Rep. William Davis

Filed: 5/26/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3443

2    AMENDMENT NO. ______. Amend Senate Bill 3443 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Personnel Code is amended by changing
5Section 9 as follows:
 
6    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
7    Sec. 9. Director, powers and duties. The Director, as
8executive head of the Department, shall direct and supervise
9all its administrative and technical activities. In addition to
10the duties imposed upon him elsewhere in this law, it shall be
11his duty:
12    (1) To apply and carry out this law and the rules adopted
13thereunder.
14    (2) To attend meetings of the Commission.
15    (3) To establish and maintain a roster of all employees
16subject to this Act, in which there shall be set forth, as to

 

 

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

 

 

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

 

 

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

 

 

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1selection in each department. This report shall be in addition
2to other information on merit selection maintained for public
3information under existing law.
4    (13) To authorize in every department or agency subject to
5Jurisdiction C the use of flexible hours positions. A flexible
6hours position is one that does not require an ordinary work
7schedule as determined by the Department and includes but is
8not limited to: 1) a part time job of 20 hours or more per week,
92) a job which is shared by 2 employees or a compressed work
10week consisting of an ordinary number of working hours
11performed on fewer than the number of days ordinarily required
12to perform that job. The Department may define flexible time to
13include other types of jobs that are defined above.
14    The Director and the director of each department or agency
15shall together establish goals for flexible hours positions to
16be available in every department or agency.
17    The Department shall give technical assistance to
18departments and agencies in achieving their goals, and shall
19report to the Governor and the General Assembly each year on
20the progress of each department and agency.
21    When a goal of 10% of the positions in a department or
22agency being available on a flexible hours basis has been
23reached, the Department shall evaluate the effectiveness and
24efficiency of the program and determine whether to expand the
25number of positions available for flexible hours to 20%.
26    When a goal of 20% of the positions in a department or

 

 

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

 

 

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

 

 

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1(Source: P.A. 91-798, eff. 7-9-00.)
 
2    (20 ILCS 710/4)  (from Ch. 127, par. 3804)
3    Sec. 4. Operation. The Governor shall appoint a Director of
4the Commission on Volunteerism and Community Service who shall
5serve at the Governor's pleasure and who shall receive such
6compensation as is determined by the Governor. The Director
7shall employ such staff as is necessary to carry out the
8purpose of this Act. The Commission, working in cooperation
9with State agencies, individuals, local groups, and
10organizations throughout the State, may undertake programs and
11activities which further the purposes of this Act, including,
12but not limited to, the following:
13        (a) providing technical assistance to programs which
14    depend upon volunteers;
15        (b) initiating community service programs to meet
16    previously unmet needs in Illinois;
17        (c) promoting and coordinating efforts to expand and
18    improve the statewide community service network;
19        (d) recognizing outstanding community service
20    accomplishments;
21        (e) disseminating information to support community
22    service programs and to broaden community service
23    involvement throughout the State;
24        (f) implementing federally funded grant programs in
25    Illinois such as the National and Community Service Trust

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Section 25. The Governor's Office of Management and Budget
2Act is amended by changing Section 7.3 as follows:
 
3    (20 ILCS 3005/7.3)
4    Sec. 7.3. Annual economic and fiscal policy report. No
5later than the 3rd business day in By January 1 of each year,
6the Governor's Office of Management and Budget shall submit an
7economic and fiscal policy report to the General Assembly. The
8report must outline the long-term economic and fiscal policy
9objectives of the State, the economic and fiscal policy
10intentions for the upcoming fiscal year, and the economic and
11fiscal policy intentions for the following 2 fiscal years. The
12report must highlight the total level of revenue, expenditure,
13deficit or surplus, and debt with respect to each of the
14reporting categories. The report must be posted on the Office's
15Internet website and allow members of the public to post
16comments concerning the report.
17(Source: P.A. 96-1354, eff. 7-28-10.)
 
