Sen. Pamela J. Althoff

Filed: 4/24/2017

 

 


 

 


 
10000SB1936sam003LRB100 08351 MLM 24827 a

1
AMENDMENT TO SENATE BILL 1936

2    AMENDMENT NO. ______. Amend Senate Bill 1936 by replacing
3everything after the enacting clause with the following:
 
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.
 

 

 

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1    (30 ILCS 105/5.102 rep.)
2    (30 ILCS 105/5.172 rep.)
3    (30 ILCS 105/5.325 rep.)
4    (30 ILCS 105/5.423 rep.)
5    (30 ILCS 105/5.512 rep.)
6    (30 ILCS 105/5.541 rep.)
7    (30 ILCS 105/5.556 rep.)
8    (30 ILCS 105/5.591 rep.)
9    (30 ILCS 105/5.595 rep.)
10    (30 ILCS 105/5.625 rep.)
11    (30 ILCS 105/5.626 rep.)
12    (30 ILCS 105/5.627 rep.)
13    (30 ILCS 105/5.628 rep.)
14    (30 ILCS 105/5.661 rep.)
15    (30 ILCS 105/5.779 rep.)
16    (30 ILCS 105/5.813 rep.)
17    (30 ILCS 105/5.818 rep.)
18    (30 ILCS 105/6a-5 rep.)
19    (30 ILCS 105/6z-55 rep.)
20    (30 ILCS 105/6z-83 rep.)
21    (30 ILCS 105/6z-93 rep.)
22    Section 5-20. The State Finance Act is amended by repealing
23Sections 5.102, 5.172, 5.325, 5.423, 5.512, 5.541, 5.556,
245.591, 5.595, 5.625, 5.626, 5.627, 5.628, 5.661, 5.779, 5.813,
255.818, 6a-5, 6z-55, 6z-83, and 6z-93.
 

 

 

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1    (35 ILCS 5/208.1 rep.)
2    (35 ILCS 5/507XX rep.)
3    Section 5-25. The Illinois Income Tax Act is amended by
4repealing Sections 208.1 and 507XX.
 
5    Section 5-30. The Economic Development for a Growing
6Economy Tax Credit Act is amended by changing Section 5-80 as
7follows:
 
8    (35 ILCS 10/5-80)
9    Sec. 5-80. Adoption of rules. The Department may adopt
10rules necessary to implement this Act. The rules may provide
11for recipients of Credits under this Act to be charged fees to
12cover administrative costs of the tax credit program. Fees
13collected shall be deposited into the General Revenue Economic
14Development for a Growing Economy Fund.
15(Source: P.A. 91-476, eff. 8-11-99.)
 
16    (35 ILCS 10/5-85 rep.)
17    Section 5-35. The Economic Development for a Growing
18Economy Tax Credit Act is amended by repealing Section 5-85.
 
19    (110 ILCS 805/2-16.03 rep.)
20    Section 5-40. The Public Community College Act is amended
21by repealing Section 2-16.03.
 

 

 

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1    Section 5-45. The Higher Education Student Assistance Act
2is amended by changing Section 35 as follows:
 
3    (110 ILCS 947/35)
4    Sec. 35. Monetary award program.
5    (a) The Commission shall, each year, receive and consider
6applications for grant assistance under this Section. Subject
7to a separate appropriation for such purposes, an applicant is
8eligible for a grant under this Section when the Commission
9finds that the applicant:
10        (1) is a resident of this State and a citizen or
11    permanent resident of the United States; and
12        (2) in the absence of grant assistance, will be
13    deterred by financial considerations from completing an
14    educational program at the qualified institution of his or
15    her choice.
16    (b) The Commission shall award renewals only upon the
17student's application and upon the Commission's finding that
18the applicant:
19        (1) has remained a student in good standing;
20        (2) remains a resident of this State; and
21        (3) is in a financial situation that continues to
22    warrant assistance.
23    (c) All grants shall be applicable only to tuition and
24necessary fee costs. The Commission shall determine the grant

