Bill Text: IL HB2891 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the General Assembly Compensation Act. Provides that, for terms commencing on or after January 12, 2011, each member of the General Assembly shall receive compensation that is no more than 90% of the amount last set by the Compensation Review Board. Amends the Compensation Review Act. For fiscal year 2012 and each fiscal year thereafter, prohibits a cost of living adjustment for General Assembly members. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 12-2)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2891 Detail]

Download: Illinois-2011-HB2891-Amended.html

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Sen. Dan Kotowski

Filed: 1/2/2013

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AMENDMENT TO HOUSE BILL 2891
AMENDMENT NO. ______. Amend House Bill 2891, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"ARTICLE 1. SHORT TITLE; PURPOSE
Section 1-1. Short title. This Act may be cited as the
FY2013 Budget Implementation (Supplemental) Act.
Section 1-5. Purpose. It is the purpose of this Act to make
changes in State programs that are necessary to implement the
Governor's fiscal year 2013 budget recommendations.
ARTICLE 5. AMENDATORY PROVISIONS
Section 5-5. The State Budget Law of the Civil
Administrative Code of Illinois is amended by changing Section

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50-5 as follows:
(15 ILCS 20/50-5)
Sec. 50-5. Governor to submit State budget.
(a) The Governor shall, as soon as possible and not later
than the second Wednesday in March in 2010 (March 10, 2010),
the third Wednesday in February in 2011, the fourth Wednesday
in February in 2012 (February 22, 2012), the first Wednesday in
March in 2013 (March 6, 2013), and the third Wednesday in
February of each year thereafter, except as otherwise provided
in this Section, submit a State budget, embracing therein the
amounts recommended by the Governor to be appropriated to the
respective departments, offices, and institutions, and for all
other public purposes, the estimated revenues from taxation,
and the estimated revenues from sources other than taxation.
Except with respect to the capital development provisions of
the State budget, beginning with the revenue estimates prepared
for fiscal year 2012, revenue estimates shall be based solely
on: (i) revenue sources (including non-income resources),
rates, and levels that exist as of the date of the submission
of the State budget for the fiscal year and (ii) revenue
sources (including non-income resources), rates, and levels
that have been passed by the General Assembly as of the date of
the submission of the State budget for the fiscal year and that
are authorized to take effect in that fiscal year. Except with
respect to the capital development provisions of the State

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budget, the Governor shall determine available revenue, deduct
the cost of essential government services, including, but not
limited to, pension payments and debt service, and assign a
percentage of the remaining revenue to each statewide
prioritized goal, as established in Section 50-25 of this Law,
taking into consideration the proposed goals set forth in the
report of the Commission established under that Section. The
Governor shall also demonstrate how spending priorities for the
fiscal year fulfill those statewide goals. The amounts
recommended by the Governor for appropriation to the respective
departments, offices and institutions shall be formulated
according to each department's, office's, and institution's
ability to effectively deliver services that meet the
established statewide goals. The amounts relating to
particular functions and activities shall be further
formulated in accordance with the object classification
specified in Section 13 of the State Finance Act. In addition,
the amounts recommended by the Governor for appropriation shall
take into account each State agency's effectiveness in
achieving its prioritized goals for the previous fiscal year,
as set forth in Section 50-25 of this Law, giving priority to
agencies and programs that have demonstrated a focus on the
prevention of waste and the maximum yield from resources.
Beginning in fiscal year 2011, the Governor shall
distribute written quarterly financial reports on operating
funds, which may include general, State, or federal funds and

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may include funds related to agencies that have significant
impacts on State operations, and budget statements on all
appropriated funds to the General Assembly and the State
Comptroller. The reports shall be submitted no later than 45
days after the last day of each quarter of the fiscal year and
shall be posted on the Governor's Office of Management and
Budget's website on the same day. The reports shall be prepared
and presented for each State agency and on a statewide level in
an executive summary format that may include, for the fiscal
year to date, individual itemizations for each significant
revenue type as well as itemizations of expenditures and
obligations, by agency, with an appropriate level of detail.
The reports shall include a calculation of the actual total
budget surplus or deficit for the fiscal year to date. The
Governor shall also present periodic budget addresses
throughout the fiscal year at the invitation of the General
Assembly.
The Governor shall not propose expenditures and the General
Assembly shall not enact appropriations that exceed the
resources estimated to be available, as provided in this
Section. Appropriations may be adjusted during the fiscal year
by means of one or more supplemental appropriation bills if any
State agency either fails to meet or exceeds the goals set
forth in Section 50-25 of this Law.
For the purposes of Article VIII, Section 2 of the 1970
Illinois Constitution, the State budget for the following funds

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shall be prepared on the basis of revenue and expenditure
measurement concepts that are in concert with generally
accepted accounting principles for governments:
(1) General Revenue Fund.
(2) Common School Fund.
(3) Educational Assistance Fund.
(4) Road Fund.
(5) Motor Fuel Tax Fund.
(6) Agricultural Premium Fund.
These funds shall be known as the "budgeted funds". The
revenue estimates used in the State budget for the budgeted
funds shall include the estimated beginning fund balance, plus
revenues estimated to be received during the budgeted year,
plus the estimated receipts due the State as of June 30 of the
budgeted year that are expected to be collected during the
lapse period following the budgeted year, minus the receipts
collected during the first 2 months of the budgeted year that
became due to the State in the year before the budgeted year.
Revenues shall also include estimated federal reimbursements
associated with the recognition of Section 25 of the State
Finance Act liabilities. For any budgeted fund for which
current year revenues are anticipated to exceed expenditures,
the surplus shall be considered to be a resource available for
expenditure in the budgeted fiscal year.
Expenditure estimates for the budgeted funds included in
the State budget shall include the costs to be incurred by the

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State for the budgeted year, to be paid in the next fiscal
year, excluding costs paid in the budgeted year which were
carried over from the prior year, where the payment is
authorized by Section 25 of the State Finance Act. For any
budgeted fund for which expenditures are expected to exceed
revenues in the current fiscal year, the deficit shall be
considered as a use of funds in the budgeted fiscal year.
Revenues and expenditures shall also include transfers
between funds that are based on revenues received or costs
incurred during the budget year.
Appropriations for expenditures shall also include all
anticipated statutory continuing appropriation obligations
that are expected to be incurred during the budgeted fiscal
year.
By March 15 of each year, the Commission on Government
Forecasting and Accountability shall prepare revenue and fund
transfer estimates in accordance with the requirements of this
Section and report those estimates to the General Assembly and
the Governor.
For all funds other than the budgeted funds, the proposed
expenditures shall not exceed funds estimated to be available
for the fiscal year as shown in the budget. Appropriation for a
fiscal year shall not exceed funds estimated by the General
Assembly to be available during that year.
(b) By February 24, 2010, the Governor must file a written
report with the Secretary of the Senate and the Clerk of the

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House of Representatives containing the following:
(1) for fiscal year 2010, the revenues for all budgeted
funds, both actual to date and estimated for the full
fiscal year;
(2) for fiscal year 2010, the expenditures for all
budgeted funds, both actual to date and estimated for the
full fiscal year;
(3) for fiscal year 2011, the estimated revenues for
all budgeted funds, including without limitation the
affordable General Revenue Fund appropriations, for the
full fiscal year; and
(4) for fiscal year 2011, an estimate of the
anticipated liabilities for all budgeted funds, including
without limitation the affordable General Revenue Fund
appropriations, debt service on bonds issued, and the
State's contributions to the pension systems, for the full
fiscal year.
Between July 1 and August 31 of each fiscal year, the
members of the General Assembly and members of the public may
make written budget recommendations to the Governor.
Beginning with budgets prepared for fiscal year 2013, the
budgets submitted by the Governor and appropriations made by
the General Assembly for all executive branch State agencies
must adhere to a method of budgeting where each priority must
be justified each year according to merit rather than according
to the amount appropriated for the preceding year.

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(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10;
96-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; 97-669, eff.
1-13-12; 97-813, eff. 7-13-12.)
Section 5-10. The Department of Professional Regulation
Law of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 as follows:
(20 ILCS 2105/2105-15)
Sec. 2105-15. General powers and duties.
(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
(1) To authorize examinations in English to ascertain
the qualifications and fitness of applicants to exercise
the profession, trade, or occupation for which the
examination is held.
(2) To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or
occupations.
(3) To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for

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the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or
department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations; provided,
that no school, college, or university, or department of a
university, or other institution that refuses admittance
to applicants solely on account of race, color, creed, sex,
or national origin shall be considered reputable and in
good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place
on probationary status, or take other disciplinary action
as authorized in any licensing Act administered by the
Department with regard to those licenses, certificates, or
authorities. The Department shall issue a monthly
disciplinary report. The Department shall deny any license
or renewal authorized by the Civil Administrative Code of

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Illinois to any person who has defaulted on an educational
loan or scholarship provided by or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State; however, the Department may issue a
license or renewal if the aforementioned persons have
established a satisfactory repayment record as determined
by the Illinois Student Assistance Commission or other
appropriate governmental agency of this State.
Additionally, beginning June 1, 1996, any license issued by
the Department may be suspended or revoked if the
Department, after the opportunity for a hearing under the
appropriate licensing Act, finds that the licensee has
failed to make satisfactory repayment to the Illinois
Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule.
The Department shall refuse to issue or renew a license to,
or shall suspend or revoke a license of, any person who,
after receiving notice, fails to comply with a subpoena or
warrant relating to a paternity or child support
proceeding. However, the Department may issue a license or
renewal upon compliance with the subpoena or warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
a person who is certified by the Department of Healthcare

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and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in
complying with a child support order or who is certified by
a court as being in violation of the Non-Support Punishment
Act for more than 60 days. The Department may, however,
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or if the person is
determined by the court to be in compliance with the
Non-Support Punishment Act. The Department may implement
this paragraph as added by Public Act 89-6 through the use
of emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands when
the transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(7) To formulate rules and regulations necessary for
the enforcement of any Act administered by the Department.
(8) To exchange with the Department of Healthcare and

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Family Services information that may be necessary for the
enforcement of child support orders entered pursuant to the
Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage
Act of 1984. Notwithstanding any provisions in this Code to
the contrary, the Department of Professional Regulation
shall not be liable under any federal or State law to any
person for any disclosure of information to the Department
of Healthcare and Family Services (formerly Illinois
Department of Public Aid) under this paragraph (8) or for
any other action taken in good faith to comply with the
requirements of this paragraph (8).
(9) To perform other duties prescribed by law.
(a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act, no person or entity whose license, certificate,
or authority has been revoked as authorized in any licensing
Act administered by the Department may apply for restoration of
that license, certification, or authority until 3 years after
the effective date of the revocation.

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(b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
(c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to

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maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
(e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
(f) Beginning July 1, 1995, this Section does not apply to
those professions, trades, and occupations licensed under the

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Real Estate License Act of 2000, nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act of 1989 or the
Illinois Real Estate Time-Share Act.
(g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facia evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,

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immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order by
certified and regular mail to the licensee's last known address
as registered with the Department. The notice shall advise the
licensee that the suspension shall be effective 60 days after
the issuance of the Department's order unless the Department
receives, from the licensee, a request for a hearing before the
Department to dispute the matters contained in the order.
Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
The Department shall promulgate rules for the
administration of this subsection (g).
(h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. The use of
the title "Retired" shall not constitute representation of
current licensure, registration, or certification. Any person
without an active license, registration, or certificate in a
profession that requires licensure, registration, or
certification shall not be permitted to practice that
profession.