18    Section 30. The Capital Spending Accountability Law is
19amended by changing Section 805 as follows:
 
20    (20 ILCS 3020/805)
21    Sec. 805. Reports on capital spending. On the first day of
22each quarterly period in each fiscal year, the Governor's
23Office of Management and Budget shall provide to the

 

 

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

 

 

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1    State expenditures and proposed schedule of future State
2    expenditures relating to each project, all organized into
3    categories.
4        (6) A timeline for completion of each project,
5    including the dates, if applicable, of execution by the
6    State of any grant agreement, any required engineering or
7    design work or environmental approvals, and the estimated
8    or actual dates of the start and completion of
9    construction, all organized into categories. Any
10    substantial variances on any project from this reported
11    timeline must be explained in the next quarterly report.
12        (7) A summary report of the status of all projects,
13    including the amount of undisbursed funds intended to be
14    held or used in the next quarter.
15(Source: P.A. 96-34, eff. 7-13-09.)
 
16    (30 ILCS 105/5.250 rep.)
17    Section 35. The State Finance Act is amended by repealing
18Section 5.250.
 
19    Section 40. The Property Tax Code is amended by changing
20Sections 8-35, 17-20, and 17-40 as follows:
 
21    (35 ILCS 200/8-35)
22    Sec. 8-35. Notification requirements; procedure on
23protest.

 

 

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

 

 

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1    (b) Exemption decisions made by the Department. Notice of
2each exemption decision made by the Department under Section
315-25, 16-70, or 16-130 shall be given by certified mail to the
4applicant for exemption.
5    If an exemption decision has been made by the Department
6and notice has been given of the Department's decision, any
7party to the proceeding who feels aggrieved by the decision may
8file an application for hearing. The application shall be in
9writing and shall be filed with the Department within 60 days
10after notice of the decision has been given by certified mail.
11Petitions for hearing shall state concisely the mistakes
12alleged to have been made or the new evidence to be presented.
13    If a petition for hearing is filed, the Department shall
14reconsider the exemption decision and shall grant any party to
15the proceeding a hearing. As soon as practical after the
16reconsideration and hearing, the Department shall issue a
17notice of decision by mailing the notice by certified mail. The
18notice shall set forth the Department's findings of fact and
19the basis of the decision.
20    Within 30 days after the mailing of a notice of decision,
21any party to the proceeding may file with the Director a
22written request for rehearing in such form as the Department
23may by rule prescribe, setting forth the grounds on which
24rehearing is requested. If rehearing or Departmental review is
25granted, as soon as practical after the rehearing or
26Departmental review has been held, the Department shall issue a

 

 

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

 

 

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

 

 

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1provide the statement to any member of the public upon request.
2(Source: P.A. 79-703; 88-455.)
 
3    Section 45. The Adult Education Reporting Act is amended by
4changing Section 1 as follows:
 
5    (105 ILCS 410/1)  (from Ch. 122, par. 1851)
6    Sec. 1. As used in this Act, "agency" means: the
7Departments of Corrections, Public Aid, Commerce and Economic
8Opportunity, Human Services, and Public Health; the Secretary
9of State; the Illinois Community College Board; and the
10Administrative Office of the Illinois Courts. On and after July
111, 2001, "agency" includes the State Board of Education and
12does not include the Illinois Community College Board.
13(Source: P.A. 94-793, eff. 5-19-06.)
 
14    Section 50. The Public Community College Act is amended by
15changing Section 2-10 as follows:
 
16    (110 ILCS 805/2-10)  (from Ch. 122, par. 102-10)
17    Sec. 2-10. The State Board shall make a thorough,
18comprehensive and continuous study of the status of community
19college education, its problems, needs for improvement, and
20projected developments and shall make a detailed report thereof
21to the General Assembly not later than March 1 of each
22odd-numbered year and shall submit recommendations for such

 

 

09800SB3443ham003- 27 -LRB098 15945 OMW 60221 a

1legislation as it deems necessary.
2    The requirement for reporting to the General Assembly shall
3be satisfied by electronically filing copies of the report with
4the Speaker, the Minority Leader and the Clerk of the House of
5Representatives and the President, the Minority Leader and the
6Secretary of the Senate and the Legislative Research Unit, as
7required by Section 3.1 of "An Act to revise the law in
8relation to the General Assembly", approved February 25, 1874,
9as amended, and electronically filing such additional copies
10with the State Government Report Distribution Center for the
11General Assembly as is required under paragraph (t) of Section
127 of the State Library Act. A copy of the report shall also be
13posted on the State Board's website.
14(Source: P.A. 84-1438.)
 
15    (215 ILCS 5/178 rep.)
16    Section 55. The Illinois Insurance Code is amended by
17repealing Section 178.
 
