Illinois General Assembly - Full Text of HB2891
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Full Text of HB2891  97th General Assembly

HB2891sam007 97TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 1/3/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2891

2    AMENDMENT NO. ______. Amend House Bill 2891, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5
"ARTICLE 1. SHORT TITLE; PURPOSE

 
6    Section 1-1. Short title. This Act may be cited as the
7FY2013 Budget Implementation (Supplemental) Act.
 
8    Section 1-5. Purpose. It is the purpose of this Act to make
9changes in State programs that are necessary to implement the
10Governor's fiscal year 2013 budget recommendations.
 
11
ARTICLE 5. AMENDATORY PROVISIONS

 
12    Section 5-5. The State Budget Law of the Civil
13Administrative Code of Illinois is amended by changing Section

 

 

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150-5 as follows:
 
2    (15 ILCS 20/50-5)
3    Sec. 50-5. Governor to submit State budget.
4    (a) The Governor shall, as soon as possible and not later
5than the second Wednesday in March in 2010 (March 10, 2010),
6the third Wednesday in February in 2011, the fourth Wednesday
7in February in 2012 (February 22, 2012), the first Wednesday in
8March in 2013 (March 6, 2013), and the third Wednesday in
9February of each year thereafter, except as otherwise provided
10in this Section, submit a State budget, embracing therein the
11amounts recommended by the Governor to be appropriated to the
12respective departments, offices, and institutions, and for all
13other public purposes, the estimated revenues from taxation,
14and the estimated revenues from sources other than taxation.
15Except with respect to the capital development provisions of
16the State budget, beginning with the revenue estimates prepared
17for fiscal year 2012, revenue estimates shall be based solely
18on: (i) revenue sources (including non-income resources),
19rates, and levels that exist as of the date of the submission
20of the State budget for the fiscal year and (ii) revenue
21sources (including non-income resources), rates, and levels
22that have been passed by the General Assembly as of the date of
23the submission of the State budget for the fiscal year and that
24are authorized to take effect in that fiscal year. Except with
25respect to the capital development provisions of the State

 

 

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1budget, the Governor shall determine available revenue, deduct
2the cost of essential government services, including, but not
3limited to, pension payments and debt service, and assign a
4percentage of the remaining revenue to each statewide
5prioritized goal, as established in Section 50-25 of this Law,
6taking into consideration the proposed goals set forth in the
7report of the Commission established under that Section. The
8Governor shall also demonstrate how spending priorities for the
9fiscal year fulfill those statewide goals. The amounts
10recommended by the Governor for appropriation to the respective
11departments, offices and institutions shall be formulated
12according to each department's, office's, and institution's
13ability to effectively deliver services that meet the
14established statewide goals. The amounts relating to
15particular functions and activities shall be further
16formulated in accordance with the object classification
17specified in Section 13 of the State Finance Act. In addition,
18the amounts recommended by the Governor for appropriation shall
19take into account each State agency's effectiveness in
20achieving its prioritized goals for the previous fiscal year,
21as set forth in Section 50-25 of this Law, giving priority to
22agencies and programs that have demonstrated a focus on the
23prevention of waste and the maximum yield from resources.
24    Beginning in fiscal year 2011, the Governor shall
25distribute written quarterly financial reports on operating
26funds, which may include general, State, or federal funds and

 

 

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1may include funds related to agencies that have significant
2impacts on State operations, and budget statements on all
3appropriated funds to the General Assembly and the State
4Comptroller. The reports shall be submitted no later than 45
5days after the last day of each quarter of the fiscal year and
6shall be posted on the Governor's Office of Management and
7Budget's website on the same day. The reports shall be prepared
8and presented for each State agency and on a statewide level in
9an executive summary format that may include, for the fiscal
10year to date, individual itemizations for each significant
11revenue type as well as itemizations of expenditures and
12obligations, by agency, with an appropriate level of detail.
13The reports shall include a calculation of the actual total
14budget surplus or deficit for the fiscal year to date. The
15Governor shall also present periodic budget addresses
16throughout the fiscal year at the invitation of the General
17Assembly.
18    The Governor shall not propose expenditures and the General
19Assembly shall not enact appropriations that exceed the
20resources estimated to be available, as provided in this
21Section. Appropriations may be adjusted during the fiscal year
22by means of one or more supplemental appropriation bills if any
23State agency either fails to meet or exceeds the goals set
24forth in Section 50-25 of this Law.
25    For the purposes of Article VIII, Section 2 of the 1970
26Illinois Constitution, the State budget for the following funds

 

 

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1shall be prepared on the basis of revenue and expenditure
2measurement concepts that are in concert with generally
3accepted accounting principles for governments:
4        (1) General Revenue Fund.
5        (2) Common School Fund.
6        (3) Educational Assistance Fund.
7        (4) Road Fund.
8        (5) Motor Fuel Tax Fund.
9        (6) Agricultural Premium Fund.
10    These funds shall be known as the "budgeted funds". The
11revenue estimates used in the State budget for the budgeted
12funds shall include the estimated beginning fund balance, plus
13revenues estimated to be received during the budgeted year,
14plus the estimated receipts due the State as of June 30 of the
15budgeted year that are expected to be collected during the
16lapse period following the budgeted year, minus the receipts
17collected during the first 2 months of the budgeted year that
18became due to the State in the year before the budgeted year.
19Revenues shall also include estimated federal reimbursements
20associated with the recognition of Section 25 of the State
21Finance Act liabilities. For any budgeted fund for which
22current year revenues are anticipated to exceed expenditures,
23the surplus shall be considered to be a resource available for
24expenditure in the budgeted fiscal year.
25    Expenditure estimates for the budgeted funds included in
26the State budget shall include the costs to be incurred by the

 

 

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1State for the budgeted year, to be paid in the next fiscal
2year, excluding costs paid in the budgeted year which were
3carried over from the prior year, where the payment is
4authorized by Section 25 of the State Finance Act. For any
5budgeted fund for which expenditures are expected to exceed
6revenues in the current fiscal year, the deficit shall be
7considered as a use of funds in the budgeted fiscal year.
8    Revenues and expenditures shall also include transfers
9between funds that are based on revenues received or costs
10incurred during the budget year.
11    Appropriations for expenditures shall also include all
12anticipated statutory continuing appropriation obligations
13that are expected to be incurred during the budgeted fiscal
14year.
15    By March 15 of each year, the Commission on Government
16Forecasting and Accountability shall prepare revenue and fund
17transfer estimates in accordance with the requirements of this
18Section and report those estimates to the General Assembly and
19the Governor.
20    For all funds other than the budgeted funds, the proposed
21expenditures shall not exceed funds estimated to be available
22for the fiscal year as shown in the budget. Appropriation for a
23fiscal year shall not exceed funds estimated by the General
24Assembly to be available during that year.
25    (b) By February 24, 2010, the Governor must file a written
26report with the Secretary of the Senate and the Clerk of the

