Illinois 94th Regular Session Status: Enacted

SB 431 — SAFETY-TECH

Last action — Public Act . . . . . . . . . 94-0272

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2005. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    0 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Environmental Protection Act. Makes a technical change in a Section concerning proposal of regulations.

Bill Text

What changed in the latest version

1411 added · 1888 removed

Plain-language change summary

The latest version of Bill SB 431 includes amendments that clarify definitions and processes related to construction and demolition debris under the Environmental Protection Act. Notably, the bill adds specific provisions for what constitutes "general construction or demolition debris," emphasizing the handling of non-hazardous materials to ensure they are properly classified. This change is important because it aims to improve waste management practices and promote recycling, ultimately reducing environmental impacts from construction activities.

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SB0431 Engrossed LRB094 09305 RSP 39545 b AN ACT concerning safety.
SB0431 Enrolled LRB094 09305 RSP 39545 b AN ACT concerning safety.
Section 5.
The State Finance Act is amended by adding Section 5.640 as follows:
(30 ILCS 105/5.640 new) Sec.
5.640.
The Clean Communities Recycling Fund.
The Environmental Protection Act is amended by changing Sections 21.3, 22.44, 34, 39, 42, and 58.8 and by adding Sections 4.2, 21.7, 22.15a, 22.50, 22.51, and 22.52 as follows:
The Environmental Protection Act is amended by changing Sections 3.160, 21.3, 22.44, 34, 39, 42, and 58.8 and by adding Sections 22.15a, 22.50, 22.51, and 22.52 as follows:
(415 ILCS 5/4.2 new) Sec.
(415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a) Sec.
4.2.
3.160.
Guidance documents.
Construction or demolition debris.
The Agency is authorized to prepare and distribute guidance documents relative to its administration of this Act and rules adopted pursuant to this Act.
(a) General construction or demolition debris" means non-hazardous, uncontaminated materials resulting from the construction, remodeling, repair, and demolition of utilities, structures, and roads, limited to the following:
These documents shall not be considered rules for the purposes of the Illinois Administrative Procedure Act.
bricks, concrete, and other masonry materials;
(415 ILCS 5/21.3) (from Ch.
soil;
rock;
wood, including non-hazardous painted, treated, and coated wood and wood products;
wall coverings;
plaster;
drywall;
plumbing fixtures;
non-asbestos insulation;
roofing shingles and other roof coverings;
reclaimed asphalt pavement;
glass;
plastics that are not sealed in a manner that conceals waste;
electrical wiring and components containing no hazardous substances;
and piping or metals incidental to any of those materials.
General construction or demolition debris does not include uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads provided the uncontaminated soil is not commingled with any general construction or demolition debris or other waste.
To the extent allowed by federal law, uncontaminated concrete with protruding rebar shall be considered clean construction or demolition debris and shall not be considered "waste" if it is separated or processed and returned to the economic mainstream in the form of raw materials or products within 4 years of its generation, if it is not speculatively accumulated and, if used as a fill material, it is used in SB0431 Enrolled - 2 - LRB094 09305 RSP 39545 b accordance with item (i) in subsection (b) of this Section within 30 days of its generation.
(b) "Clean construction or demolition debris" means uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, reclaimed asphalt pavement, or soil generated from construction or demolition activities.
Clean construction or demolition debris does not include uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads provided the uncontaminated soil is not commingled with any clean construction or demolition debris or other waste.
To the extent allowed by federal law, clean construction or demolition debris shall not be considered "waste" if it is (i) used as fill material outside of a setback zone if the fill is placed no higher than the highest point of elevation existing prior to the filling immediately adjacent to the fill area, and if covered by sufficient uncontaminated soil to support vegetation within 30 days of the completion of filling or if covered by a road or structure, or (ii) separated or processed and returned to the economic mainstream in the form of raw materials or products, if it is not speculatively accumulated and, if used as a fill material, it is used in accordance with item (i) within 30 days of its generation, or (iii) solely broken concrete without protruding metal bars used for erosion control, or (iv) generated from the construction or demolition of a building, road, or other structure and used to construct, on the site where the construction or demolition has taken place, a manmade functional structure not to exceed 20 feet above the highest point of elevation of the property immediately adjacent to the new manmade functional structure as that elevation existed prior to the creation of that new structure, provided that the structure shall be covered with sufficient soil materials to sustain vegetation or by a road or structure, and further provided that no such structure shall be constructed within a home rule municipality with a population over 500,000 without the consent of the municipality.
SB0431 Enrolled - 3 - LRB094 09305 RSP 39545 b (Source:
P.A.
92-574, eff.
6-26-02;
93-179, eff.
7-11-03.) (415 ILCS 5/21.3) (from Ch.
SB0431 Engrossed - 2 - LRB094 09305 RSP 39545 b (b) An environmental reclamation lien shall continue until the liability for the costs and damages, or a judgment against the person arising out of such liability, is satisfied.
(b) An environmental reclamation lien shall continue until the liability for the costs and damages, or a judgment against the person arising out of such liability, is satisfied.
For purposes of this Section, the term "bona fide" shall not include any mortgage of real or personal property or any other credit transaction that results in the mortgagee or the holder of the security acting as trustee for unsecured creditors of the liable person mentioned in the notice of lien who executed such chattel or real property mortgage or the document evidencing such credit transaction.
For purposes of this Section, the term "bona fide" shall not include any mortgage of real or personal property or any other credit transaction that results in the mortgagee or the holder of the security acting SB0431 Enrolled - 4 - LRB094 09305 RSP 39545 b as trustee for unsecured creditors of the liable person mentioned in the notice of lien who executed such chattel or real property mortgage or the document evidencing such credit transaction.
Notice of such service shall be served on SB0431 Engrossed - 3 - LRB094 09305 RSP 39545 b all lienholders of record as of the date of filing.
Notice of such service shall be served on all lienholders of record as of the date of filing.
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Interest on such debt shall begin to accrue at a rate of 12% per annum from the date of the filing of the Notice of Environmental Reclamation Lien under paragraph (c).
Interest on such debt shall begin to accrue at a rate of 12% per annum from the date of the filing of the Notice of SB0431 Enrolled - 5 - LRB094 09305 RSP 39545 b Environmental Reclamation Lien under paragraph (c).
6-26-02.) (415 ILCS 5/21.7 new) Sec.
6-26-02.) (415 ILCS 5/22.15a new) Sec.
21.7.
Clean Communities Recycling Fund.
The Clean Communities Recycling Fund is created as a special fund in the State treasury.
Moneys in the Fund shall be used, subject to appropriation, by the Agency solely for anti-litter programs, including but not limited to litter cleanup efforts by the SB0431 Engrossed - 4 - LRB094 09305 RSP 39545 b State and local governments, adopt-a-highway programs, and education efforts to encourage recycling and discourage littering.
(415 ILCS 5/22.15a new) Sec.
(B) that waste will no longer be allowed to accumulate at the site in a manner that constitutes open dumping;
(B) that waste will no longer be allowed to SB0431 Enrolled - 6 - LRB094 09305 RSP 39545 b accumulate at the site in a manner that constitutes open dumping;
(C) that the owner will hold harmless the Agency and any employee or contractor used by the Agency to SB0431 Engrossed - 5 - LRB094 09305 RSP 39545 b effect the removal for any damage to property incurred during the course of action under this subsection, except for damage incurred by gross negligence or intentional misconduct;
(C) that the owner will hold harmless the Agency and any employee or contractor used by the Agency to effect the removal for any damage to property incurred during the course of action under this subsection, except for damage incurred by gross negligence or intentional misconduct;
(2) any person with an ownership or leasehold interest in the property at the time the open dumping occurred;
SB0431 Enrolled - 7 - LRB094 09305 RSP 39545 b (2) any person with an ownership or leasehold interest in the property at the time the open dumping occurred;
and SB0431 Engrossed - 6 - LRB094 09305 RSP 39545 b (4) any person who open dumped at the property.
and (4) any person who open dumped at the property.
(A) at the time the defendant acquired the property, the defendant did not know and had no reason to know that any open dumping had occurred and the defendant undertook, at the time of acquisition, all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability;
