SB1936 EngrossedLRB100 08351 WGH 18460 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 5. AMENDATORY PROVISIONS

 
5    (20 ILCS 605/605-523 rep.)
6    Section 5-5. The Department of Commerce and Economic
7Opportunity Law of the Civil Administrative Code of Illinois is
8amended by repealing Section 605-523.
 
9    (20 ILCS 3930/9 rep.)
10    Section 5-10. The Illinois Criminal Justice Information
11Act is amended by repealing Section 9.
 
12    (20 ILCS 3988/35 rep.)
13    Section 5-15. The Local Legacy Act is amended by repealing
14Section 35.
 
15    (30 ILCS 105/5.102 rep.)
16    (30 ILCS 105/5.172 rep.)
17    (30 ILCS 105/5.325 rep.)
18    (30 ILCS 105/5.423 rep.)
19    (30 ILCS 105/5.512 rep.)
20    (30 ILCS 105/5.541 rep.)

 

 

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1    (30 ILCS 105/5.556 rep.)
2    (30 ILCS 105/5.591 rep.)
3    (30 ILCS 105/5.595 rep.)
4    (30 ILCS 105/5.625 rep.)
5    (30 ILCS 105/5.626 rep.)
6    (30 ILCS 105/5.627 rep.)
7    (30 ILCS 105/5.628 rep.)
8    (30 ILCS 105/5.661 rep.)
9    (30 ILCS 105/5.779 rep.)
10    (30 ILCS 105/5.813 rep.)
11    (30 ILCS 105/5.818 rep.)
12    (30 ILCS 105/6a-5 rep.)
13    (30 ILCS 105/6z-55 rep.)
14    (30 ILCS 105/6z-83 rep.)
15    (30 ILCS 105/6z-93 rep.)
16    Section 5-20. The State Finance Act is amended by repealing
17Sections 5.102, 5.172, 5.325, 5.423, 5.512, 5.541, 5.556,
185.591, 5.595, 5.625, 5.626, 5.627, 5.628, 5.661, 5.779, 5.813,
195.818, 6a-5, 6z-55, 6z-83, and 6z-93.
 
20    (35 ILCS 5/208.1 rep.)
21    (35 ILCS 5/507XX rep.)
22    Section 5-25. The Illinois Income Tax Act is amended by
23repealing Sections 208.1 and 507XX.
 
24    Section 5-30. The Economic Development for a Growing

 

 

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1Economy Tax Credit Act is amended by changing Section 5-80 as
2follows:
 
3    (35 ILCS 10/5-80)
4    Sec. 5-80. Adoption of rules. The Department may adopt
5rules necessary to implement this Act. The rules may provide
6for recipients of Credits under this Act to be charged fees to
7cover administrative costs of the tax credit program. Fees
8collected shall be deposited into the General Revenue Economic
9Development for a Growing Economy Fund.
10(Source: P.A. 91-476, eff. 8-11-99.)
 
11    (35 ILCS 10/5-85 rep.)
12    Section 5-35. The Economic Development for a Growing
13Economy Tax Credit Act is amended by repealing Section 5-85.
 
14    (110 ILCS 805/2-16.03 rep.)
15    Section 5-40. The Public Community College Act is amended
16by repealing Section 2-16.03.
 
17    Section 5-45. The Higher Education Student Assistance Act
18is amended by changing Section 35 as follows:
 
19    (110 ILCS 947/35)
20    Sec. 35. Monetary award program.
21    (a) The Commission shall, each year, receive and consider

 

 

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1applications for grant assistance under this Section. Subject
2to a separate appropriation for such purposes, an applicant is
3eligible for a grant under this Section when the Commission
4finds that the applicant:
5        (1) is a resident of this State and a citizen or
6    permanent resident of the United States; and
7        (2) in the absence of grant assistance, will be
8    deterred by financial considerations from completing an
9    educational program at the qualified institution of his or
10    her choice.
11    (b) The Commission shall award renewals only upon the
12student's application and upon the Commission's finding that
13the applicant:
14        (1) has remained a student in good standing;
15        (2) remains a resident of this State; and
16        (3) is in a financial situation that continues to
17    warrant assistance.
18    (c) All grants shall be applicable only to tuition and
19necessary fee costs. The Commission shall determine the grant
20amount for each student, which shall not exceed the smallest of
21the following amounts:
22        (1) subject to appropriation, $5,468 for fiscal year
23    2009, $5,968 for fiscal year 2010, and $6,468 for fiscal
24    year 2011 and each fiscal year thereafter, or such lesser
25    amount as the Commission finds to be available, during an
26    academic year;

 

 

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1        (2) the amount which equals 2 semesters or 3 quarters
2    tuition and other necessary fees required generally by the
3    institution of all full-time undergraduate students; or
4        (3) such amount as the Commission finds to be
5    appropriate in view of the applicant's financial
6    resources.
7    Subject to appropriation, the maximum grant amount for
8students not subject to subdivision (1) of this subsection (c)
9must be increased by the same percentage as any increase made
10by law to the maximum grant amount under subdivision (1) of
11this subsection (c).
12    "Tuition and other necessary fees" as used in this Section
13include the customary charge for instruction and use of
14facilities in general, and the additional fixed fees charged
15for specified purposes, which are required generally of
16nongrant recipients for each academic period for which the
17grant applicant actually enrolls, but do not include fees
18payable only once or breakage fees and other contingent
19deposits which are refundable in whole or in part. The
20Commission may prescribe, by rule not inconsistent with this
21Section, detailed provisions concerning the computation of
22tuition and other necessary fees.
23    (d) No applicant, including those presently receiving
24scholarship assistance under this Act, is eligible for monetary
25award program consideration under this Act after receiving a
26baccalaureate degree or the equivalent of 135 semester credit

 

 

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1hours of award payments.
2    (e) The Commission, in determining the number of grants to
3be offered, shall take into consideration past experience with
4the rate of grant funds unclaimed by recipients. The Commission
5shall notify applicants that grant assistance is contingent
6upon the availability of appropriated funds.
7    (e-5) The General Assembly finds and declares that it is an
8important purpose of the Monetary Award Program to facilitate
9access to college both for students who pursue postsecondary
10education immediately following high school and for those who
11pursue postsecondary education later in life, particularly
12Illinoisans who are dislocated workers with financial need and
13who are seeking to improve their economic position through
14education. For the 2015-2016 and 2016-2017 academic years, the
15Commission shall give additional and specific consideration to
16the needs of dislocated workers with the intent of allowing
17applicants who are dislocated workers an opportunity to secure
18financial assistance even if applying later than the general
19pool of applicants. The Commission's consideration shall
20include, in determining the number of grants to be offered, an
21estimate of the resources needed to serve dislocated workers
22who apply after the Commission initially suspends award
23announcements for the upcoming regular academic year, but prior
24to the beginning of that academic year. For the purposes of
25this subsection (e-5), a dislocated worker is defined as in the
26federal Workforce Investment Act of 1998.

 

 

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1    (f) (Blank). The Commission may request appropriations for
2deposit into the Monetary Award Program Reserve Fund. Monies
3deposited into the Monetary Award Program Reserve Fund may be
4expended exclusively for one purpose: to make Monetary Award
5Program grants to eligible students. Amounts on deposit in the
6Monetary Award Program Reserve Fund may not exceed 2% of the
7current annual State appropriation for the Monetary Award
8Program.
9    The purpose of the Monetary Award Program Reserve Fund is
10to enable the Commission each year to assure as many students
11as possible of their eligibility for a Monetary Award Program
12grant and to do so before commencement of the academic year.
13Moneys deposited in this Reserve Fund are intended to enhance
14the Commission's management of the Monetary Award Program,
15minimizing the necessity, magnitude, and frequency of
16adjusting award amounts and ensuring that the annual Monetary
17Award Program appropriation can be fully utilized.
18    (g) The Commission shall determine the eligibility of and
19make grants to applicants enrolled at qualified for-profit
20institutions in accordance with the criteria set forth in this
21Section. The eligibility of applicants enrolled at such
22for-profit institutions shall be limited as follows:
23        (1) Beginning with the academic year 1997, only to
24    eligible first-time freshmen and first-time transfer
25    students who have attained an associate degree.
26        (2) Beginning with the academic year 1998, only to

 

 

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1    eligible freshmen students, transfer students who have
2    attained an associate degree, and students who receive a
3    grant under paragraph (1) for the academic year 1997 and
4    whose grants are being renewed for the academic year 1998.
5        (3) Beginning with the academic year 1999, to all
6    eligible students.
7(Source: P.A. 98-967, eff. 8-15-14.)
 
8    Section 5-50. The Alzheimer's Disease Assistance Act is
9amended by changing Section 7 as follows:
 
10    (410 ILCS 405/7)  (from Ch. 111 1/2, par. 6957)
11    Sec. 7. Regional ADA center funding. Pursuant to
12appropriations enacted by the General Assembly, the Department
13shall provide funds to hospitals affiliated with each Regional
14ADA Center for necessary research and for the development and
15maintenance of services for individuals with Alzheimer's
16disease and related disorders and their families. For the
17fiscal year beginning July 1, 2003, and each year thereafter,
18the Department shall effect payments under this Section to
19hospitals affiliated with each Regional ADA Center through the
20Department of Healthcare and Family Services (formerly
21Illinois Department of Public Aid) under the Excellence in
22Alzheimer's Disease Center Treatment Act. The Department of
23Healthcare and Family Services shall annually report to the
24Advisory Committee established under this Act regarding the

 

 

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1funding of centers under this Act. The Department shall include
2the annual expenditures for this purpose in the plan required
3by Section 5 of this Act.
4(Source: P.A. 97-768, eff. 1-1-13.)
 
5    (410 ILCS 407/Act rep.)
6    Section 5-55. The Excellence in Alzheimer's Disease Center
7Treatment Act is repealed.
 
8    Section 5-60. The Food and Agriculture Research Act is
9amended by changing Section 25 as follows:
 
10    (505 ILCS 82/25)
11    Sec. 25. Administrative oversight.
12    (a) The Department of Agriculture shall provide general
13administrative oversight with the assistance and advice of duly
14elected Board of Directors of the Illinois Council on Food and
15Agricultural Research. Food and agricultural research
16administrators at each of the universities shall administer the
17specifics of the funded research programs. Annually the
18Illinois Council on Food and Agricultural Research
19administrators shall prepare a combined proposed budget for the
20research that the Director of Agriculture shall submit to the
21Governor for inclusion in the Executive budget and
22consideration by the General Assembly. The budget shall specify
23major categories of proposed expenditures, including salary,

 

 

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1wages, and fringe benefits; operation and maintenance;
2supplies and expenses; and capital improvements.
3    (b) (Blank). The Department, with the assistance of the
4Illinois Council on Food and Agricultural Research, may seek
5additional grants and donations for research. Additional funds
6shall be used in conjunction with appropriated funds for
7research. All additional grants and donations for research
8shall be deposited into the Food and Agricultural Research
9Fund, a special fund created in the State treasury, and used as
10provided in this Act.
11(Source: P.A. 97-879, eff. 8-2-12.)
 
12    (710 ILCS 45/Act rep.)
13    Section 5-65. The Sorry Works! Pilot Program Act is
14repealed.
 
15    (815 ILCS 402/Act rep.)
16    Section 5-70. The Restricted Call Registry Act is repealed.
 
17
ARTICLE 10. MANDATE RELIEF

 
18    Section 10-5. The Election Code is amended by changing
19Sections 4-8, 4-25, 5-7, 5-35, 6-35, and 6-71 as follows:
 
20    (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
21    Sec. 4-8. The county clerk shall provide a sufficient

 

 

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1number of blank forms for the registration of electors, which
2shall be known as registration record cards and which shall
3consist of loose leaf sheets or cards, of suitable size to
4contain in plain writing and figures the data hereinafter
5required thereon or shall consist of computer cards of suitable
6nature to contain the data required thereon. The registration
7record cards, which shall include an affidavit of registration
8as hereinafter provided, shall be executed in duplicate.
9    The registration record card shall contain the following
10and such other information as the county clerk may think it
11proper to require for the identification of the applicant for
12registration:
13    Name. The name of the applicant, giving surname and first
14or Christian name in full, and the middle name or the initial
15for such middle name, if any.
16    Sex.
17    Residence. The name and number of the street, avenue, or
18other location of the dwelling, including the apartment, unit
19or room number, if any, and in the case of a mobile home the lot
20number, and such additional clear and definite description as
21may be necessary to determine the exact location of the
22dwelling of the applicant. Where the location cannot be
23determined by street and number, then the section,
24congressional township and range number may be used, or such
25other description as may be necessary, including post-office
26mailing address. In the case of a homeless individual, the

 

 

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1individual's voting residence that is his or her mailing
2address shall be included on his or her registration record
3card.
4    Term of residence in the State of Illinois and precinct.
5This information shall be furnished by the applicant stating
6the place or places where he resided and the dates during which
7he resided in such place or places during the year next
8preceding the date of the next ensuing election.
9    Nativity. The state or country in which the applicant was
10born.
11    Citizenship. Whether the applicant is native born or
12naturalized. If naturalized, the court, place, and date of
13naturalization.
14    Date of application for registration, i.e., the day, month
15and year when applicant presented himself for registration.
16    Age. Date of birth, by month, day and year.
17    Physical disability of the applicant, if any, at the time
18of registration, which would require assistance in voting.
19    The county and state in which the applicant was last
20registered.
21    Electronic mail address, if any.
22    Signature of voter. The applicant, after the registration
23and in the presence of a deputy registrar or other officer of
24registration shall be required to sign his or her name in ink
25or digitized form to the affidavit on both the original and
26duplicate registration record cards.

 

 

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1    Signature of deputy registrar or officer of registration.
2    In case applicant is unable to sign his name, he may affix
3his mark to the affidavit. In such case the officer empowered
4to give the registration oath shall write a detailed
5description of the applicant in the space provided on the back
6or at the bottom of the card or sheet; and shall ask the
7following questions and record the answers thereto:
8    Father's first name.
9    Mother's first name.
10    From what address did the applicant last register?
11    Reason for inability to sign name.
12    Each applicant for registration shall make an affidavit in
13substantially the following form:
14
AFFIDAVIT OF REGISTRATION
15STATE OF ILLINOIS
16COUNTY OF .......
17    I hereby swear (or affirm) that I am a citizen of the
18United States; that on the date of the next election I shall
19have resided in the State of Illinois and in the election
20precinct in which I reside 30 days and that I intend that this
21location shall be my residence; that I am fully qualified to
22vote, and that the above statements are true.
23
..............................
24
(His or her signature or mark)
25    Subscribed and sworn to before me on (insert date).
26..................................

 

 

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1Signature of registration officer.
2(To be signed in presence of registrant.)
 
3    Space shall be provided upon the face of each registration
4record card for the notation of the voting record of the person
5registered thereon.
6    Each registration record card shall be numbered according
7to precincts, and may be serially or otherwise marked for
8identification in such manner as the county clerk may
9determine.
10    The registration cards shall be deemed public records and
11shall be open to inspection during regular business hours,
12except during the 27 days immediately preceding any election.
13On written request of any candidate or objector or any person
14intending to object to a petition, the election authority shall
15extend its hours for inspection of registration cards and other
16records of the election authority during the period beginning
17with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1828-3 and continuing through the termination of electoral board
19hearings on any objections to petitions containing signatures
20of registered voters in the jurisdiction of the election
21authority. The extension shall be for a period of hours
22sufficient to allow adequate opportunity for examination of the
23records but the election authority is not required to extend
24its hours beyond the period beginning at its normal opening for
25business and ending at midnight. If the business hours are so

 

 

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1extended, the election authority shall post a public notice of
2such extended hours. Registration record cards may also be
3inspected, upon approval of the officer in charge of the cards,
4during the 27 days immediately preceding any election.
5Registration record cards shall also be open to inspection by
6certified judges and poll watchers and challengers at the
7polling place on election day, but only to the extent necessary
8to determine the question of the right of a person to vote or
9to serve as a judge of election. At no time shall poll watchers
10or challengers be allowed to physically handle the registration
11record cards.
12    Updated copies of computer tapes or computer discs or other
13electronic data processing information containing voter
14registration information shall be furnished by the county clerk
15within 10 days after December 15 and May 15 each year and
16within 10 days after each registration period is closed to the
17State Board of Elections in a form prescribed by the Board. For
18the purposes of this Section, a registration period is closed
1927 days before the date of any regular or special election.
20Registration information shall include, but not be limited to,
21the following information: name, sex, residence, telephone
22number, if any, age, party affiliation, if applicable,
23precinct, ward, township, county, and representative,
24legislative and congressional districts. In the event of
25noncompliance, the State Board of Elections is directed to
26obtain compliance forthwith with this nondiscretionary duty of

 

 

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1the election authority by instituting legal proceedings in the
2circuit court of the county in which the election authority
3maintains the registration information. The costs of
4furnishing updated copies of tapes or discs shall be paid at a
5rate of $.00034 per name of registered voters in the election
6jurisdiction, but not less than $50 per tape or disc and shall
7be paid from appropriations made to the State Board of
8Elections for reimbursement to the election authority for such
9purpose. The State Board shall furnish copies of such tapes,
10discs, other electronic data or compilations thereof to state
11political committees registered pursuant to the Illinois
12Campaign Finance Act or the Federal Election Campaign Act and
13to governmental entities, at their request and at a reasonable
14cost. To protect the privacy and confidentiality of voter
15registration information, the disclosure of electronic voter
16registration records to any person or entity other than to a
17State or local political committee and other than to a
18governmental entity for a governmental purpose is specifically
19prohibited except as follows: subject to security measures
20adopted by the State Board of Elections which, at a minimum,
21shall include the keeping of a catalog or database, available
22for public view, including the name, address, and telephone
23number of the person viewing the list as well as the time of
24that viewing, any person may view the centralized statewide
25voter registration list on a computer screen at the Springfield
26office of the State Board of Elections, during normal business

 

 

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1hours other than during the 27 days before an election, but the
2person viewing the list under this exception may not print,
3duplicate, transmit, or alter the list. Copies of the tapes,
4discs, or other electronic data shall be furnished by the
5county clerk to local political committees and governmental
6entities at their request and at a reasonable cost. Reasonable
7cost of the tapes, discs, et cetera for this purpose would be
8the cost of duplication plus 15% for administration. The
9individual representing a political committee requesting
10copies of such tapes shall make a sworn affidavit that the
11information shall be used only for bona fide political
12purposes, including by or for candidates for office or
13incumbent office holders. Such tapes, discs or other electronic
14data shall not be used under any circumstances by any political
15committee or individuals for purposes of commercial
16solicitation or other business purposes. If such tapes contain
17information on county residents related to the operations of
18county government in addition to registration information,
19that information shall not be used under any circumstances for
20commercial solicitation or other business purposes. The
21prohibition in this Section against using the computer tapes or
22computer discs or other electronic data processing information
23containing voter registration information for purposes of
24commercial solicitation or other business purposes shall be
25prospective only from the effective date of this amended Act of
261979. Any person who violates this provision shall be guilty of

 

 

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1a Class 4 felony.
2    The State Board of Elections shall promulgate, by October
31, 1987, such regulations as may be necessary to ensure
4uniformity throughout the State in electronic data processing
5of voter registration information. The regulations shall
6include, but need not be limited to, specifications for uniform
7medium, communications protocol and file structure to be
8employed by the election authorities of this State in the
9electronic data processing of voter registration information.
10Each election authority utilizing electronic data processing
11of voter registration information shall comply with such
12regulations on and after May 15, 1988.
13    If the applicant for registration was last registered in
14another county within this State, he shall also sign a
15certificate authorizing cancellation of the former
16registration. The certificate shall be in substantially the
17following form:
18To the County Clerk of.... County, Illinois. (or)
19To the Election Commission of the City of ...., Illinois.
20    This is to certify that I am registered in your (county)
21(city) and that my residence was ............................
22Having moved out of your (county) (city), I hereby authorize
23you to cancel said registration in your office.
24Dated at ...., Illinois, on (insert date).
25
.................................
26
(Signature of Voter)

 

 

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1Attest: ................,  County Clerk, .............
2County, Illinois.
3    The cancellation certificate shall be mailed immediately
4by the County Clerk to the County Clerk (or election commission
5as the case may be) where the applicant was formerly
6registered. Receipt of such certificate shall be full authority
7for cancellation of any previous registration.
8(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
9    (10 ILCS 5/4-25)  (from Ch. 46, par. 4-25)
10    Sec. 4-25. The compensation of the deputy registrars and
11judges of registration appointed by the county board to conduct
12the registrations under Section 4-6.3 and Section 4-7, shall be
13fixed by the county board, but in no case shall such
14compensation be less than $15 nor more than $25 per day for
15each day actually employed at the registration, canvass and
16revision and such deputy registrars and judges of registration
17shall also be compensated at the rate of five cents per mile
18for each mile actually traveled in calling at the county
19clerk's office for registration cards and returning them to
20said officer.
21    The State Board of Elections shall reimburse each county
22for the amount of the increase in compensation under this
23Section provided by this amendatory Act from funds appropriated
24for that purpose.
25(Source: P.A. 84-1308.)
 