 

 

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1House of Representatives containing the following:
2        (1) for fiscal year 2010, the revenues for all budgeted
3    funds, both actual to date and estimated for the full
4    fiscal year;
5        (2) for fiscal year 2010, the expenditures for all
6    budgeted funds, both actual to date and estimated for the
7    full fiscal year;
8        (3) for fiscal year 2011, the estimated revenues for
9    all budgeted funds, including without limitation the
10    affordable General Revenue Fund appropriations, for the
11    full fiscal year; and
12        (4) for fiscal year 2011, an estimate of the
13    anticipated liabilities for all budgeted funds, including
14    without limitation the affordable General Revenue Fund
15    appropriations, debt service on bonds issued, and the
16    State's contributions to the pension systems, for the full
17    fiscal year.
18    Between July 1 and August 31 of each fiscal year, the
19members of the General Assembly and members of the public may
20make written budget recommendations to the Governor.
21    Beginning with budgets prepared for fiscal year 2013, the
22budgets submitted by the Governor and appropriations made by
23the General Assembly for all executive branch State agencies
24must adhere to a method of budgeting where each priority must
25be justified each year according to merit rather than according
26to the amount appropriated for the preceding year.

 

 

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1(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
2eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10;
396-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; 97-669, eff.
41-13-12; 97-813, eff. 7-13-12.)
 
5    Section 5-15. The State Finance Act is amended by changing
6Section 6z-81 and by adding Sections 5i and 5j as follows:
 
7    (30 ILCS 105/5i new)
8    Sec. 5i. Transfers. Each year, the Governor's Office of
9Management and Budget shall, at the time set forth for the
10submission of the State budget under Section 50-5 of the State
11Budget Law, provide to the Chairman and the Minority
12Spokesperson of each of the appropriations committees of the
13House of Representatives and the Senate a report of (i) all
14full fiscal year transfers from the General Revenue Fund to any
15other special fund of the State in the previous fiscal year and
16during the current fiscal year to date, and (ii) all projected
17full fiscal year transfers from the General Revenue Fund to
18those funds for the remainder of the current fiscal year and
19the next fiscal year, based on estimates prepared by the
20Governor's Office of Management and Budget. The report shall
21include a detailed summary of the estimates upon which the
22projected transfers are based. The report shall also indicate,
23for each transfer:
24        (1) whether or not there is statutory authority for the

 

 

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1    transfer;
2        (2) if there is statutory authority for the transfer,
3    whether that statutory authority exists for the next fiscal
4    year; and
5        (3) whether there is debt service associated with the
6    transfer.
7    The General Assembly shall consider the report in the
8appropriations process.
 
9    (30 ILCS 105/5j new)
10    Sec. 5j. Transfers to the Illinois State Medical
11Disciplinary Fund. Notwithstanding any other provision of law,
12for Fiscal Year 2013 only and as soon as practicable after the
13effective date of this amendatory Act of the 97th General
14Assembly, the State Comptroller shall order and the State
15Treasurer shall transfer to the Illinois State Medical
16Disciplinary Fund from the cash balances in special funds that
17receive revenues from the fees and fines associated with the
18licensing of regulated professions, trades, occupations, and
19industries by the Department of Financial and Professional
20Regulation a specific amount that shall be determined by the
21Secretary of the Department of Financial and Professional
22Regulation. The total amount transferred under this Section
23shall not exceed $9,600,000.
 
24    (30 ILCS 105/6z-81)

 

 

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1    Sec. 6z-81. Healthcare Provider Relief Fund.
2    (a) There is created in the State treasury a special fund
3to be known as the Healthcare Provider Relief Fund.
4    (b) The Fund is created for the purpose of receiving and
5disbursing moneys in accordance with this Section.
6Disbursements from the Fund shall be made only as follows:
7        (1) Subject to appropriation, for payment by the
8    Department of Healthcare and Family Services or by the
9    Department of Human Services of medical bills and related
10    expenses, including administrative expenses, for which the
11    State is responsible under Titles XIX and XXI of the Social
12    Security Act, the Illinois Public Aid Code, the Children's
13    Health Insurance Program Act, the Covering ALL KIDS Health
14    Insurance Act, and the Long Term Acute Care Hospital
15    Quality Improvement Transfer Program Act.
16        (2) For repayment of funds borrowed from other State
17    funds or from outside sources, including interest thereon.
18    (c) The Fund shall consist of the following:
19        (1) Moneys received by the State from short-term
20    borrowing pursuant to the Short Term Borrowing Act on or
21    after the effective date of this amendatory Act of the 96th
22    General Assembly.
23        (2) All federal matching funds received by the Illinois
24    Department of Healthcare and Family Services as a result of
25    expenditures made by the Department that are attributable
26    to moneys deposited in the Fund.

 

 

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1        (3) All federal matching funds received by the Illinois
2    Department of Healthcare and Family Services as a result of
3    federal approval of Title XIX State plan amendment
4    transmittal number 07-09.
5        (4) All other moneys received for the Fund from any
6    other source, including interest earned thereon.
7    (d) In addition to any other transfers that may be provided
8for by law, on the effective date of this amendatory Act of the
997th General Assembly, or as soon thereafter as practical, the
10State Comptroller shall direct and the State Treasurer shall
11transfer the sum of $365,000,000 from the General Revenue Fund
12into the Healthcare Provider Relief Fund.
13    (e) In addition to any other transfers that may be provided
14for by law, on July 1, 2011, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $160,000,000 from the
17General Revenue Fund to the Healthcare Provider Relief Fund.
18    (f) Notwithstanding any other State law to the contrary,
19and in addition to any other transfers that may be provided for
20by law, the State Comptroller shall order transferred and the
21State Treasurer shall transfer $500,000,000 to the Healthcare
22Provider Relief Fund from the General Revenue Fund in equal
23monthly installments of $100,000,000, with the first transfer
24to be made on July 1, 2012, or as soon thereafter as practical,
25and with each of the remaining transfers to be made on August
261, 2012, September 1, 2012, October 1, 2012, and November 1,

