SB3443 EngrossedLRB098 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 2310/2310-373 rep.)
25    (20 ILCS 2310/2310-396 rep.)

 

 

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1    Section 35. The Department of Public Health Powers and
2Duties Law of the Civil Administrative Code of Illinois is
3amended by repealing Sections 2310-373 and 2310-396.
 
4    (20 ILCS 2605/2605-420 rep.)
5    Section 40. The Department of State Police Law of the Civil
6Administrative Code of Illinois is amended by repealing Section
72605-420.
 
8    Section 45. The Governor's Office of Management and Budget
9Act is amended by changing Section 7.3 as follows:
 
10    (20 ILCS 3005/7.3)
11    Sec. 7.3. Annual economic and fiscal policy report. No
12later than the 3rd business day in By January 1 of each year,
13the Governor's Office of Management and Budget shall submit an
14economic and fiscal policy report to the General Assembly. The
15report must outline the long-term economic and fiscal policy
16objectives of the State, the economic and fiscal policy
17intentions for the upcoming fiscal year, and the economic and
18fiscal policy intentions for the following 2 fiscal years. The
19report must highlight the total level of revenue, expenditure,
20deficit or surplus, and debt with respect to each of the
21reporting categories. The report must be posted on the Office's
22Internet website and allow members of the public to post
23comments concerning the report.

 

 

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

 

 

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1    categories.
2        (4) The date the written release of the Governor for
3    each project was submitted to the Comptroller or is
4    projected to be submitted and, if a release for any project
5    has not been submitted within 6 months after its
6    appropriation became law, an explanation why the project
7    has not yet been released, all organized into categories.
8        (5) The amount of expenditures to date by the State
9    relating to each project and estimated amount of total
10    State expenditures and proposed schedule of future State
11    expenditures relating to each project, all organized into
12    categories.
13        (6) A timeline for completion of each project,
14    including the dates, if applicable, of execution by the
15    State of any grant agreement, any required engineering or
16    design work or environmental approvals, and the estimated
17    or actual dates of the start and completion of
18    construction, all organized into categories. Any
19    substantial variances on any project from this reported
20    timeline must be explained in the next quarterly report.
21        (7) A summary report of the status of all projects,
22    including the amount of undisbursed funds intended to be
23    held or used in the next quarter.
24(Source: P.A. 96-34, eff. 7-13-09.)
 
25    (30 ILCS 105/5.250 rep.)

 

 

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1    Section 55. The State Finance Act is amended by repealing
2Section 5.250.
 
3    (30 ILCS 720/Act rep.)
4    Section 65. The Industrial Development Assistance Law is
5repealed.
 
6    (30 ILCS 750/9-4.5 rep.)
7    Section 70. The Build Illinois Act is amended by repealing
8Section 9-4.5.
 
9    Section 75. The Property Tax Code is amended by changing
10Sections 8-35, 17-20, and 17-40 as follows:
 
11    (35 ILCS 200/8-35)
12    Sec. 8-35. Notification requirements; procedure on
13protest.
14    (a) Assessments made by the Department. Upon completion of
15its original assessments, the Department shall publish a
16complete list of the assessments on its official website. in
17the State "official newspaper." Any person feeling aggrieved by
18any such assessment may, within 10 days of the date of
19publication of the list, apply to the Department for a review
20and correction of that assessment. Upon review of the
21assessment, the Department shall make any correction as it
22considers just.

 

 

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1    If review of an assessment has been made and notice has
2been given of the Department's decision, any party to the
3proceeding who feels aggrieved by the decision, may file an
4application for hearing. The application shall be in writing
5and shall be filed with the Department within 20 days after
6notice of the decision has been given by certified mail.
7Petitions for hearing shall state concisely the mistakes
8alleged to have been made or the new evidence to be presented.
9    No action for the judicial review of any assessment
10decision of the Department shall be allowed unless the party
11commencing such action has filed an application for a hearing
12and the Department 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 where
15the assessment is revised, the taxes extended upon the
16assessment, or that part of the taxes as may be appropriate,
17shall be abated or, if already paid, refunded.
18    (b) Exemption decisions made by the Department. Notice of
19each exemption decision made by the Department under Section
2015-25, 16-70, or 16-130 shall be given by certified mail to the
21applicant for exemption.
22    If an exemption decision has been made by the Department
23and notice has been given of the Department's decision, any
24party to the proceeding who feels aggrieved by the decision may
25file an application for hearing. The application shall be in
26writing and shall be filed with the Department within 60 days

 

 

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1after notice of the decision has been given by certified mail.
2Petitions for hearing shall state concisely the mistakes
3alleged to have been made or the new evidence to be presented.
4    If a petition for hearing is filed, the Department shall
5reconsider the exemption decision and shall grant any party to
6the proceeding a hearing. As soon as practical after the
7reconsideration and hearing, the Department shall issue a
8notice of decision by mailing the notice by certified mail. The
9notice shall set forth the Department's findings of fact and
10the basis of the decision.
11    Within 30 days after the mailing of a notice of decision,
12any party to the proceeding may file with the Director a
13written request for rehearing in such form as the Department
14may by rule prescribe, setting forth the grounds on which
15rehearing is requested. If rehearing or Departmental review is
16granted, as soon as practical after the rehearing or
17Departmental review has been held, the Department shall issue a
18revised decision to the party or the party's legal
19representative as a result of the rehearing. The action of the
20Department on a petition for hearing shall become final the
21later of (i) 30 days after issuance of a notice of decision, if
22no request for rehearing is made, or (ii) if a timely request
23for rehearing is made, upon the issuance of the denial of the
24request or the issuance of a notice of final decision.
25    No action for the judicial review of any exemption decision
26of the Department shall be allowed unless the party commencing

 

 

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1the action has filed an application for a hearing and the
2Department has acted upon the application.
3    The extension of taxes on an assessment shall not be
4delayed by any proceeding under this Section. In cases when the
5exemption is granted, in whole or in part, the taxes extended
6upon the assessment, or that part of the taxes as may be
7appropriate, shall be abated or, if already paid, refunded.
8(Source: P.A. 92-658, eff. 7-16-02.)
 
9    (35 ILCS 200/17-20)
10    Sec. 17-20. Hearing on tentative equalization factor. The
11Department shall, after publishing its tentative equalization
12factor and giving notice of hearing to the public on its
13official website in a newspaper of general circulation in the
14county, hold a hearing on its estimate not less than 10 days
15nor more than 30 days from the date of the publication. The
16notice shall state the date and time of the hearing, which
17shall be held in either Chicago or Springfield, the basis for
18the estimate of the Department, and further information as the
19Department may prescribe. The Department shall, after giving a
20hearing to all interested parties and opportunity for
21submitting testimony and evidence in support of or adverse to
22the estimate as the Department considers requisite, either
23confirm or revise the estimate so as to correctly represent the
24considered judgment of the Department respecting the estimated
25percentage to be added to or deducted from the aggregate

 

 

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1assessment of all locally assessed property in the county
2except property assessed under Sections 10-110 through 10-140
3or 10-170 through 10-200. Within 30 days after the conclusion
4of the hearing the Department shall mail to the County Clerk,
5by certified mail, its determination with respect to such
6estimated percentage to be added to or deducted from the
7aggregate assessment.
8(Source: P.A. 91-555, eff. 1-1-00.)
 