 

 

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1amount for each student, which shall not exceed the smallest of
2the following amounts:
3        (1) subject to appropriation, $5,468 for fiscal year
4    2009, $5,968 for fiscal year 2010, and $6,468 for fiscal
5    year 2011 and each fiscal year thereafter, or such lesser
6    amount as the Commission finds to be available, during an
7    academic year;
8        (2) the amount which equals 2 semesters or 3 quarters
9    tuition and other necessary fees required generally by the
10    institution of all full-time undergraduate students; or
11        (3) such amount as the Commission finds to be
12    appropriate in view of the applicant's financial
13    resources.
14    Subject to appropriation, the maximum grant amount for
15students not subject to subdivision (1) of this subsection (c)
16must be increased by the same percentage as any increase made
17by law to the maximum grant amount under subdivision (1) of
18this subsection (c).
19    "Tuition and other necessary fees" as used in this Section
20include the customary charge for instruction and use of
21facilities in general, and the additional fixed fees charged
22for specified purposes, which are required generally of
23nongrant recipients for each academic period for which the
24grant applicant actually enrolls, but do not include fees
25payable only once or breakage fees and other contingent
26deposits which are refundable in whole or in part. The

 

 

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1Commission may prescribe, by rule not inconsistent with this
2Section, detailed provisions concerning the computation of
3tuition and other necessary fees.
4    (d) No applicant, including those presently receiving
5scholarship assistance under this Act, is eligible for monetary
6award program consideration under this Act after receiving a
7baccalaureate degree or the equivalent of 135 semester credit
8hours of award payments.
9    (e) The Commission, in determining the number of grants to
10be offered, shall take into consideration past experience with
11the rate of grant funds unclaimed by recipients. The Commission
12shall notify applicants that grant assistance is contingent
13upon the availability of appropriated funds.
14    (e-5) The General Assembly finds and declares that it is an
15important purpose of the Monetary Award Program to facilitate
16access to college both for students who pursue postsecondary
17education immediately following high school and for those who
18pursue postsecondary education later in life, particularly
19Illinoisans who are dislocated workers with financial need and
20who are seeking to improve their economic position through
21education. For the 2015-2016 and 2016-2017 academic years, the
22Commission shall give additional and specific consideration to
23the needs of dislocated workers with the intent of allowing
24applicants who are dislocated workers an opportunity to secure
25financial assistance even if applying later than the general
26pool of applicants. The Commission's consideration shall

 

 

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1include, in determining the number of grants to be offered, an
2estimate of the resources needed to serve dislocated workers
3who apply after the Commission initially suspends award
4announcements for the upcoming regular academic year, but prior
5to the beginning of that academic year. For the purposes of
6this subsection (e-5), a dislocated worker is defined as in the
7federal Workforce Investment Act of 1998.
8    (f) (Blank). The Commission may request appropriations for
9deposit into the Monetary Award Program Reserve Fund. Monies
10deposited into the Monetary Award Program Reserve Fund may be
11expended exclusively for one purpose: to make Monetary Award
12Program grants to eligible students. Amounts on deposit in the
13Monetary Award Program Reserve Fund may not exceed 2% of the
14current annual State appropriation for the Monetary Award
15Program.
16    The purpose of the Monetary Award Program Reserve Fund is
17to enable the Commission each year to assure as many students
18as possible of their eligibility for a Monetary Award Program
19grant and to do so before commencement of the academic year.
20Moneys deposited in this Reserve Fund are intended to enhance
21the Commission's management of the Monetary Award Program,
22minimizing the necessity, magnitude, and frequency of
23adjusting award amounts and ensuring that the annual Monetary
24Award Program appropriation can be fully utilized.
25    (g) The Commission shall determine the eligibility of and
26make grants to applicants enrolled at qualified for-profit

 

 