18    (215 ILCS 5/Art. XVI rep.)
19    (215 ILCS 5/Art. XIXB rep.)
20    Section 60. The Illinois Insurance Code is amended by
21repealing Articles XVI and XIXB.
 
22    (225 ILCS 120/24 rep.)
23    Section 65. The Wholesale Drug Distribution Licensing Act

 

 

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1is amended by repealing Section 24.
 
2    Section 70. The Solid Waste Site Operator Certification Law
3is amended by changing Section 1011 as follows:
 
4    (225 ILCS 230/1011)  (from Ch. 111, par. 7861)
5    Sec. 1011. Fees.
6    (a) Fees for the issuance or renewal of a Solid Waste Site
7Operator Certificate shall be as follows:
8        (1)(A) $400 for issuance or renewal for Class A Solid
9    Waste Site Operators; (B) $200 for issuance or renewal for
10    Class B Solid Waste Site Operators; and (C) $100 for
11    issuance or renewal for special waste endorsements.
12        (2) If the fee for renewal is not paid within the grace
13    period the above fees for renewal shall each be increased
14    by $50.
15    (b) Before the effective date of this amendatory Act of the
1698th General Assembly, all All fees collected by the Agency
17under this Section shall be deposited into the Hazardous Waste
18Occupational Licensing Fund. The Agency is authorized to use
19monies in the Hazardous Waste Occupational Licensing Fund to
20perform its functions, powers, and duties under this Section.
21    On and after the effective date of this amendatory Act of
22the 98th General Assembly, all fees collected by the Agency
23under this Section shall be deposited into the Environmental
24Protection Permit and Inspection Fund to be used in accordance

 

 

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1with the provisions of Section 22.8 of the Environmental
2Protection Act.
3(Source: P.A. 86-1363.)
 
4    Section 75. The Illinois Athlete Agents Act is amended by
5changing Section 180 as follows:
 
6    (225 ILCS 401/180)
7    Sec. 180. Civil penalties.
8    (a) In addition to any other penalty provided by law, any
9person who violates this Act shall forfeit and pay a civil
10penalty to the Department in an amount not to exceed $10,000
11for each violation as determined by the Department. The civil
12penalty shall be assessed by the Department in accordance with
13the provisions of this Act.
14    (b) The Department has the authority and power to
15investigate any and all unlicensed activity.
16    (c) The civil penalty shall be paid within 60 days after
17the effective date of the order imposing the civil penalty. The
18order shall constitute a judgment and may be filed and
19execution had thereon in the same manner as any judgment from
20any court of record.
21    (d) All moneys collected under this Section shall be
22deposited into the General Professions Dedicated Fund.
23(Source: P.A. 96-1030, eff. 1-1-11.)
 

 

 

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1    Section 80. The Illinois Horse Racing Act of 1975 is
2amended by changing Section 30 as follows:
 
3    (230 ILCS 5/30)  (from Ch. 8, par. 37-30)
4    Sec. 30. (a) The General Assembly declares that it is the
5policy of this State to encourage the breeding of thoroughbred
6horses in this State and the ownership of such horses by
7residents of this State in order to provide for: sufficient
8numbers of high quality thoroughbred horses to participate in
9thoroughbred racing meetings in this State, and to establish
10and preserve the agricultural and commercial benefits of such
11breeding and racing industries to the State of Illinois. It is
12the intent of the General Assembly to further this policy by
13the provisions of this Act.
14    (b) Each organization licensee conducting a thoroughbred
15racing meeting pursuant to this Act shall provide at least two
16races each day limited to Illinois conceived and foaled horses
17or Illinois foaled horses or both. A minimum of 6 races shall
18be conducted each week limited to Illinois conceived and foaled
19or Illinois foaled horses or both. No horses shall be permitted
20to start in such races unless duly registered under the rules
21of the Department of Agriculture.
22    (c) Conditions of races under subsection (b) shall be
23commensurate with past performance, quality, and class of
24Illinois conceived and foaled and Illinois foaled horses
25available. If, however, sufficient competition cannot be had

 

 