9    (35 ILCS 200/17-40)
10    Sec. 17-40. Publication of final equalization factor. The
11Department shall publish on its official website in each county
12the percentage and equalization factor certified to each county
13clerk under Section 17-30. If the percentage differs from the
14percentage derived from the initial estimate certified under
15Section 17-15, a statement as to the basis for the final
16percentage shall also be published. The Department shall
17provide the statement to any member of the public upon request.
18(Source: P.A. 79-703; 88-455.)
 
19    Section 80. The Adult Education Reporting Act is amended by
20changing Section 1 as follows:
 
21    (105 ILCS 410/1)  (from Ch. 122, par. 1851)
22    Sec. 1. As used in this Act, "agency" means: the
23Departments of Corrections, Public Aid, Commerce and Economic

 

 

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1Opportunity, Human Services, and Public Health; the Secretary
2of State; the Illinois Community College Board; and the
3Administrative Office of the Illinois Courts. On and after July
41, 2001, "agency" includes the State Board of Education and
5does not include the Illinois Community College Board.
6(Source: P.A. 94-793, eff. 5-19-06.)
 
7    Section 85. The Public Community College Act is amended by
8changing Section 2-10 as follows:
 
9    (110 ILCS 805/2-10)  (from Ch. 122, par. 102-10)
10    Sec. 2-10. The State Board shall make a thorough,
11comprehensive and continuous study of the status of community
12college education, its problems, needs for improvement, and
13projected developments and shall make a detailed report thereof
14to the General Assembly not later than March 1 of each
15odd-numbered year and shall submit recommendations for such
16legislation as it deems necessary.
17    The requirement for reporting to the General Assembly shall
18be satisfied by electronically filing copies of the report with
19the Speaker, the Minority Leader and the Clerk of the House of
20Representatives and the President, the Minority Leader and the
21Secretary of the Senate and the Legislative Research Unit, as
22required by Section 3.1 of "An Act to revise the law in
23relation to the General Assembly", approved February 25, 1874,
24as amended, and electronically filing such additional copies

 

 

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1with the State Government Report Distribution Center for the
2General Assembly as is required under paragraph (t) of Section
37 of the State Library Act. A copy of the report shall also be
4posted on the State Board's website.
5(Source: P.A. 84-1438.)
 
6    (215 ILCS 5/178 rep.)
7    Section 90. The Illinois Insurance Code is amended by
8repealing Section 178.
 
9    (215 ILCS 5/Art. XVI rep.)
10    (215 ILCS 5/Art. XIXB rep.)
11    Section 95. The Illinois Insurance Code is amended by
12repealing Articles XVI and XIXB.
 
13    (225 ILCS 120/24 rep.)
14    Section 100. The Wholesale Drug Distribution Licensing Act
15is amended by repealing Section 24.
 
16    Section 105. The Solid Waste Site Operator Certification
17Law is amended by changing Section 1011 as follows:
 
18    (225 ILCS 230/1011)  (from Ch. 111, par. 7861)
19    Sec. 1011. Fees.
20    (a) Fees for the issuance or renewal of a Solid Waste Site
21Operator Certificate shall be as follows:

 

 

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1        (1)(A) $400 for issuance or renewal for Class A Solid
2    Waste Site Operators; (B) $200 for issuance or renewal for
3    Class B Solid Waste Site Operators; and (C) $100 for
4    issuance or renewal for special waste endorsements.
5        (2) If the fee for renewal is not paid within the grace
6    period the above fees for renewal shall each be increased
7    by $50.
8    (b) Before the effective date of this amendatory Act of the
998th General Assembly, all All fees collected by the Agency
10under this Section shall be deposited into the Hazardous Waste
11Occupational Licensing Fund. The Agency is authorized to use
12monies in the Hazardous Waste Occupational Licensing Fund to
13perform its functions, powers, and duties under this Section.
14    On and after the effective date of this amendatory Act of
15the 98th General Assembly, all fees collected by the Agency
16under this Section shall be deposited into the Environmental
17Protection Permit and Inspection Fund to be used in accordance
18with the provisions of Section 22.8 of the Environmental
19Protection Act.
20(Source: P.A. 86-1363.)
 
21    Section 110. The Illinois Athlete Agents Act is amended by
22changing Section 180 as follows:
 
23    (225 ILCS 401/180)
24    Sec. 180. Civil penalties.

 

 

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1    (a) In addition to any other penalty provided by law, any
2person who violates this Act shall forfeit and pay a civil
3penalty to the Department in an amount not to exceed $10,000
4for each violation as determined by the Department. The civil
5penalty shall be assessed by the Department in accordance with
6the provisions of this Act.
7    (b) The Department has the authority and power to
8investigate any and all unlicensed activity.
9    (c) The civil penalty shall be paid within 60 days after
10the effective date of the order imposing the civil penalty. The
11order shall constitute a judgment and may be filed and
12execution had thereon in the same manner as any judgment from
13any court of record.
14    (d) All moneys collected under this Section shall be
15deposited into the General Professions Dedicated Fund.
16(Source: P.A. 96-1030, eff. 1-1-11.)
 
17    Section 115. The Illinois Horse Racing Act of 1975 is
18amended by changing Section 30 as follows:
 
19    (230 ILCS 5/30)  (from Ch. 8, par. 37-30)
20    Sec. 30. (a) The General Assembly declares that it is the
21policy of this State to encourage the breeding of thoroughbred
22horses in this State and the ownership of such horses by
23residents of this State in order to provide for: sufficient
24numbers of high quality thoroughbred horses to participate in

 

 

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1thoroughbred racing meetings in this State, and to establish
2and preserve the agricultural and commercial benefits of such
3breeding and racing industries to the State of Illinois. It is
4the intent of the General Assembly to further this policy by
5the provisions of this Act.
6    (b) Each organization licensee conducting a thoroughbred
7racing meeting pursuant to this Act shall provide at least two
8races each day limited to Illinois conceived and foaled horses
9or Illinois foaled horses or both. A minimum of 6 races shall
10be conducted each week limited to Illinois conceived and foaled
11or Illinois foaled horses or both. No horses shall be permitted
12to start in such races unless duly registered under the rules
13of the Department of Agriculture.
14    (c) Conditions of races under subsection (b) shall be
15commensurate with past performance, quality, and class of
16Illinois conceived and foaled and Illinois foaled horses
17available. If, however, sufficient competition cannot be had
18among horses of that class on any day, the races may, with
19consent of the Board, be eliminated for that day and substitute
20races provided.
21    (d) There is hereby created a special fund of the State
22Treasury to be known as the Illinois Thoroughbred Breeders
23Fund.
24    Except as provided in subsection (g) of Section 27 of this
25Act, 8.5% of all the monies received by the State as privilege
26taxes on Thoroughbred racing meetings shall be paid into the

