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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The State Employee Housing Act is amended by |
5 | | changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, and 5-35 |
6 | | as follows:
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7 | | (5 ILCS 412/5-5)
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8 | | Sec. 5-5. Policy development. The Department of |
9 | | Conservation, the
Department of Corrections, the Historic |
10 | | Preservation Agency, the University of
Illinois, and the |
11 | | University of Illinois Foundation shall each develop a policy
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12 | | on housing for State employees that addresses the following:
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13 | | (1) Purpose of providing housing.
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14 | | (2) Application procedures.
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15 | | (3) Eligibility.
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16 | | (4) Tenant selection criteria.
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17 | | (5) Accounting for housing in employee compensation.
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18 | | (6) Employee responsibilities that necessitate |
19 | | State-provided housing.
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20 | | (7) Procedures for setting and adjusting rent, |
21 | | security deposits, and
utility payments.
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22 | | (8) Documented justification for State ownership of |
23 | | each house or
property.
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1 | | (Source: P.A. 89-214, eff. 8-4-95.)
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2 | | (5 ILCS 412/5-10)
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3 | | Sec. 5-10. Taxable status. The Department of Agriculture, |
4 | | the Department
of Conservation, the Department of Corrections, |
5 | | the Department of Veterans'
Affairs, and the University of |
6 | | Illinois shall each develop procedures to
determine whether |
7 | | housing provided to employees and non-employees is subject to
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8 | | taxation. The Department of Revenue and the Internal Revenue |
9 | | Service may be
consulted to determine the appropriate means of |
10 | | reporting the value of housing
provided at below fair market |
11 | | rent to those who do not meet all established
criteria.
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12 | | (Source: P.A. 89-214, eff. 8-4-95.)
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13 | | (5 ILCS 412/5-15)
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14 | | Sec. 5-15. Rental housing. The Department of Conservation, |
15 | | the Department
of Corrections, the Historic Preservation |
16 | | Agency, the Department of
Transportation, the University of |
17 | | Illinois, and the University of Illinois
Foundation shall each |
18 | | analyze the need for providing low-rent housing to its
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19 | | employees and shall consider alternatives to State-owned |
20 | | housing. Rent charged
for State-owned housing shall be |
21 | | evaluated every 3 years for adjustments,
including that |
22 | | necessitated by changing economic conditions.
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23 | | (Source: P.A. 89-214, eff. 8-4-95.)
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1 | | (5 ILCS 412/5-20)
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2 | | Sec. 5-20. Security deposit. The Department of |
3 | | Conservation, the
Department of Corrections, the Department of |
4 | | Transportation, the Historic
Preservation Agency, the |
5 | | University of Illinois, and the University of Illinois
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6 | | Foundation shall each analyze the need for all employee and |
7 | | non-employee
tenants of State-owned housing to pay a reasonable |
8 | | security deposit and may
each collect security deposits and |
9 | | maintain them in interest-bearing accounts.
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10 | | (Source: P.A. 89-214, eff. 8-4-95.)
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11 | | (5 ILCS 412/5-25)
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12 | | Sec. 5-25. Utilities. The Department of Conservation, the |
13 | | Department of
Corrections, the Historic Preservation Agency, |
14 | | and the University of Illinois
may each require its employees |
15 | | for whom it provides housing to pay their own
utilities. If |
16 | | direct utility payment is required, a utility schedule shall be
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17 | | established for employees who can not directly pay utilities |
18 | | due to extenuating
circumstances, such as occupancy of |
19 | | dormitories not individually metered.
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20 | | (Source: P.A. 89-214, eff. 8-4-95.)
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21 | | (5 ILCS 412/5-30)
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22 | | Sec. 5-30. Tenant selection. The Department of |
23 | | Conservation, the
Department of Corrections, the Historic |
24 | | Preservation Agency, the Department of
Transportation, the |
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1 | | University of Illinois, and the University of Illinois
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2 | | Foundation shall each develop and maintain application forms |
3 | | for its
State-owned housing, written criteria for selecting |
4 | | employee tenants, and
records of decisions as to who was |
5 | | selected to receive State housing and why
they were selected.
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6 | | (Source: P.A. 89-214, eff. 8-4-95.)
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7 | | (5 ILCS 412/5-35)
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8 | | Sec. 5-35. Housing justification. The Department of |
9 | | Conservation, the
Historic Preservation Agency, and the |
10 | | University of Illinois shall each develop
written criteria for |
11 | | determining which employment positions necessitate
provision |
12 | | of State housing. The criteria shall include the specific
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13 | | employee responsibilities that can only be performed |
14 | | effectively by occupying
State housing.