 

 

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12012, or as soon thereafter as practical. This transfer may
2assist the Department of Healthcare and Family Services in
3improving Medical Assistance bill processing timeframes or in
4meeting the possible requirements of Senate Bill 3397, or other
5similar legislation, of the 97th General Assembly should it
6become law.
7    (g) Notwithstanding any other State law to the contrary,
8and in addition to any other transfers that may be provided for
9by law, the State Comptroller shall order transferred and the
10State Treasurer shall transfer $151,000,000 to the Healthcare
11Provider Relief Fund from the General Revenue Fund in equal
12monthly installments of $37,750,000, with the first transfer to
13be made 30 days after the effective date of this amendatory Act
14of the 97th General Assembly, or as soon thereafter as
15practical, and with each of the remaining transfers to be made
1660, 90, and 120 days after the effective date of this
17amendatory Act of the 97th General Assembly, or as soon
18thereafter as practical.
19(Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11;
2097-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff.
216-14-12; 97-732, eff. 6-30-12; revised 7-10-12.)
 
22
ARTICLE 10. BOARDS AND COMMISSIONS

 
23    Section 10-5. The Department of Commerce and Economic
24Opportunity Law of the Civil Administrative Code of Illinois is

 

 

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1amended by changing Section 605-345 as follows:
 
2    (20 ILCS 605/605-345)  (was 20 ILCS 605/46.67)
3    Sec. 605-345. Pollution control industry incentives.
4Subject to appropriation, the The Department shall examine
5policies and incentives that will attract industries involved
6in the design, development, and construction of pollution
7control devices and shall implement those policies and
8incentives that the Department determines will attract those
9businesses.
10(Source: P.A. 91-239, eff. 1-1-00.)
 
11    (20 ILCS 605/605-75 rep.)
12    Section 10-10. The Department of Commerce and Economic
13Opportunity Law of the Civil Administrative Code of Illinois is
14amended by repealing Section 605-75.
 
15    Section 10-15. The Energy Conservation and Coal
16Development Act is amended by changing Section 3 as follows:
 
17    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
18    Sec. 3. Powers and Duties.
19    (a) In addition to its other powers, the Department has the
20following powers:
21        (1) To administer for the State any energy programs and
22    activities under federal law, regulations or guidelines,

 

 

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1    and to coordinate such programs and activities with other
2    State agencies, units of local government, and educational
3    institutions.
4        (2) To represent the State in energy matters involving
5    the federal government, other states, units of local
6    government, and regional agencies.
7        (3) To prepare energy contingency plans for
8    consideration by the Governor and the General Assembly.
9    Such plans shall include procedures for determining when a
10    foreseeable danger exists of energy shortages, including
11    shortages of petroleum, coal, nuclear power, natural gas,
12    and other forms of energy, and shall specify the actions to
13    be taken to minimize hardship and maintain the general
14    welfare during such energy shortages.
15        (4) To cooperate with State colleges and universities
16    and their governing boards in energy programs and
17    activities.
18        (5) (Blank).
19        (6) To accept, receive, expend, and administer,
20    including by contracts and grants to other State agencies,
21    any energy-related gifts, grants, cooperative agreement
22    funds, and other funds made available to the Department by
23    the federal government and other public and private
24    sources.
25        (7) To investigate practical problems, seek and
26    utilize financial assistance, implement studies and

 

 

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1    conduct research relating to the production, distribution
2    and use of alcohol fuels.
3        (8) To serve as a clearinghouse for information on
4    alcohol production technology; provide assistance,
5    information and data relating to the production and use of
6    alcohol; develop informational packets and brochures, and
7    hold public seminars to encourage the development and
8    utilization of the best available technology.
9        (9) To coordinate with other State agencies in order to
10    promote the maximum flow of information and to avoid
11    unnecessary overlapping of alcohol fuel programs. In order
12    to effectuate this goal, the Director of the Department or
13    his representative shall consult with the Directors, or
14    their representatives, of the Departments of Agriculture,
15    Central Management Services, Transportation, and Revenue,
16    the Office of the State Fire Marshal, and the Environmental
17    Protection Agency.
18        (10) To operate, within the Department, an Office of
19    Coal Development and Marketing for the promotion and
20    marketing of Illinois coal both domestically and
21    internationally. The Department may use monies
22    appropriated for this purpose for necessary administrative
23    expenses.
24        The Office of Coal Development and Marketing shall
25    develop and implement an initiative to assist the coal
26    industry in Illinois to increase its share of the

 

 

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1    international coal market.
2        (11) To assist the Department of Central Management
3    Services in establishing and maintaining a system to
4    analyze and report energy consumption of facilities leased
5    by the Department of Central Management Services.
6        (12) To consult with the Departments of Natural
7    Resources and Transportation and the Illinois
8    Environmental Protection Agency for the purpose of
9    developing methods and standards that encourage the
10    utilization of coal combustion by-products as value added
11    products in productive and benign applications.
12        (13) To provide technical assistance and information
13    to sellers and distributors of storage hot water heaters
14    doing business in Illinois, pursuant to Section 1 of the
15    Hot Water Heater Efficiency Act.
16    (b) (Blank).
17    (c) (Blank).
18    (d) The Department shall develop a package of educational
19materials regarding the necessity of waste reduction and
20recycling to reduce dependence on landfills and to maintain
21environmental quality. The materials developed shall be
22suitable for instructional use in grades 3, 4 and 5. The
23Department shall distribute such instructional material to all
24public elementary and unit school districts no later than
25November 1, of each year.
26    (e) (Blank). The Department shall study the feasibility of

 

 

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1requiring that wood and sawdust from construction waste,
2demolition projects, sawmills, or other projects or industries
3where wood is used in a large amount be shredded and composted,
4and that such wood be prohibited from being disposed of in a
5landfill. The Department shall report the results of this study
6to the General Assembly by January 1, 1991.
7    (f) (Blank).
8    (g) The Department shall develop a program designated to
9encourage the recycling of outdated telephone directories and
10to encourage the printing of new directories on recycled paper.
11The Department shall work in conjunction with printers and
12distributors of telephone directories distributed in the State
13to provide them with any technical assistance available in
14their efforts to procure appropriate recycled paper. The
15Department shall also encourage directory distributors to pick
16up outdated directories as they distribute new ones, and shall
17assist any distributor who is willing to do so in finding a
18recycler willing to purchase the old directories and in
19publicizing and promoting with citizens of the area the
20distributor's collection efforts and schedules.
21    (h) (Blank). The Department shall assist, cooperate with
22and provide necessary staff and resources for the Interagency
23Energy Conservation Committee, which shall be chaired by the
24Director of the Department.
25    (i) (Blank).
26(Source: P.A. 92-736, eff. 7-25-02.)
 

