[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] | [ Conference Committee Report 002 ] |
92_HB1640ccr001
LRB9203431JMpcccr
1 92ND GENERAL ASSEMBLY
2 FIRST CONFERENCE COMMITTEE REPORT
3 ON HOUSE BILL 1640
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to Senate
10 Amendment No. 1 to House Bill 1640, recommend the following:
11 (1) that the Senate recede from Senate Amendment No. 1;
12 and
13 (2) that House Bill 1640 be amended as follows:
14 by replacing the title with the following:
15 "AN ACT in relation to State government."; and
16 by replacing everything after the enacting clause with the
17 following:
18 "Section 5. The State Budget Law of the Civil
19 Administrative Code of Illinois is amended by changing
20 Section 50-15 as follows:
21 (15 ILCS 20/50-15) (was 15 ILCS 20/38.2)
22 Sec. 50-15. Department accountability reports; Budget
23 Advisory Panel.
24 (a) Beginning in the fiscal year which begins July 1,
25 1992, each department of State government as listed in
26 Section 5-15 of the Departments of State Government Law (20
27 ILCS 5/5-15) shall submit an annual accountability report to
28 the Bureau of the Budget at times designated by the Director
29 of the Bureau of the Budget. Each accountability report shall
30 be designed to assist the Bureau of the Budget in its duties
31 under Sections 2.2 and 2.3 of the Bureau of the Budget Act
-2- LRB9203431JMpcccr
1 and shall measure the department's performance based on
2 criteria, goals, and objectives established by the department
3 with the oversight and assistance of the Bureau of the
4 Budget. Each department shall also submit interim progress
5 reports at times designated by the Director of the Bureau of
6 the Budget.
7 (b) (Blank). There is created a Budget Advisory Panel,
8 consisting of 10 representatives of private business and
9 industry appointed 2 each by the Governor, the President of
10 the Senate, the Minority Leader of the Senate, the Speaker of
11 the House of Representatives, and the Minority Leader of the
12 House of Representatives. The Budget Advisory Panel shall
13 aid the Bureau of the Budget in the establishment of the
14 criteria, goals, and objectives by the departments for use in
15 measuring their performance in accountability reports. The
16 Budget Advisory Panel shall also assist the Bureau of the
17 Budget in reviewing accountability reports and assessing the
18 effectiveness of each department's performance measures. The
19 Budget Advisory Panel shall submit to the Bureau of the
20 Budget a report of its activities and recommendations for
21 change in the procedures established in subsection (a) at the
22 time designated by the Director of the Bureau of the Budget,
23 but in any case no later than the third Friday of each
24 November.
25 (c) The Director of the Bureau of the Budget shall
26 select not more than 3 departments for a pilot program
27 implementing the procedures of subsection (a) for budget
28 requests for the fiscal years beginning July 1, 1990 and July
29 1, 1991, and each of the departments elected shall submit
30 accountability reports for those fiscal years.
31 By April 1, 1991, the Bureau of the Budget with the
32 assistance of the Budget Advisory Panel shall recommend in
33 writing to the Governor any changes in the budget review
34 process established pursuant to this Section suggested by its
35 evaluation of the pilot program. The Governor shall submit
-3- LRB9203431JMpcccr
1 changes to the budget review process that the Governor plans
2 to adopt, based on the report, to the President and Minority
3 Leader of the Senate and the Speaker and Minority Leader of
4 the House of Representatives.
5 (Source: P.A. 91-239, eff. 1-1-00.)
6 (20 ILCS 230/15 rep.)
7 Section 15. The Biotechnology Sector Development Act is
8 amended by repealing Section 15.