(A) at the time the defendant acquired the property, the defendant did not know and had no reason to know that any open dumping had occurred and the defendant undertook, at the time of acquisition, all appropriate inquiries into the previous ownership and SB0431 Enrolled - 8 - LRB094 09305 RSP 39545 b uses of the property consistent with good commercial or customary practice in an effort to minimize liability;
(B) the defendant is a government entity that acquired the property by escheat or through any other SB0431 Engrossed - 7 - LRB094 09305 RSP 39545 b involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation;
(B) the defendant is a government entity that acquired the property by escheat or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation;
(j) Neither the State, the Agency, the Board, the Director, nor any State employee is liable for any damage or injury arising out of or resulting from any action taken under this Section.
(j) Except for willful and wanton misconduct, neither the State, the Director, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any act or omission occurring under the provisions of this amendatory Act of the 94th General Assembly.
(k) Before taking preventive or corrective action under this Section, the Agency shall consider whether the open dumping:
(1) occurred on public land;
(2) occurred on a public right-of-way;
(3) occurred in a park or natural area;
(4) occurred in an environmental justice area;
(5) was caused or allowed by persons other than the owner of the site;
(6) creates the potential for groundwater contamination;
(7) creates the potential for surface water SB0431 Enrolled - 9 - LRB094 09305 RSP 39545 b contamination;
(8) creates the potential for disease vectors;
(9) creates a fire hazard;
or (10) preventive or corrective action by the Agency has been requested by a unit of local government.
In taking preventive or corrective action under this Section, the Agency shall not expend more than $50,000 at any single site in response to open dumping unless:
(i) the Director determines that the open dumping poses an imminent and substantial endangerment to the public health or welfare or the environment;
or (ii) the General Assembly appropriates more than $50,000 for preventive or corrective action in response to the open dumping, in which case the Agency may spend the appropriated amount.
If a site is contiguous to one or more landfills owned or operated by the same person, the SB0431 Engrossed - 8 - LRB094 09305 RSP 39545 b volumes permanently disposed of by each landfill shall be combined for purposes of determining the fee under this subsection.
If a site is contiguous to one or more landfills owned or operated by the same person, the volumes permanently disposed of by each landfill shall be combined for purposes of determining the fee under this subsection.
(1) If more than 150,000 cubic yards of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall either pay a fee of 10.1 cents per cubic yard or, alternatively, the owner or operator may weigh the quantity of the solid waste permanently disposed of with a device for which certification has been obtained under the Weights and Measures Act and pay a fee of 22 cents per ton of waste permanently disposed of.
(1) If more than 150,000 cubic yards of non-hazardous solid waste is permanently disposed of at a site in a SB0431 Enrolled - 10 - LRB094 09305 RSP 39545 b calendar year, the owner or operator shall either pay a fee of 10.1 cents per cubic yard or, alternatively, the owner or operator may weigh the quantity of the solid waste permanently disposed of with a device for which certification has been obtained under the Weights and Measures Act and pay a fee of 22 cents per ton of waste permanently disposed of.
(3) Waste from recycling, reclamation, or reuse processes that have been approved by the Agency as being designed to remove any contaminant from wastes so as to render the wastes reusable, provided that the process SB0431 Engrossed - 9 - LRB094 09305 RSP 39545 b renders at least 50% of the waste reusable.
(3) Waste from recycling, reclamation, or reuse processes that have been approved by the Agency as being designed to remove any contaminant from wastes so as to render the wastes reusable, provided that the process renders at least 50% of the waste reusable.
(5) Any landfill that is permitted by the Agency to receive only demolition or construction debris or landscape waste.
(5) Any landfill that is permitted by the Agency to SB0431 Enrolled - 11 - LRB094 09305 RSP 39545 b receive only demolition or construction debris or landscape waste.
The Agency shall execute a delegation agreement pursuant to subsection (r) of Section 4 of this Act with a municipality SB0431 Engrossed - 10 - LRB094 09305 RSP 39545 b having a population of more than 1,000,000 inhabitants within 90 days of September 13, 1993 and shall on an annual basis distribute from the Subtitle D Management Fund to that municipality no less than $150,000.
The Agency shall execute a delegation agreement pursuant to subsection (r) of Section 4 of this Act with a municipality having a population of more than 1,000,000 inhabitants within 90 days of September 13, 1993 and shall on an annual basis distribute from the Subtitle D Management Fund to that municipality no less than $150,000.
Pursuant to appropriation, moneys in the Subtitle D Management Fund may also be used by the Agency for activities conducted under Section 22.15a of this Act.
Pursuant to appropriation, moneys in the Subtitle D Management Fund may also be used by SB0431 Enrolled - 12 - LRB094 09305 RSP 39545 b the Agency for activities conducted under Section 22.15a of this Act.
(b)(1)(A) Beginning 30 days after the effective date of this amendatory Act of the 94th General Assembly but prior to July 1, 2008, no person shall use clean construction or SB0431 Engrossed - 11 - LRB094 09305 RSP 39545 b demolition debris as fill material in a current or former quarry, mine, or other excavation, unless they have applied for an interim authorization from the Agency for the clean construction or demolition debris fill operation.
(b)(1)(A) Beginning 30 days after the effective date of this amendatory Act of the 94th General Assembly but prior to July 1, 2008, no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation, unless they have applied for an interim authorization from the Agency for the clean construction or demolition debris fill operation.
(B) The Agency shall approve an interim authorization upon its receipt of a written application for the interim authorization that is signed by the site owner and the site operator, or their duly authorized agent, and that contains the following information:
(B) The Agency shall approve an interim authorization upon SB0431 Enrolled - 13 - LRB094 09305 RSP 39545 b its receipt of a written application for the interim authorization that is signed by the site owner and the site operator, or their duly authorized agent, and that contains the following information:
Owners and operators who do not SB0431 Engrossed - 12 - LRB094 09305 RSP 39545 b receive a written notification from the Agency by October 1, 2007, shall submit a permit application to the Agency by January 1, 2008.
Owners and operators who do not receive a written notification from the Agency by October 1, 2007, shall submit a permit application to the Agency by January 1, 2008.
The interim authorization of owners and operators who fail to submit a permit application to the Agency by the permit application’s due date shall terminate on (i) the due date established by the Agency if the owner or operator received a written notification from the Agency prior to October 1, 2007, or (ii) or January 1, 2008, if the owner or operator did not receive a written notification from the Agency by October 1, 2007.
The interim authorization of owners and operators who fail to submit a permit application to the Agency by the permit application’s due date shall terminate on (i) the SB0431 Enrolled - 14 - LRB094 09305 RSP 39545 b due date established by the Agency if the owner or operator received a written notification from the Agency prior to October 1, 2007, or (ii) or January 1, 2008, if the owner or operator did not receive a written notification from the Agency by October 1, 2007.
(3) On and after July_1, 2008, no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation without a permit granted by the Agency for the clean construction or demolition debris fill operation or in violation of any conditions imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with Board regulations and standards adopted under this Act.
(3) On and after July 1, 2008, no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation without a permit granted by the Agency for the clean construction or demolition debris fill operation or in violation of any conditions imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with Board regulations and standards adopted under this Act.
(4) This subsection (b) does not apply to the use of clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation located on the site where the clean construction or demolition debris was generated.
(4) This subsection (b) does not apply to:
(A) the use of clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation located on the site where the clean construction or demolition debris was generated;
or (B) the use of clean construction or demolition debris as fill material in an excavation other than a current or former quarry or mine if this use complies with Illinois Department of Transportation specifications.
Such regulations shall include, but shall not be limited to, standards for clean construction or demolition debris SB0431 Engrossed - 13 - LRB094 09305 RSP 39545 b fill operations and the submission and review of permits required under this Section.
Such regulations shall include, but shall not be limited to, standards for clean construction or demolition debris fill operations and the submission and review of permits SB0431 Enrolled - 15 - LRB094 09305 RSP 39545 b required under this Section.
