Rep. William Davis

Filed: 5/29/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3443

2    AMENDMENT NO. ______. Amend Senate Bill 3443, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Governmental Ethics Act is amended
6by changing Section 3A-40 as follows:
 
7    (5 ILCS 420/3A-40)
8    Sec. 3A-40. Appointees with expired terms; temporary and
9acting appointees.
10    (a) A person who is nominated by the Governor on or after
11August 26, 2011 (the effective date of Public Act 97-582) for
12any affected office to which appointment requires the advice
13and consent of the Senate, who is appointed pursuant to that
14advice and consent, and whose term of office expires on or
15after August 26, 2011 shall not continue in office longer than
1660 calendar days after the expiration of that term of office.

 

 

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

 

 

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1    (b) A person who is appointed by the Governor on or after
2August 26, 2011 (the effective date of Public Act 97-582) to
3serve as a temporary appointee during a recess of the Senate,
4pursuant to Article V, Section 9(b) of the Illinois
5Constitution or any other applicable statute, to any office to
6which appointment requires the advice and consent of the Senate
7shall not continue in office after the next meeting of the
8Senate unless the Governor has filed a message with the
9Secretary of the Senate nominating that person to fill that
10office on or before that meeting date. After that meeting date,
11each such office is considered vacant and shall be filled only
12pursuant to the law applicable to making appointments to that
13office, subject to the provisions of this Section. Any
14temporary appointment made pursuant to subsection (b) of
15Section 9 of Article V of the Illinois Constitution or any
16applicable statute shall be filed with the Secretary of State
17and the Secretary of the Senate. The form of the temporary
18appointment message shall be established by the Senate under
19its rules.
20    A person who has been appointed by the Governor before
21August 26, 2011 (the effective date of Public Act 97-582) to
22serve as a temporary appointee, pursuant to Article V, Section
239(b) of the Illinois Constitution or any other applicable
24statute, to any office to which appointment requires the advice
25and consent of the Senate shall not continue in office after
26August 26, 2011 or the next meeting of the Senate after August

 

 

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126, 2011, as applicable, unless the Governor has filed a
2message with the Secretary of the Senate nominating that person
3to fill that office on or before the next meeting of the Senate
4after that temporary appointment was made. After that effective
5date or meeting date, as applicable, each such office is
6considered vacant and shall be filled only pursuant to the law
7applicable to making appointments to that office, subject to
8the provisions of this Section.
9    For the purposes of this subsection (b), a meeting of the
10Senate does not include a perfunctory session day as designated
11by the Senate under its rules. For the purposes of this
12subsection (b), the Senate is in recess on a day in which it is
13not in session and does not include a perfunctory session day
14as designated by the Senate under its rules.
15    (c) A person who is designated by the Governor on or after
16August 26, 2011 (the effective date of Public Act 97-582) to
17serve as an acting appointee to any office to which appointment
18requires the advice and consent of the Senate shall not
19continue in office more than 60 calendar days unless the
20Governor files a message with the Secretary of the Senate
21nominating that person to fill that office within that 60 days.
22After that 60 days, each such office is considered vacant and
23shall be filled only pursuant to the law applicable to making
24appointments to that office, subject to the provisions of this
25Section. The Governor shall file with the Secretary of the
26Senate the name of any person who the Governor designates as an

 

 

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1acting appointee under this Section. The form of the message
2designating an appointee as acting shall be established by the
3Senate under its rules. No person who has been designated by
4the Governor to serve as an acting appointee to any office to
5which appointment requires the advice and consent of the Senate
6shall, except at the Senate's request, be designated again as
7an acting appointee for that office at the same session of that
8Senate, subject to the provisions of this Section.
9    A person who has been designated by the Governor before
10August 26, 2011 (the effective date of Public Act 97-582) to
11serve as an acting appointee to any office to which appointment
12requires the advice and consent of the Senate shall not
13continue in office longer than 60 calendar days after August
1426, 2011 unless the Governor has filed a message with the
15Secretary of the Senate nominating that person to fill that
16office on or before that 60 days. After that 60 days, each such
17office is considered vacant and shall be filled only pursuant
18to the law applicable to making appointments to that office,
19subject to the provisions of this Section. No person who has
20been designated by the Governor to serve as an acting appointee
21to any office to which appointment requires the advice and
22consent of the Senate shall, except at the Senate's request, be
23designated again as an acting appointee for that office at the
24same session of that Senate, subject to the provisions of this
25Section.
26    During the term of a General Assembly, the Governor may not

 

 

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1designate a person to serve as an acting appointee to any
2office to which appointment requires the advice and consent of
3the Senate if that person's nomination to serve as the
4appointee for the same office was rejected by the Senate of the
5same General Assembly.
6    For the purposes of this subsection (c), "acting appointee"
7means a person designated by the Governor to serve as an acting
8director or acting secretary pursuant to Section 5-605 of the
9Civil Administrative Code of Illinois. "Acting appointee" also
10means a person designated by the Governor pursuant to any other
11statute to serve as an acting holder of any office, to execute
12the duties and functions of any office, or both.
13    (d) The provisions of this Section apply notwithstanding
14any law to the contrary. However, the provisions of this
15Section do not apply to appointments made under Article 1A of
16the Election Code or to the appointment of any person to serve
17as Director of the Illinois Power Agency.
18(Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12.)
 
19    Section 10. The Personnel Code is amended by changing
20Section 9 as follows:
 
21    (20 ILCS 415/9)  (from Ch. 127, par. 63b109)
22    Sec. 9. Director, powers and duties. The Director, as
23executive head of the Department, shall direct and supervise
24all its administrative and technical activities. In addition to

 

 

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1the duties imposed upon him elsewhere in this law, it shall be
2his duty:
3    (1) To apply and carry out this law and the rules adopted
4thereunder.
5    (2) To attend meetings of the Commission.
6    (3) To establish and maintain a roster of all employees
7subject to this Act, in which there shall be set forth, as to
8each employee, the class, title, pay, status, and other
9pertinent data.
10    (4) To appoint, subject to the provisions of this Act, such
11employees of the Department and such experts and special
12assistants as may be necessary to carry out effectively this
13law.
14    (5) Subject to such exemptions or modifications as may be
15necessary to assure the continuity of federal contributions in
16those agencies supported in whole or in part by federal funds,
17to make appointments to vacancies; to approve all written
18charges seeking discharge, demotion, or other disciplinary
19measures provided in this Act and to approve transfers of
20employees from one geographical area to another in the State,
21in offices, positions or places of employment covered by this
22Act, after consultation with the operating unit.
23    (6) To formulate and administer service wide policies and
24programs for the improvement of employee effectiveness,
25including training, safety, health, incentive recognition,
26counseling, welfare and employee relations. The Department

 

 

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1shall formulate and administer recruitment plans and testing of
2potential employees for agencies having direct contact with
3significant numbers of non-English speaking or otherwise
4culturally distinct persons. The Department shall require each
5State agency to annually assess the need for employees with
6appropriate bilingual capabilities to serve the significant
7numbers of non-English speaking or culturally distinct
8persons. The Department shall develop a uniform procedure for
9assessing an agency's need for employees with appropriate
10bilingual capabilities. Agencies shall establish occupational
11titles or designate positions as "bilingual option" for persons
12having sufficient linguistic ability or cultural knowledge to
13be able to render effective service to such persons. The
14Department shall ensure that any such option is exercised
15according to the agency's needs assessment and the requirements
16of this Code. The Department shall make annual reports of the
17needs assessment of each agency and the number of positions
18calling for non-English linguistic ability to whom vacancy
19postings were sent, and the number filled by each agency. Such
20policies and programs shall be subject to approval by the
21Governor. Such policies, program reports and needs assessment
22reports shall be filed with the General Assembly by January 1
23of each year and shall be available to the public.
24    The Department shall include within the report required
25above the number of persons receiving the bilingual pay
26supplement established by Section 8a.2 of this Code. The report

 

 

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1shall provide the number of persons receiving the bilingual pay
2supplement for languages other than English and for signing.
3The report shall also indicate the number of persons, by the
4categories of Hispanic and non-Hispanic, who are receiving the
5bilingual pay supplement for language skills other than
6signing, in a language other than English.
7    (7) To conduct negotiations affecting pay, hours of work,
8or other working conditions of employees subject to this Act.
9    (8) To make continuing studies to improve the efficiency of
10State services to the residents of Illinois, including but not
11limited to those who are non-English speaking or culturally
12distinct, and to report his findings and recommendations to the
13Commission and the Governor.
14    (9) To investigate from time to time the operation and
15effect of this law and the rules made thereunder and to report
16his findings and recommendations to the Commission and to the
17Governor.
18    (10) To make an annual report regarding the work of the
19Department, and such special reports as he may consider
20desirable, to the Commission and to the Governor, or as the
21Governor or Commission may request.
22    (11) (Blank). To conduct research and planning regarding
23the total manpower needs of all offices, including the
24Lieutenant Governor, Secretary of State, State Treasurer,
25State Comptroller, State Superintendent of Education, and
26Attorney General, and of all departments, agencies, boards, and

 

 