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15 | | (Source: P.A. 89-214, eff. 8-4-95.)
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16 | | (15 ILCS 315/Act rep.)
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17 | | Section 8. The State Museum Construction Act is repealed.
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18 | | (20 ILCS 805/805-320 rep.)
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19 | | (20 ILCS 805/805-435 rep.)
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20 | | (20 ILCS 805/805-505 rep.)
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21 | | Section 10. The Department of Natural Resources |
22 | | (Conservation) Law of the
Civil Administrative Code of Illinois |
23 | | is amended by repealing Sections 805-320, 805-435, and 805-505. |
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1 | | Section 15. The Illinois Geographic Information Council |
2 | | Act is amended by changing Sections 5-20 and 5-30 as follows:
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3 | | (20 ILCS 1128/5-20)
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4 | | Sec. 5-20. Meetings. The Council shall meet upon the call |
5 | | of its
chairmen
and shall meet at least twice a year .
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6 | | (Source: P.A. 94-961, eff. 6-27-06.)
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7 | | (20 ILCS 1128/5-30)
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8 | | Sec. 5-30. Evaluation of proposals.
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9 | | The Council shall evaluate proposals made by the User |
10 | | Advisory Committee and
make recommendations to the Governor and |
11 | | General Assembly on the efficient
development, use, and funding |
12 | | of geographic information management technology
(GIMT) for |
13 | | Illinois' State, regional, local, and academic agencies and
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14 | | institutions.
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15 | | These include:
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16 | | (1) Standards for the collection (geodetic), |
17 | | maintenance, dissemination,
and documentation of spatial |
18 | | data, consistent with established and on-going
development |
19 | | of national standards and guidelines when applicable.
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20 | | (2) Funding strategies that encourage and support the |
21 | | use of GIMT at local
levels of government.
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22 | | (3) Examining the impacts of the Freedom of Information |
23 | | Act as it applies
to digital data dissemination.
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1 | | (4) Statewide basemap development.
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2 | | (5) The development of multiyear strategies for |
3 | | integration of GIMT in
Illinois.
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4 | | (6) (Blank). The Council shall report to the Governor |
5 | | and the General Assembly by
January 31st of each year on:
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6 | | (a) the current status of efforts to integrate GIMT |
7 | | into the decision
making, evaluation, planning, and |
8 | | management activities of State and local
governments;
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9 | | (b) the current status of integration of State and |
10 | | local government
efforts with those of the federal |
11 | | government and the private sector; and
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12 | | (c) Council objectives for the next 12-month |
13 | | period.
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14 | | (7) As necessary, the Council may enter into agreements |
15 | | with professional
non-profit organizations to achieve its |
16 | | objectives.
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17 | | (8) The Council may accept grants and gifts from |
18 | | corporations, for-profit
or not-for-profit, or |
19 | | associations for the purpose of conducting research,
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20 | | evaluations, or demonstration projects directed towards |
21 | | the development of an
integrated statewide system of |
22 | | geographic information management technology.
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23 | | (Source: P.A. 94-961, eff. 6-27-06.)
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24 | | (20 ILCS 1128/5-15 rep.)
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25 | | Section 20. The Illinois Geographic Information Council |
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1 | | Act is amended by repealing Section 5-15. |
2 | | (30 ILCS 768/Act rep.)
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3 | | Section 27. The Park and Recreational Facility |
4 | | Construction Act is repealed. |
5 | | Section 30. The Counties Code is amended by changing |
6 | | Section 5-1062 as follows:
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7 | | (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
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8 | | Sec. 5-1062. Stormwater management.
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9 | | (a) The purpose of this Section is to allow management and |
10 | | mitigation of the
effects of urbanization on stormwater |
11 | | drainage in metropolitan counties located
in the area served by |
12 | | the Northeastern Illinois Planning Commission, and
references |
13 | | to "county" in this Section shall apply only to those counties.
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14 | | This Section shall not apply to any county with a population in |
15 | | excess of
1,500,000, except as provided in subsection (c). The |
16 | | purpose of this Section
shall be achieved by:
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17 | | (1) consolidating the existing stormwater management |
18 | | framework into a
united, countywide structure;
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19 | | (2) setting minimum standards for floodplain and |
20 | | stormwater management;
and
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21 | | (3) preparing a countywide plan for the management of |
22 | | stormwater runoff,
including the management of natural and |
23 | | man-made drainageways. The countywide
plan may incorporate |
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1 | | watershed plans.