 

 

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1    (10 ILCS 5/5-7)   (from Ch. 46, par. 5-7)
2    Sec. 5-7. The county clerk shall provide a sufficient
3number of blank forms for the registration of electors which
4shall be known as registration record cards and which shall
5consist of loose leaf sheets or cards, of suitable size to
6contain in plain writing and figures the data hereinafter
7required thereon or shall consist of computer cards of suitable
8nature to contain the data required thereon. The registration
9record cards, which shall include an affidavit of registration
10as hereinafter provided, shall be executed in duplicate.
11    The registration record card shall contain the following
12and such other information as the county clerk may think it
13proper to require for the identification of the applicant for
14registration:
15    Name. The name of the applicant, giving surname and first
16or Christian name in full, and the middle name or the initial
17for such middle name, if any.
18    Sex.
19    Residence. The name and number of the street, avenue, or
20other location of the dwelling, including the apartment, unit
21or room number, if any, and in the case of a mobile home the lot
22number, and such additional clear and definite description as
23may be necessary to determine the exact location of the
24dwelling of the applicant, including post-office mailing
25address. In the case of a homeless individual, the individual's

 

 

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1voting residence that is his or her mailing address shall be
2included on his or her registration record card.
3    Term of residence in the State of Illinois and the
4precinct. Which questions may be answered by the applicant
5stating, in excess of 30 days in the State and in excess of 30
6days in the precinct.
7    Nativity. The State or country in which the applicant was
8born.
9    Citizenship. Whether the applicant is native born or
10naturalized. If naturalized, the court, place and date of
11naturalization.
12    Date of application for registration, i.e., the day, month
13and year when applicant presented himself for registration.
14    Age. Date of birth, by month, day and year.
15    Physical disability of the applicant, if any, at the time
16of registration, which would require assistance in voting.
17    The county and state in which the applicant was last
18registered.
19    Electronic mail address, if any.
20    Signature of voter. The applicant, after the registration
21and in the presence of a deputy registrar or other officer of
22registration shall be required to sign his or her name in ink
23or digitized form to the affidavit on the original and
24duplicate registration record card.
25    Signature of Deputy Registrar.
26    In case applicant is unable to sign his name, he may affix

 

 

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1his mark to the affidavit. In such case the officer empowered
2to give the registration oath shall write a detailed
3description of the applicant in the space provided at the
4bottom of the card or sheet; and shall ask the following
5questions and record the answers thereto:
6    Father's first name .......................
7    Mother's first name .......................
8    From what address did you last register?
9    Reason for inability to sign name.
10    Each applicant for registration shall make an affidavit in
11substantially the following form:
12
AFFIDAVIT OF REGISTRATION
13State of Illinois)
14                 )ss
15County of        )
16    I hereby swear (or affirm) that I am a citizen of the
17United States; that on the date of the next election I shall
18have resided in the State of Illinois and in the election
19precinct in which I reside 30 days; that I am fully qualified
20to vote. That I intend that this location shall be my residence
21and that the above statements are true.
22
..............................
23
(His or her signature or mark)
24    Subscribed and sworn to before me on (insert date).
25.........................................
26    Signature of Registration Officer.

 

 

SB1936 Engrossed- 23 -LRB100 08351 WGH 18460 b

1(To be signed in presence of Registrant.)
 
2    Space shall be provided upon the face of each registration
3record card for the notation of the voting record of the person
4registered thereon.
5    Each registration record card shall be numbered according
6to towns and precincts, wards, cities and villages, as the case
7may be, and may be serially or otherwise marked for
8identification in such manner as the county clerk may
9determine.
10    The registration cards shall be deemed public records and
11shall be open to inspection during regular business hours,
12except during the 27 days immediately preceding any election.
13On written request of any candidate or objector or any person
14intending to object to a petition, the election authority shall
15extend its hours for inspection of registration cards and other
16records of the election authority during the period beginning
17with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1828-3 and continuing through the termination of electoral board
19hearings on any objections to petitions containing signatures
20of registered voters in the jurisdiction of the election
21authority. The extension shall be for a period of hours
22sufficient to allow adequate opportunity for examination of the
23records but the election authority is not required to extend
24its hours beyond the period beginning at its normal opening for
25business and ending at midnight. If the business hours are so

 

 

SB1936 Engrossed- 24 -LRB100 08351 WGH 18460 b

1extended, the election authority shall post a public notice of
2such extended hours. Registration record cards may also be
3inspected, upon approval of the officer in charge of the cards,
4during the 27 days immediately preceding any election.
5Registration record cards shall also be open to inspection by
6certified judges and poll watchers and challengers at the
7polling place on election day, but only to the extent necessary
8to determine the question of the right of a person to vote or
9to serve as a judge of election. At no time shall poll watchers
10or challengers be allowed to physically handle the registration
11record cards.
12    Updated copies of computer tapes or computer discs or other
13electronic data processing information containing voter
14registration information shall be furnished by the county clerk
15within 10 days after December 15 and May 15 each year and
16within 10 days after each registration period is closed to the
17State Board of Elections in a form prescribed by the Board. For
18the purposes of this Section, a registration period is closed
1927 days before the date of any regular or special election.
20Registration information shall include, but not be limited to,
21the following information: name, sex, residence, telephone
22number, if any, age, party affiliation, if applicable,
23precinct, ward, township, county, and representative,
24legislative and congressional districts. In the event of
25noncompliance, the State Board of Elections is directed to
26obtain compliance forthwith with this nondiscretionary duty of

 

 

SB1936 Engrossed- 25 -LRB100 08351 WGH 18460 b

1the election authority by instituting legal proceedings in the
2circuit court of the county in which the election authority
3maintains the registration information. The costs of
4furnishing updated copies of tapes or discs shall be paid at a
5rate of $.00034 per name of registered voters in the election
6jurisdiction, but not less than $50 per tape or disc and shall
7be paid from appropriations made to the State Board of
8Elections for reimbursement to the election authority for such
9purpose. The State Board shall furnish copies of such tapes,
10discs, other electronic data or compilations thereof to state
11political committees registered pursuant to the Illinois
12Campaign Finance Act or the Federal Election Campaign Act and
13to governmental entities, at their request and at a reasonable
14cost. To protect the privacy and confidentiality of voter
15registration information, the disclosure of electronic voter
16registration records to any person or entity other than to a
17State or local political committee and other than to a
18governmental entity for a governmental purpose is specifically
19prohibited except as follows: subject to security measures
20adopted by the State Board of Elections which, at a minimum,
21shall include the keeping of a catalog or database, available
22for public view, including the name, address, and telephone
23number of the person viewing the list as well as the time of
24that viewing, any person may view the centralized statewide
25voter registration list on a computer screen at the Springfield
26office of the State Board of Elections, during normal business

 

 

SB1936 Engrossed- 26 -LRB100 08351 WGH 18460 b

1hours other than during the 27 days before an election, but the
2person viewing the list under this exception may not print,
3duplicate, transmit, or alter the list. Copies of the tapes,
4discs or other electronic data shall be furnished by the county
5clerk to local political committees and governmental entities
6at their request and at a reasonable cost. Reasonable cost of
7the tapes, discs, et cetera for this purpose would be the cost
8of duplication plus 15% for administration. The individual
9representing a political committee requesting copies of such
10tapes shall make a sworn affidavit that the information shall
11be used only for bona fide political purposes, including by or
12for candidates for office or incumbent office holders. Such
13tapes, discs or other electronic data shall not be used under
14any circumstances by any political committee or individuals for
15purposes of commercial solicitation or other business
16purposes. If such tapes contain information on county residents
17related to the operations of county government in addition to
18registration information, that information shall not be used
19under any circumstances for commercial solicitation or other
20business purposes. The prohibition in this Section against
21using the computer tapes or computer discs or other electronic
22data processing information containing voter registration
23information for purposes of commercial solicitation or other
24business purposes shall be prospective only from the effective
25date of this amended Act of 1979. Any person who violates this
26provision shall be guilty of a Class 4 felony.

 

 

SB1936 Engrossed- 27 -LRB100 08351 WGH 18460 b

1    The State Board of Elections shall promulgate, by October
21, 1987, such regulations as may be necessary to ensure
3uniformity throughout the State in electronic data processing
4of voter registration information. The regulations shall
5include, but need not be limited to, specifications for uniform
6medium, communications protocol and file structure to be
7employed by the election authorities of this State in the
8electronic data processing of voter registration information.
9Each election authority utilizing electronic data processing
10of voter registration information shall comply with such
11regulations on and after May 15, 1988.
12    If the applicant for registration was last registered in
13another county within this State, he shall also sign a
14certificate authorizing cancellation of the former
15registration. The certificate shall be in substantially the
16following form:
17To the County Clerk of .... County, Illinois. To the Election
18Commission of the City of ...., Illinois.
19    This is to certify that I am registered in your (county)
20(city) and that my residence was .....
21    Having moved out of your (county) (city), I hereby
22authorize you to cancel said registration in your office.
23Dated at .... Illinois, on (insert date).
24
....................
25
(Signature of Voter)
26
Attest ......, County Clerk, ........ County, Illinois.

 

 

SB1936 Engrossed- 28 -LRB100 08351 WGH 18460 b

1    The cancellation certificate shall be mailed immediately
2by the county clerk to the county clerk (or election commission
3as the case may be) where the applicant was formerly
4registered. Receipt of such certificate shall be full authority
5for cancellation of any previous registration.
6(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
7    (10 ILCS 5/5-35)  (from Ch. 46, par. 5-35)
8    Sec. 5-35. The officers of registration selected to conduct
9registrations under Section 5-17 shall be paid at the rate set
10out below:
11    Registration officers selected to conduct registration and
12canvass under Section 5-17 shall be paid at a rate of not less
13than $20 per day nor more than $30 per day, for each day
14designated by the County Board for any registration and canvass
15provided by Section 5-17, but in no case shall any such officer
16selected to conduct canvass be credited for less than two days'
17service for each canvass.
18    Officers of registration selected to conduct any
19registration under Section 5-17 shall be compensated at the
20rate of 5 cents per mile for each mile actually traveled in
21calling at the county clerk's office for registration cards and
22returning them to said officer.
23    The State Board of Elections shall reimburse each county
24for the amount of the increase in compensation under this
25Section provided by this amendatory Act from funds appropriated

 

 

SB1936 Engrossed- 29 -LRB100 08351 WGH 18460 b

1for that purpose.
2(Source: P.A. 84-1308.)
 
3    (10 ILCS 5/6-35)  (from Ch. 46, par. 6-35)
4    Sec. 6-35. The Boards of Election Commissioners shall
5provide a sufficient number of blank forms for the registration
6of electors which shall be known as registration record cards
7and which shall consist of loose leaf sheets or cards, of
8suitable size to contain in plain writing and figures the data
9hereinafter required thereon or shall consist of computer cards
10of suitable nature to contain the data required thereon. The
11registration record cards, which shall include an affidavit of
12registration as hereinafter provided, shall be executed in
13duplicate. The duplicate of which may be a carbon copy of the
14original or a copy of the original made by the use of other
15method or material used for making simultaneous true copies or
16duplications.
17    The registration record card shall contain the following
18and such other information as the Board of Election
19Commissioners may think it proper to require for the
20identification of the applicant for registration:
21    Name. The name of the applicant, giving surname and first
22or Christian name in full, and the middle name or the initial
23for such middle name, if any.
24    Sex.
25    Residence. The name and number of the street, avenue, or

 

 

SB1936 Engrossed- 30 -LRB100 08351 WGH 18460 b

1other location of the dwelling, including the apartment, unit
2or room number, if any, and in the case of a mobile home the lot
3number, and such additional clear and definite description as
4may be necessary to determine the exact location of the
5dwelling of the applicant, including post-office mailing
6address. In the case of a homeless individual, the individual's
7voting residence that is his or her mailing address shall be
8included on his or her registration record card.
9    Term of residence in the State of Illinois and the
10precinct.
11    Nativity. The state or country in which the applicant was
12born.
13    Citizenship. Whether the applicant is native born or
14naturalized. If naturalized, the court, place, and date of
15naturalization.
16    Date of application for registration, i.e., the day, month
17and year when the applicant presented himself for registration.
18    Age. Date of birth, by month, day and year.
19    Physical disability of the applicant, if any, at the time
20of registration, which would require assistance in voting.
21    The county and state in which the applicant was last
22registered.
23    Electronic mail address, if any.
24    Signature of voter. The applicant, after registration and
25in the presence of a deputy registrar or other officer of
26registration shall be required to sign his or her name in ink

 

 

SB1936 Engrossed- 31 -LRB100 08351 WGH 18460 b

1or digitized form to the affidavit on both the original and the
2duplicate registration record card.
3    Signature of deputy registrar.
4    In case applicant is unable to sign his name, he may affix
5his mark to the affidavit. In such case the registration
6officer shall write a detailed description of the applicant in
7the space provided at the bottom of the card or sheet; and
8shall ask the following questions and record the answers
9thereto:
10    Father's first name .........................
11    Mother's first name .........................
12    From what address did you last register? ....
13    Reason for inability to sign name ...........
14    Each applicant for registration shall make an affidavit in
15substantially the following form:
16
AFFIDAVIT OF REGISTRATION
17State of Illinois  )
18                   )ss
19County of .......  )
20    I hereby swear (or affirm) that I am a citizen of the
21United States, that on the day of the next election I shall
22have resided in the State of Illinois and in the election
23precinct 30 days and that I intend that this location is my
24residence; that I am fully qualified to vote, and that the
25above statements are true.
26
..............................

 

 

SB1936 Engrossed- 32 -LRB100 08351 WGH 18460 b

1
(His or her signature or mark)
2    Subscribed and sworn to before me on (insert date).
3......................................
4    Signature of registration officer
5(to be signed in presence of registrant).
6    Space shall be provided upon the face of each registration
7record card for the notation of the voting record of the person
8registered thereon.
9    Each registration record card shall be numbered according
10to wards or precincts, as the case may be, and may be serially
11or otherwise marked for identification in such manner as the
12Board of Election Commissioners may determine.
13    The registration cards shall be deemed public records and
14shall be open to inspection during regular business hours,
15except during the 27 days immediately preceding any election.
16On written request of any candidate or objector or any person
17intending to object to a petition, the election authority shall
18extend its hours for inspection of registration cards and other
19records of the election authority during the period beginning
20with the filing of petitions under Sections 7-10, 8-8, 10-6 or
2128-3 and continuing through the termination of electoral board
22hearings on any objections to petitions containing signatures
23of registered voters in the jurisdiction of the election
24authority. The extension shall be for a period of hours
25sufficient to allow adequate opportunity for examination of the
26records but the election authority is not required to extend

 

 

SB1936 Engrossed- 33 -LRB100 08351 WGH 18460 b

1its hours beyond the period beginning at its normal opening for
2business and ending at midnight. If the business hours are so
3extended, the election authority shall post a public notice of
4such extended hours. Registration record cards may also be
5inspected, upon approval of the officer in charge of the cards,
6during the 27 days immediately preceding any election.
7Registration record cards shall also be open to inspection by
8certified judges and poll watchers and challengers at the
9polling place on election day, but only to the extent necessary
10to determine the question of the right of a person to vote or
11to serve as a judge of election. At no time shall poll watchers
12or challengers be allowed to physically handle the registration
13record cards.
14    Updated copies of computer tapes or computer discs or other
15electronic data processing information containing voter
16registration information shall be furnished by the Board of
17Election Commissioners within 10 days after December 15 and May
1815 each year and within 10 days after each registration period
19is closed to the State Board of Elections in a form prescribed
20by the State Board. For the purposes of this Section, a
21registration period is closed 27 days before the date of any
22regular or special election. Registration information shall
23include, but not be limited to, the following information:
24name, sex, residence, telephone number, if any, age, party
25affiliation, if applicable, precinct, ward, township, county,
26and representative, legislative and congressional districts.

