Rep. Charles G. Morrow III
Filed: 3/19/2004
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1 | AMENDMENT TO HOUSE BILL 5042
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2 | AMENDMENT NO. ______. Amend House Bill 5042 on page 1, | ||||||
3 | immediately below line 3 by inserting the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Nuclear Safety Law of 2004. | ||||||
6 | Section 5. Cross references. The Illinois Emergency | ||||||
7 | Management Agency shall exercise, administer, and enforce all | ||||||
8 | rights, powers, and duties vested in Department of Nuclear | ||||||
9 | Safety by the following named Acts or Sections of those Acts: | ||||||
10 | (1) The Radiation Protection Act of 1990.
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11 | (2) The Radioactive Waste Storage Act. | ||||||
12 | (3) The Personnel Radiation Monitoring Act.
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13 | (4) The Laser System Act of 1997.
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14 | (5) The Illinois Nuclear Safety Preparedness Act.
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15 | (6) The Radioactive Waste Compact Enforcement Act.
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16 | (7) Illinois Low-Level Radioactive Waste Management | ||||||
17 | Act.
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18 | (8) Illinois Nuclear Facility Safety Act.
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19 | (9) Radioactive Waste Tracking and Permitting Act.
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20 | (10) Radon Industry Licensing Act.
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21 | (11) Uranium and Thorium Mill Tailings Control Act.
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22 | Section 10. Nuclear and radioactive materials disposal. | ||||||
23 | The Illinois Emergency Management Agency shall formulate a |
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1 | comprehensive plan regarding disposal of nuclear and | ||||||
2 | radioactive materials in this State. The Illinois Emergency | ||||||
3 | Management Agency shall establish minimum standards for | ||||||
4 | disposal sites, shall evaluate and publicize potential effects | ||||||
5 | on the public health and safety, and shall report to the | ||||||
6 | Governor and General Assembly all violations of the adopted | ||||||
7 | standards. In carrying out this function, the Illinois | ||||||
8 | Emergency Management Agency shall work in cooperation with the | ||||||
9 | Radiation Protection Advisory Council. | ||||||
10 | Section 15. Radiation sources; radioactive waste disposal. | ||||||
11 | The Illinois Emergency Management Agency, instead of the | ||||||
12 | Department of Nuclear Safety, shall register, license, | ||||||
13 | inspect, and control radiation sources, shall purchase, lease, | ||||||
14 | accept, or acquire lands, buildings, and grounds where | ||||||
15 | radioactive wastes can be disposed, and shall supervise and | ||||||
16 | regulate the operation of the disposal sites. | ||||||
17 | Section 20. Nuclear waste sites. | ||||||
18 | (a) The Illinois Emergency Management Agency shall conduct | ||||||
19 | a survey and prepare and publish a list of sites in the State | ||||||
20 | where nuclear waste has been deposited, treated, or stored.
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21 | (b) The Illinois Emergency Management Agency shall monitor
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22 | radioactive waste processing, use, handling, storage, and | ||||||
23 | disposal practices
in the State, and shall determine existing | ||||||
24 | and expected rates of production of nuclear wastes.
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25 | (c) The Illinois Emergency Management Agency shall compile | ||||||
26 | and make available to the public an annual report identifying | ||||||
27 | the type and quantities of radioactive waste generated, stored, | ||||||
28 | treated, or disposed of within this State and containing the | ||||||
29 | other information required to be collected under this Section.
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30 | Section 25. Boiler and pressure vessel safety. The Illinois | ||||||
31 | Emergency Management Agency shall exercise, administer, and |
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1 | enforce all of the following rights, powers, and duties:
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2 | (1) Rights, powers, and duties vested in the Department | ||||||
3 | of Nuclear Safety by the Boiler and Pressure Vessel Safety | ||||||
4 | Act prior to the abolishment of the Department of Nuclear | ||||||
5 | Safety, to the extent the rights, powers, and duties relate | ||||||
6 | to nuclear steam-generating facilities.
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7 | (2) Rights, powers, and duties relating to nuclear | ||||||
8 | steam-generating facilities vested in the Department of | ||||||
9 | Nuclear Safety by the Boiler and Pressure Vessel Safety Act | ||||||
10 | prior to the abolishment of the Department of Nuclear | ||||||
11 | Safety, which include but are not limited to the | ||||||
12 | formulation of definitions, rules, and regulations for the | ||||||
13 | safe and proper construction, installation, repair, use, | ||||||
14 | and operation of nuclear steam-generating facilities, the | ||||||
15 | adoption of rules for already installed nuclear | ||||||
16 | steam-generating facilities, the adoption of rules for | ||||||
17 | accidents in nuclear steam-generating facilities, the | ||||||
18 | examination for or suspension of inspectors' licenses of | ||||||
19 | the facilities, and the hearing of appeals from decisions | ||||||
20 | relating to the facilities.