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1commissions of the executive branch, except state-supported
2colleges and universities, and for that purpose to prescribe
3forms for the reporting of such personnel information as the
4department may request both for positions covered by this Act
5and for those exempt in whole or in part.
6    (12) To prepare and publish a semi-annual statement showing
7the number of employees exempt and non-exempt from merit
8selection in each department. This report shall be in addition
9to other information on merit selection maintained for public
10information under existing law.
11    (13) To authorize in every department or agency subject to
12Jurisdiction C the use of flexible hours positions. A flexible
13hours position is one that does not require an ordinary work
14schedule as determined by the Department and includes but is
15not limited to: 1) a part time job of 20 hours or more per week,
162) a job which is shared by 2 employees or a compressed work
17week consisting of an ordinary number of working hours
18performed on fewer than the number of days ordinarily required
19to perform that job. The Department may define flexible time to
20include other types of jobs that are defined above.
21    The Director and the director of each department or agency
22shall together establish goals for flexible hours positions to
23be available in every department or agency.
24    The Department shall give technical assistance to
25departments and agencies in achieving their goals, and shall
26report to the Governor and the General Assembly each year on

 

 

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1the progress of each department and agency.
2    When a goal of 10% of the positions in a department or
3agency being available on a flexible hours basis has been
4reached, the Department shall evaluate the effectiveness and
5efficiency of the program and determine whether to expand the
6number of positions available for flexible hours to 20%.
7    When a goal of 20% of the positions in a department or
8agency being available on a flexible hours basis has been
9reached, the Department shall evaluate the effectiveness and
10efficiency of the program and determine whether to expand the
11number of positions available for flexible hours.
12    Each department shall develop a plan for implementation of
13flexible work requirements designed to reduce the need for day
14care of employees' children outside the home. Each department
15shall submit a report of its plan to the Department of Central
16Management Services and the General Assembly. This report shall
17be submitted biennially by March 1, with the first report due
18March 1, 1993.
19    (14) To perform any other lawful acts which he may consider
20necessary or desirable to carry out the purposes and provisions
21of this law.
22    The requirement for reporting to the General Assembly shall
23be satisfied by filing copies of the report with the Speaker,
24the Minority Leader and the Clerk of the House of
25Representatives and the President, the Minority Leader and the
26Secretary of the Senate and the Legislative Research Unit, as

 

 

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1required by Section 3.1 of "An Act to revise the law in
2relation to the General Assembly", approved February 25, 1874,
3as amended, and filing such additional copies with the State
4Government Report Distribution Center for the General Assembly
5as is required under paragraph (t) of Section 7 of the State
6Library Act.
7(Source: P.A. 86-1004; 87-552; 87-1050.)
 
8    (20 ILCS 605/605-345 rep.)
9    Section 15. The Department of Commerce and Economic
10Opportunity Law of the Civil Administrative Code of Illinois is
11amended by repealing Section 605-345.
 
12    Section 20. The Illinois Commission on Volunteerism and
13Community Service Act is amended by changing Sections 1, 2, 4,
145.1, 6.1, and 7 and by adding Sections 4.1 and 4.2 as follows:
 
15    (20 ILCS 710/1)  (from Ch. 127, par. 3801)
16    Sec. 1. Creation. There is created in the Department of
17Public Health Human Services the Illinois Commission on
18Volunteerism and Community Service.
19(Source: P.A. 91-798, eff. 7-9-00.)
 
20    (20 ILCS 710/2)  (from Ch. 127, par. 3802)
21    Sec. 2. Purpose. The purpose of the Illinois Commission on
22Volunteerism and Community Service is to promote and support

 

 

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1community service in public and private programs to meet the
2needs of Illinois residents citizens; to stimulate new
3volunteerism and community service initiatives and
4partnerships; and to serve as a resource and advocate among all
5State agencies within the Department of Human Services for
6community service agencies, volunteers, and programs which
7utilize federal, State, and private volunteers.
8(Source: P.A. 91-798, eff. 7-9-00.)
 
9    (20 ILCS 710/4)  (from Ch. 127, par. 3804)
10    Sec. 4. Operation. The Governor shall appoint a Director of
11the Commission on Volunteerism and Community Service who shall
12serve at the Governor's pleasure and who shall receive such
13compensation as is determined by the Governor. The Director
14shall employ such staff as is necessary to carry out the
15purpose of this Act. The Commission, working in cooperation
16with State agencies, individuals, local groups, and
17organizations throughout the State, may undertake programs and
18activities which further the purposes of this Act, including,
19but not limited to, the following:
20        (a) providing technical assistance to programs which
21    depend upon volunteers;
22        (b) initiating community service programs to meet
23    previously unmet needs in Illinois;
24        (c) promoting and coordinating efforts to expand and
25    improve the statewide community service network;

 

 

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1        (d) recognizing outstanding community service
2    accomplishments;
3        (e) disseminating information to support community
4    service programs and to broaden community service
5    involvement throughout the State;
6        (f) implementing federally funded grant programs in
7    Illinois such as the National and Community Service Trust
8    Act, as amended by the Serve America Act; .
9        (g) taking an active role in the State's emergency
10    management plan to coordinate volunteers for disaster
11    preparedness and response;
12        (h) promoting intergenerational initiatives and
13    efforts to promote inclusion among diverse populations;
14    and
15        (i) fostering an environment that promotes social
16    innovation throughout the State.
17    The Commission may receive and expend funds, grants and
18services from any source for purposes reasonable and necessary
19to carry out a coordinated plan of community service throughout
20the State.
21(Source: P.A. 91-798, eff. 7-9-00.)
 
22    (20 ILCS 710/4.1 new)
23    Sec. 4.1. Illinois Service Education Award Grant. The
24Commission may, subject to appropriation, award an Illinois
25Service Education Award Grant to recipients of a national

 

 

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1service educational award established under 42 U.S.C. 12602 and
2awarded by the Corporation for National Community Service. The
3grant must be awarded only as a partial matching grant. An
4individual who successfully completes a required term of
5full-time national service in an approved national service
6position in this State may apply to receive an Illinois Service
7Education Award Grant. The Commission shall adopt rules to
8govern the process for applying for the grant and for
9determining the amount of the grant and any other rules
10necessary to implement and administer this Section.
11    An Illinois Service Education Award Grant may be used for
12any of the following purposes:
13        (1) To repay student loans associated with attending an
14    Illinois institution of higher learning, as defined in the
15    Higher Education Student Assistance Act.
16        (2) To pay all or part of the cost of attendance at an
17    Illinois institution of higher learning, as defined in the
18    Higher Education Student Assistance Act.
19        (3) To pay expenses incurred in participating in an
20    approved Illinois school-to-work program.
21        (4) Any other purpose for which the national service
22    educational award may lawfully be used.
 
23    (20 ILCS 710/4.2 new)
24    Sec. 4.2. Receiving and expending funds. The Commission may
25receive and expend funds, grants, and services from any source

 

 

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1for purposes reasonable and necessary to carry out a
2coordinated plan of community service throughout the State.
 
3    (20 ILCS 710/5.1)
4    Sec. 5.1. Commission. The Commission is established to
5encourage community service and volunteer participation as a
6means of community and State problem-solving; to promote and
7support voluntary resident citizen involvement in government
8and private programs throughout the State; to develop a
9long-term, comprehensive vision and plan of action for national
10volunteerism and community service initiatives in Illinois;
11and to serve as the State's liaison to national and State
12organizations that support its mission.
13    The Commission shall consist of 15 to 25 bipartisan voting
14members and up to 15 bipartisan nonvoting members. At least 25%
15of the members must be from the City of Chicago.
16    The Governor shall appoint up to 25 voting members and up
17to 15 nonvoting members. Of those initial 25 voting members, 10
18shall serve for 3 years, 8 shall serve for 2 years, and 7 shall
19serve for one year. Voting members appointed by the Governor
20shall include at least one representative of the following: an
21expert in the education, training, and development needs of
22youth; an expert in philanthropy the chairman of the City
23Colleges of a municipality having a population of more than 2
24million; a representative of labor organizations; a
25representative of business; a representative of

 

 

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1community-based the human services department of a
2municipality with a population of more than 2 million;
3community based organizations; the State Superintendent of
4Education; the Superintendent of Police of a municipality
5having a population of more than 2 million; a youth between 16
6and 25 years old who is a participant or supervisor in a
7community service program; the President of a County Board of a
8county having a population of more than 3 million; an expert in
9older adult volunteerism; a representative of persons with
10disabilities the public health commissioner of a municipality
11having a population of more than 2 million; a representative of
12local government; and a representative of a national service
13program. A representative of the federal Corporation for
14National Service shall be appointed as a nonvoting member.
15    Appointing authorities shall ensure, to the maximum extent
16practicable, that the Commission is diverse with respect to
17race, ethnicity, age, gender, geography, and disability. Not
18more than 50% of the Commission appointed by the Governor may
19be from the same political party.
20    Subsequent voting members of the Commission shall serve
213-year terms. Commissioners must be allowed to serve until new
22commissioners are appointed in order to maintain the federally
23required number of commissioners.
24    Each nonvoting member shall serve at the pleasure of the
25Governor.
26    Members of the Commission may not serve more than 3

 

 

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1consecutive terms. Vacancies shall be filled in the same manner
2as the original appointments and any member so appointed shall
3serve during the remainder of the term for which the vacancy
4occurred. The members shall not receive any compensation but
5shall be reimbursed for necessary expenses incurred in the
6performance of their duties.
7(Source: P.A. 91-798, eff. 7-9-00.)
 