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(i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate
rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided
by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(j) For Fiscal Year 2013 only and as soon as practicable
after the effective date of this amendatory Act of the 97th
General Assembly, the State Comptroller shall order and the
State Treasurer shall transfer from the Professional
Regulation Evidence Fund to the Illinois State Medical
Disciplinary Fund a specific amount that shall be determined by
the Secretary of the Department of Financial and Professional
Regulation. Added together with the other transfers authorized
under this amendatory Act of the 97th General Assembly, the
total amount of transfers made from the Professional Regulation
Evidence Fund and following funds shall not exceed $9,600,000:
Financial Institution Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.

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Credit Union Fund.
Pawnbroker Regulation Fund.
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.
Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.
(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
96-1000, eff. 7-2-10; 97-650, eff. 2-1-12.)
Section 5-15. The State Finance Act is amended by changing
Sections 6z-26, 6z-38, and 6z-81 and by adding Section 5i as
follows:
(30 ILCS 105/5i new)
Sec. 5i. Transfers. Each year, the Governor's Office of
Management and Budget shall, at the time set forth for the
submission of the State budget under Section 50-5 of the State
Budget Law, provide to the Chairman and the Minority
Spokesperson of each of the appropriations committees of the
House of Representatives and the Senate a report of (i) all
full fiscal year transfers from the General Revenue Fund to any

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other special fund of the State in the previous fiscal year and
during the current fiscal year to date, and (ii) all projected
full fiscal year transfers from the General Revenue Fund to
those funds for the remainder of the current fiscal year and
the next fiscal year, based on estimates prepared by the
Governor's Office of Management and Budget. The report shall
include a detailed summary of the estimates upon which the
projected transfers are based. The report shall also indicate,
for each transfer:
(1) whether or not there is statutory authority for the
transfer;
(2) if there is statutory authority for the transfer,
whether that statutory authority exists for the next fiscal
year; and
(3) whether there is debt service associated with the
transfer.
The General Assembly shall consider the report in the
appropriations process.
(30 ILCS 105/6z-26)
Sec. 6z-26. The Financial Institution Fund. All moneys
received by the Department of Financial and Professional
Regulation under the Safety Deposit License Act, the Foreign
Exchange License Act, the Pawners Societies Act, the Sale of
Exchange Act, the Currency Exchange Act, the Sales Finance
Agency Act, the Debt Management Service Act, the Consumer

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Installment Loan Act, the Illinois Development Credit
Corporation Act, the Title Insurance Act, the Debt Settlement
Consumer Protection Act, the Debt Management Service Consumer
Protection Fund, and any other Act administered by the
Department of Financial and Professional Regulation as the
successor of the Department of Financial Institutions now or in
the future (unless an Act specifically provides otherwise)
shall be deposited in the Financial Institution Fund
(hereinafter "Fund"), a special fund that is hereby created in
the State Treasury.
Moneys in the Fund shall be used by the Department, subject
to appropriation, for expenses incurred in administering the
above named and referenced Acts.
The Comptroller and the State Treasurer shall transfer from
the General Revenue Fund to the Fund any monies received by the
Department after June 30, 1993, under any of the above named
and referenced Acts that have been deposited in the General
Revenue Fund.
As soon as possible after the end of each calendar year,
the Comptroller shall compare the balance in the Fund at the
end of the calendar year with the amount appropriated from the
Fund for the fiscal year beginning on July 1 of that calendar
year. If the balance in the Fund exceeds the amount
appropriated, the Comptroller and the State Treasurer shall
transfer from the Fund to the General Revenue Fund an amount
equal to the difference between the balance in the Fund and the

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amount appropriated.
Nothing in this Section shall be construed to prohibit
appropriations from the General Revenue Fund for expenses
incurred in the administration of the above named and
referenced Acts.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund, as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
For Fiscal Year 2013 only and as soon as practicable after
the effective date of this amendatory Act of the 97th General
Assembly, the State Comptroller shall order and the State
Treasurer shall transfer from the Fund to the Illinois State
Medical Disciplinary Fund a specific amount that shall be
determined by the Secretary of the Department of Financial and
Professional Regulation. Added together with the other
transfers authorized under this amendatory Act of the 97th
General Assembly, the total amount of transfers made from the
Fund and following funds shall not exceed $9,600,000:
Professional Regulation Evidence Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.
Credit Union Fund.
Pawnbroker Regulation Fund.
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.

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Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.
(Source: P.A. 96-1420, eff. 8-3-10.)
(30 ILCS 105/6z-38)
Sec. 6z-38. General Professions Dedicated Fund. The
General Professions Dedicated Fund is created in the State
treasury. Moneys in the Fund shall be invested and earnings on
the investments shall be retained in the Fund. Moneys in the
Fund shall be appropriated to the Department of Professional
Regulation for the ordinary and contingent expenses of the
Department, except for moneys transferred under Section 19 of
the Sex Offender Management Board Act which shall be
appropriated for the purpose of implementing the provisions of
the Sex Offender Evaluation and Treatment Provider Act. Moneys
in the Fund may be transferred to the Professions Indirect Cost
Fund as authorized by Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
For Fiscal Year 2013 only and as soon as practicable after
the effective date of this amendatory Act of the 97th General
Assembly, the State Comptroller shall order and the State

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Treasurer shall transfer from the Fund to the Illinois State
Medical Disciplinary Fund a specific amount that shall be
determined by the Secretary of the Department of Financial and
Professional Regulation. Added together with the other
transfers authorized under this amendatory Act of the 97th
General Assembly, the total amount of transfers made from the
Fund and following funds shall not exceed $9,600,000:
Professional Regulation Evidence Fund.
Financial Institution Fund.
Savings and Residential Finance Regulatory Fund.
Credit Union Fund.
Pawnbroker Regulation Fund.
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.
Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.
(Source: P.A. 97-1098, eff. 1-1-13.)
(30 ILCS 105/6z-81)
Sec. 6z-81. Healthcare Provider Relief Fund.
(a) There is created in the State treasury a special fund

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to be known as the Healthcare Provider Relief Fund.
(b) The Fund is created for the purpose of receiving and
disbursing moneys in accordance with this Section.
Disbursements from the Fund shall be made only as follows:
(1) Subject to appropriation, for payment by the
Department of Healthcare and Family Services or by the
Department of Human Services of medical bills and related
expenses, including administrative expenses, for which the
State is responsible under Titles XIX and XXI of the Social
Security Act, the Illinois Public Aid Code, the Children's
Health Insurance Program Act, the Covering ALL KIDS Health
Insurance Act, and the Long Term Acute Care Hospital
Quality Improvement Transfer Program Act.
(2) For repayment of funds borrowed from other State
funds or from outside sources, including interest thereon.
(c) The Fund shall consist of the following:
(1) Moneys received by the State from short-term
borrowing pursuant to the Short Term Borrowing Act on or
after the effective date of this amendatory Act of the 96th
General Assembly.
(2) All federal matching funds received by the Illinois
Department of Healthcare and Family Services as a result of
expenditures made by the Department that are attributable
to moneys deposited in the Fund.
(3) All federal matching funds received by the Illinois
Department of Healthcare and Family Services as a result of

09700HB2891sam005 - 25 - LRB097 08743 HLH 73041 a
federal approval of Title XIX State plan amendment
transmittal number 07-09.
(4) All other moneys received for the Fund from any
other source, including interest earned thereon.
(d) In addition to any other transfers that may be provided
for by law, on the effective date of this amendatory Act of the
97th General Assembly, or as soon thereafter as practical, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $365,000,000 from the General Revenue Fund
into the Healthcare Provider Relief Fund.
(e) In addition to any other transfers that may be provided
for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $160,000,000 from the
General Revenue Fund to the Healthcare Provider Relief Fund.
(f) Notwithstanding any other State law to the contrary,
and in addition to any other transfers that may be provided for
by law, the State Comptroller shall order transferred and the
State Treasurer shall transfer $500,000,000 to the Healthcare
Provider Relief Fund from the General Revenue Fund in equal
monthly installments of $100,000,000, with the first transfer
to be made on July 1, 2012, or as soon thereafter as practical,
and with each of the remaining transfers to be made on August
1, 2012, September 1, 2012, October 1, 2012, and November 1,
2012, or as soon thereafter as practical. This transfer may
assist the Department of Healthcare and Family Services in

09700HB2891sam005 - 26 - LRB097 08743 HLH 73041 a
improving Medical Assistance bill processing timeframes or in
meeting the possible requirements of Senate Bill 3397, or other
similar legislation, of the 97th General Assembly should it
become law.
(g) Notwithstanding any other State law to the contrary,
and in addition to any other transfers that may be provided for
by law, the State Comptroller shall order transferred and the
State Treasurer shall transfer $151,000,000 to the Healthcare
Provider Relief Fund from the General Revenue Fund in equal
monthly installments of $37,750,000, with the first transfer to
be made 30 days after the effective date of this amendatory Act
of the 97th General Assembly, or as soon thereafter as
practical, and with each of the remaining transfers to be made
60, 90, and 120 days after the effective date of this
amendatory Act of the 97th General Assembly, or as soon
thereafter as practical.
(Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11;
97-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff.
6-14-12; 97-732, eff. 6-30-12; revised 7-10-12.)
Section 5-20. The Illinois Savings and Loan Act of 1985 is
amended by changing Section 7-19.1 as follows:
(205 ILCS 105/7-19.1) (from Ch. 17, par. 3307-19.1)
Sec. 7-19.1. Savings and Residential Finance Regulatory
Fund.

09700HB2891sam005 - 27 - LRB097 08743 HLH 73041 a
(a) Until the effective date of this amendatory Act of the
97th General Assembly, the aggregate of all moneys collected by
the Secretary under this Act shall be paid promptly after
receipt of the same, accompanied by a detailed statement
thereof, into the State treasury and shall be set apart in the
Savings and Residential Finance Regulatory Fund, a special fund
hereby created in the State treasury. The amounts deposited
into the Fund shall be used for the ordinary and contingent
expenses of the Department of Financial and Professional
Regulation and the Division of Banking, or their successors, in
administering and enforcing the Illinois Savings and Loan Act
of 1985, the Savings Bank Act, and the Residential Mortgage
License Act of 1987 and other laws, rules, and regulations as
may apply to the administration and enforcement of the
foregoing laws, rules, and regulations as amended from time to
time. Nothing in this Act shall prevent continuing the practice
of paying expenses involving salaries, retirement, social
security, and State-paid insurance of State officers by
appropriation from the General Revenue Fund.
(b) (Blank).
(b-5) Moneys in the Savings and Residential Finance
Regulatory Fund may be transferred to the Professions Indirect
Cost Fund, as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(b-10) Notwithstanding provisions in the State Finance

09700HB2891sam005 - 28 - LRB097 08743 HLH 73041 a
Act, as now or hereafter amended, or any other law to the
contrary, the sum of $27,481,638 shall be transferred from the
Savings and Residential Finance Regulatory Fund to the
Financial Institutions Settlement of 2008 Fund on the effective
date of this amendatory Act of the 95th General Assembly, or as
soon thereafter as practical.
Notwithstanding provisions in the State Finance Act, as now
or hereafter amended, or any other law to the contrary, the
Governor may, during any fiscal year through January 10, 2011,
from time to time direct the State Treasurer and Comptroller to
transfer a specified sum not exceeding 10% of the revenues to
be deposited into the Savings and Residential Finance
Regulatory Fund during that fiscal year from that Fund to the
General Revenue Fund in order to help defray the State's
operating costs for the fiscal year. Notwithstanding
provisions in the State Finance Act, as now or hereafter
amended, or any other law to the contrary, the total sum
transferred during any fiscal year through January 10, 2011,
from the Savings and Residential Finance Regulatory Fund to the
General Revenue Fund pursuant to this provision shall not
exceed during any fiscal year 10% of the revenues to be
deposited into the Savings and Residential Finance Regulatory
Fund during that fiscal year. The State Treasurer and
Comptroller shall transfer the amounts designated under this
Section as soon as may be practicable after receiving the
direction to transfer from the Governor.

