|   
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| Public Act 097-0916 
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| | HB0404 Enrolled | LRB097 03918 ASK 43957 b | 
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| 
 
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|     AN ACT concerning State government.
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|     Be it enacted by the People of the State of Illinois,  | 
| represented in the General Assembly: 
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|     Section 5. The State Employee Housing Act is amended  by  | 
| changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, and 5-35  | 
| as follows:
 
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|     (5 ILCS 412/5-5)
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|     Sec. 5-5. Policy development. The Department of  | 
| Conservation, the
Department of Corrections, the Historic  | 
| Preservation Agency, the University of
Illinois, and the  | 
| University of Illinois Foundation shall each develop a policy
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| on housing for State employees that addresses the following:
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|         (1) Purpose of providing housing.
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|         (2) Application procedures.
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|         (3) Eligibility.
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|         (4) Tenant selection criteria.
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|         (5) Accounting for housing in employee compensation.
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|         (6) Employee responsibilities that necessitate  | 
| State-provided housing.
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|         (7) Procedures for setting and adjusting rent,  | 
| security deposits, and
utility payments.
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|         (8) Documented justification for State ownership of  | 
| each house or
property.
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|  | 
| (Source: P.A. 89-214, eff. 8-4-95.)
 
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|     (5 ILCS 412/5-10)
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|     Sec. 5-10. Taxable status. The Department of Agriculture,  | 
| the Department
of Conservation, the Department of Corrections,  | 
| the Department of Veterans'
Affairs, and the University of  | 
| Illinois shall each develop procedures to
determine whether  | 
| housing provided to employees and non-employees is subject to
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| taxation.  The Department of Revenue and the Internal Revenue  | 
| Service may be
consulted to determine the appropriate means of  | 
| reporting the value of housing
provided at below fair market  | 
| rent to those who do not meet all established
criteria.
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| (Source: P.A. 89-214, eff. 8-4-95.)
 
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|     (5 ILCS 412/5-15)
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|     Sec. 5-15. Rental housing. The Department of Conservation,  | 
| the Department
of Corrections, the Historic Preservation  | 
| Agency, the Department of
Transportation, the University of  | 
| Illinois, and the University of Illinois
Foundation shall each  | 
| analyze the need for providing low-rent housing to its
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| employees and shall consider alternatives to State-owned  | 
| housing.  Rent charged
for State-owned housing shall be  | 
| evaluated every 3 years for adjustments,
including that  | 
| necessitated by changing economic conditions.
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| (Source: P.A. 89-214, eff. 8-4-95.)
 
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|  | 
|     (5 ILCS 412/5-20)
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|     Sec. 5-20. Security deposit. The Department of  | 
| Conservation, the
Department of Corrections, the Department of  | 
| Transportation, the Historic
Preservation Agency, the  | 
| University of Illinois, and the University of Illinois
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| Foundation shall each analyze the need for all employee and  | 
| non-employee
tenants of State-owned housing to pay a reasonable  | 
| security deposit and may
each collect security deposits and  | 
| maintain them in interest-bearing accounts.
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| (Source: P.A. 89-214, eff. 8-4-95.)
 
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|     (5 ILCS 412/5-25)
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|     Sec. 5-25. Utilities. The Department of Conservation, the  | 
| Department of
Corrections, the Historic Preservation Agency,  | 
| and the University of Illinois
may each require its employees  | 
| for whom it provides housing to pay their own
utilities.  If  | 
| direct utility payment is required, a utility schedule shall be
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| established for employees who can not directly pay utilities  | 
| due to extenuating
circumstances, such as occupancy of  | 
| dormitories not individually metered.
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| (Source: P.A. 89-214, eff. 8-4-95.)
 
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|     (5 ILCS 412/5-30)
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|     Sec. 5-30. Tenant selection. The Department of  | 
| Conservation, the
Department of Corrections, the Historic  | 
| Preservation Agency, the Department of
Transportation, the  | 
|  | 
| University of Illinois, and the University of Illinois
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| Foundation shall each develop and maintain application forms  | 
| for its
State-owned housing, written criteria for selecting  | 
| employee tenants, and
records of decisions as to who was  | 
| selected to receive State housing and why
they were selected.
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| (Source: P.A. 89-214, eff. 8-4-95.)
 
