|
Public Act 098-0692 |
SB3443 Enrolled | LRB098 15945 HLH 55564 b |
|
|
AN ACT concerning State government.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Governmental Ethics Act is amended |
by changing Section 3A-40 as follows: |
(5 ILCS 420/3A-40) |
Sec. 3A-40. Appointees with expired terms; temporary and |
acting appointees. |
(a) A person who is nominated by the Governor on or after |
August 26, 2011 (the effective date of Public Act 97-582) for |
any affected office to which appointment requires the advice |
and consent of the Senate, who is appointed pursuant to that |
advice and consent, and whose term of office expires on or |
after August 26, 2011 shall not continue in office longer than |
60 calendar days after the expiration of that term of office. |
After that 60th day, each such office is considered vacant and |
shall be filled only pursuant to the law applicable to making |
appointments to that office, subject to the provisions of this
|
Section. |
A person who has been nominated by the Governor before |
August 26, 2011 (the effective date of Public Act 97-582) for |
any affected office to which appointment requires the advice |
and consent of the Senate, who has been appointed pursuant to |
|
that advice and consent, and whose term of office has expired |
shall not continue in office longer than 60 calendar days after |
the date upon which his or her term of office has expired. |
After that 60 days, each such office is considered vacant and |
shall be filled only pursuant to the law applicable to making |
appointments to that office, subject to the provisions of this |
Section. If the term of office of a person who is subject to |
this paragraph expires more than 60 calendar days prior to the |
effective date of this amendatory Act of the 97th General |
Assembly, then that office is considered vacant on the |
effective date of this amendatory Act of the 97th General |
Assembly, and that vacancy shall be filled only pursuant to the |
law applicable to making appointments to that office. For the |
purposes of this subsection (a), "affected office" means (i) an |
office in which one receives any form of compensation, |
including salary or per diem, but not including expense |
reimbursement, or (ii) membership on the board of trustees of a |
public university. |
(b) A person who is appointed by the Governor on or after |
August 26, 2011 (the effective date of Public Act 97-582) to |
serve as a temporary appointee during a recess of the Senate , |
pursuant to Article V, Section 9(b) of the Illinois |
Constitution or any other applicable statute, to any office to |
which appointment requires the advice and consent of the Senate |
shall not continue in office after the next meeting of the |
Senate unless the Governor has filed a message with the |
|
Secretary of the Senate nominating that person to fill that |
office on or before that meeting date. After that meeting date, |
each such office is considered vacant and shall be filled only |
pursuant to the law applicable to making appointments to that |
office, subject to the provisions of this
Section. Any
|
temporary appointment made pursuant to subsection (b) of |
Section 9 of Article V
of the Illinois Constitution or any |
applicable statute shall be
filed with the Secretary of State |
and the Secretary of the
Senate. The form of the temporary |
appointment message shall be
established by the Senate under |
its rules. |
A person who has been appointed by the Governor before |
August 26, 2011 (the effective date of Public Act 97-582) to |
serve as a temporary appointee, pursuant to Article V, Section |
9(b) of the Illinois Constitution or any other applicable |
statute, to any office to which appointment requires the advice |
and consent of the Senate shall not continue in office after |
August 26, 2011 or the next meeting of the Senate after August |
26, 2011, as applicable, unless the Governor has filed a |
message with the Secretary of the Senate nominating that person |
to fill that office on or before the next meeting of the Senate |
after that temporary appointment was made. After that effective |
date or meeting date, as applicable, each such office is |
considered vacant and shall be filled only pursuant to the law |
applicable to making appointments to that office, subject to |
the provisions of this Section. |
|
For the purposes of this subsection (b), a meeting of the |
Senate does not include a perfunctory session day as designated |
by the Senate under its rules. For the purposes of this
|
subsection (b), the Senate is in recess on a day in which it is
|
not in session and does not include a perfunctory session day
|
as designated by the Senate under its rules. |
(c) A person who is designated by the Governor on or after |
August 26, 2011 (the effective date of Public Act 97-582) to |
serve as an acting appointee to any office to which appointment |
requires the advice and consent of the Senate shall not |
continue in office more than 60 calendar days unless the |
Governor files a message with the Secretary of the Senate |
nominating that person to fill that office within that 60 days. |
After that 60 days, each such office is considered vacant and |
shall be filled only pursuant to the law applicable to making |
appointments to that office, subject to the provisions of this
|
Section. The Governor shall file with the Secretary of the |
Senate the name of any person who the Governor designates as an |
acting appointee under this Section. The form of the message |
designating an appointee as acting shall be established by the |
Senate under its rules. No person who has been designated by |
the Governor to serve as an acting appointee to any office to |
which appointment requires the advice and consent of the Senate |
shall, except at the Senate's request, be designated again as |
an acting appointee for that office at the same session of that |
Senate, subject to the provisions of this Section. |
|
A person who has been designated by the Governor before |
August 26, 2011 (the effective date of Public Act 97-582) to |
serve as an acting appointee to any office to which appointment |
requires the advice and consent of the Senate shall not |
continue in office longer than 60 calendar days after August |
26, 2011 unless the Governor has filed a message with the |
Secretary of the Senate nominating that person to fill that |
office on or before that 60 days. After that 60 days, each such |
office is considered vacant and shall be filled only pursuant |
to the law applicable to making appointments to that office, |
subject to the provisions of this Section. No person who has |
been designated by the Governor to serve as an acting appointee |
to any office to which appointment requires the advice and |
consent of the Senate shall, except at the Senate's request, be |
designated again as an acting appointee for that office at the |
same session of that Senate, subject to the provisions of this |
Section. |
During the term of a General Assembly, the Governor may not |
designate a person to serve as an acting appointee to any |
office to which appointment requires the advice and consent of |
the Senate if that person's nomination to serve as the |
appointee for the same office was rejected by the Senate of the |
same General Assembly. |
For the purposes of this subsection (c), "acting appointee" |
means a person designated by the Governor to serve as an acting |
director or acting secretary pursuant to Section 5-605 of the |
|
Civil Administrative Code of Illinois. "Acting appointee" also |
means a person designated by the Governor pursuant to any other |
statute to serve as an acting holder of any office, to execute |
the duties and functions of any office, or both. |
(d) The provisions of this Section apply notwithstanding |
any law to the contrary. However, the provisions of this |
Section do not apply to appointments made under Article 1A of |
the Election Code or to the appointment of any person to serve |
as Director of the Illinois Power Agency.
|
(Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12.) |
Section 10. The Personnel Code is amended by changing |
Section 9 as follows:
|
(20 ILCS 415/9) (from Ch. 127, par. 63b109)
|
Sec. 9. Director, powers and duties. The Director, as |
executive
head of the Department, shall direct and supervise |
all its
administrative and technical activities. In addition to |
the duties
imposed upon him elsewhere in this law, it shall be |
his duty:
|
(1) To apply and carry out this law and the rules adopted
|
thereunder.
|
(2) To attend meetings of the Commission.
|
(3) To establish and maintain a roster of all employees |
subject to
this Act, in which there shall be set forth, as to |
each employee, the
class, title, pay, status, and other |
|
pertinent data.
|
(4) To appoint, subject to the provisions of this Act, such
|
employees of the Department and such experts and special |
assistants as
may be necessary to carry out effectively this |
law.
|
(5) Subject to such exemptions or modifications as may be |
necessary
to assure the continuity of federal contributions in |
those agencies
supported in whole or in part by federal funds, |
to make appointments to
vacancies; to approve all written |
charges seeking discharge, demotion,
or other disciplinary |
measures provided in this Act and to approve
transfers of |
employees from one geographical area to another in the
State, |
in offices, positions or places of employment covered by this
|
Act, after consultation with the operating unit.
|
(6) To formulate and administer service wide policies and |
programs
for the improvement of employee effectiveness, |
including training,
safety, health, incentive recognition, |
counseling, welfare and employee
relations. The Department |
shall formulate and administer recruitment
plans and testing of |
potential employees for agencies having direct
contact with |
significant numbers of non-English speaking or otherwise
|
culturally distinct persons. The Department shall require each |
State agency
to annually assess the need for employees with |
appropriate bilingual
capabilities to serve the significant |
numbers of non-English speaking or
culturally distinct |
persons. The Department shall develop a uniform
procedure for |
|
assessing an agency's need for employees with appropriate
|
bilingual capabilities. Agencies shall establish occupational |
titles or
designate positions as "bilingual option" for persons |
having sufficient
linguistic ability or cultural knowledge to |
be able to render effective
service to such persons. The |
Department shall ensure that any such option
is exercised |
according to the agency's needs assessment and the
requirements |
of this Code. The Department shall make annual reports of the
|
needs assessment of each agency and the number of positions |
calling for
non-English linguistic ability to whom vacancy |
postings were sent, and the
number filled by each agency. Such |
policies and programs shall be subject
to approval by the |
Governor. Such policies, program reports and needs
assessment |
reports shall be filed with the General Assembly
by January 1 |
of each year and shall be available to the public.
|
The Department shall include within the report required |
above
the number of persons receiving the bilingual pay |
supplement established by
Section 8a.2 of this Code. The report |
shall provide the number of persons
receiving the bilingual pay |
supplement for languages other than English and for
signing. |
The report shall also indicate the number of persons, by the
|
categories of Hispanic and non-Hispanic, who are receiving the |
bilingual pay
supplement for language skills other than |
signing, in a language other than
English.
|
(7) To conduct negotiations affecting pay, hours of work, |
or other
working conditions of employees subject to this Act.
|
|
(8) To make continuing studies to improve the efficiency of |
State
services to the residents of Illinois, including but not |
limited to those
who are non-English speaking or culturally |
distinct, and to report his
findings and recommendations to the |
Commission and the Governor.
|
(9) To investigate from time to time the operation and |
effect of
this law and the rules made thereunder and to report |
his findings and
recommendations to the Commission and to the
|
Governor.
|
(10) To make an annual report regarding the work of the |
Department,
and such special reports as he may consider |
desirable, to the Commission
and to the Governor, or as the |
Governor or Commission may request.
|
(11) (Blank). To conduct research and planning regarding |
the total manpower
needs of all offices, including the |
Lieutenant Governor, Secretary of
State, State Treasurer, |
State Comptroller, State Superintendent of
Education, and |
Attorney General, and of all departments, agencies,
boards, and |
commissions of the executive branch, except state-supported
|
colleges and universities, and for that purpose to prescribe |
forms for
the reporting of such personnel information as the |
department may
request both for positions covered by this Act |
and for those exempt in
whole or in part.
|
(12) To prepare and publish a semi-annual statement showing |
the
number of employees exempt and non-exempt from merit |
selection in each
department. This report shall be in addition |
|
to other information on
merit selection maintained for public |
information under existing law.
|
(13) To authorize in every department or agency subject to
|
Jurisdiction C the use of flexible hours positions. A flexible |
hours
position is one that does not require an ordinary work |
schedule as
determined by the Department and includes but is |
not limited to: 1) a
part time job of 20 hours or more per week, |
2) a job which is shared by
2 employees or a compressed work |
week consisting of an ordinary number
of working hours |
performed on fewer than the number of days ordinarily
required |
to perform that job. The Department may define flexible time
to |
include other types of jobs that are defined above.
|
The Director and the director of each department or agency |
shall
together establish goals for flexible hours positions to |
be available in
every department or agency.
|
The Department shall give technical assistance to |
departments and
agencies in achieving their goals, and shall |
report to the Governor and
the General Assembly each year on |
the progress of each department and
agency.
|
When a goal of 10% of the positions in a department or |
agency being
available on a flexible hours basis has been |
reached, the Department
shall evaluate the effectiveness and |
efficiency of the program and
determine whether to expand the |
number of positions available for
flexible hours to 20%.
|
When a goal of 20% of the positions in a department or |
agency being
available on a flexible hours basis has been |
|
reached, the Department
shall evaluate the effectiveness and |
efficiency of the program and
determine whether to expand the |
number of positions available for
flexible hours.
|
Each department shall develop a plan for implementation of |
flexible
work requirements designed to reduce the need for day |
care of employees'
children outside the home. Each department |
shall submit a report of its
plan to the Department of Central |
Management Services and the General
Assembly. This report shall |
be submitted biennially by March 1, with the
first report due |
March 1, 1993.
|
(14) To perform any other lawful acts which he may consider
|
necessary or desirable to carry out the purposes and provisions |
of this
law.
|
The requirement for reporting to the General Assembly shall |
be satisfied
by filing copies of the report with the Speaker, |
the Minority Leader and
the Clerk of the House of |
Representatives and the President, the Minority
Leader and the |
Secretary of the Senate and the Legislative Research
Unit, as |
required by Section 3.1 of "An Act to revise the law in |
relation
to the General Assembly", approved February 25, 1874, |
as amended, and
filing such additional copies with the State |
Government Report Distribution
Center for the General Assembly |
as is required under paragraph (t) of
Section 7 of the State |
Library Act.
|
(Source: P.A. 86-1004; 87-552; 87-1050.)
|
|
(20 ILCS 605/605-345 rep.)
|
Section 15. The Department of Commerce and Economic |
Opportunity Law of the
Civil Administrative Code of Illinois is |
amended by repealing Section 605-345. |
Section 20. The Illinois Commission on Volunteerism and |
Community Service Act is amended by changing Sections 1, 2, 4, |
5.1, 6.1, and 7 and by adding Sections 4.1 and 4.2 as follows:
|
(20 ILCS 710/1) (from Ch. 127, par. 3801)
|
Sec. 1. Creation. There is created in the Department of |
Public Health Human Services the
Illinois Commission on |
Volunteerism and Community
Service.
|
(Source: P.A. 91-798, eff. 7-9-00.)
|
(20 ILCS 710/2) (from Ch. 127, par. 3802)
|
Sec. 2. Purpose. The purpose of the Illinois Commission on
|
Volunteerism and Community Service is to promote and support |
community
service in public and
private programs to meet the |
needs of Illinois residents citizens ; to stimulate new
|
volunteerism and community service initiatives and |
partnerships; and to
serve as a resource and advocate among all |
State agencies within the Department of Human Services for
|
community service agencies, volunteers, and programs which
|
utilize federal, State , and private volunteers.
|
(Source: P.A. 91-798, eff. 7-9-00.)
|
|
(20 ILCS 710/4) (from Ch. 127, par. 3804)
|
Sec. 4. Operation. The
Governor shall appoint a Director
of |
the Commission on Volunteerism and Community
Service who shall
|
serve
at the Governor's pleasure
and who shall receive such |
compensation
as is determined by
the Governor. The Director |
shall
employ such staff as is necessary to
carry out the |
purpose of this Act. The Commission, working
in cooperation |
with State agencies, individuals, local groups, and
|
organizations
throughout the State, may undertake programs and |
activities which further the
purposes of this Act , including, |
but not limited to, the following:
|
(a) providing technical assistance to programs which |
depend upon
volunteers;
|
(b) initiating community service programs to meet
|
previously unmet needs in Illinois;
|
(c) promoting and coordinating efforts to expand and |
improve the
statewide community service network;
|
(d) recognizing outstanding community service
|
accomplishments;
|
(e) disseminating information to support community |
service programs and to
broaden community service
|
involvement throughout the State;
|
(f) implementing federally funded grant programs in |
Illinois such as the
National and Community Service Trust |
Act , as amended by the Serve America Act; .
|
|
(g) taking an active role in the State's emergency |
management plan to coordinate volunteers for disaster |
preparedness and response; |
(h) promoting intergenerational initiatives and |
efforts to promote inclusion among diverse populations; |
and |
(i) fostering an environment that promotes social |
innovation throughout the State. |
The Commission may receive and expend funds, grants and
|
services from any source for purposes reasonable and necessary |
to carry out a
coordinated plan of community service
throughout |
the State.
|
(Source: P.A. 91-798, eff. 7-9-00.)
|
(20 ILCS 710/4.1 new) |
Sec. 4.1. Illinois Service Education Award Grant. The |
Commission may, subject to appropriation, award an Illinois |
Service Education Award Grant to recipients of a national |
service educational award established under 42 U.S.C. 12602 and |
awarded by the Corporation for National Community Service. The |
grant must be awarded only as a partial matching grant.