 

 

SB1936 Engrossed- 34 -LRB100 08351 WGH 18460 b

1In the event of noncompliance, the State Board of Elections is
2directed to obtain compliance forthwith with this
3nondiscretionary duty of the election authority by instituting
4legal proceedings in the circuit court of the county in which
5the election authority maintains the registration information.
6The costs of furnishing updated copies of tapes or discs shall
7be paid at a rate of $.00034 per name of registered voters in
8the election jurisdiction, but not less than $50 per tape or
9disc and shall be paid from appropriations made to the State
10Board of Elections for reimbursement to the election authority
11for such purpose. The State Board shall furnish copies of such
12tapes, discs, other electronic data or compilations thereof to
13state political committees registered pursuant to the Illinois
14Campaign Finance Act or the Federal Election Campaign Act and
15to governmental entities, at their request and at a reasonable
16cost. To protect the privacy and confidentiality of voter
17registration information, the disclosure of electronic voter
18registration records to any person or entity other than to a
19State or local political committee and other than to a
20governmental entity for a governmental purpose is specifically
21prohibited except as follows: subject to security measures
22adopted by the State Board of Elections which, at a minimum,
23shall include the keeping of a catalog or database, available
24for public view, including the name, address, and telephone
25number of the person viewing the list as well as the time of
26that viewing, any person may view the centralized statewide

 

 

SB1936 Engrossed- 35 -LRB100 08351 WGH 18460 b

1voter registration list on a computer screen at the Springfield
2office of the State Board of Elections, during normal business
3hours other than during the 27 days before an election, but the
4person viewing the list under this exception may not print,
5duplicate, transmit, or alter the list. Copies of the tapes,
6discs or other electronic data shall be furnished by the Board
7of Election Commissioners to local political committees and
8governmental entities at their request and at a reasonable
9cost. Reasonable cost of the tapes, discs, et cetera for this
10purpose would be the cost of duplication plus 15% for
11administration. The individual representing a political
12committee requesting copies of such tapes shall make a sworn
13affidavit that the information shall be used only for bona fide
14political purposes, including by or for candidates for office
15or incumbent office holders. Such tapes, discs or other
16electronic data shall not be used under any circumstances by
17any political committee or individuals for purposes of
18commercial solicitation or other business purposes. If such
19tapes contain information on county residents related to the
20operations of county government in addition to registration
21information, that information shall not be used under any
22circumstances for commercial solicitation or other business
23purposes. The prohibition in this Section against using the
24computer tapes or computer discs or other electronic data
25processing information containing voter registration
26information for purposes of commercial solicitation or other

 

 

SB1936 Engrossed- 36 -LRB100 08351 WGH 18460 b

1business purposes shall be prospective only from the effective
2date of this amended Act of 1979. Any person who violates this
3provision shall be guilty of a Class 4 felony.
4    The State Board of Elections shall promulgate, by October
51, 1987, such regulations as may be necessary to ensure
6uniformity throughout the State in electronic data processing
7of voter registration information. The regulations shall
8include, but need not be limited to, specifications for uniform
9medium, communications protocol and file structure to be
10employed by the election authorities of this State in the
11electronic data processing of voter registration information.
12Each election authority utilizing electronic data processing
13of voter registration information shall comply with such
14regulations on and after May 15, 1988.
15    If the applicant for registration was last registered in
16another county within this State, he shall also sign a
17certificate authorizing cancellation of the former
18registration. The certificate shall be in substantially the
19following form:
20To the County Clerk of .... County, Illinois.
21To the Election Commission of the City of ...., Illinois.
22    This is to certify that I am registered in your (county)
23(city) and that my residence was ..... Having moved out of your
24(county), (city), I hereby authorize you to cancel that
25registration in your office.
26    Dated at ...., Illinois, on (insert date).

 

 

SB1936 Engrossed- 37 -LRB100 08351 WGH 18460 b

1
....................
2
(Signature of Voter)
3    Attest ...., Clerk, Election Commission of the City of....,
4Illinois.
5    The cancellation certificate shall be mailed immediately
6by the clerk of the Election Commission to the county clerk,
7(or Election Commission as the case may be) where the applicant
8was formerly registered. Receipt of such certificate shall be
9full authority for cancellation of any previous registration.
10(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
11    (10 ILCS 5/6-71)  (from Ch. 46, par. 6-71)
12    Sec. 6-71. In the cities, villages and incorporated towns
13in counties having a population of 500,000 or more, which are
14operating under this Article, the compensation of deputy
15registrars and judges of registration provided for the first
16registration under this Article and officers of registration
17appointed in conformity with Section 6-69 of this Article for
18subsequent registration shall be not less than $20 nor more
19than $30 per day. In cities, villages and incorporated towns in
20counties having a population of less than 500,000, and
21operating under this Article, the compensation of the deputy
22registrars and judges of registration provided for the first
23registration under this Article, and officers of registration
24appointed in conformity with Section 6-69 of this Article for
25subsequent registrations shall be $17.50 per day. The

 

 

SB1936 Engrossed- 38 -LRB100 08351 WGH 18460 b

1compensation of such deputy registrars, judges of registration
2and officers of registration, shall be apportioned and paid in
3the manner provided by Article 14 of this Act for judges of
4election.
5    Each judge of registration who has performed all the duties
6and services required for the first registration under this
7Article shall be credited with 2 days' service for the 2 days
8of general registration provided for by this Article. Each
9deputy registrar who has performed all the duties and services
10required for the first registration under this Article shall be
11credited with 4 days' service for the 2 days of general
12registration and the 2 days of canvass as provided for by this
13Article.
14    Officers of registration authorized by Section 6-69 of this
15Article for registration subsequent to the first registration
16under this Article shall be credited with one day's service for
17each registration, and, with the approval of the circuit court,
18may be credited with an additional day for such other services
19as the Board of Election Commissioners may require of them, an
20order of the circuit court in such cases to recite such
21additional services and to designate the officers of
22registration from whom such additional services are to be
23received, provided that in cities, villages and incorporated
24towns in counties having a population of 500,000 or more, which
25are operating under this Article, any such officer selected to
26conduct canvass shall be credited with not less than 2 days'

 

 

SB1936 Engrossed- 39 -LRB100 08351 WGH 18460 b

1service for each canvass.
2    The State Board of Elections shall reimburse each board of
3election commissioners for the amount of the increase in
4compensation under this Section provided by this amendatory Act
5from funds appropriated for that purpose.
6(Source: P.A. 81-850; 81-1149.)
 
7    (15 ILCS 550/Act rep.)
8    Section 10-10. The Public Education Affinity Credit Card
9Act is repealed.
 
10    Section 10-15. The Illinois Act on the Aging is amended by
11changing Sections 4.02 and 4.14 as follows:
 
12    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
13    Sec. 4.02. Community Care Program. The Department shall
14establish a program of services to prevent unnecessary
15institutionalization of persons age 60 and older in need of
16long term care or who are established as persons who suffer
17from Alzheimer's disease or a related disorder under the
18Alzheimer's Disease Assistance Act, thereby enabling them to
19remain in their own homes or in other living arrangements. Such
20preventive services, which may be coordinated with other
21programs for the aged and monitored by area agencies on aging
22in cooperation with the Department, may include, but are not
23limited to, any or all of the following:

 

 

SB1936 Engrossed- 40 -LRB100 08351 WGH 18460 b

1        (a) (blank);
2        (b) (blank);
3        (c) home care aide services;
4        (d) personal assistant services;
5        (e) adult day services;
6        (f) home-delivered meals;
7        (g) education in self-care;
8        (h) personal care services;
9        (i) adult day health services;
10        (j) habilitation services;
11        (k) respite care;
12        (k-5) community reintegration services;
13        (k-6) flexible senior services;
14        (k-7) medication management;
15        (k-8) emergency home response;
16        (l) other nonmedical social services that may enable
17    the person to become self-supporting; or
18        (m) clearinghouse for information provided by senior
19    citizen home owners who want to rent rooms to or share
20    living space with other senior citizens.
21    The Department shall establish eligibility standards for
22such services. In determining the amount and nature of services
23for which a person may qualify, consideration shall not be
24given to the value of cash, property or other assets held in
25the name of the person's spouse pursuant to a written agreement
26dividing marital property into equal but separate shares or

 

 

SB1936 Engrossed- 41 -LRB100 08351 WGH 18460 b

1pursuant to a transfer of the person's interest in a home to
2his spouse, provided that the spouse's share of the marital
3property is not made available to the person seeking such
4services.
5    Beginning January 1, 2008, the Department shall require as
6a condition of eligibility that all new financially eligible
7applicants apply for and enroll in medical assistance under
8Article V of the Illinois Public Aid Code in accordance with
9rules promulgated by the Department.
10    The Department shall, in conjunction with the Department of
11Public Aid (now Department of Healthcare and Family Services),
12seek appropriate amendments under Sections 1915 and 1924 of the
13Social Security Act. The purpose of the amendments shall be to
14extend eligibility for home and community based services under
15Sections 1915 and 1924 of the Social Security Act to persons
16who transfer to or for the benefit of a spouse those amounts of
17income and resources allowed under Section 1924 of the Social
18Security Act. Subject to the approval of such amendments, the
19Department shall extend the provisions of Section 5-4 of the
20Illinois Public Aid Code to persons who, but for the provision
21of home or community-based services, would require the level of
22care provided in an institution, as is provided for in federal
23law. Those persons no longer found to be eligible for receiving
24noninstitutional services due to changes in the eligibility
25criteria shall be given 45 days notice prior to actual
26termination. Those persons receiving notice of termination may

 

 

SB1936 Engrossed- 42 -LRB100 08351 WGH 18460 b

1contact the Department and request the determination be
2appealed at any time during the 45 day notice period. The
3target population identified for the purposes of this Section
4are persons age 60 and older with an identified service need.
5Priority shall be given to those who are at imminent risk of
6institutionalization. The services shall be provided to
7eligible persons age 60 and older to the extent that the cost
8of the services together with the other personal maintenance
9expenses of the persons are reasonably related to the standards
10established for care in a group facility appropriate to the
11person's condition. These non-institutional services, pilot
12projects or experimental facilities may be provided as part of
13or in addition to those authorized by federal law or those
14funded and administered by the Department of Human Services.
15The Departments of Human Services, Healthcare and Family
16Services, Public Health, Veterans' Affairs, and Commerce and
17Economic Opportunity and other appropriate agencies of State,
18federal and local governments shall cooperate with the
19Department on Aging in the establishment and development of the
20non-institutional services. The Department shall require an
21annual audit from all personal assistant and home care aide
22vendors contracting with the Department under this Section. The
23annual audit shall assure that each audited vendor's procedures
24are in compliance with Department's financial reporting
25guidelines requiring an administrative and employee wage and
26benefits cost split as defined in administrative rules. The

 

 

SB1936 Engrossed- 43 -LRB100 08351 WGH 18460 b

1audit is a public record under the Freedom of Information Act.
2The Department shall execute, relative to the nursing home
3prescreening project, written inter-agency agreements with the
4Department of Human Services and the Department of Healthcare
5and Family Services, to effect the following: (1) intake
6procedures and common eligibility criteria for those persons
7who are receiving non-institutional services; and (2) the
8establishment and development of non-institutional services in
9areas of the State where they are not currently available or
10are undeveloped. On and after July 1, 1996, all nursing home
11prescreenings for individuals 60 years of age or older shall be
12conducted by the Department.
13    As part of the Department on Aging's routine training of
14case managers and case manager supervisors, the Department may
15include information on family futures planning for persons who
16are age 60 or older and who are caregivers of their adult
17children with developmental disabilities. The content of the
18training shall be at the Department's discretion.
19    The Department is authorized to establish a system of
20recipient copayment for services provided under this Section,
21such copayment to be based upon the recipient's ability to pay
22but in no case to exceed the actual cost of the services
23provided. Additionally, any portion of a person's income which
24is equal to or less than the federal poverty standard shall not
25be considered by the Department in determining the copayment.
26The level of such copayment shall be adjusted whenever

 

 

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1necessary to reflect any change in the officially designated
2federal poverty standard.
3    The Department, or the Department's authorized
4representative, may recover the amount of moneys expended for
5services provided to or in behalf of a person under this
6Section by a claim against the person's estate or against the
7estate of the person's surviving spouse, but no recovery may be
8had until after the death of the surviving spouse, if any, and
9then only at such time when there is no surviving child who is
10under age 21 or blind or who has a permanent and total
11disability. This paragraph, however, shall not bar recovery, at
12the death of the person, of moneys for services provided to the
13person or in behalf of the person under this Section to which
14the person was not entitled; provided that such recovery shall
15not be enforced against any real estate while it is occupied as
16a homestead by the surviving spouse or other dependent, if no
17claims by other creditors have been filed against the estate,
18or, if such claims have been filed, they remain dormant for
19failure of prosecution or failure of the claimant to compel
20administration of the estate for the purpose of payment. This
21paragraph shall not bar recovery from the estate of a spouse,
22under Sections 1915 and 1924 of the Social Security Act and
23Section 5-4 of the Illinois Public Aid Code, who precedes a
24person receiving services under this Section in death. All
25moneys for services paid to or in behalf of the person under
26this Section shall be claimed for recovery from the deceased

 

 

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1spouse's estate. "Homestead", as used in this paragraph, means
2the dwelling house and contiguous real estate occupied by a
3surviving spouse or relative, as defined by the rules and
4regulations of the Department of Healthcare and Family
5Services, regardless of the value of the property.
6    The Department shall increase the effectiveness of the
7existing Community Care Program by:
8        (1) ensuring that in-home services included in the care
9    plan are available on evenings and weekends;
10        (2) ensuring that care plans contain the services that
11    eligible participants need based on the number of days in a
12    month, not limited to specific blocks of time, as
13    identified by the comprehensive assessment tool selected
14    by the Department for use statewide, not to exceed the
15    total monthly service cost maximum allowed for each
16    service; the Department shall develop administrative rules
17    to implement this item (2);
18        (3) ensuring that the participants have the right to
19    choose the services contained in their care plan and to
20    direct how those services are provided, based on
21    administrative rules established by the Department;
22        (4) ensuring that the determination of need tool is
23    accurate in determining the participants' level of need; to
24    achieve this, the Department, in conjunction with the Older
25    Adult Services Advisory Committee, shall institute a study
26    of the relationship between the Determination of Need

 

 

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1    scores, level of need, service cost maximums, and the
2    development and utilization of service plans no later than
3    May 1, 2008; findings and recommendations shall be
4    presented to the Governor and the General Assembly no later
5    than January 1, 2009; recommendations shall include all
6    needed changes to the service cost maximums schedule and
7    additional covered services;
8        (5) ensuring that homemakers can provide personal care
9    services that may or may not involve contact with clients,
10    including but not limited to:
11            (A) bathing;
12            (B) grooming;
13            (C) toileting;
14            (D) nail care;
15            (E) transferring;
16            (F) respiratory services;
17            (G) exercise; or
18            (H) positioning;
19        (6) ensuring that homemaker program vendors are not
20    restricted from hiring homemakers who are family members of
21    clients or recommended by clients; the Department may not,
22    by rule or policy, require homemakers who are family
23    members of clients or recommended by clients to accept
24    assignments in homes other than the client;
25        (7) ensuring that the State may access maximum federal
26    matching funds by seeking approval for the Centers for

 

 

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1    Medicare and Medicaid Services for modifications to the
2    State's home and community based services waiver and
3    additional waiver opportunities, including applying for
4    enrollment in the Balance Incentive Payment Program by May
5    1, 2013, in order to maximize federal matching funds; this
6    shall include, but not be limited to, modification that
7    reflects all changes in the Community Care Program services
8    and all increases in the services cost maximum;
9        (8) ensuring that the determination of need tool
10    accurately reflects the service needs of individuals with
11    Alzheimer's disease and related dementia disorders;
12        (9) ensuring that services are authorized accurately
13    and consistently for the Community Care Program (CCP); the
14    Department shall implement a Service Authorization policy
15    directive; the purpose shall be to ensure that eligibility
16    and services are authorized accurately and consistently in
17    the CCP program; the policy directive shall clarify service
18    authorization guidelines to Care Coordination Units and
19    Community Care Program providers no later than May 1, 2013;
20        (10) working in conjunction with Care Coordination
21    Units, the Department of Healthcare and Family Services,
22    the Department of Human Services, Community Care Program
23    providers, and other stakeholders to make improvements to
24    the Medicaid claiming processes and the Medicaid
25    enrollment procedures or requirements as needed,
26    including, but not limited to, specific policy changes or

 

 

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1    rules to improve the up-front enrollment of participants in
2    the Medicaid program and specific policy changes or rules
3    to insure more prompt submission of bills to the federal
4    government to secure maximum federal matching dollars as
5    promptly as possible; the Department on Aging shall have at
6    least 3 meetings with stakeholders by January 1, 2014 in
7    order to address these improvements;
8        (11) requiring home care service providers to comply
9    with the rounding of hours worked provisions under the
10    federal Fair Labor Standards Act (FLSA) and as set forth in
11    29 CFR 785.48(b) by May 1, 2013;
12        (12) implementing any necessary policy changes or
13    promulgating any rules, no later than January 1, 2014, to
14    assist the Department of Healthcare and Family Services in
15    moving as many participants as possible, consistent with
16    federal regulations, into coordinated care plans if a care
17    coordination plan that covers long term care is available
18    in the recipient's area; and
19        (13) maintaining fiscal year 2014 rates at the same
20    level established on January 1, 2013.
21    By January 1, 2009 or as soon after the end of the Cash and
22Counseling Demonstration Project as is practicable, the
23Department may, based on its evaluation of the demonstration
24project, promulgate rules concerning personal assistant
25services, to include, but need not be limited to,
26qualifications, employment screening, rights under fair labor

 

 

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1standards, training, fiduciary agent, and supervision
2requirements. All applicants shall be subject to the provisions
3of the Health Care Worker Background Check Act.
4    The Department shall develop procedures to enhance
5availability of services on evenings, weekends, and on an
6emergency basis to meet the respite needs of caregivers.
7Procedures shall be developed to permit the utilization of
8services in successive blocks of 24 hours up to the monthly
9maximum established by the Department. Workers providing these
10services shall be appropriately trained.
11    Beginning on the effective date of this amendatory Act of
121991, no person may perform chore/housekeeping and home care
13aide services under a program authorized by this Section unless
14that person has been issued a certificate of pre-service to do
15so by his or her employing agency. Information gathered to
16effect such certification shall include (i) the person's name,
17(ii) the date the person was hired by his or her current
18employer, and (iii) the training, including dates and levels.
19Persons engaged in the program authorized by this Section
20before the effective date of this amendatory Act of 1991 shall
21be issued a certificate of all pre- and in-service training
22from his or her employer upon submitting the necessary
23information. The employing agency shall be required to retain
24records of all staff pre- and in-service training, and shall
25provide such records to the Department upon request and upon
26termination of the employer's contract with the Department. In

 

 

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1addition, the employing agency is responsible for the issuance
2of certifications of in-service training completed to their
3employees.
4    The Department is required to develop a system to ensure
5that persons working as home care aides and personal assistants
6receive increases in their wages when the federal minimum wage
7is increased by requiring vendors to certify that they are
8meeting the federal minimum wage statute for home care aides
9and personal assistants. An employer that cannot ensure that
10the minimum wage increase is being given to home care aides and
11personal assistants shall be denied any increase in
12reimbursement costs.
13    The Community Care Program Advisory Committee is created in
14the Department on Aging. The Director shall appoint individuals
15to serve in the Committee, who shall serve at their own
16expense. Members of the Committee must abide by all applicable
17ethics laws. The Committee shall advise the Department on
18issues related to the Department's program of services to
19prevent unnecessary institutionalization. The Committee shall
20meet on a bi-monthly basis and shall serve to identify and
21advise the Department on present and potential issues affecting
22the service delivery network, the program's clients, and the
23Department and to recommend solution strategies. Persons
24appointed to the Committee shall be appointed on, but not
25limited to, their own and their agency's experience with the
26program, geographic representation, and willingness to serve.