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|     (5 ILCS 412/5-35)
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|     Sec. 5-35. Housing justification. The Department of  | 
| Conservation, the
Historic Preservation Agency, and the  | 
| University of Illinois shall each develop
written criteria for  | 
| determining which employment positions necessitate
provision  | 
| of State housing.  The criteria shall include the specific
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| employee responsibilities that can only be performed  | 
| effectively by occupying
State housing.
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| (Source: P.A. 89-214, eff. 8-4-95.)
 
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|     (15 ILCS 315/Act rep.)
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|     Section 8. The State Museum Construction Act is repealed.
 
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|     (20 ILCS 805/805-320 rep.)
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|     (20 ILCS 805/805-435 rep.)
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|     (20 ILCS 805/805-505 rep.)
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|     Section 10. The Department of Natural Resources  | 
| (Conservation) Law of the
Civil Administrative Code of Illinois  | 
| is amended  by repealing Sections 805-320, 805-435, and 805-505.
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|  | 
|     Section 15. The Illinois Geographic Information Council  | 
| Act is amended  by changing Sections 5-20 and 5-30 as follows:
 
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|     (20 ILCS 1128/5-20)
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|     Sec. 5-20. Meetings. The Council shall meet upon the call  | 
| of its
chairmen
and shall meet at least twice a year.
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| (Source: P.A. 94-961, eff. 6-27-06.)
 
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|     (20 ILCS 1128/5-30)
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|     Sec. 5-30. Evaluation of proposals. 
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|     The Council shall evaluate proposals made by the User  | 
| Advisory Committee and
make recommendations to the Governor and  | 
| General Assembly on the efficient
development, use, and funding  | 
| of geographic information management technology
(GIMT) for  | 
| Illinois' State, regional, local, and academic agencies and
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| institutions.
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|     These include:
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|         (1) Standards for the collection (geodetic),  | 
| maintenance, dissemination,
and documentation of spatial  | 
| data, consistent with established and on-going
development  | 
| of national standards and guidelines when applicable.
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|         (2) Funding strategies that encourage and support the  | 
| use of GIMT at local
levels of government.
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|         (3) Examining the impacts of the Freedom of Information  | 
| Act as it applies
to digital data dissemination.
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|  | 
|         (4) Statewide basemap development.
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|         (5) The development of multiyear strategies for  | 
| integration of GIMT in
Illinois.
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|         (6) (Blank). The Council shall report to the Governor  | 
| and the General Assembly by
January 31st of each year on:
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|             (a) the current status of efforts to integrate GIMT  | 
| into the decision
making, evaluation, planning, and  | 
| management activities of State and local
governments;
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|             (b) the current status of integration of State and  | 
| local government
efforts with those of the federal  | 
| government and the private sector; and
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|             (c) Council objectives for the next 12-month  | 
| period.
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|         (7) As necessary, the Council may enter into agreements  | 
| with professional
non-profit organizations to achieve its  | 
| objectives.
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|         (8) The Council may accept grants and gifts from  | 
| corporations, for-profit
or not-for-profit, or  | 
| associations for the purpose of conducting research,
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| evaluations, or demonstration projects directed towards  | 
| the development of an
integrated statewide system of  | 
| geographic information management technology.
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| (Source: P.A. 94-961, eff. 6-27-06.)
 
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|     (20 ILCS 1128/5-15 rep.)
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|     Section 20. The Illinois Geographic Information Council  | 
|  | 
| Act is amended  by repealing Section 5-15.
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|     (30 ILCS 768/Act rep.)
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|     Section 27. The Park and Recreational Facility  | 
| Construction Act is repealed.
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|     Section 30. The Counties Code is amended  by changing  | 
| Section 5-1062 as follows:
 