An |
individual who successfully completes a required term of |
full-time national service in an approved national service |
position in this State may apply to receive an Illinois Service |
Education Award Grant. The Commission shall adopt rules to |
govern the process for applying for the grant and for |
|
determining the amount of the grant and any other rules |
necessary to implement and administer this Section. |
An Illinois Service Education Award Grant may be used for |
any of the following purposes: |
(1) To repay student loans associated with attending an |
Illinois institution of higher learning, as defined in the |
Higher Education Student Assistance Act. |
(2) To pay all or part of the cost of attendance at an |
Illinois institution of higher learning, as defined in the |
Higher Education Student Assistance Act. |
(3) To pay expenses incurred in participating in an |
approved Illinois school-to-work program. |
(4) Any other purpose for which the national service |
educational award may lawfully be used. |
(20 ILCS 710/4.2 new) |
Sec. 4.2. Receiving and expending funds. The Commission may |
receive and expend funds, grants, and services from any source |
for purposes reasonable and necessary to carry out a |
coordinated plan of community service throughout the State.
|
(20 ILCS 710/5.1)
|
Sec. 5.1. Commission. The Commission is established to |
encourage
community service and volunteer participation as a |
means of community and State
problem-solving; to promote and |
support voluntary resident citizen involvement in
government |
|
and private programs throughout the State; to develop a |
long-term,
comprehensive vision and plan of action for national |
volunteerism and
community service
initiatives in Illinois; |
and to serve as the State's liaison to national and
State |
organizations that support its mission.
|
The Commission shall consist of 15 to 25 bipartisan voting |
members and
up to 15
bipartisan nonvoting members. At least 25% |
of the members must be from
the City of Chicago.
|
The Governor shall appoint up to 25 voting members and up |
to 15
nonvoting members. Of
those initial 25 voting members, 10 |
shall serve for 3 years, 8 shall serve for
2 years, and 7 shall |
serve for one year. Voting members appointed by the
Governor |
shall include at least one representative of the following: an |
expert
in the education, training, and development needs of |
youth; an expert in philanthropy the chairman of the
City |
Colleges of a municipality having a population of more than 2 |
million ; a representative of
labor organizations; a |
representative of business; a representative of |
community-based the human services department of a |
municipality
with a population of more than 2 million; |
community based organizations; the
State Superintendent of |
Education; the Superintendent of Police of a
municipality |
having a population of more than 2 million; a youth between 16 |
and
25 years old who is a participant or supervisor in a |
community service program;
the President of a County Board of a |
county having a population of more than 3
million; an expert in |
|
older adult volunteerism; a representative of persons with |
disabilities the public health commissioner
of a municipality |
having a population of more than 2 million ; a representative of |
local government;
and a representative of a national service |
program. A representative of the
federal Corporation for |
National Service shall be appointed as a nonvoting
member.
|
Appointing authorities shall ensure, to the maximum extent |
practicable, that
the Commission is diverse with respect to |
race, ethnicity, age, gender,
geography, and disability. Not |
more than 50% of the Commission appointed by
the Governor may |
be from the same political party.
|
Subsequent voting members of the Commission shall serve |
3-year terms.
Commissioners must be allowed to serve until new |
commissioners are appointed
in order to maintain the federally |
required number of commissioners.
|
Each nonvoting member shall serve at the pleasure of the |
Governor.
|
Members of the Commission may not serve more than 3 |
consecutive
terms.
Vacancies shall be filled in the same manner |
as the original appointments and
any member so appointed shall |
serve during the remainder of the term for which
the vacancy |
occurred. The
members shall not receive any compensation but |
shall
be reimbursed for necessary expenses incurred in the |
performance of their
duties.
|
(Source: P.A. 91-798, eff. 7-9-00.)
|
|
(20 ILCS 710/6.1)
|
Sec. 6.1. Functions of Commission. The Commission shall |
meet at least
quarterly and shall advise and consult with the |
Department of Public Health and the Governor's Office Human
|
Services and the
Director on all matters relating to community |
service in Illinois. In
addition, the Commission shall have the |
following duties:
|
(a) prepare a 3-year State national and community
service |
plan, developed through an open,
public process and updated |
annually;
|
(b) prepare the financial assistance applications of the |
State under
the National and Community Service Trust Fund Act |
of 1993 , as amended by the Serve America Act ;
|
(c) assist in the preparation of the application by the |
State Board of
Education for assistance under that Act;
|
(d) prepare the State's application under that Act for the |
approval of
national service positions;
|
(e) assist in the provision of health care and child care |
benefits under
that Act;
|
(f) develop a State recruitment, placement, and |
information dissemination
system for participants in programs |
that receive assistance under the national
service laws;
|
(g) administer the State's grant program including |
selection, oversight, and
evaluation of grant recipients;
|
(h) make technical assistance available to enable |
applicants to plan and
implement service programs and to apply |
|
for assistance under the national
service laws;
|
(i) develop projects, training methods, curriculum |
materials, and other
activities related to service;
|
(j) coordinate its functions with any division of the |
federal
Corporation for National and Community Service |
outlined in the
National and Community Service Trust Fund Act |
of 1993 , as amended by the Serve America Act .
|
(k) publicize Commission services and promote community
|
involvement in the
activities of the Commission;
|
(l) promote increased visibility and support for |
volunteers of all ages,
especially youth and senior citizens,
|
and community
service in meeting the needs of Illinois |
residents citizens ; and
|
(m) represent the Department of Public Health and the |
Governor's Office Human Services on such occasions and in such |
manner as
the Department may provide.
|
(Source: P.A. 91-798, eff. 7-9-00.)
|
(20 ILCS 710/7)
|
Sec. 7. Program transfer. On the effective date of this |
amendatory Act of the 98th General Assembly this amendatory Act |
of the 91st General
Assembly , the
authority, powers, and duties |
in this Act of the Department of Human Services Commerce and
|
Community Affairs (now Department of Commerce and Economic |
Opportunity) are
transferred to the Department of Public Health |
Human Services .
|
|
(Source: P.A. 94-793, eff. 5-19-06.)
|
Section 25. The Energy Conservation and Coal Development |
Act is amended by changing Section 3 as follows:
|
(20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
|
Sec. 3. Powers and Duties.
|
(a) In addition to its other powers, the Department has the |
following
powers:
|
(1) To administer for the State any energy programs and |
activities
under federal law, regulations or guidelines, |
and to coordinate such
programs and activities with other |
State agencies, units of local
government, and educational |
institutions.
|
(2) To represent the State in energy matters involving |
the federal
government, other states, units of local |
government, and regional
agencies.
|
(3) To prepare energy contingency plans for |
consideration by the
Governor and the General Assembly. |
Such plans shall include procedures
for determining when a |
foreseeable danger exists of energy shortages,
including |
shortages of petroleum, coal, nuclear power, natural gas, |
and
other forms of energy, and shall specify the actions to |
be taken to
minimize hardship and maintain the general |
welfare during such energy
shortages.
|
(4) To cooperate with State colleges and universities |
|
and their
governing boards in energy programs and |
activities.
|
(5) (Blank).
|
(6) To accept, receive, expend, and administer, |
including by
contracts and grants to other State agencies, |
any energy-related gifts,
grants, cooperative agreement |
funds, and other funds made available to
the Department by |
the federal government and other public and private
|
sources.
|
(7) To investigate practical problems, seek and |
utilize financial
assistance, implement studies and |
conduct research relating to the
production, distribution |
and use of alcohol fuels.
|
(8) To serve as a clearinghouse for information on |
alcohol production
technology; provide assistance, |
information and data relating to the production
and use of |
alcohol; develop informational packets and brochures, and |
hold
public seminars to encourage the development and |
utilization of the best
available technology.
|
(9) To coordinate with other State agencies in order to |
promote the
maximum flow of information and to avoid |
unnecessary overlapping of alcohol
fuel programs. In order |
to effectuate this goal, the Director of the
Department or |
his representative shall consult with the Directors, or |
their
representatives, of the Departments of Agriculture, |
Central Management
Services, Transportation, and Revenue, |
|
the
Office of the State Fire Marshal, and the Environmental |
Protection Agency.
|
(10) To operate, within the Department, an Office of |
Coal Development
and Marketing for the promotion and |
marketing of Illinois coal both
domestically and |
internationally. The Department may use monies |
appropriated
for this purpose for necessary administrative |
expenses.
|
The
Office of Coal Development and Marketing shall |
develop and implement an
initiative to assist the coal |
industry in Illinois to increase its share of the
|
international coal market.
|
(11) To assist the Department of Central Management |
Services in
establishing and maintaining a system to |
analyze and report energy
consumption of facilities leased |
by the Department of Central Management
Services.
|
(12) To consult with the Departments of Natural |
Resources and
Transportation and the Illinois |
Environmental
Protection Agency for the purpose of |
developing methods and standards that
encourage the |
utilization of coal combustion by-products as value added
|
products in productive and benign applications.
|
(13) To provide technical assistance and information |
to
sellers and distributors of storage hot water heaters |
doing business in
Illinois, pursuant to Section 1 of the |
Hot Water Heater Efficiency Act.
|
|
(b) (Blank).
|
(c) (Blank).
|
(d) The Department shall develop a package of educational |
materials
containing information regarding the necessity of |
waste reduction and recycling to reduce
dependence on landfills |
and to maintain environmental quality. The
Department shall |
make this information available to the public on its website |
and for schools to access for their development of materials . |
Those materials developed shall be suitable for instructional |
use in grades 3, 4
and 5. The Department shall distribute such |
instructional material to all
public elementary and unit school |
districts no later than November 1, of
each year.
|
(e) (Blank).
|
(f) (Blank).
|
(g) (Blank).
|
(h) (Blank).
|
(i) (Blank).
|
(Source: P.A. 98-44, eff. 6-28-13.)
|
(20 ILCS 2310/2310-373 rep.)
|
(20 ILCS 2310/2310-396 rep.)
|
Section 30. The Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by repealing Sections 2310-373 and 2310-396. |
Section 35. The Governor's Office of Management and Budget |
|
Act is amended by changing Section 7.3 as follows: |
(20 ILCS 3005/7.3) |
Sec. 7.3. Annual economic and fiscal policy report. No |
later than the 3rd business day in By January 1 of each year, |
the Governor's Office of Management and Budget shall submit an |
economic and fiscal policy report to the General Assembly. The |
report must outline the long-term economic and fiscal policy |
objectives of the State, the economic and fiscal policy |
intentions for the upcoming fiscal year, and the economic and |
fiscal policy intentions for the following 2 fiscal years. The |
report must highlight the total level of revenue, expenditure, |
deficit or surplus, and debt with respect to each of the |
reporting categories. The report must be posted on the Office's |
Internet website and allow members of the public to post |
comments concerning the report.
|
(Source: P.A. 96-1354, eff. 7-28-10.) |
Section 40. The Capital Spending Accountability Law is |
amended by changing Section 805 as follows: |
(20 ILCS 3020/805)
|
Sec. 805. Reports on capital spending. On the first day of |
each quarterly period in each fiscal year, the Governor's |
Office of Management and Budget shall provide to the |
Comptroller, the Treasurer, the President and the Minority |
|
Leader of the Senate, and the Speaker and the Minority Leader |
of the House of Representatives a report on the status of all |
capital projects in the State. The report may must be provided |
in both written and electronic format. The report must include |
all of the following: |
(1) A brief description or stated purpose of each |
capital project where applicable (as referred to in this |
Section, "project"). |
(2) The amount and source of funds (whether from bond |
funds or other revenues) appropriated for each project, |
organized into categories including roads, mass transit, |
schools, environment, civic centers and other categories |
as applicable (as referred to in this Section, "category or |
categories"), with subtotals for each category. |
(3) The date the appropriation bill relating to each |
project was signed by the Governor, organized into |
categories. |
(4) The date the written release of the Governor for |
each project was submitted to the Comptroller or is |
projected to be submitted and, if a release for any project |
has not been submitted within 6 months after its |
appropriation became law, an explanation why the project |
has not yet been released, all organized into categories. |
(5) The amount of expenditures to date by the State |
relating to each project and estimated amount of total |
State expenditures and proposed schedule of future State |
|
expenditures relating to each project, all organized into |
categories. |
(6) A timeline for completion of each project, |
including the dates, if applicable, of execution by the |
State of any grant agreement, any required engineering or |
design work or environmental approvals, and the estimated |
or actual dates of the start and completion of |
construction, all organized into categories. Any |
substantial variances on any project from this reported |
timeline must be explained in the next quarterly report. |
(7) A summary report of the status of all projects, |
including the amount of undisbursed funds intended to be |
held or used in the next quarter.
|
(Source: P.A. 96-34, eff. 7-13-09.) |
Section 45. The General Assembly Operations Act is amended |
by changing Section 2 as follows:
|
(25 ILCS 10/2) (from Ch. 63, par. 23.2)
|
Sec. 2.
The Speaker of the House and the President of the |
Senate, and the
Chairman and members of the Senate Committee on |
Committees shall be
considered as holding continuing offices |
until their respective successors
are elected and qualified.
|
In the event of death or resignation of the Speaker of the |
House or of
the President of the Senate after the sine die |
adjournment of the session
of the General Assembly at which he |
|
was elected, the powers held by him
shall pass respectively to |
the Majority Leader of the House of
Representatives or to the |
Assistant Majority Leader of the Senate who, for
the purposes |
of such powers shall be considered as holding continuing
|
offices until his respective successors are elected and |
qualified.
|
(Source: P.A. 78-10.)
|
Section 50. The General Assembly Compensation Act is |
amended by changing Section 4.1 as follows:
|
(25 ILCS 115/4.1) (from Ch. 63, par. 15.2)
|
Sec. 4.1.