 

 

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1The Director shall appoint members to the Committee to
2represent provider, advocacy, policy research, and other
3constituencies committed to the delivery of high quality home
4and community-based services to older adults. Representatives
5shall be appointed to ensure representation from community care
6providers including, but not limited to, adult day service
7providers, homemaker providers, case coordination and case
8management units, emergency home response providers, statewide
9trade or labor unions that represent home care aides and direct
10care staff, area agencies on aging, adults over age 60,
11membership organizations representing older adults, and other
12organizational entities, providers of care, or individuals
13with demonstrated interest and expertise in the field of home
14and community care as determined by the Director.
15    Nominations may be presented from any agency or State
16association with interest in the program. The Director, or his
17or her designee, shall serve as the permanent co-chair of the
18advisory committee. One other co-chair shall be nominated and
19approved by the members of the committee on an annual basis.
20Committee members' terms of appointment shall be for 4 years
21with one-quarter of the appointees' terms expiring each year. A
22member shall continue to serve until his or her replacement is
23named. The Department shall fill vacancies that have a
24remaining term of over one year, and this replacement shall
25occur through the annual replacement of expiring terms. The
26Director shall designate Department staff to provide technical

 

 

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1assistance and staff support to the committee. Department
2representation shall not constitute membership of the
3committee. All Committee papers, issues, recommendations,
4reports, and meeting memoranda are advisory only. The Director,
5or his or her designee, shall make a written report, as
6requested by the Committee, regarding issues before the
7Committee.
8    The Department on Aging and the Department of Human
9Services shall cooperate in the development and submission of
10an annual report on programs and services provided under this
11Section. Such joint report shall be filed with the Governor and
12the General Assembly on or before September 30 each year.
13    The requirement for reporting to the General Assembly shall
14be satisfied by filing copies of the report with the Speaker,
15the Minority Leader and the Clerk of the House of
16Representatives and the President, the Minority Leader and the
17Secretary of the Senate and the Legislative Research Unit, as
18required by Section 3.1 of the General Assembly Organization
19Act and filing such additional copies with the State Government
20Report Distribution Center for the General Assembly as is
21required under paragraph (t) of Section 7 of the State Library
22Act.
23    Those persons previously found eligible for receiving
24non-institutional services whose services were discontinued
25under the Emergency Budget Act of Fiscal Year 1992, and who do
26not meet the eligibility standards in effect on or after July

 

 

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11, 1992, shall remain ineligible on and after July 1, 1992.
2Those persons previously not required to cost-share and who
3were required to cost-share effective March 1, 1992, shall
4continue to meet cost-share requirements on and after July 1,
51992. Beginning July 1, 1992, all clients will be required to
6meet eligibility, cost-share, and other requirements and will
7have services discontinued or altered when they fail to meet
8these requirements.
9    For the purposes of this Section, "flexible senior
10services" refers to services that require one-time or periodic
11expenditures including, but not limited to, respite care, home
12modification, assistive technology, housing assistance, and
13transportation.
14    The Department shall implement an electronic service
15verification based on global positioning systems or other
16cost-effective technology for the Community Care Program no
17later than January 1, 2014.
18    The Department shall require, as a condition of
19eligibility, enrollment in the medical assistance program
20under Article V of the Illinois Public Aid Code (i) beginning
21August 1, 2013, if the Auditor General has reported that the
22Department has failed to comply with the reporting requirements
23of Section 2-27 of the Illinois State Auditing Act; or (ii)
24beginning June 1, 2014, if the Auditor General has reported
25that the Department has not undertaken the required actions
26listed in the report required by subsection (a) of Section 2-27

 

 

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1of the Illinois State Auditing Act.
2    The Department shall delay Community Care Program services
3until an applicant is determined eligible for medical
4assistance under Article V of the Illinois Public Aid Code (i)
5beginning August 1, 2013, if the Auditor General has reported
6that the Department has failed to comply with the reporting
7requirements of Section 2-27 of the Illinois State Auditing
8Act; or (ii) beginning June 1, 2014, if the Auditor General has
9reported that the Department has not undertaken the required
10actions listed in the report required by subsection (a) of
11Section 2-27 of the Illinois State Auditing Act.
12    The Department shall implement co-payments for the
13Community Care Program at the federally allowable maximum level
14(i) beginning August 1, 2013, if the Auditor General has
15reported that the Department has failed to comply with the
16reporting requirements of Section 2-27 of the Illinois State
17Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
18General has reported that the Department has not undertaken the
19required actions listed in the report required by subsection
20(a) of Section 2-27 of the Illinois State Auditing Act.
21    The Department shall provide a bi-monthly report on the
22progress of the Community Care Program reforms set forth in
23this amendatory Act of the 98th General Assembly to the
24Governor, the Speaker of the House of Representatives, the
25Minority Leader of the House of Representatives, the President
26of the Senate, and the Minority Leader of the Senate.

 

 

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1    The Department shall conduct a quarterly review of Care
2Coordination Unit performance and adherence to service
3guidelines. The quarterly review shall be reported to the
4Speaker of the House of Representatives, the Minority Leader of
5the House of Representatives, the President of the Senate, and
6the Minority Leader of the Senate. The Department shall collect
7and report longitudinal data on the performance of each care
8coordination unit. Nothing in this paragraph shall be construed
9to require the Department to identify specific care
10coordination units.
11    In regard to community care providers, failure to comply
12with Department on Aging policies shall be cause for
13disciplinary action, including, but not limited to,
14disqualification from serving Community Care Program clients.
15Each provider, upon submission of any bill or invoice to the
16Department for payment for services rendered, shall include a
17notarized statement, under penalty of perjury pursuant to
18Section 1-109 of the Code of Civil Procedure, that the provider
19has complied with all Department policies.
20    The Director of the Department on Aging shall make
21information available to the State Board of Elections as may be
22required by an agreement the State Board of Elections has
23entered into with a multi-state voter registration list
24maintenance system.
25(Source: P.A. 98-8, eff. 5-3-13; 98-1171, eff. 6-1-15; 99-143,
26eff. 7-27-15.)
 

 

 

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1    (20 ILCS 105/4.14)
2    Sec. 4.14. Rural Senior Citizen Program.
3    (a) The General Assembly finds that it is in the best
4interest of the citizens of Illinois to identify and address
5the special challenges and needs faced by older rural
6residents. The General Assembly further finds that rural areas
7are often under-served and unserved to the detriment of older
8residents and their families, which may require the allocation
9of additional resources.
10    (b) (Blank). The Department shall identify the special
11needs and problems of older rural residents and evaluate the
12adequacy and accessibility of existing programs and
13information for older rural residents. The scope of the
14Department's work shall encompass both Older American Act
15services, Community Care services, and all other services
16targeted in whole or in part at residents 60 years of age and
17older, regardless of the setting in which the service is
18provided.
19    (c) (Blank). The Older Rural Adults Task Force is
20established to gather information and make recommendations in
21collaboration with the Department on Aging and the Older Adult
22Services Committee. The Task Force shall be comprised of 12
23voting members and 7 non-voting members. The President and
24Minority Leader of the Illinois Senate and the Speaker and
25Minority Leader of the Illinois House of Representatives shall

 

 

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1each appoint 2 members of the General Assembly and one citizen
2member to the Task Force. Citizen members may seek
3reimbursement for actual travel expenses. Representatives of
4the Department on Aging and the Departments of Healthcare and
5Family Services, Human Services, Public Health, and Commerce
6and Economic Opportunity, the Rural Affairs Council, and the
7Illinois Housing Development Authority shall serve as
8non-voting members. The Department on Aging shall provide staff
9support to the Task Force.
10    Co-chairs shall be selected by the Task Force at its first
11meeting. Both shall be appointed voting members of the Task
12Force. One co-chair shall be a member of the General Assembly
13and one shall be a citizen member. A simple majority of those
14appointed shall constitute a quorum. The Task Force may hold
15regional hearings and fact finding meetings and shall submit a
16report to the General Assembly no later than January 1, 2009.
17The Task Force is dissolved upon submission of the report.
18(Source: P.A. 95-89, eff. 8-13-07.)
 
19    (20 ILCS 605/605-312 rep.)
20    (20 ILCS 605/605-817 rep.)
21    (20 ILCS 605/605-855 rep.)
22    Section 10-20. The Department of Commerce and Economic
23Opportunity Law of the Civil Administrative Code of Illinois is
24amended by repealing Sections 605-312, 605-817, and 605-855.
 

 

 

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1    (20 ILCS 627/Act rep.)
2    Section 10-25. The Electric Vehicle Act is repealed.
 
3    Section 10-30. The Illinois Emergency Employment
4Development Act is amended by changing Section 3 as follows:
 
5    (20 ILCS 630/3)  (from Ch. 48, par. 2403)
6    Sec. 3. Illinois Emergency Employment Development
7Coordinator.
8    (a) The governor shall appoint an Illinois Emergency
9Employment Development Coordinator to administer the
10provisions of this Act. The coordinator shall be within the
11Department of Commerce and Economic Opportunity, but shall be
12responsible directly to the governor. The coordinator shall
13have the powers necessary to carry out the purpose of the
14program.
15    (b) The coordinator shall:
16        (1) recommend one or more Employment Administrators
17    for each service delivery area for approval by the Advisory
18    Committee, with recommendations based on the demonstrated
19    ability of the Employment Administrator to identify and
20    address local needs;
21        (2) enter into a contract with one or more Employment
22    Administrators in each service delivery area;
23        (3) assist the Employment Administrator in developing
24    a satisfactory plan if an Employment Administrator submits

 

 

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1    one that does not conform to program requirements;
2        (4) convene and provide staff support to the Advisory
3    Committee;
4        (5) coordinate the program with other State agencies
5    and services including public benefits and workforce
6    programs for unemployed individuals; and
7        (6) perform general program marketing and monitoring
8    functions.
9    (c) (Blank). The coordinator shall administer the program
10within the Department of Commerce and Economic Opportunity. The
11Director of Commerce and Economic Opportunity shall provide
12administrative support services to the coordinator for the
13purposes of the program.
14    (d) The coordinator shall report to the Governor, the
15Advisory Committee, and the General Assembly on a quarterly
16basis concerning (1) the number of persons employed under the
17program; (2) the number and type of employers under the
18program; (3) the amount of money spent in each service delivery
19area for wages for each type of employment and each type of
20other expenses; (4) the number of persons who have completed
21participation in the program and their current employment,
22educational or training status; (5) any information requested
23by the General Assembly, the Advisory Committee, or governor or
24deemed pertinent by the coordinator; and (6) any identified
25violations of this Act and actions taken. Each report shall
26include cumulative information, as well as information for each

 

 

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1quarter.
2    (e) Rules. The Director of Commerce and Economic
3Opportunity, with the advice of the coordinator and the
4Advisory Committee, shall adopt rules for the administration
5and enforcement of this Act.
6(Source: P.A. 96-995, eff. 1-1-11; 97-581, eff. 8-26-11.)
 
7    (20 ILCS 630/17 rep.)
8    Section 10-35. The Illinois Emergency Employment
9Development Act is amended by repealing Section 17.
 
10    (20 ILCS 685/Act rep.)
11    Section 10-40. The Particle Accelerator Land Acquisition
12Act is repealed.
 
13    Section 10-45. The Illinois Geographic Information Council
14Act is amended by changing Section 5-5 as follows:
 
15    (20 ILCS 1128/5-5)
16    Sec. 5-5. Council. The Illinois Geographic Information
17Council, hereinafter called the "Council", is created within
18the Department of Natural Resources.
19    The Council shall consist of 15 17 voting members, as
20follows: the Illinois Secretary of State, the Illinois
21Secretary of Transportation, the Directors of the Illinois
22Departments of Agriculture, Central Management Services,

 

 

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1Commerce and Economic Opportunity, Nuclear Safety, Public
2Health, Natural Resources, and Revenue, the Directors of the
3Illinois Emergency Management Agency and the Illinois
4Environmental Protection Agency, the President of the
5University of Illinois, the Chairman of the Illinois Commerce
6Commission, plus 4 members of the General Assembly, one each
7appointed by the Speaker and Minority Leader of the House and
8the President and Minority Leader of the Senate. An ex officio
9voting member may designate another person to carry out his or
10her duties on the Council.
11    In addition to the above members, the Governor may appoint
12up to 10 additional voting members, representing local,
13regional, and federal agencies, professional organizations,
14academic institutions, public utilities, and the private
15sector.
16    Members appointed by the Governor shall serve at the
17pleasure of the Governor.
18(Source: P.A. 94-793, eff. 5-19-06; 94-961, eff. 6-27-06.)
 
19    Section 10-50. The Capital Spending Accountability Law is
20amended by changing Section 805 as follows:
 
21    (20 ILCS 3020/805)
22    Sec. 805. Reports on capital spending. On the 45th first
23day following the end of each quarterly period in each fiscal
24year, the Governor's Office of Management and Budget shall

 

 

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1provide to the Comptroller, the Treasurer, the President and
2the Minority Leader of the Senate, and the Speaker and the
3Minority Leader of the House of Representatives a report on the
4status of all capital projects in the State. The report may be
5provided in both written and electronic format. The report must
6include all of the following:
7        (1) A brief description or stated purpose of each
8    capital project where applicable (as referred to in this
9    Section, "project").
10        (2) The amount and source of funds (whether from bond
11    funds or other revenues) appropriated for each project,
12    organized into categories including roads, mass transit,
13    schools, environment, civic centers and other categories
14    as applicable (as referred to in this Section, "category or
15    categories"), with subtotals for each category.
16        (3) The date the appropriation bill relating to each
17    project was signed by the Governor, organized into
18    categories.
19        (4) The date the written release of the Governor for
20    each project was submitted to the Comptroller or is
21    projected to be submitted and, if a release for any project
22    has not been submitted within 6 months after its
23    appropriation became law, an explanation why the project
24    has not yet been released, all organized into categories.
25        (5) The amount of expenditures to date by the State
26    relating to each project and estimated amount of total

 

 

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1    State expenditures and proposed schedule of future State
2    expenditures relating to each project, all organized into
3    categories.
4        (6) A timeline for completion of each project,
5    including the dates, if applicable, of execution by the
6    State of any grant agreement, any required engineering or
7    design work or environmental approvals, and the estimated
8    or actual dates of the start and completion of
9    construction, all organized into categories. Any
10    substantial variances on any project from this reported
11    timeline must be explained in the next quarterly report.
12        (7) A summary report of the status of all projects,
13    including the amount of undisbursed funds intended to be
14    held or used in the next quarter.
15(Source: P.A. 98-692, eff. 7-1-14.)
 
16    Section 10-55. The Illinois Criminal Justice Information
17Act is amended by changing Section 7 as follows:
 
18    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)
19    Sec. 7. Powers and Duties. The Authority shall have the
20following powers, duties and responsibilities:
21        (a) To develop and operate comprehensive information
22    systems for the improvement and coordination of all aspects
23    of law enforcement, prosecution and corrections;
24        (b) To define, develop, evaluate and correlate State

 

 

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1    and local programs and projects associated with the
2    improvement of law enforcement and the administration of
3    criminal justice;
4        (c) To act as a central repository and clearing house
5    for federal, state and local research studies, plans,
6    projects, proposals and other information relating to all
7    aspects of criminal justice system improvement and to
8    encourage educational programs for citizen support of
9    State and local efforts to make such improvements;
10        (d) To undertake research studies to aid in
11    accomplishing its purposes;
12        (e) To monitor the operation of existing criminal
13    justice information systems in order to protect the
14    constitutional rights and privacy of individuals about
15    whom criminal history record information has been
16    collected;
17        (f) To provide an effective administrative forum for
18    the protection of the rights of individuals concerning
19    criminal history record information;
20        (g) To issue regulations, guidelines and procedures
21    which ensure the privacy and security of criminal history
22    record information consistent with State and federal laws;
23        (h) To act as the sole administrative appeal body in
24    the State of Illinois to conduct hearings and make final
25    determinations concerning individual challenges to the
26    completeness and accuracy of criminal history record

 

 

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1    information;
2        (i) To act as the sole, official, criminal justice body
3    in the State of Illinois to conduct annual and periodic
4    audits of the procedures, policies, and practices of the
5    State central repositories for criminal history record
6    information to verify compliance with federal and state
7    laws and regulations governing such information;
8        (j) To advise the Authority's Statistical Analysis
9    Center;
10        (k) To apply for, receive, establish priorities for,
11    allocate, disburse and spend grants of funds that are made
12    available by and received on or after January 1, 1983 from
13    private sources or from the United States pursuant to the
14    federal Crime Control Act of 1973, as amended, and similar
15    federal legislation, and to enter into agreements with the
16    United States government to further the purposes of this
17    Act, or as may be required as a condition of obtaining
18    federal funds;
19        (l) To receive, expend and account for such funds of
20    the State of Illinois as may be made available to further
21    the purposes of this Act;
22        (m) To enter into contracts and to cooperate with units
23    of general local government or combinations of such units,
24    State agencies, and criminal justice system agencies of
25    other states for the purpose of carrying out the duties of
26    the Authority imposed by this Act or by the federal Crime

 

 

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1    Control Act of 1973, as amended;
2        (n) To enter into contracts and cooperate with units of
3    general local government outside of Illinois, other
4    states' agencies, and private organizations outside of
5    Illinois to provide computer software or design that has
6    been developed for the Illinois criminal justice system, or
7    to participate in the cooperative development or design of
8    new software or systems to be used by the Illinois criminal
9    justice system. Revenues received as a result of such
10    arrangements shall be deposited in the Criminal Justice
11    Information Systems Trust Fund.
12        (o) To establish general policies concerning criminal
13    justice information systems and to promulgate such rules,
14    regulations and procedures as are necessary to the
15    operation of the Authority and to the uniform consideration
16    of appeals and audits;
17        (p) To advise and to make recommendations to the
18    Governor and the General Assembly on policies relating to
19    criminal justice information systems;
20        (q) To direct all other agencies under the jurisdiction
21    of the Governor to provide whatever assistance and
22    information the Authority may lawfully require to carry out
23    its functions;
24        (r) To exercise any other powers that are reasonable
25    and necessary to fulfill the responsibilities of the
26    Authority under this Act and to comply with the

 

 

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1    requirements of applicable federal law or regulation;
2        (s) To exercise the rights, powers and duties which
3    have been vested in the Authority by the "Illinois Uniform
4    Conviction Information Act", enacted by the 85th General
5    Assembly, as hereafter amended;
6        (t) To exercise the rights, powers and duties which
7    have been vested in the Authority by the Illinois Motor
8    Vehicle Theft Prevention Act;
9        (u) To exercise the rights, powers, and duties vested
10    in the Authority by the Illinois Public Safety Agency
11    Network Act; and
12        (v) To provide technical assistance in the form of
13    training to local governmental entities within Illinois
14    requesting such assistance for the purposes of procuring
15    grants for gang intervention and gang prevention programs
16    or other criminal justice programs from the United States
17    Department of Justice.
18    The requirement for reporting to the General Assembly shall
19be satisfied by filing copies of the report with the Speaker,
20the Minority Leader and the Clerk of the House of
21Representatives and the President, the Minority Leader and the
22Secretary of the Senate and the Legislative Research Unit, as
23required by Section 3.1 of "An Act to revise the law in
24relation to the General Assembly", approved February 25, 1874,
25as amended, and filing such additional copies with the State
26Government Report Distribution Center for the General Assembly

 

 

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1as is required under paragraph (t) of Section 7 of the State
2Library Act.
3(Source: P.A. 97-435, eff. 1-1-12.)
 