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21 |
(3) Rights, powers, and duties relating to nuclear | ||||||
22 | steam-generating facilities, vested in the State Fire | ||||||
23 | Marshal, the Chief Inspector, or the Department of Nuclear | ||||||
24 | Safety prior to its abolishment, by the Boiler and Pressure | ||||||
25 | Vessel Safety Act, which include but are not limited to the | ||||||
26 | employment of inspectors of nuclear steam-generating | ||||||
27 | facilities, issuance or suspension of their commissions, | ||||||
28 | prosecution of the Act or rules promulgated thereunder for | ||||||
29 | violations by nuclear steam-generating facilities, | ||||||
30 | maintenance of inspection records of all the facilities, | ||||||
31 | publication of rules relating to the facilities, having | ||||||
32 | free access to the facilities, issuance of inspection | ||||||
33 | certificates of the facilities, and the furnishing of bonds | ||||||
34 | conditioned upon the faithful performance of their duties. |
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1 | The Director of Illinois Emergency Management Agency may | ||||||
2 | designate a Chief Inspector, or other inspectors, as he or | ||||||
3 | she deems necessary to perform the functions transferred by | ||||||
4 | this Section.
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5 | The transfer of rights, powers, and duties specified in | ||||||
6 | paragraphs (1), (2), and (3) is limited to the program | ||||||
7 | transferred by this Act and shall not be deemed to abolish or | ||||||
8 | diminish the exercise of those same rights, powers, and duties | ||||||
9 | by the Office of the State Fire Marshal, the Board of Boiler | ||||||
10 | and Pressure Vessel Rules, the State Fire Marshal, or the Chief | ||||||
11 | Inspector with respect to programs retained by the Office of | ||||||
12 | the State Fire Marshal.
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13 | Section 30. Powers vested in Environmental Protection | ||||||
14 | Agency. | ||||||
15 | (a) The Illinois Emergency Management Agency shall | ||||||
16 | exercise, administer, and enforce all rights, powers, and | ||||||
17 | duties vested in the Environmental Protection Agency by | ||||||
18 | paragraphs a, b, c, d, e, f, g, h, i, j, k, 1, m, n, o, p, q, | ||||||
19 | and r of Section 4 and by Sections 30 through 45 of the | ||||||
20 | Environmental Protection Act, to the extent that these powers | ||||||
21 | relate to standards of the Pollution Control Board adopted | ||||||
22 | under Section 35 of this Act. The transfer of rights, powers, | ||||||
23 | and duties specified in this Section is limited to the programs | ||||||
24 | transferred by Public Act 81-1516 and this Act and shall not be | ||||||
25 | deemed to abolish or diminish the exercise of those same | ||||||
26 | rights, powers, and duties by the Environmental Protection | ||||||
27 | Agency with respect to programs retained by the Environmental | ||||||
28 | Protection Agency.
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29 | (b) Notwithstanding provisions in Sections 4 and 17.7 of | ||||||
30 | the Environmental Protection Act, the Environmental Protection | ||||||
31 | Agency is not required to perform analytical services for | ||||||
32 | community water supplies to determine compliance with | ||||||
33 | contaminant levels for radionuclides as specified in State or |
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1 | federal drinking water regulations.
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2 | (c) Community water supplies may request the Illinois | ||||||
3 | Emergency Management Agency to perform analytical services to | ||||||
4 | determine compliance with contaminant levels for radionuclides | ||||||
5 | as specified in State or federal drinking water regulations. | ||||||
6 | The Illinois Emergency Management Agency must adopt rules | ||||||
7 | establishing reasonable fees reflecting the direct and | ||||||
8 | indirect cost of testing community water supply samples. The | ||||||
9 | rules may require a community water supply to commit to | ||||||
10 | participation in the Illinois Emergency Management Agency's | ||||||
11 | testing program. Neither the Illinois Emergency Management | ||||||
12 | Agency nor the Environmental Protection Agency is required to | ||||||
13 | perform analytical services to determine contaminant levels | ||||||
14 | for radionuclides from any community water supply that does not | ||||||
15 | participate in the Illinois Emergency Management Agency's | ||||||
16 | testing program.