9 Section 25. The Department of Central Management
10 Services Law of the Civil Administrative Code of Illinois is
11 amended by changing Section 405-500 as follows:
12 (20 ILCS 405/405-500)
13 Sec. 405-500. Matters relating to the Office of the
14 Lieutenant Governor.
15 (a) It is the purpose of this Section to provide for the
16 administration of the affairs of the Office of the Lieutenant
17 Governor during a period when the Office of Lieutenant
18 Governor is vacant.
19 It is the intent of the General Assembly that all powers
20 and duties of the Lieutenant Governor assumed and exercised
21 by the Director of Central Management Services, the
22 Department of Central Management Services, or another
23 Director, State employee, or State agency designated by the
24 Governor under the provisions of Public Act 90-609 be
25 reassumed by the Lieutenant Governor on January 11, 1999.
26 (b) Until January 11, 1999, while the office of
27 Lieutenant Governor is vacant, the Director of Central
28 Management Services shall assume and exercise the powers and
29 duties given to the Lieutenant Governor under the Illinois
30 Commission on Community Service Act, Section 46.53 of the
31 Civil Administrative Code of Illinois (renumbered; now
32 Section 605-75 of the Department of Commerce and Community
-4- LRB9203431JMpcccr
1 Affairs Law, 20 ILCS 605/605-75) (relating to the Keep
2 Illinois Beautiful program), Section 12-1 of the State
3 Finance Act, and the Gifts and Grants to Government Act, and
4 the Illinois Distance Learning Foundation Act.
5 The Director of Central Management Services shall not
6 assume or exercise the powers and duties given to the
7 Lieutenant Governor under the Rural Bond Bank Act.
8 (c) Until January 11, 1999, while the office of
9 Lieutenant Governor is vacant, the Department of Central
10 Management Services shall assume and exercise the powers and
11 duties given to the Office of the Lieutenant Governor under
12 Section 2-3.112 of the School Code, the Illinois River
13 Watershed Restoration Act, the Illinois Wildlife Prairie Park
14 Act, and Section 12-1 of the State Finance Act, and the
15 Illinois Distance Learning Foundation Act.
16 (c-5) Notwithstanding subsection (c): (i) the Governor
17 shall appoint an interim member, who shall be interim
18 chairperson, of the Illinois River Coordinating Council while
19 the office of the Lieutenant Governor is vacant until January
20 11, 1999 and (ii) the Governor shall appoint an interim
21 member, who shall be interim chairperson, of the Illinois
22 Wildlife Prairie Park Commission while the office of the
23 Lieutenant Governor is vacant until January 11, 1999.
24 (d) Until January 11, 1999, while the office of
25 Lieutenant Governor is vacant, the Department of Central
26 Management Services may assume and exercise the powers and
27 duties that have been delegated to the Lieutenant Governor by
28 the Governor.
29 (e) Until January 11, 1999, while the office of
30 Lieutenant Governor is vacant, appropriations to the Office
31 of the Lieutenant Governor may be obligated and expended by
32 the Department of Central Management Services, with the
33 authorization of the Director of Central Management Services,
34 for the purposes specified in those appropriations. These
35 obligations and expenditures shall continue to be accounted
-5- LRB9203431JMpcccr
1 for as obligations and expenditures of the Office of the
2 Lieutenant Governor.
3 (f) Until January 11, 1999, while the office of
4 Lieutenant Governor is vacant, all employees of the Office of
5 the Lieutenant Governor who are needed to carry out the
6 responsibilities of the Office are temporarily reassigned to
7 the Department of Central Management Services. This
8 reassignment shall not be deemed to constitute new employment
9 or to change the terms or conditions of employment or the
10 qualifications required of the employees, except that the
11 reassigned employees shall be subject to supervision by the
12 Department during the temporary reassignment period.
13 (g) Until January 11, 1999, while the office of
14 Lieutenant Governor is vacant, the Department of Central
15 Management Services shall temporarily assume and exercise the
16 powers and duties of the Office of the Lieutenant Governor
17 under contracts to which the Office of the Lieutenant
18 Governor is a party. The assumption of rights and duties
19 under this subsection shall not be deemed to change the terms
20 or conditions of the contract.