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2 | | (b) A stormwater management planning committee shall be |
3 | | established by
county board resolution, with its membership |
4 | | consisting of equal numbers of
county board and municipal |
5 | | representatives from each county board
district, and such other |
6 | | members as may be determined by the county and
municipal |
7 | | members. However, if the county has more than 6 county board
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8 | | districts, the county board may by ordinance divide the county |
9 | | into not
less than 6 areas of approximately equal population, |
10 | | to be used instead of
county board districts for the purpose of |
11 | | determining representation on the
stormwater management |
12 | | planning committee.
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13 | | The county board members shall be appointed by the chairman |
14 | | of the county
board. Municipal members from each county board |
15 | | district or other
represented area shall be appointed by a |
16 | | majority vote of the mayors of
those municipalities which have |
17 | | the greatest percentage of their respective
populations |
18 | | residing in such county board district or other represented
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19 | | area. All municipal and county board representatives shall be |
20 | | entitled
to a vote; the other members shall be nonvoting |
21 | | members, unless authorized
to vote by the unanimous consent of |
22 | | the municipal and county board
representatives. A municipality |
23 | | that is located in more than one county may
choose, at the time |
24 | | of formation of the stormwater management planning
committee |
25 | | and based on watershed boundaries, to participate in the
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26 | | stormwater management planning program of either or both of the |
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1 | | counties.
Subcommittees of the stormwater management planning |
2 | | committee may be
established to serve a portion of the county |
3 | | or a particular drainage basin
that has similar stormwater |
4 | | management needs. The stormwater management
planning committee |
5 | | shall adopt by-laws, by a majority vote of the county and
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6 | | municipal members, to govern the functions of the committee and |
7 | | its
subcommittees. Officers of the committee shall include a |
8 | | chair and vice chair,
one of whom shall be a county |
9 | | representative and one a municipal
representative.
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10 | | The principal duties of the committee shall be to develop a |
11 | | stormwater
management plan for presentation to and approval by |
12 | | the county board, and
to direct the plan's implementation and |
13 | | revision. The committee may retain
engineering, legal and |
14 | | financial advisors and inspection personnel. The
committee |
15 | | shall meet at least quarterly and shall hold at least one |
16 | | public
meeting during the preparation of the plan and prior to |
17 | | its submittal to the
county board.
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18 | | (c) In the preparation of a stormwater management plan, a |
19 | | county
stormwater management planning committee shall |
20 | | coordinate the planning
process with each adjoining county to |
21 | | ensure that recommended stormwater
projects will have no |
22 | | significant impact on the levels or flows of
stormwaters in |
23 | | inter-county watersheds or on the capacity of existing and
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24 | | planned stormwater retention facilities. An adopted stormwater |
25 | | management
plan shall identify steps taken by the county to |
26 | | coordinate the development
of plan recommendations with |
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1 | | adjoining counties.
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2 | | (d) (Blank). Before the stormwater management planning |
3 | | committee recommends to the
county board a stormwater |
4 | | management plan for the county or a portion thereof,
it shall |
5 | | submit the plan to the Office of Water Resources of the |
6 | | Department of Natural Resources and to the Northeastern |
7 | | Illinois Planning
Commission for review and recommendations. |
8 | | The Office
and the Commission, in reviewing the plan, shall |
9 | | consider such factors as
impacts on the levels or flows in |
10 | | rivers and streams and the cumulative effects
of stormwater |
11 | | discharges on flood levels. The Office of Water Resources shall |
12 | | determine whether the
plan or ordinances enacted to implement |
13 | | the plan complies with the requirements
of subsection (f). |
14 | | Within a period not to exceed 60 days, the review comments
and |
15 | | recommendations shall be submitted to the stormwater |
16 | | management planning
committee for consideration. Any |
17 | | amendments to the plan shall be
submitted to the Office and the |
18 | | Commission for review.
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19 | | (e) Prior to recommending the plan to the county board, the |
20 | | stormwater
management planning committee shall hold at least |
21 | | one public hearing thereon
and shall afford interested persons |
22 | | an opportunity to be heard. The hearing
shall be held in the |
23 | | county seat. Notice of the hearing shall be published at
least |
24 | | once no less than 15 days in advance thereof in a newspaper of |
25 | | general
circulation published in the county. The notice shall |
26 | | state the time and place
of the hearing and the place where |
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1 | | copies of the proposed plan will be
accessible for examination |
2 | | by interested parties. If an affected municipality
having a |
3 | | stormwater management plan adopted by ordinance wishes to |
4 | | protest the
proposed county plan provisions, it shall appear at |
5 | | the hearing and submit in
writing specific proposals to the |
6 | | stormwater management planning committee.