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17 | Community water supplies that choose not to participate in | ||||||
18 | the Illinois Emergency Management Agency's testing program or | ||||||
19 | do not pay
the fees established by the Illinois Emergency | ||||||
20 | Management Agency shall have the duty to analyze all drinking | ||||||
21 | water samples as required by State or federal safe drinking | ||||||
22 | water regulations to determine radionuclide contaminant | ||||||
23 | levels.
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24 | Section 35. Pollution Control Board regulations concerning | ||||||
25 | nuclear plants. The Illinois Emergency Management Agency shall | ||||||
26 | enforce the regulations promulgated by the Pollution Control | ||||||
27 | Board under Section 25b of the Environmental Protection Act. | ||||||
28 | Under these regulations the Illinois Emergency Management | ||||||
29 | Agency shall require that a person, corporation, or public | ||||||
30 | authority intending to construct a nuclear steam-generating | ||||||
31 | facility or a nuclear fuel reprocessing plant file with the | ||||||
32 | Illinois Emergency Management Agency an environmental | ||||||
33 | feasibility report that incorporates the data provided in the |
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1 | preliminary safety analysis required to be filed with the | ||||||
2 | United States Nuclear Regulatory Commission. | ||||||
3 | Section 40. Regulation of nuclear safety. The Illinois | ||||||
4 | Emergency Management Agency shall have primary responsibility | ||||||
5 | for the coordination and oversight of all State governmental | ||||||
6 | functions concerning the regulation of nuclear power, | ||||||
7 | including low level waste management, environmental | ||||||
8 | monitoring, and transportation of nuclear waste. Functions | ||||||
9 | performed by the Department of State Police and the Department | ||||||
10 | of Transportation in the area of nuclear safety, on the | ||||||
11 | effective date of this Act, may continue to be performed by | ||||||
12 | these agencies but under the direction of the Illinois | ||||||
13 | Emergency Management Agency. All other governmental functions | ||||||
14 | regulating nuclear safety shall be coordinated by Illinois | ||||||
15 | Emergency Management Agency. | ||||||
16 | Section 45. Appointment of Assistant Director. The | ||||||
17 | Assistant Director shall be an officer appointed by the | ||||||
18 | Governor, with the advice and consent of the
Senate, and shall | ||||||
19 | serve for a term of 2 years beginning on the third Monday in | ||||||
20 | January of the odd-numbered year, and until a successor is | ||||||
21 | appointed and has qualified; except that the first Assistant | ||||||
22 | Director under this Act shall be the Director of the Department | ||||||
23 | of Nuclear Safety. The Assistant Director shall not hold any | ||||||
24 | other remunerative public office. The Assistant Director shall | ||||||
25 | receive an annual salary as set by the Governor from time to | ||||||
26 | time or the amount set by the Compensation Review Board, | ||||||
27 | whichever is higher. If set by the Governor, the Assistant | ||||||
28 | Director's annual salary may not exceed 85% of the Governor's | ||||||
29 | annual salary.
