Full Text of HB2891 97th General Assembly
HB2891sam006 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 | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "ARTICLE 1. SHORT TITLE; PURPOSE | 6 | | Section 1-1. Short title. This Act may be cited as the | 7 | | FY2013 Budget Implementation (Supplemental) Act. | 8 | | Section 1-5. Purpose. It is the purpose of this Act to make | 9 | | changes in State programs that are necessary to implement the | 10 | | Governor's fiscal year 2013 budget recommendations. | 11 | | ARTICLE 5. AMENDATORY PROVISIONS | 12 | | Section 5-5. The State Budget Law of the Civil | 13 | | Administrative Code of Illinois is amended by changing Section |
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| 1 | | 50-5 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 | 5 | | than the second
Wednesday in March in 2010 (March 10, 2010), | 6 | | the third
Wednesday in February in 2011, the fourth Wednesday | 7 | | in February in 2012 (February 22, 2012), the first Wednesday in | 8 | | March in 2013 (March 6, 2013), and the third Wednesday in | 9 | | February of each year thereafter, except as otherwise provided | 10 | | in this Section, submit a
State budget, embracing therein the | 11 | | amounts recommended by the Governor to be
appropriated to the | 12 | | respective departments, offices, and institutions, and
for all | 13 | | other public purposes, the estimated revenues from taxation, | 14 | | and the
estimated revenues from sources other than taxation. | 15 | | Except with respect to the capital development provisions of | 16 | | the State budget, beginning with the revenue estimates prepared | 17 | | for fiscal year 2012, revenue estimates shall be based solely | 18 | | on: (i) revenue sources (including non-income resources), | 19 | | rates, and levels that exist as of the date of the submission | 20 | | of the State budget for the fiscal year and (ii) revenue | 21 | | sources (including non-income resources), rates, and levels | 22 | | that have been passed by the General Assembly as of the date of | 23 | | the submission of the State budget for the fiscal year and that | 24 | | are authorized to take effect in that fiscal year. Except with | 25 | | respect to the capital development provisions of the State |
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| 1 | | budget, the Governor shall determine available revenue, deduct | 2 | | the cost of essential government services, including, but not | 3 | | limited to, pension payments and debt service, and assign a | 4 | | percentage of the remaining revenue to each statewide | 5 | | prioritized goal, as established in Section 50-25 of this Law, | 6 | | taking into consideration the proposed goals set forth in the | 7 | | report of the Commission established under that Section. The | 8 | | Governor shall also demonstrate how spending priorities for the | 9 | | fiscal year fulfill those statewide goals. The amounts | 10 | | recommended by the
Governor for appropriation to the respective | 11 | | departments, offices and
institutions shall be formulated | 12 | | according to each department's, office's, and institution's | 13 | | ability to effectively deliver services that meet the | 14 | | established statewide goals. The amounts relating to | 15 | | particular functions
and activities shall be further | 16 | | formulated in accordance with the object
classification | 17 | | specified in Section 13 of the State Finance Act. In addition, | 18 | | the amounts recommended by the Governor for appropriation shall | 19 | | take into account each State agency's effectiveness in | 20 | | achieving its prioritized goals for the previous fiscal year, | 21 | | as set forth in Section 50-25 of this Law, giving priority to | 22 | | agencies and programs that have demonstrated a focus on the | 23 | | prevention of waste and the maximum yield from resources. | 24 | | Beginning in fiscal year 2011, the Governor shall | 25 | | distribute written quarterly financial reports on operating | 26 | | funds, which may include general, State, or federal funds and |
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| 1 | | may include funds related to agencies that have significant | 2 | | impacts on State operations, and budget statements on all | 3 | | appropriated funds to the General Assembly and the State | 4 | | Comptroller. The reports shall be submitted no later than 45 | 5 | | days after the last day of each quarter of the fiscal year and | 6 | | shall be posted on the Governor's Office of Management and | 7 | | Budget's website on the same day. The reports shall be prepared | 8 | | and presented for each State agency and on a statewide level in | 9 | | an executive summary format that may include, for the fiscal | 10 | | year to date, individual itemizations for each significant | 11 | | revenue type as well as itemizations of expenditures and | 12 | | obligations, by agency, with an appropriate level of detail. | 13 | | The reports shall include a calculation of the actual total | 14 | | budget surplus or deficit for the fiscal year to date. The | 15 | | Governor shall also present periodic budget addresses | 16 | | throughout the fiscal year at the invitation of the General | 17 | | Assembly. | 18 | | The Governor shall not propose expenditures and the General | 19 | | Assembly shall
not enact appropriations that exceed the | 20 | | resources estimated to be available,
as provided in this | 21 | | Section. Appropriations may be adjusted during the fiscal year | 22 | | by means of one or more supplemental appropriation bills if any | 23 | | State agency either fails to meet or exceeds the goals set | 24 | | forth in Section 50-25 of this Law. | 25 | | For the purposes of Article VIII, Section 2 of the 1970
| 26 | | Illinois Constitution, the State budget for the following funds |
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| 1 | | shall be
prepared on the basis of revenue and expenditure | 2 | | measurement concepts that are
in concert with generally | 3 | | accepted 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 | 11 | | revenue
estimates used in the State budget for the budgeted | 12 | | funds shall include the
estimated beginning fund balance, plus
| 13 | | revenues estimated to be received during the budgeted year, | 14 | | plus the estimated
receipts due the State as of June 30 of the | 15 | | budgeted year that are expected to
be collected during the | 16 | | lapse period following the budgeted year, minus the
receipts | 17 | | collected during the first 2 months of the budgeted year that | 18 | | became
due to the State in the year before the budgeted year. | 19 | | Revenues shall also
include estimated federal reimbursements | 20 | | associated with the recognition of
Section 25 of the State | 21 | | Finance Act liabilities. For any budgeted fund
for which | 22 | | current year revenues are anticipated to exceed expenditures, | 23 | | the
surplus shall be considered to be a resource available for | 24 | | expenditure in the
budgeted fiscal year. | 25 | | Expenditure estimates for the budgeted funds included in | 26 | | the State budget
shall include the costs to be incurred by the |
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| 1 | | State for the budgeted year,
to be paid in the next fiscal | 2 | | year, excluding costs paid in the budgeted year
which were | 3 | | carried over from the prior year, where the payment is | 4 | | authorized by
Section
25 of the State Finance Act. For any | 5 | | budgeted fund
for which expenditures are expected to exceed | 6 | | revenues in the current fiscal
year, the deficit shall be | 7 | | considered as a use of funds in the budgeted fiscal