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1institutions in accordance with the criteria set forth in this
2Section. The eligibility of applicants enrolled at such
3for-profit institutions shall be limited as follows:
4        (1) Beginning with the academic year 1997, only to
5    eligible first-time freshmen and first-time transfer
6    students who have attained an associate degree.
7        (2) Beginning with the academic year 1998, only to
8    eligible freshmen students, transfer students who have
9    attained an associate degree, and students who receive a
10    grant under paragraph (1) for the academic year 1997 and
11    whose grants are being renewed for the academic year 1998.
12        (3) Beginning with the academic year 1999, to all
13    eligible students.
14(Source: P.A. 98-967, eff. 8-15-14.)
 
15    Section 5-50. The Alzheimer's Disease Assistance Act is
16amended by changing Section 7 as follows:
 
17    (410 ILCS 405/7)  (from Ch. 111 1/2, par. 6957)
18    Sec. 7. Regional ADA center funding. Pursuant to
19appropriations enacted by the General Assembly, the Department
20shall provide funds to hospitals affiliated with each Regional
21ADA Center for necessary research and for the development and
22maintenance of services for individuals with Alzheimer's
23disease and related disorders and their families. For the
24fiscal year beginning July 1, 2003, and each year thereafter,

 

 

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1the Department shall effect payments under this Section to
2hospitals affiliated with each Regional ADA Center through the
3Department of Healthcare and Family Services (formerly
4Illinois Department of Public Aid) under the Excellence in
5Alzheimer's Disease Center Treatment Act. The Department of
6Healthcare and Family Services shall annually report to the
7Advisory Committee established under this Act regarding the
8funding of centers under this Act. The Department shall include
9the annual expenditures for this purpose in the plan required
10by Section 5 of this Act.
11(Source: P.A. 97-768, eff. 1-1-13.)
 
12    (410 ILCS 407/Act rep.)
13    Section 5-55. The Excellence in Alzheimer's Disease Center
14Treatment Act is repealed.
 
15    Section 5-60. The Food and Agriculture Research Act is
16amended by changing Section 25 as follows:
 
17    (505 ILCS 82/25)
18    Sec. 25. Administrative oversight.
19    (a) The Department of Agriculture shall provide general
20administrative oversight with the assistance and advice of duly
21elected Board of Directors of the Illinois Council on Food and
22Agricultural Research. Food and agricultural research
23administrators at each of the universities shall administer the

 

 

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1specifics of the funded research programs. Annually the
2Illinois Council on Food and Agricultural Research
3administrators shall prepare a combined proposed budget for the
4research that the Director of Agriculture shall submit to the
5Governor for inclusion in the Executive budget and
6consideration by the General Assembly. The budget shall specify
7major categories of proposed expenditures, including salary,
8wages, and fringe benefits; operation and maintenance;
9supplies and expenses; and capital improvements.
10    (b) (Blank). The Department, with the assistance of the
11Illinois Council on Food and Agricultural Research, may seek
12additional grants and donations for research. Additional funds
13shall be used in conjunction with appropriated funds for
14research. All additional grants and donations for research
15shall be deposited into the Food and Agricultural Research
16Fund, a special fund created in the State treasury, and used as
17provided in this Act.
18(Source: P.A. 97-879, eff. 8-2-12.)
 
19    (710 ILCS 45/Act rep.)
20    Section 5-65. The Sorry Works! Pilot Program Act is
21repealed.
 
22    (815 ILCS 402/Act rep.)
23    Section 5-70. The Restricted Call Registry Act is repealed.
 