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|     (55 ILCS 5/5-1062)  (from Ch. 34, par. 5-1062)
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|     Sec. 5-1062. Stormwater management. 
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|     (a) The purpose of this Section is to allow management and  | 
| mitigation of the
effects of urbanization on stormwater  | 
| drainage in metropolitan counties located
in the area served by  | 
| the Northeastern Illinois Planning Commission, and
references  | 
| to "county" in this Section shall apply only to those counties.
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| This Section shall not apply to any county with a population in  | 
| excess of
1,500,000, except as provided in subsection (c). The  | 
| purpose of this Section
shall be achieved by:
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|         (1) consolidating the existing stormwater management  | 
| framework into a
united, countywide structure;
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|         (2) setting minimum standards for floodplain and  | 
| stormwater management;
and
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|         (3) preparing a countywide plan for the management of  | 
| stormwater runoff,
including the management of natural and  | 
| man-made drainageways.  The countywide
plan may incorporate  | 
|  | 
| watershed plans.
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|     (b) A stormwater management planning committee shall be  | 
| established by
county board resolution, with its membership  | 
| consisting of equal numbers of
county board and municipal  | 
| representatives from each county board
district, and such other  | 
| members as may be determined by the county and
municipal  | 
| members.  However, if the county has more than 6 county board
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| districts, the county board may by ordinance divide the county  | 
| into not
less than 6 areas of approximately equal population,  | 
| to be used instead of
county board districts for the purpose of  | 
| determining representation on the
stormwater management  | 
| planning committee.
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|     The county board members shall be appointed by the chairman  | 
| of the county
board.  Municipal members from each county board  | 
| district or other
represented area shall be appointed by a  | 
| majority vote of the mayors of
those municipalities which have  | 
| the greatest percentage of their respective
populations  | 
| residing in such county board district or other represented
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| area.  All municipal and county board representatives shall be  | 
| entitled
to a vote; the other members shall be nonvoting  | 
| members, unless authorized
to vote by the unanimous consent of  | 
| the municipal and county board
representatives. A municipality  | 
| that is located in more than one county may
choose, at the time  | 
| of formation of the stormwater management planning
committee  | 
| and based on watershed boundaries, to participate in the
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| stormwater management planning program of either or both of the  | 
|  | 
| counties.
Subcommittees of the stormwater management planning  | 
| committee may be
established to serve a portion of the county  | 
| or a particular drainage basin
that has similar stormwater  | 
| management needs.  The stormwater management
planning committee  | 
| shall adopt by-laws, by a majority vote of the county and
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| municipal members, to govern the functions of the committee and  | 
| its
subcommittees. Officers of the committee shall include a  | 
| chair and vice chair,
one of whom shall be a county  | 
| representative and one a municipal
representative.
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|     The principal duties of the committee shall be to develop a  | 
| stormwater
management plan for presentation to and approval by  | 
| the county board, and
to direct the plan's implementation and  | 
| revision. The committee may retain
engineering, legal and  | 
| financial advisors and inspection personnel.  The
committee  | 
| shall meet at least quarterly and shall hold at least one  | 
| public
meeting during the preparation of the plan and prior to  | 
| its submittal to the
county board.
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|     (c) In the preparation of a stormwater management plan, a  | 
| county
stormwater management planning committee shall  | 
| coordinate the planning
process with each adjoining county to  | 
| ensure that recommended stormwater
projects will have no  | 
| significant impact on the levels or flows of
stormwaters in  | 
| inter-county watersheds or on the capacity of existing and
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| planned stormwater retention facilities.  An adopted stormwater  | 
| management
plan shall identify steps taken by the county to  | 
| coordinate the development
of plan recommendations with  | 
|  | 
| adjoining counties.
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|     (d) (Blank). Before the stormwater management planning  | 
| committee recommends to the
county board a stormwater  | 
| management plan for the county or a portion thereof,
it shall  | 
| submit the plan to the Office of Water Resources of the  | 
| Department of Natural Resources and to the Northeastern  | 
| Illinois Planning
Commission for review and recommendations.   | 
| The Office
and the Commission, in reviewing the plan, shall  | 
| consider such factors as
impacts on the levels or flows in  | 
| rivers and streams and the cumulative effects
of stormwater  | 
| discharges on flood levels.  The Office of Water Resources shall  | 
| determine whether the
plan or ordinances enacted to implement  | 
| the plan complies with the requirements
of subsection (f).   | 
| Within a period not to exceed 60 days, the review comments
and  | 
| recommendations shall be submitted to the stormwater  | 
| management planning
committee for consideration.  Any  | 
| amendments to the plan shall be
submitted to the Office and the  | 
| Commission for review.
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|     (e) Prior to recommending the plan to the county board, the  | 
| stormwater
management planning committee shall hold at least  | 
| one public hearing thereon
and shall afford interested persons  | 