Payment techniques and procedures shall be |
according
to rules made by the Senate Committee on Assignment |
of Bills Operations Commission or the Rules Committee of the |
House,
as the case may be.
|
(Source: P.A. 79-806; 79-1023; 79-1454.)
|
Section 55. The Legislative Commission Reorganization Act |
of 1984 is amended by changing Sections 1-5 and 8A-15 as |
follows: |
(25 ILCS 130/1-5) (from Ch. 63, par. 1001-5) |
Sec. 1-5. Composition of agencies; directors.
|
(a) (1) Each legislative support services agency listed
in |
Section 1-3 is hereafter in this Section referred to as the |
|
Agency.
|
(2) (Blank).
|
(2.1) (Blank). |
(2.5) The Board of the Office of the Architect of the |
Capitol shall
consist of
the
Secretary and Assistant Secretary |
of the Senate and the Clerk and Assistant
Clerk of the House of |
Representatives.
When the Board has cast a tied vote concerning |
the design, implementation, or construction of a project within |
the legislative complex, as defined in Section 8A-15, the |
Architect of the Capitol may cast the tie-breaking vote. |
The Boards of the Joint Committee on Administrative Rules, |
the Commission on Government Forecasting and Accountability, |
the Legislative Audit Committee, and the Legislative Research |
Unit (3) The other legislative support services agencies shall |
each
consist of 12 members of the General Assembly, of whom 3 |
shall be appointed by
the President of the Senate, 3 shall be |
appointed by the Minority Leader of the
Senate, 3 shall be |
appointed by the Speaker of the House of Representatives,
and 3 |
shall be appointed by the Minority Leader of the House of
|
Representatives. All appointments shall be in writing and filed |
with the
Secretary of State as a public record.
|
Members shall serve a 2-year term, and must be appointed by
|
the Joint
Committee during the month of January in each |
odd-numbered year for terms
beginning February 1. Any vacancy |
in an Agency shall be filled by appointment
for the balance of |
the term in the same manner as the original appointment. A
|
|
vacancy shall exist when a member no longer holds the elected |
legislative
office held at the time of the appointment or at |
the termination of the
member's legislative service.
|
During the month of February of each odd-numbered year, the |
Joint Committee on Legislative Support Services shall select |
from the members of the Board of each Agency 2 co-chairpersons |
and such other officers as the Joint Committee deems necessary. |
The co-chairpersons of each Board shall serve for a 2-year |
term, beginning February 1 of the odd-numbered year, and the 2 |
co-chairpersons shall not be members of or identified with the |
same house or the same political party. |
Each Board shall meet twice annually or more often upon the |
call of the chair or any 9 members. A quorum of the Board shall |
consist of a majority of the appointed members. |
(b) The Board of each of the following legislative support |
agencies shall consist of the Secretary and Assistant Secretary |
of the Senate and the Clerk and Assistant Clerk of the House of |
Representatives: the Legislative Information System, the |
Legislative Printing Unit, the Legislative Reference Bureau, |
and the Office of the Architect of the Capitol. The |
co-chairpersons of the Board of the Office of the Architect of |
the Capitol shall be the Secretary of the Senate and the Clerk |
of the House of Representatives, each ex officio (Blank) .
|
The Chairperson of each of the other Boards shall be the |
member who is affiliated with the same caucus as the then |
serving Chairperson of the Joint Committee on Legislative |
|
Support Services. Each Board shall meet twice annually or more |
often upon the call of the chair or any 3 members. A quorum of |
the Board shall consist of a majority of the appointed members. |
When the Board of the Office of the Architect of the |
Capitol has cast a tied vote concerning the design, |
implementation, or construction of a project within the |
legislative complex, as defined in Section 8A-15, the Architect |
of the Capitol may cast the tie-breaking vote. |
(c) (Blank). During the month
of February of each |
odd-numbered year, the Joint Committee on
Legislative
Support |
Services shall select from the members of each agency, other |
than the
Office of the Architect of the Capitol, 2 co-chairmen |
and such
other officers as the Joint Committee deems necessary.
|
The
co-chairmen of each Agency shall serve for a 2-year term,
|
beginning February
1 of the odd-numbered year, and the 2 |
co-chairmen shall not be members of or
identified with the same |
house or the same political party. The co-chairmen
of the Board |
of the Office of the Architect of the Capitol shall be the
|
Secretary of the Senate and the Clerk of the House of |
Representatives, each ex
officio.
|
Each Agency shall meet twice annually or more often upon |
the call of the
chair or any 9 members (or any 3 members in the |
case of the Office of the
Architect of the Capitol). A quorum |
of the Agency shall consist of a
majority of
the appointed |
members.
|
(d) Members of each Agency shall serve without |
|
compensation, but shall be
reimbursed for expenses incurred in |
carrying out the duties of the Agency
pursuant to rules and |
regulations adopted by the Joint Committee on
Legislative |
Support Services.
|
(e) Beginning February 1, 1985, and every 2 years |
thereafter,
the Joint
Committee shall select an Executive |
Director who shall be the chief
executive officer and staff |
director of each Agency. The Executive Director
shall receive a |
salary as fixed by the Joint Committee and shall be authorized
|
to employ and fix the compensation of necessary professional, |
technical
and secretarial staff and prescribe their duties, |
sign contracts, and issue
vouchers for the payment of |
obligations pursuant to rules and regulations
adopted by the |
Joint Committee on Legislative Support Services. The
Executive |
Director and other employees of the Agency shall not be subject
|
to the Personnel Code.
|
The executive director of the Office of the Architect of |
the Capitol shall
be known as the Architect of the Capitol.
|
(Source: P.A. 96-959, eff. 7-1-10.) |
(25 ILCS 130/8A-15)
|
Sec. 8A-15. Master plan. |
(a) The term "legislative complex" means (i) the buildings |
and facilities
located in Springfield, Illinois, and occupied |
in whole or in part by the
General Assembly or any of its |
support service agencies, (ii) the grounds,
walkways, and |
|
tunnels surrounding or connected to those buildings and
|
facilities, and (iii) the off-street parking areas serving |
those buildings and
facilities.
|
(b) The Architect of the Capitol shall prepare and |
implement a long-range
master plan of development for the State |
Capitol Building , and the remaining
portions of the legislative |
complex , and the land and State buildings and facilities within |
the area bounded by Washington, Third, Cook, and Pasfield |
Streets that addresses the
improvement, construction, historic |
preservation, restoration, maintenance,
repair, and |
landscaping needs of these State buildings and facilities and |
the land the State Capitol Building and the remaining
portions |
of the
legislative complex . The Architect of the
Capitol shall |
submit the master plan to the Capitol Historic Preservation |
Board
for its review and comment. The Board must confine its |
review and comment to
those portions of the master plan that |
relate to areas of the legislative
complex other than the State |
Capitol Building. The Architect may incorporate
suggestions of |
the
Board into the master plan. The master plan must be |
submitted to and approved
by the Board of the Office of the |
Architect of the Capitol before its
implementation.
|
The Architect of the Capitol may change the master plan and |
shall submit
changes in the master plan that relate to areas of |
the legislative complex
other than the State Capitol Building |
to the Capitol Historic Preservation
Board for its
review and |
comment. All changes in the master plan must be submitted to |
|
and
approved by the Board of the Office of the Architect of the |
Capitol
before implementation.
|
(c) The Architect of the Capitol must review the master |
plan every 5 years
or at the direction of the Board of the |
Office of the Architect of the Capitol.
Changes in the master |
plan resulting from this review must be made in
accordance with |
the procedure provided in subsection (b).
|
(d) Notwithstanding any other law to the contrary, the |
Architect of the
Capitol has the sole authority to contract for |
all
materials and services necessary for the implementation of |
the master plan.
The
Architect (i) may comply with the |
procedures established by the Joint Committee
on Legislative |
Support Services under Section 1-4 or (ii) upon approval of the
|
Board of the Office of the Architect of the Capitol, may, but |
is not required
to,
comply with a portion or all of the |
Illinois Procurement Code when entering
into contracts under |
this subsection. The Architect's compliance with the
Illinois |
Procurement Code shall not be construed to subject the |
Architect or
any other entity of the legislative branch to the |
Illinois Procurement Code
with respect to any other contract.
|
The Architect may enter into agreements with other State |
agencies for the
provision of materials or performance of |
services necessary for the
implementation of the master plan.
|
State officers and agencies providing normal, day-to-day |
repair,
maintenance, or
landscaping or providing security, |
commissary, utility, parking, banking, tour
guide, event |
|
scheduling, or other operational services for buildings and
|
facilities within the legislative complex
immediately prior
to |
the effective date of this amendatory Act of the 93rd General |
Assembly shall
continue
to provide that normal, day-to-day |
repair, maintenance, or landscaping or those
services on the
|
same
basis, whether by contract or employees, that the repair, |
maintenance,
landscaping, or services were
provided |
immediately prior to the effective date of this amendatory Act |
of the
93rd
General Assembly, subject to the provisions of the |
master plan and as otherwise
directed by the Architect of the |
Capitol.
|
(e) The Architect of the Capitol shall monitor |
construction, preservation,
restoration, maintenance, repair, |
and landscaping work in the legislative
complex and |
implementation of the master plan, as well as all other |
activities that alter the historic integrity of the
legislative |
complex and the other land and State buildings and facilities |
in the master plan .
|
(Source: P.A. 93-632, eff. 2-1-04.)
|
(30 ILCS 105/5.250 rep.)
|
Section 60. The State Finance Act is amended by repealing |
Section 5.250. |
Section 65. The Adult Education Reporting Act is amended by |
changing Section 1 as follows:
|
|
(105 ILCS 410/1) (from Ch. 122, par. 1851)
|
Sec. 1. As used in this Act, "agency" means: the |
Departments of
Corrections, Public Aid, Commerce and Economic |
Opportunity, Human Services, and
Public Health; the Secretary |
of State;
the Illinois Community College Board; and the |
Administrative Office of the
Illinois Courts.
On and after July |
1, 2001, "agency" includes the State Board of
Education and |
does not include the Illinois Community College Board.
|
(Source: P.A. 94-793, eff. 5-19-06.)
|
Section 70. The Public Community College Act is amended by |
changing Section 2-10 as follows:
|
(110 ILCS 805/2-10) (from Ch. 122, par. 102-10)
|
Sec. 2-10.
The State Board shall make a thorough, |
comprehensive and continuous
study of the status of community |
college education, its problems, needs for
improvement, and |
projected developments and shall make a detailed report
thereof |
to the General Assembly not later than March 1 of each |
odd-numbered
year and shall submit recommendations for such |
legislation as it deems
necessary.
|
The requirement for reporting to the General Assembly shall |
be satisfied
by electronically filing copies of the report with |
the Speaker, the Minority Leader and
the Clerk of the House of |
Representatives and the President, the Minority
Leader and the |
|
Secretary of the Senate and the Legislative Research
Unit, as |
required
by Section 3.1 of "An Act to revise the law in |
relation to the General Assembly",
approved February 25, 1874, |
as amended, and electronically filing such additional copies
|
with the State Government Report Distribution Center for the |
General Assembly
as is required under paragraph (t) of Section |
7 of the State Library
Act. A copy of the report shall also be |
posted on the State Board's website.
|
(Source: P.A. 84-1438.)
|
(215 ILCS 5/178 rep.) |
Section 75. The Illinois Insurance Code is amended by |
repealing Section 178. |
(215 ILCS 5/Art. XVI rep.) |
(215 ILCS 5/Art. XIXB rep.) |
Section 80. The Illinois Insurance Code is amended by |
repealing Articles XVI and XIXB. |
(225 ILCS 120/24 rep.) |
Section 85. The Wholesale Drug Distribution Licensing Act |
is amended by repealing Section 24. |
Section 90. The Solid Waste Site Operator Certification Law |
is amended by changing Section 1011 as follows:
|
|
(225 ILCS 230/1011) (from Ch. 111, par. 7861)
|
Sec. 1011. Fees.
|
(a) Fees for the issuance or renewal of a Solid
Waste Site |
Operator Certificate shall be as follows:
|
(1)(A) $400 for issuance or renewal for Class A Solid |
Waste Site
Operators; (B) $200 for issuance or renewal for |
Class B Solid Waste Site
Operators; and (C) $100 for |
issuance or renewal for special waste endorsements.
|
(2) If the fee for renewal is not paid within the grace |
period the
above fees for renewal shall each be increased |
by $50.
|
(b) Before the effective date of this amendatory Act of the |
98th General Assembly, all All fees collected by the Agency |
under this Section shall be
deposited into the Hazardous Waste |
Occupational Licensing Fund. The Agency
is authorized to use |
monies in the Hazardous Waste Occupational Licensing Fund to |
perform its functions, powers,
and duties under this Section.
|
On and after the effective date of this amendatory Act of |
the 98th General Assembly, all fees collected by the Agency |
under this Section shall be deposited into the Environmental |
Protection Permit and Inspection Fund to be used in accordance |
with the provisions of Section 22.8 of the Environmental |
Protection Act. |
(Source: P.A. 86-1363.)
|
Section 95. The Illinois Athlete Agents Act is amended by |
|
changing Section 180 as follows: |
(225 ILCS 401/180)
|
Sec. 180. Civil penalties.
|
(a) In addition to any other penalty provided by law, any |
person who violates this Act shall forfeit and pay a civil |
penalty to the Department in an amount not to exceed $10,000 |
for each violation as determined by the Department. The civil |
penalty shall be assessed by the Department in accordance with |
the provisions of this Act.
|
(b) The Department has the authority and power to |
investigate any and all unlicensed activity.
|
(c) The civil penalty shall be paid within 60 days after |
the effective date of the order imposing the civil penalty. The |
order shall constitute a judgment and may be filed and |
execution had thereon in the same manner as any judgment from |
any court of record.
|
(d) All moneys collected under this Section shall be |
deposited into the General Professions Dedicated Fund.
|
(Source: P.A. 96-1030, eff. 1-1-11.) |
Section 100. The Illinois Horse Racing Act of 1975 is |
amended by changing Section 30 as follows:
|
(230 ILCS 5/30) (from Ch. 8, par. 37-30)
|
Sec. 30.