 

 

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1    Section 10-17. The Department of Public Health Powers and
2Duties Law of the Civil Administrative Code of Illinois is
3amended by changing Section 2310-367 as follows:
 
4    (20 ILCS 2310/2310-367)
5    Sec. 2310-367. Health Data Task Force; purpose;
6implementation plan.
7    (a) In accordance with the recommendations of the 2007
8State Health Improvement Plan, it is the policy of the State
9that, to the extent possible and consistent with privacy and
10other laws, State public health data and health-related
11administrative data are to be used to understand and report on
12the scope of health problems, plan prevention programs, and
13evaluate program effectiveness at the State and community
14level. It is a priority to use data to address racial, ethnic,
15and other health disparities. This system is intended to
16support State and community level public health planning, and
17is not intended to supplant or replace data-use agreements
18between State agencies and academic researchers for more
19specific research needs.
20    (b) (Blank). Within 30 days after August 24, 2007 (the
21effective date of Public Act 95-418), a Health Data Task Force
22shall be convened to create a system for public access to
23integrated health data. The Task Force shall consist of the
24following: the Director of Public Health or his or her

 

 

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1designee; the Director of Healthcare and Family Services or his
2or her designee; the Secretary of Human Services or his or her
3designee; the Director of the Department on Aging or his or her
4designee; the Director of Children and Family Services or his
5or her designee; the State Superintendent of Education or his
6or her designee; and other State officials as deemed
7appropriate by the Governor.
8    The Task Force shall be advised by a public advisory group
9consisting of community health data users, minority health
10advocates, local public health departments, and private data
11suppliers such as hospitals and other health care providers.
12Each member of the Task Force shall appoint 3 members of the
13public advisory group. The public advisory group shall assist
14the Task Force in setting goals, articulating user needs, and
15setting priorities for action.
16    The Department of Public Health is primarily responsible
17for providing staff and administrative support to the Task
18Force. The other State agencies represented on the Task Force
19shall work cooperatively with the Department of Public Health
20to provide administrative support to the Task Force. The
21Department of Public Health shall have ongoing responsibility
22for monitoring the implementation of the plan and shall have
23ongoing responsibility to identify new or emerging data or
24technology needs.
25    The State agencies represented on the Task Force shall
26review their health data, data collection, and dissemination

 

 

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1policies for opportunities to coordinate and integrate data and
2make data available within and outside State government in
3support of this State policy. To the extent possible, existing
4data infrastructure shall be used to create this system of
5public access to data. The Illinois Department of Health Care
6and Family Services data warehouse and the Illinois Department
7of Public Health IPLAN Data System may be the foundation of
8this system.
9    (c) (Blank). The Task Force shall produce a plan with a
10phased and prioritized implementation timetable focusing on
11assuring access to improving the quality of data necessary to
12understand health disparities. The Task Force shall submit an
13initial report to the General Assembly no later than July 1,
142008, and shall make annual reports to the General Assembly on
15or before July 1 of each year through 2011 of the progress
16toward implementing the plan.
17(Source: P.A. 97-813, eff. 7-13-12.)
 
18    (20 ILCS 2310/2310-372 rep.)
19    Section 10-20. The Department of Public Health Powers and
20Duties Law of the Civil Administrative Code of Illinois is
21amended by repealing Section 2310-372.
 
22    Section 10-25. The State Finance Act is amended by changing
23Sections 5h and 6z-17 as follows:
 

 

 

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1    (30 ILCS 105/5h)
2    Sec. 5h. Cash flow borrowing and general funds liquidity.
3    (a) In order to meet cash flow deficits and to maintain
4liquidity in the General Revenue Fund, the Healthcare Provider
5Relief Fund, and the Common School Fund, on and after July 1,
62010 and through June 30, 2011, the State Treasurer and the
7State Comptroller shall make transfers to the General Revenue
8Fund, the Healthcare Provider Relief Fund, or the Common School
9Fund, as directed by the Governor, out of special funds of the
10State, to the extent allowed by federal law. No transfer may be
11made from a fund under this Section that would have the effect
12of reducing the available balance in the fund to an amount less
13than the amount remaining unexpended and unreserved from the
14total appropriation from that fund estimated to be expended for
15that fiscal year. No such transfer may reduce the cumulative
16balance of all of the special funds of the State to an amount
17less than the total debt service payable during the 12 months
18immediately following the date of the transfer on any bonded
19indebtedness of the State and any certificates issued under the
20Short Term Borrowing Act. Notwithstanding any other provision
21of this Section, no such transfer may be made from any special
22fund that is exclusively collected by or appropriated to any
23other constitutional officer without the written approval of
24that constitutional officer.
25    (b) If moneys have been transferred to the General Revenue
26Fund, the Healthcare Provider Relief Fund, or the Common School

 

 

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1Fund pursuant to subsection (a) of this Section, this
2amendatory Act of the 96th General Assembly shall constitute
3the irrevocable and continuing authority for and direction to
4the State Treasurer and State Comptroller to reimburse the
5funds of origin from the General Revenue Fund, the Healthcare
6Provider Relief Fund, or the Common School Fund, as
7appropriate, by transferring to the funds of origin, at such
8times and in such amounts as directed by the Governor when
9necessary to support appropriated expenditures from the funds,
10an amount equal to that transferred from them plus any interest
11that would have accrued thereon had the transfer not occurred,
12except that any moneys transferred pursuant to subsection (a)
13of this Section shall be repaid to the fund of origin within 18
14months after the date on which they were borrowed.
15    (c) On the first day of each quarterly period in each
16fiscal year, until such time as a report indicates that all
17moneys borrowed and interest pursuant to this Section have been
18repaid, the Governor's Office of Management and Budget shall
19provide to the President and the Minority Leader of the Senate,
20the Speaker and the Minority Leader of the House of
21Representatives, and the Commission on Government Forecasting
22and Accountability a report on all transfers made pursuant to
23this Section in the prior quarterly period. The report must be
24provided in both written and electronic format. The report must
25include all of the following:
26        (1) The date each transfer was made.