09700HB2891sam005 - 29 - LRB097 08743 HLH 73041 a
(c) All earnings received from investments of funds in the
Savings and Residential Finance Regulatory Fund shall be
deposited into the Savings and Residential Finance Regulatory
Fund and may be used for the same purposes as fees deposited
into that Fund.
(d) When the balance in the Savings and Residential Finance
Regulatory Fund at the end of a fiscal year apportioned to the
fees collected under the Illinois Savings and Loan Act of 1985
and the Savings Bank Act exceeds 25% of the total actual
administrative and operational expenses incurred by the State
for that fiscal year in administering and enforcing the
Illinois Savings and Loan Act of 1985 and the Savings Bank Act
and such other laws, rules, and regulations as may apply to the
administration and enforcement of the foregoing laws, rules,
and regulations, the excess shall be credited to the
appropriate institutions and entities and applied against
their regulatory fees for the subsequent fiscal year. The
amount credited to each institution or entity shall be in the
same proportion that the regulatory fees paid by the
institution or entity for the fiscal year in which the excess
is produced bear to the aggregate amount of all fees collected
by the Secretary under the Illinois Savings and Loan Act of
1985 and the Savings Bank Act for the same fiscal year. For the
purpose of this Section, "fiscal year" means the period
beginning July 1 of any year and ending June 30 of the next
calendar year.

09700HB2891sam005 - 30 - LRB097 08743 HLH 73041 a
(e) For Fiscal Year 2013 only and as soon as practicable
after the effective date of this amendatory Act of the 97th
General Assembly, the State Comptroller shall order and the
State Treasurer shall transfer from the Savings and Residential
Finance Regulatory Fund to the Illinois State Medical
Disciplinary Fund a specific amount that shall be determined by
the Secretary of the Department of Financial and Professional
Regulation. Added together with the other transfers authorized
under this amendatory Act of the 97th General Assembly, the
total amount of transfers made from the Savings and Residential
Finance Regulatory Fund and following funds shall not exceed
$9,600,000:
Professional Regulation Evidence Fund.
Financial Institution Fund.
General Professions Dedicated Fund.
Credit Union Fund.
Pawnbroker Regulation Fund.
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.
Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.

09700HB2891sam005 - 31 - LRB097 08743 HLH 73041 a
(Source: P.A. 97-492, eff. 1-1-12.)
Section 5-25. The Illinois Credit Union Act is amended by
changing Section 12 as follows:
(205 ILCS 305/12) (from Ch. 17, par. 4413)
Sec. 12. Regulatory fees.
(1) For the fiscal year beginning July 1, 2007, a credit
union regulated by the Department shall pay a regulatory fee to
the Department based upon its total assets as shown by its
Year-end Call Report at the following rates or at a lesser rate
established by the Secretary in a manner proportionately
consistent with the following rates and sufficient to fund the
actual administrative and operational expenses of the
Department's Credit Union Section pursuant to subsection (4) of
this Section:
TOTAL ASSETS REGULATORY FEE
$25,000 or less ................ $100
Over $25,000 and not over
$100,000 ....................... $100 plus $4 per
$1,000 of assets in excess of
$25,000
Over $100,000 and not over
$200,000 ....................... $400 plus $3 per
$1,000 of assets in excess of
$100,000

09700HB2891sam005 - 32 - LRB097 08743 HLH 73041 a
Over $200,000 and not over
$500,000 ....................... $700 plus $2 per
$1,000 of assets in excess of
$200,000
Over $500,000 and not over
$1,000,000 ..................... $1,300 plus $1.40
per $1,000 of assets in excess
of $500,000
Over $1,000,000 and not
over $5,000,000................. $2,000 plus $0.50
per $1,000 of assets in
excess of $1,000,000
Over $5,000,000 and not
over $30,000,000 ............... $4,540 plus $0.397
per $1,000 assets
in excess of $5,000,000
Over $30,000,000 and not over
$100,000,000.................... $14,471 plus $0.34
per $1,000 of assets
in excess of $30,000,000
Over $100,000,000 and not
over $500,000,000 .............. $38,306 plus $0.17
per $1,000 of assets
in excess of $100,000,000
Over $500,000,000 .............. $106,406 plus $0.056
per $1,000 of assets

09700HB2891sam005 - 33 - LRB097 08743 HLH 73041 a
in excess of $500,000,000
(2) The Secretary shall review the regulatory fee schedule
in subsection (1) and the projected earnings on those fees on
an annual basis and adjust the fee schedule no more than 5%
annually if necessary to defray the estimated administrative
and operational expenses of the Credit Union Section of the
Department as defined in subsection (5). However, the fee
schedule shall not be increased if the amount remaining in the
Credit Union Fund at the end of any fiscal year is greater than
25% of the total actual and operational expenses incurred by
the State in administering and enforcing the Illinois Credit
Union Act and other laws, rules, and regulations as may apply
to the administration and enforcement of the foregoing laws,
rules, and regulations as amended from time to time for the
preceding fiscal year. The regulatory fee for the next fiscal
year shall be calculated by the Secretary based on the credit
union's total assets as of December 31 of the preceding
calendar year. The Secretary shall provide credit unions with
written notice of any adjustment made in the regulatory fee
schedule.
(3) A credit union shall pay to the Department a regulatory
fee in quarterly installments equal to one-fourth of the
regulatory fee due in accordance with the regulatory fee
schedule in subsection (1), on the basis of assets as of the
Year-end Call Report of the preceding calendar year. The total
annual regulatory fee shall not be less than $100 or more than

09700HB2891sam005 - 34 - LRB097 08743 HLH 73041 a
$141,875, provided that the regulatory fee cap of $141,875
shall be adjusted to incorporate the same percentage increase
as the Secretary makes in the regulatory fee schedule from time
to time under subsection (2). No regulatory fee shall be
collected from a credit union until it has been in operation
for one year. The regulatory fee shall be billed to credit
unions on a quarterly basis and it shall be payable by credit
unions on the due date for the Call Report for the subject
quarter.
(4) The aggregate of all fees collected by the Department
under this Act shall be paid promptly after they are received,
accompanied by a detailed statement thereof, into the State
Treasury and shall be set apart in the Credit Union Fund, a
special fund hereby created in the State treasury. The amount
from time to time deposited in the Credit Union Fund and shall
be used to offset the ordinary administrative and operational
expenses of the Credit Union Section of the Department under
this Act. All earnings received from investments of funds in
the Credit Union Fund shall be deposited into the Credit Union
Fund and may be used for the same purposes as fees deposited
into that fund. Moneys deposited in the Credit Union Fund may
be transferred to the Professions Indirect Cost Fund, as
authorized under Section 2105-300 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
Notwithstanding provisions in the State Finance Act, as now

09700HB2891sam005 - 35 - LRB097 08743 HLH 73041 a
or hereafter amended, or any other law to the contrary, the
Governor may, during any fiscal year through January 10, 2011,
from time to time direct the State Treasurer and Comptroller to
transfer a specified sum not exceeding 10% of the revenues to
be deposited into the Credit Union Fund during that fiscal year
from that Fund to the General Revenue Fund in order to help
defray the State's operating costs for the fiscal year.
Notwithstanding provisions in the State Finance Act, as now or
hereafter amended, or any other law to the contrary, the total
sum transferred from the Credit Union Fund to the General
Revenue Fund pursuant to this provision shall not exceed during
any fiscal year 10% of the revenues to be deposited into the
Credit Union Fund during that fiscal year. The State Treasurer
and Comptroller shall transfer the amounts designated under
this Section as soon as may be practicable after receiving the
direction to transfer from the Governor.
(4.5) For Fiscal Year 2013 only and as soon as practicable
after the effective date of this amendatory Act of the 97th
General Assembly, the State Comptroller shall order and the
State Treasurer shall transfer from the Credit Union Fund to
the Illinois State Medical Disciplinary Fund a specific amount
that shall be determined by the Secretary of the Department of
Financial and Professional Regulation. Added together with the
other transfers authorized under this amendatory Act of the
97th General Assembly, the total amount of transfers made from
the Credit Union Fund and following funds shall not exceed

09700HB2891sam005 - 36 - LRB097 08743 HLH 73041 a
$9,600,000:
Professional Regulation Evidence Fund.
Financial Institution Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.
Pawnbroker Regulation Fund.
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.
Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.
(5) The administrative and operational expenses for any
fiscal year shall mean the ordinary and contingent expenses for
that year incidental to making the examinations provided for
by, and for administering, this Act, including all salaries and
other compensation paid for personal services rendered for the
State by officers or employees of the State to enforce this
Act; all expenditures for telephone and telegraph charges,
postage and postal charges, office supplies and services,
furniture and equipment, office space and maintenance thereof,
travel expenses and other necessary expenses; all to the extent
that such expenditures are directly incidental to such

09700HB2891sam005 - 37 - LRB097 08743 HLH 73041 a
examination or administration.
(6) When the balance in the Credit Union Fund at the end of
a fiscal year exceeds 25% of the total administrative and
operational expenses incurred by the State in administering and
enforcing the Illinois Credit Union Act and other laws, rules,
and regulations as may apply to the administration and
enforcement of the foregoing laws, rules, and regulations as
amended from time to time for that fiscal year, such excess
shall be credited to credit unions and applied against their
regulatory fees for the subsequent fiscal year. The amount
credited to each credit union shall be in the same proportion
as the regulatory fee paid by such credit union for the fiscal
year in which the excess is produced bears to the aggregate
amount of all fees collected by the Department under this Act
for the same fiscal year.
(7) (Blank).
(8) Nothing in this Act shall prohibit the General Assembly
from appropriating funds to the Department from the General
Revenue Fund for the purpose of administering this Act.
(9) For purposes of this Section, "fiscal year" means a
period beginning on July 1 of any calendar year and ending on
June 30 of the next calendar year.
(Source: P.A. 97-133, eff. 1-1-12.)
Section 5-30. The Pawnbroker Regulation Act is amended by
changing Section 0.05 as follows:

09700HB2891sam005 - 38 - LRB097 08743 HLH 73041 a
(205 ILCS 510/0.05)
Sec. 0.05. Administration of Act.
(a) This Act shall be administered by the Secretary of
Financial and Professional Regulation, and, beginning on July
28, 2010 (the effective date of Public Act 96-1365), all
references in this Act to the Commissioner of Banks and Real
Estate are deemed, in appropriate contexts, to be references to
the Secretary of Financial and Professional Regulation, who
shall have all of the following powers and duties in
administering this Act:
(1) To promulgate reasonable rules for the purpose of
administering the provisions of this Act.
(2) To issue orders for the purpose of administering
the provisions of this Act and any rule promulgated in
accordance with this Act.
(2.5) To order restitution to consumers suffering
damages resulting from violations of this Act, rules
promulgated in accordance with this Act, or other laws or
regulations related to the operation of a pawnshop.
(3) To appoint hearing officers and to hire employees
or to contract with appropriate persons to execute any of
the powers granted to the Secretary under this Section for
the purpose of administering this Act and any rule
promulgated in accordance with this Act.
(4) To subpoena witnesses, to compel their attendance,

09700HB2891sam005 - 39 - LRB097 08743 HLH 73041 a
to administer an oath, to examine any person under oath,
and to require the production of any relevant books,
papers, accounts, and documents in the course of and
pursuant to any investigation being conducted, or any
action being taken, by the Secretary in respect of any
matter relating to the duties imposed upon, or the powers
vested in, the Secretary under the provisions of this Act
or any rule promulgated in accordance with this Act.
(5) To conduct hearings.
(6) To impose civil penalties graduated up to $1,000
against any person for each violation of any provision of
this Act, any rule promulgated in accordance with this Act,
or any order of the Secretary based upon the seriousness of
the violation.
(6.5) To initiate, through the Attorney General,
injunction proceedings whenever it appears to the
Secretary that any person, whether licensed under this Act
or not, is engaged or about to engage in an act or practice
that constitutes or will constitute a violation of this Act
or any rule prescribed under the authority of this Act. The
Secretary may, in his or her discretion, through the
Attorney General, apply for an injunction, and upon a
proper showing, any circuit court may enter a permanent or
preliminary injunction or a temporary restraining order
without bond to enforce this Act in addition to the
penalties and other remedies provided for in this Act.

09700HB2891sam005 - 40 - LRB097 08743 HLH 73041 a
(7) To issue a cease and desist order and, for
violations of this Act, any order issued by the Secretary
pursuant to this Act, any rule promulgated in accordance
with this Act, or any other applicable law in connection
with the operation of a pawnshop, to suspend a license
issued under this Act for up to 30 days.
(8) To determine compliance with applicable law and
rules related to the operation of pawnshops and to verify
the accuracy of reports filed with the Secretary, the
Secretary, not more than one time every 2 years, may, but
is not required to, conduct a routine examination of a
pawnshop, and in addition, the Secretary may examine the
affairs of any pawnshop at any time if the Secretary has
reasonable cause to believe that unlawful or fraudulent
activity is occurring, or has occurred, therein.
(9) In response to a complaint, to address any
inquiries to any pawnshop in relation to its affairs, and
it shall be the duty of the pawnshop to promptly reply in
writing to such inquiries. The Secretary may also require
reports or information from any pawnshop at any time the
Secretary may deem desirable.
(10) To revoke a license issued under this Act if the
Secretary determines that (a) a licensee has been convicted
of a felony in connection with the operations of a
pawnshop; (b) a licensee knowingly, recklessly, or
continuously violated this Act or State or federal law or

09700HB2891sam005 - 41 - LRB097 08743 HLH 73041 a
regulation, a rule promulgated in accordance with this Act,
or any order of the Secretary; (c) a fact or condition
exists that, if it had existed or had been known at the
time of the original application, would have justified
license refusal; (d) the licensee knowingly submits
materially false or misleading documents with the intent to
deceive the Secretary or any other party; or (e) the
licensee is unable or ceases to continue to operate the
pawnshop.
(10.2) To remove or prohibit the employment of any
officer, director, employee, or agent of the pawnshop who
engages in or has engaged in unlawful activities that
relate to the operation of a pawnshop.
(10.7) To prohibit the hiring of employees who have
been convicted of a financial crime or any crime involving
breach of trust who do not meet exceptions as established
by rule of the Secretary.
(11) Following license revocation, to take possession
and control of a pawnshop for the purpose of examination,
reorganization, or liquidation through receivership and to
appoint a receiver, which may be the Secretary, a pawnshop,
or another suitable person.
(b) After consultation with local law enforcement
officers, the Attorney General, and the industry, the Secretary
may by rule require that pawnbrokers operate video camera
surveillance systems to record photographic representations of

09700HB2891sam005 - 42 - LRB097 08743 HLH 73041 a
customers and retain the tapes produced for up to 30 days.
(c) Pursuant to rule, the Secretary shall issue licenses on
an annual or multi-year basis for operating a pawnshop. Any
person currently operating or who has operated a pawnshop in
this State during the 2 years preceding the effective date of
this amendatory Act of 1997 shall be issued a license upon
payment of the fee required under this Act. New applicants
shall meet standards for a license as established by the
Secretary. Except with the prior written consent of the
Secretary, no individual, either a new applicant or a person
currently operating a pawnshop, may be issued a license to
operate a pawnshop if the individual has been convicted of a
felony or of any criminal offense relating to dishonesty or
breach of trust in connection with the operations of a
pawnshop. The Secretary shall establish license fees. The fees
shall not exceed the amount reasonably required for
administration of this Act. It shall be unlawful to operate a
pawnshop without a license issued by the Secretary.
(d) In addition to license fees, the Secretary may, by
rule, establish fees in connection with a review, approval, or
provision of a service, and levy a reasonable charge to recover
the cost of the review, approval, or service (such as a change
in control, change in location, or renewal of a license). The
Secretary may also levy a reasonable charge to recover the cost
of an examination if the Secretary determines that unlawful or
fraudulent activity has occurred. The Secretary may require

09700HB2891sam005 - 43 - LRB097 08743 HLH 73041 a
payment of the fees and charges provided in this Act by
certified check, money order, an electronic transfer of funds,
or an automatic debit of an account.
(e) The Pawnbroker Regulation Fund is established as a
special fund in the State treasury. Moneys collected under this
Act shall be deposited into the Fund and used for the
administration of this Act. In the event that General Revenue
Funds are appropriated to the Department of Financial and
Professional Regulation for the initial implementation of this
Act, the Governor may direct the repayment from the Pawnbroker
Regulation Fund to the General Revenue Fund of such advance in
an amount not to exceed $30,000. The Governor may direct this
interfund transfer at such time as he deems appropriate by
giving appropriate written notice. Moneys in the Pawnbroker
Regulation Fund may be transferred to the Professions Indirect
Cost Fund, as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(e-5) For Fiscal Year 2013 only and as soon as practicable
after the effective date of this amendatory Act of the 97th
General Assembly, the State Comptroller shall order and the
State Treasurer shall transfer from the Pawnbroker Regulation
Fund to the Illinois State Medical Disciplinary Fund a specific
amount that shall be determined by the Secretary of the
Department of Financial and Professional Regulation. Added
together with the other transfers authorized under this

09700HB2891sam005 - 44 - LRB097 08743 HLH 73041 a
amendatory Act of the 97th General Assembly, the total amount
of transfers made from the Pawnbroker Regulation Fund and
following funds shall not exceed $9,600,000:
Professional Regulation Evidence Fund.
Financial Institution Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.
Credit Union Fund.
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.
Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.
(f) The Secretary may, by rule, require all pawnshops to
provide for the expenses that would arise from the
administration of the receivership of a pawnshop under this Act
through the assessment of fees, the requirement to pledge
surety bonds, or such other methods as determined by the
Secretary.
(g) All final administrative decisions of the Secretary
under this Act shall be subject to judicial review pursuant to
the provisions of the Administrative Review Law. For matters

09700HB2891sam005 - 45 - LRB097 08743 HLH 73041 a
involving administrative review, venue shall be in either
Sangamon County or Cook County.
(Source: P.A. 96-1038, eff. 7-14-10; 96-1365, eff. 7-28-10;
97-333, eff. 8-12-11.)
Section 5-35. The Check Printer and Check Number Act is
amended by changing Section 21 as follows:
(205 ILCS 690/21)
Sec. 21. Fees. All moneys received by the Commissioner
under this Act shall be paid into, and all expenses incurred by
the Commissioner under this Act shall be paid from, the Bank
and Trust Company Fund. The Commissioner may prescribe and
assess reasonable fees to be paid by registrants to recover the
costs of administering this Act.
For Fiscal Year 2013 only and as soon as practicable after
the effective date of this amendatory Act of the 97th General
Assembly, the State Comptroller shall order and the State
Treasurer shall transfer from the Bank and Trust Company Fund
to the Illinois State Medical Disciplinary Fund a specific
amount that shall be determined by the Secretary of the
Department of Financial and Professional Regulation. Added
together with the other transfers authorized under this
amendatory Act of the 97th General Assembly, the total amount
of transfers made from the Bank and Trust Company Fund and
following funds shall not exceed $9,600,000:

09700HB2891sam005 - 46 - LRB097 08743 HLH 73041 a
Professional Regulation Evidence Fund.
Financial Institution Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.
Credit Union Fund.
Pawnbroker Regulation Fund.
Nursing Dedicated and Professional Fund.
Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.
(Source: P.A. 90-184, eff. 7-23-97.)
Section 5-40. The Nurse Practice Act is amended by changing
Section 70-50 as follows:
(225 ILCS 65/70-50) (was 225 ILCS 65/20-40)
(Section scheduled to be repealed on January 1, 2018)
Sec. 70-50. Fund.
(a) There is hereby created within the State Treasury the
Nursing Dedicated and Professional Fund. The monies in the Fund
may be used by and at the direction of the Department for the
administration and enforcement of this Act, including but not

09700HB2891sam005 - 47 - LRB097 08743 HLH 73041 a
limited to:
(1) Distribution and publication of this Act and rules.
(2) Employment of secretarial, nursing,
administrative, enforcement, and other staff for the
administration of this Act.
(b) Disposition of fees:
(1) $5 of every licensure fee shall be placed in a fund
for assistance to nurses enrolled in a diversionary program
as approved by the Department.
(2) All of the fees, fines, and penalties collected
pursuant to this Act shall be deposited in the Nursing
Dedicated and Professional Fund.
(3) Each fiscal year, the moneys deposited in the
Nursing Dedicated and Professional Fund shall be
appropriated to the Department for expenses of the
Department and the Board in the administration of this Act.
All earnings received from investment of moneys in the
Nursing Dedicated and Professional Fund shall be deposited
in the Nursing Dedicated and Professional Fund and shall be
used for the same purposes as fees deposited in the Fund.
(4) For the fiscal year beginning July 1, 2009 and for
each fiscal year thereafter, $2,000,000 of the moneys
deposited in the Nursing Dedicated and Professional Fund
each year shall be set aside and appropriated to the
Department of Public Health for nursing scholarships
awarded pursuant to the Nursing Education Scholarship Law.