 

 

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1Illinois Thoroughbred Breeders Fund.
2    (e) The Illinois Thoroughbred Breeders Fund shall be
3administered by the Department of Agriculture with the advice
4and assistance of the Advisory Board created in subsection (f)
5of this Section.
6    (f) The Illinois Thoroughbred Breeders Fund Advisory Board
7shall consist of the Director of the Department of Agriculture,
8who shall serve as Chairman; a member of the Illinois Racing
9Board, designated by it; 2 representatives of the organization
10licensees conducting thoroughbred racing meetings, recommended
11by them; 2 representatives of the Illinois Thoroughbred
12Breeders and Owners Foundation, recommended by it; and 2
13representatives of the Horsemen's Benevolent Protective
14Association or any successor organization established in
15Illinois comprised of the largest number of owners and
16trainers, recommended by it, with one representative of the
17Horsemen's Benevolent and Protective Association to come from
18its Illinois Division, and one from its Chicago Division.
19Advisory Board members shall serve for 2 years commencing
20January 1 of each odd numbered year. If representatives of the
21organization licensees conducting thoroughbred racing
22meetings, the Illinois Thoroughbred Breeders and Owners
23Foundation, and the Horsemen's Benevolent Protection
24Association have not been recommended by January 1, of each odd
25numbered year, the Director of the Department of Agriculture
26shall make an appointment for the organization failing to so

 

 

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1recommend a member of the Advisory Board. Advisory Board
2members shall receive no compensation for their services as
3members but shall be reimbursed for all actual and necessary
4expenses and disbursements incurred in the execution of their
5official duties.
6    (g) No monies shall be expended from the Illinois
7Thoroughbred Breeders Fund except as appropriated by the
8General Assembly. Monies appropriated from the Illinois
9Thoroughbred Breeders Fund shall be expended by the Department
10of Agriculture, with the advice and assistance of the Illinois
11Thoroughbred Breeders Fund Advisory Board, for the following
12purposes only:
13        (1) To provide purse supplements to owners of horses
14    participating in races limited to Illinois conceived and
15    foaled and Illinois foaled horses. Any such purse
16    supplements shall not be included in and shall be paid in
17    addition to any purses, stakes, or breeders' awards offered
18    by each organization licensee as determined by agreement
19    between such organization licensee and an organization
20    representing the horsemen. No monies from the Illinois
21    Thoroughbred Breeders Fund shall be used to provide purse
22    supplements for claiming races in which the minimum
23    claiming price is less than $7,500.
24        (2) To provide stakes and awards to be paid to the
25    owners of the winning horses in certain races limited to
26    Illinois conceived and foaled and Illinois foaled horses

 

 

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

 

 

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1    such race was conducted.
2        (4) To provide $75,000 annually for purses to be
3    distributed to county fairs that provide for the running of
4    races during each county fair exclusively for the
5    thoroughbreds conceived and foaled in Illinois. The
6    conditions of the races shall be developed by the county
7    fair association and reviewed by the Department with the
8    advice and assistance of the Illinois Thoroughbred
9    Breeders Fund Advisory Board. There shall be no wagering of
10    any kind on the running of Illinois conceived and foaled
11    races at county fairs.
12        (4.1) To provide purse money for an Illinois stallion
13    stakes program.
14        (5) No less than 80% of all monies appropriated from
15    the Illinois Thoroughbred Breeders Fund shall be expended
16    for the purposes in (1), (2), (2.5), (3), (4), (4.1), and
17    (5) as shown above.
18        (6) To provide for educational programs regarding the
19    thoroughbred breeding industry.
20        (7) To provide for research programs concerning the
21    health, development and care of the thoroughbred horse.
22        (8) To provide for a scholarship and training program
23    for students of equine veterinary medicine.
24        (9) To provide for dissemination of public information
25    designed to promote the breeding of thoroughbred horses in
26    Illinois.

 

 

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

 

 

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

 

 

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1fourth finishers and 1% to the organization representing
2thoroughbred breeders and owners whose representative serves
3on the Illinois Thoroughbred Breeders Fund Advisory Board for
4verifying the amounts of breeders' awards earned, assuring
5their proper distribution in accordance with this Act, and
6servicing and promoting the Illinois thoroughbred horse racing
7industry. The organization representing thoroughbred breeders
8and owners shall cause all expenditures of monies received
9under this subsection (j) to be audited at least annually by a
10registered public accountant. The organization shall file
11copies of each annual audit with the Racing Board, the Clerk of
12the House of Representatives and the Secretary of the Senate,
13and shall make copies of each annual audit available to the
14public upon request and upon payment of the reasonable cost of
15photocopying the requested number of copies.
16    The 11 1/2% paid to the breeders in accordance with this
17subsection shall be distributed as follows:
18        (1) 60% of such sum shall be paid to the breeder of the
19    horse which finishes in the official first position;
20        (2) 20% of such sum shall be paid to the breeder of the
21    horse which finishes in the official second position;
22        (3) 15% of such sum shall be paid to the breeder of the
23    horse which finishes in the official third position; and
24        (4) 5% of such sum shall be paid to the breeder of the
25    horse which finishes in the official fourth position.
26    Such payments shall not reduce any award to the owners of a

 

 

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1horse or reduce the taxes payable under this Act. Upon
2completion of its racing meet, each organization licensee shall
3deliver to the organization representing thoroughbred breeders
4and owners whose representative serves on the Illinois
5Thoroughbred Breeders Fund Advisory Board a listing of all the
6Illinois foaled and the Illinois conceived and foaled horses
7which won breeders' awards and the amount of such breeders'
8awards in accordance with the provisions of this Act. Such
9payments shall be delivered by the organization licensee within
1030 days of the end of each race meeting.
11    (k) The term "breeder", as used herein, means the owner of
12the mare at the time the foal is dropped. An "Illinois foaled
13horse" is a foal dropped by a mare which enters this State on
14or before December 1, in the year in which the horse is bred,
15provided the mare remains continuously in this State until its
16foal is born. An "Illinois foaled horse" also means a foal born
17of a mare in the same year as the mare enters this State on or
18before March 1, and remains in this State at least 30 days
19after foaling, is bred back during the season of the foaling to
20an Illinois Registered Stallion (unless a veterinarian
21certifies that the mare should not be bred for health reasons),
22and is not bred to a stallion standing in any other state
23during the season of foaling. An "Illinois foaled horse" also
24means a foal born in Illinois of a mare purchased at public
25auction subsequent to the mare entering this State prior to
26February 1 of the foaling year providing the mare is owned