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1among horses of that class on any day, the races may, with
2consent of the Board, be eliminated for that day and substitute
3races provided.
4    (d) There is hereby created a special fund of the State
5Treasury to be known as the Illinois Thoroughbred Breeders
6Fund.
7    Except as provided in subsection (g) of Section 27 of this
8Act, 8.5% of all the monies received by the State as privilege
9taxes on Thoroughbred racing meetings shall be paid into the
10Illinois Thoroughbred Breeders Fund.
11    (e) The Illinois Thoroughbred Breeders Fund shall be
12administered by the Department of Agriculture with the advice
13and assistance of the Advisory Board created in subsection (f)
14of this Section.
15    (f) The Illinois Thoroughbred Breeders Fund Advisory Board
16shall consist of the Director of the Department of Agriculture,
17who shall serve as Chairman; a member of the Illinois Racing
18Board, designated by it; 2 representatives of the organization
19licensees conducting thoroughbred racing meetings, recommended
20by them; 2 representatives of the Illinois Thoroughbred
21Breeders and Owners Foundation, recommended by it; and 2
22representatives of the Horsemen's Benevolent Protective
23Association or any successor organization established in
24Illinois comprised of the largest number of owners and
25trainers, recommended by it, with one representative of the
26Horsemen's Benevolent and Protective Association to come from

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09800SB3443ham003- 37 -LRB098 15945 OMW 60221 a

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

 

 

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1        (1) 60% of such sum shall be paid to the breeder of the
2    horse which finishes in the official first position;
3        (2) 20% of such sum shall be paid to the breeder of the
4    horse which finishes in the official second position;
5        (3) 15% of such sum shall be paid to the breeder of the
6    horse which finishes in the official third position; and
7        (4) 5% of such sum shall be paid to the breeder of the
8    horse which finishes in the official fourth position.
9    Such payments shall not reduce any award to the owners of a
10horse or reduce the taxes payable under this Act. Upon
11completion of its racing meet, each organization licensee shall
12deliver to the organization representing thoroughbred breeders
13and owners whose representative serves on the Illinois
14Thoroughbred Breeders Fund Advisory Board a listing of all the
15Illinois foaled and the Illinois conceived and foaled horses
16which won breeders' awards and the amount of such breeders'
17awards in accordance with the provisions of this Act. Such
18payments shall be delivered by the organization licensee within
1930 days of the end of each race meeting.
20    (k) The term "breeder", as used herein, means the owner of
21the mare at the time the foal is dropped. An "Illinois foaled
22horse" is a foal dropped by a mare which enters this State on
23or before December 1, in the year in which the horse is bred,
24provided the mare remains continuously in this State until its
25foal is born. An "Illinois foaled horse" also means a foal born
26of a mare in the same year as the mare enters this State on or

 

 

09800SB3443ham003- 39 -LRB098 15945 OMW 60221 a

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

 

 

09800SB3443ham003- 40 -LRB098 15945 OMW 60221 a

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

 

 

09800SB3443ham003- 41 -LRB098 15945 OMW 60221 a

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

 

 

09800SB3443ham003- 42 -LRB098 15945 OMW 60221 a

1Director of the Racing Board, who shall serve as Chairman.
2(Source: P.A. 91-40, eff. 6-25-99.)
 
3    Section 85. The Liquor Control Act of 1934 is amended by
4changing Section 6-15 as follows:
 
5    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
6    Sec. 6-15. No alcoholic liquors shall be sold or delivered
7in any building belonging to or under the control of the State
8or any political subdivision thereof except as provided in this
9Act. The corporate authorities of any city, village,
10incorporated town, township, or county may provide by
11ordinance, however, that alcoholic liquor may be sold or
12delivered in any specifically designated building belonging to
13or under the control of the municipality, township, or county,
14or in any building located on land under the control of the
15municipality, township, or county; provided that such township
16or county complies with all applicable local ordinances in any
17incorporated area of the township or county. Alcoholic liquor
18may be delivered to and sold under the authority of a special
19use permit on any property owned by a conservation district
20organized under the Conservation District Act, provided that
21(i) the alcoholic liquor is sold only at an event authorized by
22the governing board of the conservation district, (ii) the
23issuance of the special use permit is authorized by the local
24liquor control commissioner of the territory in which the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Illinois for events that the Board may determine are public
2events and not related student activities. The Board of
3Trustees shall issue a written policy within 6 months of the
4effective date of this amendatory Act of the 95th General
5Assembly concerning the types of events that would be eligible
6for an exemption. Thereafter, the Board of Trustees may issue
7revised, updated, new, or amended policies as it deems
8necessary and appropriate. In preparing its written policy, the
9Board of Trustees shall, among other factors it considers
10relevant and important, give consideration to the following:
11(i) whether the event is a student activity or student related
12activity; (ii) whether the physical setting of the event is
13conducive to control of liquor sales and distribution; (iii)
14the ability of the event operator to ensure that the sale or
15serving of alcoholic liquors and the demeanor of the
16participants are in accordance with State law and University
17policies; (iv) regarding the anticipated attendees at the
18event, the relative proportion of individuals under the age of
1921 to individuals age 21 or older; (v) the ability of the venue
20operator to prevent the sale or distribution of alcoholic
21liquors to individuals under the age of 21; (vi) whether the
22event prohibits participants from removing alcoholic beverages
23from the venue; and (vii) whether the event prohibits
24participants from providing their own alcoholic liquors to the
25venue. In addition, any policy submitted by the Board of
26Trustees to the Illinois Liquor Control Commission must require