21 The Department of Central Management Services may amend,
22 extend, or terminate any such contract in accordance with its
23 terms; may agree to terminate a contract at the request of
24 the other party; and may, with the approval of the Governor,
25 enter into new contracts on behalf of the Office of the
26 Lieutenant Governor.
27 (h) The Governor may designate a State employee or
28 director other than the Director of Central Management
29 Services or a State agency other than the Department of
30 Central Management Services to assume and exercise any
31 particular power or duty that would otherwise be assumed and
32 exercised by the Director of Central Management Services or
33 the Department of Central Management Services under
34 subsection (b), (c), or (d) of this Section.
35 Except as provided below, if the Governor designates a
-6- LRB9203431JMpcccr
1 State employee or director other than the Director of Central
2 Management Services or a State agency other than the
3 Department of Central Management Services, that person or
4 agency shall be responsible for those duties set forth in
5 subsections (e), (f), and (g) that directly relate to the
6 designation of duties under subsections (b), (c), and (d).
7 If the Governor's designation relates to duties of the
8 Commission on Community Service or the Distance Learning
9 Foundation, the Director of Central Management Services and
10 the Department of Central Management Services may, if so
11 directed by the Governor, continue to be responsible for
12 those duties set forth in subsections (e), (f), and (g)
13 relating to that designation.
14 (i) Business transacted under the authority of this
15 Section by entities other than the Office of the Lieutenant
16 Governor shall be transacted on behalf of and in the name of
17 the Office of the Lieutenant Governor. Property of the
18 Office of the Lieutenant Governor shall remain the property
19 of that Office and may continue to be used by persons
20 performing the functions of that Office during the vacancy
21 period, except as otherwise directed by the Governor.
22 (Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00.)
23 Section 30. The Illinois State Auditing Act is amended
24 by changing Section 3-1 as follows:
25 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
26 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
27 General has jurisdiction over all State agencies to make post
28 audits and investigations authorized by or under this Act or
29 the Constitution.
30 The Auditor General has jurisdiction over local
31 government agencies and private agencies only:
32 (a) to make such post audits authorized by or under
33 this Act as are necessary and incidental to a post audit
-7- LRB9203431JMpcccr
1 of a State agency or of a program administered by a State
2 agency involving public funds of the State, but this
3 jurisdiction does not include any authority to review
4 local governmental agencies in the obligation, receipt,
5 expenditure or use of public funds of the State that are
6 granted without limitation or condition imposed by law,
7 other than the general limitation that such funds be used
8 for public purposes;
9 (b) to make investigations authorized by or under
10 this Act or the Constitution; and
11 (c) to make audits of the records of local
12 government agencies to verify actual costs of
13 state-mandated programs when directed to do so by the
14 Legislative Audit Commission at the request of the State
15 Board of Appeals under the State Mandates Act.
16 In addition to the foregoing, the Auditor General may
17 conduct an audit of the Metropolitan Pier and Exposition
18 Authority, the Regional Transportation Authority, the
19 Suburban Bus Division, the Commuter Rail Division and the
20 Chicago Transit Authority and any other subsidized carrier
21 when authorized by the Legislative Audit Commission. Such
22 audit may be a financial, management or program audit, or any
23 combination thereof.
24 The audit shall determine whether they are operating in
25 accordance with all applicable laws and regulations. Subject
26 to the limitations of this Act, the Legislative Audit
27 Commission may by resolution specify additional
28 determinations to be included in the scope of the audit.