year. | 8 | | Revenues and expenditures shall also include transfers | 9 | | between funds that are
based on revenues received or costs | 10 | | incurred during the budget year. | 11 | | Appropriations for expenditures shall also include all | 12 | | anticipated statutory continuing appropriation obligations | 13 | | that are expected to be incurred during the budgeted fiscal | 14 | | year. | 15 | | By
March 15 of each year, the
Commission on Government | 16 | | Forecasting and Accountability shall prepare
revenue and fund | 17 | | transfer estimates in accordance with the requirements of this
| 18 | | Section and report those estimates to the General Assembly and | 19 | | the Governor. | 20 | | For all funds other than the budgeted funds, the proposed | 21 | | expenditures shall
not exceed funds estimated to be available | 22 | | for the fiscal year as shown in the
budget. Appropriation for a | 23 | | fiscal year shall not exceed funds estimated by
the General | 24 | | Assembly to be available during that year. | 25 | | (b) By February 24, 2010, the Governor must file a written | 26 | | report with the Secretary of the Senate and the Clerk of the |
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| 1 | | House 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 | 19 | | members of the General Assembly and members of the public may | 20 | | make written budget recommendations to the Governor. | 21 | | Beginning with budgets prepared for fiscal year 2013, the | 22 | | budgets submitted by the Governor and appropriations made by | 23 | | the General Assembly for all executive branch State agencies | 24 | | must adhere to a method of budgeting where each priority must | 25 | | be justified each year according to merit rather than according | 26 | | to 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, | 2 | | eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10; | 3 | | 96-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; 97-669, eff. | 4 | | 1-13-12; 97-813, eff. 7-13-12.) | 5 | | Section 5-15. The State Finance Act is amended by changing | 6 | | Section 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 | 9 | | Management and Budget shall, at the time set forth for the | 10 | | submission of the State budget under Section 50-5 of the State | 11 | | Budget Law, provide to the Chairman and the Minority | 12 | | Spokesperson of each of the appropriations
committees of the | 13 | | House of Representatives and the Senate a report of (i) all | 14 | | full fiscal year transfers from the General Revenue Fund to any | 15 | | other special fund of the State in the previous fiscal year and | 16 | | during the current fiscal year to date, and (ii) all projected | 17 | | full fiscal year transfers from the General Revenue Fund to | 18 | | those funds for the remainder of the current fiscal year and | 19 | | the next fiscal year, based on estimates prepared by the | 20 | | Governor's Office of Management and Budget. The report shall | 21 | | include a detailed summary of the estimates upon which the | 22 | | projected transfers are based. The report shall also indicate, | 23 | | for 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 | 8 | | appropriations process. | 9 | | (30 ILCS 105/5j new) | 10 | | Sec. 5j. Transfers to the Illinois State Medical | 11 | | Disciplinary Fund. Notwithstanding any other provision of law, | 12 | | for Fiscal Year 2013 only and as soon as practicable after the | 13 | | effective date of this amendatory Act of the 97th General | 14 | | Assembly, the State Comptroller shall order and the State | 15 | | Treasurer shall transfer to the Illinois State Medical | 16 | | Disciplinary Fund from the cash balances in special funds that | 17 | | receive revenues from the fees and fines associated with the | 18 | | licensing of regulated professions, trades, occupations, and | 19 | | industries by the Department of Financial and Professional | 20 | | Regulation a specific amount that shall be determined by the | 21 | | Secretary of the Department of Financial and Professional | 22 | | Regulation. The total amount transferred under this Section | 23 | | shall 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 | 3 | | to be known as the Healthcare Provider Relief Fund. | 4 | | (b) The Fund is created for the purpose of receiving and | 5 | | disbursing moneys in accordance with this Section. | 6 | | Disbursements 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 | 8 | | for by law, on the effective date of this amendatory Act of the | 9 | | 97th General Assembly, or as soon thereafter as practical, the | 10 | | State Comptroller shall direct and the State Treasurer shall | 11 | | transfer the sum of $365,000,000 from the General Revenue Fund | 12 | | into the Healthcare Provider Relief Fund.
| 13 | | (e) In addition to any other transfers that may be provided | 14 | | for by law, on July 1, 2011, or as soon thereafter as | 15 | | practical, the State Comptroller shall direct and the State | 16 | | Treasurer shall transfer the sum of $160,000,000 from the | 17 | | General Revenue Fund to the Healthcare Provider Relief Fund. | 18 | | (f) Notwithstanding any other State law to the contrary, | 19 | | and in addition to any other transfers that may be provided for | 20 | | by law, the State Comptroller shall order transferred and the | 21 | | State Treasurer shall transfer $500,000,000 to the Healthcare | 22 | | Provider Relief Fund from the General Revenue Fund in equal | 23 | | monthly installments of $100,000,000, with the first transfer | 24 | | to be made on July 1, 2012, or as soon thereafter as practical, | 25 | | and with each of the remaining transfers to be made on August | 26 | | 1, 2012, September 1, 2012, October 1, 2012, and November 1, |
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| 1 | | 2012, or as soon thereafter as practical. This transfer may | 2 | | assist the Department of Healthcare and Family Services in | 3 | | improving Medical Assistance bill processing timeframes or in | 4 | | meeting the possible requirements of Senate Bill 3397, or other | 5 | | similar legislation, of the 97th General Assembly should it | 6 | | become law. | 7 | | (g) Notwithstanding any other State law to the contrary, | 8 | | and in addition to any other transfers that may be provided for | 9 | | by law, the State Comptroller shall order transferred and the | 10 | | State Treasurer shall transfer $151,000,000 to the Healthcare | 11 | | Provider Relief Fund from the General Revenue Fund in equal | 12 | | monthly installments of $37,750,000, with the first transfer to | 13 | | be made 30 days after the effective date of this amendatory Act | 14 | | of the 97th General Assembly, or as soon thereafter as | 15 | | practical, and with each of the remaining transfers to be made | 16 | | 60, 90, and 120 days after the effective date of this | 17 | | amendatory Act of the 97th General Assembly, or as soon | 18 | | thereafter as practical. | 19 | | (Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11; | 20 | | 97-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff. | 21 | | 6-14-12; 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 | 24 | | Opportunity Law of the
Civil Administrative Code of Illinois is |
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| 1 | | amended 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. | 4 | | Subject to appropriation, the The
Department shall examine | 5 | | policies and incentives that
will
attract industries involved | 6 | | in the design, development, and construction of
pollution | 7 | | control devices and shall implement those policies and | 8 | | incentives
that the Department determines will attract those | 9 | | businesses.