4    (20 ILCS 3965/Act rep.)
5    Section 10-60. The Illinois Economic Development Board Act
6is repealed.
 
7    (20 ILCS 4065/Act rep.)
8    Section 10-65. The Illinois Children's Savings Accounts
9Act is repealed.
 
10    (20 ILCS 5000/Act rep.)
11    Section 10-70. The Task Force on Inventorying Employment
12Restrictions Act is repealed.
 
13    (30 ILCS 375/Act rep.)
14    Section 10-75. The Local Government Debt Offering Act is
15repealed.
 
16    (30 ILCS 577/35-20 rep.)
17    Section 10-80. The State Construction Minority and Female
18Building Trades Act is amended by repealing Section 35-20.
 
19    (30 ILCS 750/9-4.5 rep.)
20    (30 ILCS 750/11-4 rep.)

 

 

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1    Section 10-85. The Build Illinois Act is amended by
2repealing Sections 9-4.5 and 11-4.
 
3    Section 10-90. The Illinois Income Tax Act is amended by
4changing Section 901 as follows:
 
5    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
6    Sec. 901. Collection authority.
7    (a) In general.
8    The Department shall collect the taxes imposed by this Act.
9The Department shall collect certified past due child support
10amounts under Section 2505-650 of the Department of Revenue Law
11(20 ILCS 2505/2505-650). Except as provided in subsections (c),
12(e), (f), (g), and (h) of this Section, money collected
13pursuant to subsections (a) and (b) of Section 201 of this Act
14shall be paid into the General Revenue Fund in the State
15treasury; money collected pursuant to subsections (c) and (d)
16of Section 201 of this Act shall be paid into the Personal
17Property Tax Replacement Fund, a special fund in the State
18Treasury; and money collected under Section 2505-650 of the
19Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
20into the Child Support Enforcement Trust Fund, a special fund
21outside the State Treasury, or to the State Disbursement Unit
22established under Section 10-26 of the Illinois Public Aid
23Code, as directed by the Department of Healthcare and Family
24Services.

 

 

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1    (b) Local Government Distributive Fund.
2    Beginning August 1, 1969, and continuing through June 30,
31994, the Treasurer shall transfer each month from the General
4Revenue Fund to a special fund in the State treasury, to be
5known as the "Local Government Distributive Fund", an amount
6equal to 1/12 of the net revenue realized from the tax imposed
7by subsections (a) and (b) of Section 201 of this Act during
8the preceding month. Beginning July 1, 1994, and continuing
9through June 30, 1995, the Treasurer shall transfer each month
10from the General Revenue Fund to the Local Government
11Distributive Fund an amount equal to 1/11 of the net revenue
12realized from the tax imposed by subsections (a) and (b) of
13Section 201 of this Act during the preceding month. Beginning
14July 1, 1995 and continuing through January 31, 2011, the
15Treasurer shall transfer each month from the General Revenue
16Fund to the Local Government Distributive Fund an amount equal
17to the net of (i) 1/10 of the net revenue realized from the tax
18imposed by subsections (a) and (b) of Section 201 of the
19Illinois Income Tax Act during the preceding month (ii) minus,
20beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
21and beginning July 1, 2004, zero. Beginning February 1, 2011,
22and continuing through January 31, 2015, the Treasurer shall
23transfer each month from the General Revenue Fund to the Local
24Government Distributive Fund an amount equal to the sum of (i)
256% (10% of the ratio of the 3% individual income tax rate prior
26to 2011 to the 5% individual income tax rate after 2010) of the

 

 

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1net revenue realized from the tax imposed by subsections (a)
2and (b) of Section 201 of this Act upon individuals, trusts,
3and estates during the preceding month and (ii) 6.86% (10% of
4the ratio of the 4.8% corporate income tax rate prior to 2011
5to the 7% corporate income tax rate after 2010) of the net
6revenue realized from the tax imposed by subsections (a) and
7(b) of Section 201 of this Act upon corporations during the
8preceding month. Beginning February 1, 2015 and continuing
9through January 31, 2025, the Treasurer shall transfer each
10month from the General Revenue Fund to the Local Government
11Distributive Fund an amount equal to the sum of (i) 8% (10% of
12the ratio of the 3% individual income tax rate prior to 2011 to
13the 3.75% individual income tax rate after 2014) of the net
14revenue realized from the tax imposed by subsections (a) and
15(b) of Section 201 of this Act upon individuals, trusts, and
16estates during the preceding month and (ii) 9.14% (10% of the
17ratio of the 4.8% corporate income tax rate prior to 2011 to
18the 5.25% corporate income tax rate after 2014) of the net
19revenue realized from the tax imposed by subsections (a) and
20(b) of Section 201 of this Act upon corporations during the
21preceding month. Beginning February 1, 2025, the Treasurer
22shall transfer each month from the General Revenue Fund to the
23Local Government Distributive Fund an amount equal to the sum
24of (i) 9.23% (10% of the ratio of the 3% individual income tax
25rate prior to 2011 to the 3.25% individual income tax rate
26after 2024) of the net revenue realized from the tax imposed by

 

 

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1subsections (a) and (b) of Section 201 of this Act upon
2individuals, trusts, and estates during the preceding month and
3(ii) 10% of the net revenue realized from the tax imposed by
4subsections (a) and (b) of Section 201 of this Act upon
5corporations during the preceding month. Net revenue realized
6for a month shall be defined as the revenue from the tax
7imposed by subsections (a) and (b) of Section 201 of this Act
8which is deposited in the General Revenue Fund, the Education
9Assistance Fund, the Income Tax Surcharge Local Government
10Distributive Fund, the Fund for the Advancement of Education,
11and the Commitment to Human Services Fund during the month
12minus the amount paid out of the General Revenue Fund in State
13warrants during that same month as refunds to taxpayers for
14overpayment of liability under the tax imposed by subsections
15(a) and (b) of Section 201 of this Act.
16    Beginning on August 26, 2014 (the effective date of Public
17Act 98-1052), the Comptroller shall perform the transfers
18required by this subsection (b) no later than 60 days after he
19or she receives the certification from the Treasurer as
20provided in Section 1 of the State Revenue Sharing Act.
21    (c) Deposits Into Income Tax Refund Fund.
22        (1) Beginning on January 1, 1989 and thereafter, the
23    Department shall deposit a percentage of the amounts
24    collected pursuant to subsections (a) and (b)(1), (2), and
25    (3), of Section 201 of this Act into a fund in the State
26    treasury known as the Income Tax Refund Fund. The

 

 

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1    Department shall deposit 6% of such amounts during the
2    period beginning January 1, 1989 and ending on June 30,
3    1989. Beginning with State fiscal year 1990 and for each
4    fiscal year thereafter, the percentage deposited into the
5    Income Tax Refund Fund during a fiscal year shall be the
6    Annual Percentage. For fiscal years 1999 through 2001, the
7    Annual Percentage shall be 7.1%. For fiscal year 2003, the
8    Annual Percentage shall be 8%. For fiscal year 2004, the
9    Annual Percentage shall be 11.7%. Upon the effective date
10    of this amendatory Act of the 93rd General Assembly, the
11    Annual Percentage shall be 10% for fiscal year 2005. For
12    fiscal year 2006, the Annual Percentage shall be 9.75%. For
13    fiscal year 2007, the Annual Percentage shall be 9.75%. For
14    fiscal year 2008, the Annual Percentage shall be 7.75%. For
15    fiscal year 2009, the Annual Percentage shall be 9.75%. For
16    fiscal year 2010, the Annual Percentage shall be 9.75%. For
17    fiscal year 2011, the Annual Percentage shall be 8.75%. For
18    fiscal year 2012, the Annual Percentage shall be 8.75%. For
19    fiscal year 2013, the Annual Percentage shall be 9.75%. For
20    fiscal year 2014, the Annual Percentage shall be 9.5%. For
21    fiscal year 2015, the Annual Percentage shall be 10%. For
22    all other fiscal years, the Annual Percentage shall be
23    calculated as a fraction, the numerator of which shall be
24    the amount of refunds approved for payment by the
25    Department during the preceding fiscal year as a result of
26    overpayment of tax liability under subsections (a) and

 

 

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1    (b)(1), (2), and (3) of Section 201 of this Act plus the
2    amount of such refunds remaining approved but unpaid at the
3    end of the preceding fiscal year, minus the amounts
4    transferred into the Income Tax Refund Fund from the
5    Tobacco Settlement Recovery Fund, and the denominator of
6    which shall be the amounts which will be collected pursuant
7    to subsections (a) and (b)(1), (2), and (3) of Section 201
8    of this Act during the preceding fiscal year; except that
9    in State fiscal year 2002, the Annual Percentage shall in
10    no event exceed 7.6%. The Director of Revenue shall certify
11    the Annual Percentage to the Comptroller on the last
12    business day of the fiscal year immediately preceding the
13    fiscal year for which it is to be effective.
14        (2) Beginning on January 1, 1989 and thereafter, the
15    Department shall deposit a percentage of the amounts
16    collected pursuant to subsections (a) and (b)(6), (7), and
17    (8), (c) and (d) of Section 201 of this Act into a fund in
18    the State treasury known as the Income Tax Refund Fund. The
19    Department shall deposit 18% of such amounts during the
20    period beginning January 1, 1989 and ending on June 30,
21    1989. Beginning with State fiscal year 1990 and for each
22    fiscal year thereafter, the percentage deposited into the
23    Income Tax Refund Fund during a fiscal year shall be the
24    Annual Percentage. For fiscal years 1999, 2000, and 2001,
25    the Annual Percentage shall be 19%. For fiscal year 2003,
26    the Annual Percentage shall be 27%. For fiscal year 2004,

 

 

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1    the Annual Percentage shall be 32%. Upon the effective date
2    of this amendatory Act of the 93rd General Assembly, the
3    Annual Percentage shall be 24% for fiscal year 2005. For
4    fiscal year 2006, the Annual Percentage shall be 20%. For
5    fiscal year 2007, the Annual Percentage shall be 17.5%. For
6    fiscal year 2008, the Annual Percentage shall be 15.5%. For
7    fiscal year 2009, the Annual Percentage shall be 17.5%. For
8    fiscal year 2010, the Annual Percentage shall be 17.5%. For
9    fiscal year 2011, the Annual Percentage shall be 17.5%. For
10    fiscal year 2012, the Annual Percentage shall be 17.5%. For
11    fiscal year 2013, the Annual Percentage shall be 14%. For
12    fiscal year 2014, the Annual Percentage shall be 13.4%. For
13    fiscal year 2015, the Annual Percentage shall be 14%. For
14    all other fiscal years, the Annual Percentage shall be
15    calculated as a fraction, the numerator of which shall be
16    the amount of refunds approved for payment by the
17    Department during the preceding fiscal year as a result of
18    overpayment of tax liability under subsections (a) and
19    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
20    Act plus the amount of such refunds remaining approved but
21    unpaid at the end of the preceding fiscal year, and the
22    denominator of which shall be the amounts which will be
23    collected pursuant to subsections (a) and (b)(6), (7), and
24    (8), (c) and (d) of Section 201 of this Act during the
25    preceding fiscal year; except that in State fiscal year
26    2002, the Annual Percentage shall in no event exceed 23%.

 

 

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1    The Director of Revenue shall certify the Annual Percentage
2    to the Comptroller on the last business day of the fiscal
3    year immediately preceding the fiscal year for which it is
4    to be effective.
5        (3) The Comptroller shall order transferred and the
6    Treasurer shall transfer from the Tobacco Settlement
7    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
8    in January, 2001, (ii) $35,000,000 in January, 2002, and
9    (iii) $35,000,000 in January, 2003.
10    (d) Expenditures from Income Tax Refund Fund.
11        (1) Beginning January 1, 1989, money in the Income Tax
12    Refund Fund shall be expended exclusively for the purpose
13    of paying refunds resulting from overpayment of tax
14    liability under Section 201 of this Act, for paying rebates
15    under Section 208.1 in the event that the amounts in the
16    Homeowners' Tax Relief Fund are insufficient for that
17    purpose, and for making transfers pursuant to this
18    subsection (d).
19        (2) The Director shall order payment of refunds
20    resulting from overpayment of tax liability under Section
21    201 of this Act from the Income Tax Refund Fund only to the
22    extent that amounts collected pursuant to Section 201 of
23    this Act and transfers pursuant to this subsection (d) and
24    item (3) of subsection (c) have been deposited and retained
25    in the Fund.
26        (3) As soon as possible after the end of each fiscal

 

 

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1    year, the Director shall order transferred and the State
2    Treasurer and State Comptroller shall transfer from the
3    Income Tax Refund Fund to the Personal Property Tax
4    Replacement Fund an amount, certified by the Director to
5    the Comptroller, equal to the excess of the amount
6    collected pursuant to subsections (c) and (d) of Section
7    201 of this Act deposited into the Income Tax Refund Fund
8    during the fiscal year over the amount of refunds resulting
9    from overpayment of tax liability under subsections (c) and
10    (d) of Section 201 of this Act paid from the Income Tax
11    Refund Fund during the fiscal year.
12        (4) As soon as possible after the end of each fiscal
13    year, the Director shall order transferred and the State
14    Treasurer and State Comptroller shall transfer from the
15    Personal Property Tax Replacement Fund to the Income Tax
16    Refund Fund an amount, certified by the Director to the
17    Comptroller, equal to the excess of the amount of refunds
18    resulting from overpayment of tax liability under
19    subsections (c) and (d) of Section 201 of this Act paid
20    from the Income Tax Refund Fund during the fiscal year over
21    the amount collected pursuant to subsections (c) and (d) of
22    Section 201 of this Act deposited into the Income Tax
23    Refund Fund during the fiscal year.
24        (4.5) As soon as possible after the end of fiscal year
25    1999 and of each fiscal year thereafter, the Director shall
26    order transferred and the State Treasurer and State

 

 

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1    Comptroller shall transfer from the Income Tax Refund Fund
2    to the General Revenue Fund any surplus remaining in the
3    Income Tax Refund Fund as of the end of such fiscal year;
4    excluding for fiscal years 2000, 2001, and 2002 amounts
5    attributable to transfers under item (3) of subsection (c)
6    less refunds resulting from the earned income tax credit.
7        (5) This Act shall constitute an irrevocable and
8    continuing appropriation from the Income Tax Refund Fund
9    for the purpose of paying refunds upon the order of the
10    Director in accordance with the provisions of this Section.
11    (e) Deposits into the Education Assistance Fund and the
12Income Tax Surcharge Local Government Distributive Fund.
13    On July 1, 1991, and thereafter, of the amounts collected
14pursuant to subsections (a) and (b) of Section 201 of this Act,
15minus deposits into the Income Tax Refund Fund, the Department
16shall deposit 7.3% into the Education Assistance Fund in the
17State Treasury. Beginning July 1, 1991, and continuing through
18January 31, 1993, of the amounts collected pursuant to
19subsections (a) and (b) of Section 201 of the Illinois Income
20Tax Act, minus deposits into the Income Tax Refund Fund, the
21Department shall deposit 3.0% into the Income Tax Surcharge
22Local Government Distributive Fund in the State Treasury.
23Beginning February 1, 1993 and continuing through June 30,
241993, of the amounts collected pursuant to subsections (a) and
25(b) of Section 201 of the Illinois Income Tax Act, minus
26deposits into the Income Tax Refund Fund, the Department shall

 

 

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1deposit 4.4% into the Income Tax Surcharge Local Government
2Distributive Fund in the State Treasury. Beginning July 1,
31993, and continuing through June 30, 1994, of the amounts
4collected under subsections (a) and (b) of Section 201 of this
5Act, minus deposits into the Income Tax Refund Fund, the
6Department shall deposit 1.475% into the Income Tax Surcharge
7Local Government Distributive Fund in the State Treasury.
8    (f) Deposits into the Fund for the Advancement of
9Education. Beginning February 1, 2015, the Department shall
10deposit the following portions of the revenue realized from the
11tax imposed upon individuals, trusts, and estates by
12subsections (a) and (b) of Section 201 of this Act during the
13preceding month, minus deposits into the Income Tax Refund
14Fund, into the Fund for the Advancement of Education:
15        (1) beginning February 1, 2015, and prior to February
16    1, 2025, 1/30; and
17        (2) beginning February 1, 2025, 1/26.
18    If the rate of tax imposed by subsection (a) and (b) of
19Section 201 is reduced pursuant to Section 201.5 of this Act,
20the Department shall not make the deposits required by this
21subsection (f) on or after the effective date of the reduction.
22    (g) Deposits into the Commitment to Human Services Fund.
23Beginning February 1, 2015, the Department shall deposit the
24following portions of the revenue realized from the tax imposed
25upon individuals, trusts, and estates by subsections (a) and
26(b) of Section 201 of this Act during the preceding month,

 

 

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1minus deposits into the Income Tax Refund Fund, into the
2Commitment to Human Services Fund:
3        (1) beginning February 1, 2015, and prior to February
4    1, 2025, 1/30; and
5        (2) beginning February 1, 2025, 1/26.
6    If the rate of tax imposed by subsection (a) and (b) of
7Section 201 is reduced pursuant to Section 201.5 of this Act,
8the Department shall not make the deposits required by this
9subsection (g) on or after the effective date of the reduction.
10    (h) Deposits into the Tax Compliance and Administration
11Fund. Beginning on the first day of the first calendar month to
12occur on or after August 26, 2014 (the effective date of Public
13Act 98-1098), each month the Department shall pay into the Tax
14Compliance and Administration Fund, to be used, subject to
15appropriation, to fund additional auditors and compliance
16personnel at the Department, an amount equal to 1/12 of 5% of
17the cash receipts collected during the preceding fiscal year by
18the Audit Bureau of the Department from the tax imposed by
19subsections (a), (b), (c), and (d) of Section 201 of this Act,
20net of deposits into the Income Tax Refund Fund made from those
21cash receipts.
22(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
2398-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff.
247-20-15.)
 