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Representatives of the Department and the Nursing
Education Scholarship Program Advisory Council shall
review this requirement and the scholarship awards every 2
years.
(5) Moneys in the Fund may be transferred to the
Professions Indirect Cost Fund as authorized under Section
2105-300 of the Department of Professional Regulation Law
(20 ILCS 2105/2105-300).
(c) Moneys set aside for nursing scholarships awarded
pursuant to the Nursing Education Scholarship Law as provided
in item (4) of subsection (b) of this Section may not be
transferred under Section 8h of the State Finance Act.
(d) For Fiscal Year 2013 only and as soon as practicable
after the effective date of this amendatory Act of the 97th
General Assembly, the State Comptroller shall order and the
State Treasurer shall transfer from the Fund to the Illinois
State Medical Disciplinary Fund a specific amount that shall be
determined by the Secretary of the Department of Financial and
Professional Regulation. Added together with the other
transfers authorized under this amendatory Act of the 97th
General Assembly, the total amount of transfers made from the
Fund and following funds shall not exceed $9,600,000:
Professional Regulation Evidence Fund.
Financial Institution Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.

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Credit Union Fund.
Pawnbroker Regulation Fund.
Bank and Trust Company Fund.
Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
96-328, eff. 8-11-09; 96-805, eff. 10-30-09.)
Section 5-45. The Illinois Optometric Practice Act of 1987
is amended by changing Section 20 as follows:
(225 ILCS 80/20) (from Ch. 111, par. 3920)
(Section scheduled to be repealed on January 1, 2017)
Sec. 20. Fund. All moneys received by the Department
pursuant to this Act shall be deposited in the Optometric
Licensing and Disciplinary Board Fund, which is hereby created
as a special fund in the State Treasury, and shall be used for
the administration of this Act, including: (a) by the Board in
the exercise of its powers and performance of its duties, as
such use is made by the Department with full consideration of
all recommendations of the Board; (b) for costs directly

09700HB2891sam005 - 50 - LRB097 08743 HLH 73041 a
related to license renewal of persons licensed under this Act;
and (c) for direct and allocable indirect costs related to the
public purposes of the Department of Financial and Professional
Regulation. Subject to appropriation, moneys in the Optometric
Licensing and Disciplinary Board Fund may be used for the
Optometric Education Scholarship Program administered by the
Illinois Student Assistance Commission pursuant to Section
65.70 of the Higher Education Student Assistance Act.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of the
Department of Professional Regulation Law (20 ILCS
2105/2105-300).
Money in the Optometric Licensing and Disciplinary Board
Fund may be invested and reinvested, with all earnings received
from such investment to be deposited in the Optometric
Licensing and Disciplinary Board Fund and used for the same
purposes as fees deposited in such fund.
For Fiscal Year 2013 only and as soon as practicable after
the effective date of this amendatory Act of the 97th General
Assembly, the State Comptroller shall order and the State
Treasurer shall transfer from the Optometric Licensing and
Disciplinary Board Fund to the Illinois State Medical
Disciplinary Fund a specific amount that shall be determined by
the Secretary of the Department of Financial and Professional
Regulation. Added together with the other transfers authorized
under this amendatory Act of the 97th General Assembly, the

09700HB2891sam005 - 51 - LRB097 08743 HLH 73041 a
total amount of transfers made from the Optometric Licensing
and Disciplinary Board Fund and following funds shall not
exceed $9,600,000:
Professional Regulation Evidence Fund.
Financial Institution Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.
Credit Union Fund.
Pawnbroker Regulation Fund.
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.
(Source: P.A. 94-787, eff. 5-19-06.)
Section 5-50. The Podiatric Medical Practice Act of 1987 is
amended by changing Section 19 as follows:
(225 ILCS 100/19) (from Ch. 111, par. 4819)
(Section scheduled to be repealed on January 1, 2018)
Sec. 19. Disciplinary Fund. All fees and fines received by
the Department under this Act shall be deposited in the

09700HB2891sam005 - 52 - LRB097 08743 HLH 73041 a
Illinois State Podiatric Disciplinary Fund, a special fund
created hereunder in the State Treasury. Of the moneys
deposited into the Illinois State Podiatric Disciplinary Fund,
during each 2-year renewal period, $200,000 of the money
received from the payment of renewal fees shall be used for
podiatric scholarships and residency programs under the
Podiatric Scholarship and Residency Act and the remainder shall
be appropriated to the Department for expenses of the
Department and of the Podiatric Medical Licensing Board and for
podiatric scholarships and residency programs under the
Podiatric Scholarship and Residency Act.
Moneys in the Illinois State Podiatric Disciplinary Fund
may be invested and reinvested in investments authorized for
the investment of funds of the State Employees' Retirement
System of Illinois.
All earnings received from such investments shall be
deposited in the Illinois State Podiatric Disciplinary Fund and
may be used for the same purposes as fees deposited in such
fund.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of the
Department of Professional Regulation Law (20 ILCS
2105/2105-300).
Moneys set aside for podiatric scholarships and residency
programs under the Podiatric Scholarship and Residency Act, as
provided for in this Section, may not be transferred under

09700HB2891sam005 - 53 - LRB097 08743 HLH 73041 a
Section 8h of the State Finance Act.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act which includes an
audit of the Illinois State Podiatric Disciplinary Fund, the
Department shall make the audit open to inspection by any
interested person.
For Fiscal Year 2013 only and as soon as practicable after
the effective date of this amendatory Act of the 97th General
Assembly, the State Comptroller shall order and the State
Treasurer shall transfer from the Illinois State Podiatric
Disciplinary Fund to the Illinois State Medical Disciplinary
Fund a specific amount that shall be determined by the
Secretary of the Department of Financial and Professional
Regulation. Added together with the other transfers authorized
under this amendatory Act of the 97th General Assembly, the
total amount of transfers made from the Illinois State
Podiatric Disciplinary Fund and following funds shall not
exceed $9,600,000:
Professional Regulation Evidence Fund.
Financial Institution Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.
Credit Union Fund.
Pawnbroker Regulation Fund.
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.

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Optometric Licensing and Disciplinary Board Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.
(Source: P.A. 94-726, eff. 1-20-06.)
Section 5-55. The Wholesale Drug Distribution Licensing
Act is amended by changing Section 35 as follows:
(225 ILCS 120/35) (from Ch. 111, par. 8301-35)
(Section scheduled to be repealed on January 1, 2023)
Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund.
(a) The Department shall provide by rule for a schedule of
fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
(b) All fees collected under this Act shall be deposited
into the Illinois State Pharmacy Disciplinary Fund and shall be
appropriated to the Department for the ordinary and contingent
expenses of the Department in the administration of this Act.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized by Section 2105-300 of the
Department of Professional Regulation Law (20 ILCS
2105/2105-300).

09700HB2891sam005 - 55 - LRB097 08743 HLH 73041 a
The moneys deposited into the Illinois State Pharmacy
Disciplinary Fund shall be invested to earn interest which
shall accrue to the Fund.
The Department shall present to the Board for its review
and comment all appropriation requests from the Illinois State
Pharmacy Disciplinary Fund. The Department shall give due
consideration to any comments of the Board in making
appropriation requests.
(b-5) For Fiscal Year 2013 only and as soon as practicable
after the effective date of this amendatory Act of the 97th
General Assembly, the State Comptroller shall order and the
State Treasurer shall transfer from the Illinois State Pharmacy
Disciplinary Fund to the Illinois State Medical Disciplinary
Fund a specific amount that shall be determined by the
Secretary of the Department of Financial and Professional
Regulation. Added together with the other transfers authorized
under this amendatory Act of the 97th General Assembly, the
total amount of transfers made from the Illinois State Pharmacy
Disciplinary Fund and following funds shall not exceed
$9,600,000:
Professional Regulation Evidence Fund.
Financial Institution Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.
Credit Union Fund.
Pawnbroker Regulation Fund.

09700HB2891sam005 - 56 - LRB097 08743 HLH 73041 a
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.
Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.
(c) Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this Act
for unlicensed practice or practice on a nonrenewed license.
The Department shall notify the person that payment of fees and
fines shall be paid to the Department by certified check or
money order within 30 calendar days of the notification. If,
after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or certificate or deny the application, without
hearing. If, after termination or denial, the person seeks a
license or certificate, he or she shall apply to the Department
for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department

09700HB2891sam005 - 57 - LRB097 08743 HLH 73041 a
may establish a fee for the processing of an application for
restoration of a license or certificate to pay all expenses of
processing this application. The Director may waive the fines
due under this Section in individual cases where the Director
finds that the fines would be unreasonable or unnecessarily
burdensome.
(d) The Department shall maintain a roster of the names and
addresses of all registrants and of all persons whose licenses
have been suspended or revoked. This roster shall be available
upon written request and payment of the required fee.
(e) A manufacturer of controlled substances or wholesale
distributor of controlled substances that is licensed under
this Act and owned and operated by the State is exempt from
licensure, registration, renewal, and other fees required
under this Act. Nothing in this subsection (e) shall be
construed to prohibit the Department from imposing any fine or
other penalty allowed under this Act.
(Source: P.A. 95-689, eff. 10-29-07.)
Section 5-60. The Home Inspector License Act is amended by
changing Section 25-5 as follows:
(225 ILCS 441/25-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-5. Home Inspector Administration Fund; surcharge.
(a) The Home Inspector Administration Fund is created as a

09700HB2891sam005 - 58 - LRB097 08743 HLH 73041 a
special fund in the State Treasury. All fees, fines, and
penalties received by the Department under this Act shall be
deposited into the Home Inspector Administration Fund. All
earnings attributable to investment of funds in the Home
Inspector Administration Fund shall be credited to the Home
Inspector Administration Fund. Subject to appropriation, the
moneys in the Home Inspector Administration Fund shall be
appropriated to the Department for the expenses incurred by the
Department in the administration of this Act.
(b) (Blank).
(c) (Blank).
(c-5) Moneys in the Home Inspection Administration Fund may
be transferred to the Professions Indirect Cost Fund, as
authorized under Section 2105-300 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(c-10) For Fiscal Year 2013 only and as soon as practicable
after the effective date of this amendatory Act of the 97th
General Assembly, the State Comptroller shall order and the
State Treasurer shall transfer from the Home Inspector
Administration Fund to the Illinois State Medical Disciplinary
Fund a specific amount that shall be determined by the
Secretary of the Department of Financial and Professional
Regulation. Added together with the other transfers authorized
under this amendatory Act of the 97th General Assembly, the
total amount of transfers made from the Home Inspector

09700HB2891sam005 - 59 - LRB097 08743 HLH 73041 a
Administration Fund and following funds shall not exceed
$9,600,000:
Professional Regulation Evidence Fund.
Financial Institution Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.
Credit Union Fund.
Pawnbroker Regulation Fund.
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.
Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Appraisal Administration Fund.
(d) Upon the completion of any audit of the Department, as
prescribed by the Illinois State Auditing Act, that includes an
audit of the Home Inspector Administration Fund, the Department
shall make the audit report open to inspection by any
interested person.
(Source: P.A. 97-226, eff. 7-28-11.)
Section 5-65. The Illinois Public Accounting Act is amended
by changing Section 32 as follows:

09700HB2891sam005 - 60 - LRB097 08743 HLH 73041 a
(225 ILCS 450/32) (from Ch. 111, par. 5537)
(Section scheduled to be repealed on January 1, 2014)
Sec. 32. All moneys received by the Department of
Professional Regulation under this Act shall be deposited into
the Registered Certified Public Accountants' Administration
and Disciplinary Fund, which is hereby created as a special
fund in the State Treasury. The funds in the account shall be
used by the Department, as appropriated, exclusively for
expenses of the Department of Professional Regulation, or the
Public Accountants' Registration Committee, in the
administration of this Act.
Moneys in the Registered Certified Public Accountants'
Administration and Disciplinary Fund may be invested and
reinvested, with all earnings received from the investments to
be deposited into the Registered Certified Public Accountants'
Administration and Disciplinary Fund.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of the
Department of Professional Regulation. Moneys in the Fund may
be transferred to the Professions Indirect Cost Fund as
authorized by Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
For Fiscal Year 2013 only and as soon as practicable after
the effective date of this amendatory Act of the 97th General
Assembly, the State Comptroller shall order and the State
Treasurer shall transfer from the Fund to the Illinois State

09700HB2891sam005 - 61 - LRB097 08743 HLH 73041 a
Medical Disciplinary Fund a specific amount that shall be
determined by the Secretary of the Department of Financial and
Professional Regulation. Added together with the other
transfers authorized under this amendatory Act of the 97th
General Assembly, the total amount of transfers made from the
Fund and following funds shall not exceed $9,600,000:
Professional Regulation Evidence Fund.
Financial Institution Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.
Credit Union Fund.
Pawnbroker Regulation Fund.
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.
Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Appraisal Administration Fund.
(Source: P.A. 92-457, eff. 8-21-01; 93-683, eff. 7-2-04.)
Section 5-70. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Section 25-5 as follows:
(225 ILCS 458/25-5)
(Section scheduled to be repealed on January 1, 2022)

09700HB2891sam005 - 62 - LRB097 08743 HLH 73041 a
Sec. 25-5. Appraisal Administration Fund; surcharge. The
Appraisal Administration Fund is created as a special fund in
the State Treasury. All fees, fines, and penalties received by
the Department under this Act shall be deposited into the
Appraisal Administration Fund. All earnings attributable to
investment of funds in the Appraisal Administration Fund shall
be credited to the Appraisal Administration Fund. Subject to
appropriation, the moneys in the Appraisal Administration Fund
shall be paid to the Department for the expenses incurred by
the Department and the Board in the administration of this Act.
Moneys in the Appraisal Administration Fund may be transferred
to the Professions Indirect Cost Fund as authorized under
Section 2105-300 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
Upon the completion of any audit of the Department, as
prescribed by the Illinois State Auditing Act, which shall
include an audit of the Appraisal Administration Fund, the
Department shall make the audit report open to inspection by
any interested person.
For Fiscal Year 2013 only and as soon as practicable after
the effective date of this amendatory Act of the 97th General
Assembly, the State Comptroller shall order and the State
Treasurer shall transfer from the Appraisal Administration
Fund to the Illinois State Medical Disciplinary Fund a specific
amount that shall be determined by the Secretary of the
Department of Financial and Professional Regulation. Added

09700HB2891sam005 - 63 - LRB097 08743 HLH 73041 a
together with the other transfers authorized under this
amendatory Act of the 97th General Assembly, the total amount
of transfers made from the Appraisal Administration Fund and
following funds shall not exceed $9,600,000:
Professional Regulation Evidence Fund.
Financial Institution Fund.
General Professions Dedicated Fund.
Savings and Residential Finance Regulatory Fund.
Credit Union Fund.
Pawnbroker Regulation Fund.
Bank and Trust Company Fund.
Nursing Dedicated and Professional Fund.
Optometric Licensing and Disciplinary Board Fund.
Illinois State Podiatric Disciplinary Fund.
Illinois State Pharmacy Disciplinary Fund.
Home Inspector Administration Fund.
Registered Certified Public Accountants'
Administration and Disciplinary Fund.
(Source: P.A. 96-844, eff. 12-23-09.)
ARTICLE 10. BOARDS AND COMMISSIONS
Section 10-5. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-345 as follows:

09700HB2891sam005 - 64 - LRB097 08743 HLH 73041 a
(20 ILCS 605/605-345) (was 20 ILCS 605/46.67)
Sec. 605-345. Pollution control industry incentives.
Subject to appropriation, the The Department shall examine
policies and incentives that will attract industries involved
in the design, development, and construction of pollution
control devices and shall implement those policies and
incentives that the Department determines will attract those
businesses.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 605/605-75 rep.)
Section 10-10. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by repealing Section 605-75.
Section 10-15. 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

09700HB2891sam005 - 65 - LRB097 08743 HLH 73041 a
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.

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(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

09700HB2891sam005 - 67 - LRB097 08743 HLH 73041 a
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 regarding the necessity of waste reduction and
recycling to reduce dependence on landfills and to maintain
environmental quality. The 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). The Department shall study the feasibility of
requiring that wood and sawdust from construction waste,
demolition projects, sawmills, or other projects or industries

09700HB2891sam005 - 68 - LRB097 08743 HLH 73041 a
where wood is used in a large amount be shredded and composted,
and that such wood be prohibited from being disposed of in a
landfill. The Department shall report the results of this study
to the General Assembly by January 1, 1991.
(f) (Blank).
(g) The Department shall develop a program designated to
encourage the recycling of outdated telephone directories and
to encourage the printing of new directories on recycled paper.
The Department shall work in conjunction with printers and
distributors of telephone directories distributed in the State
to provide them with any technical assistance available in
their efforts to procure appropriate recycled paper. The
Department shall also encourage directory distributors to pick
up outdated directories as they distribute new ones, and shall
assist any distributor who is willing to do so in finding a
recycler willing to purchase the old directories and in
publicizing and promoting with citizens of the area the
distributor's collection efforts and schedules.
(h) (Blank). The Department shall assist, cooperate with
and provide necessary staff and resources for the Interagency
Energy Conservation Committee, which shall be chaired by the
Director of the Department.
(i) (Blank).
(Source: P.A. 92-736, eff. 7-25-02.)
Section 10-17. The Department of Public Health Powers and

09700HB2891sam005 - 69 - LRB097 08743 HLH 73041 a
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-367 as follows:
(20 ILCS 2310/2310-367)
Sec. 2310-367. Health Data Task Force; purpose;
implementation plan.
(a) In accordance with the recommendations of the 2007
State Health Improvement Plan, it is the policy of the State
that, to the extent possible and consistent with privacy and
other laws, State public health data and health-related
administrative data are to be used to understand and report on
the scope of health problems, plan prevention programs, and
evaluate program effectiveness at the State and community
level. It is a priority to use data to address racial, ethnic,
and other health disparities. This system is intended to
support State and community level public health planning, and
is not intended to supplant or replace data-use agreements
between State agencies and academic researchers for more
specific research needs.
(b) (Blank). Within 30 days after August 24, 2007 (the
effective date of Public Act 95-418), a Health Data Task Force
shall be convened to create a system for public access to
integrated health data. The Task Force shall consist of the
following: the Director of Public Health or his or her
designee; the Director of Healthcare and Family Services or his
or her designee; the Secretary of Human Services or his or her

09700HB2891sam005 - 70 - LRB097 08743 HLH 73041 a
designee; the Director of the Department on Aging or his or her
designee; the Director of Children and Family Services or his
or her designee; the State Superintendent of Education or his
or her designee; and other State officials as deemed
appropriate by the Governor.
The Task Force shall be advised by a public advisory group
consisting of community health data users, minority health
advocates, local public health departments, and private data
suppliers such as hospitals and other health care providers.
Each member of the Task Force shall appoint 3 members of the
public advisory group. The public advisory group shall assist
the Task Force in setting goals, articulating user needs, and
setting priorities for action.
The Department of Public Health is primarily responsible
for providing staff and administrative support to the Task
Force. The other State agencies represented on the Task Force
shall work cooperatively with the Department of Public Health
to provide administrative support to the Task Force. The
Department of Public Health shall have ongoing responsibility
for monitoring the implementation of the plan and shall have
ongoing responsibility to identify new or emerging data or
technology needs.
The State agencies represented on the Task Force shall
review their health data, data collection, and dissemination
policies for opportunities to coordinate and integrate data and
make data available within and outside State government in

09700HB2891sam005 - 71 - LRB097 08743 HLH 73041 a
support of this State policy. To the extent possible, existing
data infrastructure shall be used to create this system of
public access to data. The Illinois Department of Health Care
and Family Services data warehouse and the Illinois Department
of Public Health IPLAN Data System may be the foundation of
this system.
(c) (Blank). The Task Force shall produce a plan with a
phased and prioritized implementation timetable focusing on
assuring access to improving the quality of data necessary to
understand health disparities. The Task Force shall submit an
initial report to the General Assembly no later than July 1,
2008, and shall make annual reports to the General Assembly on
or before July 1 of each year through 2011 of the progress
toward implementing the plan.
(Source: P.A. 97-813, eff. 7-13-12.)
(20 ILCS 2310/2310-372 rep.)
Section 10-20. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by repealing Section 2310-372.
Section 10-25. The State Finance Act is amended by changing
Sections 5h and 6z-17 as follows:
(30 ILCS 105/5h)
Sec. 5h. Cash flow borrowing and general funds liquidity.

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(a) In order to meet cash flow deficits and to maintain
liquidity in the General Revenue Fund, the Healthcare Provider
Relief Fund, and the Common School Fund, on and after July 1,
2010 and through June 30, 2011, the State Treasurer and the
State Comptroller shall make transfers to the General Revenue
Fund, the Healthcare Provider Relief Fund, or the Common School
Fund, as directed by the Governor, out of special funds of the
State, to the extent allowed by federal law. No transfer may be
made from a fund under this Section that would have the effect
of reducing the available balance in the fund to an amount less
than the amount remaining unexpended and unreserved from the
total appropriation from that fund estimated to be expended for
that fiscal year. No such transfer may reduce the cumulative
balance of all of the special funds of the State to an amount
less than the total debt service payable during the 12 months
immediately following the date of the transfer on any bonded
indebtedness of the State and any certificates issued under the
Short Term Borrowing Act. Notwithstanding any other provision
of this Section, no such transfer may be made from any special
fund that is exclusively collected by or appropriated to any
other constitutional officer without the written approval of
that constitutional officer.
(b) If moneys have been transferred to the General Revenue
Fund, the Healthcare Provider Relief Fund, or the Common School
Fund pursuant to subsection (a) of this Section, this
amendatory Act of the 96th General Assembly shall constitute

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the irrevocable and continuing authority for and direction to
the State Treasurer and State Comptroller to reimburse the
funds of origin from the General Revenue Fund, the Healthcare
Provider Relief Fund, or the Common School Fund, as
appropriate, by transferring to the funds of origin, at such
times and in such amounts as directed by the Governor when
necessary to support appropriated expenditures from the funds,
an amount equal to that transferred from them plus any interest
that would have accrued thereon had the transfer not occurred,
except that any moneys transferred pursuant to subsection (a)
of this Section shall be repaid to the fund of origin within 18
months after the date on which they were borrowed.
(c) On the first day of each quarterly period in each
fiscal year, until such time as a report indicates that all
moneys borrowed and interest pursuant to this Section have been
repaid, the Governor's Office of Management and Budget shall
provide to the President and the Minority Leader of the Senate,
the Speaker and the Minority Leader of the House of
Representatives, and the Commission on Government Forecasting
and Accountability a report on all transfers made pursuant to
this Section in the prior quarterly period. The report must be
provided in both written and electronic format. The report must
include all of the following:
(1) The date each transfer was made.
(2) The amount of each transfer.
(3) In the case of a transfer from the General Revenue