| 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 | 13 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 14 | | amended by repealing Section 605-75. | 15 | | Section 10-15. The Energy Conservation and Coal | 16 | | Development 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 | 20 | | following
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 | 19 | | materials
regarding the necessity of waste reduction and | 20 | | recycling to reduce
dependence on landfills and to maintain | 21 | | environmental quality. The
materials developed shall be | 22 | | suitable for instructional use in grades 3, 4
and 5. The | 23 | | Department shall distribute such instructional material to all
| 24 | | public elementary and unit school districts no later than | 25 | | November 1, of
each year.
| 26 | | (e) (Blank). The Department shall study the feasibility of |
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| 1 | | requiring that wood
and sawdust from construction waste, | 2 | | demolition projects, sawmills, or other
projects or industries | 3 | | where wood is used in a large amount be shredded
and composted, | 4 | | and that such wood be prohibited from being disposed of in a
| 5 | | landfill. The Department shall report the results of this study | 6 | | to the
General Assembly by January 1, 1991.
| 7 | | (f) (Blank).
| 8 | | (g) The Department shall develop a program designated to | 9 | | encourage the
recycling of outdated telephone directories and | 10 | | to encourage the printing
of new directories on recycled paper. | 11 | | The Department shall work in
conjunction with printers and | 12 | | distributors of telephone directories
distributed in the State | 13 | | to provide them with any technical assistance
available in | 14 | | their efforts to procure appropriate recycled paper. The
| 15 | | Department shall also encourage directory distributors to pick | 16 | | up outdated
directories as they distribute new ones, and shall | 17 | | assist any distributor
who is willing to do so in finding a | 18 | | recycler willing to purchase the old
directories and in | 19 | | publicizing and promoting with citizens of the area
the | 20 | | distributor's collection efforts and schedules.
| 21 | | (h) (Blank). The Department shall assist, cooperate with | 22 | | and provide necessary
staff and resources for the Interagency | 23 | | Energy Conservation Committee,
which shall be chaired by the | 24 | | Director 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 | 2 | | Duties Law of the
Civil Administrative Code of Illinois is | 3 | | amended by changing Section 2310-367 as follows: | 4 | | (20 ILCS 2310/2310-367) | 5 | | Sec. 2310-367. Health Data Task Force; purpose; | 6 | | implementation plan. | 7 | | (a) In accordance with the recommendations of the 2007 | 8 | | State Health Improvement Plan, it is the policy of the State | 9 | | that, to the extent possible and consistent with privacy and | 10 | | other laws, State public health data and health-related | 11 | | administrative data are to be used to understand and report on | 12 | | the scope of health problems, plan prevention programs, and | 13 | | evaluate program effectiveness at the State and community | 14 | | level. It is a priority to use data to address racial, ethnic, | 15 | | and other health disparities. This system is intended to | 16 | | support State and community level public health planning, and | 17 | | is not intended to supplant or replace data-use agreements | 18 | | between State agencies and academic researchers for more | 19 | | specific research needs. | 20 | | (b) (Blank). Within 30 days after August 24, 2007 (the | 21 | | effective date of Public Act 95-418), a Health Data Task Force | 22 | | shall be convened to create a system for public access to | 23 | | integrated health data. The Task Force shall consist of the | 24 | | following: the Director of Public Health or his or her |
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| 1 | | designee; the Director of Healthcare and Family Services or his | 2 | | or her designee; the Secretary of Human Services or his or her | 3 | | designee; the Director of the Department on Aging or his or her | 4 | | designee; the Director of Children and Family Services or his | 5 | | or her designee; the State Superintendent of Education or his | 6 | | or her designee; and other State officials as deemed | 7 | | appropriate by the Governor. | 8 | | The Task Force shall be advised by a public advisory group | 9 | | consisting of community health data users, minority health | 10 | | advocates, local public health departments, and private data | 11 | | suppliers such as hospitals and other health care providers. | 12 | | Each member of the Task Force shall appoint 3 members of the | 13 | | public advisory group. The public advisory group shall assist | 14 | | the Task Force in setting goals, articulating user needs, and | 15 | | setting priorities for action. | 16 | | The Department of Public Health is primarily responsible | 17 | | for providing staff and administrative support to the Task | 18 | | Force. The other State agencies represented on the Task Force | 19 | | shall work cooperatively with the Department of Public Health | 20 | | to provide administrative support to the Task Force. The | 21 | | Department of Public Health shall have ongoing responsibility | 22 | | for monitoring the implementation of the plan and shall have | 23 | | ongoing responsibility to identify new or emerging data or | 24 | | technology needs. | 25 | | The State agencies represented on the Task Force shall | 26 | | review their health data, data collection, and dissemination |
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| 1 | | policies for opportunities to coordinate and integrate data and | 2 | | make data available within and outside State government in | 3 | | support of this State policy. To the extent possible, existing | 4 | | data infrastructure shall be used to create this system of | 5 | | public access to data. The Illinois Department of Health Care | 6 | | and Family Services data warehouse and the Illinois Department | 7 | | of Public Health IPLAN Data System may be the foundation of | 8 | | this system. | 9 | | (c) (Blank). The Task Force shall produce a plan with a | 10 | | phased and prioritized implementation timetable focusing on | 11 | | assuring access to improving the quality of data necessary to | 12 | | understand health disparities. The Task Force shall submit an | 13 | | initial report to the General Assembly no later than July 1, | 14 | | 2008, and shall make annual reports to the General Assembly on | 15 | | or before July 1 of each year through 2011 of the progress | 16 | | toward 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 | 20 | | Duties Law of the