After consideration |
7 | | of the matters raised at the hearing, the committee may
amend |
8 | | or approve the plan and recommend it to the county board for |
9 | | adoption.
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10 | | The county board may enact the proposed plan by ordinance. |
11 | | If the
proposals for modification of the plan made by an |
12 | | affected municipality having
a stormwater management plan are |
13 | | not included in the proposed county plan,
and the municipality |
14 | | affected by the plan opposes adoption of the county
plan by |
15 | | resolution of its corporate authorities, approval of
the county |
16 | | plan shall require an affirmative vote of at least two-thirds |
17 | | of the
county board members present and voting. If the county |
18 | | board wishes to
amend the county plan, it shall submit in |
19 | | writing specific proposals to the
stormwater management |
20 | | planning committee. If the proposals are not
approved by the |
21 | | committee, or are opposed by resolution of the corporate
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22 | | authorities of an affected municipality having a municipal |
23 | | stormwater
management plan, amendment of the plan shall require |
24 | | an affirmative vote of
at least two-thirds of the county board |
25 | | members present and voting.
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26 | | (f) The county board may prescribe by ordinance reasonable |
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1 | | rules and
regulations for floodplain management and for |
2 | | governing the location,
width, course and release rate of all |
3 | | stormwater runoff channels, streams
and basins in the county, |
4 | | in accordance with the adopted stormwater
management plan. |
5 | | These rules and regulations shall, at a minimum, meet
the |
6 | | standards for floodplain management established by the Office |
7 | | of Water Resources and
the requirements of the Federal |
8 | | Emergency Management Agency for participation
in the National |
9 | | Flood Insurance Program.
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10 | | (g) In accordance with, and if recommended in, the adopted |
11 | | stormwater
management plan, the county board may adopt a |
12 | | schedule of fees
as may be necessary to mitigate the effects of |
13 | | increased stormwater runoff
resulting from new development. |
14 | | The fees shall not exceed the cost of
satisfying the onsite |
15 | | stormwater retention or detention requirements of the
adopted |
16 | | stormwater management plan. The fees shall be used to finance
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17 | | activities undertaken by the county or its included |
18 | | municipalities to
mitigate the effects of urban stormwater |
19 | | runoff by providing regional
stormwater retention or detention |
20 | | facilities, as identified in the county
plan. All such fees |
21 | | collected by the county shall be held in a separate fund,
and |
22 | | shall be expended only in the watershed within which they were |
23 | | collected.
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24 | | (h) For the purpose of implementing this Section and for |
25 | | the
development, design, planning, construction, operation and |
26 | | maintenance of
stormwater facilities provided for in the |
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1 | | stormwater management plan, a
county board that has established |
2 | | a stormwater management planning
committee pursuant to this |
3 | | Section may cause an annual tax of not to exceed
0.20% of the |
4 | | value, as equalized or assessed by the Department of Revenue,
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5 | | of all taxable property in the county to be levied upon all the |
6 | | taxable
property in the county. The tax shall be in addition to |
7 | | all other taxes
authorized by law to be levied and collected in |
8 | | the county and shall be in
addition to the maximum tax rate |
9 | | authorized by law for general county
purposes. The 0.20% |
10 | | limitation provided in this Section may be increased
or |
11 | | decreased by referendum in accordance with the provisions of |
12 | | Sections
18-120, 18-125, and 18-130 of the Property Tax Code.
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13 | | Any revenues generated as a result of ownership or |
14 | | operation of facilities
or land acquired with the tax funds |
15 | | collected pursuant to this subsection
(h) shall be held in a |
16 | | separate fund and be used either to abate such
property tax or |
17 | | for implementing this Section.