(a) The General Assembly declares that it is the |
|
policy of
this State to encourage the breeding of thoroughbred |
horses in this
State and the ownership of such horses by |
residents of this State in
order to provide for: sufficient |
numbers of high quality thoroughbred
horses to participate in |
thoroughbred racing meetings in this State,
and to establish |
and preserve the agricultural and commercial benefits
of such |
breeding and racing industries to the State of Illinois. It is
|
the intent of the General Assembly to further this policy by |
the
provisions of this Act.
|
(b) Each organization licensee conducting a thoroughbred
|
racing meeting
pursuant to this Act shall provide at least two |
races each day limited
to Illinois conceived and foaled horses |
or Illinois foaled horses or
both. A minimum of 6 races shall |
be conducted each week limited to
Illinois conceived and foaled |
or Illinois foaled horses or both. No
horses shall be permitted |
to start in such races unless duly registered
under the rules |
of the Department of Agriculture.
|
(c) Conditions of races under subsection (b) shall be
|
commensurate
with past performance, quality, and class of |
Illinois conceived and foaled
and Illinois foaled horses
|
available. If, however, sufficient competition cannot be had |
among
horses of that class on any day, the races may, with |
consent of the
Board, be eliminated for that day and substitute |
races provided.
|
(d) There is hereby created a special fund of the State |
Treasury to
be known as the Illinois Thoroughbred Breeders |
|
Fund.
|
Except as provided in subsection (g) of Section 27 of this |
Act, 8.5% of all
the monies received by the State as
privilege |
taxes on Thoroughbred racing meetings shall be paid into the |
Illinois
Thoroughbred Breeders Fund.
|
(e) The Illinois Thoroughbred Breeders Fund shall be |
administered by
the Department of Agriculture
with the advice |
and assistance of the
Advisory Board created in subsection (f) |
of this Section.
|
(f) The Illinois Thoroughbred Breeders Fund Advisory Board |
shall
consist of the Director of the Department of Agriculture, |
who shall
serve as Chairman; a member of the Illinois Racing |
Board, designated by
it; 2 representatives of the organization |
licensees
conducting thoroughbred
racing meetings, recommended |
by them; 2 representatives of the Illinois
Thoroughbred |
Breeders and Owners Foundation, recommended by it; and 2
|
representatives of the Horsemen's Benevolent Protective |
Association or any
successor organization established in |
Illinois comprised of the largest number
of owners and |
trainers,
recommended
by it, with one representative of the |
Horsemen's Benevolent and Protective
Association to come from |
its Illinois Division, and one from its Chicago
Division. |
Advisory Board members shall serve for 2 years commencing |
January 1
of
each odd numbered year. If representatives of the |
organization licensees
conducting thoroughbred racing |
meetings, the Illinois Thoroughbred Breeders and
Owners |
|
Foundation, and the Horsemen's Benevolent Protection |
Association have
not been recommended by January 1, of each odd |
numbered year, the Director of
the Department of Agriculture |
shall make an appointment for the organization
failing to so |
recommend a member of the Advisory Board. Advisory Board |
members
shall receive no compensation for their services as |
members but shall be
reimbursed for all actual and necessary |
expenses and disbursements incurred in
the execution of their |
official duties.
|
(g) No monies shall be expended from the Illinois |
Thoroughbred
Breeders Fund except as appropriated by the |
General Assembly. Monies
appropriated from the Illinois |
Thoroughbred Breeders Fund shall be
expended by the Department |
of Agriculture,
with the advice and
assistance of the Illinois |
Thoroughbred Breeders Fund Advisory Board,
for the following |
purposes only:
|
(1) To provide purse supplements to owners of horses |
participating
in races limited to Illinois conceived and |
foaled and Illinois foaled
horses. Any such purse |
supplements shall not be included in and shall
be paid in |
addition to any purses, stakes, or breeders' awards offered
|
by each organization licensee as determined by agreement |
between such
organization licensee and an organization |
representing the horsemen. No
monies from the Illinois |
Thoroughbred Breeders Fund shall be used to provide
purse |
supplements for claiming races in which the minimum |
|
claiming price is
less than $7,500.
|
(2) To provide stakes and awards to be paid to the |
owners of the
winning horses in certain races limited to |
Illinois conceived and foaled
and Illinois foaled horses |
designated as stakes races.
|
(2.5) To provide an award to the owner or owners of an |
Illinois
conceived and foaled or Illinois foaled horse that |
wins a
maiden special weight, an allowance, overnight |
handicap race, or
claiming race with claiming price of |
$10,000 or more providing the race
is not restricted
to |
Illinois conceived and foaled or Illinois foaled horses.
|
Awards shall
also be provided to the owner or owners of |
Illinois conceived and foaled and
Illinois foaled horses |
that place second or third in those races. To the
extent
|
that additional moneys are required to pay the minimum |
additional awards of 40%
of the purse the horse earns for |
placing first, second or third in those races
for Illinois |
foaled horses and of 60% of the purse the horse earns for |
placing
first, second or third in those races for Illinois
|
conceived and foaled horses, those moneys shall be provided |
from the purse
account at the track where earned.
|
(3) To provide stallion awards to the owner or owners |
of any
stallion that is duly registered with the Illinois |
Thoroughbred Breeders
Fund Program prior to the effective |
date of this amendatory Act of 1995 whose
duly registered |
Illinois conceived and foaled offspring wins a race |
|
conducted
at an Illinois
thoroughbred racing meeting other |
than a claiming race. Such
award
shall not be paid to the |
owner or owners of an Illinois stallion that served
outside |
this State at any time during the calendar year in which |
such race was
conducted.
|
(4) To provide $75,000 annually for purses to be
|
distributed to
county fairs that provide for the running of |
races during each county
fair exclusively for the |
thoroughbreds conceived and foaled in
Illinois. The |
conditions of the races shall be developed by the county
|
fair association and reviewed by the Department with the |
advice and
assistance of
the Illinois Thoroughbred |
Breeders Fund Advisory Board. There shall be no
wagering of |
any kind on the running
of
Illinois conceived and foaled |
races at county fairs.
|
(4.1) To provide purse money for an Illinois stallion |
stakes program.
|
(5) No less than 80% of all monies appropriated from |
the Illinois
Thoroughbred Breeders Fund shall be expended |
for the purposes in (1), (2),
(2.5), (3), (4), (4.1), and |
(5) as shown above.
|
(6) To provide for educational programs regarding the |
thoroughbred
breeding industry.
|
(7) To provide for research programs concerning the |
health,
development and care of the thoroughbred horse.
|
(8) To provide for a scholarship and training program |
|
for students
of equine veterinary medicine.
|
(9) To provide for dissemination of public information |
designed to
promote the breeding of thoroughbred horses in |
Illinois.
|
(10) To provide for all expenses incurred in the |
administration of
the Illinois Thoroughbred Breeders Fund.
|
(h) Whenever the Governor finds that the amount in the |
Illinois
Thoroughbred Breeders Fund is more than the total of |
the outstanding
appropriations from such fund, the Governor |
shall notify the State
Comptroller and the State Treasurer of |
such fact. The Comptroller and
the State Treasurer, upon |
receipt of such notification, shall transfer
such excess amount |
from the Illinois Thoroughbred Breeders Fund to the
General |
Revenue Fund.
|
(i) A sum equal to 12 1/2% of the first prize money of |
every purse
won by an Illinois foaled or an Illinois conceived |
and foaled horse in
races not limited to Illinois foaled horses |
or Illinois conceived and
foaled horses, or both, shall be paid |
by the organization licensee
conducting the horse race meeting. |
Such sum shall be paid from the organization
licensee's share |
of the money wagered as follows: 11 1/2% to the breeder of
the |
winning horse and 1% to the organization representing |
thoroughbred breeders
and owners whose representative serves |
on the Illinois Thoroughbred Breeders
Fund Advisory Board for |
verifying the amounts of breeders' awards earned,
assuring |
their distribution in accordance with this Act, and servicing |
|
and
promoting the Illinois thoroughbred horse racing industry. |
The
organization representing thoroughbred breeders and owners |
shall cause all
expenditures of monies received under this |
subsection (i) to be audited
at least annually by a registered |
public accountant. The organization
shall file copies of each |
annual audit with the Racing Board, the Clerk of
the House of |
Representatives and the Secretary of the Senate, and shall
make |
copies of each annual audit available to the public upon |
request
and upon payment of the reasonable cost of photocopying |
the requested
number of copies. Such payments shall not reduce |
any award to the owner of the
horse or reduce the taxes payable |
under this Act. Upon completion of its
racing meet, each |
organization licensee shall deliver to the organization
|
representing thoroughbred breeders and owners whose |
representative serves on
the Illinois Thoroughbred Breeders |
Fund Advisory Board a listing of all the
Illinois foaled and |
the Illinois conceived and foaled horses which won
breeders' |
awards and the amount of such breeders' awards under this |
subsection
to verify accuracy of payments and assure proper |
distribution of breeders'
awards in accordance with the |
provisions of this Act. Such payments shall be
delivered by the |
organization licensee within 30 days of the end of each race
|
meeting.
|
(j) A sum equal to 12 1/2% of the first prize money won in |
each race
limited to Illinois foaled horses or Illinois |
conceived and foaled
horses, or both, shall be paid in the |
|
following manner by the
organization licensee conducting the |
horse race meeting, from the
organization licensee's share of |
the money wagered: 11 1/2% to the breeders of
the horses in |
each such race which are the official first, second, third
and |
fourth finishers and 1% to the organization representing |
thoroughbred
breeders and owners whose representative serves |
on the Illinois Thoroughbred
Breeders Fund Advisory Board for |
verifying the amounts of breeders' awards
earned, assuring |
their proper distribution in accordance with this Act, and
|
servicing and promoting the Illinois thoroughbred horse racing |
industry. The
organization representing thoroughbred breeders |
and owners shall cause all
expenditures of monies received |
under this subsection (j) to be audited
at least annually by a |
registered public accountant. The organization
shall file |
copies of each annual audit with the Racing Board, the Clerk of
|
the House of Representatives and the Secretary of the Senate, |
and shall
make copies of each annual audit available to the |
public upon request
and upon payment of the reasonable cost of |
photocopying the requested
number of copies.
|
The 11 1/2% paid to the breeders in accordance with this |
subsection
shall be distributed as follows:
|
(1) 60% of such sum shall be paid to the breeder of the |
horse which
finishes in the official first position;
|
(2) 20% of such sum shall be paid to the breeder of the |
horse which
finishes in the official second position;
|
(3) 15% of such sum shall be paid to the breeder of the |
|
horse which
finishes in the official third position; and
|
(4) 5% of such sum shall be paid to the breeder of the |
horse which
finishes in the official fourth position.
|
Such payments shall not reduce any award to the owners of a |
horse or
reduce the taxes payable under this Act. Upon |
completion of its racing meet,
each organization licensee shall |
deliver to the organization representing
thoroughbred breeders |
and owners whose representative serves on the Illinois
|
Thoroughbred Breeders Fund Advisory Board a listing of all the |
Illinois foaled
and the Illinois conceived and foaled horses |
which won breeders' awards and the
amount of such breeders' |
awards in accordance with the provisions of this Act.
Such |
payments shall be delivered by the organization licensee within |
30 days of
the end of each race meeting.
|
(k) The term "breeder", as used herein, means the owner of |
the mare at
the time the foal is dropped. An "Illinois foaled |
horse" is a foal
dropped by a mare which enters this State on |
or before December 1, in the
year in which the horse is bred,
|
provided the mare remains continuously in this State until its |
foal is born. An
"Illinois
foaled
horse" also means a foal born |
of a mare in the same year
as the
mare enters this State on or |
before March 1,
and remains in this State at
least 30
days |
after foaling, is bred back during the season of the foaling to
|
an
Illinois Registered Stallion (unless a veterinarian |
certifies that the mare
should not be bred for health reasons), |
and is not bred to a stallion
standing in any other state |
|
during the season of foaling. An "Illinois
foaled horse" also |
means a foal born in Illinois of a mare purchased at public
|
auction
subsequent to the mare entering this State prior to |
February 1 of the foaling
year providing the mare is owned |
solely by one or more Illinois residents or an
Illinois
entity |
that is entirely owned by one or more Illinois residents.
|
(l) The Department of Agriculture shall, by rule, with the |
advice
and assistance of the Illinois Thoroughbred Breeders |
Fund Advisory
Board:
|
(1) Qualify stallions for Illinois breeding; such |
stallions to stand for
service within the State of Illinois |
at the time of a foal's conception. Such
stallion must not |
stand for service at any place outside the State of |
Illinois
during the calendar year in which the foal is |
conceived.
The Department of Agriculture may assess and |
collect application fees for the
registration of |
Illinois-eligible stallions. All fees collected are to be |
paid
into the Illinois Thoroughbred Breeders Fund.
|
(2) Provide for the registration of Illinois conceived |
and foaled
horses and Illinois foaled horses. No such horse |
shall compete in
the races limited to Illinois conceived |
and foaled horses or Illinois
foaled horses or both unless |
registered with the Department of
Agriculture. The |
Department of Agriculture may prescribe such forms as
are |
necessary to determine the eligibility of such horses. The |
Department of
Agriculture may assess and collect |
|
application fees for the registration of
Illinois-eligible |
foals. All fees collected are to be paid into the Illinois
|
Thoroughbred Breeders Fund. No person
shall knowingly |
prepare or cause preparation of an application for
|
registration of such foals containing false information.
|
(m) The Department of Agriculture, with the advice and |
assistance of
the Illinois Thoroughbred Breeders Fund Advisory |
Board, shall provide that certain races
limited to Illinois |
conceived and foaled and Illinois foaled horses be
stakes races |
and determine the total amount of stakes and awards to be paid
|
to the owners of the winning horses in such races.
|
In determining the stakes races and the amount of awards |
for such races,
the Department of Agriculture shall consider |
factors, including but not
limited to, the amount of money |
appropriated for the Illinois Thoroughbred
Breeders Fund |
program, organization licensees' contributions,
availability |
of stakes caliber horses as demonstrated by past performances,
|
whether the race can be coordinated into the proposed racing |
dates within
organization licensees' racing dates, opportunity |
for
colts and fillies
and various age groups to race, public |
wagering on such races, and the
previous racing schedule.
|
(n) The Board and the organizational licensee shall
notify |
the Department of the conditions and minimum purses for races
|
limited to Illinois conceived and foaled and Illinois foaled |
horses
conducted for each organizational licensee conducting a |
thoroughbred racing
meeting. The Department of Agriculture |
|
with the advice and assistance of
the Illinois Thoroughbred |
Breeders Fund Advisory Board may allocate monies
for purse |
supplements for such races. In determining whether to allocate
|
money and the amount, the Department of Agriculture shall |
consider factors,
including but not limited to, the amount of |
money appropriated for the
Illinois Thoroughbred Breeders Fund |
program, the number of races that may
occur, and the |
organizational licensee's purse structure.
|
(o) (Blank). In order to improve the breeding quality of |
thoroughbred horses in the
State, the General Assembly |
recognizes that existing provisions of this Section
to |
encourage such quality breeding need to be revised and |
strengthened. As
such, a Thoroughbred Breeder's Program Task |
Force is to be appointed by the
Governor by September 1, 1999 |
to make recommendations to the General Assembly
by
no later |
than March 1, 2000.