25    Section 10-95. The Property Tax Code is amended by changing

 

 

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1Section 20-15 as follows:
 
2    (35 ILCS 200/20-15)
3    Sec. 20-15. Information on bill or separate statement.
4There shall be printed on each bill, or on a separate slip
5which shall be mailed with the bill:
6        (a) a statement itemizing the rate at which taxes have
7    been extended for each of the taxing districts in the
8    county in whose district the property is located, and in
9    those counties utilizing electronic data processing
10    equipment the dollar amount of tax due from the person
11    assessed allocable to each of those taxing districts,
12    including a separate statement of the dollar amount of tax
13    due which is allocable to a tax levied under the Illinois
14    Local Library Act or to any other tax levied by a
15    municipality or township for public library purposes,
16        (b) a separate statement for each of the taxing
17    districts of the dollar amount of tax due which is
18    allocable to a tax levied under the Illinois Pension Code
19    or to any other tax levied by a municipality or township
20    for public pension or retirement purposes,
21        (c) the total tax rate,
22        (d) the total amount of tax due, and
23        (e) the amount by which the total tax and the tax
24    allocable to each taxing district differs from the
25    taxpayer's last prior tax bill.

 

 

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1    The county treasurer shall ensure that only those taxing
2districts in which a parcel of property is located shall be
3listed on the bill for that property.
4    In all counties the statement shall also provide:
5        (1) the property index number or other suitable
6    description,
7        (2) the assessment of the property,
8        (3) the statutory amount of each homestead exemption
9    applied to the property,
10        (4) the assessed value of the property after
11    application of all homestead exemptions,
12        (5) the equalization factors imposed by the county and
13    by the Department, and
14        (6) the equalized assessment resulting from the
15    application of the equalization factors to the basic
16    assessment.
17    In all counties which do not classify property for purposes
18of taxation, for property on which a single family residence is
19situated the statement shall also include a statement to
20reflect the fair cash value determined for the property. In all
21counties which classify property for purposes of taxation in
22accordance with Section 4 of Article IX of the Illinois
23Constitution, for parcels of residential property in the lowest
24assessment classification the statement shall also include a
25statement to reflect the fair cash value determined for the
26property.

 

 

SB1936 Engrossed- 83 -LRB100 08351 WGH 18460 b

1    In all counties, the statement must include information
2that certain taxpayers may be eligible for tax exemptions,
3abatements, and other assistance programs and that, for more
4information, taxpayers should consult with the office of their
5township or county assessor and with the Illinois Department of
6Revenue.
7    In all counties, the statement shall include information
8that certain taxpayers may be eligible for the Senior Citizens
9and Persons with Disabilities Property Tax Relief Act and that
10applications are available from the Illinois Department on
11Aging.
12    In counties which use the estimated or accelerated billing
13methods, these statements shall only be provided with the final
14installment of taxes due. The provisions of this Section create
15a mandatory statutory duty. They are not merely directory or
16discretionary. The failure or neglect of the collector to mail
17the bill, or the failure of the taxpayer to receive the bill,
18shall not affect the validity of any tax, or the liability for
19the payment of any tax.
20(Source: P.A. 98-93, eff. 7-16-13; 99-143, eff. 7-27-15.)
 
21    Section 10-100. The Illinois Public Safety Agency Network
22Act is amended by changing Section 5 as follows:
 
23    (50 ILCS 752/5)
24    Sec. 5. Definitions. As used in this Act, unless the

 

 

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1context requires otherwise:
2    "ALECS" means the Automated Law Enforcement Communications
3System.
4    "ALERTS" means the Area-wide Law Enforcement Radio
5Terminal System.
6    "Authority" means the Illinois Criminal Justice
7Information Authority.
8    "Board" means the Board of Directors of Illinois Public
9Safety Agency Network, Inc.
10    "IPSAN" or "Partnership" means Illinois Public Safety
11Agency Network, Inc., the not-for-profit entity incorporated
12as provided in this Act.
13    "PIMS" means the Police Information Management System.
14    "Trust Fund" means the Criminal Justice Information
15Systems Trust Fund.
16(Source: P.A. 94-896, eff. 7-1-06.)
 
17    (70 ILCS 210/22.1 rep.)
18    Section 10-105. The Metropolitan Pier and Exposition
19Authority Act is amended by repealing Section 22.1.
 
20    (235 ILCS 5/Art. XII rep.)
21    Section 10-110. The Liquor Control Act of 1934 is amended
22by repealing Article XII.
 
23    (310 ILCS 5/42 rep.)

 

 

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1    (310 ILCS 5/43 rep.)
2    (310 ILCS 5/44 rep.)
3    Section 10-115. The State Housing Act is amended by
4repealing Sections 42, 43, and 44.
 
5    (310 ILCS 20/3b rep.)
6    Section 10-120. The Housing Development and Construction
7Act is amended by repealing Section 3b.
 
8    (310 ILCS 30/2 rep.)
9    Section 10-125. The Redevelopment Project Rehousing and
10Capital Improvements Act is amended by repealing Section 2.
 
11    (310 ILCS 55/Act rep.)
12    Section 10-130. The Home Ownership Made Easy Act is
13repealed.
 
14    (310 ILCS 65/16 rep.)
15    Section 10-135. The Illinois Affordable Housing Act is
16amended by repealing Section 16.
 
17    (315 ILCS 5/Act rep.)
18    Section 10-140. The Blighted Areas Redevelopment Act of
191947 is repealed.
 
20    Section 10-145. The Blighted Vacant Areas Development Act

 

 

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1of 1949 is amended by changing Section 6 as follows:
 
2    (315 ILCS 10/6)  (from Ch. 67 1/2, par. 91.6)
3    Sec. 6. Sale of land. After title to the site is vested in
4the State of Illinois, the State of Illinois, acting through
5the Governor and the Secretary of State, shall sign, seal, and
6deliver a deed conveying the site to the developer or his
7heirs, legatees, successors or assigns, in consideration of the
8offer of the developer, provided that:
9    (a) The plans of development have been approved by the
10corporate authorities of the municipality in which the site is
11located, or by the corporate authorities of the county where
12the site is located in an unincorporated area.
13    (b) (Blank). The developer has satisfied the Department
14that the completion of development will be accomplished within
15a reasonable time after title to the site has been acquired
16from the State of Illinois by depositing bond with surety to be
17approved by the Department, or making a cash deposit, in either
18case in such amount as shall be deemed adequate by the
19Department. Such bonds shall designate the People of the State
20of Illinois as obligee thereunder and the developer as obligor
21thereon, and shall be conditioned upon completion of
22development by the developer in accordance with the plans of
23development, or such revisions therein as may be approved by
24the Department, within a period to be specified by the
25Department or any subsequent extension of this period by the

 

 

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1Department.
2    Such bond shall be in substantially the following form:
3"We, A.B., C.D., and E.F., of the County of .... and State of
4Illinois, as principals, and .... as surety, are obligated to
5the People of the State of Illinois in the penal sum of $....,
6lawful money of the United States, for the payment of which we
7and each of us obligate ourselves and our heirs, executors,
8administrators and assigns jointly.
9    The condition of this bond is such that if the above stated
10A.B., C.D., and E.F., shall complete development of a site
11located at .... in accordance with plans of development
12submitted to the Department on (insert date), or in accordance
13with such revisions of such plans of development as may
14hereafter be approved by the Department, such completion of
15development to be within a period of .... years, or any
16subsequent extension of this period by the Department, then
17this obligation is void; otherwise it remains in full force and
18effect.
19    Dated (insert date).
20    Signature of A.B. ___________
21    Signature of C.D. ___________
22    Signature of E.F. ___________"
 
23    The bond shall be signed by the principals and sureties and
24after approval by the Department shall be filed and recorded by
25the Department.

 

 

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1(Source: P.A. 91-357, eff. 7-29-99.)
 
2    (315 ILCS 10/4 rep.)
3    Section 10-150. The Blighted Vacant Areas Development Act
4of 1949 is amended by repealing Section 4.
 
5    (315 ILCS 25/Act rep.)
6    Section 10-155. The Urban Community Conservation Act is
7repealed.
 
8    (315 ILCS 30/Act rep.)
9    Section 10-160. The Urban Renewal Consolidation Act of 1961
10is repealed.
 
11    (315 ILCS 35/Act rep.)
12    Section 10-165. The Urban Flooding Awareness Act is
13repealed.
 
14    Section 10-170. The Older Adult Services Act is amended by
15changing Section 35 as follows:
 
16    (320 ILCS 42/35)
17    Sec. 35. Older Adult Services Advisory Committee.
18    (a) The Older Adult Services Advisory Committee is created
19to advise the directors of Aging, Healthcare and Family
20Services, and Public Health on all matters related to this Act

 

 

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1and the delivery of services to older adults in general.
2    (b) The Advisory Committee shall be comprised of the
3following:
4        (1) The Director of Aging or his or her designee, who
5    shall serve as chair and shall be an ex officio and
6    nonvoting member.
7        (2) The Director of Healthcare and Family Services and
8    the Director of Public Health or their designees, who shall
9    serve as vice-chairs and shall be ex officio and nonvoting
10    members.
11        (3) One representative each of the Governor's Office,
12    the Department of Healthcare and Family Services, the
13    Department of Public Health, the Department of Veterans'
14    Affairs, the Department of Human Services, the Department
15    of Insurance, the Department of Commerce and Economic
16    Opportunity, the Department on Aging, the Department on
17    Aging's State Long Term Care Ombudsman, the Illinois
18    Housing Finance Authority, and the Illinois Housing
19    Development Authority, each of whom shall be selected by
20    his or her respective director and shall be an ex officio
21    and nonvoting member.
22        (4) Thirty members appointed by the Director of Aging
23    in collaboration with the directors of Public Health and
24    Healthcare and Family Services, and selected from the
25    recommendations of statewide associations and
26    organizations, as follows:

 

 

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1            (A) One member representing the Area Agencies on
2        Aging;
3            (B) Four members representing nursing homes or
4        licensed assisted living establishments;
5            (C) One member representing home health agencies;
6            (D) One member representing case management
7        services;
8            (E) One member representing statewide senior
9        center associations;
10            (F) One member representing Community Care Program
11        homemaker services;
12            (G) One member representing Community Care Program
13        adult day services;
14            (H) One member representing nutrition project
15        directors;
16            (I) One member representing hospice programs;
17            (J) One member representing individuals with
18        Alzheimer's disease and related dementias;
19            (K) Two members representing statewide trade or
20        labor unions;
21            (L) One advanced practice nurse with experience in
22        gerontological nursing;
23            (M) One physician specializing in gerontology;
24            (N) One member representing regional long-term
25        care ombudsmen;
26            (O) One member representing municipal, township,

 

 

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1        or county officials;
2            (P) (Blank);
3            (Q) (Blank);
4            (R) One member representing the parish nurse
5        movement;
6            (S) One member representing pharmacists;
7            (T) Two members representing statewide
8        organizations engaging in advocacy or legal
9        representation on behalf of the senior population;
10            (U) Two family caregivers;
11            (V) Two citizen members over the age of 60;
12            (W) One citizen with knowledge in the area of
13        gerontology research or health care law;
14            (X) One representative of health care facilities
15        licensed under the Hospital Licensing Act; and
16            (Y) One representative of primary care service
17        providers.
18    The Director of Aging, in collaboration with the Directors
19of Public Health and Healthcare and Family Services, may
20appoint additional citizen members to the Older Adult Services
21Advisory Committee. Each such additional member must be either
22an individual age 60 or older or an uncompensated caregiver for
23a family member or friend who is age 60 or older.
24    (c) Voting members of the Advisory Committee shall serve
25for a term of 3 years or until a replacement is named. All
26members shall be appointed no later than January 1, 2005. Of

 

 

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1the initial appointees, as determined by lot, 10 members shall
2serve a term of one year; 10 shall serve for a term of 2 years;
3and 12 shall serve for a term of 3 years. Any member appointed
4to fill a vacancy occurring prior to the expiration of the term
5for which his or her predecessor was appointed shall be
6appointed for the remainder of that term. The Advisory
7Committee shall meet at least quarterly and may meet more
8frequently at the call of the Chair. A simple majority of those
9appointed shall constitute a quorum. The affirmative vote of a
10majority of those present and voting shall be necessary for
11Advisory Committee action. Members of the Advisory Committee
12shall receive no compensation for their services.
13    (d) The Advisory Committee shall have an Executive
14Committee comprised of the Chair, the Vice Chairs, and up to 15
15members of the Advisory Committee appointed by the Chair who
16have demonstrated expertise in developing, implementing, or
17coordinating the system restructuring initiatives defined in
18Section 25. The Executive Committee shall have responsibility
19to oversee and structure the operations of the Advisory
20Committee and to create and appoint necessary subcommittees and
21subcommittee members.
22    (e) The Advisory Committee shall study and make
23recommendations related to the implementation of this Act,
24including but not limited to system restructuring initiatives
25as defined in Section 25 or otherwise related to this Act.
26(Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.)
 

 

 

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1    (325 ILCS 25/Act rep.)
2    Section 10-175. The High Risk Youth Career Development Act
3is repealed.
 
4    (410 ILCS 48/25 rep.)
5    (410 ILCS 48/30 rep.)
6    Section 10-180. The Brominated Fire Retardant Prevention
7Act is amended by repealing Sections 25 and 30.
 
8    Section 10-185. The Environmental Protection Act is
9amended by changing Sections 21.6, 22.15, 22.23, 22.28, 22.29,
1055, and 55.6 as follows:
 
11    (415 ILCS 5/21.6)  (from Ch. 111 1/2, par. 1021.6)
12    Sec. 21.6. Materials disposal ban.
13    (a) Beginning July 1, 1996, no person may knowingly mix
14liquid used oil with any municipal waste that is intended for
15collection and disposal at a landfill.
16    (b) Beginning July 1, 1996, no owner or operator of a
17sanitary landfill shall accept for final disposal liquid used
18oil that is discernible in the course of prudent business
19operation.
20    (c) For purposes of this Section, "liquid used oil" does
21not include used oil filters, rags, absorbent material used to
22collect spilled oil or other materials incidentally

 

 

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1contaminated with used oil, or empty containers which
2previously contained virgin oil, re-refined oil, or used oil.
3    (d) (Blank). The Agency and the Department of Commerce and
4Economic Opportunity shall investigate the manner in which
5liquid used oil is currently being utilized and potential
6prospects for future use.
7(Source: P.A. 94-793, eff. 5-19-06.)
 
8    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
9    Sec. 22.15. Solid Waste Management Fund; fees.
10    (a) There is hereby created within the State Treasury a
11special fund to be known as the "Solid Waste Management Fund",
12to be constituted from the fees collected by the State pursuant
13to this Section and from repayments of loans made from the Fund
14for solid waste projects. Moneys received by the Department of
15Commerce and Economic Opportunity in repayment of loans made
16pursuant to the Illinois Solid Waste Management Act shall be
17deposited into the General Revenue Fund.
18    (b) The Agency shall assess and collect a fee in the amount
19set forth herein from the owner or operator of each sanitary
20landfill permitted or required to be permitted by the Agency to
21dispose of solid waste if the sanitary landfill is located off
22the site where such waste was produced and if such sanitary
23landfill is owned, controlled, and operated by a person other
24than the generator of such waste. The Agency shall deposit all
25fees collected into the Solid Waste Management Fund. If a site

 

 

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1is contiguous to one or more landfills owned or operated by the
2same person, the volumes permanently disposed of by each
3landfill shall be combined for purposes of determining the fee
4under this subsection.
5        (1) If more than 150,000 cubic yards of non-hazardous
6    solid waste is permanently disposed of at a site in a
7    calendar year, the owner or operator shall either pay a fee
8    of 95 cents per cubic yard or, alternatively, the owner or
9    operator may weigh the quantity of the solid waste
10    permanently disposed of with a device for which
11    certification has been obtained under the Weights and
12    Measures Act and pay a fee of $2.00 per ton of solid waste
13    permanently disposed of. In no case shall the fee collected
14    or paid by the owner or operator under this paragraph
15    exceed $1.55 per cubic yard or $3.27 per ton.
16        (2) If more than 100,000 cubic yards but not more than
17    150,000 cubic yards of non-hazardous waste is permanently
18    disposed of at a site in a calendar year, the owner or
19    operator shall pay a fee of $52,630.
20        (3) If more than 50,000 cubic yards but not more than
21    100,000 cubic yards of non-hazardous solid waste is
22    permanently disposed of at a site in a calendar year, the
23    owner or operator shall pay a fee of $23,790.
24        (4) If more than 10,000 cubic yards but not more than
25    50,000 cubic yards of non-hazardous solid waste is
26    permanently disposed of at a site in a calendar year, the

 

 

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1    owner or operator shall pay a fee of $7,260.
2        (5) If not more than 10,000 cubic yards of
3    non-hazardous solid waste is permanently disposed of at a
4    site in a calendar year, the owner or operator shall pay a
5    fee of $1050.
6    (c) (Blank).
7    (d) The Agency shall establish rules relating to the
8collection of the fees authorized by this Section. Such rules
9shall include, but not be limited to:
10        (1) necessary records identifying the quantities of
11    solid waste received or disposed;
12        (2) the form and submission of reports to accompany the
13    payment of fees to the Agency;
14        (3) the time and manner of payment of fees to the
15    Agency, which payments shall not be more often than
16    quarterly; and
17        (4) procedures setting forth criteria establishing
18    when an owner or operator may measure by weight or volume
19    during any given quarter or other fee payment period.
20    (e) Pursuant to appropriation, all monies in the Solid
21Waste Management Fund shall be used by the Agency and the
22Department of Commerce and Economic Opportunity for the
23purposes set forth in this Section and in the Illinois Solid
24Waste Management Act, including for the costs of fee collection
25and administration.
26    (f) The Agency is authorized to enter into such agreements

 

 

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1and to promulgate such rules as are necessary to carry out its
2duties under this Section and the Illinois Solid Waste
3Management Act.
4    (g) On the first day of January, April, July, and October
5of each year, beginning on July 1, 1996, the State Comptroller
6and Treasurer shall transfer $500,000 from the Solid Waste
7Management Fund to the Hazardous Waste Fund. Moneys transferred
8under this subsection (g) shall be used only for the purposes
9set forth in item (1) of subsection (d) of Section 22.2.
10    (h) The Agency is authorized to provide financial
11assistance to units of local government for the performance of
12inspecting, investigating and enforcement activities pursuant
13to Section 4(r) at nonhazardous solid waste disposal sites.
14    (i) The Agency is authorized to support the operations of
15an industrial materials exchange service, and to conduct
16household waste collection and disposal programs.
17    (j) A unit of local government, as defined in the Local
18Solid Waste Disposal Act, in which a solid waste disposal
19facility is located may establish a fee, tax, or surcharge with
20regard to the permanent disposal of solid waste. All fees,
21taxes, and surcharges collected under this subsection shall be
22utilized for solid waste management purposes, including
23long-term monitoring and maintenance of landfills, planning,
24implementation, inspection, enforcement and other activities
25consistent with the Solid Waste Management Act and the Local
26Solid Waste Disposal Act, or for any other environment-related

 

 

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1purpose, including but not limited to an environment-related
2public works project, but not for the construction of a new
3pollution control facility other than a household hazardous
4waste facility. However, the total fee, tax or surcharge
5imposed by all units of local government under this subsection
6(j) upon the solid waste disposal facility shall not exceed:
7        (1) 60¢ per cubic yard if more than 150,000 cubic yards
8    of non-hazardous solid waste is permanently disposed of at
9    the site in a calendar year, unless the owner or operator
10    weighs the quantity of the solid waste received with a
11    device for which certification has been obtained under the
12    Weights and Measures Act, in which case the fee shall not
13    exceed $1.27 per ton of solid waste permanently disposed
14    of.
15        (2) $33,350 if more than 100,000 cubic yards, but not
16    more than 150,000 cubic yards, of non-hazardous waste is
17    permanently disposed of at the site in a calendar year.
18        (3) $15,500 if more than 50,000 cubic yards, but not
19    more than 100,000 cubic yards, of non-hazardous solid waste
20    is permanently disposed of at the site in a calendar year.
21        (4) $4,650 if more than 10,000 cubic yards, but not
22    more than 50,000 cubic yards, of non-hazardous solid waste
23    is permanently disposed of at the site in a calendar year.
24        (5) $$650 if not more than 10,000 cubic yards of
25    non-hazardous solid waste is permanently disposed of at the
26    site in a calendar year.