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1prohibit or substantially impair the sale of alcoholic liquors
2on Sundays or Holidays.
3    Alcoholic liquors may be provided in long term care
4facilities owned or operated by a county under Division 5-21 or
55-22 of the Counties Code, when approved by the facility
6operator and not in conflict with the regulations of the
7Illinois Department of Public Health, to residents of the
8facility who have had their consumption of the alcoholic
9liquors provided approved in writing by a physician licensed to
10practice medicine in all its branches.
11    Alcoholic liquors may be delivered to and dispensed in
12State housing assigned to employees of the Department of
13Corrections. No person shall furnish or allow to be furnished
14any alcoholic liquors to any prisoner confined in any jail,
15reformatory, prison or house of correction except upon a
16physician's prescription for medicinal purposes.
17    Alcoholic liquors may be sold at retail or dispensed at the
18Willard Ice Building in Springfield, at the State Library in
19Springfield, and at Illinois State Museum facilities by (1) an
20agency of the State, whether legislative, judicial or
21executive, provided that such agency first obtains written
22permission to sell or dispense alcoholic liquors from the
23controlling government authority, or by (2) a not-for-profit
24organization, provided that such organization:
25        a. Obtains written consent from the controlling
26    government authority;

 

 

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1        b. Sells or dispenses the alcoholic liquors in a manner
2    that does not impair normal operations of State offices
3    located in the building;
4        c. Sells or dispenses alcoholic liquors only in
5    connection with an official activity in the 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    Nothing in this Act shall prevent a not-for-profit
13organization or agency of the State from employing the services
14of a catering establishment for the selling or dispensing of
15alcoholic liquors at authorized functions.
16    The controlling government authority for the Willard Ice
17Building in Springfield shall be the Director of the Department
18of Revenue. The controlling government authority for Illinois
19State Museum facilities shall be the Director of the Illinois
20State Museum. The controlling government authority for the
21State Library in Springfield shall be the Secretary of State.
22    Alcoholic liquors may be delivered to and sold at retail or
23dispensed at any facility, property or building under the
24jurisdiction of the Historic Sites and Preservation Division of
25the Historic Preservation Agency or the Abraham Lincoln
26Presidential Library and Museum where the delivery, sale or

 

 

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

 

 

09800SB3443ham003- 61 -LRB098 15945 OMW 60221 a

1Museum.
2    Alcoholic liquors may be delivered to and sold at retail or
3dispensed for consumption at the Michael Bilandic Building at
4160 North LaSalle Street, Chicago IL 60601, after the normal
5business hours of any day care or child care facility located
6in the building, by (1) a commercial tenant or subtenant
7conducting business on the premises under a lease made pursuant
8to Section 405-315 of the Department of Central Management
9Services Law (20 ILCS 405/405-315), provided that such tenant
10or subtenant who accepts delivery of, sells, or dispenses
11alcoholic liquors shall procure and maintain dram shop
12liability insurance in maximum coverage limits and in which the
13carrier agrees to defend, indemnify, and save harmless the
14State of Illinois from all financial loss, damage, or harm
15arising out of the delivery, sale, or dispensing of alcoholic
16liquors, or by (2) an agency of the State, whether legislative,
17judicial, or executive, provided that such agency first obtains
18written permission to accept delivery of and sell or dispense
19alcoholic liquors from the Director of Central Management
20Services, or by (3) a not-for-profit organization, provided
21that such organization:
22        a. obtains written consent from the Department of
23    Central Management Services;
24        b. accepts delivery of and sells or dispenses the
25    alcoholic liquors in a manner that does not impair normal
26    operations of State offices located in the building;