| an opportunity to be heard.  The hearing
shall be held in the  | 
| county seat.  Notice of the hearing shall be published at
least  | 
| once no less than 15 days in advance thereof in a newspaper of  | 
| general
circulation published in the county.  The notice shall  | 
| state the time and place
of the hearing and the place where  | 
|  | 
| copies of the proposed plan will be
accessible for examination  | 
| by interested parties.  If an affected municipality
having a  | 
| stormwater management plan adopted by ordinance wishes to  | 
| protest the
proposed county plan provisions, it shall appear at  | 
| the hearing and submit in
writing specific proposals to the  | 
| stormwater management planning committee.
After consideration  | 
| of the matters raised at the hearing, the committee may
amend  | 
| or approve the plan and recommend it to the county board for  | 
| adoption.
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|     The county board may enact the proposed plan by ordinance.   | 
| If the
proposals for modification of the plan made by an  | 
| affected municipality having
a stormwater management plan are  | 
| not included in the proposed county plan,
and the municipality  | 
| affected by the plan opposes adoption of the county
plan by  | 
| resolution of its corporate authorities, approval of
the county  | 
| plan shall require an affirmative vote of at least two-thirds  | 
| of the
county board members present and voting.  If the county  | 
| board wishes to
amend the county plan, it shall submit in  | 
| writing specific proposals to the
stormwater management  | 
| planning committee.  If the proposals are not
approved by the  | 
| committee, or are opposed by resolution of the corporate
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| authorities of an affected municipality having a municipal  | 
| stormwater
management plan, amendment of the plan shall require  | 
| an affirmative vote of
at least two-thirds of the county board  | 
| members present and voting.
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|     (f) The county board may prescribe by ordinance reasonable  | 
|  | 
| rules and
regulations for floodplain management and for  | 
| governing the location,
width, course and release rate of all  | 
| stormwater runoff channels, streams
and basins in the county,  | 
| in accordance with the adopted stormwater
management plan.   | 
| These rules and regulations shall, at a minimum, meet
the  | 
| standards for floodplain management established by the Office  | 
| of Water Resources and
the requirements of the Federal  | 
| Emergency Management Agency for participation
in the National  | 
| Flood Insurance Program.
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|     (g) In accordance with, and if recommended in, the adopted  | 
| stormwater
management plan, the county board may adopt a  | 
| schedule of fees
as may be necessary to mitigate the effects of  | 
| increased stormwater runoff
resulting from new development.   | 
| The fees shall not exceed the cost of
satisfying the onsite  | 
| stormwater retention or detention requirements of the
adopted  | 
| stormwater management plan.  The fees shall be used to finance
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| activities undertaken by the county or its included  | 
| municipalities to
mitigate the effects of urban stormwater  | 
| runoff by providing regional
stormwater retention or detention  | 
| facilities, as identified in the county
plan.  All such fees  | 
| collected by the county shall be held in a separate fund,
and  | 
| shall be expended only in the watershed within which they were  | 
| collected.
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|     (h) For the purpose of implementing this Section and for  | 
| the
development, design, planning, construction, operation and  | 
| maintenance of
stormwater facilities provided for in the  | 
|  | 
| stormwater management plan, a
county board that has established  | 
| a stormwater management planning
committee pursuant to this  | 
| Section may cause an annual tax of not to exceed
0.20% of the  | 
| value, as equalized or assessed by the Department of Revenue,
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| of all taxable property in the county to be levied upon all the  | 
| taxable
property in the county.  The tax shall be in addition to  | 
| all other taxes
authorized by law to be levied and collected in  | 
| the county and shall be in
addition to the maximum tax rate  | 
| authorized by law for general county
purposes.  The 0.20%  | 
| limitation provided in this Section may be increased
or  | 
| decreased by referendum in accordance with the provisions of  | 
| Sections
18-120, 18-125, and 18-130 of the Property Tax Code.
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|     Any revenues generated as a result of ownership or  | 
| operation of facilities
or land acquired with the tax funds  | 
| collected pursuant to this subsection
(h) shall be held in a  | 
| separate fund and be used either to abate such
property tax or  | 
| for implementing this Section.
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|     However, unless at least part of the county has been  | 
| declared after
July 1, 1986 by presidential proclamation to be  | 
| a disaster area as a result
of flooding, the tax authorized by  | 
| this subsection (h) shall not be levied
until the question of  | 
| its adoption, either for a specified period or
indefinitely,  | 
| has been submitted to the electors thereof and approved by a
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| majority of those voting on the question.  This question may be  | 
| submitted
at any election held in the county after the adoption  | 
| of a resolution by
the county board providing for the  | 
|  | 
| submission of the question to the
electors of the county.  The  | 
| county board shall certify the resolution and
proposition to  | 
| the proper election officials, who shall submit the
proposition  | 
| at an election in accordance with the general election law.  If
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| a majority of the votes cast on the question is in favor of the  | 
| levy of
the tax, it may thereafter be levied in the county for  | 
| the specified
period or indefinitely, as provided in the  | 
| proposition. The question shall
be put in substantially the  | 
| following form:
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| ------------------------------------------------------------- 