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30 | Section 50. Personnel transferred. Personnel previously | ||||||
31 | assigned to the programs transferred from the Department of |
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1 | Nuclear Safety are hereby transferred to the Illinois Emergency | ||||||
2 | Management Agency. All personnel shall initially constitute | ||||||
3 | probationary employees under the Personnel Code. The | ||||||
4 | Department of Central Management Services shall establish a | ||||||
5 | procedure for qualification and retention of personnel in | ||||||
6 | accordance with the Personnel Code. The rights of the | ||||||
7 | employees, the State, and executive agencies under the | ||||||
8 | Personnel Code, any collective bargaining agreement, or any | ||||||
9 | pension, retirement, or annuity plan shall not be affected by | ||||||
10 | this Act. | ||||||
11 | Section 55. Records and property transferred. All books, | ||||||
12 | records, papers, documents, property (real or personal), | ||||||
13 | unexpended appropriations, and pending business in any way | ||||||
14 | pertaining to the rights, powers, and duties transferred by | ||||||
15 | this Act shall be delivered and transferred to the Illinois | ||||||
16 | Emergency Management Agency. | ||||||
17 | Section 60. Data available to Department of Public Health. | ||||||
18 | All files, records, and data gathered by or under the direction | ||||||
19 | or authority of the Director under the Civil Administrative | ||||||
20 | Code of Illinois shall be made available to the Department of | ||||||
21 | Public Health under the Illinois Health and Hazardous | ||||||
22 | Substances Registry Act. | ||||||
23 | Section 65. Nuclear accident plan. The Illinois Emergency | ||||||
24 | Management Agency shall have primary responsibility to | ||||||
25 | formulate a comprehensive emergency preparedness and response | ||||||
26 | plan for any nuclear accident. The Illinois Emergency | ||||||
27 | Management Agency shall also train and maintain an emergency | ||||||
28 | response team. For entities who possess radioactive materials | ||||||
29 | in significant quantities, as specified by the Agency, the | ||||||
30 | Agency shall establish emergency response threshold | ||||||
31 | requirements for emergency notifications to the Agency. |
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1 | Section 70. Nuclear and radioactive materials | ||||||
2 | transportation plan. The Illinois Emergency Management Agency | ||||||
3 | shall formulate a comprehensive plan regarding the | ||||||
4 | transportation of nuclear and radioactive materials in | ||||||
5 | Illinois. The Illinois Emergency Management Agency shall have | ||||||
6 | primary responsibility for all State governmental regulation | ||||||
7 | of the transportation of nuclear and radioactive materials, | ||||||
8 | insofar as the regulation pertains to the public health and | ||||||
9 | safety. This responsibility shall include but not be limited to | ||||||
10 | the authority to oversee and coordinate regulatory functions | ||||||
11 | performed by the Department of Transportation, the Department | ||||||
12 | of State Police, and the Illinois Commerce Commission. | ||||||
13 | Section 75. State nuclear power policy. The Illinois | ||||||
14 | Emergency Management Agency, in cooperation with the | ||||||
15 | Department of Natural Resources, shall study (i) the impact and | ||||||
16 | cost of nuclear power and compare these to the impact and cost | ||||||
17 | of alternative sources of energy, (ii) the potential effects on | ||||||
18 | the public health and safety of all radioactive emissions from | ||||||
19 | nuclear power plants, and (iii) all other factors that bear on | ||||||
20 | the use of nuclear power or on nuclear safety. The Illinois | ||||||
21 | Emergency Management Agency shall formulate a general nuclear | ||||||
22 | policy for the State based on the findings of the study. The | ||||||
23 | policy shall include
but not be limited to the feasibility of | ||||||
24 | continued use of nuclear power, effects of the use of nuclear | ||||||
25 | power on the public health and safety, minimum acceptable | ||||||
26 | standards for the location of any future nuclear power plants, | ||||||
27 | and rules and regulations for the reporting by public utilities | ||||||
28 | of radioactive emissions from power plants. The Illinois | ||||||
29 | Emergency Management Agency shall establish a reliable system | ||||||
30 | for communication between the public and the Illinois Emergency | ||||||
31 | Management Agency and for dissemination of information by the | ||||||
32 | Illinois Emergency Management Agency. The Illinois Emergency |
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1 | Management Agency shall publicize the findings of all studies | ||||||
2 | and make the publications reasonably available to the public.
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3 | Section 80. No accreditation, certification, or | ||||||
4 | registration if in default on educational loan. The Illinois | ||||||
5 | Emergency Management Agency shall not issue or renew to any | ||||||
6 | individual any accreditation, certification, or registration | ||||||
7 | (but excluding registration under Section 24.7 of the Radiation | ||||||
8 | Protection Act of 1990) otherwise issued by the Illinois | ||||||
9 | Emergency Management Agency if the individual has defaulted on | ||||||
10 | an educational loan guaranteed by the Illinois Student | ||||||
11 | Assistance Commission; however, the Agency may issue or renew | ||||||
12 | an accreditation, certification, or registration if the | ||||||
13 | individual has established a satisfactory repayment record as | ||||||
14 | determined by the Illinois Student Assistance Commission. | ||||||
15 | Additionally, any accreditation, certification, or | ||||||
16 | registration issued by the Illinois Emergency Management | ||||||
17 | Agency (but excluding registration under Section 24.7 of the | ||||||
18 | Radiation Protection Act of 1990) may be suspended or revoked | ||||||
19 | if the Illinois Emergency Management Agency, after the | ||||||
20 | opportunity for a hearing under the appropriate accreditation, | ||||||
21 | certification, or registration Act, finds that the holder has | ||||||
22 | failed to make satisfactory repayment to the Illinois Student | ||||||
23 | Assistance Commission for a delinquent or defaulted loan as | ||||||
24 | determined by the Illinois Student Assistance Commission. | ||||||
25 | Section 85. Saving clause. | ||||||
26 | (a) The rights, powers and duties transferred to the | ||||||
27 | Illinois Emergency Management Agency by this Act shall be | ||||||
28 | vested in and shall be exercised by the Illinois Emergency | ||||||
29 | Management Agency. Each act done in exercise of such rights, | ||||||
30 | powers, and duties shall have the same legal effect as if done | ||||||
31 | by the Department of Nuclear Safety, its divisions, officers, | ||||||
32 | or employees.