29 In addition to the foregoing, the Auditor General must
30 also conduct a financial audit of the Illinois Sports
31 Facilities Authority's expenditures of public funds in
32 connection with the reconstruction, renovation, remodeling,
33 extension, or improvement of all or substantially all of any
34 existing "facility", as that term is defined in the Illinois
35 Sports Facilities Authority Act.
-8- LRB9203431JMpcccr
1 The Auditor General may also conduct an audit, when
2 authorized by the Legislative Audit Commission, of any
3 hospital which receives 10% or more of its gross revenues
4 from payments from the State of Illinois, Department of
5 Public Aid, Medical Assistance Program.
6 The Auditor General is authorized to conduct financial
7 and compliance audits of the Illinois Distance Learning
8 Foundation and the Illinois Conservation Foundation.
9 As soon as practical after the effective date of this
10 amendatory Act of 1995, the Auditor General shall conduct a
11 compliance and management audit of the City of Chicago and
12 any other entity with regard to the operation of Chicago
13 O'Hare International Airport, Chicago Midway Airport and
14 Merrill C. Meigs Field. The audit shall include, but not be
15 limited to, an examination of revenues, expenses, and
16 transfers of funds; purchasing and contracting policies and
17 practices; staffing levels; and hiring practices and
18 procedures. When completed, the audit required by this
19 paragraph shall be distributed in accordance with Section
20 3-14.
21 The Auditor General shall conduct a financial and
22 compliance and program audit of distributions from the
23 Municipal Economic Development Fund during the immediately
24 preceding calendar year pursuant to Section 8-403.1 of the
25 Public Utilities Act at no cost to the city, village, or
26 incorporated town that received the distributions.
27 The Auditor General must conduct an audit of the Health
28 Facilities Planning Board pursuant to Section 19.5 of the
29 Illinois Health Facilities Planning Act.
30 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00;
31 91-935, eff. 6-1-01.)
32 (105 ILCS 40/Act rep.)
33 Section 35. The Illinois Distance Learning Foundation
34 Act is repealed.
-9- LRB9203431JMpcccr
1 (20 ILCS 605/605-450 rep.)
2 (20 ILCS 605/605-850 rep.)
3 Section 45. The Department of Commerce and Community
4 Affairs Law of the Civil Administrative Code of Illinois is
5 amended by repealing Sections 605-450 and 605-850.
6 Section 50. The Illinois Emergency Employment
7 Development Act is amended by changing Sections 2, 5, and 9
8 as follows:
9 (20 ILCS 630/2) (from Ch. 48, par. 2402)
10 Sec. 2. For the purposes of this Act, the following
11 words have the meanings ascribed to them in this Section.
12 (a) (Blank). "Coordinator" means the Illinois Emergency
13 Employment Development Coordinator appointed under Section 3.
14 (b) "Eligible business" means a for-profit business.
15 (c) "Eligible employer" means an eligible nonprofit
16 agency, or an eligible business.
17 (d) "Eligible job applicant" means a person who:
18 A. (1) has been a resident of this State for at least
19 one year; and (2) is unemployed; and (3) is not receiving and
20 is not qualified to receive unemployment compensation or
21 workers' compensation; and (4) is determined by the
22 employment administrator to be likely to be available for
23 employment by an eligible employer for the duration of the
24 job; or
25 B. Is otherwise eligible for services under the Job
26 Training Partnership Act (29 USCA 1501 et seq.).
27 In addition, a farmer who resides in a county qualified
28 under Federal Disaster Relief and who can demonstrate severe
29 financial need may be considered unemployed under this
30 subsection.
31 (e) "Eligible nonprofit agency" means an organization
32 exempt from taxation under the Internal Revenue Code of 1954,
33 Section 501(c)(3).
-10- LRB9203431JMpcccr
1 (f) "Employment administrator" means the Manager of the
2 Department of Commerce and Community Affairs Job Training
3 Programs Division or his designee.
4 (g) "Household" means a group of persons living at the
5 same residence consisting of, at a maximum, spouses and the
6 minor children of each.
7 (h) "Program" means the Illinois Emergency Employment
8 Development Program created by this Act consisting of
9 temporary work relief projects in nonprofit agencies and new
10 job creation in the private sector.
11 (i) "Service Delivery Area" means that unit or units of
12 local government designated by the Governor pursuant to Title
13 I, Part A, Section 102 of the Job Training Partnership Act
14 (29 USCA et seq.).
15 (j) "Excess unemployed" means the number of unemployed
16 in excess of 6.5% of the service delivery area population.
17 (k) "Private industry council" means governing body of
18 each service delivery area created pursuant to Title I,
19 Section 102 of the Job Training Partnership Act (29 USC 1501
20 et seq.).