Civil Administrative Code of Illinois is | 21 | | amended by repealing Section 2310-372. | 22 | | Section 10-25. The State Finance Act is amended by changing | 23 | | Sections 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 | 4 | | liquidity in the General Revenue Fund, the Healthcare Provider | 5 | | Relief Fund, and the Common School Fund, on and after July 1, | 6 | | 2010 and through June 30, 2011, the State Treasurer and the | 7 | | State Comptroller shall make transfers to the General Revenue | 8 | | Fund, the Healthcare Provider Relief Fund, or the Common School | 9 | | Fund, as directed by the Governor, out of special funds of the | 10 | | State, to the extent allowed by federal law. No transfer may be | 11 | | made from a fund under this Section that would have the effect | 12 | | of reducing the available balance in the fund to an amount less | 13 | | than the amount remaining unexpended and unreserved from the | 14 | | total appropriation from that fund estimated to be expended for | 15 | | that fiscal year. No such transfer may reduce the cumulative | 16 | | balance of all of the special funds of the State to an amount | 17 | | less than the total debt service payable during the 12 months | 18 | | immediately following the date of the transfer on any bonded | 19 | | indebtedness of the State and any certificates issued under the | 20 | | Short Term Borrowing Act. Notwithstanding any other provision | 21 | | of this Section, no such transfer may be made from any special | 22 | | fund that is exclusively collected by or appropriated to any | 23 | | other constitutional officer without the written approval of | 24 | | that constitutional officer. | 25 | | (b) If moneys have been transferred to the General Revenue | 26 | | Fund, the Healthcare Provider Relief Fund, or the Common School |
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| 1 | | Fund pursuant to subsection (a) of this Section, this | 2 | | amendatory Act of the 96th General Assembly shall constitute | 3 | | the irrevocable and continuing authority for and direction to | 4 | | the State Treasurer and State Comptroller to reimburse the | 5 | | funds of origin from the General Revenue Fund, the Healthcare | 6 | | Provider Relief Fund, or the Common School Fund, as | 7 | | appropriate, by transferring to the funds of origin, at such | 8 | | times and in such amounts as directed by the Governor when | 9 | | necessary to support appropriated expenditures from the funds, | 10 | | an amount equal to that transferred from them plus any interest | 11 | | that would have accrued thereon had the transfer not occurred, | 12 | | except that any moneys transferred pursuant to subsection (a) | 13 | | of this Section shall be repaid to the fund of origin within 18 | 14 | | months after the date on which they were borrowed. | 15 | | (c) On the first day of each quarterly period in each | 16 | | fiscal year, until such time as a report indicates that all | 17 | | moneys borrowed and interest pursuant to this Section have been | 18 | | repaid, the Governor's Office of Management and Budget shall | 19 | | provide to the President and the Minority Leader of the Senate, | 20 | | the Speaker and the Minority Leader of the House of | 21 | | Representatives, and the Commission on Government Forecasting | 22 | | and Accountability a report on all transfers made pursuant to | 23 | | this Section in the prior quarterly period. The report must be | 24 | | provided in both written and electronic format. The report must | 25 | | include all of the following: | 26 | | (1) The date each transfer was made. |
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| 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; | 12 | | 97-72, eff. 7-1-11 (see also P.A. 97-613 regarding effective | 13 | | date 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 | 16 | | Sales Tax Reform
Fund: (i) subject to appropriation to the | 17 | | Department of Revenue,
Municipalities having 1,000,000 or more | 18 | | inhabitants shall
receive 20% and may expend such amount to | 19 | | fund and establish a program for
developing and coordinating | 20 | | public and private resources targeted to meet
the affordable | 21 | | housing needs of low-income and very low-income households
| 22 | | within such municipality, (ii) 10% shall be transferred into | 23 | | the Regional
Transportation Authority Occupation and Use Tax | 24 | | Replacement Fund, a special
fund in the State treasury which is | 25 | | hereby created, (iii) until July 1, 2013, subject to
|
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| 1 | | appropriation to the Department of Transportation, the The | 2 | | Madison County Mass Transit
District shall receive .6%, and | 3 | | beginning on July 1, 2013, subject to appropriation to the | 4 | | Department of Revenue, 0.6% shall be distributed each month out | 5 | | of the Fund to the Madison County Mass Transit District, (iv)
| 6 | | the following amounts, plus any cumulative deficiency in such | 7 | | transfers for
prior months, shall be transferred monthly into | 8 | | the Build Illinois
Fund and credited to the Build Illinois Bond | 9 | | Account therein:
|
|
10 | | Fiscal Year |
Amount |
|
11 | | 1990 |
$2,700,000 |
|
12 | | 1991 |
1,850,000 |
|
13 | | 1992 |
2,750,000 |
|
14 | | 1993 |
2,950,000 |
|
15 | | From Fiscal Year 1994 through Fiscal Year 2025 the transfer | 16 | | shall total
$3,150,000 monthly, plus any cumulative deficiency | 17 | | in such transfers for
prior months, and (v) the remainder of | 18 | | the money paid into the State and
Local Sales Tax Reform Fund | 19 | | shall be
transferred into the Local Government Distributive | 20 | | Fund and, except for
municipalities with 1,000,000 or more | 21 | | inhabitants which shall receive no
portion of such remainder, | 22 | | shall be distributed, subject to appropriation,
in the manner | 23 | | provided by Section 2 of "An Act in relation to State revenue
| 24 | | sharing with local government entities", approved July 31, | 25 | | 1969, as now or
hereafter amended. Municipalities with more | 26 | | than 50,000 inhabitants
according to the 1980 U.S. Census and |
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| 1 | | located within the Metro East Mass
Transit District receiving | 2 | | funds pursuant to provision (v) of this
paragraph may expend | 3 | | such amounts to fund and establish a program for
developing and | 4 | | coordinating public and private resources targeted to meet
the | 5 | | affordable housing needs of low-income and very low-income | 6 | | households
within such municipality.