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18 | | However, unless at least part of the county has been |
19 | | declared after
July 1, 1986 by presidential proclamation to be |
20 | | a disaster area as a result
of flooding, the tax authorized by |
21 | | this subsection (h) shall not be levied
until the question of |
22 | | its adoption, either for a specified period or
indefinitely, |
23 | | has been submitted to the electors thereof and approved by a
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24 | | majority of those voting on the question. This question may be |
25 | | submitted
at any election held in the county after the adoption |
26 | | of a resolution by
the county board providing for the |
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1 | | submission of the question to the
electors of the county. The |
2 | | county board shall certify the resolution and
proposition to |
3 | | the proper election officials, who shall submit the
proposition |
4 | | at an election in accordance with the general election law. If
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5 | | a majority of the votes cast on the question is in favor of the |
6 | | levy of
the tax, it may thereafter be levied in the county for |
7 | | the specified
period or indefinitely, as provided in the |
8 | | proposition. The question shall
be put in substantially the |
9 | | following form:
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10 | | -------------------------------------------------------------
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11 | | Shall an annual tax be levied
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12 | | for stormwater management purposes YES
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13 | | (for a period of not more than
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14 | | ...... years) at a rate not exceeding ------------------
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15 | | .....% of the equalized assessed
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16 | | value of the taxable property of NO
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17 | | ........ County?
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18 | | -------------------------------------------------------------
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19 | | (i) Upon the creation and implementation of a county |
20 | | stormwater management
plan, the county may petition the circuit |
21 | | court to dissolve any or all drainage
districts created |
22 | | pursuant to the Illinois Drainage Code or predecessor Acts
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23 | | which are located entirely within the area of the county |
24 | | covered by the plan.
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25 | | However, any active drainage district implementing a plan |
26 | | that is
consistent with and at least as stringent as the county |
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1 | | stormwater
management plan may petition the stormwater |
2 | | management planning committee
for exception from dissolution. |
3 | | Upon filing of the petition, the committee
shall set a date for |
4 | | hearing not less than 2 weeks, nor more than 4 weeks,
from the |
5 | | filing thereof, and the committee shall give at least one |
6 | | week's
notice of the hearing in one or more newspapers of |
7 | | general circulation
within the district, and in addition shall |
8 | | cause a copy of the notice to be
personally served upon each of |
9 | | the trustees of the district. At the
hearing, the committee |
10 | | shall hear the district's petition and allow the
district |
11 | | trustees and any interested parties an opportunity to present |
12 | | oral
and written evidence. The committee shall render its |
13 | | decision upon the
petition for exception from dissolution based |
14 | | upon the best interests of
the residents of the district. In |
15 | | the event that the exception is not
allowed, the district may |
16 | | file a petition within 30 days of the decision
with the circuit |
17 | | court. In that case, the notice and hearing requirements
for |
18 | | the court shall be the same as herein provided for the |
19 | | committee.
The court shall likewise render its decision of |
20 | | whether to dissolve the
district based upon the best interests |
21 | | of residents of the district.
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22 | | The dissolution of any drainage district shall not affect |
23 | | the obligation
of any bonds issued or contracts entered into by |
24 | | the district nor
invalidate the levy, extension or collection |
25 | | of any taxes or special
assessments upon the property in the |
26 | | former drainage district. All property
and obligations of the |
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1 | | former drainage district shall be assumed and
managed by the |
2 | | county, and the debts of the former drainage district shall
be |
3 | | discharged as soon as practicable.
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4 | | If a drainage district lies only partly within a county |
5 | | that adopts a
county stormwater management plan, the county may |
6 | | petition the circuit
court to disconnect from the drainage |
7 | | district that portion of the district
that lies within that |
8 | | county. The property of the drainage district within the
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9 | | disconnected area shall be assumed and managed by the county. |
10 | | The county shall
also assume a portion of the drainage |
11 | | district's debt at the time of
disconnection, based on the |
12 | | portion of the value of the taxable property of the
drainage |
13 | | district which is located within the area being disconnected.
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14 | | The operations of any drainage district that continues to |
15 | | exist in a
county that has adopted a stormwater management plan |
16 | | in accordance with
this Section shall be in accordance with the |
17 | | adopted plan.
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18 | | (j) Any county that has adopted a county stormwater |
19 | | management plan
under this Section may, after 10 days written |
20 | | notice to the owner or
occupant, enter upon any lands or waters |
21 | | within the county for the purpose
of inspecting stormwater |
22 | | facilities or causing the removal of any
obstruction to an |
23 | | affected watercourse. The county shall be responsible
for any |
24 | | damages occasioned thereby.
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25 | | (k) Upon petition of the municipality, and based on a |
26 | | finding of the
stormwater management planning committee, the |
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1 | | county shall not enforce
rules and regulations adopted by the |
2 | | county in any municipality located
wholly or partly within the |
3 | | county that has a municipal stormwater
management ordinance |
4 | | that is consistent with and at least as stringent as
the county |
5 | | plan and ordinance, and is being enforced by the municipal
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6 | | authorities.