8    (20 ILCS 710/6.1)
9    Sec. 6.1. Functions of Commission. The Commission shall
10meet at least quarterly and shall advise and consult with the
11Department of Public Health and the Governor's Office Human
12Services and the Director on all matters relating to community
13service in Illinois. In addition, the Commission shall have the
14following duties:
15    (a) prepare a 3-year State national and community service
16plan, developed through an open, public process and updated
17annually;
18    (b) prepare the financial assistance applications of the
19State under the National and Community Service Trust Fund Act
20of 1993, as amended by the Serve America Act;
21    (c) assist in the preparation of the application by the
22State Board of Education for assistance under that Act;
23    (d) prepare the State's application under that Act for the
24approval of national service positions;
25    (e) assist in the provision of health care and child care

 

 

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1benefits under that Act;
2    (f) develop a State recruitment, placement, and
3information dissemination system for participants in programs
4that receive assistance under the national service laws;
5    (g) administer the State's grant program including
6selection, oversight, and evaluation of grant recipients;
7    (h) make technical assistance available to enable
8applicants to plan and implement service programs and to apply
9for assistance under the national service laws;
10    (i) develop projects, training methods, curriculum
11materials, and other activities related to service;
12    (j) coordinate its functions with any division of the
13federal Corporation for National and Community Service
14outlined in the National and Community Service Trust Fund Act
15of 1993, as amended by the Serve America Act.
16    (k) publicize Commission services and promote community
17involvement in the activities of the Commission;
18    (l) promote increased visibility and support for
19volunteers of all ages, especially youth and senior citizens,
20and community service in meeting the needs of Illinois
21residents citizens; and
22    (m) represent the Department of Public Health and the
23Governor's Office Human Services on such occasions and in such
24manner as the Department may provide.
25(Source: P.A. 91-798, eff. 7-9-00.)
 

 

 

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1    (20 ILCS 710/7)
2    Sec. 7. Program transfer. On the effective date of this
3amendatory Act of the 98th General Assembly this amendatory Act
4of the 91st General Assembly, the authority, powers, and duties
5in this Act of the Department of Human Services Commerce and
6Community Affairs (now Department of Commerce and Economic
7Opportunity) are transferred to the Department of Public Health
8Human Services.
9(Source: P.A. 94-793, eff. 5-19-06.)
 
10    Section 25. The Energy Conservation and Coal Development
11Act is amended by changing Section 3 as follows:
 
12    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
13    Sec. 3. Powers and Duties.
14    (a) In addition to its other powers, the Department has the
15following powers:
16        (1) To administer for the State any energy programs and
17    activities under federal law, regulations or guidelines,
18    and to coordinate such programs and activities with other
19    State agencies, units of local government, and educational
20    institutions.
21        (2) To represent the State in energy matters involving
22    the federal government, other states, units of local
23    government, and regional agencies.
24        (3) To prepare energy contingency plans for

 

 

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1    consideration by the Governor and the General Assembly.
2    Such plans shall include procedures for determining when a
3    foreseeable danger exists of energy shortages, including
4    shortages of petroleum, coal, nuclear power, natural gas,
5    and other forms of energy, and shall specify the actions to
6    be taken to minimize hardship and maintain the general
7    welfare during such energy shortages.
8        (4) To cooperate with State colleges and universities
9    and their governing boards in energy programs and
10    activities.
11        (5) (Blank).
12        (6) To accept, receive, expend, and administer,
13    including by contracts and grants to other State agencies,
14    any energy-related gifts, grants, cooperative agreement
15    funds, and other funds made available to the Department by
16    the federal government and other public and private
17    sources.
18        (7) To investigate practical problems, seek and
19    utilize financial assistance, implement studies and
20    conduct research relating to the production, distribution
21    and use of alcohol fuels.
22        (8) To serve as a clearinghouse for information on
23    alcohol production technology; provide assistance,
24    information and data relating to the production and use of
25    alcohol; develop informational packets and brochures, and
26    hold public seminars to encourage the development and

 

 

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1    utilization of the best available technology.
2        (9) To coordinate with other State agencies in order to
3    promote the maximum flow of information and to avoid
4    unnecessary overlapping of alcohol fuel programs. In order
5    to effectuate this goal, the Director of the Department or
6    his representative shall consult with the Directors, or
7    their representatives, of the Departments of Agriculture,
8    Central Management Services, Transportation, and Revenue,
9    the Office of the State Fire Marshal, and the Environmental
10    Protection Agency.
11        (10) To operate, within the Department, an Office of
12    Coal Development and Marketing for the promotion and
13    marketing of Illinois coal both domestically and
14    internationally. The Department may use monies
15    appropriated for this purpose for necessary administrative
16    expenses.
17        The Office of Coal Development and Marketing shall
18    develop and implement an initiative to assist the coal
19    industry in Illinois to increase its share of the
20    international coal market.
21        (11) To assist the Department of Central Management
22    Services in establishing and maintaining a system to
23    analyze and report energy consumption of facilities leased
24    by the Department of Central Management Services.
25        (12) To consult with the Departments of Natural
26    Resources and Transportation and the Illinois

 

 

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

 

 

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1    (20 ILCS 2310/2310-373 rep.)
2    (20 ILCS 2310/2310-396 rep.)
3    Section 30. The Department of Public Health Powers and
4Duties Law of the Civil Administrative Code of Illinois is
5amended by repealing Sections 2310-373 and 2310-396.
 
6    Section 35. The Governor's Office of Management and Budget
7Act is amended by changing Section 7.3 as follows:
 
8    (20 ILCS 3005/7.3)
9    Sec. 7.3. Annual economic and fiscal policy report. No
10later than the 3rd business day in By January 1 of each year,
11the Governor's Office of Management and Budget shall submit an
12economic and fiscal policy report to the General Assembly. The
13report must outline the long-term economic and fiscal policy
14objectives of the State, the economic and fiscal policy
15intentions for the upcoming fiscal year, and the economic and
16fiscal policy intentions for the following 2 fiscal years. The
17report must highlight the total level of revenue, expenditure,
18deficit or surplus, and debt with respect to each of the
19reporting categories. The report must be posted on the Office's
20Internet website and allow members of the public to post
21comments concerning the report.
22(Source: P.A. 96-1354, eff. 7-28-10.)
 

 

 

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1    Section 40. The Capital Spending Accountability Law is
2amended by changing Section 805 as follows:
 
3    (20 ILCS 3020/805)
4    Sec. 805. Reports on capital spending. On the first day of
5each quarterly period in each fiscal year, the Governor's
6Office of Management and Budget shall provide to the
7Comptroller, the Treasurer, the President and the Minority
8Leader of the Senate, and the Speaker and the Minority Leader
9of the House of Representatives a report on the status of all
10capital projects in the State. The report may must be provided
11in both written and electronic format. The report must include
12all of the following:
13        (1) A brief description or stated purpose of each
14    capital project where applicable (as referred to in this
15    Section, "project").
16        (2) The amount and source of funds (whether from bond
17    funds or other revenues) appropriated for each project,
18    organized into categories including roads, mass transit,
19    schools, environment, civic centers and other categories
20    as applicable (as referred to in this Section, "category or
21    categories"), with subtotals for each category.
22        (3) The date the appropriation bill relating to each
23    project was signed by the Governor, organized into
24    categories.
25        (4) The date the written release of the Governor for

 

 

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1    each project was submitted to the Comptroller or is
2    projected to be submitted and, if a release for any project
3    has not been submitted within 6 months after its
4    appropriation became law, an explanation why the project
5    has not yet been released, all organized into categories.
6        (5) The amount of expenditures to date by the State
7    relating to each project and estimated amount of total
8    State expenditures and proposed schedule of future State
9    expenditures relating to each project, all organized into
10    categories.
11        (6) A timeline for completion of each project,
12    including the dates, if applicable, of execution by the
13    State of any grant agreement, any required engineering or
14    design work or environmental approvals, and the estimated
15    or actual dates of the start and completion of
16    construction, all organized into categories. Any
17    substantial variances on any project from this reported
18    timeline must be explained in the next quarterly report.
19        (7) A summary report of the status of all projects,
20    including the amount of undisbursed funds intended to be
21    held or used in the next quarter.
22(Source: P.A. 96-34, eff. 7-13-09.)
 
23    Section 45. The General Assembly Operations Act is amended
24by changing Section 2 as follows:
 

 

 

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1    (25 ILCS 10/2)  (from Ch. 63, par. 23.2)
2    Sec. 2. The Speaker of the House and the President of the
3Senate, and the Chairman and members of the Senate Committee on
4Committees shall be considered as holding continuing offices
5until their respective successors are elected and qualified.
6    In the event of death or resignation of the Speaker of the
7House or of the President of the Senate after the sine die
8adjournment of the session of the General Assembly at which he
9was elected, the powers held by him shall pass respectively to
10the Majority Leader of the House of Representatives or to the
11Assistant Majority Leader of the Senate who, for the purposes
12of such powers shall be considered as holding continuing
13offices until his respective successors are elected and
14qualified.
15(Source: P.A. 78-10.)
 
16    Section 50. The General Assembly Compensation Act is
17amended by changing Section 4.1 as follows:
 
18    (25 ILCS 115/4.1)  (from Ch. 63, par. 15.2)
19    Sec. 4.1. Payment techniques and procedures shall be
20according to rules made by the Senate Committee on Assignment
21of Bills Operations Commission or the Rules Committee of the
22House, as the case may be.
23(Source: P.A. 79-806; 79-1023; 79-1454.)
 