21 (Source: P.A. 84-1399.)
22 (20 ILCS 630/5) (from Ch. 48, par. 2405)
23 Sec. 5. (a) Allocation of funds among eligible job
24 applicants within a service delivery area shall be determined
25 by the Private Industry Council for each such service
26 delivery area. The Private Industry Council shall give
27 priority to
28 (1) applicants living in households with no other income
29 source; and
30 (2) applicants who would otherwise be eligible to
31 receive general assistance.
32 (b) Allocation of funds among eligible employers within
33 each service delivery area shall be determined by the Private
34 Industry Council for each such area according to the
-11- LRB9203431JMpcccr
1 priorities which the Director of Commerce and Community
2 Affairs, upon recommendation of the coordinator, shall by
3 rule establish. The Private Industry Council shall give
4 priority to funding private sector jobs to the extent that
5 businesses apply for funds.
6 (Source: P.A. 84-1399.)
7 (20 ILCS 630/9) (from Ch. 48, par. 2409)
8 Sec. 9. (a) Eligible businesses. A business employer is
9 an eligible employer if it enters into a written contract,
10 signed and subscribed to under oath, with the employment
11 administrator for its service delivery area containing
12 assurances that:
13 (1) funds received by a business shall be used only as
14 permitted under the program;
15 (2) the business has submitted a plan to the employment
16 administrator (1) describing the duties and proposed
17 compensation of each employee proposed to be hired under the
18 program; and (2) demonstrating that with the funds provided
19 under the program the business is likely to succeed and
20 continue to employ persons hired under the program;
21 (3) the business will use funds exclusively for
22 compensation and fringe benefits of eligible job applicants
23 and will provide employees hired with these funds with fringe
24 benefits and other terms and conditions of employment
25 comparable to those provided to other employees of the
26 business who do comparable work;
27 (4) the funds are necessary to allow the business to
28 begin, or to employ additional people, but not to fill
29 positions which would be filled even in the absence of funds
30 from this program;
31 (5) (blank); the business will cooperate with the
32 coordinator in collecting data to assess the result of the
33 program; and
34 (6) the business is in compliance with all applicable
-12- LRB9203431JMpcccr
1 affirmative action, fair labor, health, safety, and
2 environmental standards.
3 (b) In allocating funds among eligible businesses, the
4 employment administrator shall give priority to businesses
5 which best satisfy the following criteria:
6 (1) have a high potential for growth and long-term job
7 creation;
8 (2) are labor intensive;
9 (3) make high use of local and State resources;
10 (4) are under ownership of women and minorities;
11 (5) have their primary places of business in the State;
12 and
13 (6) intend to continue the employment of the eligible
14 applicant for at least 6 months of unsubsidized employment.
15 (c) If the eligible employee remains employed for 6
16 months of unsubsidized employment, his employer may apply for
17 a bonus equal to 1/6 of the subsidy provided to the employer
18 for that employee under this Act.
19 (Source: P.A. 84-1399.)
20 (20 ILCS 630/3 rep.)
21 Section 55. The Illinois Emergency Employment
22 Development Act is amended by repealing Section 3.
23 (20 ILCS 670/Act rep.)
24 Section 85. The Military Base Reuse Advisory Board Act
25 is repealed.
26 (20 ILCS 3990/Act rep.)
27 Section 110. The Illinois Manufacturing Technology
28 Alliance Act is repealed.
29 Section 113. The State Officers and Employees Money
30 Disposition Act is amended by changing Section 1 as follows:
-13- LRB9203431JMpcccr
1 (30 ILCS 230/1) (from Ch. 127, par. 170)