 

 

09800SB3443ham003- 62 -LRB098 15945 OMW 60221 a

1        c. accepts delivery of and sells or dispenses alcoholic
2    liquors only in connection with an official activity in the
3    building; and
4        d. provides, or its catering service provides, dram
5    shop liability insurance in maximum coverage limits and in
6    which the carrier agrees to defend, save harmless, and
7    indemnify the State of Illinois from all financial loss,
8    damage, or harm arising out of the selling or dispensing of
9    alcoholic liquors.
10    Nothing in this Act shall prevent a not-for-profit
11organization or agency of the State from employing the services
12of a catering establishment for the selling or dispensing of
13alcoholic liquors at functions authorized by the Director of
14Central Management Services.
15    Alcoholic liquors may be sold at retail or dispensed at the
16James R. Thompson Center in Chicago, subject to the provisions
17of Section 7.4 of the State Property Control Act, and 222 South
18College Street in Springfield, Illinois by (1) a commercial
19tenant or subtenant conducting business on the premises under a
20lease or sublease made pursuant to Section 405-315 of the
21Department of Central Management Services Law (20 ILCS
22405/405-315), provided that such tenant or subtenant who sells
23or dispenses alcoholic liquors shall procure and maintain dram
24shop liability insurance in maximum coverage limits and in
25which the carrier agrees to defend, indemnify and save harmless
26the State of Illinois from all financial loss, damage or harm

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Protection District, the Village of Apple River, and the Apple
2River Community Association from all financial loss, damage,
3and harm.
4    Alcoholic liquors may be delivered to and sold at the Sikia
5Restaurant, Kennedy King College Campus, located at 740 West
663rd Street, Chicago, and at the Food Services in the Great
7Hall/Washburne Culinary Institute Department facility, Kennedy
8King College Campus, located at 740 West 63rd Street, Chicago,
9owned by or under the control of City Colleges of Chicago,
10Illinois Community College District No. 508.
11(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,
12eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;
1397-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff.
143-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised
159-24-13.)
 
16    (320 ILCS 65/20 rep.)
17    Section 90. The Family Caregiver Act is amended by
18repealing Section 20.
 
19    (410 ILCS 3/10 rep.)
20    Section 95. The Atherosclerosis Prevention Act is amended
21by repealing Section 10.
 
22    (410 ILCS 425/Act rep.)
23    Section 100. The High Blood Pressure Control Act is

 

 

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1repealed.
 
2    Section 105. The Environmental Protection Act is amended by
3changing Section 22.8 as follows:
 
4    (415 ILCS 5/22.8)  (from Ch. 111 1/2, par. 1022.8)
5    Sec. 22.8. Environmental Protection Permit and Inspection
6Fund.
7    (a) There is hereby created in the State Treasury a special
8fund to be known as the Environmental Protection Permit and
9Inspection Fund. All fees collected by the Agency pursuant to
10this Section, Section 9.6, 12.2, 16.1, 22.2 (j)(6)(E)(v)(IV),
1156.4, 56.5, 56.6, and subsection (f) of Section 5 of this Act,
12or pursuant to Section 22 of the Public Water Supply Operations
13Act or Section 1011 of the Solid Waste Site Operator
14Certification Law, as well as and funds collected under
15subsection (b.5) of Section 42 of this Act, shall be deposited
16into the Fund. In addition to any monies appropriated from the
17General Revenue Fund, monies in the Fund shall be appropriated
18by the General Assembly to the Agency in amounts deemed
19necessary for manifest, permit, and inspection activities and
20for performing its functions, powers, and duties under the
21Solid Waste Site Operator Certification Law processing
22requests under Section 22.2 (j)(6)(E)(v)(IV).
23    The General Assembly may appropriate monies in the Fund
24deemed necessary for Board regulatory and adjudicatory

 

 

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

 

 

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

 

 

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

 

 

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1    regulations are reasonably expected to remain after
2    closure;
3        (3) a land treatment facility receiving hazardous
4    waste; or
5        (4) a well injecting hazardous waste.
6    (g) The Agency shall assess a fee for each manifest
7provided by the Agency. For manifests provided on or after
8January 1, 1989 but before July 1, 2003, the fee shall be $1
9per manifest. For manifests provided on or after July 1, 2003,
10the fee shall be $3 per manifest.
11(Source: P.A. 98-78, eff. 7-15-13.)
 