 

 

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

 

 

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1    registration of such foals containing false information.
2    (m) The Department of Agriculture, with the advice and
3assistance of the Illinois Thoroughbred Breeders Fund Advisory
4Board, shall provide that certain races limited to Illinois
5conceived and foaled and Illinois foaled horses be stakes races
6and determine the total amount of stakes and awards to be paid
7to the owners of the winning horses in such races.
8    In determining the stakes races and the amount of awards
9for such races, the Department of Agriculture shall consider
10factors, including but not limited to, the amount of money
11appropriated for the Illinois Thoroughbred Breeders Fund
12program, organization licensees' contributions, availability
13of stakes caliber horses as demonstrated by past performances,
14whether the race can be coordinated into the proposed racing
15dates within organization licensees' racing dates, opportunity
16for colts and fillies and various age groups to race, public
17wagering on such races, and the previous racing schedule.
18    (n) The Board and the organizational licensee shall notify
19the Department of the conditions and minimum purses for races
20limited to Illinois conceived and foaled and Illinois foaled
21horses conducted for each organizational licensee conducting a
22thoroughbred racing meeting. The Department of Agriculture
23with the advice and assistance of the Illinois Thoroughbred
24Breeders Fund Advisory Board may allocate monies for purse
25supplements for such races. In determining whether to allocate
26money and the amount, the Department of Agriculture shall

 

 

SB3443 Engrossed- 40 -LRB098 15945 HLH 55564 b

1consider factors, including but not limited to, the amount of
2money appropriated for the Illinois Thoroughbred Breeders Fund
3program, the number of races that may occur, and the
4organizational licensee's purse structure.
5    (o) (Blank). In order to improve the breeding quality of
6thoroughbred horses in the State, the General Assembly
7recognizes that existing provisions of this Section to
8encourage such quality breeding need to be revised and
9strengthened. As such, a Thoroughbred Breeder's Program Task
10Force is to be appointed by the Governor by September 1, 1999
11to make recommendations to the General Assembly by no later
12than March 1, 2000. This task force is to be composed of 2
13representatives from the Illinois Thoroughbred Breeders and
14Owners Foundation, 2 from the Illinois Thoroughbred Horsemen's
15Association, 3 from Illinois race tracks operating
16thoroughbred race meets for an average of at least 30 days in
17the past 3 years, the Director of Agriculture, the Executive
18Director of the Racing Board, who shall serve as Chairman.
19(Source: P.A. 91-40, eff. 6-25-99.)
 
20    Section 120. The Liquor Control Act of 1934 is amended by
21changing Section 6-15 as follows:
 
22    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
23    Sec. 6-15. No alcoholic liquors shall be sold or delivered
24in any building belonging to or under the control of the State

 

 

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1or any political subdivision thereof except as provided in this
2Act. The corporate authorities of any city, village,
3incorporated town, township, or county may provide by
4ordinance, however, that alcoholic liquor may be sold or
5delivered in any specifically designated building belonging to
6or under the control of the municipality, township, or county,
7or in any building located on land under the control of the
8municipality, township, or county; provided that such township
9or county complies with all applicable local ordinances in any
10incorporated area of the township or county. Alcoholic liquor
11may be delivered to and sold under the authority of a special
12use permit on any property owned by a conservation district
13organized under the Conservation District Act, provided that
14(i) the alcoholic liquor is sold only at an event authorized by
15the governing board of the conservation district, (ii) the
16issuance of the special use permit is authorized by the local
17liquor control commissioner of the territory in which the
18property is located, and (iii) the special use permit
19authorizes the sale of alcoholic liquor for one day or less.
20Alcoholic liquors may be delivered to and sold at any airport
21belonging to or under the control of a municipality of more
22than 25,000 inhabitants, or in any building or on any golf
23course owned by a park district organized under the Park
24District Code, subject to the approval of the governing board
25of the district, or in any building or on any golf course owned
26by a forest preserve district organized under the Downstate

 

 

SB3443 Engrossed- 42 -LRB098 15945 HLH 55564 b

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

 

 

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

 

 

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1professional football team is playing in that stadium during
2the renovation of Soldier Field, not more than one and a half
3hours before the start of the game and not after the end of the
4third quarter of the game, or in the Pavilion Facility on the
5campus of the University of Illinois at Chicago during games in
6which the Chicago Storm professional soccer team is playing in
7that facility, not more than one and a half hours before the
8start of the game and not after the end of the third quarter of
9the game, or in the Pavilion Facility on the campus of the
10University of Illinois at Chicago during games in which the
11WNBA professional women's basketball team is playing in that
12facility, not more than one and a half hours before the start
13of the game and not after the 10-minute mark of the second half
14of the game, or by a catering establishment which has rented
15facilities from a board of trustees of a public community
16college district, or in a restaurant that is operated by a
17commercial tenant in the North Campus Parking Deck building
18that (1) is located at 1201 West University Avenue, Urbana,
19Illinois and (2) is owned by the Board of Trustees of the
20University of Illinois, or, if approved by the District board,
21on land owned by the Metropolitan Sanitary District of Greater
22Chicago and leased to others for a term of at least 20 years.
23Nothing in this Section precludes the sale or delivery of
24alcoholic liquor in the form of original packaged goods in
25premises located at 500 S. Racine in Chicago belonging to the
26University of Illinois and used primarily as a grocery store by

 

 

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1a commercial tenant during the term of a lease that predates
2the University's acquisition of the premises; but the
3University shall have no power or authority to renew, transfer,
4or extend the lease with terms allowing the sale of alcoholic
5liquor; and the sale of alcoholic liquor shall be subject to
6all local laws and regulations. After the acquisition by
7Winnebago County of the property located at 404 Elm Street in
8Rockford, a commercial tenant who sold alcoholic liquor at
9retail on a portion of the property under a valid license at
10the time of the acquisition may continue to do so for so long
11as the tenant and the County may agree under existing or future
12leases, subject to all local laws and regulations regarding the
13sale of alcoholic liquor. Alcoholic liquors may be delivered to
14and sold at Memorial Hall, located at 211 North Main Street,
15Rockford, under conditions approved by Winnebago County and
16subject to all local laws and regulations regarding the sale of
17alcoholic liquor. Each facility shall provide dram shop
18liability in maximum insurance coverage limits so as to save
19harmless the State, municipality, State university, airport,
20golf course, faculty center, facility in which conference and
21convention type activities take place, park district, Forest
22Preserve District, public community college district,
23aquarium, museum, or sanitary district from all financial loss,
24damage or harm. Alcoholic liquors may be sold at retail in
25buildings of golf courses owned by municipalities or Illinois
26State University in connection with the operation of an

 

 

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

 

 