Effective 30 days after the effective date of this amendatory Act of the 94th General Assembly, none of the following persons shall have a direct financial interest in or receive a personal financial benefit from any waste-disposal operation or any clean construction or demolition debris fill operation that requires a permit or interim authorization under this Act, or any corporate entity SB0431 Engrossed - 14 - LRB094 09305 RSP 39545 b related to any such waste-disposal operation or clean construction or demolition debris fill operation:
Effective 30 days after the effective date of this amendatory Act of the 94th General Assembly, none of the following persons shall have a direct financial interest in or receive a personal financial benefit from any waste-disposal operation or any clean construction or demolition debris fill operation that requires a permit or interim authorization under this Act, or any corporate entity related to any such waste-disposal operation or clean SB0431 Enrolled - 16 - LRB094 09305 RSP 39545 b construction or demolition debris fill operation:
(a) Upon a finding that episode or emergency conditions specified in Board regulations exist, the Agency shall declare such alerts or emergencies as provided by those SB0431 Engrossed - 15 - LRB094 09305 RSP 39545 b regulations.
(a) Upon a finding that episode or emergency conditions specified in Board regulations exist, the Agency shall declare such alerts or emergencies as provided by those regulations.
While such an alert or emergency is in effect, the Agency may seal any equipment, vehicle, vessel, aircraft, or other facility operated in violation of such regulations.
While such an alert or emergency is in effect, the SB0431 Enrolled - 17 - LRB094 09305 RSP 39545 b Agency may seal any equipment, vehicle, vessel, aircraft, or other facility operated in violation of such regulations.
(a) When the Board has by regulation required a permit for the construction, installation, or operation of any type of SB0431 Engrossed - 16 - LRB094 09305 RSP 39545 b facility, equipment, vehicle, vessel, or aircraft, the applicant shall apply to the Agency for such permit and it shall be the duty of the Agency to issue such a permit upon proof by the applicant that the facility, equipment, vehicle, vessel, or aircraft will not cause a violation of this Act or of regulations hereunder.
(a) When the Board has by regulation required a permit for the construction, installation, or operation of any type of facility, equipment, vehicle, vessel, or aircraft, the SB0431 Enrolled - 18 - LRB094 09305 RSP 39545 b applicant shall apply to the Agency for such permit and it shall be the duty of the Agency to issue such a permit upon proof by the applicant that the facility, equipment, vehicle, vessel, or aircraft will not cause a violation of this Act or of regulations hereunder.
SB0431 Engrossed - 17 - LRB094 09305 RSP 39545 b If there is no final action by the Agency within 90 days after the filing of the application for permit, the applicant may deem the permit issued;
If there is no final action by the Agency within 90 days SB0431 Enrolled - 19 - LRB094 09305 RSP 39545 b after the filing of the application for permit, the applicant may deem the permit issued;
After June 30, 1998, operating permits issued under this Section by the Agency for sources of air pollution that are not subject to Section 39.5 of this Act and are not required to have a federally enforceable State operating permit shall be required to be renewed only upon written request by the Agency SB0431 Engrossed - 18 - LRB094 09305 RSP 39545 b consistent with applicable provisions of this Act and its rules.
After June 30, 1998, operating permits issued under this Section by the Agency for sources of air pollution that are not subject to Section 39.5 of this Act and are not required to have a federally enforceable State operating permit shall be required to be renewed only upon written request by the Agency consistent with applicable provisions of this Act and its SB0431 Enrolled - 20 - LRB094 09305 RSP 39545 b rules.
The Agency, subject to any conditions which may be prescribed by Board regulations, may issue NPDES permits to SB0431 Engrossed - 19 - LRB094 09305 RSP 39545 b allow discharges beyond deadlines established by this Act or by regulations of the Board without the requirement of a variance, subject to the Federal Water Pollution Control Act, as now or hereafter amended, and regulations pursuant thereto.
The Agency, subject to any conditions which may be prescribed by Board regulations, may issue NPDES permits to allow discharges beyond deadlines established by this Act or by SB0431 Enrolled - 21 - LRB094 09305 RSP 39545 b regulations of the Board without the requirement of a variance, subject to the Federal Water Pollution Control Act, as now or hereafter amended, and regulations pursuant thereto.
Beginning August 20, 1993, if the pollution control facility consists of a hazardous or solid waste disposal facility for which the proposed site is located in an unincorporated area of a county with a population of less than 100,000 and includes all or a portion of a parcel of land that was, on April 1, 1993, adjacent to a municipality having a SB0431 Engrossed - 20 - LRB094 09305 RSP 39545 b population of less than 5,000, then the local siting review required under this subsection (c) in conjunction with any permit applied for after that date shall be performed by the governing body of that adjacent municipality rather than the county board of the county in which the proposed site is located;
Beginning August 20, 1993, if the pollution control facility consists of a hazardous or solid waste disposal facility for which the proposed site is located in an unincorporated area of a county with a population of less than 100,000 and includes all or a portion of a parcel of land that was, on April 1, 1993, adjacent to a municipality having a population of less than 5,000, then the local siting review SB0431 Enrolled - 22 - LRB094 09305 RSP 39545 b required under this subsection (c) in conjunction with any permit applied for after that date shall be performed by the governing body of that adjacent municipality rather than the county board of the county in which the proposed site is located;
Except for those facilities owned or operated by sanitary SB0431 Engrossed - 21 - LRB094 09305 RSP 39545 b districts organized under the Metropolitan Water Reclamation District Act, and except for new pollution control facilities governed by Section 39.2, and except for fossil fuel mining facilities, the granting of a permit under this Act shall not relieve the applicant from meeting and securing all necessary zoning approvals from the unit of government having zoning jurisdiction over the proposed facility.
Except for those facilities owned or operated by sanitary districts organized under the Metropolitan Water Reclamation SB0431 Enrolled - 23 - LRB094 09305 RSP 39545 b District Act, and except for new pollution control facilities governed by Section 39.2, and except for fossil fuel mining facilities, the granting of a permit under this Act shall not relieve the applicant from meeting and securing all necessary zoning approvals from the unit of government having zoning jurisdiction over the proposed facility.
and SB0431 Engrossed - 22 - LRB094 09305 RSP 39545 b (4) the site has local zoning approval.
and (4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under this subsection to persons owning or operating a facility for the treatment, storage, or disposal of hazardous waste as defined under this Act.
SB0431 Enrolled - 24 - LRB094 09305 RSP 39545 b (d) The Agency may issue RCRA permits exclusively under this subsection to persons owning or operating a facility for the treatment, storage, or disposal of hazardous waste as defined under this Act.
The Agency shall issue a written statement concurrent with its grant or denial of the SB0431 Engrossed - 23 - LRB094 09305 RSP 39545 b permit explaining the basis for its decision.
The Agency shall issue a written statement concurrent with its grant or denial of the permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under this subsection to persons owning or operating a facility for the underground injection of contaminants as defined under this Act.
SB0431 Enrolled - 25 - LRB094 09305 RSP 39545 b (e) The Agency may issue UIC permits exclusively under this subsection to persons owning or operating a facility for the underground injection of contaminants as defined under this Act.
(1) The Agency shall have authority to make the determination of any question required to be determined by the Clean Air Act, as now or hereafter amended, this Act, or the regulations of the Board, including the determination of the Lowest Achievable Emission Rate, SB0431 Engrossed - 24 - LRB094 09305 RSP 39545 b Maximum Achievable Control Technology, or Best Available Control Technology, consistent with the Board’s regulations, if any.
(1) The Agency shall have authority to make the determination of any question required to be determined by the Clean Air Act, as now or hereafter amended, this Act, or the regulations of the Board, including the determination of the Lowest Achievable Emission Rate, Maximum Achievable Control Technology, or Best Available SB0431 Enrolled - 26 - LRB094 09305 RSP 39545 b Control Technology, consistent with the Board’s regulations, if any.
In granting authorization under this Section, the Agency may SB0431 Engrossed - 25 - LRB094 09305 RSP 39545 b impose such conditions as may be necessary to accomplish the purposes of the Act and are consistent with this Act and regulations promulgated by the Board hereunder.
In granting authorization under this Section, the Agency may impose such conditions as may be necessary to accomplish the SB0431 Enrolled - 27 - LRB094 09305 RSP 39545 b purposes of the Act and are consistent with this Act and regulations promulgated by the Board hereunder.