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|     Shall an annual tax be levied
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| for stormwater management purposes            YES
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| (for a period of not more than
 | 
| ...... years) at a rate not exceeding      ------------------
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| .....% of the equalized assessed
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| value of the taxable property of              NO
 | 
| ........ County?
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| ------------------------------------------------------------- 
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|     (i) Upon the creation and implementation of a county  | 
| stormwater management
plan, the county may petition the circuit  | 
| court to dissolve any or all drainage
districts created  | 
| pursuant to the Illinois Drainage Code or predecessor Acts
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| which are located entirely within the area of the county  | 
| covered by the plan.
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|     However, any active drainage district implementing a plan  | 
| that is
consistent with and at least as stringent as the county  | 
|  | 
| stormwater
management plan may petition the stormwater  | 
| management planning committee
for exception from dissolution.   | 
| Upon filing of the petition, the committee
shall set a date for  | 
| hearing not less than 2 weeks, nor more than 4 weeks,
from the  | 
| filing thereof, and the committee shall give at least one  | 
| week's
notice of the hearing in one or more newspapers of  | 
| general circulation
within the district, and in addition shall  | 
| cause a copy of the notice to be
personally served upon each of  | 
| the trustees of the district.  At the
hearing, the committee  | 
| shall hear the district's petition and allow the
district  | 
| trustees and any interested parties an opportunity to present  | 
| oral
and written evidence.  The committee shall render its  | 
| decision upon the
petition for exception from dissolution based  | 
| upon the best interests of
the residents of the district.  In  | 
| the event that the exception is not
allowed, the district may  | 
| file a petition within 30 days of the decision
with the circuit  | 
| court.  In that case, the notice and hearing requirements
for  | 
| the court shall be the same as herein provided for the  | 
| committee.
The court shall likewise render its decision of  | 
| whether to dissolve the
district based upon the best interests  | 
| of residents of the district.
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|     The dissolution of any drainage district shall not affect  | 
| the obligation
of any bonds issued or contracts entered into by  | 
| the district nor
invalidate the levy, extension or collection  | 
| of any taxes or special
assessments upon the property in the  | 
| former drainage district.  All property
and obligations of the  | 
|  | 
| former drainage district shall be assumed and
managed by the  | 
| county, and the debts of the former drainage district shall
be  | 
| discharged as soon as practicable.
 | 
|     If a drainage district lies only partly within a county  | 
| that adopts a
county stormwater management plan, the county may  | 
| petition the circuit
court to disconnect from the drainage  | 
| district that portion of the district
that lies within that  | 
| county.  The property of the drainage district within the
 | 
| disconnected area shall be assumed and managed by the county.   | 
| The county shall
also assume a portion of the drainage  | 
| district's debt at the time of
disconnection, based on the  | 
| portion of the value of the taxable property of the
drainage  | 
| district which is located within the area being disconnected.
 | 
|     The operations of any drainage district that continues to  | 
| exist in a
county that has adopted a stormwater management plan  | 
| in accordance with
this Section shall be in accordance with the  | 
| adopted plan.
 | 
|     (j) Any county that has adopted a county stormwater  | 
| management plan
under this Section may, after 10 days written  | 
| notice to the owner or
occupant, enter upon any lands or waters  | 
| within the county for the purpose
of inspecting stormwater  | 
| facilities or causing the removal of any
obstruction to an  | 
| affected watercourse.  The county shall be responsible
for any  | 
| damages occasioned thereby.
 | 
|     (k) Upon petition of the municipality, and based on a  | 
| finding of the
stormwater management planning committee, the  | 
|  | 
| county shall not enforce
rules and regulations adopted by the  | 
| county in any municipality located
wholly or partly within the  | 
| county that has a municipal stormwater
management ordinance  | 
| that is consistent with and at least as stringent as
the county  | 
| plan and ordinance, and is being enforced by the municipal
 | 
| authorities.
 | 
|     (l) A county may issue general obligation bonds for  | 
| implementing any
stormwater plan adopted under this Section in  | 
| the manner prescribed in
Section 5-1012; except that the  | 
| referendum requirement of Section 5-1012 shall
not apply to  | 
| bonds issued pursuant to this Section on which the principal  | 
| and
interest are to be paid entirely out of funds generated by  | 
| the taxes and fees
authorized by this Section.
 | 
|     (m) The powers authorized by this Section may be  | 
| implemented by the
county board for a portion of the county  | 
| subject to similar stormwater
management needs.
 | 
|     (n) The powers and taxes authorized by this Section are in  | 
| addition to the
powers and taxes authorized by Division 5-15;  | 
| in exercising its powers
under this Section, a county shall not  | 
| be subject to the restrictions and
requirements of that  | 
| Division.
 | 
|     (o) Pursuant to paragraphs (g) and (i) of Section 6 of  | 
| Article VII of
the Illinois Constitution, this Section  | 
| specifically denies and limits the
exercise of any power which  | 
| is inconsistent herewith by home rule units in
any county with  | 
| a population of less than 1,500,000 in the area served by
the  | 
|  | 
| Northeastern Illinois Planning Commission.  This Section does  | 
| not
prohibit the concurrent exercise of powers consistent  | 
| herewith.
 | 
| (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
 | 
|     Section 45. The Energy Assistance Act is amended  by  | 
| changing Section 5 as follows:
 