| 7 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 8 | | Section 10-27. The Federal Stimulus Tracking Act is amended | 9 | | by 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, | 14 | | shall track and report by means of a quarterly monthly report | 15 | | the State's spending of the federal stimulus moneys provided | 16 | | pursuant to the American Recovery and Reinvestment Act of 2009. | 17 | | (b) Each quarterly monthly report shall list the amount of | 18 | | the State's federal stimulus spending, by category, based on | 19 | | available federal and State data. The reports may also list any | 20 | | required matching funds required by the State to be eligible | 21 | | for federal stimulus funding. The reports may make | 22 | | recommendations (i) concerning ways for Illinois to maximize | 23 | | its share of federal stimulus spending or (ii) suggesting | 24 | | changes to Illinois law that could help to maximize its share |
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| 1 | | of federal stimulus spending. A final report compiling data | 2 | | from the quarterly monthly reports shall be available online at | 3 | | the conclusion of the American Recovery and Reinvestment Act | 4 | | program or by December 31, 2014, whichever occurs first. | 5 | | (c) The reports shall be available on a State of Illinois | 6 | | website and filed with the Speaker and Minority Leader of the | 7 | | House and the President and Minority Leader of the Senate. | 8 | | (d) The General Assembly may by resolution request that | 9 | | specific data, findings, or analyses be included in a monthly | 10 | | report. The Commission on Government Forecasting and | 11 | | Accountability shall provide the Governor's Office technical, | 12 | | analytical, and substantive assistance in preparing the | 13 | | requested 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 | 17 | | by 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 | 20 | | this Section,
Bonds shall be sold from time to time pursuant to
| 21 | | notice of sale and public bid or by negotiated sale
in such | 22 | | amounts and at such
times as is directed by the Governor, upon | 23 | | recommendation by the Director of
the
Governor's Office of | 24 | | Management and Budget. At least 25%, based on total principal |
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| 1 | | amount, of all Bonds issued each fiscal year shall be sold | 2 | | pursuant to notice of sale and public bid. At all times during | 3 | | each fiscal year, no more than 75%, based on total principal | 4 | | amount, of the Bonds issued each fiscal year, shall have been | 5 | | sold by negotiated sale. Failure to satisfy the requirements in | 6 | | the preceding 2 sentences shall not affect the validity of any | 7 | | previously issued Bonds; provided that all Bonds authorized by | 8 | | Public Act 96-43 and this amendatory Act of the 96th General | 9 | | Assembly shall not be included in determining compliance for | 10 | | any fiscal year with the requirements of the preceding 2 | 11 | | sentences; and further provided that refunding Bonds | 12 | | satisfying the requirements of Section 16 of this Act and sold | 13 | | during fiscal year 2009, 2010, or 2011 shall not be subject to | 14 | | the requirements in the preceding 2 sentences.
| 15 | | If
any Bonds, including refunding Bonds, are to be sold by | 16 | | negotiated
sale, the
Director of the
Governor's Office of | 17 | | Management and Budget
shall comply with the
competitive request | 18 | | for proposal process set forth in the Illinois
Procurement Code | 19 | | and all other applicable requirements of that Code.
| 20 | | If Bonds are to be sold pursuant to notice of sale and | 21 | | public bid, the
Director of the
Governor's Office of Management | 22 | | and Budget may shall , from time to time, as Bonds are to be | 23 | | sold, advertise
the sale of the Bonds in at least 2 daily | 24 | | newspapers, one of which is
published in the City of | 25 | | Springfield and one in the City of Chicago. The sale
of the | 26 | | Bonds shall also be
advertised in the volume of the Illinois |
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| 1 | | Procurement Bulletin that is
published by the Department of | 2 | | Central Management Services , and . Each of
the advertisements | 3 | | for
proposals shall be published once at least
10 days prior to | 4 | | the date fixed
for the opening of the bids. The Director of the
| 5 | | Governor's Office of Management and Budget may
reschedule the | 6 | | date of sale upon the giving of such additional notice as the
| 7 | | Director deems adequate to inform prospective bidders of
such | 8 | | change; provided, however, that all other conditions of the | 9 | | sale shall
continue as originally advertised.
| 10 | | Executed Bonds shall, upon payment therefor, be delivered | 11 | | to the purchaser,
and the proceeds of Bonds shall be paid into | 12 | | the 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; | 14 | | 96-1497, eff. 1-14-11.)
| 15 | | Section 10-35. The Build Illinois Bond Act is amended by | 16 | | changing 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 | 19 | | in this Section, shall be sold from time to time pursuant to
| 20 | | notice of sale and public bid or by negotiated sale in such | 21 | | amounts and at such
times as are directed by the Governor, upon | 22 | | recommendation by the Director of
the Governor's Office of | 23 | | Management and Budget. At least 25%, based on total principal | 24 | | amount, of all Bonds issued each fiscal year shall be sold |
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| 1 | | pursuant to notice of sale and public bid. At all times during | 2 | | each fiscal year, no more than 75%, based on total principal | 3 | | amount, of the Bonds issued each fiscal year shall have been | 4 | | sold by negotiated sale. Failure to satisfy the requirements in | 5 | | the preceding 2 sentences shall not affect the validity of any | 6 | | previously issued Bonds; and further provided that refunding | 7 | | Bonds satisfying the requirements of Section 15 of this Act and | 8 | | sold during fiscal year 2009, 2010, or 2011 shall not be | 9 | | subject to the requirements in the preceding 2 sentences. | 10 | | If any Bonds are to be sold pursuant to notice of sale and | 11 | | public bid, the Director of the
Governor's Office of Management | 12 | | and Budget shall comply with the
competitive request for | 13 | | proposal process set forth in the Illinois
Procurement Code and | 14 | | all other applicable requirements of that Code. | 15 | | If Bonds are to be sold pursuant to notice of sale and | 16 | | public bid, the
Director of the
Governor's Office of Management | 17 | | and Budget may shall , from time to time, as Bonds are to be | 18 | | sold, advertise
the sale of the Bonds in at least 2 daily | 19 | | newspapers, one of which is
published in the City of | 20 | | Springfield and one in the City of Chicago. The sale
of the | 21 | | Bonds shall also be
advertised in the volume of the Illinois | 22 | | Procurement Bulletin that is
published by the Department of | 23 | | Central Management Services , and . Each of
the advertisements | 24 | | for
proposals shall be published once at least 10 days prior to | 25 | | the date fixed
for the opening of the bids. The Director of the
| 26 | | Governor's Office of Management and Budget may
reschedule the |
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| 1 | | date of sale upon the giving of such additional notice as the
| 2 | | Director deems adequate to inform prospective bidders of
the | 3 | | change; provided, however, that all other conditions of the | 4 | | sale shall
continue as originally advertised.