(i-5) Before issuing any permit or approving any interim SB0431 Engrossed - 26 - LRB094 09305 RSP 39545 b authorization for a clean construction or demolition debris fill operation in which any ownership interest is transferred between January 1, 2005, and the effective date of the prohibition set forth in Section 22.52 of this Act, the Agency shall conduct an evaluation of the operation if any previous activities at the site or facility may have caused or allowed contamination of the site.
(i-5) Before issuing any permit or approving any interim authorization for a clean construction or demolition debris SB0431 Enrolled - 28 - LRB094 09305 RSP 39545 b fill operation in which any ownership interest is transferred between January 1, 2005, and the effective date of the prohibition set forth in Section 22.52 of this Act, the Agency shall conduct an evaluation of the operation if any previous activities at the site or facility may have caused or allowed contamination of the site.
SB0431 Engrossed - 27 - LRB094 09305 RSP 39545 b (m) The Agency may issue permits to persons owning or operating a facility for composting landscape waste.
(m) The Agency may issue permits to persons owning or SB0431 Enrolled - 29 - LRB094 09305 RSP 39545 b operating a facility for composting landscape waste.
(2) the facility is located outside the boundary of the SB0431 Engrossed - 28 - LRB094 09305 RSP 39545 b 10-year floodplain or the site will be floodproofed;
(2) the facility is located outside the boundary of the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize incompatibility with the character of the surrounding area, including at least a 200 foot setback from any residence, and in the case of a facility that is developed or the permitted composting area of which is expanded after November 17, 1991, the composting area is located at least 1/8 mile from the nearest residence (other than a residence located on the same property as the facility);
SB0431 Enrolled - 30 - LRB094 09305 RSP 39545 b (3) the facility is located so as to minimize incompatibility with the character of the surrounding area, including at least a 200 foot setback from any residence, and in the case of a facility that is developed or the permitted composting area of which is expanded after November 17, 1991, the composting area is located at least 1/8 mile from the nearest residence (other than a residence located on the same property as the facility);
(n) The Agency shall issue permits jointly with the Department of Transportation for the dredging or deposit of SB0431 Engrossed - 29 - LRB094 09305 RSP 39545 b material in Lake Michigan in accordance with Section 18 of the Rivers, Lakes, and Streams Act.
(n) The Agency shall issue permits jointly with the Department of Transportation for the dredging or deposit of material in Lake Michigan in accordance with Section 18 of the SB0431 Enrolled - 31 - LRB094 09305 RSP 39545 b Rivers, Lakes, and Streams Act.
The permit application filed with the county board or governing body of the municipality shall include all documents submitted SB0431 Engrossed - 30 - LRB094 09305 RSP 39545 b to or to be submitted to the Agency, except trade secrets as determined under Section 7.1 of this Act.
The permit application filed with the county board or governing body of the municipality shall include all documents submitted to or to be submitted to the Agency, except trade secrets as SB0431 Enrolled - 32 - LRB094 09305 RSP 39545 b determined under Section 7.1 of this Act.
SB0431 Engrossed - 31 - LRB094 09305 RSP 39545 b provided, however, that any person who commits such violations relating to the State UIC program for Class II wells, as defined by the Board under this Act, shall be liable to a civil penalty of not to exceed $10,000 for the violation and an additional civil penalty of not to exceed $1,000 for each day during which the violation continues.
provided, however, that any person who commits such SB0431 Enrolled - 33 - LRB094 09305 RSP 39545 b violations relating to the State UIC program for Class II wells, as defined by the Board under this Act, shall be liable to a civil penalty of not to exceed $10,000 for the violation and an additional civil penalty of not to exceed $1,000 for each day during which the violation continues.
SB0431 Engrossed - 32 - LRB094 09305 RSP 39545 b except that if a unit of local government issued the administrative citation, 50% of the civil penalty shall be payable to the unit of local government.
except that if a unit of local government issued the SB0431 Enrolled - 34 - LRB094 09305 RSP 39545 b administrative citation, 50% of the civil penalty shall be payable to the unit of local government.
(e) The State’s Attorney of the county in which the violation occurred, or the Attorney General, may, at the SB0431 Engrossed - 33 - LRB094 09305 RSP 39545 b request of the Agency or on his own motion, institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order, or to require such other actions as may be necessary to address violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order.
(e) The State’s Attorney of the county in which the violation occurred, or the Attorney General, may, at the request of the Agency or on his own motion, institute a civil SB0431 Enrolled - 35 - LRB094 09305 RSP 39545 b action for an injunction, prohibitory or mandatory, to restrain violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order, or to require such other actions as may be necessary to address violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order.
SB0431 Engrossed - 34 - LRB094 09305 RSP 39545 b (h) In determining the appropriate civil penalty to be imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or (b)(5) of this Section, the Board is authorized to consider any matters of record in mitigation or aggravation of penalty, including but not limited to the following factors:
(h) In determining the appropriate civil penalty to be SB0431 Enrolled - 36 - LRB094 09305 RSP 39545 b imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or (b)(5) of this Section, the Board is authorized to consider any matters of record in mitigation or aggravation of penalty, including but not limited to the following factors:
In determining the appropriate civil penalty to be imposed under subsection (a) or paragraph (1), (2), (3), or (5) of subsection (b) of this Section, the Board shall ensure, in all cases, that the penalty is at least as great as the economic benefits, if any, accrued by the respondent as a result of the violation, unless the Board finds that imposition of such SB0431 Engrossed - 35 - LRB094 09305 RSP 39545 b penalty would result in an arbitrary or unreasonable financial hardship.
In determining the appropriate civil penalty to be imposed under subsection (a) or paragraph (1), (2), (3), or (5) of subsection (b) of this Section, the Board shall ensure, in all cases, that the penalty is at least as great as the economic benefits, if any, accrued by the respondent as a result of the violation, unless the Board finds that imposition of such penalty would result in an arbitrary or unreasonable financial SB0431 Enrolled - 37 - LRB094 09305 RSP 39545 b hardship.
(6) that no related non-compliance events have occurred in the past 3 years at the same facility or in the SB0431 Engrossed - 36 - LRB094 09305 RSP 39545 b past 5 years as part of a pattern at multiple facilities owned or operated by the person;
(6) that no related non-compliance events have occurred in the past 3 years at the same facility or in the past 5 years as part of a pattern at multiple facilities SB0431 Enrolled - 38 - LRB094 09305 RSP 39545 b owned or operated by the person;
SB0431 Engrossed - 37 - LRB094 09305 RSP 39545 b (b) A No Further Remediation Letter shall not become effective until officially recorded in accordance with subsection (a) of this Section.
(b) A No Further Remediation Letter shall not become SB0431 Enrolled - 39 - LRB094 09305 RSP 39545 b effective until officially recorded in accordance with subsection (a) of this Section.
6-26-02.) Section 15.
6-26-02.) Section 99.
The Litter Control Act is amended by changing Sections 8 and 9 as follows:
(415 ILCS 105/8) (from Ch.
38, par.
86-8) Sec.
8.
Persons who violate any of Sections 4 through 7 are subject to the penalties set out in this Section.
(a) Any person convicted of a violation of Section 4, 5, 6 or 7 is guilty of a Class B misdemeanor.
A second conviction for an offense committed after the first conviction is a Class A misdemeanor.
A third or subsequent violation, committed after a second conviction is a Class 4 felony.
All fines imposed for violations of this Act shall be deposited into the Clean Communities Recycling Fund to be used as set forth in Section 21.7 of the Environmental Protection Act.
SB0431 Engrossed - 38 - LRB094 09305 RSP 39545 b (b) In addition to any fine imposed under this Act, the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.
(c) The penalties prescribed in this Section are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.
(Source:
P.A.
85-1410.) (415 ILCS 105/9) (from Ch.
38, par.
86-9) Sec.
9.
Whenever litter is thrown, deposited, dropped or dumped in violation of Section 5 from any motor vehicle not carrying passengers for hire, the presumption is created that the operator of that motor vehicle has violated Section 5, but that presumption may be rebutted.
(Source:
P.A.
78-837.) Section 20.
The Illinois Vehicle Code is amended by changing Sections 11-1413 and 16-105 as follows:
(625 ILCS 5/11-1413) (from Ch.
95 1/2, par.
11-1413) Sec.
11-1413.
Depositing material on highway prohibited.
(a) No person shall dump, deposit, drop, throw, spill, discard, or otherwise dispose of any bottle, glass, nails, tacks, wire, cans, or any litter (as defined in Section 3 of the Litter Control Act) from any motor vehicle upon any public highway, upon any public or private property, or upon or into any river, lake, pond, stream, or body of water in this State except as permitted under any of paragraphs (a) through (e) of Section 4 of the Litter Control Act.