 

 

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1    Section 55. The Legislative Commission Reorganization Act
2of 1984 is amended by changing Sections 1-5 and 8A-15 as
3follows:
 
4    (25 ILCS 130/1-5)  (from Ch. 63, par. 1001-5)
5    Sec. 1-5. Composition of agencies; directors.
6    (a)(1) Each legislative support services agency listed in
7Section 1-3 is hereafter in this Section referred to as the
8Agency.
9    (2) (Blank).
10    (2.1) (Blank).
11    (2.5) The Board of the Office of the Architect of the
12Capitol shall consist of the Secretary and Assistant Secretary
13of the Senate and the Clerk and Assistant Clerk of the House of
14Representatives. When the Board has cast a tied vote concerning
15the design, implementation, or construction of a project within
16the legislative complex, as defined in Section 8A-15, the
17Architect of the Capitol may cast the tie-breaking vote.
18    The Boards of the Joint Committee on Administrative Rules,
19the Commission on Government Forecasting and Accountability,
20the Legislative Audit Committee, and the Legislative Research
21Unit (3) The other legislative support services agencies shall
22each consist of 12 members of the General Assembly, of whom 3
23shall be appointed by the President of the Senate, 3 shall be
24appointed by the Minority Leader of the Senate, 3 shall be
25appointed by the Speaker of the House of Representatives, and 3

 

 

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1shall be appointed by the Minority Leader of the House of
2Representatives. All appointments shall be in writing and filed
3with the Secretary of State as a public record.
4    Members shall serve a 2-year term, and must be appointed by
5the Joint Committee during the month of January in each
6odd-numbered year for terms beginning February 1. Any vacancy
7in an Agency shall be filled by appointment for the balance of
8the term in the same manner as the original appointment. A
9vacancy shall exist when a member no longer holds the elected
10legislative office held at the time of the appointment or at
11the termination of the member's legislative service.
12    During the month of February of each odd-numbered year, the
13Joint Committee on Legislative Support Services shall select
14from the members of the Board of each Agency 2 co-chairpersons
15and such other officers as the Joint Committee deems necessary.
16The co-chairpersons of each Board shall serve for a 2-year
17term, beginning February 1 of the odd-numbered year, and the 2
18co-chairpersons shall not be members of or identified with the
19same house or the same political party.
20    Each Board shall meet twice annually or more often upon the
21call of the chair or any 9 members. A quorum of the Board shall
22consist of a majority of the appointed members.
23    (b) The Board of each of the following legislative support
24agencies shall consist of the Secretary and Assistant Secretary
25of the Senate and the Clerk and Assistant Clerk of the House of
26Representatives: the Legislative Information System, the

 

 

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1Legislative Printing Unit, the Legislative Reference Bureau,
2and the Office of the Architect of the Capitol. The
3co-chairpersons of the Board of the Office of the Architect of
4the Capitol shall be the Secretary of the Senate and the Clerk
5of the House of Representatives, each ex officio. (Blank).
6    The Chairperson of each of the other Boards shall be the
7member who is affiliated with the same caucus as the then
8serving Chairperson of the Joint Committee on Legislative
9Support Services. Each Board shall meet twice annually or more
10often upon the call of the chair or any 3 members. A quorum of
11the Board shall consist of a majority of the appointed members.
12    When the Board of the Office of the Architect of the
13Capitol has cast a tied vote concerning the design,
14implementation, or construction of a project within the
15legislative complex, as defined in Section 8A-15, the Architect
16of the Capitol may cast the tie-breaking vote.
17    (c) (Blank). During the month of February of each
18odd-numbered year, the Joint Committee on Legislative Support
19Services shall select from the members of each agency, other
20than the Office of the Architect of the Capitol, 2 co-chairmen
21and such other officers as the Joint Committee deems necessary.
22The co-chairmen of each Agency shall serve for a 2-year term,
23beginning February 1 of the odd-numbered year, and the 2
24co-chairmen shall not be members of or identified with the same
25house or the same political party. The co-chairmen of the Board
26of the Office of the Architect of the Capitol shall be the

 

 

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1Secretary of the Senate and the Clerk of the House of
2Representatives, each ex officio.
3    Each Agency shall meet twice annually or more often upon
4the call of the chair or any 9 members (or any 3 members in the
5case of the Office of the Architect of the Capitol). A quorum
6of the Agency shall consist of a majority of the appointed
7members.
8    (d) Members of each Agency shall serve without
9compensation, but shall be reimbursed for expenses incurred in
10carrying out the duties of the Agency pursuant to rules and
11regulations adopted by the Joint Committee on Legislative
12Support Services.
13    (e) Beginning February 1, 1985, and every 2 years
14thereafter, the Joint Committee shall select an Executive
15Director who shall be the chief executive officer and staff
16director of each Agency. The Executive Director shall receive a
17salary as fixed by the Joint Committee and shall be authorized
18to employ and fix the compensation of necessary professional,
19technical and secretarial staff and prescribe their duties,
20sign contracts, and issue vouchers for the payment of
21obligations pursuant to rules and regulations adopted by the
22Joint Committee on Legislative Support Services. The Executive
23Director and other employees of the Agency shall not be subject
24to the Personnel Code.
25    The executive director of the Office of the Architect of
26the Capitol shall be known as the Architect of the Capitol.

 

 

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1(Source: P.A. 96-959, eff. 7-1-10.)
 
2    (25 ILCS 130/8A-15)
3    Sec. 8A-15. Master plan.
4    (a) The term "legislative complex" means (i) the buildings
5and facilities located in Springfield, Illinois, and occupied
6in whole or in part by the General Assembly or any of its
7support service agencies, (ii) the grounds, walkways, and
8tunnels surrounding or connected to those buildings and
9facilities, and (iii) the off-street parking areas serving
10those buildings and facilities.
11    (b) The Architect of the Capitol shall prepare and
12implement a long-range master plan of development for the State
13Capitol Building, and the remaining portions of the legislative
14complex, and the land and State buildings and facilities within
15the area bounded by Washington, Third, Cook, and Pasfield
16Streets that addresses the improvement, construction, historic
17preservation, restoration, maintenance, repair, and
18landscaping needs of these State buildings and facilities and
19the land the State Capitol Building and the remaining portions
20of the legislative complex. The Architect of the Capitol shall
21submit the master plan to the Capitol Historic Preservation
22Board for its review and comment. The Board must confine its
23review and comment to those portions of the master plan that
24relate to areas of the legislative complex other than the State
25Capitol Building. The Architect may incorporate suggestions of

 

 

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1the Board into the master plan. The master plan must be
2submitted to and approved by the Board of the Office of the
3Architect of the Capitol before its implementation.
4    The Architect of the Capitol may change the master plan and
5shall submit changes in the master plan that relate to areas of
6the legislative complex other than the State Capitol Building
7to the Capitol Historic Preservation Board for its review and
8comment. All changes in the master plan must be submitted to
9and approved by the Board of the Office of the Architect of the
10Capitol before implementation.
11    (c) The Architect of the Capitol must review the master
12plan every 5 years or at the direction of the Board of the
13Office of the Architect of the Capitol. Changes in the master
14plan resulting from this review must be made in accordance with
15the procedure provided in subsection (b).
16    (d) Notwithstanding any other law to the contrary, the
17Architect of the Capitol has the sole authority to contract for
18all materials and services necessary for the implementation of
19the master plan. The Architect (i) may comply with the
20procedures established by the Joint Committee on Legislative
21Support Services under Section 1-4 or (ii) upon approval of the
22Board of the Office of the Architect of the Capitol, may, but
23is not required to, comply with a portion or all of the
24Illinois Procurement Code when entering into contracts under
25this subsection. The Architect's compliance with the Illinois
26Procurement Code shall not be construed to subject the

 

 

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1Architect or any other entity of the legislative branch to the
2Illinois Procurement Code with respect to any other contract.
3    The Architect may enter into agreements with other State
4agencies for the provision of materials or performance of
5services necessary for the implementation of the master plan.
6    State officers and agencies providing normal, day-to-day
7repair, maintenance, or landscaping or providing security,
8commissary, utility, parking, banking, tour guide, event
9scheduling, or other operational services for buildings and
10facilities within the legislative complex immediately prior to
11the effective date of this amendatory Act of the 93rd General
12Assembly shall continue to provide that normal, day-to-day
13repair, maintenance, or landscaping or those services on the
14same basis, whether by contract or employees, that the repair,
15maintenance, landscaping, or services were provided
16immediately prior to the effective date of this amendatory Act
17of the 93rd General Assembly, subject to the provisions of the
18master plan and as otherwise directed by the Architect of the
19Capitol.
20    (e) The Architect of the Capitol shall monitor
21construction, preservation, restoration, maintenance, repair,
22and landscaping work in the legislative complex and
23implementation of the master plan, as well as all other
24activities that alter the historic integrity of the legislative
25complex and the other land and State buildings and facilities
26in the master plan.

 

 

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1(Source: P.A. 93-632, eff. 2-1-04.)
 
2    (30 ILCS 105/5.250 rep.)
3    Section 60. The State Finance Act is amended by repealing
4Section 5.250.
 
5    Section 65. The Adult Education Reporting Act is amended by
6changing Section 1 as follows:
 
7    (105 ILCS 410/1)  (from Ch. 122, par. 1851)
8    Sec. 1. As used in this Act, "agency" means: the
9Departments of Corrections, Public Aid, Commerce and Economic
10Opportunity, Human Services, and Public Health; the Secretary
11of State; the Illinois Community College Board; and the
12Administrative Office of the Illinois Courts. On and after July
131, 2001, "agency" includes the State Board of Education and
14does not include the Illinois Community College Board.
15(Source: P.A. 94-793, eff. 5-19-06.)
 