2 Sec. 1. Application of Act; exemptions. The officers of
3 the Executive Department of the State Government, the Clerk
4 of the Supreme Court, the Clerks of the Appellate Courts, the
5 Departments of the State government created by the Civil
6 Administrative Code of Illinois, and all other officers,
7 boards, commissions, commissioners, departments,
8 institutions, arms or agencies, or agents of the Executive
9 Department of the State government except the University of
10 Illinois, Southern Illinois University, Chicago State
11 University, Eastern Illinois University, Governors State
12 University, Illinois State University, Northeastern Illinois
13 University, Northern Illinois University, Western Illinois
14 University, the Cooperative Computer Center, and the Board of
15 Trustees of the Illinois Bank Examiners' Education Foundation
16 for moneys collected pursuant to subsection (11) of Section
17 48 of the Illinois Banking Act for purposes of the Illinois
18 Bank Examiners' Education Program are subject to this Act.
19 This Act shall not apply, however, to any of the following:
20 (i) the receipt by any such officer of federal funds made
21 available under such conditions as precluded the payment
22 thereof into the State Treasury, (ii) (blank) income derived
23 from the operation of State parks which is required to be
24 deposited in the State Parks Revenue Bond Fund pursuant to
25 the State Parks Revenue Bond Act, (iii) the Director of
26 Insurance in his capacity as rehabilitator or liquidator
27 under Article XIII of the Illinois Insurance Code, (iv) funds
28 received by the Illinois State Scholarship Commission from
29 private firms employed by the State to collect delinquent
30 amounts due and owing from a borrower on any loans guaranteed
31 by such Commission under the Higher Education Student
32 Assistance Law or on any "eligible loans" as that term is
33 defined under the Education Loan Purchase Program Law, or (v)
34 moneys collected on behalf of lessees of facilities of the
35 Department of Agriculture located on the Illinois State
-14- LRB9203431JMpcccr
1 Fairgrounds at Springfield and DuQuoin. This Section 1 shall
2 not apply to the receipt of funds required to be deposited in
3 the Industrial Project Fund pursuant to Section 12 of the
4 Disabled Persons Rehabilitation Act.
5 (Source: P.A. 88-571, eff. 8-11-94; 89-4, eff. 1-1-96.)
6 (20 ILCS 805/805-310 rep.)
7 Section 114. The Department of Natural Resources
8 (Conservation) Law of the Civil Administrative Code of
9 Illinois is amended by repealing Section 805-310.
10 (30 ILCS 380/Act rep.)
11 Section 115. The State Parks Revenue Bond Act is
12 repealed.
13 (30 ILCS 150/8 rep.)
14 Section 116. The Natural Heritage Fund Act is amended by
15 repealing Section 8.
16 (35 ILCS 505/19 rep.)
17 Section 120. The Motor Fuel Tax Law is amended by
18 repealing Section 19.
19 (70 ILCS 200/Art. 135 rep.)
20 Section 130. The Civic Center Code is amended by
21 repealing Article 135.
22 (70 ILCS 2605/4b rep.)
23 Section 140. The Metropolitan Water Reclamation District
24 Act is amended by repealing Section 4b.
25 (205 ILCS 616/70 rep.)
26 (205 ILCS 616/75 rep.)
27 Section 175. The Electronic Fund Transfer Act is amended
28 by repealing Sections 70 and 75.
-15- LRB9203431JMpcccr
1 (205 ILCS 620/1-5.04 rep.)
2 (205 ILCS 620/9-1 rep.)
3 (205 ILCS 620/9-2 rep.)
4 (205 ILCS 620/9-3 rep.)
5 (205 ILCS 620/9-4 rep.)
6 Section 180. The Corporate Fiduciary Act is amended by
7 repealing Sections 1-5.04, 9-1, 9-2, 9-3, and 9-4.
8 (310 ILCS 45/Act rep.)
9 Section 200. The Illinois Mortgage Insurance Fund Act is
10 repealed.
11 (430 ILCS 115/15 rep.)
12 Section 240. The Illinois Manufactured Housing and
13 Mobile Home Safety Act is amended by repealing Section 15.
14 Section 245. The Illinois Corn Marketing Act is amended
15 by changing Sections 6 and 7 as follows:
16 (505 ILCS 40/6) (from Ch. 5, par. 706)
17 Sec. 6. Upon enactment of this legislation and if there
18 are sponsors willing and able to meet the requirements of
19 Section 8, the Director shall appoint a temporary corn
20 marketing program committee consisting of 7 members who are
21 corn producers to develop a corn marketing program proposal.
