Science

Legislative roundup

STRONGER policies on nuclear waste compacts, farmland preservation and medical radiation were among the outcomes of the 1982 session of the Illinois General Assembly, which also approved increases in coal research funding and nuclear-related fees. Several other pieces of legislation in energy, environment, health and agriculture were passed by the General Assembly and in most cases, signed by Gov. James R. Thompson. Highlights of the science and technology-related legislation follow. (All public acts have immediate effective dates unless otherwise stated.)

Agriculture

Efforts to minimize the conversion of prime farmland to nonagricultural purposes are strengthened through P.A. 82-945 (S.B. 1487, John Maitland, R., Bloomington). The new law creates an Interagency Committee on Farmland Preservation to prepare policy and agreements on farmland preservation. With some exceptions, any state agency participating in a state-funded capital project which will lead to farmland conversion must notify the Department of Agriculture, which can conduct a study of the project's agricultural impacts. (See Illinois Issues series on soil, September 1981-February 1982.)

Priorities are established for the processing of claims to the assets of failed grain dealers and failed warehousemen under P.A. 82-771 (H.B. 2505, Clyde Robbins, R., Fairfield). For example, a priority

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statutory lien is imposed on the grain assets in favor of those claimants with warehouse receipts or any written evidence of ownership indicating a storage obligation.

Energy

Compacts on nuclear wastes or spent nuclear fuel entered into by the governor with the federal government or another state are restricted by P. A. 82-954. This law imposes two stipulations on such compacts: A copy of the proposed compact must be available for public view for at least 30 days before being approved, and the Illinois legislature must enact a law specifically approving the compact (S.B. 1259, Jerome Joyce, D., Bradley).

Fees for nuclear power stations and shipments of spent nuclear fuel are to be increased under P.A. 82-773 (H.B. 2496, George Ryan, R., Kankakee). This law also allows the Illinois Department of Nuclear Safety to reimburse a local government up to $100,000 for its activities authorized by the Illinois Nuclear Safety Preparedness Act (this figure was incorrectly reported in the September "Science" column).

The Coal Research Board was appropriated $500,000 from the Public Utility Fund through the signing of P.A. 82-964 (S.B. 1627, John Nimrod, R., Park Ridge). The board is to use the money to help fulfill its mission of coordinating information on, and providing funding for, coal technology.

Funding of $15 million was also provided for "capital development of coal resources" (a scrubber) at the Abbott Power Plant in Champaign at the University of Ilinois through P.A. 82-834 (S.B. 1406, Forest Etheredge, R., Aurora).

Health

Medical radiation and those assistants who administer it come under more comprehensive control through P.A. 82-901 (S.B. 1492, William Marovitz, D., Chicago). The law directs the Department of Nuclear Safety to promulgate educational standards for those who administer radiation. This legislation also provides for the inspection of radiation machines and establishes both a Radiation Administration Fund and a Radiation Inspection Fund. The law becomes effective January 1, 1983.

So-called "look-alike" drugs, substances whose appearance mimics controlled substances but which actually contain over-the-counter drugs (such as decongestants and stimulants), are illegal under P.A. 82-968 (H.B. 2079, Frank Watson, R., Greenville). This law also prohibits counterfeit substances, those controlled substances which without authorization bear the identifying mark of another manufacturer or distributor. The legislation provides extensively for the forfeiture and seizure of the substances, related items and money involved in violations. The governor vetoed another bill, S.B. 1534 (Dawn Clark Netsch, D., Chicago) because it had provisions identical to the bill he signed (see Illinois Issues, February, p. 35).

Environment

Abandonment of hazardous wastes is a Class 4 felony under P.A. 82-972 (S.B. 1193, John Grotberg, R., St. Charles). This law also clarifies the relationship between an Illinois Environmental Protection Agency (IEPA) permit and local zoning approval. Previously, an applicant for an IEPA permit for the development or construction of a new facility had to provide proof of local zoning approval. Although that requirement is lifted except in certain cases, the new law also makes it clear that a permit issued under the act would not relieve the applicant of securing all the local zoning approvals.

Miscellaneous

A bill proposing a Drug Paraphernalia Control Act, which would have imposed a $1,000 business offense penalty on each paraphernalia item, was amendatorily vetoed by the governor (S.B. 1305, John Maitland, R., Bloomington). All paraphernalia would have been subject to forfeiture, although research activities and customary tobacco items would have been exempt. Any premises involved in paraphernalia would have constituted a public nuisance. The authority of the legislation would extend to all units of local government, whether home rule or not, but local governments could regulate the commercial traffic in paraphernalia by local ordinance. The governor withheld his signature because he found the language pertaining to the authority of local government units unclear; but he promised approval of the bill if his suggested changes in wording are adopted in the fall veto session (see Illinois Issues, March 1981, p. 28).

Two bills dealing with "cop killer" bullets were passed; one was signed and the other amendatorily vetoed.

Public Act 82-934 (S.B. 1519, Richard Walsh, R., Chicago) defines "metal-piercing bullets" and makes it a Class 3 felony to either manufacture, sell, purchase or possess a metal-piercing bullet and a Class 4 felony to manufacture, sell, offer to sell, or transfer a bullet represented to be metal-piercing. Police officers and members of the armed forces are exempted.

The governor amendatorily vetoed H.B. 2102 (Roger McAuliffe, R., Chicago) which defines "armor-piercing bullets" and makes it a Class X felony to shoot another person with this ammunition and a Class 2 felony to either possess or use the bullet in committing a felony. The governor stipulated he will sign the bill if: the term "metal-piercing bullets" is substituted for "armor-piercing bullets"; the definition is rewritten to be identical with that of the bill he signed; and the provisions are broadened to apply to all firearms, not just handguns. The General Assembly will consider these recommendations at its fall session, beginning November 5.

Julie A. Dutton is a research associate with the Illinois Legislative Council's science unit.

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