16    Section 70. The Public Community College Act is amended by
17changing Section 2-10 as follows:
 
18    (110 ILCS 805/2-10)  (from Ch. 122, par. 102-10)
19    Sec. 2-10. The State Board shall make a thorough,
20comprehensive and continuous study of the status of community
21college education, its problems, needs for improvement, and

 

 

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1projected developments and shall make a detailed report thereof
2to the General Assembly not later than March 1 of each
3odd-numbered year and shall submit recommendations for such
4legislation as it deems necessary.
5    The requirement for reporting to the General Assembly shall
6be satisfied by electronically filing copies of the report with
7the Speaker, the Minority Leader and the Clerk of the House of
8Representatives and the President, the Minority Leader and the
9Secretary of the Senate and the Legislative Research Unit, as
10required by Section 3.1 of "An Act to revise the law in
11relation to the General Assembly", approved February 25, 1874,
12as amended, and electronically filing such additional copies
13with the State Government Report Distribution Center for the
14General Assembly as is required under paragraph (t) of Section
157 of the State Library Act. A copy of the report shall also be
16posted on the State Board's website.
17(Source: P.A. 84-1438.)
 
18    (215 ILCS 5/178 rep.)
19    Section 75. The Illinois Insurance Code is amended by
20repealing Section 178.
 
21    (215 ILCS 5/Art. XVI rep.)
22    (215 ILCS 5/Art. XIXB rep.)
23    Section 80. The Illinois Insurance Code is amended by
24repealing Articles XVI and XIXB.
 

 

 

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1    (225 ILCS 120/24 rep.)
2    Section 85. The Wholesale Drug Distribution Licensing Act
3is amended by repealing Section 24.
 
4    Section 90. The Solid Waste Site Operator Certification Law
5is amended by changing Section 1011 as follows:
 
6    (225 ILCS 230/1011)  (from Ch. 111, par. 7861)
7    Sec. 1011. Fees.
8    (a) Fees for the issuance or renewal of a Solid Waste Site
9Operator Certificate shall be as follows:
10        (1)(A) $400 for issuance or renewal for Class A Solid
11    Waste Site Operators; (B) $200 for issuance or renewal for
12    Class B Solid Waste Site Operators; and (C) $100 for
13    issuance or renewal for special waste endorsements.
14        (2) If the fee for renewal is not paid within the grace
15    period the above fees for renewal shall each be increased
16    by $50.
17    (b) Before the effective date of this amendatory Act of the
1898th General Assembly, all All fees collected by the Agency
19under this Section shall be deposited into the Hazardous Waste
20Occupational Licensing Fund. The Agency is authorized to use
21monies in the Hazardous Waste Occupational Licensing Fund to
22perform its functions, powers, and duties under this Section.
23    On and after the effective date of this amendatory Act of

 

 

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1the 98th General Assembly, all fees collected by the Agency
2under this Section shall be deposited into the Environmental
3Protection Permit and Inspection Fund to be used in accordance
4with the provisions of Section 22.8 of the Environmental
5Protection Act.
6(Source: P.A. 86-1363.)
 
7    Section 95. The Illinois Athlete Agents Act is amended by
8changing Section 180 as follows:
 
9    (225 ILCS 401/180)
10    Sec. 180. Civil penalties.
11    (a) In addition to any other penalty provided by law, any
12person who violates this Act shall forfeit and pay a civil
13penalty to the Department in an amount not to exceed $10,000
14for each violation as determined by the Department. The civil
15penalty shall be assessed by the Department in accordance with
16the provisions of this Act.
17    (b) The Department has the authority and power to
18investigate any and all unlicensed activity.
19    (c) The civil penalty shall be paid within 60 days after
20the effective date of the order imposing the civil penalty. The
21order shall constitute a judgment and may be filed and
22execution had thereon in the same manner as any judgment from
23any court of record.
24    (d) All moneys collected under this Section shall be

 

 

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1deposited into the General Professions Dedicated Fund.
2(Source: P.A. 96-1030, eff. 1-1-11.)
 
3    Section 100. The Illinois Horse Racing Act of 1975 is
4amended by changing Section 30 as follows:
 
5    (230 ILCS 5/30)  (from Ch. 8, par. 37-30)
6    Sec. 30. (a) The General Assembly declares that it is the
7policy of this State to encourage the breeding of thoroughbred
8horses in this State and the ownership of such horses by
9residents of this State in order to provide for: sufficient
10numbers of high quality thoroughbred horses to participate in
11thoroughbred racing meetings in this State, and to establish
12and preserve the agricultural and commercial benefits of such
13breeding and racing industries to the State of Illinois. It is
14the intent of the General Assembly to further this policy by
15the provisions of this Act.
16    (b) Each organization licensee conducting a thoroughbred
17racing meeting pursuant to this Act shall provide at least two
18races each day limited to Illinois conceived and foaled horses
19or Illinois foaled horses or both. A minimum of 6 races shall
20be conducted each week limited to Illinois conceived and foaled
21or Illinois foaled horses or both. No horses shall be permitted
22to start in such races unless duly registered under the rules
23of the Department of Agriculture.
24    (c) Conditions of races under subsection (b) shall be

 

 

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

 

 

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

 

 

09800SB3443ham006- 42 -LRB098 15945 OMW 60425 a

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

 

 

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

 

 

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1    the Illinois Thoroughbred Breeders Fund shall be expended
2    for the purposes in (1), (2), (2.5), (3), (4), (4.1), and
3    (5) as shown above.
4        (6) To provide for educational programs regarding the
5    thoroughbred breeding industry.
6        (7) To provide for research programs concerning the
7    health, development and care of the thoroughbred horse.
8        (8) To provide for a scholarship and training program
9    for students of equine veterinary medicine.
10        (9) To provide for dissemination of public information
11    designed to promote the breeding of thoroughbred horses in
12    Illinois.
13        (10) To provide for all expenses incurred in the
14    administration of the Illinois Thoroughbred Breeders Fund.
15    (h) Whenever the Governor finds that the amount in the
16Illinois Thoroughbred Breeders Fund is more than the total of
17the outstanding appropriations from such fund, the Governor
18shall notify the State Comptroller and the State Treasurer of
19such fact. The Comptroller and the State Treasurer, upon
20receipt of such notification, shall transfer such excess amount
21from the Illinois Thoroughbred Breeders Fund to the General
22Revenue Fund.
23    (i) A sum equal to 12 1/2% of the first prize money of
24every purse won by an Illinois foaled or an Illinois conceived
25and foaled horse in races not limited to Illinois foaled horses
26or Illinois conceived and foaled horses, or both, shall be paid

 

 

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

 

 

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

 

 

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1photocopying the requested number of copies.
2    The 11 1/2% paid to the breeders in accordance with this
3subsection shall be distributed as follows:
4        (1) 60% of such sum shall be paid to the breeder of the
5    horse which finishes in the official first position;
6        (2) 20% of such sum shall be paid to the breeder of the
7    horse which finishes in the official second position;
8        (3) 15% of such sum shall be paid to the breeder of the
9    horse which finishes in the official third position; and
10        (4) 5% of such sum shall be paid to the breeder of the
11    horse which finishes in the official fourth position.
12    Such payments shall not reduce any award to the owners of a
13horse or reduce the taxes payable under this Act. Upon
14completion of its racing meet, each organization licensee shall
15deliver to the organization representing thoroughbred breeders
16and owners whose representative serves on the Illinois
17Thoroughbred Breeders Fund Advisory Board a listing of all the
18Illinois foaled and the Illinois conceived and foaled horses
19which won breeders' awards and the amount of such breeders'
20awards in accordance with the provisions of this Act. Such
21payments shall be delivered by the organization licensee within
2230 days of the end of each race meeting.
23    (k) The term "breeder", as used herein, means the owner of
24the mare at the time the foal is dropped. An "Illinois foaled
25horse" is a foal dropped by a mare which enters this State on
26or before December 1, in the year in which the horse is bred,

 

 

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1provided the mare remains continuously in this State until its
2foal is born. An "Illinois foaled horse" also means a foal born
3of a mare in the same year as the mare enters this State on or
4before March 1, and remains in this State at least 30 days
5after foaling, is bred back during the season of the foaling to
6an Illinois Registered Stallion (unless a veterinarian
7certifies that the mare should not be bred for health reasons),
8and is not bred to a stallion standing in any other state
9during the season of foaling. An "Illinois foaled horse" also
10means a foal born in Illinois of a mare purchased at public
11auction subsequent to the mare entering this State prior to
12February 1 of the foaling year providing the mare is owned
13solely by one or more Illinois residents or an Illinois entity
14that is entirely owned by one or more Illinois residents.
15    (l) The Department of Agriculture shall, by rule, with the
16advice and assistance of the Illinois Thoroughbred Breeders
17Fund Advisory Board:
18        (1) Qualify stallions for Illinois breeding; such
19    stallions to stand for service within the State of Illinois
20    at the time of a foal's conception. Such stallion must not
21    stand for service at any place outside the State of
22    Illinois during the calendar year in which the foal is
23    conceived. The Department of Agriculture may assess and
24    collect application fees for the registration of
25    Illinois-eligible stallions. All fees collected are to be
26    paid into the Illinois Thoroughbred Breeders Fund.

 

 

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

 

 

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

 

 

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1Association, 3 from Illinois race tracks operating
2thoroughbred race meets for an average of at least 30 days in
3the past 3 years, the Director of Agriculture, the Executive
4Director of the Racing Board, who shall serve as Chairman.
5(Source: P.A. 91-40, eff. 6-25-99.)
 