 

 

09700HB2891sam007- 23 -LRB097 08743 HLH 73079 a

1        (2) The amount of each transfer.
2        (3) In the case of a transfer from the General Revenue
3    Fund, the Healthcare Provider Relief Fund, or the Common
4    School Fund to a fund of origin pursuant to subsection (b)
5    of this Section, the amount of interest being paid to the
6    fund of origin.
7        (4) The end of day balance of both the fund of origin
8    and the General Revenue Fund, the Healthcare Provider
9    Relief Fund, or the Common School Fund, whichever the case
10    may be, on the date the transfer was made.
11(Source: P.A. 96-958, eff. 7-1-10; 96-1500, eff. 1-18-11;
1297-72, eff. 7-1-11 (see also P.A. 97-613 regarding effective
13date of P.A. 97-72).)
 
14    (30 ILCS 105/6z-17)  (from Ch. 127, par. 142z-17)
15    Sec. 6z-17. Of the money paid into the State and Local
16Sales Tax Reform Fund: (i) subject to appropriation to the
17Department of Revenue, Municipalities having 1,000,000 or more
18inhabitants shall receive 20% and may expend such amount to
19fund and establish a program for developing and coordinating
20public and private resources targeted to meet the affordable
21housing needs of low-income and very low-income households
22within such municipality, (ii) 10% shall be transferred into
23the Regional Transportation Authority Occupation and Use Tax
24Replacement Fund, a special fund in the State treasury which is
25hereby created, (iii) until July 1, 2013, subject to

 

 

09700HB2891sam007- 24 -LRB097 08743 HLH 73079 a

1appropriation to the Department of Transportation, the The
2Madison County Mass Transit District shall receive .6%, and
3beginning on July 1, 2013, subject to appropriation to the
4Department of Revenue, 0.6% shall be distributed each month out
5of the Fund to the Madison County Mass Transit District, (iv)
6the following amounts, plus any cumulative deficiency in such
7transfers for prior months, shall be transferred monthly into
8the Build Illinois Fund and credited to the Build Illinois Bond
9Account therein:
10Fiscal YearAmount
111990$2,700,000
1219911,850,000
1319922,750,000
1419932,950,000
15    From Fiscal Year 1994 through Fiscal Year 2025 the transfer
16shall total $3,150,000 monthly, plus any cumulative deficiency
17in such transfers for prior months, and (v) the remainder of
18the money paid into the State and Local Sales Tax Reform Fund
19shall be transferred into the Local Government Distributive
20Fund and, except for municipalities with 1,000,000 or more
21inhabitants which shall receive no portion of such remainder,
22shall be distributed, subject to appropriation, in the manner
23provided by Section 2 of "An Act in relation to State revenue
24sharing with local government entities", approved July 31,
251969, as now or hereafter amended. Municipalities with more
26than 50,000 inhabitants according to the 1980 U.S. Census and

 

 

09700HB2891sam007- 25 -LRB097 08743 HLH 73079 a

1located within the Metro East Mass Transit District receiving
2funds pursuant to provision (v) of this paragraph may expend
3such amounts to fund and establish a program for developing and
4coordinating public and private resources targeted to meet the
5affordable housing needs of low-income and very low-income
6households within such municipality.
7(Source: P.A. 95-708, eff. 1-18-08.)
 
8    Section 10-27. The Federal Stimulus Tracking Act is amended
9by changing Section 5 as follows:
 
10    (30 ILCS 270/5)
11    (Section scheduled to be repealed on January 1, 2015)
12    Sec. 5. Federal stimulus tracking.
13    (a) The Governor's Office, or a designated State agency,
14shall track and report by means of a quarterly monthly report
15the State's spending of the federal stimulus moneys provided
16pursuant to the American Recovery and Reinvestment Act of 2009.
17    (b) Each quarterly monthly report shall list the amount of
18the State's federal stimulus spending, by category, based on
19available federal and State data. The reports may also list any
20required matching funds required by the State to be eligible
21for federal stimulus funding. The reports may make
22recommendations (i) concerning ways for Illinois to maximize
23its share of federal stimulus spending or (ii) suggesting
24changes to Illinois law that could help to maximize its share

 

 

09700HB2891sam007- 26 -LRB097 08743 HLH 73079 a

1of federal stimulus spending. A final report compiling data
2from the quarterly monthly reports shall be available online at
3the conclusion of the American Recovery and Reinvestment Act
4program or by December 31, 2014, whichever occurs first.
5    (c) The reports shall be available on a State of Illinois
6website and filed with the Speaker and Minority Leader of the
7House and the President and Minority Leader of the Senate.
8    (d) The General Assembly may by resolution request that
9specific data, findings, or analyses be included in a monthly
10report. The Commission on Government Forecasting and
11Accountability shall provide the Governor's Office technical,
12analytical, and substantive assistance in preparing the
13requested data, findings, or analyses.
14    (e) This Act is repealed on January 1, 2015.
15(Source: P.A. 96-169, eff. 8-10-09.)
 
16    Section 10-30. The General Obligation Bond Act is amended
17by changing Section 11 as follows:
 
18    (30 ILCS 330/11)  (from Ch. 127, par. 661)
19    Sec. 11. Sale of Bonds. Except as otherwise provided in
20this Section, Bonds shall be sold from time to time pursuant to
21notice of sale and public bid or by negotiated sale in such
22amounts and at such times as is directed by the Governor, upon
23recommendation by the Director of the Governor's Office of
24Management and Budget. At least 25%, based on total principal

 

 

09700HB2891sam007- 27 -LRB097 08743 HLH 73079 a

1amount, of all Bonds issued each fiscal year shall be sold
2pursuant to notice of sale and public bid. At all times during
3each fiscal year, no more than 75%, based on total principal
4amount, of the Bonds issued each fiscal year, shall have been
5sold by negotiated sale. Failure to satisfy the requirements in
6the preceding 2 sentences shall not affect the validity of any
7previously issued Bonds; provided that all Bonds authorized by
8Public Act 96-43 and this amendatory Act of the 96th General
9Assembly shall not be included in determining compliance for
10any fiscal year with the requirements of the preceding 2
11sentences; and further provided that refunding Bonds
12satisfying the requirements of Section 16 of this Act and sold
13during fiscal year 2009, 2010, or 2011 shall not be subject to
14the requirements in the preceding 2 sentences.
15    If any Bonds, including refunding Bonds, are to be sold by
16negotiated sale, the Director of the Governor's Office of
17Management and Budget shall comply with the competitive request
18for proposal process set forth in the Illinois Procurement Code
19and all other applicable requirements of that Code.
20    If Bonds are to be sold pursuant to notice of sale and
21public bid, the Director of the Governor's Office of Management
22and Budget may shall, from time to time, as Bonds are to be
23sold, advertise the sale of the Bonds in at least 2 daily
24newspapers, one of which is published in the City of
25Springfield and one in the City of Chicago. The sale of the
26Bonds shall also be advertised in the volume of the Illinois