Whenever litter is thrown, deposited, dropped, or dumped in violation of this subsection (a) from any motor vehicle not carrying passengers for hire, the presumption is created that SB0431 Engrossed - 39 - LRB094 09305 RSP 39545 b the operator of that motor vehicle has violated this Section, but that presumption may be rebutted.
No person shall throw, spill or deposit upon any highway any bottle, glass, nails, tacks, wire, cans, or any litter (as defined in Section 3 of the Litter Control Act).
(b) Any person who violates subsection (a) upon any highway shall immediately remove such material or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other debris, except any hazardous substance as defined in Section 3.215 of the Environmental Protection Act, hazardous waste as defined in Section 3.220 of the Environmental Protection Act, and potentially infectious medical waste as defined in Section 3.360 of the Environmental Protection Act, dropped upon the highway from such vehicle.
(Source:
P.A.
92-574, eff.
6-26-02.) (625 ILCS 5/16-105) (from Ch.
95 1/2, par.
16-105) Sec.
16-105.
Disposition of fines and forfeitures.
(a) Except as provided in Section 16-104a of this Act and except for those amounts required to be paid into the Traffic and Criminal Conviction Surcharge Fund in the State Treasury pursuant to Section 9.1 of the Illinois Police Training Act and Section 5-9-1 of the Unified Code of Corrections and except those amounts subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act, fines and penalties recovered under the provisions of Chapters 11 through 16 inclusive of this Code shall be paid and used as follows:
1.
For offenses committed upon a highway within the limits of a city, village, or incorporated town or under the jurisdiction of any park district, to the treasurer of the particular city, village, incorporated town or park district, if the violator was arrested by the authorities of the city, village, incorporated town or park district, provided the police officers and officials of cities, SB0431 Engrossed - 40 - LRB094 09305 RSP 39545 b villages, incorporated towns and park districts shall seasonably prosecute for all fines and penalties under this Code.
If the violation is prosecuted by the authorities of the county, any fines or penalties recovered shall be paid to the county treasurer.
Provided further that if the violator was arrested by the State Police, fines and penalties recovered under the provisions of paragraph (a) of Section 15-113 of this Code or paragraph (e) of Section 15-316 of this Code shall be paid over to the Department of State Police which shall thereupon remit the amount of the fines and penalties so received to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State’s Attorney, 10% of the fine or penalty recovered shall be paid to the State’s Attorney as a fee of his office and the balance shall be paid over to the Department of State Police for remittance to and deposit by the State Treasurer as hereinabove provided.
2.
Except as provided in paragraph 4, for offenses committed upon any highway outside the limits of a city, village, incorporated town or park district, to the county treasurer of the county where the offense was committed except if such offense was committed on a highway maintained by or under the supervision of a township, township district, or a road district to the Treasurer thereof for deposit in the road and bridge fund of such township or other district;
Provided, that fines and penalties recovered under the provisions of paragraph (a) of Section 15-113, paragraph (d) of Section 3-401, or paragraph (e) of Section 15-316 of this Code shall be paid over to the Department of State Police which shall thereupon remit the amount of the fines and penalties so received to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the SB0431 Engrossed - 41 - LRB094 09305 RSP 39545 b violation is prosecuted by the State’s Attorney, 10% of the fine or penalty recovered shall be paid to the State’s Attorney as a fee of his office and the balance shall be paid over to the Department of State Police for remittance to and deposit by the State Treasurer as hereinabove provided.
3.
Notwithstanding subsections 1 and 2 of this paragraph, for violations of overweight and overload limits found in Sections 15-101 through 15-203 of this Code, which are committed upon the highways belonging to the Illinois State Toll Highway Authority, fines and penalties shall be paid over to the Illinois State Toll Highway Authority for deposit with the State Treasurer into that special fund known as the Illinois State Toll Highway Authority Fund, except that if the violation is prosecuted by the State’s Attorney, 10% of the fine or penalty recovered shall be paid to the State’s Attorney as a fee of his office and the balance shall be paid over to the Illinois State Toll Highway Authority for remittance to and deposit by the State Treasurer as hereinabove provided.
4.
With regard to violations of overweight and overload limits found in Sections 15-101 through 15-203 of this Code committed by operators of vehicles registered as Special Hauling Vehicles, for offenses committed upon a highway within the limits of a city, village, or incorporated town or under the jurisdiction of any park district, all fines and penalties shall be paid over or retained as required in paragraph 1.
However, with regard to the above offenses committed by operators of vehicles registered as Special Hauling Vehicles upon any highway outside the limits of a city, village, incorporated town or park district, fines and penalties shall be paid over or retained by the entity having jurisdiction over the road or highway upon which the offense occurred, except that if the violation is prosecuted by the State’s Attorney, 10% of the fine or penalty recovered shall be paid to the State’s Attorney as SB0431 Engrossed - 42 - LRB094 09305 RSP 39545 b a fee of his office.
(b) Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeiture either before or after a deposit with the proper official as defined in paragraph (a) of this Section, shall constitute misconduct in office and shall be grounds for removal therefrom.
(c) Notwithstanding any other provision of this Section, all fines imposed for violations of subsection (a) of Section 11-1413 of this Code shall be remitted in accordance with subsection (g) of Section 5-9-1 of the Unified Code of Corrections.
(Source:
P.A.
88-403;
88-476;
88-535;
89-117, eff.
7-7-95.) Section 25.
The Clerks of Courts Act is amended by changing Sections 27.5 and 27.6 as follows:
(705 ILCS 105/27.5) (from Ch.
25, par.
27.5) Sec.
27.5.
(a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11-501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State’s Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (b) shall be disbursed within 60 days after SB0431 Engrossed - 43 - LRB094 09305 RSP 39545 b receipt by the circuit clerk as follows:
47% shall be disbursed to the entity authorized by law to receive the fine imposed in the case;
12% shall be disbursed to the State Treasurer;
and 41% shall be disbursed to the county’s general corporate fund.
Of the 12% disbursed to the State Treasurer, 1/6 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 1/2 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall be deposited into the Drivers Education Fund.
For fiscal years 1992 and 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991.
Any amount that exceeds the 110% limit shall be distributed as follows:
50% shall be disbursed to the county’s general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case.
Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees.
All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section.
For offenses subject to this Section, judges shall impose one total sum of money payable for violations.
The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge.
With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act.
This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State SB0431 Engrossed - 44 - LRB094 09305 RSP 39545 b Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961;
and (3) 50% of the amounts collected for Class C misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961.
(c) Notwithstanding any other provision of this Section, all fines imposed for violations of the Litter Control Act and for violations of subsection (a) of Section 11-1413 of the Illinois Vehicle Code shall be remitted in accordance with subsection (g) of Section 5-9-1 of the Unified Code of Corrections.
(Source:
P.A.
92-454, eff.
1-1-02;
92-650, eff.
7-11-02;
93-800, eff.
1-1-05.) (705 ILCS 105/27.6) Sec.
27.6.
(a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk equalling an amount of $55 or more, except the additional fee required by subsections (b) and (c), restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11-501 of the Illinois Vehicle Code, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State’s Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under SB0431 Engrossed - 45 - LRB094 09305 RSP 39545 b Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (d) shall be disbursed within 60 days after receipt by the circuit clerk as follows:
44.5% shall be disbursed to the entity authorized by law to receive the fine imposed in the case;
16.825% shall be disbursed to the State Treasurer;
and 38.675% shall be disbursed to the county’s general corporate fund.
Of the 16.825% disbursed to the State Treasurer, 2/17 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be deposited into the Drivers Education Fund, and 6.948/17 shall be deposited into the Trauma Center Fund.
Of the 6.948/17 deposited into the Trauma Center Fund from the 16.825% disbursed to the State Treasurer, 50% shall be disbursed to the Department of Public Health and 50% shall be disbursed to the Department of Public Aid.