6    Section 105. The Liquor Control Act of 1934 is amended by
7changing Section 6-15 as follows:
 
8    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
9    Sec. 6-15. No alcoholic liquors shall be sold or delivered
10in any building belonging to or under the control of the State
11or any political subdivision thereof except as provided in this
12Act. The corporate authorities of any city, village,
13incorporated town, township, or county may provide by
14ordinance, however, that alcoholic liquor may be sold or
15delivered in any specifically designated building belonging to
16or under the control of the municipality, township, or county,
17or in any building located on land under the control of the
18municipality, township, or county; provided that such township
19or county complies with all applicable local ordinances in any
20incorporated area of the township or county. Alcoholic liquor
21may be delivered to and sold under the authority of a special
22use permit on any property owned by a conservation district
23organized under the Conservation District Act, provided that
24(i) the alcoholic liquor is sold only at an event authorized by

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1being utilized for fire protection purposes.
2    Alcoholic liquors may be served or sold in buildings under
3the control of the Board of Trustees of the University of
4Illinois for events that the Board may determine are public
5events and not related student activities. The Board of
6Trustees shall issue a written policy within 6 months of the
7effective date of this amendatory Act of the 95th General
8Assembly concerning the types of events that would be eligible
9for an exemption. Thereafter, the Board of Trustees may issue
10revised, updated, new, or amended policies as it deems
11necessary and appropriate. In preparing its written policy, the
12Board of Trustees shall, among other factors it considers
13relevant and important, give consideration to the following:
14(i) whether the event is a student activity or student related
15activity; (ii) whether the physical setting of the event is
16conducive to control of liquor sales and distribution; (iii)
17the ability of the event operator to ensure that the sale or
18serving of alcoholic liquors and the demeanor of the
19participants are in accordance with State law and University
20policies; (iv) regarding the anticipated attendees at the
21event, the relative proportion of individuals under the age of
2221 to individuals age 21 or older; (v) the ability of the venue
23operator to prevent the sale or distribution of alcoholic
24liquors to individuals under the age of 21; (vi) whether the
25event prohibits participants from removing alcoholic beverages
26from the venue; and (vii) whether the event prohibits

 

 

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

 

 

09800SB3443ham006- 59 -LRB098 15945 OMW 60425 a

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the Joliet Park District. Beer and wine may be sold in
2buildings on the grounds of State veterans' homes when written
3consent to the issuance of a license to sell beer and wine in
4such buildings is filed with the Commission by the Department
5of Veterans' Affairs, and the facility shall provide dram shop
6liability in maximum insurance coverage limits so as to save
7the facility harmless from all financial loss, damage or harm.
8Such liquors may be delivered to and sold at any property owned
9or held under lease by a Metropolitan Pier and Exposition
10Authority or Metropolitan Exposition and Auditorium Authority.
11    Beer and wine may be sold and dispensed at professional
12sporting events and at professional concerts and other
13entertainment events conducted on premises owned by the Forest
14Preserve District of Kane County, subject to the control of the
15District Commissioners and applicable local law, provided that
16dram shop liability insurance is provided at maximum coverage
17limits so as to hold the District harmless from all financial
18loss, damage and harm.
19    Nothing in this Section shall preclude the sale or delivery
20of beer and wine at a State or county fair or the sale or
21delivery of beer or wine at a city fair in any otherwise lawful
22manner.
23    Alcoholic liquors may be sold at retail in buildings in
24State parks under the control of the Department of Natural
25Resources, provided:
26        a. the State park has overnight lodging facilities with

 

 

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

 

 

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

 

 

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1control of, or leased from, the river conservancy districts.
2Such sales are subject to reasonable local regulations as
3provided in Article IV; however, no such regulations may
4prohibit or substantially impair the sale of alcoholic liquors
5on Sundays or Holidays.
6    Alcoholic liquors may be provided in long term care
7facilities owned or operated by a county under Division 5-21 or
85-22 of the Counties Code, when approved by the facility
9operator and not in conflict with the regulations of the
10Illinois Department of Public Health, to residents of the
11facility who have had their consumption of the alcoholic
12liquors provided approved in writing by a physician licensed to
13practice medicine in all its branches.
14    Alcoholic liquors may be delivered to and dispensed in
15State housing assigned to employees of the Department of
16Corrections. No person shall furnish or allow to be furnished
17any alcoholic liquors to any prisoner confined in any jail,
18reformatory, prison or house of correction except upon a
19physician's prescription for medicinal purposes.
20    Alcoholic liquors may be sold at retail or dispensed at the
21Willard Ice Building in Springfield, at the State Library in
22Springfield, and at Illinois State Museum facilities by (1) an
23agency of the State, whether legislative, judicial or
24executive, provided that such agency first obtains written
25permission to sell or dispense alcoholic liquors from the
26controlling government authority, or by (2) a not-for-profit

 

 

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

 

 

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1jurisdiction of the Historic Sites and Preservation Division of
2the Historic Preservation Agency or the Abraham Lincoln
3Presidential Library and Museum where the delivery, sale or
4dispensing is by (1) an agency of the State, whether
5legislative, judicial or executive, provided that such agency
6first obtains written permission to sell or dispense alcoholic
7liquors from a controlling government authority, or by (2) an
8individual or organization provided that such individual or
9organization:
10        a. Obtains written consent from the controlling
11    government authority;
12        b. Sells or dispenses the alcoholic liquors in a manner
13    that does not impair normal workings of State offices or
14    operations located at the facility, property or building;
15        c. Sells or dispenses alcoholic liquors only in
16    connection with an official activity of the individual or
17    organization in the facility, property or 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    The controlling government authority for the Historic
25Sites and Preservation Division of the Historic Preservation
26Agency shall be the Director of the Historic Sites and

 

 

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1Preservation, and the controlling government authority for the
2Abraham Lincoln Presidential Library and Museum shall be the
3Director of the Abraham Lincoln Presidential Library and
4Museum.
5    Alcoholic liquors may be delivered to and sold at retail or
6dispensed for consumption at the Michael Bilandic Building at
7160 North LaSalle Street, Chicago IL 60601, after the normal
8business hours of any day care or child care facility located
9in the building, by (1) a commercial tenant or subtenant
10conducting business on the premises under a lease made pursuant
11to Section 405-315 of the Department of Central Management
12Services Law (20 ILCS 405/405-315), provided that such tenant
13or subtenant who accepts delivery of, sells, or dispenses
14alcoholic liquors shall procure and maintain dram shop
15liability insurance in maximum coverage limits and in which the
16carrier agrees to defend, indemnify, and save harmless the
17State of Illinois from all financial loss, damage, or harm
18arising out of the delivery, sale, or dispensing of alcoholic
19liquors, or by (2) an agency of the State, whether legislative,
20judicial, or executive, provided that such agency first obtains
21written permission to accept delivery of and sell or dispense
22alcoholic liquors from the Director of Central Management
23Services, or by (3) a not-for-profit organization, provided
24that such organization:
25        a. obtains written consent from the Department of
26    Central Management Services;

 

 

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1        b. accepts delivery of and sells or dispenses the
2    alcoholic liquors in a manner that does not impair normal
3    operations of State offices located in the building;
4        c. accepts delivery of and sells or dispenses alcoholic
5    liquors only in connection with an official activity in the
6    building; and
7        d. provides, or its catering service provides, dram
8    shop liability insurance in maximum coverage limits and in
9    which the carrier agrees to defend, save harmless, and
10    indemnify the State of Illinois from all financial loss,
11    damage, or harm arising out of the selling or dispensing of
12    alcoholic liquors.
13    Nothing in this Act shall prevent a not-for-profit
14organization or agency of the State from employing the services
15of a catering establishment for the selling or dispensing of
16alcoholic liquors at functions authorized by the Director of
17Central Management Services.
18    Alcoholic liquors may be sold at retail or dispensed at the
19James R. Thompson Center in Chicago, subject to the provisions
20of Section 7.4 of the State Property Control Act, and 222 South
21College Street in Springfield, Illinois by (1) a commercial
22tenant or subtenant conducting business on the premises under a
23lease or sublease made pursuant to Section 405-315 of the
24Department of Central Management Services Law (20 ILCS
25405/405-315), provided that such tenant or subtenant who sells
26or dispenses alcoholic liquors shall procure and maintain dram

 

 

09800SB3443ham006- 72 -LRB098 15945 OMW 60425 a

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

 

 

09800SB3443ham006- 73 -LRB098 15945 OMW 60425 a

1Central Management Services.
2    Alcoholic liquors may be sold or delivered at any facility
3owned by the Illinois Sports Facilities Authority provided that
4dram shop liability insurance has been made available in a
5form, with such coverage and in such amounts as the Authority
6reasonably determines is necessary.
7    Alcoholic liquors may be sold at retail or dispensed at the
8Rockford State Office Building by (1) an agency of the State,
9whether legislative, judicial or executive, provided that such
10agency first obtains written permission to sell or dispense
11alcoholic liquors from the Department of Central Management
12Services, or by (2) a not-for-profit organization, provided
13that such organization:
14        a. Obtains written consent from the Department of
15    Central Management Services;
16        b. Sells or dispenses the alcoholic liquors in a manner
17    that does not impair normal operations of State offices
18    located in the building;
19        c. Sells or dispenses alcoholic liquors only in
20    connection with an official activity in the building;
21        d. Provides, or its catering service provides, dram
22    shop liability insurance in maximum coverage limits and in
23    which the carrier agrees to defend, save harmless and
24    indemnify the State of Illinois from all financial loss,
25    damage or harm arising out of the selling or dispensing of
26    alcoholic liquors.