This task force is to be composed of 2 |
representatives from the Illinois
Thoroughbred Breeders and |
Owners Foundation, 2 from the Illinois Thoroughbred
Horsemen's |
Association, 3 from Illinois race tracks operating |
thoroughbred
race meets for an average of at least 30 days in |
the past 3 years, the Director
of Agriculture, the Executive |
Director of the Racing Board, who shall serve as
Chairman.
|
(Source: P.A. 91-40, eff. 6-25-99.)
|
Section 105. The Liquor Control Act of 1934 is amended by |
changing Section 6-15 as follows:
|
|
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
|
Sec. 6-15. No alcoholic liquors shall be sold or delivered |
in any
building belonging to or under the control of the State |
or any political
subdivision thereof except as provided in this |
Act. The corporate
authorities of any city, village, |
incorporated town, township, or county may provide by
|
ordinance, however, that alcoholic liquor may be sold or |
delivered in any
specifically designated building belonging to |
or under the control of the
municipality, township, or county, |
or in any building located on land under the
control of the |
municipality, township, or county; provided that such township |
or county complies with all
applicable local ordinances in any |
incorporated area of the township or county.
Alcoholic liquor |
may be delivered to and sold under the authority of a special |
use permit on any property owned by a conservation district |
organized under the Conservation District Act, provided that |
(i) the alcoholic liquor is sold only at an event authorized by |
the governing board of the conservation district, (ii) the |
issuance of the special use permit is authorized by the local |
liquor control commissioner of the territory in which the |
property is located, and (iii) the special use permit |
authorizes the sale of alcoholic liquor for one day or less. |
Alcoholic liquors may be delivered to and sold at any airport |
belonging to
or under the control of a municipality of more |
than 25,000 inhabitants, or
in any building or on any golf |
|
course owned by a park district organized under
the Park |
District
Code, subject to the approval of the governing board |
of the district, or
in any building or on any golf course owned |
by a forest preserve district
organized under the Downstate |
Forest Preserve District Act, subject to the
approval of the |
governing board of the district, or on the grounds
within 500 |
feet of any building owned by a forest preserve district
|
organized under the Downstate Forest Preserve District Act |
during
times when food is dispensed for consumption within
500 |
feet of the building from which the food is dispensed,
subject |
to the
approval of the
governing board of the district, or in a |
building owned by a Local Mass
Transit District organized under |
the Local Mass Transit District Act, subject
to the approval of |
the governing Board of the District, or in Bicentennial
Park, |
or
on the premises of the City of Mendota Lake Park
located |
adjacent to Route 51 in Mendota, Illinois, or on the premises |
of
Camden Park in Milan, Illinois, or in the community center |
owned by the
City of Loves Park that is located at 1000 River |
Park Drive in Loves Park,
Illinois, or, in connection with the |
operation of an established food
serving facility during times |
when food is dispensed for consumption on the
premises, and at |
the following aquarium and museums located in public
parks: Art |
Institute of Chicago, Chicago Academy of Sciences, Chicago
|
Historical Society, Field Museum of Natural History, Museum of |
Science and
Industry, DuSable Museum of African American |
History, John G. Shedd
Aquarium and Adler Planetarium, or at |
|
Lakeview Museum of Arts and Sciences
in Peoria, or in |
connection with the operation of the facilities of the
Chicago |
Zoological Society or the Chicago Horticultural Society on land
|
owned by the Forest Preserve District of Cook County,
or on any |
land used for a golf course or for recreational purposes
owned |
by the Forest Preserve District of Cook County, subject to the |
control
of the Forest Preserve District Board of Commissioners |
and applicable local
law, provided that dram shop liability |
insurance is provided at
maximum coverage limits so as to hold |
the
District harmless from all financial loss, damage, and |
harm,
or in any building
located on land owned by the Chicago |
Park District if approved by the Park
District Commissioners, |
or on any land used for a golf course or for
recreational |
purposes and owned by the Illinois International Port District |
if
approved by the District's governing board, or at any |
airport, golf course,
faculty center, or
facility in which |
conference and convention type activities take place
belonging |
to or under control of any State university or public community
|
college district, provided that with respect to a facility for |
conference
and convention type activities alcoholic liquors |
shall be limited to the
use of the convention or conference |
participants or participants
in cultural, political or |
educational activities held in such facilities,
and provided |
further that the faculty or staff of the State university or
a |
public community college district, or members of an |
organization of
students, alumni, faculty or staff of the State |
|
university or a public
community college district are active |
participants in the conference
or convention, or in Memorial |
Stadium on the campus of the University of
Illinois at |
Urbana-Champaign during games in which the
Chicago Bears |
professional football team is playing in that stadium during |
the
renovation of Soldier Field, not more than one and a half |
hours before the
start of the game and not after the end of the |
third quarter of the game,
or in the Pavilion Facility on the |
campus of the University of Illinois at Chicago during games in |
which the Chicago Storm professional soccer team is playing in |
that facility, not more than one and a half hours before the |
start of the game and not after the end of the third quarter of |
the game, or in the Pavilion Facility on the campus of the |
University of Illinois at Chicago during games in which the |
WNBA professional women's basketball team is playing in that |
facility, not more than one and a half hours before the start |
of the game and not after the 10-minute mark of the second half |
of the game, or by a catering establishment which has rented |
facilities
from a board of trustees of a public community |
college district, or in a restaurant that is operated by a |
commercial tenant in the North Campus Parking Deck building |
that (1) is located at 1201 West University Avenue, Urbana, |
Illinois and (2) is owned by the Board of Trustees of the |
University of Illinois, or, if
approved by the District board, |
on land owned by the Metropolitan Sanitary
District of Greater |
Chicago and leased to others for a term of at least
20 years. |
|
Nothing in this Section precludes the sale or delivery of
|
alcoholic liquor in the form of original packaged goods in |
premises located
at 500 S. Racine in Chicago belonging to the |
University of Illinois and
used primarily as a grocery store by |
a commercial tenant during the term of
a lease that predates |
the University's acquisition of the premises; but the
|
University shall have no power or authority to renew, transfer, |
or extend
the lease with terms allowing the sale of alcoholic |
liquor; and the sale of
alcoholic liquor shall be subject to |
all local laws and regulations.
After the acquisition by |
Winnebago County of the property located at 404
Elm Street in |
Rockford, a commercial tenant who sold alcoholic liquor at
|
retail on a portion of the property under a valid license at |
the time of
the acquisition may continue to do so for so long |
as the tenant and the
County may agree under existing or future |
leases, subject to all local laws
and regulations regarding the |
sale of alcoholic liquor. Alcoholic liquors may be delivered to |
and sold at Memorial Hall, located at 211 North Main Street, |
Rockford, under conditions approved by Winnebago County and |
subject to all local laws and regulations regarding the sale of |
alcoholic liquor. Each
facility shall provide dram shop |
liability in maximum insurance coverage
limits so as to save |
harmless the State, municipality, State university,
airport, |
golf course, faculty center, facility in which conference and
|
convention type activities take place, park district, Forest |
Preserve
District, public community college district, |
|
aquarium, museum, or sanitary
district from all financial loss, |
damage or harm. Alcoholic liquors may be
sold at retail in |
buildings of golf courses owned by municipalities or Illinois |
State University in
connection with the operation of an |
established food serving facility
during times when food is |
dispensed for consumption upon the premises.
Alcoholic liquors |
may be delivered to and sold at retail in any building
owned by |
a fire protection district organized under the Fire Protection
|
District Act, provided that such delivery and sale is approved |
by the board
of trustees of the district, and provided further |
that such delivery and
sale is limited to fundraising events |
and to a maximum of 6 events per year. However, the limitation |
to fundraising events and to a maximum of 6 events per year |
does not apply to the delivery, sale, or manufacture of |
alcoholic liquors at the building located at 59 Main Street in |
Oswego, Illinois, owned by the Oswego Fire Protection District |
if the alcoholic liquor is sold or dispensed as approved by the |
Oswego Fire Protection District and the property is no longer |
being utilized for fire protection purposes.
|
Alcoholic liquors may be served or sold in buildings under |
the control of the Board of Trustees of the University of |
Illinois for events that the Board may determine are public |
events and not related student activities. The Board of |
Trustees shall issue a written policy within 6 months of the |
effective date of this amendatory Act of the 95th General |
Assembly concerning the types of events that would be eligible |
|
for an exemption. Thereafter, the Board of Trustees may issue |
revised, updated, new, or amended policies as it deems |
necessary and appropriate. In preparing its written policy, the |
Board of Trustees shall, among other factors it considers |
relevant and important, give consideration to the following: |
(i) whether the event is a student activity or student related |
activity; (ii) whether the physical setting of the event is |
conducive to control of liquor sales and distribution; (iii) |
the ability of the event operator to ensure that the sale or |
serving of alcoholic liquors and the demeanor of the |
participants are in accordance with State law and University |
policies; (iv) regarding the anticipated attendees at the |
event, the relative proportion of individuals under the age of |
21 to individuals age 21 or older; (v) the ability of the venue |
operator to prevent the sale or distribution of alcoholic |
liquors to individuals under the age of 21; (vi) whether the |
event prohibits participants from removing alcoholic beverages |
from the venue; and (vii) whether the event prohibits |
participants from providing their own alcoholic liquors to the |
venue. In addition, any policy submitted by the Board of |
Trustees to the Illinois Liquor Control Commission must require |
that any event at which alcoholic liquors are served or sold in |
buildings under the control of the Board of Trustees shall |
require the prior written approval of the Office of the |
Chancellor for the University campus where the event is |
located. The Board of Trustees shall submit its policy, and any |
|
subsequently revised, updated, new, or amended policies, to the |
Illinois Liquor Control Commission, and any University event, |
or location for an event, exempted under such policies shall |
apply for a license under the applicable Sections of this Act. |
Alcoholic liquors may be served or sold in buildings under
|
the control of the Board of Trustees of Northern Illinois |
University
for events that the Board may determine are public
|
events and not student-related activities. The Board of
|
Trustees shall issue a written policy within 6 months after |
June 28, 2011 (the
effective date of Public Act 97-45) |
concerning the types of events that would be eligible
for an |
exemption. Thereafter, the Board of Trustees may issue
revised, |
updated, new, or amended policies as it deems
necessary and |
appropriate. In preparing its written policy, the
Board of |
Trustees shall, in addition to other factors it considers
|
relevant and important, give consideration to the following:
|
(i) whether the event is a student activity or student-related
|
activity; (ii) whether the physical setting of the event is
|
conducive to control of liquor sales and distribution; (iii)
|
the ability of the event operator to ensure that the sale or
|
serving of alcoholic liquors and the demeanor of the
|
participants are in accordance with State law and University
|
policies; (iv) the anticipated attendees at the
event and the |
relative proportion of individuals under the age of
21 to |
individuals age 21 or older; (v) the ability of the venue
|
operator to prevent the sale or distribution of alcoholic
|
|
liquors to individuals under the age of 21; (vi) whether the
|
event prohibits participants from removing alcoholic beverages
|
from the venue; and (vii) whether the event prohibits
|
participants from providing their own alcoholic liquors to the
|
venue. |
Alcoholic liquors may be served or sold in buildings under |
the control of the Board of Trustees of Chicago State |
University for events that the Board may determine are public |
events and not student-related activities. The Board of |
Trustees shall issue a written policy within 6 months after |
August 2, 2013 ( the effective date of Public Act 98-132) this |
amendatory Act of the 98th General Assembly concerning the |
types of events that would be eligible for an exemption. |
Thereafter, the Board of Trustees may issue revised, updated, |
new, or amended policies as it deems necessary and appropriate. |
In preparing its written policy, the Board of Trustees shall, |
in addition to other factors it considers relevant and |
important, give consideration to the following: (i) whether the |
event is a student activity or student-related activity; (ii) |
whether the physical setting of the event is conducive to |
control of liquor sales and distribution; (iii) the ability of |
the event operator to ensure that the sale or serving of |
alcoholic liquors and the demeanor of the participants are in |
accordance with State law and University policies; (iv) the |
anticipated attendees at the event and the relative proportion |
of individuals under the age of 21 to individuals age 21 or |
|
older; (v) the ability of the venue operator to prevent the |
sale or distribution of alcoholic liquors to individuals under |
the age of 21; (vi) whether the event prohibits participants |
from removing alcoholic beverages from the venue; and (vii) |
whether the event prohibits participants from providing their |
own alcoholic liquors to the venue. |
Alcoholic liquors may be served or sold in buildings under
|
the control of the Board of Trustees of Illinois State |
University
for events that the Board may determine are public
|
events and not student-related activities. The Board of
|
Trustees shall issue a written policy within 6 months after the |
effective date of this amendatory Act of the 97th General |
Assembly concerning the types of events that would be eligible
|
for an exemption. Thereafter, the Board of Trustees may issue
|
revised, updated, new, or amended policies as it deems
|
necessary and appropriate. In preparing its written policy, the
|
Board of Trustees shall, in addition to other factors it |
considers
relevant and important, give consideration to the |
following:
(i) whether the event is a student activity or |
student-related
activity; (ii) whether the physical setting of |
the event is
conducive to control of liquor sales and |
distribution; (iii)
the ability of the event operator to ensure |
that the sale or
serving of alcoholic liquors and the demeanor |
of the
participants are in accordance with State law and |
University
policies; (iv) the anticipated attendees at the
|
event and the relative proportion of individuals under the age |
|
of
21 to individuals age 21 or older; (v) the ability of the |
venue
operator to prevent the sale or distribution of alcoholic
|
liquors to individuals under the age of 21; (vi) whether the
|
event prohibits participants from removing alcoholic beverages
|
from the venue; and (vii) whether the event prohibits
|
participants from providing their own alcoholic liquors to the
|
venue. |
Alcoholic liquor may be delivered to and sold at retail in |
the
Dorchester Senior Business Center owned by the Village of |
Dolton if the
alcoholic liquor is sold or dispensed only in |
connection with organized
functions for which the planned |
attendance is 20 or more persons, and if
the person or facility |
selling or dispensing the alcoholic liquor has
provided dram |
shop liability insurance in maximum limits so as to hold
|
harmless the Village of Dolton and the State from all financial |
loss,
damage and harm.
|
Alcoholic liquors may be delivered to and sold at retail in |
any
building used as an Illinois State Armory provided:
|
(i) the Adjutant General's written consent to the |
issuance of a
license to sell alcoholic liquor in such |
building is filed with the
Commission;
|
(ii) the alcoholic liquor is sold or dispensed only in |
connection
with organized functions held on special |
occasions;
|
(iii) the organized function is one for which the |
planned attendance
is 25 or more persons; and
|
|
(iv) the facility selling or dispensing the alcoholic |
liquors has
provided dram shop liability insurance in |
maximum limits so as to save
harmless the facility and the |
State from all financial loss, damage or harm.
|
Alcoholic liquors may be delivered to and sold at retail in |
the Chicago
Civic Center, provided that:
|
(i) the written consent of the Public Building |
Commission which
administers the Chicago Civic Center is |
filed with the Commission;
|
(ii) the alcoholic liquor is sold or dispensed only in |
connection with
organized functions held on special |
occasions;
|
(iii) the organized function is one for which the |
planned attendance is
25 or more persons;
|
(iv) the facility selling or dispensing the alcoholic |
liquors has
provided dram shop liability insurance in |
maximum limits so as to hold
harmless the Civic Center, the |
City of Chicago and the State from all
financial loss, |
damage or harm; and
|
(v) all applicable local ordinances are complied with.
|
Alcoholic liquors may be delivered or sold in any building |
belonging to
or under the control of any city, village or |
incorporated town where more
than 75% of the physical |
properties of the building is used for commercial
or |
recreational purposes, and the building is located upon a pier |
extending
into or over the waters of a navigable lake or stream |
|
or on the shore of a
navigable lake or stream.