For fiscal year 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991.
Any amount that exceeds the 110% limit shall be distributed as follows:
50% shall be disbursed to the county’s general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case.
Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees.
All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section.
For offenses subject to this Section, SB0431 Engrossed - 46 - LRB094 09305 RSP 39545 b judges shall impose one total sum of money payable for violations.
The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge.
With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act.
This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $100 to the clerk of the circuit court.
This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund.
This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing.
Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(b-1) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $5 to the clerk of the circuit court.
This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund.
This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing.
Not SB0431 Engrossed - 47 - LRB094 09305 RSP 39545 b later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed by the courts, any person convicted for a violation of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis Control Act or the Controlled Substance Act shall pay an additional fee of $100 to the clerk of the circuit court.
This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund.
This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing.
Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(c-1) In addition to any other fines and court costs assessed by the courts, any person sentenced for a violation of the Cannabis Control Act or the Illinois Controlled Substances Act shall pay an additional fee of $5 to the clerk of the circuit court.
This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund.
This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing.
Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, SB0431 Engrossed - 48 - LRB094 09305 RSP 39545 b 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961;
and (3) 50% of the amounts collected for Class C misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26-5 of the Criminal Code of 1961.
(e) Notwithstanding any other provision of this Section, all fines imposed for violations of the Litter Control Act and for violations of subsection (a) of Section 11-1413 of the Illinois Vehicle Code shall be remitted in accordance with subsection (g) of Section 5-9-1 of the Unified Code of Corrections.
(Source:
P.A.
92-431, eff.
1-1-02;
92-454, eff.
1-1-02;
92-650, eff.
7-11-02;
92-651, eff.
7-11-02;
93-800, eff.
1-1-05.) Section 30.
The Unified Code of Corrections is amended by changing Section 5-9-1 as follows:
(730 ILCS 5/5-9-1) (from Ch.
38, par.
1005-9-1) Sec.
5-9-1.
Authorized fines.
(a) An offender may be sentenced to pay a fine which shall not exceed for each offense:
(1) for a felony, $25,000 or the amount specified in the offense, whichever is greater, or where the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater;
(2) for a Class A misdemeanor, $2,500 or the amount specified in the offense, whichever is greater;
(3) for a Class B or Class C misdemeanor, $1,500;
(4) for a petty offense, $1,000 or the amount specified in the offense, whichever is less;
SB0431 Engrossed - 49 - LRB094 09305 RSP 39545 b (5) for a business offense, the amount specified in the statute defining that offense.
(b) A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment.
(c) There shall be added to every fine imposed in sentencing for a criminal or traffic offense, except an offense relating to parking or registration, or offense by a pedestrian, an additional penalty of $5 for each $40, or fraction thereof, of fine imposed.
The additional penalty of $5 for each $40, or fraction thereof, of fine imposed, if not otherwise assessed, shall also be added to every fine imposed upon a plea of guilty, stipulation of facts or findings of guilty, resulting in a judgment of conviction, or order of supervision in criminal, traffic, local ordinance, county ordinance, and conservation cases (except parking, registration, or pedestrian violations), or upon a sentence of probation without entry of judgment under Section 10 of the Cannabis Control Act or Section 410 of the Controlled Substances Act.
Such additional amounts shall be assessed by the court imposing the fine and shall be collected by the Circuit Clerk in addition to the fine and costs in the case.
Each such additional penalty shall be remitted by the Circuit Clerk within one month after receipt to the State Treasurer.
The State Treasurer shall deposit $1 for each $40, or fraction thereof, of fine imposed into the LEADS Maintenance Fund.
The remaining surcharge amount shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, unless the fine, costs or additional amounts are subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act.
Such additional penalty shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing.
Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection SB0431 Engrossed - 50 - LRB094 09305 RSP 39545 b (c) during the preceding calendar year.
Except as otherwise provided by Supreme Court Rules, if a court in imposing a fine against an offender levies a gross amount for fine, costs, fees and penalties, the amount of the additional penalty provided for herein shall be computed on the amount remaining after deducting from the gross amount levied all fees of the Circuit Clerk, the State’s Attorney and the Sheriff.
After deducting from the gross amount levied the fees and additional penalty provided for herein, less any other additional penalties provided by law, the clerk shall remit the net balance remaining to the entity authorized by law to receive the fine imposed in the case.
For purposes of this Section "fees of the Circuit Clerk" shall include, if applicable, the fee provided for under Section 27.3a of the Clerks of Courts Act and the fee, if applicable, payable to the county in which the violation occurred pursuant to Section 5-1101 of the Counties Code.
(c-5) In addition to the fines imposed by subsection (c), any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional $100 fee to the clerk.
This additional fee, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund.
This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing.
Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection (c-5) during the preceding calendar year.
The Circuit Clerk may accept payment of fines and costs by credit card from an offender who has been convicted of a traffic offense, petty offense or misdemeanor and may charge the service fee permitted where fines and costs are paid by credit card provided for in Section 27.3b of the Clerks of Courts Act.
SB0431 Engrossed - 51 - LRB094 09305 RSP 39545 b (c-7) In addition to the fines imposed by subsection (c), any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional $5 fee to the clerk.
This additional fee, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund.
This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing.
Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection (c-7) during the preceding calendar year.
(c-9) There shall be added to every fine imposed in sentencing for a criminal or traffic offense, except an offense relating to parking or registration, or offense by a pedestrian, an additional penalty of $4 imposed.
The additional penalty of $4 shall also be added to every fine imposed upon a plea of guilty, stipulation of facts or findings of guilty, resulting in a judgment of conviction, or order of supervision in criminal, traffic, local ordinance, county ordinance, or conservation cases (except parking, registration, or pedestrian violations), or upon a sentence of probation without entry of judgment under Section 10 of the Cannabis Control Act or Section 410 of the Controlled Substances Act.
Such additional penalty of $4 shall be assessed by the court imposing the fine and shall be collected by the circuit clerk in addition to any other fine, costs, fees, and penalties in the case.
Each such additional penalty of $4 shall be remitted to the State Treasurer by the circuit clerk within one month after receipt.
The State Treasurer shall deposit the additional penalty of $4 into the Traffic and Criminal Conviction Surcharge Fund.
The additional penalty of $4 shall be in addition to any other fine, costs, fees, and penalties and shall not reduce or affect the distribution of any other fine, SB0431 Engrossed - 52 - LRB094 09305 RSP 39545 b costs, fees, and penalties.
(d) In determining the amount and method of payment of a fine, except for those fines established for violations of Chapter 15 of the Illinois Vehicle Code, the court shall consider:
(1) the financial resources and future ability of the offender to pay the fine;
and (2) whether the fine will prevent the offender from making court ordered restitution or reparation to the victim of the offense;
and (3) in a case where the accused is a dissolved corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation.
(e) The court may order the fine to be paid forthwith or within a specified period of time or in installments.
(f) Except as otherwise provided in subsection (g), all fines, costs and additional amounts imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act.
(g) Except for amounts added to fines under this Section, all fines imposed for violations of the Litter Control Act and for violations of subsection (a) of Section 11-1413 of the Illinois Vehicle Code shall be remitted to the State Treasurer for deposit into the Clean Communities Recycling Fund.
(Source:
P.A.
92-431, eff.
1-1-02;
93-32, eff.
6-20-03.) Section 99.
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Action History