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7 | | (l) A county may issue general obligation bonds for |
8 | | implementing any
stormwater plan adopted under this Section in |
9 | | the manner prescribed in
Section 5-1012; except that the |
10 | | referendum requirement of Section 5-1012 shall
not apply to |
11 | | bonds issued pursuant to this Section on which the principal |
12 | | and
interest are to be paid entirely out of funds generated by |
13 | | the taxes and fees
authorized by this Section.
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14 | | (m) The powers authorized by this Section may be |
15 | | implemented by the
county board for a portion of the county |
16 | | subject to similar stormwater
management needs.
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17 | | (n) The powers and taxes authorized by this Section are in |
18 | | addition to the
powers and taxes authorized by Division 5-15; |
19 | | in exercising its powers
under this Section, a county shall not |
20 | | be subject to the restrictions and
requirements of that |
21 | | Division.
|
22 | | (o) Pursuant to paragraphs (g) and (i) of Section 6 of |
23 | | Article VII of
the Illinois Constitution, this Section |
24 | | specifically denies and limits the
exercise of any power which |
25 | | is inconsistent herewith by home rule units in
any county with |
26 | | a population of less than 1,500,000 in the area served by
the |
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1 | | Northeastern Illinois Planning Commission. This Section does |
2 | | not
prohibit the concurrent exercise of powers consistent |
3 | | herewith.
|
4 | | (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96 .)
|
5 | | Section 45. The Energy Assistance Act is amended by |
6 | | changing Section 5 as follows:
|
7 | | (305 ILCS 20/5) (from Ch. 111 2/3, par. 1405)
|
8 | | Sec. 5. Policy Advisory Council.
|
9 | | (a) Within the Department of Commerce and Economic |
10 | | Opportunity is created a
Low Income Energy Assistance Policy |
11 | | Advisory Council.
|
12 | | (b) The Council shall be chaired by the Director
of |
13 | | Commerce and Economic Opportunity or his or her designee. There |
14 | | shall be 19 20
members of the Low Income Energy Assistance |
15 | | Policy Advisory Council, including
the chairperson and the |
16 | | following members:
|
17 | | (1) one member designated by the Illinois Commerce
|
18 | | Commission;
|
19 | | (2) (blank); one member designated by the Illinois |
20 | | Department of
Natural Resources;
|
21 | | (3) one member designated by the Illinois Energy
|
22 | | Association to represent electric public utilities serving |
23 | | in excess of 1
million customers in this State;
|
24 | | (4) one member agreed upon by gas public utilities
that
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1 | | serve more than 500,000 and fewer than 1,500,000 customers |
2 | | in this State;
|
3 | | (5) one member agreed upon by gas public utilities that |
4 | | serve 1,500,000 or
more customers in this State;
|
5 | | (6) one member designated by the Illinois Energy
|
6 | | Association to represent combination gas and electric |
7 | | public utilities;
|
8 | | (7) one member agreed upon by the Illinois Municipal
|
9 | | Electric Agency and the Association of Illinois Electric |
10 | | Cooperatives;
|
11 | | (8) one member agreed upon by the Illinois Industrial
|
12 | | Energy Consumers;
|
13 | | (9) three members designated by the Department to
|
14 | | represent low income energy consumers;
|
15 | | (10) two members designated by the Illinois Community |
16 | | Action Association
to
represent local agencies that assist |
17 | | in the administration of this Act;
|
18 | | (11) one member designated by the Citizens Utility |
19 | | Board
to represent residential energy consumers;
|
20 | | (12) one member designated by the Illinois Retail
|
21 | | Merchants Association to represent commercial energy |
22 | | customers;
|
23 | | (13) one member designated by the Department to
|
24 | | represent independent energy providers; and
|
25 | | (14) three members designated by the Mayor of the City |
26 | | of Chicago.