In accordance |
with a license issued under this Act, alcoholic liquor may be |
sold, served, or delivered in buildings and facilities under
|
the control
of the Department of Natural Resources during |
events or activities lasting no more than 7 continuous days |
upon the written approval of the
Director of
Natural Resources |
acting as the controlling government authority. The Director
of
|
Natural Resources may specify conditions on that approval, |
including but not
limited to
requirements for insurance and |
hours of operation.
Notwithstanding any other provision of this |
Act, alcoholic liquor sold by a
United States Army Corps of |
Engineers or Department of Natural
Resources
concessionaire |
who was operating on June 1, 1991 for on-premises consumption
|
only is not subject to the provisions of Articles IV and IX. |
Beer and wine
may be sold on the premises of the Joliet Park |
District Stadium owned by
the Joliet Park District when written |
consent to the issuance of a license
to sell beer and wine in |
such premises is filed with the local liquor
commissioner by |
the Joliet Park District. Beer and wine may be sold in
|
buildings on the grounds of State veterans' homes when written |
consent to
the issuance of a license to sell beer and wine in |
such buildings is filed
with the Commission by the Department |
of Veterans' Affairs, and the
facility shall provide dram shop |
liability in maximum insurance coverage
limits so as to save |
the facility harmless from all financial loss, damage
or harm. |
Such liquors may be delivered to and sold at any property owned |
|
or
held under lease by a Metropolitan Pier and Exposition |
Authority or
Metropolitan Exposition and Auditorium Authority.
|
Beer and wine may be sold and dispensed at professional |
sporting events
and at professional concerts and other |
entertainment events conducted on
premises owned by the Forest |
Preserve District of Kane County, subject to
the control of the |
District Commissioners and applicable local law,
provided that |
dram shop liability insurance is provided at maximum coverage
|
limits so as to hold the District harmless from all financial |
loss, damage
and harm.
|
Nothing in this Section shall preclude the sale or delivery |
of beer and
wine at a State or county fair or the sale or |
delivery of beer or wine at a
city fair in any otherwise lawful |
manner.
|
Alcoholic liquors may be sold at retail in buildings in |
State parks
under the control of the Department of Natural |
Resources,
provided:
|
a. the State park has overnight lodging facilities with |
some
restaurant facilities or, not having overnight |
lodging facilities, has
restaurant facilities which serve |
complete luncheon and dinner or
supper meals,
|
b. (blank), and consent to the issuance of a license to |
sell alcoholic liquors in
the buildings has been filed with |
the commission by the Department of
Natural Resources, and
|
c. the alcoholic liquors are sold by the State park |
lodge or
restaurant concessionaire only during the hours |
|
from 11 o'clock a.m. until
12 o'clock midnight. |
Notwithstanding any other provision of this Act,
alcoholic |
liquor sold by the State park or restaurant concessionaire |
is not
subject to the provisions of Articles IV and IX.
|
Alcoholic liquors may be sold at retail in buildings on |
properties
under the control of the Historic Sites and |
Preservation Division of the
Historic Preservation
Agency or |
the Abraham Lincoln Presidential Library and Museum provided:
|
a. the property has overnight lodging facilities with |
some restaurant
facilities or, not having overnight |
lodging facilities, has restaurant
facilities which serve |
complete luncheon and dinner or supper meals,
|
b. consent to the issuance of a license to sell |
alcoholic liquors in
the buildings has been filed with the |
commission by the Historic Sites and
Preservation Division
|
of the Historic
Preservation Agency or the Abraham Lincoln |
Presidential Library and Museum,
and
|
c. the alcoholic liquors are sold by the lodge or |
restaurant
concessionaire only during the hours from 11 |
o'clock a.m. until 12 o'clock
midnight.
|
The sale of alcoholic liquors pursuant to this Section does |
not
authorize the establishment and operation of facilities |
commonly called
taverns, saloons, bars, cocktail lounges, and |
the like except as a part
of lodge and restaurant facilities in |
State parks or golf courses owned
by Forest Preserve Districts |
with a population of less than 3,000,000 or
municipalities or |
|
park districts.
|
Alcoholic liquors may be sold at retail in the Springfield
|
Administration Building of the Department of Transportation |
and the
Illinois State Armory in Springfield; provided, that |
the controlling
government authority may consent to such sales |
only if
|
a. the request is from a not-for-profit organization;
|
b. such sales would not impede normal operations of the |
departments
involved;
|
c. the not-for-profit organization provides dram shop |
liability in
maximum insurance coverage limits and agrees |
to defend, save harmless
and indemnify the State of |
Illinois from all financial loss, damage or harm;
|
d. no such sale shall be made during normal working |
hours of the
State of Illinois; and
|
e. the consent is in writing.
|
Alcoholic liquors may be sold at retail in buildings in |
recreational
areas of river conservancy districts under the |
control of, or leased
from, the river conservancy districts. |
Such sales are subject to
reasonable local regulations as |
provided in Article IV; however, no such
regulations may |
prohibit or substantially impair the sale of alcoholic
liquors |
on Sundays or Holidays.
|
Alcoholic liquors may be provided in long term care |
facilities owned or
operated by a county under Division 5-21 or |
5-22 of the Counties Code,
when approved by the facility |
|
operator and not in conflict
with the regulations of the |
Illinois Department of Public Health, to
residents of the |
facility who have had their consumption of the alcoholic
|
liquors provided approved in writing by a physician licensed to |
practice
medicine in all its branches.
|
Alcoholic liquors may be delivered to and dispensed in |
State housing
assigned to employees of the Department of |
Corrections.
No person shall furnish or allow to be furnished |
any alcoholic
liquors to any prisoner confined in any jail, |
reformatory, prison or house
of correction except upon a |
physician's prescription for medicinal purposes.
|
Alcoholic liquors may be sold at retail or dispensed at the |
Willard Ice
Building in Springfield, at the State Library in |
Springfield, and at
Illinois State Museum facilities by (1) an
|
agency of the State, whether legislative, judicial or |
executive, provided
that such agency first obtains written |
permission to sell or dispense
alcoholic liquors from the |
controlling government authority, or by (2) a
not-for-profit |
organization, provided that such organization:
|
a. Obtains written consent from the controlling |
government authority;
|
b. Sells or dispenses the alcoholic liquors in a manner |
that does not
impair normal operations of State offices |
located in the building;
|
c. Sells or dispenses alcoholic liquors only in |
connection with an
official activity in the building;
|
|
d. Provides, or its catering service provides, dram |
shop liability
insurance in maximum coverage limits and in |
which the carrier agrees to
defend, save harmless and |
indemnify the State of Illinois from all
financial loss, |
damage or harm arising out of the selling or dispensing of
|
alcoholic liquors.
|
Nothing in this Act shall prevent a not-for-profit |
organization or agency
of the State from employing the services |
of a catering establishment for
the selling or dispensing of |
alcoholic liquors at authorized functions.
|
The controlling government authority for the Willard Ice |
Building in
Springfield shall be the Director of the Department |
of Revenue. The
controlling government authority for Illinois |
State Museum facilities shall
be the Director of the Illinois |
State Museum. The controlling government
authority for the |
State Library in Springfield shall be the Secretary of State.
|
Alcoholic liquors may be delivered to and sold at retail or |
dispensed
at any facility, property or building under the |
jurisdiction of the
Historic Sites and Preservation Division of |
the
Historic Preservation Agency
or the Abraham
Lincoln |
Presidential Library and Museum
where the delivery, sale or
|
dispensing is by (1)
an agency of the State, whether |
legislative, judicial or executive,
provided that such agency |
first obtains written permission to sell or
dispense alcoholic |
liquors from a controlling government authority, or by (2) an |
individual or organization provided that such individual or |
|
organization:
|
a. Obtains written consent from the controlling |
government authority;
|
b. Sells or dispenses the alcoholic liquors in a manner |
that does not
impair normal workings of State offices or |
operations located at the
facility, property or building;
|
c. Sells or dispenses alcoholic liquors only in |
connection with an
official activity of the individual or |
organization in the facility,
property or building;
|
d. Provides, or its catering service provides, dram |
shop liability
insurance in maximum coverage limits and in |
which the carrier agrees to
defend, save harmless and |
indemnify the State of Illinois from all
financial loss, |
damage or harm arising out of the selling or dispensing of
|
alcoholic liquors.
|
The controlling government authority for the
Historic |
Sites and Preservation Division of the
Historic Preservation |
Agency
shall be the Director of the Historic Sites and |
Preservation, and the
controlling
government authority for the |
Abraham Lincoln Presidential Library and Museum
shall be the |
Director of the Abraham Lincoln Presidential Library and |
Museum.
|
Alcoholic liquors may be delivered to and sold at retail or |
dispensed for
consumption at the Michael Bilandic Building at |
160 North LaSalle Street,
Chicago IL 60601, after the normal |
business hours of any day care or child care
facility located |
|
in the building, by (1) a commercial tenant or subtenant
|
conducting business on the premises under a lease made pursuant |
to Section
405-315 of the Department of Central Management |
Services Law (20 ILCS
405/405-315), provided that such tenant |
or subtenant who accepts delivery of,
sells, or dispenses |
alcoholic liquors shall procure and maintain dram shop
|
liability insurance in maximum coverage limits and in which the |
carrier
agrees to defend, indemnify, and save harmless the |
State of Illinois from
all financial loss, damage, or harm |
arising out of the delivery, sale, or
dispensing of alcoholic |
liquors, or by (2) an agency of the State, whether
legislative, |
judicial, or executive, provided that such agency first obtains
|
written permission to accept delivery of and sell or dispense |
alcoholic liquors
from the Director of Central Management |
Services, or by (3) a not-for-profit
organization, provided |
that such organization:
|
a. obtains written consent from the Department of |
Central Management
Services;
|
b. accepts delivery of and sells or dispenses the |
alcoholic liquors in a
manner that does not impair normal |
operations of State offices located in the
building;
|
c. accepts delivery of and sells or dispenses alcoholic |
liquors only in
connection with an official activity in the |
building; and
|
d. provides, or its catering service provides, dram |
shop liability
insurance in maximum coverage limits and in |
|
which the carrier agrees to
defend, save harmless, and |
indemnify the State of Illinois from all
financial loss, |
damage, or harm arising out of the selling or dispensing of
|
alcoholic liquors.
|
Nothing in this Act shall prevent a not-for-profit |
organization or agency
of the State from employing the services |
of a catering establishment for
the selling or dispensing of |
alcoholic liquors at functions authorized by
the Director of |
Central Management Services.
|
Alcoholic liquors may be sold at retail or dispensed at the |
James R.
Thompson Center in Chicago, subject to the provisions |
of Section 7.4 of the
State Property Control Act, and 222 South |
College Street in Springfield,
Illinois by (1) a commercial |
tenant or subtenant conducting business on the
premises under a |
lease or sublease made pursuant to Section 405-315 of the
|
Department of Central Management Services Law (20 ILCS |
405/405-315), provided
that such tenant or subtenant who
sells |
or dispenses alcoholic liquors shall procure and maintain dram |
shop
liability insurance in maximum coverage limits and in |
which the carrier
agrees to defend, indemnify and save harmless |
the State of Illinois from
all financial loss, damage or harm |
arising out of the sale or dispensing of
alcoholic liquors, or |
by (2) an agency of the State, whether legislative,
judicial or |
executive, provided that such agency first obtains written
|
permission to sell or dispense alcoholic liquors from the |
Director of
Central Management Services, or by (3) a |
|
not-for-profit organization,
provided that such organization:
|
a. Obtains written consent from the Department of |
Central Management
Services;
|
b. Sells or dispenses the alcoholic liquors in a manner |
that does not
impair normal operations of State offices |
located in the building;
|
c. Sells or dispenses alcoholic liquors only in |
connection with an
official activity in the building;
|
d. Provides, or its catering service provides, dram |
shop liability
insurance in maximum coverage limits and in |
which the carrier agrees to
defend, save harmless and |
indemnify the State of Illinois from all
financial loss, |
damage or harm arising out of the selling or dispensing of
|
alcoholic liquors.
|
Nothing in this Act shall prevent a not-for-profit |
organization or agency
of the State from employing the services |
of a catering establishment for
the selling or dispensing of |
alcoholic liquors at functions authorized by
the Director of |
Central Management Services.
|
Alcoholic liquors may be sold or delivered at any facility |
owned by the
Illinois Sports Facilities Authority provided that |
dram shop liability
insurance has been made available in a |
form, with such coverage and in such
amounts as the Authority |
reasonably determines is necessary.
|
Alcoholic liquors may be sold at retail or dispensed at the |
Rockford
State Office Building by (1) an agency of the State, |
|
whether legislative,
judicial or executive, provided that such |
agency first obtains written
permission to sell or dispense |
alcoholic liquors from the Department of
Central Management |
Services, or by (2) a not-for-profit organization,
provided |
that such organization:
|
a. Obtains written consent from the Department of |
Central Management
Services;
|
b. Sells or dispenses the alcoholic liquors in a manner |
that does not
impair normal operations of State offices |
located in the building;
|
c. Sells or dispenses alcoholic liquors only in |
connection with an
official activity in the building;
|
d. Provides, or its catering service provides, dram |
shop liability
insurance in maximum coverage limits and in |
which the carrier agrees to defend,
save harmless and |
indemnify the State of Illinois from all financial loss,
|
damage or harm arising out of the selling or dispensing of |
alcoholic liquors.
|
Nothing in this Act shall prevent a not-for-profit |
organization or agency
of the State from employing the services |
of a catering establishment for
the selling or dispensing of |
alcoholic liquors at functions authorized by
the Department of |
Central Management Services.