 | 
|     (305 ILCS 20/5)  (from Ch. 111 2/3, par. 1405)
 | 
|     Sec. 5. Policy Advisory Council. 
 | 
|     (a) Within the Department of Commerce and Economic  | 
| Opportunity is created a
Low Income Energy Assistance Policy  | 
| Advisory Council.
 | 
|     (b) The Council shall be chaired by the Director
of  | 
| Commerce and Economic Opportunity or his or her designee. There  | 
| shall be 19 20
members of the Low Income Energy Assistance  | 
| Policy Advisory Council, including
the chairperson and the  | 
| following members:
 | 
|         (1) one member designated by the Illinois Commerce
 | 
| Commission;
 | 
|         (2) (blank); one member designated by the Illinois  | 
| Department of
Natural Resources;
 | 
|         (3) one member designated by the Illinois Energy
 | 
| Association to represent electric public utilities serving  | 
| in excess of 1
million customers in this State;
 | 
|         (4) one member agreed upon by gas public utilities
that
 | 
|  | 
| serve more than 500,000  and fewer than 1,500,000 customers  | 
| in this State;
 | 
|         (5) one member agreed upon by gas public utilities that  | 
| serve 1,500,000 or
more customers in this State;
 | 
|         (6) one member designated by the Illinois Energy
 | 
| Association to represent combination gas and electric  | 
| public utilities;
 | 
|         (7) one member agreed upon by the Illinois Municipal
 | 
| Electric Agency and the Association of Illinois Electric  | 
| Cooperatives;
 | 
|         (8) one member agreed upon by the Illinois Industrial
 | 
| Energy Consumers;
 | 
|         (9) three members designated by the Department to
 | 
| represent low income energy consumers;
 | 
|         (10) two members designated by the Illinois Community  | 
| Action Association
to
represent local agencies that assist  | 
| in the administration of this Act;
 | 
|         (11) one member designated by the Citizens Utility  | 
| Board
to represent residential energy consumers;
 | 
|         (12) one member designated by the Illinois Retail
 | 
| Merchants Association to represent commercial energy  | 
| customers;
 | 
|         (13) one member designated by the Department to
 | 
| represent independent energy providers; and
 | 
|         (14) three members designated by the Mayor of the City  | 
| of Chicago.
 | 
|  | 
|     (c) Designated and appointed members shall serve 2 year  | 
| terms and
until their successors are appointed and qualified.  | 
| The designating
organization shall notify the chairperson of  | 
| any changes or substitutions of a
designee within 10 business  | 
| days of a change or substitution. Members shall
serve without  | 
| compensation, but may receive reimbursement for actual costs
 | 
| incurred in fulfilling their duties as members of the Council.
 | 
|     (d) The Council shall have the following duties:
 | 
|         (1) to monitor the administration of this Act to ensure
 | 
| effective, efficient, and coordinated program development  | 
| and implementation;
 | 
|         (2) to assist the Department in developing and
 | 
| administering rules and regulations required to be  | 
| promulgated pursuant to this
Act in a manner consistent  | 
| with the purpose and objectives of this Act;
 | 
|         (3) to facilitate and coordinate the collection and
 | 
| exchange of all program data and other information needed  | 
| by the Department and
others in fulfilling their duties  | 
| pursuant to this Act;
 | 
|         (4) to advise the Department on the proper level of
 | 
| support required for effective administration of the Act;
 | 
|         (5) to provide a written opinion concerning any
 | 
| regulation proposed pursuant to this Act, and to review and  | 
| comment on any
energy assistance or related plan required  | 
| to be prepared by the Department;
 | 
|         (6) to advise the Department on the use of funds  | 
|  | 
| collected pursuant to
Section 11 of this Act, and on any  | 
| changes to existing low income energy
assistance programs  | 
| to make effective use of such funds, so long as such uses
 | 
| and changes are consistent with the requirements of the  | 
| Act.
 | 
| (Source: P.A. 94-793, eff. 5-19-06.)
 