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1relevant and important, give consideration to the following:
2(i) whether the event is a student activity or student related
3activity; (ii) whether the physical setting of the event is
4conducive to control of liquor sales and distribution; (iii)
5the ability of the event operator to ensure that the sale or
6serving of alcoholic liquors and the demeanor of the
7participants are in accordance with State law and University
8policies; (iv) regarding the anticipated attendees at the
9event, the relative proportion of individuals under the age of
1021 to individuals age 21 or older; (v) the ability of the venue
11operator to prevent the sale or distribution of alcoholic
12liquors to individuals under the age of 21; (vi) whether the
13event prohibits participants from removing alcoholic beverages
14from the venue; and (vii) whether the event prohibits
15participants from providing their own alcoholic liquors to the
16venue. In addition, any policy submitted by the Board of
17Trustees to the Illinois Liquor Control Commission must require
18that any event at which alcoholic liquors are served or sold in
19buildings under the control of the Board of Trustees shall
20require the prior written approval of the Office of the
21Chancellor for the University campus where the event is
22located. The Board of Trustees shall submit its policy, and any
23subsequently revised, updated, new, or amended policies, to the
24Illinois Liquor Control Commission, and any University event,
25or location for an event, exempted under such policies shall
26apply for a license under the applicable Sections of this Act.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the controlling government authority may consent to such sales
2only if
3        a. the request is from a not-for-profit organization;
4        b. such sales would not impede normal operations of the
5    departments involved;
6        c. the not-for-profit organization provides dram shop
7    liability in maximum insurance coverage limits and agrees
8    to defend, save harmless and indemnify the State of
9    Illinois from all financial loss, damage or harm;
10        d. no such sale shall be made during normal working
11    hours of the State of Illinois; and
12        e. the consent is in writing.
13    Alcoholic liquors may be sold at retail in buildings in
14recreational areas of river conservancy districts under the
15control of, or leased from, the river conservancy districts.
16Such sales are subject to reasonable local regulations as
17provided in Article IV; however, no such regulations may
18prohibit or substantially impair the sale of alcoholic liquors
19on Sundays or Holidays.
20    Alcoholic liquors may be provided in long term care
21facilities owned or operated by a county under Division 5-21 or
225-22 of the Counties Code, when approved by the facility
23operator and not in conflict with the regulations of the
24Illinois Department of Public Health, to residents of the
25facility who have had their consumption of the alcoholic
26liquors provided approved in writing by a physician licensed to

 

 

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1practice medicine in all its branches.
2    Alcoholic liquors may be delivered to and dispensed in
3State housing assigned to employees of the Department of
4Corrections. No person shall furnish or allow to be furnished
5any alcoholic liquors to any prisoner confined in any jail,
6reformatory, prison or house of correction except upon a
7physician's prescription for medicinal purposes.
8    Alcoholic liquors may be sold at retail or dispensed at the
9Willard Ice Building in Springfield, at the State Library in
10Springfield, and at Illinois State Museum facilities by (1) an
11agency of the State, whether legislative, judicial or
12executive, provided that such agency first obtains written
13permission to sell or dispense alcoholic liquors from the
14controlling government authority, or by (2) a not-for-profit
15organization, provided that such organization:
16        a. Obtains written consent from the controlling
17    government authority;
18        b. Sells or dispenses the alcoholic liquors in a manner
19    that does not impair normal operations of State offices
20    located in the building;
21        c. Sells or dispenses alcoholic liquors only in
22    connection with an official activity in the building;
23        d. Provides, or its catering service provides, dram
24    shop liability insurance in maximum coverage limits and in
25    which the carrier agrees to defend, save harmless and
26    indemnify the State of Illinois from all financial loss,

 

 

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

 

 

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1    that does not impair normal workings of State offices or
2    operations located at the facility, property or building;
3        c. Sells or dispenses alcoholic liquors only in
4    connection with an official activity of the individual or
5    organization in the facility, property or building;
6        d. Provides, or its catering service provides, dram
7    shop liability insurance in maximum coverage limits and in
8    which the carrier agrees to defend, save harmless and
9    indemnify the State of Illinois from all financial loss,
10    damage or harm arising out of the selling or dispensing of
11    alcoholic liquors.
12    The controlling government authority for the Historic
13Sites and Preservation Division of the Historic Preservation
14Agency shall be the Director of the Historic Sites and
15Preservation, and the controlling government authority for the
16Abraham Lincoln Presidential Library and Museum shall be the
17Director of the Abraham Lincoln Presidential Library and
18Museum.
19    Alcoholic liquors may be delivered to and sold at retail or
20dispensed for consumption at the Michael Bilandic Building at
21160 North LaSalle Street, Chicago IL 60601, after the normal
22business hours of any day care or child care facility located
23in the building, by (1) a commercial tenant or subtenant
24conducting business on the premises under a lease made pursuant
25to Section 405-315 of the Department of Central Management
26Services Law (20 ILCS 405/405-315), provided that such tenant

 

 

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

 

 

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1    Nothing in this Act shall prevent a not-for-profit
2organization or agency of the State from employing the services
3of a catering establishment for the selling or dispensing of
4alcoholic liquors at functions authorized by the Director of
5Central Management Services.
6    Alcoholic liquors may be sold at retail or dispensed at the
7James R. Thompson Center in Chicago, subject to the provisions
8of Section 7.4 of the State Property Control Act, and 222 South
9College Street in Springfield, Illinois by (1) a commercial
10tenant or subtenant conducting business on the premises under a
11lease or sublease made pursuant to Section 405-315 of the
12Department of Central Management Services Law (20 ILCS
13405/405-315), provided that such tenant or subtenant who sells
14or dispenses alcoholic liquors shall procure and maintain dram
15shop liability insurance in maximum coverage limits and in
16which the carrier agrees to defend, indemnify and save harmless
17the State of Illinois from all financial loss, damage or harm
18arising out of the sale or dispensing of alcoholic liquors, or
19by (2) an agency of the State, whether legislative, judicial or
20executive, provided that such agency first obtains written
21permission to sell or dispense alcoholic liquors from the
22Director of Central Management Services, or by (3) a
23not-for-profit organization, provided that such organization:
24        a. Obtains written consent from the Department of
25    Central Management Services;
26        b. Sells or dispenses the alcoholic liquors in a manner

 

 

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1    that does not impair normal operations of State offices
2    located in the building;
3        c. Sells or dispenses alcoholic liquors only in
4    connection with an official activity in the building;
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 or delivered at any facility
17owned by the Illinois Sports Facilities Authority provided that
18dram shop liability insurance has been made available in a
19form, with such coverage and in such amounts as the Authority
20reasonably determines is necessary.
21    Alcoholic liquors may be sold at retail or dispensed at the
22Rockford State Office Building by (1) an agency of the State,
23whether legislative, judicial or executive, provided that such
24agency first obtains written permission to sell or dispense
25alcoholic liquors from the Department of Central Management
26Services, or by (2) a not-for-profit organization, provided