 

 

09700HB2891sam007- 28 -LRB097 08743 HLH 73079 a

1Procurement Bulletin that is published by the Department of
2Central Management Services, and . Each of the advertisements
3for proposals shall be published once at least 10 days prior to
4the date fixed for the opening of the bids. The Director of the
5Governor's Office of Management and Budget may reschedule the
6date of sale upon the giving of such additional notice as the
7Director deems adequate to inform prospective bidders of such
8change; provided, however, that all other conditions of the
9sale shall continue as originally advertised.
10    Executed Bonds shall, upon payment therefor, be delivered
11to the purchaser, and the proceeds of Bonds shall be paid into
12the State Treasury as directed by Section 12 of this Act.
13(Source: P.A. 96-18, eff. 6-26-09; 96-43, eff. 7-15-09;
1496-1497, eff. 1-14-11.)
 
15    Section 10-35. The Build Illinois Bond Act is amended by
16changing Section 8 as follows:
 
17    (30 ILCS 425/8)  (from Ch. 127, par. 2808)
18    Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
19in this Section, shall be sold from time to time pursuant to
20notice of sale and public bid or by negotiated sale in such
21amounts and at such times as are directed by the Governor, upon
22recommendation by the Director of the Governor's Office of
23Management and Budget. At least 25%, based on total principal
24amount, of all Bonds issued each fiscal year shall be sold

 

 

09700HB2891sam007- 29 -LRB097 08743 HLH 73079 a

1pursuant to notice of sale and public bid. At all times during
2each fiscal year, no more than 75%, based on total principal
3amount, of the Bonds issued each fiscal year shall have been
4sold by negotiated sale. Failure to satisfy the requirements in
5the preceding 2 sentences shall not affect the validity of any
6previously issued Bonds; and further provided that refunding
7Bonds satisfying the requirements of Section 15 of this Act and
8sold during fiscal year 2009, 2010, or 2011 shall not be
9subject to the requirements in the preceding 2 sentences.
10    If any Bonds are to be sold pursuant to notice of sale and
11public bid, the Director of the Governor's Office of Management
12and Budget shall comply with the competitive request for
13proposal process set forth in the Illinois Procurement Code and
14all other applicable requirements of that Code.
15    If Bonds are to be sold pursuant to notice of sale and
16public bid, the Director of the Governor's Office of Management
17and Budget may shall, from time to time, as Bonds are to be
18sold, advertise the sale of the Bonds in at least 2 daily
19newspapers, one of which is published in the City of
20Springfield and one in the City of Chicago. The sale of the
21Bonds shall also be advertised in the volume of the Illinois
22Procurement Bulletin that is published by the Department of
23Central Management Services, and . Each of the advertisements
24for proposals shall be published once at least 10 days prior to
25the date fixed for the opening of the bids. The Director of the
26Governor's Office of Management and Budget may reschedule the

 

 

09700HB2891sam007- 30 -LRB097 08743 HLH 73079 a

1date of sale upon the giving of such additional notice as the
2Director deems adequate to inform prospective bidders of the
3change; provided, however, that all other conditions of the
4sale shall continue as originally advertised. Executed Bonds
5shall, upon payment therefor, be delivered to the purchaser,
6and the proceeds of Bonds shall be paid into the State Treasury
7as directed by Section 9 of this Act. The Governor or the
8Director of the Governor's Office of Management and Budget is
9hereby authorized and directed to execute and deliver contracts
10of sale with underwriters and to execute and deliver such
11certificates, indentures, agreements and documents, including
12any supplements or amendments thereto, and to take such actions
13and do such things as shall be necessary or desirable to carry
14out the purposes of this Act. Any action authorized or
15permitted to be taken by the Director of the Governor's Office
16of Management and Budget pursuant to this Act is hereby
17authorized to be taken by any person specifically designated by
18the Governor to take such action in a certificate signed by the
19Governor and filed with the Secretary of State.
20(Source: P.A. 96-18, eff. 6-26-09.)
 
21    Section 10-40. The Industrial Development Assistance Law
22is amended by changing Section 3 as follows:
 
23    (30 ILCS 720/3)  (from Ch. 85, par. 893)
24    Sec. 3. Definitions. "Department" means the Department of

 

 

09700HB2891sam007- 31 -LRB097 08743 HLH 73079 a

1Commerce and Economic Opportunity.
2    "Governing bodies" means, as to any county, municipality or
3township, the body empowered to enact ordinances or to adopt
4resolutions for the governance of such county, municipality or
5township.
6    "Industrial development agency" means any nonprofit
7corporation, organization, association or agency which shall
8be designated by proper resolution of the governing body of any
9county, concurred in by resolution of the governing bodies of
10municipalities or townships within said county having in the
11aggregate over 50% of the population of said county, as
12determined by the last preceding decennial United States
13Census, as the agency authorized to make application to and
14receive grants, subject to appropriation, from the Department
15of Commerce and Economic Opportunity for the purposes specified
16in this Act. Any two or more counties may, by the procedures
17provided in this Act, designate a single industrial development
18agency to represent such counties for the purposes of this Act.
19(Source: P.A. 94-793, eff. 5-19-06.)
 
20    Section 10-45. The Build Illinois Act is amended by
21changing Section 9-4.5 as follows:
 
22    (30 ILCS 750/9-4.5)
23    Sec. 9-4.5. Community economic development project.
24    (a) Subject to appropriation, the The Department shall

 

 

09700HB2891sam007- 32 -LRB097 08743 HLH 73079 a

1establish a comprehensive community economic development
2project. The project shall provide technical assistance to 5
3communities for the following purposes:
4        (1) To develop a comprehensive understanding of the
5    community.
6        (2) To plan for industrial retention and development.
7        (3) To establish an early warning network to warn of
8    potential business closings.
9        (4) To provide on-going technical assistance in areas
10    including, but not limited to, succession planning;
11    acquisition of companies by local entrepreneurs, with
12    special encouragement for minorities, women, and groups of
13    employees; job training; and technology improvement.
14    (b) Subject to appropriation, the The Department shall
15select the communities that participate in the project through
16a competitive process open to all communities in Illinois. For
17purposes of this Section, "community" includes municipalities,
18other units of local government, and neighborhoods and regions
19within municipalities or other units of local government.
20Community direction of the project and the capacity of the
21community to fulfill project goals established by the
22Department shall be prerequisites for participation. The
23Department shall issue rules establishing the competitive
24process.
25(Source: P.A. 88-191; 88-670, eff. 12-2-94.)
 