 

 

09800SB3443ham006- 74 -LRB098 15945 OMW 60425 a

1    Nothing in this Act shall prevent a not-for-profit
2organization or agency of the State from employing the services
3of a catering establishment for the selling or dispensing of
4alcoholic liquors at functions authorized by the Department of
5Central Management Services.
6    Alcoholic liquors may be sold or delivered in a building
7that is owned by McLean County, situated on land owned by the
8county in the City of Bloomington, and used by the McLean
9County Historical Society if the sale or delivery is approved
10by an ordinance adopted by the county board, and the
11municipality in which the building is located may not prohibit
12that sale or delivery, notwithstanding any other provision of
13this Section. The regulation of the sale and delivery of
14alcoholic liquor in a building that is owned by McLean County,
15situated on land owned by the county, and used by the McLean
16County Historical Society as provided in this paragraph is an
17exclusive power and function of the State and is a denial and
18limitation under Article VII, Section 6, subsection (h) of the
19Illinois Constitution of the power of a home rule municipality
20to regulate that sale and delivery.
21    Alcoholic liquors may be sold or delivered in any building
22situated on land held in trust for any school district
23organized under Article 34 of the School Code, if the building
24is not used for school purposes and if the sale or delivery is
25approved by the board of education.
26    Alcoholic liquors may be sold or delivered in buildings

 

 

09800SB3443ham006- 75 -LRB098 15945 OMW 60425 a

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

 

 

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1persons and if the person or facility selling or dispensing the
2alcoholic liquor has provided dram shop liability insurance in
3maximum limits so as to hold harmless the Apple River Fire
4Protection District, the Village of Apple River, and the Apple
5River Community Association from all financial loss, damage,
6and harm.
7    Alcoholic liquors may be delivered to and sold at the Sikia
8Restaurant, Kennedy King College Campus, located at 740 West
963rd Street, Chicago, and at the Food Services in the Great
10Hall/Washburne Culinary Institute Department facility, Kennedy
11King College Campus, located at 740 West 63rd Street, Chicago,
12owned by or under the control of City Colleges of Chicago,
13Illinois Community College District No. 508.
14(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,
15eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;
1697-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff.
173-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised
189-24-13.)
 
19    (320 ILCS 65/20 rep.)
20    Section 110. The Family Caregiver Act is amended by
21repealing Section 20.
 
22    (410 ILCS 3/10 rep.)
23    Section 115. The Atherosclerosis Prevention Act is amended
24by repealing Section 10.
 

 

 

09800SB3443ham006- 77 -LRB098 15945 OMW 60425 a

1    (410 ILCS 425/Act rep.)
2    Section 120. The High Blood Pressure Control Act is
3repealed.
 
4    Section 125. The Environmental Protection Act is amended by
5changing Section 22.8 as follows:
 
6    (415 ILCS 5/22.8)  (from Ch. 111 1/2, par. 1022.8)
7    Sec. 22.8. Environmental Protection Permit and Inspection
8Fund.
9    (a) There is hereby created in the State Treasury a special
10fund to be known as the Environmental Protection Permit and
11Inspection Fund. All fees collected by the Agency pursuant to
12this Section, Section 9.6, 12.2, 16.1, 22.2 (j)(6)(E)(v)(IV),
1356.4, 56.5, 56.6, and subsection (f) of Section 5 of this Act,
14or pursuant to Section 22 of the Public Water Supply Operations
15Act or Section 1011 of the Solid Waste Site Operator
16Certification Law, as well as and funds collected under
17subsection (b.5) of Section 42 of this Act, shall be deposited
18into the Fund. In addition to any monies appropriated from the
19General Revenue Fund, monies in the Fund shall be appropriated
20by the General Assembly to the Agency in amounts deemed
21necessary for manifest, permit, and inspection activities and
22for performing its functions, powers, and duties under the
23Solid Waste Site Operator Certification Law processing

 

 

09800SB3443ham006- 78 -LRB098 15945 OMW 60425 a

1requests under Section 22.2 (j)(6)(E)(v)(IV).
2    The General Assembly may appropriate monies in the Fund
3deemed necessary for Board regulatory and adjudicatory
4proceedings.
5    (a-5) As soon as practicable after the effective date of
6this amendatory Act of the 98th General Assembly, but no later
7than January 1, 2014, the State Comptroller shall direct and
8the State Treasurer shall transfer all monies in the Industrial
9Hygiene Regulatory and Enforcement Fund to the Environmental
10Protection Permit and Inspection Fund to be used in accordance
11with the terms of the Environmental Protection Permit and
12Inspection Fund.
13    (a-6) As soon as practicable after the effective date of
14this amendatory Act of the 98th General Assembly, but no later
15than December 31, 2014, the State Comptroller shall order the
16transfer of, and the State Treasurer shall transfer, all moneys
17in the Hazardous Waste Occupational Licensing Fund into the
18Environmental Protection Permit and Inspection Fund to be used
19in accordance with the terms of the Environmental Protection
20Permit and Inspection Fund.
21    (b) The Agency shall collect from the owner or operator of
22any of the following types of hazardous waste disposal sites or
23management facilities which require a RCRA permit under
24subsection (f) of Section 21 of this Act, or a UIC permit under
25subsection (g) of Section 12 of this Act, an annual fee in the
26amount of:

 

 

09800SB3443ham006- 79 -LRB098 15945 OMW 60425 a

1        (1) $35,000 ($70,000 beginning in 2004) for a hazardous
2    waste disposal site receiving hazardous waste if the
3    hazardous waste disposal site is located off the site where
4    such waste was produced;
5        (2) $9,000 ($18,000 beginning in 2004) for a hazardous
6    waste disposal site receiving hazardous waste if the
7    hazardous waste disposal site is located on the site where
8    such waste was produced;
9        (3) $7,000 ($14,000 beginning in 2004) for a hazardous
10    waste disposal site receiving hazardous waste if the
11    hazardous waste disposal site is an underground injection
12    well;
13        (4) $2,000 ($4,000 beginning in 2004) for a hazardous
14    waste management facility treating hazardous waste by
15    incineration;
16        (5) $1,000 ($2,000 beginning in 2004) for a hazardous
17    waste management facility treating hazardous waste by a
18    method, technique or process other than incineration;
19        (6) $1,000 ($2,000 beginning in 2004) for a hazardous
20    waste management facility storing hazardous waste in a
21    surface impoundment or pile;
22        (7) $250 ($500 beginning in 2004) for a hazardous waste
23    management facility storing hazardous waste other than in a
24    surface impoundment or pile; and
25        (8) Beginning in 2004, $500 for a large quantity
26    hazardous waste generator required to submit an annual or

 

 

09800SB3443ham006- 80 -LRB098 15945 OMW 60425 a

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

 

 

09800SB3443ham006- 81 -LRB098 15945 OMW 60425 a

1        (2) a waste pile or surface impoundment, receiving
2    hazardous waste, in which residues which exhibit any of the
3    characteristics of hazardous waste pursuant to Board
4    regulations are reasonably expected to remain after
5    closure;
6        (3) a land treatment facility receiving hazardous
7    waste; or
8        (4) a well injecting hazardous waste.
9    (g) The Agency shall assess a fee for each manifest
10provided by the Agency. For manifests provided on or after
11January 1, 1989 but before July 1, 2003, the fee shall be $1
12per manifest. For manifests provided on or after July 1, 2003,
13the fee shall be $3 per manifest.
14(Source: P.A. 98-78, eff. 7-15-13.)
 
15    Section 130. The Illinois Pesticide Act is amended by
16changing Sections 19.3 and 22.2 as follows:
 
17    (415 ILCS 60/19.3)
18    Sec. 19.3. Agrichemical Facility Response Action Program.
19    (a) It is the policy of the State of Illinois that an
20Agrichemical Facility Response Action Program be implemented
21to reduce potential agrichemical pollution and minimize
22environmental degradation risk potential at these sites. In
23this Section, "agrichemical facility" means a site where
24agrichemicals are stored or handled, or both, in preparation

 

 

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1for end use. "Agrichemical facility" does not include basic
2manufacturing or central distribution sites utilized only for
3wholesale purposes. As used in this Section, "agrichemical"
4means pesticides or commercial fertilizers at an agrichemical
5facility.
6    The program shall provide guidance for assessing the threat
7of soil agrichemical contaminants to groundwater and
8recommending which sites need to establish a voluntary
9corrective action program.
10    The program shall establish appropriate site-specific soil
11cleanup objectives, which shall be based on the potential for
12the agrichemical contaminants to move from the soil to
13groundwater and the potential of the specific soil agrichemical
14contaminants to cause an exceedence of a Class I or Class III
15groundwater quality standard or a health advisory level. The
16Department shall use the information found and procedures
17developed in the Agrichemical Facility Site Contamination
18Study or other appropriate physical evidence to establish the
19soil agrichemical contaminant levels of concern to groundwater
20in the various hydrological settings to establish
21site-specific cleanup objectives.
22    No remediation of a site may be recommended unless (i) the
23agrichemical contamination level in the soil exceeds the
24site-specific cleanup objectives or (ii) the agrichemical
25contaminant level in the soil exceeds levels where physical
26evidence and risk evaluation indicates probability of the site

 

 

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

 

 

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1date of this amendatory Act of 1995. Vacancies on the Board
2shall be filled within 30 days. The Board may fill any
3membership position vacant for a period exceeding 30 days.
4    The members of the Board shall be paid no compensation, but
5shall be reimbursed for their expenses incurred in performing
6their duties. If a civil proceeding is commenced against a
7Board member arising out of an act or omission occurring within
8the scope of the Board member's performance of his or her
9duties under this Section, the State, as provided by rule,
10shall indemnify the Board member for any damages awarded and
11court costs and attorney's fees assessed as part of a final and
12unreversed judgement, or shall pay the judgment, unless the
13court or jury finds that the conduct or inaction that gave rise
14to the claim or cause of action was intentional, wilful or
15wanton misconduct and was not intended to serve or benefit
16interests of the State.
17    The chairperson of the Board shall be selected by the Board
18from among the public members.
19    (c) (Blank). The Board has the authority to do the
20following:
21        (1) Cooperate with the Department and review and
22    approve an agrichemical facility remediation program as
23    outlined in the handbook or manual as set forth in
24    subdivision (d)(8) of this Section.
25        (2) Review and give final approval to each agrichemical
26    facility corrective action plan.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1operator's own volition and independent of any requirement
2under this Section 19.3, information contained in that
3assessment may be held as confidential information by the owner
4or operator of the facility.
5    (h) Except as otherwise provided by Department rule, on and
6after the effective date of this amendatory Act of the 98th
7General Assembly, any Agrichemical Facility Response Action
8Program requirement that may be satisfied by an industrial
9hygienist licensed pursuant to the Industrial Hygienists
10Licensure Act repealed in this amendatory Act may be satisfied
11by a Certified Industrial Hygienist certified by the American
12Board of Industrial Hygiene.
13(Source: P.A. 98-78, eff. 7-15-13.)
 