22 Such proposal shall be considered at a public hearing. After
23 the close of the public hearing the Director and temporary
24 corn marketing program committee shall send copies of their
25 findings to all parties of record appearing at the hearing.
26 If such proposal is approved by the temporary corn marketing
27 program committee, a referendum shall be held thereon in
28 accordance with Section 7 of this Act.
29 The Director, upon recommendation of the temporary corn
30 marketing program committee, shall establish procedures for
31 the qualifications of producers for corn marketing programs
-16- LRB9203431JMpcccr
1 for the participation of producers in hearings and referenda
2 and other procedures necessary in the development and
3 adoption of a corn marketing program. Such procedures shall
4 not be subject to the provisions of The Illinois
5 Administrative Procedure Act; however, the Director shall
6 take any necessary steps to inform affected persons of the
7 procedures, including publication of the procedures in the
8 Illinois Register.
9 (Source: P.A. 82-941.)
10 (505 ILCS 40/7) (from Ch. 5, par. 707)
11 Sec. 7. Within 90 days after final approval by the
12 temporary corn marketing program committee of any proposed
13 corn marketing program, The Director shall determine by
14 referendum whether the affected producers assent to a such
15 proposed corn marketing program. The proposed corn marketing
16 program is approved when a majority of those voting in the
17 referendum vote in favor of such proposed corn marketing
18 program. Following such approval the Department shall file
19 the program with the Secretary of State as provided in
20 Section 5-65 of the Illinois Administrative Procedure Act.
21 If any proposed corn marketing program is not approved by
22 such referendum, no additional referendum on such corn
23 marketing program may be held for 2 years from the date of
24 the close of such referendum period. A succeeding referendum
25 shall be called by the Director upon request by petition of
26 2,500 producers of corn with at least 10 signers of such
27 petition from each of 50 counties. Prior to holding a
28 succeeding referendum, the Director shall appoint a temporary
29 corn marketing program committee who are corn producers and
30 shall follow the procedures as set forth in Section 6.
31 (Source: P.A. 88-45.)
32 Section 250. The Illinois Sheep and Wool Production
33 Development and Marketing Act is amended by changing Sections
-17- LRB9203431JMpcccr
1 6 and 7 as follows:
2 (505 ILCS 115/6) (from Ch. 5, par. 1056)
3 Sec. 6. After the effective date of this Act, if there
4 are sponsors willing and able to meet the requirements of
5 Section 8, the Director shall appoint a temporary sheep and
6 wool production development and marketing program committee
7 consisting of 7 members who are sheep or wool producers to
8 develop a sheep and wool production development and marketing
9 program proposal. Such program shall be considered at a
10 public hearing. After the close of the public hearing the
11 Director and temporary sheep and wool production development
12 and marketing program committee shall send copies of their
13 findings to all parties of record appearing at the hearing.
14 If such proposed program is approved by the temporary sheep
15 and wool production development and marketing program
16 committee, a referendum shall be held thereon in accordance
17 with Section 7 of this Act.
18 The Director, upon recommendation of the temporary sheep
19 and wool production development and marketing program
20 committee, shall establish procedures for the qualifications
21 of producers for sheep and wool production development and
22 marketing programs for the participation of producers in
23 hearing and referenda and other procedures necessary in the
24 development and adoption of a sheep and wool production
25 development and marketing program.
26 (Source: P.A. 82-100.)
27 (505 ILCS 115/7) (from Ch. 5, par. 1057)
28 Sec. 7. Within 120 days after final approval by the
29 temporary sheep and wool production development and marketing
30 program committee of any proposed sheep and wool production
31 development or marketing program, The Director shall
32 determine by referendum whether the affected producers assent
33 to a such proposed sheep and wool production development or
-18- LRB9203431JMpcccr
1 marketing program. The proposed sheep and wool production
2 development and marketing program is approved when a majority
3 of those voting in the referendum vote in favor of such
4 proposed sheep and wool production development and marketing
5 program.