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1 | | (c) Designated and appointed members shall serve 2 year |
2 | | terms and
until their successors are appointed and qualified. |
3 | | The designating
organization shall notify the chairperson of |
4 | | any changes or substitutions of a
designee within 10 business |
5 | | days of a change or substitution. Members shall
serve without |
6 | | compensation, but may receive reimbursement for actual costs
|
7 | | incurred in fulfilling their duties as members of the Council.
|
8 | | (d) The Council shall have the following duties:
|
9 | | (1) to monitor the administration of this Act to ensure
|
10 | | effective, efficient, and coordinated program development |
11 | | and implementation;
|
12 | | (2) to assist the Department in developing and
|
13 | | administering rules and regulations required to be |
14 | | promulgated pursuant to this
Act in a manner consistent |
15 | | with the purpose and objectives of this Act;
|
16 | | (3) to facilitate and coordinate the collection and
|
17 | | exchange of all program data and other information needed |
18 | | by the Department and
others in fulfilling their duties |
19 | | pursuant to this Act;
|
20 | | (4) to advise the Department on the proper level of
|
21 | | support required for effective administration of the Act;
|
22 | | (5) to provide a written opinion concerning any
|
23 | | regulation proposed pursuant to this Act, and to review and |
24 | | comment on any
energy assistance or related plan required |
25 | | to be prepared by the Department;
|
26 | | (6) to advise the Department on the use of funds |
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1 | | collected pursuant to
Section 11 of this Act, and on any |
2 | | changes to existing low income energy
assistance programs |
3 | | to make effective use of such funds, so long as such uses
|
4 | | and changes are consistent with the requirements of the |
5 | | Act.
|
6 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
7 | | (305 ILCS 20/8 rep.)
|
8 | | Section 50. The Energy Assistance Act is amended by |
9 | | repealing Section 8. |
10 | | Section 55. The Interstate Ozone Transport Oversight Act is |
11 | | amended by changing Section 20 as follows:
|
12 | | (415 ILCS 130/20)
|
13 | | Sec. 20. Legislative referral and public hearings.
|
14 | | (a) Not later than 10 days after the development of any |
15 | | proposed
memorandum of understanding by the Ozone Transport |
16 | | Assessment Group
potentially requiring the State of Illinois to |
17 | | undertake emission reductions
in addition to those specified by |
18 | | the Clean Air Act Amendments of 1990, or
subsequent to the |
19 | | issuance of a request made by the United States Environmental
|
20 | | Protection Agency on or after June 1, 1997 for
submission of a |
21 | | State Implementation Plan for Illinois relating to ozone
|
22 | | attainment and before submission of the Plan, the
Director |
23 | | shall submit
the proposed memorandum of understanding or State |
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1 | | Implementation Plan to
the House Committee and the Senate
|
2 | | Committee for their consideration. At that time, the Director |
3 | | shall also
submit information detailing any alternate |
4 | | strategies.
|
5 | | (b) To assist the legislative review required by this Act, |
6 | | the Department
of Natural Resources and the Department of |
7 | | Commerce and Economic Opportunity shall
conduct a joint study |
8 | | of the impacts on the State's economy which may result
from |
9 | | implementation of the emission reduction strategies contained |
10 | | within any
proposed memorandum of understanding or State |
11 | | Implementation Plan relating to
ozone and from implementation |
12 | | of any alternate
strategies. The study shall include, but not |
13 | | be limited to, the impacts on
economic development, employment, |
14 | | utility costs and rates, personal income, and
industrial |
15 | | competitiveness which may result from implementation of the |
16 | | emission
reduction strategies contained within any proposed |
17 | | memorandum of agreement or
State Implementation Plan relating |
18 | | to ozone and
from implementation of any alternate strategies. |
19 | | The study shall be
submitted
to the House Committee and Senate |
20 | | Committee not less than 10 days prior to any
scheduled hearing |
21 | | conducted pursuant to subsection (c) of this Section.
|
22 | | (c) Upon receipt of the information required by subsections |
23 | | (a) and (b) of
this Section, the House Committee and Senate |
24 | | Committee shall each convene
one or more public hearings to |
25 | | receive comments from agencies of government and
other |
26 | | interested parties on the memorandum of understanding's or |
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1 | | State
Implementation Plan's prospective
economic and |
2 | | environmental impacts, including its impacts on energy use,
|
3 | | economic development, utility costs and rates, and |
4 | | competitiveness.