 | 
|     (305 ILCS 20/8 rep.)
 | 
|     Section 50. The Energy Assistance Act is amended  by  | 
| repealing Section 8.
 | 
|     Section 55. The Interstate Ozone Transport Oversight Act is  | 
| amended  by changing Section 20 as follows:
 
 | 
|     (415 ILCS 130/20)
 | 
|     Sec. 20. Legislative referral and public hearings. 
 | 
|     (a) Not later than 10 days after the development of any  | 
| proposed
memorandum of understanding by the Ozone Transport  | 
| Assessment Group
potentially requiring the State of Illinois to  | 
| undertake emission reductions
in addition to those specified by  | 
| the Clean Air Act Amendments of 1990, or
subsequent to the  | 
| issuance of a request made by the United States Environmental
 | 
| Protection Agency on or after June 1, 1997 for
submission of a  | 
| State Implementation Plan for Illinois relating to ozone
 | 
| attainment and before submission of the Plan, the
Director  | 
| shall submit
the proposed memorandum of understanding or State  | 
|  | 
| Implementation Plan to
the House Committee and the Senate
 | 
| Committee for their consideration.  At that time, the Director  | 
| shall also
submit information detailing any alternate  | 
| strategies.
 | 
|     (b) To assist the legislative review required by this Act,  | 
| the Department
of Natural Resources and the Department of  | 
| Commerce and Economic Opportunity shall
conduct a joint study  | 
| of the impacts on the State's economy which may result
from  | 
| implementation of the emission reduction strategies contained  | 
| within any
proposed memorandum of understanding or State  | 
| Implementation Plan relating to
ozone and from implementation  | 
| of any alternate
strategies.  The study shall include, but not  | 
| be limited to, the impacts on
economic development, employment,  | 
| utility costs and rates, personal income, and
industrial  | 
| competitiveness which may result from implementation of the  | 
| emission
reduction strategies contained within any proposed  | 
| memorandum of agreement or
State Implementation Plan relating  | 
| to ozone and
from implementation of any alternate strategies.   | 
| The study shall be
submitted
to the House Committee and Senate  | 
| Committee not less than 10 days prior to any
scheduled hearing  | 
| conducted pursuant to subsection (c) of this Section.
 | 
|     (c) Upon receipt of the information required by subsections  | 
| (a) and (b) of
this Section, the House Committee and Senate  | 
| Committee shall each convene
one or more public hearings to  | 
| receive comments from agencies of government and
other  | 
| interested parties on the memorandum of understanding's or  | 
|  | 
| State
Implementation Plan's prospective
economic and  | 
| environmental impacts, including its impacts on energy use,
 | 
| economic development, utility costs and rates, and  | 
| competitiveness.
Additionally,
comments shall be received on  | 
| the prospective economic and environmental
impacts, including  | 
| impacts on energy use, economic development, utility
costs and  | 
| rates, and competitiveness, which may result from  | 
| implementation of
any
alternate strategies.
 | 
| (Source: P.A. 94-793, eff. 5-19-06.)
 