 

 

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

 

 

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1this Section. The regulation of the sale and delivery of
2alcoholic liquor in a building that is owned by McLean County,
3situated on land owned by the county, and used by the McLean
4County Historical Society as provided in this paragraph is an
5exclusive power and function of the State and is a denial and
6limitation under Article VII, Section 6, subsection (h) of the
7Illinois Constitution of the power of a home rule municipality
8to regulate that sale and delivery.
9    Alcoholic liquors may be sold or delivered in any building
10situated on land held in trust for any school district
11organized under Article 34 of the School Code, if the building
12is not used for school purposes and if the sale or delivery is
13approved by the board of education.
14    Alcoholic liquors may be sold or delivered in buildings
15owned by the Community Building Complex Committee of Boone
16County, Illinois if the person or facility selling or
17dispensing the alcoholic liquor has provided dram shop
18liability insurance with coverage and in amounts that the
19Committee reasonably determines are necessary.
20    Alcoholic liquors may be sold or delivered in the building
21located at 1200 Centerville Avenue in Belleville, Illinois and
22occupied by either the Belleville Area Special Education
23District or the Belleville Area Special Services Cooperative.
24    Alcoholic liquors may be delivered to and sold at the Louis
25Joliet Renaissance Center, City Center Campus, located at 214
26N. Ottawa Street, Joliet, and the Food Services/Culinary Arts

 

 

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1Department facilities, Main Campus, located at 1215 Houbolt
2Road, Joliet, owned by or under the control of Joliet Junior
3College, Illinois Community College District No. 525.
4    Alcoholic liquors may be delivered to and sold at Triton
5College, Illinois Community College District No. 504.
6    Alcoholic liquors may be delivered to and sold at the
7College of DuPage, Illinois Community College District No. 502.
8    Alcoholic liquors may be delivered to and sold at the
9building located at 446 East Hickory Avenue in Apple River,
10Illinois, owned by the Apple River Fire Protection District,
11and occupied by the Apple River Community Association if the
12alcoholic liquor is sold or dispensed only in connection with
13organized functions approved by the Apple River Community
14Association for which the planned attendance is 20 or more
15persons and if the person or facility selling or dispensing the
16alcoholic liquor has provided dram shop liability insurance in
17maximum limits so as to hold harmless the Apple River Fire
18Protection District, the Village of Apple River, and the Apple
19River Community Association from all financial loss, damage,
20and harm.
21    Alcoholic liquors may be delivered to and sold at the Sikia
22Restaurant, Kennedy King College Campus, located at 740 West
2363rd Street, Chicago, and at the Food Services in the Great
24Hall/Washburne Culinary Institute Department facility, Kennedy
25King College Campus, located at 740 West 63rd Street, Chicago,
26owned by or under the control of City Colleges of Chicago,

 

 

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1Illinois Community College District No. 508.
2(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,
3eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;
497-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff.
53-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised
69-24-13.)
 
7    (320 ILCS 65/20 rep.)
8    Section 125. The Family Caregiver Act is amended by
9repealing Section 20.
 
10    (410 ILCS 3/10 rep.)
11    Section 130. The Atherosclerosis Prevention Act is amended
12by repealing Section 10.
 
13    (410 ILCS 425/Act rep.)
14    Section 135. The High Blood Pressure Control Act is
15repealed.
 
16    Section 140. The Environmental Protection Act is amended by
17changing Section 22.8 as follows:
 
18    (415 ILCS 5/22.8)  (from Ch. 111 1/2, par. 1022.8)
19    Sec. 22.8. Environmental Protection Permit and Inspection
20Fund.
21    (a) There is hereby created in the State Treasury a special

 

 

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1fund to be known as the Environmental Protection Permit and
2Inspection Fund. All fees collected by the Agency pursuant to
3this Section, Section 9.6, 12.2, 16.1, 22.2 (j)(6)(E)(v)(IV),
456.4, 56.5, 56.6, and subsection (f) of Section 5 of this Act,
5or pursuant to Section 22 of the Public Water Supply Operations
6Act or Section 1011 of the Solid Waste Site Operator
7Certification Law, as well as and funds collected under
8subsection (b.5) of Section 42 of this Act, shall be deposited
9into the Fund. In addition to any monies appropriated from the
10General Revenue Fund, monies in the Fund shall be appropriated
11by the General Assembly to the Agency in amounts deemed
12necessary for manifest, permit, and inspection activities and
13for performing its functions, powers, and duties under the
14Solid Waste Site Operator Certification Law processing
15requests under Section 22.2 (j)(6)(E)(v)(IV).
16    The General Assembly may appropriate monies in the Fund
17deemed necessary for Board regulatory and adjudicatory
18proceedings.
19    (a-5) As soon as practicable after the effective date of
20this amendatory Act of the 98th General Assembly, but no later
21than January 1, 2014, the State Comptroller shall direct and
22the State Treasurer shall transfer all monies in the Industrial
23Hygiene Regulatory and Enforcement Fund to the Environmental
24Protection Permit and Inspection Fund to be used in accordance
25with the terms of the Environmental Protection Permit and
26Inspection Fund.

 

 

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

 

 

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1        (4) $2,000 ($4,000 beginning in 2004) for a hazardous
2    waste management facility treating hazardous waste by
3    incineration;
4        (5) $1,000 ($2,000 beginning in 2004) for a hazardous
5    waste management facility treating hazardous waste by a
6    method, technique or process other than incineration;
7        (6) $1,000 ($2,000 beginning in 2004) for a hazardous
8    waste management facility storing hazardous waste in a
9    surface impoundment or pile;
10        (7) $250 ($500 beginning in 2004) for a hazardous waste
11    management facility storing hazardous waste other than in a
12    surface impoundment or pile; and
13        (8) Beginning in 2004, $500 for a large quantity
14    hazardous waste generator required to submit an annual or
15    biennial report for hazardous waste generation.
16    (c) Where two or more operational units are located within
17a single hazardous waste disposal site, the Agency shall
18collect from the owner or operator of such site an annual fee
19equal to the highest fee imposed by subsection (b) of this
20Section upon any single operational unit within the site.
21    (d) The fee imposed upon a hazardous waste disposal site
22under this Section shall be the exclusive permit and inspection
23fee applicable to hazardous waste disposal at such site,
24provided that nothing in this Section shall be construed to
25diminish or otherwise affect any fee imposed upon the owner or
26operator of a hazardous waste disposal site by Section 22.2.