 

 

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1    The corporate authorities of the unit of local government
2may use proceeds from the fee, tax, or surcharge to reimburse a
3highway commissioner whose road district lies wholly or
4partially within the corporate limits of the unit of local
5government for expenses incurred in the removal of
6nonhazardous, nonfluid municipal waste that has been dumped on
7public property in violation of a State law or local ordinance.
8    A county or Municipal Joint Action Agency that imposes a
9fee, tax, or surcharge under this subsection may use the
10proceeds thereof to reimburse a municipality that lies wholly
11or partially within its boundaries for expenses incurred in the
12removal of nonhazardous, nonfluid municipal waste that has been
13dumped on public property in violation of a State law or local
14ordinance.
15    If the fees are to be used to conduct a local sanitary
16landfill inspection or enforcement program, the unit of local
17government must enter into a written delegation agreement with
18the Agency pursuant to subsection (r) of Section 4. The unit of
19local government and the Agency shall enter into such a written
20delegation agreement within 60 days after the establishment of
21such fees. At least annually, the Agency shall conduct an audit
22of the expenditures made by units of local government from the
23funds granted by the Agency to the units of local government
24for purposes of local sanitary landfill inspection and
25enforcement programs, to ensure that the funds have been
26expended for the prescribed purposes under the grant.

 

 

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1    The fees, taxes or surcharges collected under this
2subsection (j) shall be placed by the unit of local government
3in a separate fund, and the interest received on the moneys in
4the fund shall be credited to the fund. The monies in the fund
5may be accumulated over a period of years to be expended in
6accordance with this subsection.
7    A unit of local government, as defined in the Local Solid
8Waste Disposal Act, shall prepare and distribute to the Agency,
9in April of each year, a report that details spending plans for
10monies collected in accordance with this subsection. The report
11will at a minimum include the following:
12        (1) The total monies collected pursuant to this
13    subsection.
14        (2) The most current balance of monies collected
15    pursuant to this subsection.
16        (3) An itemized accounting of all monies expended for
17    the previous year pursuant to this subsection.
18        (4) An estimation of monies to be collected for the
19    following 3 years pursuant to this subsection.
20        (5) A narrative detailing the general direction and
21    scope of future expenditures for one, 2 and 3 years.
22    The exemptions granted under Sections 22.16 and 22.16a, and
23under subsection (k) of this Section, shall be applicable to
24any fee, tax or surcharge imposed under this subsection (j);
25except that the fee, tax or surcharge authorized to be imposed
26under this subsection (j) may be made applicable by a unit of

 

 

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1local government to the permanent disposal of solid waste after
2December 31, 1986, under any contract lawfully executed before
3June 1, 1986 under which more than 150,000 cubic yards (or
450,000 tons) of solid waste is to be permanently disposed of,
5even though the waste is exempt from the fee imposed by the
6State under subsection (b) of this Section pursuant to an
7exemption granted under Section 22.16.
8    (k) In accordance with the findings and purposes of the
9Illinois Solid Waste Management Act, beginning January 1, 1989
10the fee under subsection (b) and the fee, tax or surcharge
11under subsection (j) shall not apply to:
12        (1) Waste which is hazardous waste; or
13        (2) Waste which is pollution control waste; or
14        (3) Waste from recycling, reclamation or reuse
15    processes which have been approved by the Agency as being
16    designed to remove any contaminant from wastes so as to
17    render such wastes reusable, provided that the process
18    renders at least 50% of the waste reusable; or
19        (4) Non-hazardous solid waste that is received at a
20    sanitary landfill and composted or recycled through a
21    process permitted by the Agency; or
22        (5) Any landfill which is permitted by the Agency to
23    receive only demolition or construction debris or
24    landscape waste.
25(Source: P.A. 97-333, eff. 8-12-11.)
 

 

 

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1    (415 ILCS 5/22.23)  (from Ch. 111 1/2, par. 1022.23)
2    Sec. 22.23. Batteries.
3    (a) Beginning September 1, 1990, any person selling
4lead-acid batteries at retail or offering lead-acid batteries
5for retail sale in this State shall:
6        (1) accept for recycling used lead-acid batteries from
7    customers, at the point of transfer, in a quantity equal to
8    the number of new batteries purchased; and
9        (2) post in a conspicuous place a written notice at
10    least 8.5 by 11 inches in size that includes the universal
11    recycling symbol and the following statements: "DO NOT put
12    motor vehicle batteries in the trash."; "Recycle your used
13    batteries."; and "State law requires us to accept motor
14    vehicle batteries for recycling, in exchange for new
15    batteries purchased.".
16    (b) Any person selling lead-acid batteries at retail in
17this State may either charge a recycling fee on each new
18lead-acid battery sold for which the customer does not return a
19used battery to the retailer, or provide a recycling credit to
20each customer who returns a used battery for recycling at the
21time of purchasing a new one.
22    (c) Beginning September 1, 1990, no lead-acid battery
23retailer may dispose of a used lead-acid battery except by
24delivering it (1) to a battery wholesaler or its agent, (2) to
25a battery manufacturer, (3) to a collection or recycling
26facility, or (4) to a secondary lead smelter permitted by

 

 

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1either a state or federal environmental agency.
2    (d) Any person selling lead-acid batteries at wholesale or
3offering lead-acid batteries for sale at wholesale shall accept
4for recycling used lead-acid batteries from customers, at the
5point of transfer, in a quantity equal to the number of new
6batteries purchased. Such used batteries shall be disposed of
7as provided in subsection (c).
8    (e) A person who accepts used lead-acid batteries for
9recycling pursuant to subsection (a) or (d) shall not allow
10such batteries to accumulate for periods of more than 90 days.
11    (f) Beginning September 1, 1990, no person may knowingly
12cause or allow:
13        (1) the placing of a lead-acid battery into any
14    container intended for collection and disposal at a
15    municipal waste sanitary landfill; or
16        (2) the disposal of any lead-acid battery in any
17    municipal waste sanitary landfill or incinerator.
18    (g) (Blank). The Department of Commerce and Economic
19Opportunity shall identify and assist in developing
20alternative processing and recycling options for used
21batteries.
22    (h) For the purpose of this Section:
23    "Lead-acid battery" means a battery containing lead and
24sulfuric acid that has a nominal voltage of at least 6 volts
25and is intended for use in motor vehicles.
26    "Motor vehicle" includes automobiles, vans, trucks,

 

 

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1tractors, motorcycles and motorboats.
2    (i) (Blank.)
3    (j) Knowing violation of this Section shall be a petty
4offense punishable by a fine of $100.
5(Source: P.A. 94-793, eff. 5-19-06.)
 
6    (415 ILCS 5/22.28)  (from Ch. 111 1/2, par. 1022.28)
7    Sec. 22.28. White goods.
8    (a) No Beginning July 1, 1994, no person shall knowingly
9offer for collection or collect white goods for the purpose of
10disposal by landfilling unless the white good components have
11been removed.
12    (b) No Beginning July 1, 1994, no owner or operator of a
13landfill shall accept any white goods for final disposal,
14except that white goods may be accepted if:
15        (1) (blank); the landfill participates in the
16    Industrial Materials Exchange Service by communicating the
17    availability of white goods;
18        (2) prior to final disposal, any white good components
19    have been removed from the white goods; and
20        (3) if white good components are removed from the white
21    goods at the landfill, a site operating plan satisfying
22    this Act has been approved under the landfill's site
23    operating permit and the conditions of the such operating
24    plan are met.
25    (c) For the purposes of this Section:

 

 

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1        (1) "White goods" shall include all discarded
2    refrigerators, ranges, water heaters, freezers, air
3    conditioners, humidifiers and other similar domestic and
4    commercial large appliances.
5        (2) "White good components" shall include:
6            (i) any chlorofluorocarbon refrigerant gas;
7            (ii) any electrical switch containing mercury;
8            (iii) any device that contains or may contain PCBs
9        in a closed system, such as a dielectric fluid for a
10        capacitor, ballast or other component; and
11            (iv) any fluorescent lamp that contains mercury.
12    (d) The Agency is authorized to provide financial
13assistance to units of local government from the Solid Waste
14Management Fund to plan for and implement programs to collect,
15transport and manage white goods. Units of local government may
16apply jointly for financial assistance under this Section.
17    Applications for such financial assistance shall be
18submitted to the Agency and must provide a description of:
19            (A) the area to be served by the program;
20            (B) the white goods intended to be included in the
21        program;
22            (C) the methods intended to be used for collecting
23        and receiving materials;
24            (D) the property, buildings, equipment and
25        personnel included in the program;
26            (E) the public education systems to be used as part

 

 

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1        of the program;
2            (F) the safety and security systems that will be
3        used;
4            (G) the intended processing methods for each white
5        goods type;
6            (H) the intended destination for final material
7        handling location; and
8            (I) any staging sites used to handle collected
9        materials, the activities to be performed at such sites
10        and the procedures for assuring removal of collected
11        materials from such sites.
12    The application may be amended to reflect changes in
13operating procedures, destinations for collected materials, or
14other factors.
15    Financial assistance shall be awarded for a State fiscal
16year, and may be renewed, upon application, if the Agency
17approves the operation of the program.
18    (e) All materials collected or received under a program
19operated with financial assistance under this Section shall be
20recycled whenever possible. Treatment or disposal of collected
21materials are not eligible for financial assistance unless the
22applicant shows and the Agency approves which materials may be
23treated or disposed of under various conditions.
24    Any revenue from the sale of materials collected under such
25a program shall be retained by the unit of local government and
26may be used only for the same purposes as the financial

 

 

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1assistance under this Section.
2    (f) The Agency is authorized to adopt rules necessary or
3appropriate to the administration of this Section.
4    (g) (Blank).
5(Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
 
6    (415 ILCS 5/22.29)  (from Ch. 111 1/2, par. 1022.29)
7    Sec. 22.29. (a) Except as provided in subsection (c), any
8waste material generated by processing recyclable metals by
9shredding shall be managed as a special waste unless (1) a site
10operating plan has been approved by the Agency and the
11conditions of such operating plan are met; and (2) the facility
12participates in the Industrial Materials Exchange Service by
13communicating availability to process recyclable metals.
14    (b) An operating plan submitted to the Agency under this
15Section shall include the following concerning recyclable
16metals processing and components which may contaminate waste
17from shredding recyclable metals (such as lead acid batteries,
18fuel tanks, or components that contain or may contain PCB's in
19a closed system such as a capacitor or ballast):
20        (1) procedures for inspecting recyclable metals when
21    received to assure that such components are identified;
22        (2) a list of equipment and removal procedures to be
23    used to assure proper removal of such components;
24        (3) procedures for safe storage of such components
25    after removal and any waste materials;

 

 

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1        (4) procedures to assure that such components and waste
2    materials will only be stored for a period long enough to
3    accumulate the proper quantities for off-site
4    transportation;
5        (5) identification of how such components and waste
6    materials will be managed after removal from the site to
7    assure proper handling and disposal;
8        (6) procedures for sampling and analyzing waste
9    intended for disposal or off-site handling as a waste;
10        (7) a demonstration, including analytical reports,
11    that any waste generated is not a hazardous waste and will
12    not pose a present or potential threat to human health or
13    the environment.
14    (c) Any waste generated as a result of processing
15recyclable metals by shredding which is determined to be
16hazardous waste shall be managed as a hazardous waste.
17    (d) The Agency is authorized to adopt rules necessary or
18appropriate to the administration of this Section.
19(Source: P.A. 87-806; 87-895.)
 
20    (415 ILCS 5/55)  (from Ch. 111 1/2, par. 1055)
21    Sec. 55. Prohibited activities.
22    (a) No person shall:
23        (1) Cause or allow the open dumping of any used or
24    waste tire.
25        (2) Cause or allow the open burning of any used or

 

 

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1    waste tire.
2        (3) Except at a tire storage site which contains more
3    than 50 used tires, cause or allow the storage of any used
4    tire unless the tire is altered, reprocessed, converted,
5    covered, or otherwise prevented from accumulating water.
6        (4) Cause or allow the operation of a tire storage site
7    except in compliance with Board regulations.
8        (5) Abandon, dump or dispose of any used or waste tire
9    on private or public property, except in a sanitary
10    landfill approved by the Agency pursuant to regulations
11    adopted by the Board.
12        (6) Fail to submit required reports, tire removal
13    agreements, or Board regulations.
14    (b) (Blank.)
15    (b-1) No Beginning January 1, 1995, no person shall
16knowingly mix any used or waste tire, either whole or cut, with
17municipal waste, and no owner or operator of a sanitary
18landfill shall accept any used or waste tire for final
19disposal; except that used or waste tires, when separated from
20other waste, may be accepted if: (1) the sanitary landfill
21provides and maintains a means for shredding, slitting, or
22chopping whole tires and so treats whole tires and, if approved
23by the Agency in a permit issued under this Act, uses the used
24or waste tires for alternative uses, which may include on-site
25practices such as lining of roadways with tire scraps,
26alternative daily cover, or use in a leachate collection system

 

 

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1or (2) the sanitary landfill, by its notification to the
2Illinois Industrial Materials Exchange Service, makes
3available the used or waste tire to an appropriate facility for
4reuse, reprocessing, or converting, including use as an
5alternate energy fuel. If, within 30 days after notification to
6the Illinois Industrial Materials Exchange Service of the
7availability of waste tires, no specific request for the used
8or waste tires is received by the sanitary landfill, and the
9sanitary landfill determines it has no alternative use for
10those used or waste tires, the sanitary landfill may dispose of
11slit, chopped, or shredded used or waste tires in the sanitary
12landfill. In the event the physical condition of a used or
13waste tire makes shredding, slitting, chopping, reuse,
14reprocessing, or other alternative use of the used or waste
15tire impractical or infeasible, then the sanitary landfill,
16after authorization by the Agency, may accept the used or waste
17tire for disposal.
18    Sanitary landfills and facilities for reuse, reprocessing,
19or converting, including use as alternative fuel, shall (i)
20notify the Illinois Industrial Materials Exchange Service of
21the availability of and demand for used or waste tires and (ii)
22consult with the Department of Commerce and Economic
23Opportunity regarding the status of marketing of waste tires to
24facilities for reuse.
25    (c) Any person who sells new or used tires at retail or
26operates a tire storage site or a tire disposal site which

 

 

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1contains more than 50 used or waste tires shall give notice of
2such activity to the Agency. Any person engaging in such
3activity for the first time after January 1, 1990, shall give
4notice to the Agency within 30 days after the date of
5commencement of the activity. The form of such notice shall be
6specified by the Agency and shall be limited to information
7regarding the following:
8        (1) the name and address of the owner and operator;
9        (2) the name, address and location of the operation;
10        (3) the type of operations involving used and waste
11    tires (storage, disposal, conversion or processing); and
12        (4) the number of used and waste tires present at the
13    location.
14    (d) Beginning January 1, 1992, no person shall cause or
15allow the operation of:
16        (1) a tire storage site which contains more than 50
17    used tires, unless the owner or operator, by January 1,
18    1992 (or the January 1 following commencement of operation,
19    whichever is later) and January 1 of each year thereafter,
20    (i) registers the site with the Agency, except that the
21    registration requirement in this item (i) does not apply in
22    the case of a tire storage site required to be permitted
23    under subsection (d-5), (ii) certifies to the Agency that
24    the site complies with any applicable standards adopted by
25    the Board pursuant to Section 55.2, (iii) reports to the
26    Agency the number of tires accumulated, the status of

 

 

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1    vector controls, and the actions taken to handle and
2    process the tires, and (iv) pays the fee required under
3    subsection (b) of Section 55.6; or
4        (2) a tire disposal site, unless the owner or operator
5    (i) has received approval from the Agency after filing a
6    tire removal agreement pursuant to Section 55.4, or (ii)
7    has entered into a written agreement to participate in a
8    consensual removal action under Section 55.3.
9    The Agency shall provide written forms for the annual
10registration and certification required under this subsection
11(d).
12    (d-4) On or before January 1, 2015, the owner or operator
13of each tire storage site that contains used tires totaling
14more than 10,000 passenger tire equivalents, or at which more
15than 500 tons of used tires are processed in a calendar year,
16shall submit documentation demonstrating its compliance with
17Board rules adopted under this Title. This documentation must
18be submitted on forms and in a format prescribed by the Agency.
19    (d-5) Beginning July 1, 2016, no person shall cause or
20allow the operation of a tire storage site that contains used
21tires totaling more than 10,000 passenger tire equivalents, or
22at which more than 500 tons of used tires are processed in a
23calendar year, without a permit granted by the Agency or in
24violation of any conditions imposed by that permit, including
25periodic reports and full access to adequate records and the
26inspection of facilities, as may be necessary to ensure

 

 

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1compliance with this Act and with regulations and standards
2adopted under this Act.
3    (d-6) No person shall cause or allow the operation of a
4tire storage site in violation of the financial assurance rules
5established by the Board under subsection (b) of Section 55.2
6of this Act. In addition to the remedies otherwise provided
7under this Act, the State's Attorney of the county in which the
8violation occurred, or the Attorney General, may, at the
9request of the Agency or on his or her own motion, institute a
10civil action for an immediate injunction, prohibitory or
11mandatory, to restrain any violation of this subsection (d-6)
12or to require any other action as may be necessary to abate or
13mitigate any immediate danger or threat to public health or the
14environment at the site. Injunctions to restrain a violation of
15this subsection (d-6) may include, but are not limited to, the
16required removal of all tires for which financial assurance is
17not maintained and a prohibition against the acceptance of
18tires in excess of the amount for which financial assurance is
19maintained.
20    (e) No person shall cause or allow the storage, disposal,
21treatment or processing of any used or waste tire in violation
22of any regulation or standard adopted by the Board.
23    (f) No person shall arrange for the transportation of used
24or waste tires away from the site of generation with a person
25known to openly dump such tires.
26    (g) No person shall engage in any operation as a used or

 

 

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1waste tire transporter except in compliance with Board
2regulations.
3    (h) No person shall cause or allow the combustion of any
4used or waste tire in an enclosed device unless a permit has
5been issued by the Agency authorizing such combustion pursuant
6to regulations adopted by the Board for the control of air
7pollution and consistent with the provisions of Section 9.4 of
8this Act.
9    (i) No person shall cause or allow the use of pesticides to
10treat tires except as prescribed by Board regulations.
11    (j) No person shall fail to comply with the terms of a tire
12removal agreement approved by the Agency pursuant to Section
1355.4.
14    (k) No person shall:
15        (1) Cause or allow water to accumulate in used or waste
16    tires. The prohibition set forth in this paragraph (1) of
17    subsection (k) shall not apply to used or waste tires
18    located at a residential household, as long as not more
19    than 12 used or waste tires are located at the site.
20        (2) Fail to collect a fee required under Section 55.8
21    of this Title.
22        (3) Fail to file a return required under Section 55.10
23    of this Title.
24        (4) Transport used or waste tires in violation of the
25    registration and vehicle placarding requirements adopted
26    by the Board.