|
Alcoholic liquors may be sold or delivered in a building |
that is owned
by McLean County, situated on land owned by the |
county in the City of
Bloomington, and used by the McLean |
|
County Historical Society if the sale
or delivery is approved |
by an ordinance adopted by the county board, and
the |
municipality in which the building is located may not prohibit |
that
sale or delivery, notwithstanding any other provision of |
this Section. The
regulation of the sale and delivery of |
alcoholic liquor in a building that
is owned by McLean County, |
situated on land owned by the county, and used
by the McLean |
County Historical Society as provided in this paragraph is an
|
exclusive power and function of the State and is a denial and |
limitation
under Article VII, Section 6, subsection (h) of the |
Illinois Constitution
of the power of a home rule municipality |
to regulate that sale and delivery.
|
Alcoholic liquors may be sold or delivered in any building |
situated on
land held in trust for any school district |
organized under Article 34 of
the School Code, if the building |
is not used for school purposes and if the
sale or delivery is |
approved by the board of education.
|
Alcoholic liquors may be sold or delivered in buildings |
owned
by the Community Building Complex Committee of Boone |
County,
Illinois if the person or facility selling or |
dispensing the
alcoholic liquor has provided dram shop |
liability insurance with coverage and
in amounts that the |
Committee reasonably determines are necessary.
|
Alcoholic liquors may be sold or delivered in the building |
located at
1200 Centerville Avenue in Belleville, Illinois and |
occupied by either the
Belleville Area Special Education |
|
District or the Belleville Area Special
Services
Cooperative. |
Alcoholic liquors may be delivered to and sold at the Louis |
Joliet
Renaissance Center, City Center Campus, located at 214 |
N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts |
Department facilities, Main Campus, located at
1215 Houbolt |
Road, Joliet, owned by or under the control of Joliet Junior
|
College,
Illinois Community College District No. 525.
|
Alcoholic liquors may be delivered to and sold at Triton |
College, Illinois Community College District No. 504. |
Alcoholic liquors may be delivered to and sold at the |
College of DuPage, Illinois Community College District No. 502. |
Alcoholic liquors may be delivered to and sold at the |
building located at 446 East Hickory Avenue in Apple River, |
Illinois, owned by the Apple River Fire Protection District, |
and occupied by the Apple River Community Association if the |
alcoholic liquor is sold or dispensed only in connection with |
organized functions approved by the Apple River Community |
Association for which the planned attendance is 20 or more |
persons and if the person or facility selling or dispensing the |
alcoholic liquor has provided dram shop liability insurance in |
maximum limits so as to hold harmless the Apple River Fire |
Protection District, the Village of Apple River, and the Apple |
River Community Association from all financial loss, damage, |
and harm. |
Alcoholic liquors may be delivered to and sold at the Sikia |
Restaurant, Kennedy King College Campus, located at 740 West |
|
63rd Street, Chicago, and at the Food Services in the Great |
Hall/Washburne Culinary Institute Department facility, Kennedy |
King College Campus, located at 740 West 63rd Street, Chicago, |
owned by or under the control of City Colleges of Chicago, |
Illinois Community College District No. 508.
|
(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, |
eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; |
97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. |
3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised |
9-24-13.) |
(320 ILCS 65/20 rep.) |
Section 110. The Family Caregiver Act is amended by |
repealing Section 20.
|
(410 ILCS 3/10 rep.)
|
Section 115. The Atherosclerosis Prevention Act is amended |
by repealing Section 10.
|
(410 ILCS 425/Act rep.)
|
Section 120. The High Blood Pressure Control Act is |
repealed. |
Section 125. The Environmental Protection Act is amended by |
changing Section 22.8 as follows:
|
|
(415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
|
Sec. 22.8. Environmental Protection Permit and Inspection |
Fund.
|
(a) There is hereby created in the State Treasury a special |
fund to be known
as the Environmental Protection Permit and |
Inspection Fund. All fees collected
by the Agency pursuant to |
this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), |
56.4, 56.5, 56.6, and subsection (f) of Section 5 of this
Act , |
or pursuant to Section 22 of the Public Water Supply Operations |
Act or Section 1011 of the Solid Waste Site Operator |
Certification Law, as well as
and funds collected under |
subsection (b.5) of Section 42 of this Act ,
shall be deposited |
into the Fund. In addition to any monies appropriated
from the |
General Revenue Fund, monies in the Fund shall be appropriated
|
by the General Assembly to the Agency in amounts deemed |
necessary for
manifest, permit, and inspection activities and |
for performing its functions, powers, and duties under the |
Solid Waste Site Operator Certification Law processing |
requests
under Section 22.2 (j)(6)(E)(v)(IV) .
|
The General Assembly may appropriate monies in the Fund |
deemed necessary
for Board regulatory and adjudicatory |
proceedings.
|
(a-5) As soon as practicable after the effective date of |
this amendatory Act of the 98th General Assembly, but no later |
than January 1, 2014, the State Comptroller shall direct and |
the State Treasurer shall transfer all monies in the Industrial |
|
Hygiene Regulatory and Enforcement Fund to the Environmental |
Protection Permit and Inspection Fund to be used in accordance |
with the terms of the Environmental Protection Permit and |
Inspection Fund. |
(a-6) As soon as practicable after the effective date of |
this amendatory Act of the 98th General Assembly, but no later |
than December 31, 2014, the State Comptroller shall order the |
transfer of, and the State Treasurer shall transfer, all moneys |
in the Hazardous Waste Occupational Licensing Fund into the |
Environmental Protection Permit and Inspection Fund to be used |
in accordance with the terms of the Environmental Protection |
Permit and Inspection Fund. |
(b) The Agency shall collect from the
owner or operator of |
any of the following types of hazardous waste disposal
sites or |
management facilities which require a RCRA permit under |
subsection
(f) of Section 21 of this Act, or a UIC permit under |
subsection (g) of Section
12 of this Act, an annual fee in the |
amount of:
|
(1) $35,000 ($70,000 beginning in 2004)
for a hazardous |
waste disposal site receiving hazardous
waste if the |
hazardous waste disposal site is located off the site where
|
such waste was produced;
|
(2) $9,000 ($18,000 beginning in 2004)
for a hazardous |
waste disposal site receiving hazardous waste
if the |
hazardous waste disposal site is located on the site where |
such
waste was produced;
|
|
(3) $7,000 ($14,000 beginning in 2004)
for a hazardous |
waste disposal site receiving hazardous waste
if the |
hazardous waste disposal site is an underground injection |
well;
|
(4) $2,000 ($4,000 beginning in 2004)
for a hazardous |
waste management facility treating
hazardous waste by |
incineration;
|
(5) $1,000 ($2,000 beginning in 2004)
for a hazardous |
waste management facility treating hazardous
waste by a |
method, technique or process other than incineration;
|
(6) $1,000 ($2,000 beginning in 2004)
for a hazardous |
waste management facility storing hazardous
waste in a |
surface impoundment or pile;
|
(7) $250 ($500 beginning in 2004)
for a hazardous waste |
management facility storing hazardous
waste other than in a |
surface impoundment or pile; and
|
(8) Beginning in 2004, $500 for a large quantity |
hazardous waste
generator required to submit an annual or |
biennial report for hazardous waste
generation.
|
(c) Where two or more operational units are located within |
a single
hazardous waste disposal site, the Agency shall |
collect from the owner or
operator of such site an annual fee |
equal to the highest fee imposed by
subsection (b) of this |
Section upon any single operational unit within the
site.
|
(d) The fee imposed upon a hazardous waste disposal site |
under this
Section shall be the exclusive permit and inspection |
|
fee applicable to
hazardous waste disposal at such site, |
provided that nothing in this
Section shall be construed to |
diminish or otherwise affect any fee imposed
upon the owner or |
operator of a hazardous waste disposal site by Section 22.2.
|
(e) The Agency shall establish procedures, no later than |
December 1,
1984, relating to the collection of the hazardous |
waste disposal site
fees authorized by this Section. Such |
procedures shall include, but not be
limited to the time and |
manner of payment of fees to the Agency, which
shall be |
quarterly, payable at the beginning of each quarter for |
hazardous
waste disposal site fees. Annual fees required under |
paragraph (7) of
subsection (b) of this Section shall accompany |
the annual report required
by Board regulations for the |
calendar year for which the report applies.
|
(f) For purposes of this Section, a hazardous waste |
disposal site
consists of one or more of the following |
operational units:
|
(1) a landfill receiving hazardous waste for disposal;
|
(2) a waste pile or surface impoundment, receiving |
hazardous waste, in
which residues which exhibit any of the |
characteristics of hazardous waste
pursuant to Board |
regulations are reasonably expected to remain after |
closure;
|
(3) a land treatment facility receiving hazardous |
waste; or
|
(4) a well injecting hazardous waste.
|
|
(g) The Agency shall assess a fee for each manifest |
provided by the
Agency. For manifests provided on or after |
January 1, 1989 but before July 1,
2003, the fee shall be $1 |
per manifest. For manifests provided on or after
July 1, 2003, |
the fee shall be $3 per manifest.
|
(Source: P.A. 98-78, eff. 7-15-13.)
|
Section 130. The Illinois Pesticide Act is amended by |
changing Sections 19.3 and 22.2 as follows:
|
(415 ILCS 60/19.3)
|
Sec. 19.3. Agrichemical Facility Response Action Program.
|
(a) It is the policy of the State of Illinois that an |
Agrichemical Facility
Response Action Program be implemented |
to reduce potential agrichemical pollution
and minimize |
environmental degradation risk potential at these sites. In |
this
Section, "agrichemical facility" means a site where |
agrichemicals are
stored or handled, or both, in preparation |
for end use. "Agrichemical
facility" does not include basic |
manufacturing or central distribution sites
utilized only for |
wholesale purposes. As used in this Section, "agrichemical"
|
means pesticides or commercial fertilizers at an agrichemical |
facility.
|
The program shall provide guidance for assessing the threat |
of soil
agrichemical
contaminants to groundwater and |
recommending which sites need to establish a
voluntary |
|
corrective action program.
|
The program shall establish appropriate site-specific soil |
cleanup
objectives, which shall be based on the potential for |
the agrichemical
contaminants to move from the soil to |
groundwater and the potential of the
specific soil agrichemical |
contaminants to cause an
exceedence of a Class I
or Class III |
groundwater quality standard or a health advisory level. The
|
Department shall use the information found and procedures |
developed in the
Agrichemical Facility Site Contamination |
Study or other appropriate physical
evidence to establish the |
soil agrichemical contaminant
levels of concern to
groundwater |
in the various hydrological settings to establish |
site-specific
cleanup objectives.
|
No remediation of a site may be recommended unless (i) the |
agrichemical
contamination
level in the soil exceeds the |
site-specific cleanup objectives
or (ii) the agrichemical |
contaminant level in the soil
exceeds levels where physical |
evidence and risk evaluation indicates
probability of the site |
causing an
exceedence of a groundwater quality standard.
|
When a remediation plan must be carried out over a number |
of years due to
limited financial resources of the owner or |
operator of the agrichemical
facility, those soil agrichemical |
contaminated areas that
have the greatest potential to |
adversely impact vulnerable Class I groundwater
aquifers and |
adjacent potable water wells shall
receive the highest priority |
rating and be remediated first.
|
|
(b) (Blank). The Agrichemical Facility Response Action |
Program Board ("the Board") is
created. The
Board members shall |
consist of the following:
|
(1) The Director or the Director's designee.
|
(2) One member who represents pesticide manufacturers.
|
(3) Two members who represent retail agrichemical |
dealers.
|
(4) One member who represents agrichemical |
distributors.
|
(5) One member who represents active farmers.
|
(6) One member at large.
|
The public members of the Board shall be appointed by the |
Governor for terms
of 2 years. Those persons on the Board who |
represent pesticide manufacturers,
agrichemical dealers, |
agrichemical distributors, and farmers shall be selected
from |
recommendations made by the associations whose membership |
reflects those
specific areas of interest. The members of the |
Board shall be appointed within
90 days after the effective |
date of this amendatory Act of 1995. Vacancies on
the Board |
shall be filled within 30 days. The Board may fill any |
membership
position vacant for a period exceeding 30 days.
|
The members of the Board shall be paid no compensation, but |
shall be
reimbursed
for their expenses incurred in performing |
their duties. If a civil
proceeding is commenced against a |
Board member arising out of an act or
omission occurring within |
the scope of the Board member's performance of his or
her |
|
duties under this Section, the State, as provided by rule, |
shall indemnify
the Board member for any damages awarded and |
court costs and attorney's fees
assessed as part of a final and |
unreversed judgement, or shall pay the
judgment, unless the |
court or jury finds that the conduct or inaction that gave
rise |
to the claim or cause of action was intentional, wilful or |
wanton
misconduct and was not intended to serve or benefit |
interests of the State.
|
The chairperson of the Board shall be selected by the Board |
from among the
public members.
|
(c) (Blank). The Board has the authority to do the |
following:
|
(1) Cooperate with the Department and review and |
approve an agrichemical
facility remediation program as |
outlined in the handbook or manual as set forth
in |
subdivision (d)(8) of this Section.
|
(2) Review and give final approval to each agrichemical |
facility
corrective
action plan.
|
(3) Approve any changes to an agrichemical facility's |
corrective action
plan that may be necessary.
|
(4) Upon completion of the corrective action plan, |
recommend to the
Department that the site-specific cleanup |
objectives have been met and that a
notice of closure be |
issued by the Department stating that no further remedial
|
action is required to remedy the past agrichemical
|
contamination.
|
|
(5) When a soil agrichemical contaminant assessment
|
confirms that remedial
action
is not required in accordance |
with the Agrichemical Facility Response Action
Program, |
recommend that a notice of closure be issued by the |
Department stating
that no
further remedial action is |
required to remedy the past agrichemical
contamination.
|
(6) Periodically review the Department's |
administration of the
Agrichemical Incident Response Trust |
Fund and actions taken with respect to the
Fund. The Board |
shall also provide advice to the Interagency Committee on
|
Pesticides regarding the proper handling of agrichemical |
incidents at
agrichemical facilities in Illinois.
|
(d) The Director has the authority to do the following:
|
(1) When requested by the owner or operator of an |
agrichemical
facility, may investigate the agrichemical |
facility site contamination.
|
(2) After completion of the investigation under item |
subdivision (d) (1) of this
subsection Section , recommend |
to the owner or operator of an
agrichemical facility that a
|
voluntary assessment be made of the soil agrichemical
|
contaminant when there is
evidence that the evaluation of |
risk indicates that
groundwater could be
adversely |
impacted.
|
(3) Review and make recommendations on any corrective |
action plan
submitted by the owner or operator of an |
agrichemical facility to the Board for
final approval .
|
|
(4) On approval by the Director Board , issue an order |
to the owner or operator of
an
agrichemical facility that |
has filed a voluntary corrective action plan that
the owner |
or operator may proceed with that plan.
|
(5) Provide remedial project oversight and , monitor |
remedial work progress ,
and
report to the Board on the |
status of remediation projects .
|
(6) Provide staff to support program the activities of |
the Board .