 

 

09700HB2891sam007- 33 -LRB097 08743 HLH 73079 a

1    (50 ILCS 330/5 rep.)
2    Section 10-50. The Illinois Municipal Budget Law is amended
3by repealing Section 5.
 
4    (205 ILCS 205/8006 rep.)
5    Section 10-60. The Savings Bank Act is amended by repealing
6Section 8006.
 
7    Section 10-65. The Sales Finance Agency Act is amended by
8changing Section 13 as follows:
 
9    (205 ILCS 660/13)  (from Ch. 17, par. 5231)
10    Sec. 13. Rules. The Department may make and enforce such
11reasonable rules, regulations, directions, orders, decisions
12and findings as the execution and enforcement of this Act
13require, and as are not inconsistent therewith. In addition,
14the Department may promulgate rules in connection with the
15activities of licensees that are necessary and appropriate for
16the protection of consumers in this State. All rules and
17regulations shall be posted on the Department's website. Upon
18the written request of a licensee, printed and copies thereof
19shall be printed and mailed to the licensee all licensees.
20(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
 
21    Section 10-70. The Consumer Installment Loan Act is amended
22by changing Section 22 as follows:
 

 

 

09700HB2891sam007- 34 -LRB097 08743 HLH 73079 a

1    (205 ILCS 670/22)  (from Ch. 17, par. 5428)
2    Sec. 22. Rules and regulations. The Department may make and
3enforce such reasonable rules, regulations, directions,
4orders, decisions, and findings as the execution and
5enforcement of the provisions of this Act require, and as are
6not inconsistent therewith. In addition, the Department may
7promulgate rules in connection with the activities of licensees
8that are necessary and appropriate for the protection of
9consumers in this State. All rules, regulations and directions
10of a general character shall be posted on the Department's
11website. Upon the written request of a licensee, printed and
12copies thereof shall be printed and mailed to the licensee all
13licensees.
14(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
 
15    Section 10-75. The Illinois Chemical Safety Act is amended
16by changing Section 3 as follows:
 
17    (430 ILCS 45/3)  (from Ch. 111 1/2, par. 953)
18    Sec. 3. Definitions. For the purposes of this Act:
19    "Agency" means the Illinois Environmental Protection
20Agency.
21    "Business" means any individual, partnership, corporation,
22or association in the State engaged in a business operation
23that has 5 or more full-time employees, or 20 or more part-time

 

 

09700HB2891sam007- 35 -LRB097 08743 HLH 73079 a

1employees, and that is properly assigned or included within one
2of the following Standard Industrial Classifications (SIC), as
3designated in the Standard Industrial Classification Manual
4prepared by the Federal Office of Management and Budget:
5    2295 Coated fabrics, not rubberized;
6    2491 Wood preserving;
7    2671 Packaging paper and plastics film, coated and
8laminated;
9    2672 Coated and laminated paper, not elsewhere classified;
10    2812 Alkalies and chlorine;
11    2813 Industrial gases;
12    2819 Industrial inorganic chemicals, not elsewhere
13classified;
14    2821 Plastic materials, synthetic resins, and
15non-vulcanizable elastomers;
16    2834 Pharmaceutical preparations;
17    2842 Specialty cleaning, polishing and sanitation
18preparations;
19    2851 Paints, varnishes, lacquers, enamels, and allied
20products;
21    2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
22dyes and organic pigments (lakes and toners);
23    2869 Industrial organic chemicals, not elsewhere
24classified;
25    2873 Nitrogenous fertilizer;
26    2874 Phosphatic fertilizers;

 

 

09700HB2891sam007- 36 -LRB097 08743 HLH 73079 a

1    2879 Pesticides and agricultural chemicals, not elsewhere
2classified;
3    2891 Adhesives and sealants;
4    2892 Explosives;
5    2911 Petroleum refining;
6    2952 Asphalt felts and coatings;
7    2999 Products of petroleum and coal, not elsewhere
8classified;
9    3081 Unsupported plastics, film and sheet;
10    3082 Unsupported plastics profile shapes;
11    3083 Laminated plastics plate, sheet and profile shapes;
12    3084 Plastic pipe;
13    3085 Plastic bottles;
14    3086 Plastic foam products;
15    3087 Custom compounding of purchased plastic resin;
16    3088 Plastic plumbing fixtures;
17    3089 Plastic products, not elsewhere classified;
18    3111 Leather tanning and finishing;
19    3339 Primary smelting and refining of nonferrous metals,
20except copper and aluminum;
21    3432 Plumbing fixture fittings and trim;
22    3471 Electroplating, plating, polishing, anodizing and
23coloring;
24    4953 Refuse systems;
25    5085 Industrial supplies;
26    5162 Plastic materials and basic forms and shapes;

 

 

09700HB2891sam007- 37 -LRB097 08743 HLH 73079 a

1    5169 Chemicals and allied products, not elsewhere
2classified;
3    5171 Petroleum bulk stations and terminals;
4    5172 Petroleum and petroleum products, wholesalers, except
5bulk stations and terminals.
6    For the purposes of this Act, the SIC Code that a business
7uses for determining its coverage under The Unemployment
8Insurance Act shall be the SIC Code for determining the
9applicability of this Act. On an annual basis, the Department
10of Employment Security shall provide the IEMA with a list of
11those regulated facilities covered by the above mentioned SIC
12codes.
13    "Business" also means any facility not covered by the above
14SIC codes that is subject to the provisions of Section 302 of
15the federal Emergency Planning and Community Right-to-Know Act
16of 1986 and that is found by the Agency to use, store, or
17manufacture a chemical substance in a quantity that poses a
18threat to the environment or public health. Such a
19determination shall be based on an on-site inspection conducted
20by the Agency and certified to the IEMA. The Agency shall also
21conduct inspections at the request of IEMA or upon a written
22request setting forth a justification to the IEMA from the
23chairman of the local emergency planning committee upon
24recommendation of the committee. The IEMA shall transmit a copy
25of the request to the Agency. The Agency may, in the event of a
26reportable release that occurs at any facility operated or