12    Section 110. The Illinois Pesticide Act is amended by
13changing Sections 19.3 and 22.2 as follows:
 
14    (415 ILCS 60/19.3)
15    Sec. 19.3. Agrichemical Facility Response Action Program.
16    (a) It is the policy of the State of Illinois that an
17Agrichemical Facility Response Action Program be implemented
18to reduce potential agrichemical pollution and minimize
19environmental degradation risk potential at these sites. In
20this Section, "agrichemical facility" means a site where
21agrichemicals are stored or handled, or both, in preparation
22for end use. "Agrichemical facility" does not include basic
23manufacturing or central distribution sites utilized only for
24wholesale purposes. As used in this Section, "agrichemical"

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09800SB3443ham003- 81 -LRB098 15945 OMW 60221 a

1or operator of the facility.
2    (h) Except as otherwise provided by Department rule, on and
3after the effective date of this amendatory Act of the 98th
4General Assembly, any Agrichemical Facility Response Action
5Program requirement that may be satisfied by an industrial
6hygienist licensed pursuant to the Industrial Hygienists
7Licensure Act repealed in this amendatory Act may be satisfied
8by a Certified Industrial Hygienist certified by the American
9Board of Industrial Hygiene.
10(Source: P.A. 98-78, eff. 7-15-13.)
 
11    (415 ILCS 60/22.2)  (from Ch. 5, par. 822.2)
12    Sec. 22.2. (a) There is hereby created a trust fund in the
13State Treasury to be known as the Agrichemical Incident
14Response Trust Fund. Any funds received by the Director of
15Agriculture from the mandates of Section 13.1 shall be
16deposited with the Treasurer as ex-officio custodian and held
17separate and apart from any public money of this State, with
18accruing interest on the trust funds deposited into the trust
19fund. Disbursement from the fund for purposes as set forth in
20this Section shall be by voucher ordered by the Director and
21paid by a warrant drawn by the State Comptroller and
22countersigned by the State Treasurer. The Director shall order
23disbursements from the Agrichemical Incident Response Trust
24Fund only for payment of the expenses authorized by this Act.
25Monies in this trust fund shall not be subject to appropriation

 

 

09800SB3443ham003- 82 -LRB098 15945 OMW 60221 a

1by the General Assembly but shall be subject to audit by the
2Auditor General. Should the program be terminated, all
3unobligated funds in the trust fund shall be transferred to a
4trust fund to be used for purposes as originally intended or be
5transferred to the Pesticide Control Fund. Interest earned on
6the Fund shall be deposited in the Fund. Monies in the Fund may
7be used by the Department of Agriculture for the following
8purposes:
9        (1) for payment of costs of response action incurred by
10    owners or operators of agrichemical facilities as provided
11    in Section 22.3 of this Act;
12        (2) for the Department to take emergency action in
13    response to a release of agricultural pesticides from an
14    agrichemical facility that has created an imminent threat
15    to public health or the environment;
16        (3) for the costs of administering its activities
17    relative to the Fund as delineated in subsections (b) and
18    (c) of this Section; and
19        (4) for the Department to:
20            (A) (blank); and reimburse members of the
21        Agrichemical Facility Response Action Program Board
22        for their expenses incurred in performing their duties
23        as defined under Section 19.3 of this Act; and
24            (B) administer provide staff to support the
25        activities of the Agrichemical Facility Response
26        Action Program Board.

 

 

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1        The total annual expenditures from the Fund for these
2    purposes under this paragraph (4) shall not be more than
3    $120,000, and no expenditure from the Fund for these
4    purposes shall be made when the Fund balance becomes less
5    than $750,000.
6    (b) The action undertaken shall be such as may be necessary
7or appropriate to protect human health or the environment.
8    (c) The Director of Agriculture is authorized to enter into
9contracts and agreements as may be necessary to carry out the
10Department's duties under this Section.
11    (d) Neither the State, the Director, nor any State employee
12shall be liable for any damages or injury arising out of or
13resulting from any action taken under this Section.
14    (e) (Blank). On a quarterly basis, the Department shall
15advise and consult with the Agrichemical Facility Response
16Action Program Board as to the Department's administration of
17the Fund.
18(Source: P.A. 89-94, eff. 7-6-95.)
 