  1. Public Act . . . . . . . . . 94-0272

  2. Effective Date July 19, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 10 Senate Concurs 054-000-000

  7. House Floor Amendment No. 10 Motion To Concur Recommended Do Adopt Environment & Energy; 011-000-000

  8. House Floor Amendment No. 10 Motion to Concur Rules Referred to Environment & Energy

  9. House Floor Amendment No. 10 Motion to Concur Referred to Rules

  10. House Floor Amendment No. 10 Motion to Concur Filed with Secretary Sen. Debbie DeFrancesco Halvorson

  11. Placed on Calendar Order of Concurrence House Amendment(s) 10-May 28, 2005.

  12. Secretary's Desk - Concurrence House Amendment(s) 10

  13. House Committee Amendment No. 9 Tabled Pursuant to Rule 40(a)

  14. House Committee Amendment No. 7 Tabled Pursuant to Rule 40(a)

  15. House Committee Amendment No. 1 Tabled Pursuant to Rule 40(a)

  16. Third Reading - Short Debate - Passed 077-016-023

  17. Alternate Co-Sponsor Removed Rep. Monique D. Davis

  18. Alternate Co-Sponsor Removed Rep. Linda Chapa LaVia

  19. Added Alternate Chief Co-Sponsor Rep. Monique D. Davis

  20. Added Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia

  21. Added Alternate Chief Co-Sponsor Rep. Karen May

  22. Added Alternate Chief Co-Sponsor Rep. Chapin Rose

  23. Added Alternate Co-Sponsor Rep. Monique D. Davis

  24. Added Alternate Co-Sponsor Rep. Patricia Bailey

  25. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  26. Added Alternate Co-Sponsor Rep. Eddie Washington