14    (415 ILCS 60/22.2)  (from Ch. 5, par. 822.2)
15    Sec. 22.2. (a) There is hereby created a trust fund in the
16State Treasury to be known as the Agrichemical Incident
17Response Trust Fund. Any funds received by the Director of
18Agriculture from the mandates of Section 13.1 shall be
19deposited with the Treasurer as ex-officio custodian and held
20separate and apart from any public money of this State, with
21accruing interest on the trust funds deposited into the trust
22fund. Disbursement from the fund for purposes as set forth in
23this Section shall be by voucher ordered by the Director and
24paid by a warrant drawn by the State Comptroller and
25countersigned by the State Treasurer. The Director shall order

 

 

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

 

 

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1            (B) administer provide staff to support the
2        activities of the Agrichemical Facility Response
3        Action Program Board.
4        The total annual expenditures from the Fund for these
5    purposes under this paragraph (4) shall not be more than
6    $120,000, and no expenditure from the Fund for these
7    purposes shall be made when the Fund balance becomes less
8    than $750,000.
9    (b) The action undertaken shall be such as may be necessary
10or appropriate to protect human health or the environment.
11    (c) The Director of Agriculture is authorized to enter into
12contracts and agreements as may be necessary to carry out the
13Department's duties under this Section.
14    (d) Neither the State, the Director, nor any State employee
15shall be liable for any damages or injury arising out of or
16resulting from any action taken under this Section.
17    (e) (Blank). On a quarterly basis, the Department shall
18advise and consult with the Agrichemical Facility Response
19Action Program Board as to the Department's administration of
20the Fund.
21(Source: P.A. 89-94, eff. 7-6-95.)
 
22    Section 135. The Hazardous Material Emergency Response
23Reimbursement Act is amended by changing Sections 3, 4, and 5
24as follows:
 

 

 

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1    (430 ILCS 55/3)  (from Ch. 127 1/2, par. 1003)
2    Sec. 3. Definitions. As used in this Act:
3    (a) "Emergency action" means any action taken at or near
4the scene of a hazardous materials emergency incident to
5prevent or minimize harm to human health, to property, or to
6the environments from the unintentional release of a hazardous
7material.
8    (b) "Emergency response agency" means a unit of local
9government, volunteer fire protection organization, or the
10American Red Cross that provides:
11        (1) firefighting services;
12        (2) emergency rescue services;
13        (3) emergency medical services;
14        (4) hazardous materials response teams;
15        (5) civil defense;
16        (6) technical rescue teams; or
17        (7) mass care or assistance to displaced persons.
18    (c) "Responsible party" means a person who:
19        (1) owns or has custody of hazardous material that is
20    involved in an incident requiring emergency action by an
21    emergency response agency; or
22        (2) owns or has custody of bulk or non-bulk packaging
23    or a transport vehicle that contains hazardous material
24    that is involved in an incident requiring emergency action
25    by an emergency response agency; and
26        (3) who causes or substantially contributed to the

 

 

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

 

 

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1transferred to the Fire Prevention Fund.
2(Source: P.A. 86-972.)
 
3    (430 ILCS 55/5)  (from Ch. 127 1/2, par. 1005)
4    Sec. 5. Reimbursement to agencies.
5    (a) It shall be the duty of the responsible party to
6reimburse, within 60 days after the receipt of a bill for the
7hazardous material emergency incident, the emergency response
8agencies responding to a hazardous material emergency
9incident, and any private contractor responding to the incident
10at the request of an emergency response agency, for the costs
11incurred in the course of providing emergency action.
12    (b) In the event that the emergency response agencies are
13not reimbursed by a responsible party as required under
14subsection (a), monies in the Fund, subject to appropriation,
15shall be used to reimburse the emergency response agencies
16providing emergency action at or near the scene of a hazardous
17materials emergency incident subject to the following
18limitations:
19        (1) Cost recovery from the Fund is limited to
20    replacement of expended materials including, but not
21    limited to, specialized firefighting foam, damaged hose or
22    other reasonable and necessary supplies.
23        (2) The applicable cost of supplies must exceed 2% of
24    the emergency response agency's annual budget.
25        (3) A minimum of $500 must have been expended.

 

 

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1        (4) A maximum of $10,000 may be requested per incident.
2        (5) The response was made to an incident involving
3    hazardous materials facilities such as rolling stock which
4    are not in a terminal and which are not included on the
5    property tax roles for the jurisdiction where the incident
6    occurred.
7    (c) Application for reimbursement from the Fund shall be
8made to the State Fire Marshal or his designee. The State Fire
9Marshal shall, through rulemaking, promulgate a standard form
10for such application. The State Fire Marshal shall adopt rules
11for the administration of this Act.
12    (d) Claims against the Fund shall be reviewed by the
13Illinois Fire Advisory Commission at its normally scheduled
14meetings, as the claims are received. The Commission shall be
15responsible for:
16        (1) reviewing claims made against the Fund and
17    determining reasonable and necessary expenses to be
18    reimbursed for an emergency response agency:
19        (2) affirming that the emergency response agency has
20    made a reasonable effort to recover expended costs from
21    involved parties; and
22        (3) advising the State Fire Marshal as to those claims
23    against the Fund which merit reimbursement.
24    (e) The State Fire Marshal shall either accept or reject
25the Commission's recommendations as to a claim's eligibility.
26The eligibility decision of the State Fire Marshal shall be a

 

 

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1final administrative decision, and may be reviewed as provided
2under the Administrative Review Law.
3(Source: P.A. 93-989, eff. 1-1-05.)
 
4    (430 ILCS 55/7 rep.)
5    Section 140. The Hazardous Material Emergency Response
6Reimbursement Act is amended by repealing Section 7.
 
7    (510 ILCS 15/1 rep.)
8    Section 145. The Animal Gastroenteritis Act is amended by
9repealing Section 1.
 
10    Section 150. The Illinois Pseudorabies Control Act is
11amended by changing Section 5.1 as follows:
 
12    (510 ILCS 90/5.1)  (from Ch. 8, par. 805.1)
13    Sec. 5.1. Pseudorabies Advisory Committee. Upon the
14detection of pseudorabies within the State, the The Director of
15Agriculture is authorized to establish within the Department an
16advisory committee to be known as the Pseudorabies Advisory
17Committee. The Committee Such committee shall consist of, but
18not be limited to, representatives of swine producers, general
19swine organizations within the State, licensed veterinarians,
20general farm organizations, auction markets, the packing
21industry and the University of Illinois. Members of the
22Committee shall only be appointed and meet during the timeframe

 

 

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1of the detection. The Director shall, from time to time,
2consult with the Pseudorabies Advisory Committee on changes in
3the pseudorabies control program.
4    The Director shall appoint a Technical Committee from the
5membership of the Pseudorabies Advisory Committee, which shall
6be comprised of a veterinarian, a swine extension specialist,
7and a pork producer. This committee shall serve as resource
8persons for the technical aspects of the herd plans and may
9advise the Department on procedures to be followed, timetables
10for accomplishing the elimination of infection, assist in
11obtaining cooperation from swine herd owners, and recommend
12adjustments in the approved herd plan as necessary.
13    These Committee members shall be entitled to reimbursement
14of all necessary and actual expenses incurred in the
15performance of their duties.
16(Source: P.A. 89-154, eff. 7-19-95.)
 
17    (525 ILCS 25/10 rep.)
18    Section 155. The Illinois Lake Management Program Act is
19amended by repealing Section 10.
 
20    (815 ILCS 325/6 rep.)
21    Section 160. The Recyclable Metal Purchase Registration
22Law is amended by repealing Section 6.
 
23    Section 995. Illinois Compiled Statutes reassignment.

 

 

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1    The Legislative Reference Bureau shall reassign the
2following Act to the specified location in the Illinois
3Compiled Statutes and file appropriate documents with the Index
4Division of the Office of the Secretary of State in accordance
5with subsection (c) of Section 5.04 of the Legislative
6Reference Bureau Act:
7        Illinois Commission on Volunteerism and Community
8    Service Act, reassigned from 20 ILCS 710/ to 20 ILCS 2330/.
 
9    Section 999. Effective date. This Act takes effect upon
10becoming law, except that Section 60 takes effect January 1,
112015.".