Executed Bonds | 5 | | shall, upon payment
therefor, be delivered to the purchaser, | 6 | | and the proceeds of Bonds shall be
paid into the State Treasury | 7 | | as
directed by Section 9 of this Act.
The
Governor or the | 8 | | Director of the
Governor's Office of Management and Budget is | 9 | | hereby authorized
and directed to execute and
deliver contracts | 10 | | of sale with underwriters and to execute and deliver such
| 11 | | certificates, indentures, agreements and documents, including | 12 | | any
supplements or amendments thereto, and to take such actions | 13 | | and do such
things as shall be necessary or desirable to carry | 14 | | out the purposes of this
Act.
Any action authorized or | 15 | | permitted to be taken by the Director of the
Governor's Office | 16 | | of Management and Budget
pursuant to this Act is hereby | 17 | | authorized to be taken
by any person specifically designated by | 18 | | the Governor to take such action
in a certificate signed by the | 19 | | Governor 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 | 22 | | is 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 |
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| 1 | | Commerce
and Economic Opportunity.
| 2 | | "Governing bodies" means, as to any county, municipality or | 3 | | township,
the body empowered to enact ordinances or to adopt | 4 | | resolutions for the
governance of such county, municipality or | 5 | | township.
| 6 | | "Industrial development agency" means any nonprofit | 7 | | corporation,
organization, association or agency which shall | 8 | | be designated by proper
resolution of the governing body of any | 9 | | county, concurred in by
resolution of the governing bodies of | 10 | | municipalities or townships within
said county having in the | 11 | | aggregate over 50% of the population of said
county, as | 12 | | determined by the last preceding decennial United States
| 13 | | Census, as the agency authorized to make application to and | 14 | | receive
grants , subject to appropriation, from the Department | 15 | | of Commerce and Economic Opportunity
for the purposes specified | 16 | | in this Act. Any two or more counties may, by the
procedures | 17 | | provided in this Act, designate a single industrial
development | 18 | | agency 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 | 21 | | changing 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 |
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| 1 | | establish a comprehensive community economic
development | 2 | | project. The project shall provide technical assistance to 5
| 3 | | communities 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 | 15 | | select the communities that participate in the
project through | 16 | | a competitive process open to all communities in Illinois. For
| 17 | | purposes of this Section, "community" includes municipalities, | 18 | | other units of
local government, and neighborhoods and regions | 19 | | within municipalities or other
units of local government. | 20 | | Community direction of the project and the capacity
of the | 21 | | community to fulfill project goals established by the | 22 | | Department shall
be prerequisites for participation. The | 23 | | Department shall issue rules
establishing the competitive | 24 | | process.
| 25 | | (Source: P.A. 88-191; 88-670, eff. 12-2-94.)
|
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| 1 | | (50 ILCS 330/5 rep.)
| 2 | | Section 10-50. The Illinois Municipal Budget Law is amended | 3 | | by repealing Section 5.
| 4 | | (205 ILCS 5/12 rep.)
| 5 | | Section 10-55. The Illinois Banking Act is amended by | 6 | | repealing Section 12.
| 7 | | (205 ILCS 205/8006 rep.)
| 8 | | Section 10-60. The Savings Bank Act is amended by repealing | 9 | | Section 8006. | 10 | | Section 10-65. The Sales Finance Agency Act is amended by | 11 | | changing Section 13 as follows:
| 12 | | (205 ILCS 660/13) (from Ch. 17, par. 5231)
| 13 | | Sec. 13. Rules. The Department may make and enforce such | 14 | | reasonable
rules,
regulations, directions, orders, decisions | 15 | | and findings as the execution
and enforcement of this Act | 16 | | require, and as are not inconsistent therewith.
In addition, | 17 | | the Department may promulgate rules in connection with the
| 18 | | activities of licensees that are necessary and appropriate for | 19 | | the protection
of consumers in this State.
All rules and
| 20 | | regulations shall be posted on the Department's website. Upon | 21 | | the written request of a licensee, printed and copies thereof
| 22 | | shall be printed and mailed to the licensee all licensees .
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| 1 | | (Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
| 2 | | Section 10-70. The Consumer Installment Loan Act is amended | 3 | | by changing Section 22 as follows:
| 4 | | (205 ILCS 670/22) (from Ch. 17, par. 5428)
| 5 | | Sec. 22.
Rules and
regulations.
The Department may make and | 6 | | enforce such reasonable rules, regulations,
directions, | 7 | | orders, decisions, and findings as the execution and
| 8 | | enforcement of the provisions of this Act require, and as are | 9 | | not
inconsistent therewith.
In addition, the Department may | 10 | | promulgate rules in connection with the
activities of licensees | 11 | | that are necessary and appropriate for the protection
of | 12 | | consumers in this State.