 

 

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1    (e) The Agency shall establish procedures, no later than
2December 1, 1984, relating to the collection of the hazardous
3waste disposal site fees authorized by this Section. Such
4procedures shall include, but not be limited to the time and
5manner of payment of fees to the Agency, which shall be
6quarterly, payable at the beginning of each quarter for
7hazardous waste disposal site fees. Annual fees required under
8paragraph (7) of subsection (b) of this Section shall accompany
9the annual report required by Board regulations for the
10calendar year for which the report applies.
11    (f) For purposes of this Section, a hazardous waste
12disposal site consists of one or more of the following
13operational units:
14        (1) a landfill receiving hazardous waste for disposal;
15        (2) a waste pile or surface impoundment, receiving
16    hazardous waste, in which residues which exhibit any of the
17    characteristics of hazardous waste pursuant to Board
18    regulations are reasonably expected to remain after
19    closure;
20        (3) a land treatment facility receiving hazardous
21    waste; or
22        (4) a well injecting hazardous waste.
23    (g) The Agency shall assess a fee for each manifest
24provided by the Agency. For manifests provided on or after
25January 1, 1989 but before July 1, 2003, the fee shall be $1
26per manifest. For manifests provided on or after July 1, 2003,

 

 

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1the fee shall be $3 per manifest.
2(Source: P.A. 98-78, eff. 7-15-13.)
 
3    Section 145. The Illinois Pesticide Act is amended by
4changing Sections 19.3 and 22.2 as follows:
 
5    (415 ILCS 60/19.3)
6    Sec. 19.3. Agrichemical Facility Response Action Program.
7    (a) It is the policy of the State of Illinois that an
8Agrichemical Facility Response Action Program be implemented
9to reduce potential agrichemical pollution and minimize
10environmental degradation risk potential at these sites. In
11this Section, "agrichemical facility" means a site where
12agrichemicals are stored or handled, or both, in preparation
13for end use. "Agrichemical facility" does not include basic
14manufacturing or central distribution sites utilized only for
15wholesale purposes. As used in this Section, "agrichemical"
16means pesticides or commercial fertilizers at an agrichemical
17facility.
18    The program shall provide guidance for assessing the threat
19of soil agrichemical contaminants to groundwater and
20recommending which sites need to establish a voluntary
21corrective action program.
22    The program shall establish appropriate site-specific soil
23cleanup objectives, which shall be based on the potential for
24the agrichemical contaminants to move from the soil to

 

 

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

 

 

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1        (2) One member who represents pesticide manufacturers.
2        (3) Two members who represent retail agrichemical
3    dealers.
4        (4) One member who represents agrichemical
5    distributors.
6        (5) One member who represents active farmers.
7        (6) One member at large.
8    The public members of the Board shall be appointed by the
9Governor for terms of 2 years. Those persons on the Board who
10represent pesticide manufacturers, agrichemical dealers,
11agrichemical distributors, and farmers shall be selected from
12recommendations made by the associations whose membership
13reflects those specific areas of interest. The members of the
14Board shall be appointed within 90 days after the effective
15date of this amendatory Act of 1995. Vacancies on the Board
16shall be filled within 30 days. The Board may fill any
17membership position vacant for a period exceeding 30 days.
18    The members of the Board shall be paid no compensation, but
19shall be reimbursed for their expenses incurred in performing
20their duties. If a civil proceeding is commenced against a
21Board member arising out of an act or omission occurring within
22the scope of the Board member's performance of his or her
23duties under this Section, the State, as provided by rule,
24shall indemnify the Board member for any damages awarded and
25court costs and attorney's fees assessed as part of a final and
26unreversed judgement, or shall pay the judgment, unless the

 

 

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

 

 

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1    Department stating that no further remedial action is
2    required to remedy the past agrichemical contamination.
3        (6) Periodically review the Department's
4    administration of the Agrichemical Incident Response Trust
5    Fund and actions taken with respect to the Fund. The Board
6    shall also provide advice to the Interagency Committee on
7    Pesticides regarding the proper handling of agrichemical
8    incidents at agrichemical facilities in Illinois.
9    (d) The Director has the authority to do the following:
10        (1) When requested by the owner or operator of an
11    agrichemical facility, may investigate the agrichemical
12    facility site contamination.
13        (2) After completion of the investigation under item
14    subdivision (d)(1) of this subsection Section, recommend
15    to the owner or operator of an agrichemical facility that a
16    voluntary assessment be made of the soil agrichemical
17    contaminant when there is evidence that the evaluation of
18    risk indicates that groundwater could be adversely
19    impacted.
20        (3) Review and make recommendations on any corrective
21    action plan submitted by the owner or operator of an
22    agrichemical facility to the Board for final approval.
23        (4) On approval by the Director Board, issue an order
24    to the owner or operator of an agrichemical facility that
25    has filed a voluntary corrective action plan that the owner
26    or operator may proceed with that plan.

 

 

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1        (5) Provide remedial project oversight and , monitor
2    remedial work progress, and report to the Board on the
3    status of remediation projects.
4        (6) Provide staff to support program the activities of
5    the Board.
6        (7) (Blank). Take appropriate action on the Board's
7    recommendations regarding policy needed to carry out the
8    Board's responsibilities under this Section.
9        (8) Incorporate In cooperation with the Board,
10    incorporate the following into a handbook or manual: the
11    procedures for site assessment; pesticide constituents of
12    concern and associated parameters; guidance on remediation
13    techniques, land application, and corrective action plans;
14    and other information or instructions that the Department
15    may find necessary.
16        (9) Coordinate preventive response actions at
17    agrichemical facilities pursuant to the Groundwater
18    Quality Standards adopted pursuant to Section 8 of the
19    Illinois Groundwater Protection Act to mitigate resource
20    groundwater impairment.
21    Upon completion of the corrective action plan and upon
22recommendation of the Board, the Department shall issue a
23notice of closure stating that site-specific cleanup
24objectives have been met and no further remedial action is
25required to remedy the past agrichemical contamination.
26    When a soil agrichemical contaminant assessment confirms

 

 

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

 

 

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1action plans developed, approved, and completed under this
2program shall be limited to the soil agrichemical contamination
3present at the site unless implementation of the plan is
4coordinated with the Illinois Environmental Protection Agency
5as follows:
6        (1) Upon receipt of notice of intent to include
7    groundwater in an action by a facility, the Department
8    shall also notify the Illinois Environmental Protection
9    Agency.
10        (2) Upon receipt of the corrective action plan, the
11    Department shall coordinate a joint review of the plan with
12    the Illinois Environmental Protection Agency.
13        (3) The Illinois Environmental Protection Agency may
14    provide a written endorsement of the corrective action
15    plan.
16        (4) The Illinois Environmental Protection Agency may
17    approve a groundwater management zone for a period of 5
18    years after the implementation of the corrective action
19    plan to allow for groundwater impairment mitigation
20    results.
21        (5) (Blank). The Department, in cooperation with the
22    Illinois Environmental Protection Agency, shall recommend
23    a proposed corrective action plan to the Board for final
24    approval to proceed with remediation. The recommendation
25    shall be based on the joint review conducted under
26    subdivision (f)(2) of this Section and the status of any

 

 

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

 

 

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

 

 

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

 

 

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1Department's duties under this Section.
2    (d) Neither the State, the Director, nor any State employee
3shall be liable for any damages or injury arising out of or
4resulting from any action taken under this Section.
5    (e) (Blank). On a quarterly basis, the Department shall
6advise and consult with the Agrichemical Facility Response
7Action Program Board as to the Department's administration of
8the Fund.
9(Source: P.A. 89-94, eff. 7-6-95.)
 