 

 

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1
ARTICLE 10. MANDATE RELIEF

 
2    Section 10-5. The Election Code is amended by changing
3Sections 4-8, 4-25, 5-7, 5-35, 6-35, and 6-71 as follows:
 
4    (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
5    Sec. 4-8. The county clerk shall provide a sufficient
6number of blank forms for the registration of electors, which
7shall be known as registration record cards and which shall
8consist of loose leaf sheets or cards, of suitable size to
9contain in plain writing and figures the data hereinafter
10required thereon or shall consist of computer cards of suitable
11nature to contain the data required thereon. The registration
12record cards, which shall include an affidavit of registration
13as hereinafter provided, shall be executed in duplicate.
14    The registration record card shall contain the following
15and such other information as the county clerk may think it
16proper to require for the identification of the applicant for
17registration:
18    Name. The name of the applicant, giving surname and first
19or Christian name in full, and the middle name or the initial
20for such middle name, if any.
21    Sex.
22    Residence. The name and number of the street, avenue, or
23other location of the dwelling, including the apartment, unit
24or room number, if any, and in the case of a mobile home the lot

 

 

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1number, and such additional clear and definite description as
2may be necessary to determine the exact location of the
3dwelling of the applicant. Where the location cannot be
4determined by street and number, then the section,
5congressional township and range number may be used, or such
6other description as may be necessary, including post-office
7mailing address. In the case of a homeless individual, the
8individual's voting residence that is his or her mailing
9address shall be included on his or her registration record
10card.
11    Term of residence in the State of Illinois and precinct.
12This information shall be furnished by the applicant stating
13the place or places where he resided and the dates during which
14he resided in such place or places during the year next
15preceding the date of the next ensuing election.
16    Nativity. The state or country in which the applicant was
17born.
18    Citizenship. Whether the applicant is native born or
19naturalized. If naturalized, the court, place, and date of
20naturalization.
21    Date of application for registration, i.e., the day, month
22and year when applicant presented himself for registration.
23    Age. Date of birth, by month, day and year.
24    Physical disability of the applicant, if any, at the time
25of registration, which would require assistance in voting.
26    The county and state in which the applicant was last

 

 

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1registered.
2    Electronic mail address, if any.
3    Signature of voter. The applicant, after the registration
4and in the presence of a deputy registrar or other officer of
5registration shall be required to sign his or her name in ink
6or digitized form to the affidavit on both the original and
7duplicate registration record cards.
8    Signature of deputy registrar or officer of registration.
9    In case applicant is unable to sign his name, he may affix
10his mark to the affidavit. In such case the officer empowered
11to give the registration oath shall write a detailed
12description of the applicant in the space provided on the back
13or at the bottom of the card or sheet; and shall ask the
14following questions and record the answers thereto:
15    Father's first name.
16    Mother's first name.
17    From what address did the applicant last register?
18    Reason for inability to sign name.
19    Each applicant for registration shall make an affidavit in
20substantially the following form:
21
AFFIDAVIT OF REGISTRATION
22STATE OF ILLINOIS
23COUNTY OF .......
24    I hereby swear (or affirm) that I am a citizen of the
25United States; that on the date of the next election I shall
26have resided in the State of Illinois and in the election

 

 

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1precinct in which I reside 30 days and that I intend that this
2location shall be my residence; that I am fully qualified to
3vote, and that the above statements are true.
4
..............................
5
(His or her signature or mark)
6    Subscribed and sworn to before me on (insert date).
7..................................
8Signature of registration officer.
9(To be signed in presence of registrant.)
 
10    Space shall be provided upon the face of each registration
11record card for the notation of the voting record of the person
12registered thereon.
13    Each registration record card shall be numbered according
14to precincts, and may be serially or otherwise marked for
15identification in such manner as the county clerk may
16determine.
17    The registration cards shall be deemed public records and
18shall be open to inspection during regular business hours,
19except during the 27 days immediately preceding any election.
20On written request of any candidate or objector or any person
21intending to object to a petition, the election authority shall
22extend its hours for inspection of registration cards and other
23records of the election authority during the period beginning
24with the filing of petitions under Sections 7-10, 8-8, 10-6 or
2528-3 and continuing through the termination of electoral board

 

 