19    Section 115. The Hazardous Material Emergency Response
20Reimbursement Act is amended by changing Sections 3, 4, and 5
21as follows:
 
22    (430 ILCS 55/3)  (from Ch. 127 1/2, par. 1003)
23    Sec. 3. Definitions. As used in this Act:
24    (a) "Emergency action" means any action taken at or near

 

 

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

 

 

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

 

 

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

 

 

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1    are not in a terminal and which are not included on the
2    property tax roles for the jurisdiction where the incident
3    occurred.
4    (c) Application for reimbursement from the Fund shall be
5made to the State Fire Marshal or his designee. The State Fire
6Marshal shall, through rulemaking, promulgate a standard form
7for such application. The State Fire Marshal shall adopt rules
8for the administration of this Act.
9    (d) Claims against the Fund shall be reviewed by the
10Illinois Fire Advisory Commission at its normally scheduled
11meetings, as the claims are received. The Commission shall be
12responsible for:
13        (1) reviewing claims made against the Fund and
14    determining reasonable and necessary expenses to be
15    reimbursed for an emergency response agency:
16        (2) affirming that the emergency response agency has
17    made a reasonable effort to recover expended costs from
18    involved parties; and
19        (3) advising the State Fire Marshal as to those claims
20    against the Fund which merit reimbursement.
21    (e) The State Fire Marshal shall either accept or reject
22the Commission's recommendations as to a claim's eligibility.
23The eligibility decision of the State Fire Marshal shall be a
24final administrative decision, and may be reviewed as provided
25under the Administrative Review Law.
26(Source: P.A. 93-989, eff. 1-1-05.)
 

 

 

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1    (430 ILCS 55/7 rep.)
2    Section 120. The Hazardous Material Emergency Response
3Reimbursement Act is amended by repealing Section 7.
 
4    (510 ILCS 15/1 rep.)
5    Section 125. The Animal Gastroenteritis Act is amended by
6repealing Section 1.
 
7    Section 135. The Illinois Pseudorabies Control Act is
8amended by changing Section 5.1 as follows:
 
9    (510 ILCS 90/5.1)  (from Ch. 8, par. 805.1)
10    Sec. 5.1. Pseudorabies Advisory Committee. Upon the
11detection of pseudorabies within the State, the The Director of
12Agriculture is authorized to establish within the Department an
13advisory committee to be known as the Pseudorabies Advisory
14Committee. The Committee Such committee shall consist of, but
15not be limited to, representatives of swine producers, general
16swine organizations within the State, licensed veterinarians,
17general farm organizations, auction markets, the packing
18industry and the University of Illinois. Members of the
19Committee shall only be appointed and meet during the timeframe
20of the detection. The Director shall, from time to time,
21consult with the Pseudorabies Advisory Committee on changes in
22the pseudorabies control program.

 

 

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1    The Director shall appoint a Technical Committee from the
2membership of the Pseudorabies Advisory Committee, which shall
3be comprised of a veterinarian, a swine extension specialist,
4and a pork producer. This committee shall serve as resource
5persons for the technical aspects of the herd plans and may
6advise the Department on procedures to be followed, timetables
7for accomplishing the elimination of infection, assist in
8obtaining cooperation from swine herd owners, and recommend
9adjustments in the approved herd plan as necessary.
10    These Committee members shall be entitled to reimbursement
11of all necessary and actual expenses incurred in the
12performance of their duties.
13(Source: P.A. 89-154, eff. 7-19-95.)
 
14    (525 ILCS 25/10 rep.)
15    Section 140. The Illinois Lake Management Program Act is
16amended by repealing Section 10.
 
17    (815 ILCS 325/6 rep.)
18    Section 145. The Recyclable Metal Purchase Registration
19Law is amended by repealing Section 6.
 
20    Section 995. Illinois Compiled Statutes reassignment.
21    The Legislative Reference Bureau shall reassign the
22following Act to the specified location in the Illinois
23Compiled Statutes and file appropriate documents with the Index

 

 

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1Division of the Office of the Secretary of State in accordance
2with subsection (c) of Section 5.04 of the Legislative
3Reference Bureau Act:
4        Illinois Commission on Volunteerism and Community
5    Service Act, reassigned from 20 ILCS 710/ to 20 ILCS 2330/.
 
6    Section 999. Effective date. This Act takes effect upon
7becoming law, except that Section 35 takes effect on January 1,
82015.".