All rules, regulations and directions | 13 | | of a general
character
shall be posted on the Department's | 14 | | website. Upon the written request of a licensee, printed and | 15 | | copies thereof shall be printed and mailed to the licensee all | 16 | | licensees .
| 17 | | (Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
| 18 | | Section 10-75. The Illinois Chemical Safety Act is amended | 19 | | by changing Section 3 as follows:
| 20 | | (430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
| 21 | | Sec. 3. Definitions. For the purposes of this Act:
| 22 | | "Agency" means the Illinois Environmental Protection |
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| 1 | | Agency.
| 2 | | "Business" means any individual, partnership, corporation, | 3 | | or association
in the State engaged in a business operation | 4 | | that has 5 or more
full-time employees, or 20 or more part-time | 5 | | employees, and that is
properly assigned or included within one | 6 | | of the following Standard
Industrial Classifications (SIC), as | 7 | | designated in the Standard Industrial
Classification Manual | 8 | | prepared by the Federal Office of Management and Budget:
| 9 | | 2295 Coated fabrics, not rubberized;
| 10 | | 2491 Wood preserving;
| 11 | | 2671 Packaging paper and plastics film, coated and | 12 | | laminated;
| 13 | | 2672 Coated and laminated paper, not elsewhere classified;
| 14 | | 2812 Alkalies and chlorine;
| 15 | | 2813 Industrial gases;
| 16 | | 2819 Industrial inorganic chemicals, not elsewhere | 17 | | classified;
| 18 | | 2821 Plastic materials, synthetic resins, and | 19 | | non-vulcanizable elastomers;
| 20 | | 2834 Pharmaceutical preparations;
| 21 | | 2842 Specialty cleaning, polishing and sanitation | 22 | | preparations;
| 23 | | 2851 Paints, varnishes, lacquers, enamels, and allied | 24 | | products;
| 25 | | 2865 Cyclic (coal tar) crudes, and cyclic intermediaries, | 26 | | dyes and organic
pigments (lakes and toners);
|
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| 1 | | 2869 Industrial organic chemicals, not elsewhere | 2 | | classified;
| 3 | | 2873 Nitrogenous fertilizer;
| 4 | | 2874 Phosphatic fertilizers;
| 5 | | 2879 Pesticides and agricultural chemicals, not elsewhere | 6 | | classified;
| 7 | | 2891 Adhesives and sealants;
| 8 | | 2892 Explosives;
| 9 | | 2911 Petroleum refining;
| 10 | | 2952 Asphalt felts and coatings;
| 11 | | 2999 Products of petroleum and coal, not elsewhere | 12 | | classified;
| 13 | | 3081 Unsupported plastics, film and sheet;
| 14 | | 3082 Unsupported plastics profile shapes;
| 15 | | 3083 Laminated plastics plate, sheet and profile shapes;
| 16 | | 3084 Plastic pipe;
| 17 | | 3085 Plastic bottles;
| 18 | | 3086 Plastic foam products;
| 19 | | 3087 Custom compounding of purchased plastic resin;
| 20 | | 3088 Plastic plumbing fixtures;
| 21 | | 3089 Plastic products, not elsewhere classified;
| 22 | | 3111 Leather tanning and finishing;
| 23 | | 3339 Primary smelting and refining of nonferrous metals, | 24 | | except
copper and aluminum;
| 25 | | 3432 Plumbing fixture fittings and trim;
| 26 | | 3471 Electroplating, plating, polishing, anodizing and |
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| 1 | | coloring;
| 2 | | 4953 Refuse systems;
| 3 | | 5085 Industrial supplies;
| 4 | | 5162 Plastic materials and basic forms and shapes;
| 5 | | 5169 Chemicals and allied products, not elsewhere | 6 | | classified;
| 7 | | 5171 Petroleum bulk stations and terminals;
| 8 | | 5172 Petroleum and petroleum products, wholesalers, except | 9 | | bulk
stations and terminals.
| 10 | | For the purposes of this Act, the SIC Code that a business | 11 | | uses for
determining its coverage under The Unemployment | 12 | | Insurance Act shall
be the SIC Code for determining the | 13 | | applicability of this Act.
On an annual basis, the Department | 14 | | of Employment Security shall provide
the IEMA with a list of | 15 | | those regulated facilities covered by the
above mentioned SIC | 16 | | codes.
| 17 | | "Business" also means any facility not covered by the above | 18 | | SIC codes
that is subject to the provisions of Section 302 of | 19 | | the federal Emergency
Planning and Community Right-to-Know Act | 20 | | of 1986 and that is found by the
Agency to use, store, or | 21 | | manufacture a chemical substance in a quantity that
poses a | 22 | | threat to the environment or public health. Such a | 23 | | determination
shall be based on an on-site inspection conducted | 24 | | by the Agency and
certified to the IEMA. The Agency shall also | 25 | | conduct
inspections at the
request of IEMA or upon a written | 26 | | request setting forth a justification to
the IEMA from the |
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| 1 | | chairman of the local emergency planning committee upon
| 2 | | recommendation of the committee. The IEMA shall transmit a copy | 3 | | of the
request to the Agency. The Agency may, in the event of a | 4 | | reportable
release that occurs at any facility operated or | 5 | | owned by a business not
covered by the above SIC codes, conduct | 6 | | inspections if the site hazard
appears to warrant such action. | 7 | | The above notwithstanding, any farm
operation shall not be | 8 | | considered as a facility subject to this definition.
| 9 | | Notwithstanding the above, for purposes of this Act, | 10 | | "business" does not
mean any facility for which the | 11 | | requirements promulgated at Part 1910.119 of
Title 29 of the | 12 | | Code of Federal Regulations are applicable or which has
| 13 | | completed and submitted the plan required by Part 68 of Title | 14 | | 40 of the Code
of Federal Regulations, provided that such | 15 | | business conducts and
documents in writing an assessment for | 16 | | any instance where the Agency provides
notice that a | 17 | | significant release of a chemical substance has occurred at a
| 18 | | facility. Such assessment shall explain the nature, cause and | 19 | | known effects
of the release, any mitigating actions taken, and | 20 | | preventive measures that can
be employed to avoid a future | 21 | | release. Such assessment shall be available at
the facility for | 22 | | review within 30 days after the Agency notifies the facility
| 23 | | that a significant release has occurred. The Agency may provide | 24 | | written
comments to the business following an on-site review of | 25 | | an assessment.