 | 
|     (515 ILCS 5/1-235 rep.)
 | 
|     Section 60. The Fish and Aquatic Life Code is amended  by  | 
| repealing Section 1-235.
 
 | 
|     (520 ILCS 20/2 rep.)
 | 
|     (520 ILCS 20/6 rep.)
 | 
|     (520 ILCS 20/7 rep.)
 | 
|     (520 ILCS 20/8 rep.)
 | 
|     (520 ILCS 20/9 rep.)
 | 
|     Section 65. The Wildlife Habitat Management Areas Act is  | 
| amended  by repealing Sections 2, 6, 7, 8, and 9.
 | 
|     Section 70. The Rivers, Lakes, and Streams Act is amended   | 
| by changing Section 23a as follows:
 
 | 
|     (615 ILCS 5/23a)  (from Ch. 19, par. 70a)
 | 
|  | 
|     Sec. 23a. The Department is authorized to carry out  | 
| inspections of any
dam within the State, and to establish  | 
| standards and issue permits for the
safe construction of new  | 
| dams and the reconstruction, repair, operation
and maintenance  | 
| of all existing dams.  If any inspection carried out
by the  | 
| Department or by a federal agency in which the Department  | 
| concurs
determines that a dam is in an unsafe condition, the  | 
| Department shall
so notify the appropriate public officials of  | 
| the affected city or county,
the State's Attorney of the county  | 
| in which the dam is located, and the
Illinois Emergency  | 
| Management Agency.
 | 
|     The Department may compel the installation of fishways in  | 
| dams wherever
deemed necessary.
 | 
|     The Department may establish by rule minimum water levels  | 
| for water behind
dams on streams and rivers as necessary to  | 
| preserve the fish and other aquatic
life and to safeguard the  | 
| health of the community.
 | 
|     Upon a determination of the Department that a dam  | 
| constitutes a serious
threat to life or a threat of substantial  | 
| property damage, the Department
may issue orders to require  | 
| changes in the structure or its operation or
maintenance  | 
| necessary for proper control of water levels at normal stages
 | 
| and for the disposal of flood waters and for the protection of  | 
| navigation
and any persons or property situated downstream from  | 
| the dam or to otherwise
remove the threat provided, however,  | 
| that no existing dam, based solely
upon the enactment by any  | 
|  | 
| governmental unit of any new rule, regulation,
ordinance, law,  | 
| or other requirement passed after the construction of the
dam,  | 
| shall be deemed to constitute a serious threat to life or a  | 
| threat of
substantial property damage if it was designed and  | 
| constructed under a
permit from the State of Illinois in  | 
| conformance with all applicable
standards existing at the time  | 
| of its construction and is in good repair.
 | 
|     The Department shall be required, prior to taking any  | 
| action to compel
alteration or breaching of any dam, to furnish  | 
| in writing to the owner of
the dam (1) a detailed and specific  | 
| list of defects discovered in the course
of inspection of the  | 
| dam, including the specific nature of any inadequacies
in the  | 
| capacity of the spillway system and any indications of seepage,  | 
| erosion,
or other evidence of structural deficiency in the dam  | 
| or spillway; and (2)
a statement of the applicable standards  | 
| that if complied with by the owner
of the dam would put the dam  | 
| into compliance with the State's requirements.
 | 
|     No order shall be issued requiring alteration of any  | 
| existing dam until after
notice and opportunity for hearing has  | 
| been provided by the Department to the
dam owners.  If the owner  | 
| or owners of the dam are unknown, notice will be
provided by  | 
| publication in a newspaper of general circulation in the county  | 
| in
which the structure is located.  Any order issued under this  | 
| Section shall
include a statement of the findings supporting  | 
| the order.
 | 
|     Opportunity for hearing is not required in emergency  | 
|  | 
| situations when the
Department finds there is imminent hazard  | 
| to personal public safety of people.
 | 
|     The Department may enforce the provisions of this Section  | 
| and of rules
and orders issued hereunder by injunction or other
 | 
| appropriate action.
 | 
|     Neither the Department of Natural Resources nor
employees  | 
| or agents of the Department shall be liable for damages  | 
| sustained
through the partial or total failure of any dam or  | 
| the operation or maintenance
of any dam by reason of the  | 
| Department's regulation thereof.  Nothing in this
Act shall  | 
| relieve an owner or operator of a dam from the legal duties,
 | 
| obligations, and liabilities arising from ownership or  | 
| operation.
 | 
|     The Department shall review and update its operations  | 
| manuals for the Algonquin Dam and the  William G. Stratton Lock  | 
| and Dam on an annual basis.  | 
| (Source: P.A. 96-388, eff. 1-1-10.)
 
 | 
|     Section 999. Effective date. This Act takes effect upon  | 
| becoming law.
 |