  27. Placed on Calendar Order of 3rd Reading - Short Debate

  28. House Floor Amendment No. 10 Adopted by Voice Vote

  29. Second Reading - Short Debate

  30. House Floor Amendment No. 10 Recommends Be Adopted Rules Committee; 003-002-000

  31. Fiscal Note Filed As Amended by HA 10

  32. Fiscal Note Filed

  33. House Floor Amendment No. 10 Referred to Rules Committee

  34. House Floor Amendment No. 10 Filed with Clerk by Rep. Julie Hamos

  35. Fiscal Note Requested by Rep. John A. Fritchey

  36. Placed on Calendar 2nd Reading - Short Debate

  37. Do Pass / Short Debate Environment & Energy Committee; 017-003-001

  38. House Committee Amendment No. 8 Lost in Environment & Energy Committee; 000-021-000

  39. House Committee Amendment No. 6 Lost in Environment & Energy Committee; 000-021-000

  40. House Committee Amendment No. 5 Lost in Environment & Energy Committee; 000-021-000

  41. House Committee Amendment No. 4 Lost in Environment & Energy Committee; 003-018-000

  42. House Committee Amendment No. 3 Lost in Environment & Energy Committee; 000-021-000

  43. House Committee Amendment No. 2 Lost in Environment & Energy Committee; 004-016-001

  44. House Committee Amendment No. 9 Filed with Clerk by Environment & Energy Committee

  45. House Committee Amendment No. 8 Filed with Clerk by Environment & Energy Committee

  46. House Committee Amendment No. 7 Filed with Clerk by Environment & Energy Committee

  47. House Committee Amendment No. 6 Filed with Clerk by Environment & Energy Committee

  48. House Committee Amendment No. 5 Filed with Clerk by Environment & Energy Committee

  49. House Committee Amendment No. 4 Filed with Clerk by Environment & Energy Committee

  50. House Committee Amendment No. 3 Filed with Clerk by Environment & Energy Committee

  51. House Committee Amendment No. 2 Filed with Clerk by Environment & Energy Committee

  52. House Committee Amendment No. 1 Filed with Clerk by Environment & Energy Committee

  53. Committee/Final Action Deadline Extended-9(b) May 27, 2005

  54. Re-assigned to Environment & Energy Committee

  55. Added Alternate Co-Sponsor Rep. Michelle Chavez

  56. Referred to Executive Committee

  57. Referred to Rules Committee

  58. First Reading

  59. Chief House Sponsor Rep. Julie Hamos

  60. Placed on Calendar Order of First Reading

  61. Arrived in House

  62. Third Reading - Passed; 055-000-000

  63. Added as Chief Co-Sponsor Sen. Kwame Raoul

  64. Added as Chief Co-Sponsor Sen. Martin A. Sandoval

  65. Placed on Calendar Order of 3rd Reading

  66. Senate Floor Amendment No. 1 Adopted; Halvorson

  67. Recalled to Second Reading

  68. Added as Co-Sponsor Sen. Bill Brady

  69. Added as Chief Co-Sponsor Sen. Miguel del Valle

  70. Senate Floor Amendment No. 1 Recommend Do Adopt Environment & Energy; 013-000-000

  71. Senate Floor Amendment No. 1 Rules Refers to Environment & Energy

  72. Placed on Calendar Order of 3rd Reading April 12, 2005

  73. Second Reading

  74. Senate Floor Amendment No. 1 Referred to Rules

  75. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson

  76. Placed on Calendar Order of 2nd Reading March 15, 2005

  77. Do Pass Environment & Energy; 007-005-000

  78. Chief Sponsor Changed to Sen. Debbie DeFrancesco Halvorson

  79. Postponed - Environment & Energy

  80. Postponed - Environment & Energy

  81. Assigned to Environment & Energy

  82. Referred to Rules

  83. First Reading

  84. Filed with Secretary by Sen. James A. DeLeo

Sponsors

  • Debbie DeFrancesco Halvorson · Cosponsor
  • Michelle Chavez · Cosponsor
  • Eddie Washington · Cosponsor
  • Patricia Bailey · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 4 co-sponsors · 179 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (4)

  • Debbie DeFrancesco Halvorson
  • Michelle Chavez
  • Eddie Washington
  • Patricia Bailey

Not signed on (179)

179 members have not signed on to this bill.

Show all 179 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 10

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 48005
Democrat 5000
Republican 1000
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Not Voting
Lauzen — Yea
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
DeLeo — Yea
Geo-Karis — Yea
Halvorson — Yea
Link — Yea
Peterson — Yea
Munoz — Yea
Schoenberg — Yea
Brady — Yea
Shadid — Yea
Sieben — Yea
Trotter — Yea
Sullivan, J. — Yea
Petka — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Sullivan, D. — Not Voting
Meeks — Not Voting
Wojcik — Not Voting
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Not Voting
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 77 Yea · 16 Nay · 25 Other
Party YeaNayPresentNot Voting
Unaffiliated 7014022
Democrat 6102
Republican 1101
Total 7716025
% of votes cast 65%14%0%21%
How each member voted (118)
Member Party Vote
Sacia — Nay
Saviano — Yea
Schmitz — Yea
Schock — Nay
Acevedo — Not Voting
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Not Voting
Berrios — Not Voting
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Not Voting
Brauer — Yea
Brosnahan — Yea
Mendoza — Yea
Moffitt — Yea
Eddy — Yea
Munson — Yea
Graham — Yea
Hassert — Yea
Hultgren — Yea
Jefferson — Yea
Jenisch — Yea
Lindner — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Scully — Yea
Bailey — Yea
Reitz — Yea
Lyons, Joseph — Yea
McGuire — Yea
Bradley, John — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Giles — Yea
Krause — Yea
Lang — Not Voting
Brady — Yea
Leitch — Nay
Madigan — Yea
Meyer — Not Voting
Millner — Not Voting
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Molaro — Yea
Mulligan — Nay
Myers — Yea
Nekritz — Yea
Osmond — Nay
Parke — Nay
Phelps — Yea
Pihos — Not Voting
Watson — Yea
Sommer — Nay
Soto — Not Voting
Davis, Monique — Yea
Lyons, Eileen — Nay
Tenhouse — Nay
Tryon — Nay
Verschoore — Yea
Wait — Yea
Winters — Nay
Yarbrough — Yea
Bradley, Richard — Not Voting
Churchill — Nay
Colvin — Yea
Coulson — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Daniels — Nay
Fritchey — Not Voting
Froehlich — Not Voting
Gordon — Yea
Granberg — Yea
Hamos — Yea
Holbrook — Yea
Jakobsson — Yea
Howard — Not Voting
Jones — Not Voting
McKeon — Not Voting
Turner — Not Voting
Washington — Not Voting
Younge — Not Voting
Chavez — Not Voting
Cultra — Not Voting
Kosel — Not Voting
Osterman — Yea
Patterson — Yea
Poe — Not Voting
Pritchard — Nay
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Not Voting
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Not Voting
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Nay
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Yea
Chris Miller Republican Not Voting

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 49004
Democrat 5000
Republican 1000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Maloney — Yea
Althoff — Not Voting
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Dillard — Yea
Forby — Yea
Halvorson — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Munoz — Yea
Brady — Yea
Radogno — Yea
Sullivan, D. — Yea
Schoenberg — Yea
Sullivan, J. — Yea
Petka — Yea
Shadid — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Trotter — Yea
Viverito — Yea
Demuzio — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Not Voting
Clayborne — Yea
Cronin — Not Voting
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Pankau — Yea
Peterson — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

environment technology
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Frequently asked questions

What does SB 431 do?
Amends the Environmental Protection Act. Makes a technical change in a Section concerning proposal of regulations.
Who sponsors SB 431?
SB 431 is sponsored by Debbie DeFrancesco Halvorson, Michelle Chavez, Eddie Washington, and Patricia Bailey.
What is the current status of SB 431?
This bill has been enacted into law. Introduced February 16, 2005. Enacted.
Where can I track SB 431?
Track SB 431 free on One Click Politics — get push/email alerts when it moves.

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