10    Section 150. The Hazardous Material Emergency Response
11Reimbursement Act is amended by changing Sections 3, 4, and 5
12as follows:
 
13    (430 ILCS 55/3)  (from Ch. 127 1/2, par. 1003)
14    Sec. 3. Definitions. As used in this Act:
15    (a) "Emergency action" means any action taken at or near
16the scene of a hazardous materials emergency incident to
17prevent or minimize harm to human health, to property, or to
18the environments from the unintentional release of a hazardous
19material.
20    (b) "Emergency response agency" means a unit of local
21government, volunteer fire protection organization, or the
22American Red Cross that provides:
23        (1) firefighting services;
24        (2) emergency rescue services;

 

 

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

 

 

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

 

 

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

 

 

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1Illinois Fire Advisory Commission at its normally scheduled
2meetings, as the claims are received. The Commission shall be
3responsible for:
4        (1) reviewing claims made against the Fund and
5    determining reasonable and necessary expenses to be
6    reimbursed for an emergency response agency:
7        (2) affirming that the emergency response agency has
8    made a reasonable effort to recover expended costs from
9    involved parties; and
10        (3) advising the State Fire Marshal as to those claims
11    against the Fund which merit reimbursement.
12    (e) The State Fire Marshal shall either accept or reject
13the Commission's recommendations as to a claim's eligibility.
14The eligibility decision of the State Fire Marshal shall be a
15final administrative decision, and may be reviewed as provided
16under the Administrative Review Law.
17(Source: P.A. 93-989, eff. 1-1-05.)
 
18    (430 ILCS 55/7 rep.)
19    Section 155. The Hazardous Material Emergency Response
20Reimbursement Act is amended by repealing Section 7.
 
21    (510 ILCS 15/1 rep.)
22    Section 160. The Animal Gastroenteritis Act is amended by
23repealing Section 1.
 

 

 

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1    Section 165. The Animal Gastroenteritis Act is amended by
2changing Section 2 as follows:
 
3    (510 ILCS 15/2)  (from Ch. 8, par. 204)
4    Sec. 2. The Director of Agriculture is authorized to
5establish within the Department an Advisory Committee to be
6known as the Swine Disease Control Committee. Such committee
7shall consist of 5 producers of swine, 2 representatives of
8general farm organizations in the State, one representative of
9general swine organizations in the State, one or more licensed
10practicing veterinarians, the State Veterinarian, the Director
11of the Department of Agriculture's Galesburg Animal Disease
12Laboratory, the administrator of animal disease programs the
13Dean of the College of Veterinary Medicine and the Dean of the
14College of Agricultural, Consumer and Environmental Sciences
15Agriculture of the University of Illinois, the Dean of the
16College of Agricultural Sciences of Southern Illinois
17University, the Dean of the School of Agriculture of Western
18Illinois University, the Chair of the Department of Agriculture
19of Illinois State University, the Director of Public Health and
20the Chairman of the Senate Agriculture and , Conservation and
21Energy Committee of the Senate and the Chairman of the House
22Committee on Agriculture and Conservation Committee of the
23House. In the appointment of such committee, the Director shall
24consult with representative persons and recognized
25organizations in the respective fields concerning such

 

 

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

 

 

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1producers and members of general farm organizations.
2    Meetings shall only occur in the event of a disease
3outbreak or other significant disease situation. The meetings
4will be scheduled at the call of From time to time the Director
5shall consult with the Swine Disease Control Committee and the
6Cattle Disease Research Committee to address disease
7prevention, management, and control in the case of a disease
8outbreak. The Committees shall receive no compensation but
9shall be reimbursed for expenses necessarily incurred in the
10performance of their duties concerning research projects to be
11undertaken, the priority of such projects, the results of such
12research and the manner in which the results of such research
13can be made available to best serve the livestock industry of
14the State.
15    The Director may also consult with such committees
16concerning problems arising in the administration of "An Act
17authorizing and providing for a cooperative program between
18United States, state and local agencies, public and private
19agencies and organizations and individuals for the control of
20starlings, rodents and other injurious predatory animal and
21bird pests and making an appropriation therefor", approved
22August 26, 1963.
23(Source: P.A. 85-323.)
 
24    Section 170. The Illinois Pseudorabies Control Act is
25amended by changing Section 5.1 as follows:
 

 

 

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1    (510 ILCS 90/5.1)  (from Ch. 8, par. 805.1)
2    Sec. 5.1. Pseudorabies Advisory Committee. Upon the
3detection of pseudorabies within the State, the The Director of
4Agriculture is authorized to establish within the Department an
5advisory committee to be known as the Pseudorabies Advisory
6Committee. The Committee Such committee shall consist of, but
7not be limited to, representatives of swine producers, general
8swine organizations within the State, licensed veterinarians,
9general farm organizations, auction markets, the packing
10industry and the University of Illinois. Members of the
11Committee shall only be appointed and meet during the timeframe
12of the detection. The Director shall, from time to time,
13consult with the Pseudorabies Advisory Committee on changes in
14the pseudorabies control program.
15    The Director shall appoint a Technical Committee from the
16membership of the Pseudorabies Advisory Committee, which shall
17be comprised of a veterinarian, a swine extension specialist,
18and a pork producer. This committee shall serve as resource
19persons for the technical aspects of the herd plans and may
20advise the Department on procedures to be followed, timetables
21for accomplishing the elimination of infection, assist in
22obtaining cooperation from swine herd owners, and recommend
23adjustments in the approved herd plan as necessary.
24    These Committee members shall be entitled to reimbursement
25of all necessary and actual expenses incurred in the

 

 

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1performance of their duties.
2(Source: P.A. 89-154, eff. 7-19-95.)
 
3    (525 ILCS 25/10 rep.)
4    Section 175. The Illinois Lake Management Program Act is
5amended by repealing Section 10.
 
6    (775 ILCS 20/Act rep.)
7    Section 180. The Defense Contract Employment
8Discrimination Act is repealed.
 
9    (815 ILCS 325/6 rep.)
10    Section 185. The Recyclable Metal Purchase Registration
11Law is amended by repealing Section 6.
 
12    Section 999. Effective date. This Act takes effect upon
13becoming law, except that Section 55 takes effect on January 1,
142015.

 

 

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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.

 

 

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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.