 

 

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1(Source: P.A. 98-656, eff. 6-19-14.)
 
2    (415 ILCS 5/55.6)  (from Ch. 111 1/2, par. 1055.6)
3    Sec. 55.6. Used Tire Management Fund.
4    (a) There is hereby created in the State Treasury a special
5fund to be known as the Used Tire Management Fund. There shall
6be deposited into the Fund all monies received as (1) recovered
7costs or proceeds from the sale of used tires under Section
855.3 of this Act, (2) repayment of loans from the Used Tire
9Management Fund, or (3) penalties or punitive damages for
10violations of this Title, except as provided by subdivision
11(b)(4) or (b)(4-5) of Section 42.
12    (b) Beginning January 1, 1992, in addition to any other
13fees required by law, the owner or operator of each site
14required to be registered or permitted under subsection (d) or
15(d-5) of Section 55 shall pay to the Agency an annual fee of
16$100. Fees collected under this subsection shall be deposited
17into the Environmental Protection Permit and Inspection Fund.
18    (c) Pursuant to appropriation, monies up to an amount of $2
19million per fiscal year from the Used Tire Management Fund
20shall be allocated as follows:
21        (1) 38% shall be available to the Agency for the
22    following purposes, provided that priority shall be given
23    to item (i):
24            (i) To undertake preventive, corrective or removal
25        action as authorized by and in accordance with Section

 

 

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1        55.3, and to recover costs in accordance with Section
2        55.3.
3            (ii) For the performance of inspection and
4        enforcement activities for used and waste tire sites.
5            (iii) (Blank). To assist with marketing of used
6        tires by augmenting the operations of an industrial
7        materials exchange service.
8            (iv) To provide financial assistance to units of
9        local government for the performance of inspecting,
10        investigating and enforcement activities pursuant to
11        subsection (r) of Section 4 at used and waste tire
12        sites.
13            (v) To provide financial assistance for used and
14        waste tire collection projects sponsored by local
15        government or not-for-profit corporations.
16            (vi) For the costs of fee collection and
17        administration relating to used and waste tires, and to
18        accomplish such other purposes as are authorized by
19        this Act and regulations thereunder.
20            (vii) To provide financial assistance to units of
21        local government and private industry for the purposes
22        of:
23                (A) assisting in the establishment of
24            facilities and programs to collect, process, and
25            utilize used and waste tires and tire-derived
26            materials;

 

 

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1                (B) demonstrating the feasibility of
2            innovative technologies as a means of collecting,
3            storing, processing, and utilizing used and waste
4            tires and tire-derived materials; and
5                (C) applying demonstrated technologies as a
6            means of collecting, storing, processing, and
7            utilizing used and waste tires and tire-derived
8            materials.
9        (2) For fiscal years beginning prior to July 1, 2004,
10    23% shall be available to the Department of Commerce and
11    Economic Opportunity for the following purposes, provided
12    that priority shall be given to item (A):
13            (A) To provide grants or loans for the purposes of:
14                (i) assisting units of local government and
15            private industry in the establishment of
16            facilities and programs to collect, process and
17            utilize used and waste tires and tire derived
18            materials;
19                (ii) demonstrating the feasibility of
20            innovative technologies as a means of collecting,
21            storing, processing and utilizing used and waste
22            tires and tire derived materials; and
23                (iii) applying demonstrated technologies as a
24            means of collecting, storing, processing, and
25            utilizing used and waste tires and tire derived
26            materials.

 

 

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1            (B) To develop educational material for use by
2        officials and the public to better understand and
3        respond to the problems posed by used tires and
4        associated insects.
5            (C) (Blank).
6            (D) To perform such research as the Director deems
7        appropriate to help meet the purposes of this Act.
8            (E) To pay the costs of administration of its
9        activities authorized under this Act.
10        (2.1) For the fiscal year beginning July 1, 2004 and
11    for all fiscal years thereafter, 23% shall be deposited
12    into the General Revenue Fund.
13        (3) 25% shall be available to the Illinois Department
14    of Public Health for the following purposes:
15            (A) To investigate threats or potential threats to
16        the public health related to mosquitoes and other
17        vectors of disease associated with the improper
18        storage, handling and disposal of tires, improper
19        waste disposal, or natural conditions.
20            (B) To conduct surveillance and monitoring
21        activities for mosquitoes and other arthropod vectors
22        of disease, and surveillance of animals which provide a
23        reservoir for disease-producing organisms.
24            (C) To conduct training activities to promote
25        vector control programs and integrated pest management
26        as defined in the Vector Control Act.

 

 

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1            (D) To respond to inquiries, investigate
2        complaints, conduct evaluations and provide technical
3        consultation to help reduce or eliminate public health
4        hazards and nuisance conditions associated with
5        mosquitoes and other vectors.
6            (E) To provide financial assistance to units of
7        local government for training, investigation and
8        response to public nuisances associated with
9        mosquitoes and other vectors of disease.
10        (4) 2% shall be available to the Department of
11    Agriculture for its activities under the Illinois
12    Pesticide Act relating to used and waste tires.
13        (5) 2% shall be available to the Pollution Control
14    Board for administration of its activities relating to used
15    and waste tires.
16        (6) 10% shall be available to the Department of Natural
17    Resources for the Illinois Natural History Survey to
18    perform research to study the biology, distribution,
19    population ecology, and biosystematics of tire-breeding
20    arthropods, especially mosquitoes, and the diseases they
21    spread.
22    (d) By January 1, 1998, and biennially thereafter, each
23State agency receiving an appropriation from the Used Tire
24Management Fund shall report to the Governor and the General
25Assembly on its activities relating to the Fund.
26    (e) Any monies appropriated from the Used Tire Management

 

 

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1Fund, but not obligated, shall revert to the Fund.
2    (f) In administering the provisions of subdivisions (1),
3(2) and (3) of subsection (c) of this Section, the Agency, the
4Department of Commerce and Economic Opportunity, and the
5Illinois Department of Public Health shall ensure that
6appropriate funding assistance is provided to any municipality
7with a population over 1,000,000 or to any sanitary district
8which serves a population over 1,000,000.
9    (g) Pursuant to appropriation, monies in excess of $2
10million per fiscal year from the Used Tire Management Fund
11shall be used as follows:
12        (1) 55% shall be available to the Agency for the
13    following purposes, provided that priority shall be given
14    to subparagraph (A):
15            (A) To undertake preventive, corrective or renewed
16        action as authorized by and in accordance with Section
17        55.3 and to recover costs in accordance with Section
18        55.3.
19            (B) To provide financial assistance to units of
20        local government and private industry for the purposes
21        of:
22                (i) assisting in the establishment of
23            facilities and programs to collect, process, and
24            utilize used and waste tires and tire-derived
25            materials;
26                (ii) demonstrating the feasibility of

 

 

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1            innovative technologies as a means of collecting,
2            storing, processing, and utilizing used and waste
3            tires and tire-derived materials; and
4                (iii) applying demonstrated technologies as a
5            means of collecting, storing, processing, and
6            utilizing used and waste tires and tire-derived
7            materials.
8        (2) For fiscal years beginning prior to July 1, 2004,
9    45% shall be available to the Department of Commerce and
10    Economic Opportunity to provide grants or loans for the
11    purposes of:
12            (i) assisting units of local government and
13        private industry in the establishment of facilities
14        and programs to collect, process and utilize waste
15        tires and tire derived material;
16            (ii) demonstrating the feasibility of innovative
17        technologies as a means of collecting, storing,
18        processing, and utilizing used and waste tires and tire
19        derived materials; and
20            (iii) applying demonstrated technologies as a
21        means of collecting, storing, processing, and
22        utilizing used and waste tires and tire derived
23        materials.
24        (3) For the fiscal year beginning July 1, 2004 and for
25    all fiscal years thereafter, 45% shall be deposited into
26    the General Revenue Fund.

 

 

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1(Source: P.A. 98-656, eff. 6-19-14.)
 
2    (415 ILCS 5/17.6 rep.)
3    Section 10-190. The Environmental Protection Act is
4amended by repealing Section 17.6.
 
5    (415 ILCS 15/8 rep.)
6    (415 ILCS 15/8.5 rep.)
7    Section 10-195. The Solid Waste Planning and Recycling Act
8is amended by repealing Sections 8 and 8.5.
 
9    Section 10-200. The Illinois Solid Waste Management Act is
10amended by changing Section 6 as follows:
 
11    (415 ILCS 20/6)  (from Ch. 111 1/2, par. 7056)
12    Sec. 6. The Department of Commerce and Economic Opportunity
13shall be the lead agency for implementation of this Act and
14shall have the following powers:
15    (a) To provide technical and educational assistance for
16applications of technologies and practices which will minimize
17the land disposal of non-hazardous solid waste; economic
18feasibility of implementation of solid waste management
19alternatives; analysis of markets for recyclable materials and
20energy products; application of the Geographic Information
21System to provide analysis of natural resource, land use, and
22environmental impacts; evaluation of financing and ownership

 

 

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1options; and evaluation of plans prepared by units of local
2government pursuant to Section 22.15 of the Environmental
3Protection Act.
4    (b) (Blank). To provide technical assistance in siting
5pollution control facilities, defined as any waste storage
6site, sanitary landfill, waste disposal site, waste transfer
7station or waste incinerator.
8    (c) To provide loans or recycling and composting grants to
9businesses and not-for-profit and governmental organizations
10for the purposes of increasing the quantity of materials
11recycled or composted in Illinois; developing and implementing
12innovative recycling methods and technologies; developing and
13expanding markets for recyclable materials; and increasing the
14self-sufficiency of the recycling industry in Illinois. The
15Department shall work with and coordinate its activities with
16existing for-profit and not-for-profit collection and
17recycling systems to encourage orderly growth in the supply of
18and markets for recycled materials and to assist existing
19collection and recycling efforts.
20    The Department shall develop a public education program
21concerning the importance of both composting and recycling in
22order to preserve landfill space in Illinois.
23    (d) To establish guidelines and funding criteria for the
24solicitation of projects under this Act, and to receive and
25evaluate applications for loans or grants for solid waste
26management projects based upon such guidelines and criteria.

 

 

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1Funds may be loaned with or without interest.
2    (e) To support and coordinate solid waste research in
3Illinois, and to approve the annual solid waste research agenda
4prepared by the University of Illinois.
5    (f) To provide loans or grants for research, development
6and demonstration of innovative technologies and practices,
7including but not limited to pilot programs for collection and
8disposal of household wastes.
9    (g) To promulgate such rules and regulations as are
10necessary to carry out the purposes of subsections (c), (d) and
11(f) of this Section.
12    (h) To cooperate with the Environmental Protection Agency
13for the purposes specified herein.
14    The Department is authorized to accept any and all grants,
15repayments of interest and principal on loans, matching funds,
16reimbursements, appropriations, income derived from
17investments, or other things of value from the federal or state
18governments or from any institution, person, partnership,
19joint venture, corporation, public or private.
20    The Department is authorized to use moneys available for
21that purpose, subject to appropriation, expressly for the
22purpose of implementing a loan program according to procedures
23established pursuant to this Act. Those moneys shall be used by
24the Department for the purpose of financing additional projects
25and for the Department's administrative expenses related
26thereto.

 

 

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1(Source: P.A. 94-91, eff. 7-1-05.)
 
2    (415 ILCS 20/5 rep.)
3    (415 ILCS 20/7.1 rep.)
4    (415 ILCS 20/7.3 rep.)
5    (415 ILCS 20/8 rep.)
6    Section 10-205. The Illinois Solid Waste Management Act is
7amended by repealing Sections 5, 7.1, 7.3, and 8.
 
8    (415 ILCS 56/Act rep.)
9    Section 10-210. The Green Infrastructure for Clean Water
10Act is repealed.
 
11    Section 10-215. The Environmental Toxicology Act is
12amended by changing Sections 3 and 5 as follows:
 
13    (415 ILCS 75/3)  (from Ch. 111 1/2, par. 983)
14    Sec. 3. Definitions. As used in this Act, unless the
15context otherwise requires;
16    (a) "Department" means the Illinois Department of Public
17Health;
18    (b) "Director" means the Director of the Illinois
19Department of Public Health;
20    (c) "Program" means the Environmental Toxicology program
21as established by this Act;
22    (d) "Exposure" means contact with a hazardous substance;

 

 

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1    (e) "Hazardous Substance" means chemical compounds,
2elements, or combinations of chemicals which, because of
3quantity concentration, physical characteristics or
4toxicological characteristics may pose a substantial present
5or potential hazard to human health and includes, but is not
6limited to, any substance defined as a hazardous substance in
7Section 3.215 of the "Environmental Protection Act", approved
8June 29, 1970, as amended;
9    (f) "Initial Assessment" means a review and evaluation of
10site history and hazardous substances involved, potential for
11population exposure, the nature of any health related
12complaints and any known patterns in disease occurrence;
13    (g) "Comprehensive Health Study" means a detailed analysis
14which may include: a review of available environmental,
15morbidity and mortality data; environmental and biological
16sampling; detailed review of scientific literature; exposure
17analysis; population surveys; or any other scientific or
18epidemiologic methods deemed necessary to adequately evaluate
19the health status of the population at risk and any potential
20relationship to environmental factors;
21    (h) "Superfund Site" means any hazardous waste site
22designated for cleanup on the National Priorities List as
23mandated by the Comprehensive Environmental Response,
24Compensation, and Liability Act of 1980 (P.L. 96-510), as
25amended;
26    (i) (Blank). "State Remedial Action Priority List" means a

 

 

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1list compiled by the Illinois Environmental Protection Agency
2which identifies sites that appear to present significant risk
3to the public health, welfare or environment.
4(Source: P.A. 92-574, eff. 6-26-02.)
 
5    (415 ILCS 75/5)  (from Ch. 111 1/2, par. 985)
6    Sec. 5. (a) Upon request by the Illinois Environmental
7Protection Agency, the Department shall conduct an initial
8assessment for any location designated as a Superfund Site or
9on the State Remedial Action Priority List. Such assessment
10shall be initiated within 60 days of the request.
11    (b) (Blank). For sites designated as Superfund Sites or
12sites on the State Remedial Action Priority List on the
13effective date of this Act, the Department and the Illinois
14Environmental Protection Agency shall jointly determine which
15sites warrant initial assessment. If warranted, initial
16assessment shall be initiated by January 1, 1986.
17    (c) If, as a result of the initial assessment, the
18Department determines that a public health problem related to
19exposure to hazardous substances may exist in a community
20located near a designated site, the Department shall conduct a
21comprehensive health study to assess the full relationship, if
22any, between such threat or potential threat and possible
23exposure to hazardous substances at the designated site.
24(Source: P.A. 84-987.)
 

 

 

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1    (415 ILCS 80/3 rep.)
2    (415 ILCS 80/4 rep.)
3    Section 10-220. The Degradable Plastic Act is amended by
4repealing Sections 3 and 4.
 
5    (415 ILCS 110/Act rep.)
6    Section 10-225. The Recycled Newsprint Use Act is repealed.
 
7    (415 ILCS 120/25 rep.)
8    Section 10-230. The Alternate Fuels Act is amended by
9repealing Section 25.
 
10    Section 10-235. The Interstate Ozone Transport Oversight
11Act is amended by changing Section 20 as follows:
 
12    (415 ILCS 130/20)
13    Sec. 20. Legislative referral and public hearings.
14    (a) Not later than 10 days after the development of any
15proposed memorandum of understanding by the Ozone Transport
16Assessment Group potentially requiring the State of Illinois to
17undertake emission reductions in addition to those specified by
18the Clean Air Act Amendments of 1990, or subsequent to the
19issuance of a request made by the United States Environmental
20Protection Agency on or after June 1, 1997 for submission of a
21State Implementation Plan for Illinois relating to ozone
22attainment and before submission of the Plan, the Director

 

 

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1shall submit the proposed memorandum of understanding or State
2Implementation Plan to the House Committee and the Senate
3Committee for their consideration. At that time, the Director
4shall also submit information detailing any alternate
5strategies.
6    (b) (Blank). To assist the legislative review required by
7this Act, the Department of Commerce and Economic Opportunity
8shall conduct a joint study of the impacts on the State's
9economy which may result from implementation of the emission
10reduction strategies contained within any proposed memorandum
11of understanding or State Implementation Plan relating to ozone
12and from implementation of any alternate strategies. The study
13shall include, but not be limited to, the impacts on economic
14development, employment, utility costs and rates, personal
15income, and industrial competitiveness which may result from
16implementation of the emission reduction strategies contained
17within any proposed memorandum of agreement or State
18Implementation Plan relating to ozone and from implementation
19of any alternate strategies. The study shall be submitted to
20the House Committee and Senate Committee not less than 10 days
21prior to any scheduled hearing conducted pursuant to subsection
22(c) of this Section.
23    (c) Upon receipt of the information required by subsections
24(a) and (b) of this Section, the House Committee and Senate
25Committee shall each convene one or more public hearings to
26receive comments from agencies of government and other

 

 

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1interested parties on the memorandum of understanding's or
2State Implementation Plan's prospective economic and
3environmental impacts, including its impacts on energy use,
4economic development, utility costs and rates, and
5competitiveness. Additionally, comments shall be received on
6the prospective economic and environmental impacts, including
7impacts on energy use, economic development, utility costs and
8rates, and competitiveness, which may result from
9implementation of any alternate strategies.
10(Source: P.A. 97-916, eff. 8-9-12.)
 
11    (505 ILCS 84/Act rep.)
12    Section 10-240. The Illinois Food, Farms, and Jobs Act is
13repealed.
 
14
ARTICLE 99. EXEMPTIONS; SEVERABILITY; EFFECTIVE DATE

 
15    Section 99-90. The State Mandates Act is amended by adding
16Section 8.41 as follows:
 
17    (30 ILCS 805/8.41 new)
18    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
19of this Act, no reimbursement by the State is required for the
20implementation of any mandate created by this amendatory Act of
21the 100th General Assembly.
 

 

 

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1    Section 99-97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 99-99. Effective date. This Act takes effect upon
4becoming law.