Sen. Michael W. Frerichs
Filed: 3/14/2013
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1 | AMENDMENT TO SENATE BILL 1589
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2 | AMENDMENT NO. ______. Amend Senate Bill 1589 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Finance Authority Act is amended | ||||||
5 | by changing Section 825-95 as follows: | ||||||
6 | (20 ILCS 3501/825-95)
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7 | Sec. 825-95. Emerald ash borer revolving loan program. | ||||||
8 | (a) The Illinois Finance Authority may shall administer an | ||||||
9 | emerald ash borer revolving loan program. The program shall | ||||||
10 | provide low-interest or zero-interest loans to units of local | ||||||
11 | government for the treatment of standing trees and replanting | ||||||
12 | of trees on public lands that are within emerald ash borer | ||||||
13 | quarantine areas as established by the Illinois Department of | ||||||
14 | Agriculture. The Authority shall make loans based on the | ||||||
15 | recommendation of the Department of Agriculture.
For the | ||||||
16 | purposes of this Section, "treatment" means the |
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1 | administration, by environmentally sensitive processes and | ||||||
2 | methods, of products and materials proven by academic research | ||||||
3 | to protect ash trees from the invasive Emerald Ash Borer, in | ||||||
4 | order to prevent or reverse the damage and save the trees. | ||||||
5 | (b) The loan funds, subject to appropriation, must be paid | ||||||
6 | out of the Emerald Ash Borer Revolving Loan Fund, a special | ||||||
7 | fund created in the State treasury. The moneys in the Fund | ||||||
8 | consist of any moneys transferred or appropriated into the Fund | ||||||
9 | as well as all repayments of loans made under this program. | ||||||
10 | Moneys in the Fund may be used only for loans to units of local | ||||||
11 | government for the treatment of standing trees and replanting | ||||||
12 | of trees within emerald ash borer quarantine areas established | ||||||
13 | by the Department of Agriculture and for no other purpose. All | ||||||
14 | interest earned on moneys in the Fund must be deposited into | ||||||
15 | the Fund.
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16 | (c) A loan for the treatment of standing trees and | ||||||
17 | replanting of trees on public lands within emerald ash borer | ||||||
18 | quarantine areas established by the Department of Agriculture | ||||||
19 | may not exceed $5,000,000 to any one unit of local government. | ||||||
20 | The repayment period for the loan may not exceed 20 years. The | ||||||
21 | unit of local government shall repay, each year, at least 5% of | ||||||
22 | the principal amount borrowed or the remaining balance of the | ||||||
23 | loan, whichever is less. All repayments of loans must be | ||||||
24 | deposited into the Emerald Ash Borer Revolving Loan Fund.
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25 | (d) Any loan under this Section to a unit of local | ||||||
26 | government may not exceed the moneys that the unit of local |
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1 | government expends or dedicates for the reforestation project | ||||||
2 | for which the loan is made.
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3 | (e) The Department of Agriculture may enter into agreements | ||||||
4 | with a unit of local government under which the unit of local | ||||||
5 | government is authorized to assist the Department in carrying | ||||||
6 | out its duties in a quarantined area, including inspection and | ||||||
7 | eradication of any dangerous insect or dangerous plant disease, | ||||||
8 | and including the transportation, processing, and disposal of | ||||||
9 | diseased material. The Department is authorized to provide | ||||||
10 | compensation or financial assistance to the unit of local | ||||||
11 | government for its costs.
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12 | (f) The Authority, with the assistance of the Department of | ||||||
13 | Agriculture and the Department of Natural Resources, shall | ||||||
14 | adopt rules to administer the program under this Section.
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15 | (Source: P.A. 95-588, eff. 9-4-07; 95-876, eff. 8-21-08.) | ||||||
16 | Section 10. The Illinois Municipal Code is amended by | ||||||
17 | changing Section 11-20-12 as follows:
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18 | (65 ILCS 5/11-20-12) (from Ch. 24, par. 11-20-12)
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19 | Sec. 11-20-12. Removal of infected trees. | ||||||
20 | (a) The corporate authorities of each municipality may | ||||||
21 | provide for the treatment or
removal of elm trees infected with | ||||||
22 | Dutch elm disease or ash trees infected with the emerald ash | ||||||
23 | borer (Agrilus planipennis Fairmaire) from any parcel of | ||||||
24 | private property within the municipality if the owners of that |
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1 | parcel, after reasonable notice, refuse or neglect to treat or | ||||||
2 | remove the infected trees. The municipality may collect, from | ||||||
3 | the owners of the parcel, the reasonable removal cost. | ||||||
4 | (b) The municipality's removal cost under this Section is a | ||||||
5 | lien upon the underlying parcel in accordance with Section | ||||||
6 | 11-20-15. | ||||||
7 | (c) For the purpose of this Section, "removal cost" means | ||||||
8 | the total cost of the removal of the infected trees. | ||||||
9 | "Treatment" means the administration, by environmentally | ||||||
10 | sensitive processes and methods, of products and materials | ||||||
11 | proven by academic research to protect elm and ash trees from | ||||||
12 | an invasive disease in order to prevent or reverse the damage | ||||||
13 | and save the trees.
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14 | (d) In the case of an abandoned residential property as | ||||||
15 | defined in Section 11-20-15.1, the municipality may elect to | ||||||
16 | obtain a lien for the removal cost pursuant to Section | ||||||
17 | 11-20-15.1, in which case the provisions of Section 11-20-15.1 | ||||||
18 | shall be the exclusive remedy for the removal cost. | ||||||
19 | The provisions of this subsection (d), other than this | ||||||
20 | sentence, are inoperative upon certification by the Secretary | ||||||
21 | of the Illinois Department of Financial and Professional | ||||||
22 | Regulation, after consultation with the United States | ||||||
23 | Department of Housing and Urban Development, that the Mortgage | ||||||
24 | Electronic Registration System program is effectively | ||||||
25 | registering substantially all mortgaged residential properties | ||||||
26 | located in the State of Illinois, is available for access by |
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1 | all municipalities located in the State of Illinois without | ||||||
2 | charge to them, and such registration includes the telephone | ||||||
3 | number for the mortgage servicer. | ||||||
4 | (Source: P.A. 95-183, eff. 8-14-07; 96-462, eff. 8-14-09; | ||||||
5 | 96-856, eff. 3-1-10.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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