Bill Text: IL SB3443 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the State Budget Law of the Civil Administrative Code of Illinois. Removes a requirement that the Governor must distribute budget statements on all appropriated funds. Removes a requirement that the Governor's written quarterly financial reports must be prepared for each State agency and on a statewide level. Amends the Property Tax Code. Provides that certain information must be posted on the Department of Revenue's website. Repeals a provision of the Wholesale Drug Distribution Licensing Act requiring wholesale distributors to submit a bond. Amends the Liquor Control Act of 1934. Removes a provision requiring State parks to consent before alcohol may be sold at retail in buildings in the park. Repeals the High Blood Pressure Control Act. Amends the Environmental Control Act. Authorizes the transfer of moneys from the Hazardous Waste Occupational Licensing Fund to the Environmental Protection Permit and Inspection Fund. Repeals various boards and commissions. Amends the Animal Gastroenteritis Act to add members to the Swine Disease Control Committee. Provides that meetings shall only be held in the event of a disease outbreak. Repeals the Defense Contract Employment Discrimination Act. Effective immediately, except that some provisions take effect January 1, 2015.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-07-01 - Public Act . . . . . . . . . 98-0692 [SB3443 Detail]

Download: Illinois-2013-SB3443-Chaptered.html

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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/.

Section 999. Effective date. This Act takes effect upon
becoming law, except that Section 60 takes effect January 1,
2015.