Additionally,
comments shall be received on |
5 | | the prospective economic and environmental
impacts, including |
6 | | impacts on energy use, economic development, utility
costs and |
7 | | rates, and competitiveness, which may result from |
8 | | implementation of
any
alternate strategies.
|
9 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
10 | | (515 ILCS 5/1-235 rep.)
|
11 | | Section 60. The Fish and Aquatic Life Code is amended by |
12 | | repealing Section 1-235.
|
13 | | (520 ILCS 20/2 rep.)
|
14 | | (520 ILCS 20/6 rep.)
|
15 | | (520 ILCS 20/7 rep.)
|
16 | | (520 ILCS 20/8 rep.)
|
17 | | (520 ILCS 20/9 rep.)
|
18 | | Section 65. The Wildlife Habitat Management Areas Act is |
19 | | amended by repealing Sections 2, 6, 7, 8, and 9. |
20 | | Section 70. The Rivers, Lakes, and Streams Act is amended |
21 | | by changing Section 23a as follows:
|
22 | | (615 ILCS 5/23a) (from Ch. 19, par. 70a)
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1 | | Sec. 23a. The Department is authorized to carry out |
2 | | inspections of any
dam within the State, and to establish |
3 | | standards and issue permits for the
safe construction of new |
4 | | dams and the reconstruction, repair, operation
and maintenance |
5 | | of all existing dams. If any inspection carried out
by the |
6 | | Department or by a federal agency in which the Department |
7 | | concurs
determines that a dam is in an unsafe condition, the |
8 | | Department shall
so notify the appropriate public officials of |
9 | | the affected city or county,
the State's Attorney of the county |
10 | | in which the dam is located, and the
Illinois Emergency |
11 | | Management Agency.
|
12 | | The Department may compel the installation of fishways in |
13 | | dams wherever
deemed necessary.
|
14 | | The Department may establish by rule minimum water levels |
15 | | for water behind
dams on streams and rivers as necessary to |
16 | | preserve the fish and other aquatic
life and to safeguard the |
17 | | health of the community.
|
18 | | Upon a determination of the Department that a dam |
19 | | constitutes a serious
threat to life or a threat of substantial |
20 | | property damage, the Department
may issue orders to require |
21 | | changes in the structure or its operation or
maintenance |
22 | | necessary for proper control of water levels at normal stages
|
23 | | and for the disposal of flood waters and for the protection of |
24 | | navigation
and any persons or property situated downstream from |
25 | | the dam or to otherwise
remove the threat provided, however, |
26 | | that no existing dam, based solely
upon the enactment by any |
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1 | | governmental unit of any new rule, regulation,
ordinance, law, |
2 | | or other requirement passed after the construction of the
dam, |
3 | | shall be deemed to constitute a serious threat to life or a |
4 | | threat of
substantial property damage if it was designed and |
5 | | constructed under a
permit from the State of Illinois in |
6 | | conformance with all applicable
standards existing at the time |
7 | | of its construction and is in good repair.
|
8 | | The Department shall be required, prior to taking any |
9 | | action to compel
alteration or breaching of any dam, to furnish |
10 | | in writing to the owner of
the dam (1) a detailed and specific |
11 | | list of defects discovered in the course
of inspection of the |
12 | | dam, including the specific nature of any inadequacies
in the |
13 | | capacity of the spillway system and any indications of seepage, |
14 | | erosion,
or other evidence of structural deficiency in the dam |
15 | | or spillway; and (2)
a statement of the applicable standards |
16 | | that if complied with by the owner
of the dam would put the dam |
17 | | into compliance with the State's requirements.
|
18 | | No order shall be issued requiring alteration of any |
19 | | existing dam until after
notice and opportunity for hearing has |
20 | | been provided by the Department to the
dam owners. If the owner |
21 | | or owners of the dam are unknown, notice will be
provided by |
22 | | publication in a newspaper of general circulation in the county |
23 | | in
which the structure is located. Any order issued under this |
24 | | Section shall
include a statement of the findings supporting |
25 | | the order.
|
26 | | Opportunity for hearing is not required in emergency |
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1 | | situations when the
Department finds there is imminent hazard |
2 | | to personal public safety of people.
|
3 | | The Department may enforce the provisions of this Section |
4 | | and of rules
and orders issued hereunder by injunction or other
|
5 | | appropriate action.
|
6 | | Neither the Department of Natural Resources nor
employees |
7 | | or agents of the Department shall be liable for damages |
8 | | sustained
through the partial or total failure of any dam or |
9 | | the operation or maintenance
of any dam by reason of the |
10 | | Department's regulation thereof. Nothing in this
Act shall |
11 | | relieve an owner or operator of a dam from the legal duties,
|
12 | | obligations, and liabilities arising from ownership or |
13 | | operation.
|
14 | | The Department shall review and update its operations |
15 | | manuals for the Algonquin Dam and the William G. Stratton Lock |
16 | | and Dam on an annual basis. |
17 | | (Source: P.A. 96-388, eff. 1-1-10.)
|
18 | | Section 999. Effective date. This Act takes effect upon |
19 | | becoming law.
|