|
(7) (Blank). Take appropriate action on the Board's |
recommendations regarding
policy
needed to carry out the |
Board's responsibilities under this Section.
|
(8) Incorporate In cooperation with the Board, |
incorporate the following into a
handbook or manual: the |
procedures for site assessment; pesticide constituents
of |
concern and associated parameters; guidance on remediation |
techniques, land
application, and corrective action plans; |
and other information or instructions
that the Department |
may find necessary.
|
(9) Coordinate preventive response actions at |
agrichemical facilities
pursuant to the
Groundwater |
Quality Standards adopted pursuant to Section 8 of the |
Illinois
Groundwater Protection Act to mitigate resource |
groundwater impairment.
|
Upon completion of the corrective action plan and upon |
recommendation of
the Board , the Department shall issue a |
|
notice of closure stating that
site-specific cleanup |
objectives have been met and no further remedial action
is |
required to remedy the past agrichemical contamination.
|
When a soil agrichemical contaminant assessment confirms
|
that remedial action
is not required in accordance with the |
Agrichemical Facility Response Action
Program and upon the |
recommendation of the Board , a notice of closure shall be
|
issued by the Department stating that no
further remedial |
action is required to remedy the past agrichemical
|
contamination.
|
(e) Upon receipt of notification of an agrichemical
|
contaminant in
groundwater pursuant to the Groundwater Quality |
Standards, the Department shall
evaluate the severity of the |
agrichemical contamination and
shall submit to the
|
Environmental Protection Agency an informational notice |
characterizing it as
follows:
|
(1) An agrichemical contaminant in Class I or Class III
|
groundwater has
exceeded
the levels of a standard adopted |
pursuant to the Illinois Groundwater
Protection Act or a |
health advisory established by the Illinois Environmental
|
Protection Agency or the United States Environmental |
Protection Agency; or
|
(2) An agrichemical has been detected at a level that
|
requires
preventive notification pursuant to a standard |
adopted pursuant to the Illinois
Groundwater Protection |
Act.
|
|
(f) When agrichemical contamination is characterized as in
|
subsection subdivision (e)(1) of this Section, a facility may |
elect to participate in the
Agrichemical Facility
Response |
Action Program. In these instances, the scope of the corrective
|
action plans developed, approved, and completed under this |
program shall be
limited to the soil agrichemical
contamination |
present at the site unless implementation of the plan is
|
coordinated with the Illinois Environmental Protection Agency |
as follows:
|
(1) Upon receipt of notice of intent to include |
groundwater in an action
by a facility, the Department |
shall also
notify the Illinois Environmental Protection |
Agency.
|
(2) Upon receipt of the corrective action plan, the |
Department shall
coordinate a joint review of the plan with |
the Illinois Environmental
Protection Agency.
|
(3) The Illinois Environmental Protection Agency may |
provide a written
endorsement of the corrective action |
plan.
|
(4) The Illinois Environmental Protection Agency may |
approve a
groundwater
management zone for a period
of 5 |
years after the implementation of the corrective action |
plan to allow for
groundwater impairment mitigation |
results.
|
(5) (Blank). The Department, in cooperation with the |
Illinois Environmental
Protection Agency, shall recommend |
|
a proposed corrective action plan to the
Board for final |
approval to proceed with remediation. The recommendation |
shall
be based on the joint review conducted under |
subdivision (f)(2) of this
Section and the status of any |
endorsement issued under subdivision (f)(3) of
this |
Section.
|
(6) The Department, in cooperation with the Illinois |
Environmental
Protection Agency, shall provide remedial |
project oversight, monitor remedial
work progress , and |
report to the Board on the status of the remediation
|
project .
|
(7) The Department shall, upon completion of the |
corrective action plan
and recommendation of the Board , |
issue a notice of closure stating that no
further remedial |
action is required to remedy the past agrichemical
|
contamination.
|
(g) When an owner or operator of an agrichemical facility |
initiates a soil
contamination assessment on the owner's or |
operator's own volition and
independent of any requirement |
under this Section 19.3, information
contained in that |
assessment may be held as confidential information by the
owner |
or operator of the facility.
|
(h) Except as otherwise provided by Department rule, on and |
after the effective date of this amendatory Act of the 98th |
General Assembly, any Agrichemical Facility Response Action |
Program requirement that may be satisfied by an industrial |
|
hygienist licensed pursuant to the Industrial Hygienists |
Licensure Act repealed in this amendatory Act may be satisfied |
by a Certified Industrial Hygienist certified by the American |
Board of Industrial Hygiene. |
(Source: P.A. 98-78, eff. 7-15-13.)
|
(415 ILCS 60/22.2) (from Ch. 5, par. 822.2)
|
Sec. 22.2.
(a) There is hereby created a trust fund in
the |
State Treasury to be known as
the Agrichemical Incident |
Response Trust Fund. Any funds received by
the Director of |
Agriculture from the mandates of Section 13.1 shall be
|
deposited with the Treasurer as ex-officio custodian and held |
separate and
apart from any public money of this State, with |
accruing interest on
the trust funds deposited into the trust |
fund. Disbursement from the fund
for purposes as set forth in |
this Section shall be by voucher ordered by
the Director and |
paid by a warrant drawn by the State Comptroller and
|
countersigned by the State Treasurer. The Director shall order
|
disbursements from the Agrichemical Incident Response Trust |
Fund only for
payment of the expenses authorized by this Act. |
Monies in this trust fund
shall not be subject
to appropriation |
by the General Assembly but shall be subject to audit by
the |
Auditor General. Should the program be terminated, all |
unobligated
funds in the trust fund shall be transferred to a |
trust fund to be used for
purposes as originally intended or be |
transferred to the Pesticide Control
Fund. Interest earned on |
|
the Fund shall
be deposited in the Fund. Monies in the Fund may |
be used
by the Department of Agriculture for the following |
purposes:
|
(1) for payment of costs of response action incurred by |
owners or
operators of agrichemical facilities as provided |
in Section 22.3 of this Act;
|
(2) for the Department to take emergency action in |
response to a
release of agricultural pesticides from an |
agrichemical facility that has
created an imminent threat |
to public health or the environment;
|
(3) for the costs of administering its activities |
relative to the Fund
as delineated in subsections (b) and |
(c) of this Section; and
|
(4) for the Department to:
|
(A) (blank); and reimburse members of the |
Agrichemical Facility Response Action
Program Board |
for their expenses incurred in performing their duties |
as defined
under Section 19.3 of this Act; and
|
(B) administer provide staff to support the |
activities of the Agrichemical Facility
Response |
Action Program Board .
|
The total annual expenditures from the Fund for these |
purposes under this
paragraph (4) shall not be more than |
$120,000, and no expenditure from the Fund
for these |
purposes shall be made when the Fund balance becomes less |
than
$750,000.
|
|
(b) The action undertaken shall be such as may be necessary |
or
appropriate to protect human health or the environment.
|
(c) The Director of Agriculture is authorized to enter into |
contracts
and agreements as may be necessary to carry out the |
Department's duties
under this Section.
|
(d) Neither the State, the Director, nor any State employee |
shall be
liable for any damages or injury arising out of or |
resulting from any
action taken under this Section.
|
(e) (Blank). On a quarterly basis, the Department shall |
advise and consult with
the Agrichemical Facility Response |
Action Program Board as to the Department's
administration of |
the Fund.
|
(Source: P.A. 89-94, eff. 7-6-95.)
|
Section 135. The Hazardous Material Emergency Response |
Reimbursement Act is amended by changing Sections 3, 4, and 5 |
as follows:
|
(430 ILCS 55/3) (from Ch. 127 1/2, par. 1003)
|
Sec. 3. Definitions. As used in this Act:
|
(a) "Emergency action" means any action taken at or near |
the scene of a
hazardous materials emergency incident to |
prevent or minimize harm to human
health, to property, or to |
the environments from the unintentional release
of a hazardous |
material.
|
(b) "Emergency response agency" means a unit of local
|
|
government, volunteer fire protection organization, or the |
American Red Cross that provides:
|
(1) firefighting services;
|
(2) emergency rescue services;
|
(3) emergency medical services;
|
(4) hazardous materials response teams;
|
(5) civil defense;
|
(6) technical rescue teams; or
|
(7) mass care or assistance to displaced persons.
|
(c) "Responsible party" means a person who:
|
(1) owns or has custody of hazardous material that is |
involved in an
incident requiring emergency action by an |
emergency response agency; or
|
(2) owns or has custody of bulk or non-bulk packaging |
or a transport
vehicle that contains hazardous material |
that is involved in an incident
requiring emergency action |
by an emergency response agency; and
|
(3) who causes or substantially contributed to the |
cause of the incident.
|
(d) "Person" means an individual, a corporation, a |
partnership, an
unincorporated association, or any unit of |
federal, State or local government.
|
(e) "Annual budget" means the cost to operate an emergency |
response
agency excluding personnel costs, which include |
salary, benefits and
training expenses; and costs to acquire |
capital equipment including
buildings, vehicles and other such |
|
major capital cost items.
|
(f) "Hazardous material" means a substance or material in a |
quantity and
form determined by the United States Department of |
Transportation to be
capable of posing an unreasonable risk to |
health and safety or property
when transported in commerce.
|
(g) "Fund" means the Fire Prevention Fund "Panel" means |
administrative panel .
|
(Source: P.A. 93-159, eff. 1-1-04; 94-96, eff. 1-1-06.)
|
(430 ILCS 55/4) (from Ch. 127 1/2, par. 1004)
|
Sec. 4. Establishment. The Emergency Response |
Reimbursement Fund in
the State Treasury, hereinafter called |
the Fund, is
hereby created. Appropriations shall be made from |
the general revenue fund
to the Fund. Monies in the Fund shall |
be used as provided in this Act.
|
The Emergency Response Reimbursement Fund is dissolved as |
of the effective date of this amendatory Act of the 98th |
General Assembly. Any moneys remaining in the fund shall be |
transferred to the Fire Prevention Fund. |
(Source: P.A. 86-972.)
|
(430 ILCS 55/5) (from Ch. 127 1/2, par. 1005)
|
Sec. 5. Reimbursement to agencies.
|
(a) It shall be the duty of the responsible party to |
reimburse, within 60 days after the receipt of a bill for the |
hazardous material emergency incident, the emergency response |
|
agencies responding to
a hazardous material emergency |
incident, and any private contractor
responding to the incident |
at the request of an emergency response agency,
for the costs |
incurred in the course of providing emergency action.
|
(b) In the event that the emergency response agencies are |
not reimbursed
by a responsible party as required under |
subsection (a), monies in the Fund , subject to appropriation, |
shall be used to reimburse the emergency response agencies
|
providing emergency action at or near the scene of a hazardous |
materials
emergency incident subject to the following |
limitations:
|
(1) Cost recovery from the Fund is limited to |
replacement of expended
materials including, but not |
limited to, specialized firefighting
foam, damaged hose or |
other reasonable and necessary supplies.
|
(2) The applicable cost of supplies must exceed 2% of |
the
emergency response agency's annual budget.
|
(3) A minimum of $500 must have been expended.
|
(4) A maximum of $10,000 may be requested per incident.
|
(5) The response was made to an incident involving |
hazardous materials
facilities such as rolling stock which |
are not in a terminal and which are
not included on the |
property tax roles for the jurisdiction where the
incident |
occurred.
|
(c) Application for reimbursement from the Fund shall be
|
made to the State Fire Marshal or his designee. The State Fire |
|
Marshal
shall, through rulemaking, promulgate a standard form |
for such application.
The State Fire Marshal shall adopt rules |
for the administration of
this Act.
|
(d) Claims against the Fund shall be reviewed by the |
Illinois Fire Advisory Commission at its normally scheduled |
meetings, as the claims are received. The Commission shall be |
responsible for: |
(1) reviewing claims made against the Fund and |
determining reasonable and necessary expenses to be |
reimbursed for an emergency response agency: |
(2) affirming that the emergency response agency has |
made a reasonable effort to recover expended costs from |
involved parties; and |
(3) advising the State Fire Marshal as to those claims |
against the Fund which merit reimbursement. |
(e) The State Fire Marshal shall either accept or reject |
the Commission's recommendations as to a claim's eligibility. |
The eligibility decision of the State Fire Marshal shall be a |
final administrative decision, and may be reviewed as provided |
under the Administrative Review Law. |
(Source: P.A. 93-989, eff. 1-1-05.)
|
(430 ILCS 55/7 rep.)
|
Section 140. The Hazardous Material Emergency Response |
Reimbursement Act is amended by repealing Section 7.
|
|
(510 ILCS 15/1 rep.)
|
Section 145. The Animal Gastroenteritis Act is amended by |
repealing Section 1. |
Section 150. The Illinois Pseudorabies Control Act is |
amended by changing Section 5.1 as follows:
|
(510 ILCS 90/5.1) (from Ch. 8, par. 805.1)
|
Sec. 5.1. Pseudorabies Advisory Committee. Upon the |
detection of pseudorabies within the State, the The Director of |
Agriculture
is authorized to establish
within the Department an |
advisory committee to be known as the Pseudorabies
Advisory |
Committee. The Committee Such committee shall consist of, but |
not be limited
to, representatives of swine producers, general |
swine organizations within
the State, licensed veterinarians, |
general farm organizations, auction
markets, the packing |
industry and the University of Illinois. Members of the |
Committee shall only be appointed and meet during the timeframe |
of the detection. The Director
shall, from time to time, |
consult with the Pseudorabies Advisory Committee
on changes in |
the pseudorabies control program.
|
The Director shall appoint a Technical Committee from the |
membership of
the Pseudorabies Advisory Committee, which shall |
be comprised of a
veterinarian, a swine extension specialist, |
and a pork producer. This
committee shall serve as resource |
persons for the technical aspects of the
herd plans and may |
|
advise the Department on procedures to be followed,
timetables |
for accomplishing the elimination of infection, assist in
|
obtaining cooperation from swine herd owners, and recommend |
adjustments in
the approved herd plan as necessary.
|
These Committee members shall be entitled to reimbursement |
of
all necessary and actual expenses incurred in the |
performance of their duties.
|
(Source: P.A. 89-154, eff. 7-19-95.)
|
(525 ILCS 25/10 rep.) |
Section 155. The Illinois Lake Management Program Act is |
amended by repealing Section 10.
|
(815 ILCS 325/6 rep.) |
Section 160. The Recyclable Metal Purchase Registration |
Law is amended by repealing Section 6. |
Section 995. Illinois Compiled Statutes reassignment. |
The Legislative Reference Bureau shall reassign the |
following Act to the specified location in the Illinois |
Compiled Statutes and file appropriate documents with the Index |
Division of the Office of the Secretary of State in accordance |
with subsection (c) of Section 5.04 of the Legislative |
Reference Bureau Act: |
Illinois Commission on Volunteerism and Community |
Service Act, reassigned from 20 ILCS 710/ to 20 ILCS 2330/.
|