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Fund, the Healthcare Provider Relief Fund, or the Common
School Fund to a fund of origin pursuant to subsection (b)
of this Section, the amount of interest being paid to the
fund of origin.
(4) The end of day balance of both the fund of origin
and the General Revenue Fund, the Healthcare Provider
Relief Fund, or the Common School Fund, whichever the case
may be, on the date the transfer was made.
(Source: P.A. 96-958, eff. 7-1-10; 96-1500, eff. 1-18-11;
97-72, eff. 7-1-11 (see also P.A. 97-613 regarding effective
date of P.A. 97-72).)
(30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)
Sec. 6z-17. Of the money paid into the State and Local
Sales Tax Reform Fund: (i) subject to appropriation to the
Department of Revenue, Municipalities having 1,000,000 or more
inhabitants shall receive 20% and may expend such amount to
fund and establish a program for developing and coordinating
public and private resources targeted to meet the affordable
housing needs of low-income and very low-income households
within such municipality, (ii) 10% shall be transferred into
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund, a special fund in the State treasury which is
hereby created, (iii) until July 1, 2013, subject to
appropriation to the Department of Transportation, the The
Madison County Mass Transit District shall receive .6%, and

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beginning on July 1, 2013, subject to appropriation to the
Department of Revenue, 0.6% shall be distributed each month out
of the Fund to the Madison County Mass Transit District, (iv)
the following amounts, plus any cumulative deficiency in such
transfers for prior months, shall be transferred monthly into
the Build Illinois Fund and credited to the Build Illinois Bond
Account therein:
Fiscal Year Amount
1990 $2,700,000
1991 1,850,000
1992 2,750,000
1993 2,950,000
From Fiscal Year 1994 through Fiscal Year 2025 the transfer
shall total $3,150,000 monthly, plus any cumulative deficiency
in such transfers for prior months, and (v) the remainder of
the money paid into the State and Local Sales Tax Reform Fund
shall be transferred into the Local Government Distributive
Fund and, except for municipalities with 1,000,000 or more
inhabitants which shall receive no portion of such remainder,
shall be distributed, subject to appropriation, in the manner
provided by Section 2 of "An Act in relation to State revenue
sharing with local government entities", approved July 31,
1969, as now or hereafter amended. Municipalities with more
than 50,000 inhabitants according to the 1980 U.S. Census and
located within the Metro East Mass Transit District receiving
funds pursuant to provision (v) of this paragraph may expend

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such amounts to fund and establish a program for developing and
coordinating public and private resources targeted to meet the
affordable housing needs of low-income and very low-income
households within such municipality.
(Source: P.A. 95-708, eff. 1-18-08.)
Section 10-27. The Federal Stimulus Tracking Act is amended
by changing Section 5 as follows:
(30 ILCS 270/5)
(Section scheduled to be repealed on January 1, 2015)
Sec. 5. Federal stimulus tracking.
(a) The Governor's Office, or a designated State agency,
shall track and report by means of a quarterly monthly report
the State's spending of the federal stimulus moneys provided
pursuant to the American Recovery and Reinvestment Act of 2009.
(b) Each quarterly monthly report shall list the amount of
the State's federal stimulus spending, by category, based on
available federal and State data. The reports may also list any
required matching funds required by the State to be eligible
for federal stimulus funding. The reports may make
recommendations (i) concerning ways for Illinois to maximize
its share of federal stimulus spending or (ii) suggesting
changes to Illinois law that could help to maximize its share
of federal stimulus spending. A final report compiling data
from the quarterly monthly reports shall be available online at

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the conclusion of the American Recovery and Reinvestment Act
program or by December 31, 2014, whichever occurs first.
(c) The reports shall be available on a State of Illinois
website and filed with the Speaker and Minority Leader of the
House and the President and Minority Leader of the Senate.
(d) The General Assembly may by resolution request that
specific data, findings, or analyses be included in a monthly
report. The Commission on Government Forecasting and
Accountability shall provide the Governor's Office technical,
analytical, and substantive assistance in preparing the
requested data, findings, or analyses.
(e) This Act is repealed on January 1, 2015.
(Source: P.A. 96-169, eff. 8-10-09.)
Section 10-30. The General Obligation Bond Act is amended
by changing Section 11 as follows:
(30 ILCS 330/11) (from Ch. 127, par. 661)
Sec. 11. Sale of Bonds. Except as otherwise provided in
this Section, Bonds shall be sold from time to time pursuant to
notice of sale and public bid or by negotiated sale in such
amounts and at such times as is directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. At least 25%, based on total principal
amount, of all Bonds issued each fiscal year shall be sold
pursuant to notice of sale and public bid. At all times during

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each fiscal year, no more than 75%, based on total principal
amount, of the Bonds issued each fiscal year, shall have been
sold by negotiated sale. Failure to satisfy the requirements in
the preceding 2 sentences shall not affect the validity of any
previously issued Bonds; provided that all Bonds authorized by
Public Act 96-43 and this amendatory Act of the 96th General
Assembly shall not be included in determining compliance for
any fiscal year with the requirements of the preceding 2
sentences; and further provided that refunding Bonds
satisfying the requirements of Section 16 of this Act and sold
during fiscal year 2009, 2010, or 2011 shall not be subject to
the requirements in the preceding 2 sentences.
If any Bonds, including refunding Bonds, are to be sold by
negotiated sale, the Director of the Governor's Office of
Management and Budget shall comply with the competitive request
for proposal process set forth in the Illinois Procurement Code
and all other applicable requirements of that Code.
If Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget may shall, from time to time, as Bonds are to be
sold, advertise the sale of the Bonds in at least 2 daily
newspapers, one of which is published in the City of
Springfield and one in the City of Chicago. The sale of the
Bonds shall also be advertised in the volume of the Illinois
Procurement Bulletin that is published by the Department of
Central Management Services, and . Each of the advertisements

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for proposals shall be published once at least 10 days prior to
the date fixed for the opening of the bids. The Director of the
Governor's Office of Management and Budget may reschedule the
date of sale upon the giving of such additional notice as the
Director deems adequate to inform prospective bidders of such
change; provided, however, that all other conditions of the
sale shall continue as originally advertised.
Executed Bonds shall, upon payment therefor, be delivered
to the purchaser, and the proceeds of Bonds shall be paid into
the State Treasury as directed by Section 12 of this Act.
(Source: P.A. 96-18, eff. 6-26-09; 96-43, eff. 7-15-09;
96-1497, eff. 1-14-11.)
Section 10-35. The Build Illinois Bond Act is amended by
changing Section 8 as follows:
(30 ILCS 425/8) (from Ch. 127, par. 2808)
Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
in this Section, shall be sold from time to time pursuant to
notice of sale and public bid or by negotiated sale in such
amounts and at such times as are directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. At least 25%, based on total principal
amount, of all Bonds issued each fiscal year shall be sold
pursuant to notice of sale and public bid. At all times during
each fiscal year, no more than 75%, based on total principal

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amount, of the Bonds issued each fiscal year shall have been
sold by negotiated sale. Failure to satisfy the requirements in
the preceding 2 sentences shall not affect the validity of any
previously issued Bonds; and further provided that refunding
Bonds satisfying the requirements of Section 15 of this Act and
sold during fiscal year 2009, 2010, or 2011 shall not be
subject to the requirements in the preceding 2 sentences.
If any Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget shall comply with the competitive request for
proposal process set forth in the Illinois Procurement Code and
all other applicable requirements of that Code.
If Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget may shall, from time to time, as Bonds are to be
sold, advertise the sale of the Bonds in at least 2 daily
newspapers, one of which is published in the City of
Springfield and one in the City of Chicago. The sale of the
Bonds shall also be advertised in the volume of the Illinois
Procurement Bulletin that is published by the Department of
Central Management Services, and . Each of the advertisements
for proposals shall be published once at least 10 days prior to
the date fixed for the opening of the bids. The Director of the
Governor's Office of Management and Budget may reschedule the
date of sale upon the giving of such additional notice as the
Director deems adequate to inform prospective bidders of the

09700HB2891sam005 - 81 - LRB097 08743 HLH 73041 a
change; provided, however, that all other conditions of the
sale shall continue as originally advertised. Executed Bonds
shall, upon payment therefor, be delivered to the purchaser,
and the proceeds of Bonds shall be paid into the State Treasury
as directed by Section 9 of this Act. The Governor or the
Director of the Governor's Office of Management and Budget is
hereby authorized and directed to execute and deliver contracts
of sale with underwriters and to execute and deliver such
certificates, indentures, agreements and documents, including
any supplements or amendments thereto, and to take such actions
and do such things as shall be necessary or desirable to carry
out the purposes of this Act. Any action authorized or
permitted to be taken by the Director of the Governor's Office
of Management and Budget pursuant to this Act is hereby
authorized to be taken by any person specifically designated by
the Governor to take such action in a certificate signed by the
Governor and filed with the Secretary of State.
(Source: P.A. 96-18, eff. 6-26-09.)
Section 10-40. The Industrial Development Assistance Law
is amended by changing Section 3 as follows:
(30 ILCS 720/3) (from Ch. 85, par. 893)
Sec. 3. Definitions. "Department" means the Department of
Commerce and Economic Opportunity.
"Governing bodies" means, as to any county, municipality or

09700HB2891sam005 - 82 - LRB097 08743 HLH 73041 a
township, the body empowered to enact ordinances or to adopt
resolutions for the governance of such county, municipality or
township.
"Industrial development agency" means any nonprofit
corporation, organization, association or agency which shall
be designated by proper resolution of the governing body of any
county, concurred in by resolution of the governing bodies of
municipalities or townships within said county having in the
aggregate over 50% of the population of said county, as
determined by the last preceding decennial United States
Census, as the agency authorized to make application to and
receive grants, subject to appropriation, from the Department
of Commerce and Economic Opportunity for the purposes specified
in this Act. Any two or more counties may, by the procedures
provided in this Act, designate a single industrial development
agency to represent such counties for the purposes of this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 10-45. The Build Illinois Act is amended by
changing Section 9-4.5 as follows:
(30 ILCS 750/9-4.5)
Sec. 9-4.5. Community economic development project.
(a) Subject to appropriation, the The Department shall
establish a comprehensive community economic development
project. The project shall provide technical assistance to 5

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communities for the following purposes:
(1) To develop a comprehensive understanding of the
community.
(2) To plan for industrial retention and development.
(3) To establish an early warning network to warn of
potential business closings.
(4) To provide on-going technical assistance in areas
including, but not limited to, succession planning;
acquisition of companies by local entrepreneurs, with
special encouragement for minorities, women, and groups of
employees; job training; and technology improvement.
(b) Subject to appropriation, the The Department shall
select the communities that participate in the project through
a competitive process open to all communities in Illinois. For
purposes of this Section, "community" includes municipalities,
other units of local government, and neighborhoods and regions
within municipalities or other units of local government.
Community direction of the project and the capacity of the
community to fulfill project goals established by the
Department shall be prerequisites for participation. The
Department shall issue rules establishing the competitive
process.
(Source: P.A. 88-191; 88-670, eff. 12-2-94.)
(50 ILCS 330/5 rep.)
Section 10-50. The Illinois Municipal Budget Law is amended