6 If any proposed sheep and wool production development and
7 marketing program is not approved by such referendum, no
8 additional referendum on such sheep and wool production
9 development and marketing program may be held for 2 years
10 from the date of the close of such referendum period. A
11 succeeding referendum shall be called by the Director upon
12 request by written petition of 400 producers of sheep and/or
13 wool with at least 5 signers of such petition from each of 25
14 counties. Prior to holding a succeeding referendum, the
15 Director shall appoint a temporary sheep and wool production
16 development and marketing program committee who are sheep
17 and/or wool producers and shall follow the procedures as set
18 forth in Section 6.
19 (Source: P.A. 82-100.)
20 Section 255. The Soybean Marketing Act is amended by
21 changing Sections 7 and 8 as follows:
22 (505 ILCS 130/7) (from Ch. 5, par. 557)
23 Sec. 7. If any marketing program or amendment to an
24 existing marketing program is proposed under Section 6 of
25 this Act, the Director shall appoint a temporary operating
26 committee consisting of 7 members who are soybean producers
27 to develop such proposed marketing program. Such proposal
28 shall be considered at a public hearing. After the close of
29 the public hearing the Director and temporary operating
30 committee shall send copies of their findings to all parties
31 of record appearing at the hearing. If such proposal is
32 approved by the temporary operating committee, a referendum
33 shall be held thereon in accordance with Section 8 of this
-19- LRB9203431JMpcccr
1 Act.
2 The Director, upon recommendation of the temporary
3 operating committee, shall establish procedures for the
4 qualifications of producers for marketing programs, for the
5 participation of producers in hearings and referenda and
6 other procedures necessary in the development and adoption of
7 marketing programs. Procedures relative to the adoption of
8 any marketing program or amendment to an existing marketing
9 program shall not be subject to the provisions of The
10 Illinois Administrative Procedure Act. However, the Director
11 shall take any necessary steps to inform affected persons of
12 the procedures, including publication of the procedures in
13 the Illinois Register.
14 (Source: P.A. 83-80.)
15 (505 ILCS 130/8) (from Ch. 5, par. 558)
16 Sec. 8. Within 90 days after final approval by the
17 temporary operating committee of any proposed marketing
18 program, The Director shall determine by referendum in
19 accordance with this Section and Section 11 of this Act
20 whether the affected producers assent to a such proposed
21 program. The proposed program is approved when a majority of
22 those voting in the referendum vote in favor of such proposed
23 program.
24 Within 90 days after final approval by the program
25 operating board of any proposed amendment to the marketing
26 program, The Director shall determine by referendum in
27 accordance with this Section and Section 11 of this Act
28 whether the affected producers assent to a such proposed
29 amendment. The proposed amendment to the program is approved
30 when a majority voting on the amendment vote in favor of the
31 amendment.
32 If any proposed marketing program or amendment is not
33 approved by such referendum, no additional referendum on such
34 program or amendment may be held for 2 years from the date of
-20- LRB9203431JMpcccr
1 the close of such referendum period.
2 (Source: P.A. 85-181.)
3 (605 ILCS 10/3.1 rep.)
4 Section 270. The Toll Highway Act is amended by
5 repealing Section 3.1.
6 (730 ILCS 5/3-6-3.1 rep.)
7 Section 280. The Unified Code of Corrections is amended
8 by repealing Section 3-6-3.1.
9 Section 999. Effective date. This Act takes effect
10 January 1, 2002.".
11 Submitted on May 31, 2002.
12 s/Sen. Tom Walsh s/Rep. Gary Hannig
13 Sen. Dave Sullivan Rep. Barbara Flynn Currie
14 s/Sen. Larry Bomke Rep. Howard Kenner
15 s/Sen. Terry Link s/Rep. Art Tenhouse
16 s/Sen. Ira Silverstein s/Rep. Dan Rutherford
17 Committee for the Senate Committee for the House