 

 

09700HB2891sam007- 38 -LRB097 08743 HLH 73079 a

1owned by a business not covered by the above SIC codes, conduct
2inspections if the site hazard appears to warrant such action.
3The above notwithstanding, any farm operation shall not be
4considered as a facility subject to this definition.
5    Notwithstanding the above, for purposes of this Act,
6"business" does not mean any facility for which the
7requirements promulgated at Part 1910.119 of Title 29 of the
8Code of Federal Regulations are applicable or which has
9completed and submitted the plan required by Part 68 of Title
1040 of the Code of Federal Regulations, provided that such
11business conducts and documents in writing an assessment for
12any instance where the Agency provides notice that a
13significant release of a chemical substance has occurred at a
14facility. Such assessment shall explain the nature, cause and
15known effects of the release, any mitigating actions taken, and
16preventive measures that can be employed to avoid a future
17release. Such assessment shall be available at the facility for
18review within 30 days after the Agency notifies the facility
19that a significant release has occurred. The Agency may provide
20written comments to the business following an on-site review of
21an assessment.
22    "Chemical name" means the scientific designation of a
23chemical in accordance with the nomenclature system developed
24by the International Union of Pure and Applied Chemistry
25(IUPAC) or the American Chemical Society's Chemical Abstracts
26Service (CAS) rules of nomenclature, or a name that will

 

 

09700HB2891sam007- 39 -LRB097 08743 HLH 73079 a

1clearly identify the chemical for hazard evaluation purposes.
2    "Chemical substance" means any "extremely hazardous
3substance" listed in Appendix A of 40 C.F.R. Part 355 that is
4present at a facility in an amount in excess of its threshold
5planning quantity, any "hazardous substance" listed in 40
6C.F.R. Section 302.4 that is present at a facility in an amount
7in excess of its reportable quantity or in excess of its
8threshold planning quantity if it is also an "extremely
9hazardous substance", and any petroleum including crude oil or
10any fraction thereof that is present at a facility in an amount
11exceeding 100 pounds unless it is specifically listed as a
12"hazardous substance" or an "extremely hazardous substance".
13"Chemical substance" does not mean any substance to the extent
14it is used for personal, family, or household purposes or to
15the extent it is present in the same form and concentration as
16a product packaged for distribution to and use by the general
17public.
18    "IEMA" means the Illinois Emergency Management Agency.
19    "Facility" means the buildings and all real property
20contiguous thereto, and the equipment at a single location used
21for the conduct of business.
22    "Local emergency planning committee" means the committee
23that is appointed for an emergency planning district under the
24provisions of Section 301 of the federal Emergency Planning and
25Community Right-to-Know Act of 1986.
26    "Release" means any sudden spilling, leaking, pumping,

 

 

09700HB2891sam007- 40 -LRB097 08743 HLH 73079 a

1pouring, emitting, escaping, emptying, discharging, injecting,
2leaching, dumping, or disposing into the environment beyond the
3boundaries of a facility, but excludes the following:
4        (a) Any release that results in exposure to persons
5    solely within a workplace, with respect to a claim that
6    such persons may assert against their employer.
7        (b) Emissions from the engine exhaust of a motor
8    vehicle, rolling stock, aircraft, vessel, or pipeline
9    pumping station engine.
10        (c) Release of source, byproduct, or special nuclear
11    material from a nuclear incident, as those terms are
12    defined in the Atomic Energy Act of 1954, if the release is
13    subject to requirements with respect to financial
14    protection established by the Nuclear Regulatory
15    Commission under Section 170 of the Atomic Energy Act of
16    1954.
17        (d) The normal application of fertilizer.
18    "Significant release" means any release which is so
19designated in writing by the Agency or the IEMA based upon an
20inspection at the site of an emergency incident, or any release
21which results in any evacuation, hospitalization, or
22fatalities of the public.
23(Source: P.A. 97-333, eff. 8-12-11.)
 
24    (625 ILCS 5/15-115 rep.)
25    Section 10-80. The Illinois Vehicle Code is amended by

 

 

09700HB2891sam007- 41 -LRB097 08743 HLH 73079 a

1repealing Section 15-115.
 
2    Section 10-85. The Payday Loan Reform Act is amended by
3changing Section 4-30 as follows:
 
4    (815 ILCS 122/4-30)
5    Sec. 4-30. Rulemaking; industry review.
6    (a) The Department may make and enforce such reasonable
7rules, regulations, directions, orders, decisions, and
8findings as the execution and enforcement of the provisions of
9this Act require, and as are not inconsistent therewith. All
10rules, regulations, and directions of a general character shall
11be posted on the Department's website. Upon the written request
12of a licensee, printed and copies thereof shall be printed and
13mailed to the licensee all licensees.
14    (b) Within 6 months after the effective date of this Act,
15the Department shall promulgate reasonable rules regarding the
16issuance of payday loans by banks, savings banks, savings and
17loan associations, credit unions, and insurance companies.
18These rules shall be consistent with this Act and shall be
19limited in scope to the actual products and services offered by
20lenders governed by this Act.
21    (c) After the effective date of this Act, the Department
22shall, over a 3-year period, conduct a study of the payday loan
23industry to determine the impact and effectiveness of this Act.
24The Department shall report its findings to the General

 

 

09700HB2891sam007- 42 -LRB097 08743 HLH 73079 a

1Assembly within 3 months of the third anniversary of the
2effective date of this Act. The study shall determine the
3effect of this Act on the protection of consumers in this State
4and on the fair and reasonable regulation of the payday loan
5industry. The study shall include, but shall not be limited to,
6an analysis of the ability of the industry to use private
7reporting tools that:
8        (1) ensure substantial compliance with this Act,
9    including real time reporting of outstanding payday loans;
10    and
11        (2) provide data to the Department in an appropriate
12    form and with appropriate content to allow the Department
13    to adequately monitor the industry.
14    The report of the Department shall, if necessary, identify
15and recommend specific amendments to this Act to further
16protect consumers and to guarantee fair and reasonable
17regulation of the payday loan industry.
18(Source: P.A. 94-13, eff. 12-6-05.)
 
19
ARTICLE 99. EFFECTIVE DATE

 
20    Section 99-99. Effective date. This Act takes effect upon
21becoming law.".