09700HB2891sam005 - 84 - LRB097 08743 HLH 73041 a
by repealing Section 5.
(205 ILCS 5/12 rep.)
Section 10-55. The Illinois Banking Act is amended by
repealing Section 12.
(205 ILCS 205/8006 rep.)
Section 10-60. The Savings Bank Act is amended by repealing
Section 8006.
Section 10-65. The Sales Finance Agency Act is amended by
changing Section 13 as follows:
(205 ILCS 660/13) (from Ch. 17, par. 5231)
Sec. 13. Rules. The Department may make and enforce such
reasonable rules, regulations, directions, orders, decisions
and findings as the execution and enforcement of this Act
require, and as are not inconsistent therewith. In addition,
the Department may promulgate rules in connection with the
activities of licensees that are necessary and appropriate for
the protection of consumers in this State. All rules and
regulations shall be posted on the Department's website. Upon
the written request of a licensee, printed and copies thereof
shall be printed and mailed to the licensee all licensees.
(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)

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Section 10-70. The Consumer Installment Loan Act is amended
by changing Section 22 as follows:
(205 ILCS 670/22) (from Ch. 17, par. 5428)
Sec. 22. Rules and regulations. The Department may make and
enforce such reasonable rules, regulations, directions,
orders, decisions, and findings as the execution and
enforcement of the provisions of this Act require, and as are
not inconsistent therewith. In addition, the Department may
promulgate rules in connection with the activities of licensees
that are necessary and appropriate for the protection of
consumers in this State. All rules, regulations and directions
of a general character shall be posted on the Department's
website. Upon the written request of a licensee, printed and
copies thereof shall be printed and mailed to the licensee all
licensees.
(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
Section 10-75. The Illinois Chemical Safety Act is amended
by changing Section 3 as follows:
(430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
Sec. 3. Definitions. For the purposes of this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Business" means any individual, partnership, corporation,

09700HB2891sam005 - 86 - LRB097 08743 HLH 73041 a
or association in the State engaged in a business operation
that has 5 or more full-time employees, or 20 or more part-time
employees, and that is properly assigned or included within one
of the following Standard Industrial Classifications (SIC), as
designated in the Standard Industrial Classification Manual
prepared by the Federal Office of Management and Budget:
2295 Coated fabrics, not rubberized;
2491 Wood preserving;
2671 Packaging paper and plastics film, coated and
laminated;
2672 Coated and laminated paper, not elsewhere classified;
2812 Alkalies and chlorine;
2813 Industrial gases;
2819 Industrial inorganic chemicals, not elsewhere
classified;
2821 Plastic materials, synthetic resins, and
non-vulcanizable elastomers;
2834 Pharmaceutical preparations;
2842 Specialty cleaning, polishing and sanitation
preparations;
2851 Paints, varnishes, lacquers, enamels, and allied
products;
2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
dyes and organic pigments (lakes and toners);
2869 Industrial organic chemicals, not elsewhere
classified;

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2873 Nitrogenous fertilizer;
2874 Phosphatic fertilizers;
2879 Pesticides and agricultural chemicals, not elsewhere
classified;
2891 Adhesives and sealants;
2892 Explosives;
2911 Petroleum refining;
2952 Asphalt felts and coatings;
2999 Products of petroleum and coal, not elsewhere
classified;
3081 Unsupported plastics, film and sheet;
3082 Unsupported plastics profile shapes;
3083 Laminated plastics plate, sheet and profile shapes;
3084 Plastic pipe;
3085 Plastic bottles;
3086 Plastic foam products;
3087 Custom compounding of purchased plastic resin;
3088 Plastic plumbing fixtures;
3089 Plastic products, not elsewhere classified;
3111 Leather tanning and finishing;
3339 Primary smelting and refining of nonferrous metals,
except copper and aluminum;
3432 Plumbing fixture fittings and trim;
3471 Electroplating, plating, polishing, anodizing and
coloring;
4953 Refuse systems;

09700HB2891sam005 - 88 - LRB097 08743 HLH 73041 a
5085 Industrial supplies;
5162 Plastic materials and basic forms and shapes;
5169 Chemicals and allied products, not elsewhere
classified;
5171 Petroleum bulk stations and terminals;
5172 Petroleum and petroleum products, wholesalers, except
bulk stations and terminals.
For the purposes of this Act, the SIC Code that a business
uses for determining its coverage under The Unemployment
Insurance Act shall be the SIC Code for determining the
applicability of this Act. On an annual basis, the Department
of Employment Security shall provide the IEMA with a list of
those regulated facilities covered by the above mentioned SIC
codes.
"Business" also means any facility not covered by the above
SIC codes that is subject to the provisions of Section 302 of
the federal Emergency Planning and Community Right-to-Know Act
of 1986 and that is found by the Agency to use, store, or
manufacture a chemical substance in a quantity that poses a
threat to the environment or public health. Such a
determination shall be based on an on-site inspection conducted
by the Agency and certified to the IEMA. The Agency shall also
conduct inspections at the request of IEMA or upon a written
request setting forth a justification to the IEMA from the
chairman of the local emergency planning committee upon
recommendation of the committee. The IEMA shall transmit a copy

09700HB2891sam005 - 89 - LRB097 08743 HLH 73041 a
of the request to the Agency. The Agency may, in the event of a
reportable release that occurs at any facility operated or
owned by a business not covered by the above SIC codes, conduct
inspections if the site hazard appears to warrant such action.
The above notwithstanding, any farm operation shall not be
considered as a facility subject to this definition.
Notwithstanding the above, for purposes of this Act,
"business" does not mean any facility for which the
requirements promulgated at Part 1910.119 of Title 29 of the
Code of Federal Regulations are applicable or which has
completed and submitted the plan required by Part 68 of Title
40 of the Code of Federal Regulations, provided that such
business conducts and documents in writing an assessment for
any instance where the Agency provides notice that a
significant release of a chemical substance has occurred at a
facility. Such assessment shall explain the nature, cause and
known effects of the release, any mitigating actions taken, and
preventive measures that can be employed to avoid a future
release. Such assessment shall be available at the facility for
review within 30 days after the Agency notifies the facility
that a significant release has occurred. The Agency may provide
written comments to the business following an on-site review of
an assessment.
"Chemical name" means the scientific designation of a
chemical in accordance with the nomenclature system developed
by the International Union of Pure and Applied Chemistry

09700HB2891sam005 - 90 - LRB097 08743 HLH 73041 a
(IUPAC) or the American Chemical Society's Chemical Abstracts
Service (CAS) rules of nomenclature, or a name that will
clearly identify the chemical for hazard evaluation purposes.
"Chemical substance" means any "extremely hazardous
substance" listed in Appendix A of 40 C.F.R. Part 355 that is
present at a facility in an amount in excess of its threshold
planning quantity, any "hazardous substance" listed in 40
C.F.R. Section 302.4 that is present at a facility in an amount
in excess of its reportable quantity or in excess of its
threshold planning quantity if it is also an "extremely
hazardous substance", and any petroleum including crude oil or
any fraction thereof that is present at a facility in an amount
exceeding 100 pounds unless it is specifically listed as a
"hazardous substance" or an "extremely hazardous substance".
"Chemical substance" does not mean any substance to the extent
it is used for personal, family, or household purposes or to
the extent it is present in the same form and concentration as
a product packaged for distribution to and use by the general
public.
"IEMA" means the Illinois Emergency Management Agency.
"Facility" means the buildings and all real property
contiguous thereto, and the equipment at a single location used
for the conduct of business.
"Local emergency planning committee" means the committee
that is appointed for an emergency planning district under the
provisions of Section 301 of the federal Emergency Planning and

09700HB2891sam005 - 91 - LRB097 08743 HLH 73041 a
Community Right-to-Know Act of 1986.
"Release" means any sudden spilling, leaking, pumping,
pouring, emitting, escaping, emptying, discharging, injecting,
leaching, dumping, or disposing into the environment beyond the
boundaries of a facility, but excludes the following:
(a) Any release that results in exposure to persons
solely within a workplace, with respect to a claim that
such persons may assert against their employer.
(b) Emissions from the engine exhaust of a motor
vehicle, rolling stock, aircraft, vessel, or pipeline
pumping station engine.
(c) Release of source, byproduct, or special nuclear
material from a nuclear incident, as those terms are
defined in the Atomic Energy Act of 1954, if the release is
subject to requirements with respect to financial
protection established by the Nuclear Regulatory
Commission under Section 170 of the Atomic Energy Act of
1954.
(d) The normal application of fertilizer.
"Significant release" means any release which is so
designated in writing by the Agency or the IEMA based upon an
inspection at the site of an emergency incident, or any release
which results in any evacuation, hospitalization, or
fatalities of the public.
(Source: P.A. 97-333, eff. 8-12-11.)

09700HB2891sam005 - 92 - LRB097 08743 HLH 73041 a
(625 ILCS 5/15-115 rep.)
Section 10-80. The Illinois Vehicle Code is amended by
repealing Section 15-115.
Section 10-85. The Payday Loan Reform Act is amended by
changing Section 4-30 as follows:
(815 ILCS 122/4-30)
Sec. 4-30. Rulemaking; industry review.
(a) The Department may make and enforce such reasonable
rules, regulations, directions, orders, decisions, and
findings as the execution and enforcement of the provisions of
this Act require, and as are not inconsistent therewith. All
rules, regulations, and directions of a general character shall
be posted on the Department's website. Upon the written request
of a licensee, printed and copies thereof shall be printed and
mailed to the licensee all licensees.
(b) Within 6 months after the effective date of this Act,
the Department shall promulgate reasonable rules regarding the
issuance of payday loans by banks, savings banks, savings and
loan associations, credit unions, and insurance companies.
These rules shall be consistent with this Act and shall be
limited in scope to the actual products and services offered by
lenders governed by this Act.
(c) After the effective date of this Act, the Department
shall, over a 3-year period, conduct a study of the payday loan

09700HB2891sam005 - 93 - LRB097 08743 HLH 73041 a
industry to determine the impact and effectiveness of this Act.
The Department shall report its findings to the General
Assembly within 3 months of the third anniversary of the
effective date of this Act. The study shall determine the
effect of this Act on the protection of consumers in this State
and on the fair and reasonable regulation of the payday loan
industry. The study shall include, but shall not be limited to,
an analysis of the ability of the industry to use private
reporting tools that:
(1) ensure substantial compliance with this Act,
including real time reporting of outstanding payday loans;
and
(2) provide data to the Department in an appropriate
form and with appropriate content to allow the Department
to adequately monitor the industry.
The report of the Department shall, if necessary, identify
and recommend specific amendments to this Act to further
protect consumers and to guarantee fair and reasonable
regulation of the payday loan industry.
(Source: P.A. 94-13, eff. 12-6-05.)
ARTICLE 99. EFFECTIVE DATE
Section 99-99. Effective date. This Act takes effect upon
becoming law.".