| 26 | | "Chemical name" means the scientific designation of a |
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| 1 | | chemical in
accordance with the nomenclature system developed | 2 | | by the International
Union of Pure and Applied Chemistry | 3 | | (IUPAC) or the American Chemical
Society's Chemical Abstracts | 4 | | Service (CAS) rules of nomenclature, or a name
that will | 5 | | clearly identify the chemical for hazard evaluation purposes.
| 6 | | "Chemical substance" means any "extremely hazardous
| 7 | | substance" listed in Appendix A of 40 C.F.R. Part 355 that is | 8 | | present at
a facility in an amount in excess of its threshold
| 9 | | planning quantity, any "hazardous substance" listed in 40
| 10 | | C.F.R. Section 302.4 that is present at a facility in an amount | 11 | | in excess of
its
reportable quantity or in excess of its | 12 | | threshold planning quantity if it is
also an "extremely | 13 | | hazardous substance",
and any petroleum including crude
oil
or | 14 | | any fraction thereof
that is present at a facility in an
amount | 15 | | exceeding 100 pounds unless it is specifically listed as a | 16 | | "hazardous
substance" or an "extremely hazardous substance". | 17 | | "Chemical substance" does
not mean any substance to the extent | 18 | | it is used for personal, family, or
household purposes or to | 19 | | the extent it is present in the same form and
concentration as | 20 | | a product packaged for distribution to and use by the general
| 21 | | public.
| 22 | | "IEMA" means the Illinois Emergency Management Agency.
| 23 | | "Facility" means the buildings and all real property | 24 | | contiguous thereto,
and the equipment at a single
location used | 25 | | for the conduct of business.
| 26 | | "Local emergency planning committee" means the committee |
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| 1 | | that is
appointed for an emergency planning district under the | 2 | | provisions of
Section 301 of the federal Emergency Planning and | 3 | | Community Right-to-Know
Act of 1986.
| 4 | | "Release" means any sudden spilling, leaking, pumping, | 5 | | pouring, emitting,
escaping, emptying, discharging, injecting, | 6 | | leaching, dumping, or disposing
into the environment beyond the | 7 | | boundaries of a facility, but excludes
the following:
| 8 | | (a) Any release that results in exposure to persons | 9 | | solely
within a workplace,
with respect to a claim that | 10 | | such persons may assert against their
employer.
| 11 | | (b) Emissions from the engine exhaust of a motor | 12 | | vehicle, rolling
stock, aircraft, vessel, or pipeline | 13 | | pumping station engine.
| 14 | | (c) Release of
source, byproduct, or special nuclear | 15 | | material from a nuclear incident, as
those terms are | 16 | | defined in the Atomic Energy Act of 1954, if the release
is | 17 | | subject to requirements with respect to financial | 18 | | protection established
by the Nuclear Regulatory | 19 | | Commission under Section 170 of the Atomic
Energy Act of | 20 | | 1954.
| 21 | | (d) The normal application of fertilizer.
| 22 | | "Significant release" means any release which is so | 23 | | designated in writing
by the Agency or the IEMA based upon an | 24 | | inspection at the site of an
emergency incident, or any release | 25 | | which results in any evacuation,
hospitalization, or | 26 | | fatalities of the public.
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| 1 | | (Source: P.A. 97-333, eff. 8-12-11.)
| 2 | | (625 ILCS 5/15-115 rep.)
| 3 | | Section 10-80. The Illinois Vehicle Code is amended by | 4 | | repealing Section 15-115. | 5 | | Section 10-85. The Payday Loan Reform Act is amended by | 6 | | changing Section 4-30 as follows: | 7 | | (815 ILCS 122/4-30)
| 8 | | Sec. 4-30. Rulemaking; industry review. | 9 | | (a) The Department may make and enforce such reasonable | 10 | | rules, regulations, directions, orders, decisions, and | 11 | | findings as the execution and enforcement of the provisions of | 12 | | this Act require, and as are not inconsistent therewith. All | 13 | | rules, regulations, and directions of a general character shall | 14 | | be posted on the Department's website. Upon the written request | 15 | | of a licensee, printed and copies thereof shall be printed and | 16 | | mailed to the licensee all licensees . | 17 | | (b) Within 6 months after the effective date of this Act, | 18 | | the Department shall promulgate reasonable rules regarding the | 19 | | issuance of payday loans by banks, savings banks, savings and | 20 | | loan associations, credit unions, and insurance companies. | 21 | | These rules shall be consistent with this Act and shall be | 22 | | limited in scope to the actual products and services offered by | 23 | | lenders governed by this Act. |
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| 1 | | (c) After the effective date of this Act, the Department | 2 | | shall, over a 3-year period, conduct a study of the payday loan | 3 | | industry
to determine the impact and effectiveness of this Act. | 4 | | The Department
shall report its findings to the General | 5 | | Assembly within 3 months of the
third anniversary of the | 6 | | effective date of this Act. The study shall
determine the | 7 | | effect of this Act on the protection of consumers in this
State | 8 | | and on the fair and reasonable regulation of the payday loan | 9 | | industry. The
study shall include, but shall not be limited to, | 10 | | an analysis of the ability
of the industry to use private | 11 | | reporting tools that: | 12 | | (1) ensure substantial compliance with this Act, | 13 | | including real time reporting of outstanding payday loans; | 14 | | and | 15 | | (2) provide data to the Department in an appropriate | 16 | | form and with appropriate content to allow the Department | 17 | | to adequately monitor the industry. | 18 | | The report of the Department shall, if necessary, identify | 19 | | and recommend specific amendments to this Act to further | 20 | | protect consumers and to guarantee fair and reasonable | 21 | | regulation of the payday loan industry.
| 22 | | (Source: P.A. 94-13, eff. 12-6-05.) | 23 | | ARTICLE 99. EFFECTIVE DATE
| 24 | | Section 99-99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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