Full Text of SB1589 98th General Assembly
SB1589eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Finance Authority Act is amended by | 5 | | changing Section 825-95 as follows: | 6 | | (20 ILCS 3501/825-95)
| 7 | | Sec. 825-95. Emerald ash borer revolving loan program. | 8 | | (a) The Illinois Finance Authority may shall administer an | 9 | | emerald ash borer revolving loan program. The program shall | 10 | | provide low-interest or zero-interest loans to units of local | 11 | | government for the treatment of standing trees and replanting | 12 | | of trees on public lands that are within emerald ash borer | 13 | | quarantine areas as established by the Illinois Department of | 14 | | Agriculture. The Authority shall make loans based on the | 15 | | recommendation of the Department of Agriculture.
For the | 16 | | purposes of this Section, "treatment" means the | 17 | | administration, by environmentally sensitive processes and | 18 | | methods, of products and materials proven by academic research | 19 | | to protect ash trees from the invasive Emerald Ash Borer in | 20 | | order to prevent or reverse the damage and save the trees. | 21 | | (b) The loan funds, subject to appropriation, must be paid | 22 | | out of the Emerald Ash Borer Revolving Loan Fund, a special | 23 | | fund created in the State treasury. The moneys in the Fund |
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| 1 | | consist of any moneys transferred or appropriated into the Fund | 2 | | as well as all repayments of loans made under this program. | 3 | | Moneys in the Fund may be used only for loans to units of local | 4 | | government for the treatment of standing trees and replanting | 5 | | of trees within emerald ash borer quarantine areas established | 6 | | by the Department of Agriculture and for no other purpose. All | 7 | | interest earned on moneys in the Fund must be deposited into | 8 | | the Fund.
| 9 | | (c) A loan for the treatment of standing trees and | 10 | | replanting of trees on public lands within emerald ash borer | 11 | | quarantine areas established by the Department of Agriculture | 12 | | may not exceed $5,000,000 to any one unit of local government. | 13 | | The repayment period for the loan may not exceed 20 years. The | 14 | | unit of local government shall repay, each year, at least 5% of | 15 | | the principal amount borrowed or the remaining balance of the | 16 | | loan, whichever is less. All repayments of loans must be | 17 | | deposited into the Emerald Ash Borer Revolving Loan Fund.
| 18 | | (d) Any loan under this Section to a unit of local | 19 | | government may not exceed the moneys that the unit of local | 20 | | government expends or dedicates for the reforestation project | 21 | | for which the loan is made.
| 22 | | (e) The Department of Agriculture may enter into agreements | 23 | | with a unit of local government under which the unit of local | 24 | | government is authorized to assist the Department in carrying | 25 | | out its duties in a quarantined area, including inspection and | 26 | | eradication of any dangerous insect or dangerous plant disease, |
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| 1 | | and including the transportation, processing, and disposal of | 2 | | diseased material. The Department is authorized to provide | 3 | | compensation or financial assistance to the unit of local | 4 | | government for its costs.
| 5 | | (f) The Authority, with the assistance of the Department of | 6 | | Agriculture and the Department of Natural Resources, shall | 7 | | adopt rules to administer the program under this Section.
| 8 | | (Source: P.A. 95-588, eff. 9-4-07; 95-876, eff. 8-21-08.) | 9 | | Section 10. The Illinois Municipal Code is amended by | 10 | | changing Section 11-20-12 as follows:
| 11 | | (65 ILCS 5/11-20-12) (from Ch. 24, par. 11-20-12)
| 12 | | Sec. 11-20-12. Removal of infected trees. | 13 | | (a) The corporate authorities of each municipality may | 14 | | provide for the treatment or
removal of elm trees infected with | 15 | | Dutch elm disease or ash trees infected with the emerald ash | 16 | | borer (Agrilus planipennis Fairmaire) from any parcel of | 17 | | private property within the municipality if the owners of that | 18 | | parcel, after reasonable notice, refuse or neglect to treat or | 19 | | remove the infected trees. The municipality may collect, from | 20 | | the owners of the parcel, the reasonable removal cost. | 21 | | (b) The municipality's removal cost under this Section is a | 22 | | lien upon the underlying parcel in accordance with Section | 23 | | 11-20-15. | 24 | | (c) For the purpose of this Section, "removal cost" means |
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| 1 | | the total cost of the removal of the infected trees. | 2 | | "Treatment" means the administration, by environmentally | 3 | | sensitive processes and methods, of products and materials | 4 | | proven by academic research to protect elm and ash trees from | 5 | | an invasive disease in order to prevent or reverse the damage | 6 | | and save the trees.
| 7 | | (d) In the case of an abandoned residential property as | 8 | | defined in Section 11-20-15.1, the municipality may elect to | 9 | | obtain a lien for the removal cost pursuant to Section | 10 | | 11-20-15.1, in which case the provisions of Section 11-20-15.1 | 11 | | shall be the exclusive remedy for the removal cost. | 12 | | The provisions of this subsection (d), other than this | 13 | | sentence, are inoperative upon certification by the Secretary | 14 | | of the Illinois Department of Financial and Professional | 15 | | Regulation, after consultation with the United States | 16 | | Department of Housing and Urban Development, that the Mortgage | 17 | | Electronic Registration System program is effectively | 18 | | registering substantially all mortgaged residential properties | 19 | | located in the State of Illinois, is available for access by | 20 | | all municipalities located in the State of Illinois without | 21 | | charge to them, and such registration includes the telephone | 22 | | number for the mortgage servicer. | 23 | | (Source: P.A. 95-183, eff. 8-14-07; 96-462, eff. 8-14-09; | 24 | | 96-856, eff. 3-1-10.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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