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1 | (b) Every person or corporation shall be subject to the | ||||||
2 | same obligations and duties and any penalties, civil or | ||||||
3 | criminal, arising therefrom, and shall have the same rights | ||||||
4 | arising from the exercise of such powers, duties, rights and | ||||||
5 | responsibilities as had been exercised by the Department of | ||||||
6 | Nuclear Safety, its divisions, officers or employees.
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7 | (c) Every officer of the Illinois Emergency Management | ||||||
8 | Agency shall, for any offense, be subject to the same penalty | ||||||
9 | or penalties, civil or criminal, as are prescribed by existing | ||||||
10 | law for the same offense by any officer whose powers or duties | ||||||
11 | were transferred under this Act.
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12 | (d) Whenever reports or notices are now required to be made | ||||||
13 | or given or papers or documents furnished or served by any | ||||||
14 | person to or upon the agencies and officers transferred by this | ||||||
15 | Act, the same shall be made, given, furnished, or served in the | ||||||
16 | same manner to or upon the Illinois Emergency Management | ||||||
17 | Agency.
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18 | (e) This Act shall not affect any act done, ratified, or | ||||||
19 | canceled or any right occurring or established or any action or | ||||||
20 | proceeding had or commenced in an administrative, civil, or | ||||||
21 | criminal cause regarding the
Department of Nuclear Safety | ||||||
22 | before this Act takes effect, but such actions or proceedings | ||||||
23 | may be prosecuted and continued by the Illinois Emergency | ||||||
24 | Management Agency.
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25 | (f) Any rules of the Department of Nuclear Safety that are | ||||||
26 | in full force on the effective date of this Act and that have | ||||||
27 | been duly adopted by the Illinois Emergency Management Agency | ||||||
28 | shall become the rules of the Illinois Emergency Management | ||||||
29 | Agency. This Act shall not affect the legality of any such | ||||||
30 | rules in the Illinois Administrative Code. Any proposed rules | ||||||
31 | filed with the Secretary of State by the Department of Nuclear | ||||||
32 | Safety that are pending in the rulemaking process on the | ||||||
33 | effective date of this Act, shall be deemed to have been filed | ||||||
34 | by the Illinois Emergency Management Agency. As soon as |
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1 | practicable hereafter, the Illinois Emergency Management | ||||||
2 | Agency shall revise and clarify the rules transferred to it | ||||||
3 | under this Act to reflect the reorganization of rights, powers, | ||||||
4 | and duties effected by this Act using the procedures for | ||||||
5 | recodification of rules available under the Illinois | ||||||
6 | Administrative Procedure Act, except that existing title, | ||||||
7 | part, and section numbering for the affected rules may be | ||||||
8 | retained. The Illinois Emergency Management Agency may propose | ||||||
9 | and adopt under the Illinois Administrative Procedure Act such | ||||||
10 | other rules of the reorganized agencies that will now be | ||||||
11 | administered by the Illinois Emergency Management Agency.
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12 | (g) If any provision of this Act or its application to any | ||||||
13 | person or circumstances is held invalid by any court of | ||||||
14 | competent jurisdiction, this invalidity does not effect any | ||||||
15 | other provision or application. To achieve this purpose, the | ||||||
16 | provisions of this Act are declared to be severable."; and | ||||||
17 | on page 1, line 4, by changing "Section 5" to "Section 905"; | ||||||
18 | and | ||||||
19 | on page 3, immediately below line 18, by inserting the | ||||||
20 | following:
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21 | "(20 ILCS 2005/Act rep.)
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22 | Section 910. The Department of Nuclear Safety Law of the
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23 | Civil Administrative Code of Illinois is repealed."; and | ||||||
24 | on page 3, line 19, by changing "Section 99" to "Section 999".
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