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1hearings on any objections to petitions containing signatures
2of registered voters in the jurisdiction of the election
3authority. The extension shall be for a period of hours
4sufficient to allow adequate opportunity for examination of the
5records but the election authority is not required to extend
6its hours beyond the period beginning at its normal opening for
7business and ending at midnight. If the business hours are so
8extended, the election authority shall post a public notice of
9such extended hours. Registration record cards may also be
10inspected, upon approval of the officer in charge of the cards,
11during the 27 days immediately preceding any election.
12Registration record cards shall also be open to inspection by
13certified judges and poll watchers and challengers at the
14polling place on election day, but only to the extent necessary
15to determine the question of the right of a person to vote or
16to serve as a judge of election. At no time shall poll watchers
17or challengers be allowed to physically handle the registration
18record cards.
19    Updated copies of computer tapes or computer discs or other
20electronic data processing information containing voter
21registration information shall be furnished by the county clerk
22within 10 days after December 15 and May 15 each year and
23within 10 days after each registration period is closed to the
24State Board of Elections in a form prescribed by the Board. For
25the purposes of this Section, a registration period is closed
2627 days before the date of any regular or special election.

 

 

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

 

 

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

 

 

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1commercial solicitation or other business purposes. The
2prohibition in this Section against using the computer tapes or
3computer discs or other electronic data processing information
4containing voter registration information for purposes of
5commercial solicitation or other business purposes shall be
6prospective only from the effective date of this amended Act of
71979. Any person who violates this provision shall be guilty of
8a Class 4 felony.
9    The State Board of Elections shall promulgate, by October
101, 1987, such regulations as may be necessary to ensure
11uniformity throughout the State in electronic data processing
12of voter registration information. The regulations shall
13include, but need not be limited to, specifications for uniform
14medium, communications protocol and file structure to be
15employed by the election authorities of this State in the
16electronic data processing of voter registration information.
17Each election authority utilizing electronic data processing
18of voter registration information shall comply with such
19regulations on and after May 15, 1988.
20    If the applicant for registration was last registered in
21another county within this State, he shall also sign a
22certificate authorizing cancellation of the former
23registration. The certificate shall be in substantially the
24following form:
25To the County Clerk of.... County, Illinois. (or)
26To the Election Commission of the City of ...., Illinois.

 

 

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1    This is to certify that I am registered in your (county)
2(city) and that my residence was ............................
3Having moved out of your (county) (city), I hereby authorize
4you to cancel said registration in your office.
5Dated at ...., Illinois, on (insert date).
6
.................................
7
(Signature of Voter)
8Attest: ................,  County Clerk, .............
9County, Illinois.
10    The cancellation certificate shall be mailed immediately
11by the County Clerk to the County Clerk (or election commission
12as the case may be) where the applicant was formerly
13registered. Receipt of such certificate shall be full authority
14for cancellation of any previous registration.
15(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
16    (10 ILCS 5/4-25)  (from Ch. 46, par. 4-25)
17    Sec. 4-25. The compensation of the deputy registrars and
18judges of registration appointed by the county board to conduct
19the registrations under Section 4-6.3 and Section 4-7, shall be
20fixed by the county board, but in no case shall such
21compensation be less than $15 nor more than $25 per day for
22each day actually employed at the registration, canvass and
23revision and such deputy registrars and judges of registration
24shall also be compensated at the rate of five cents per mile
25for each mile actually traveled in calling at the county

 

 

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1clerk's office for registration cards and returning them to
2said officer.
3    The State Board of Elections shall reimburse each county
4for the amount of the increase in compensation under this
5Section provided by this amendatory Act from funds appropriated
6for that purpose.
7(Source: P.A. 84-1308.)
 
8    (10 ILCS 5/5-7)   (from Ch. 46, par. 5-7)
9    Sec. 5-7. The county clerk shall provide a sufficient
10number of blank forms for the registration of electors which
11shall be known as registration record cards and which shall
12consist of loose leaf sheets or cards, of suitable size to
13contain in plain writing and figures the data hereinafter
14required thereon or shall consist of computer cards of suitable
15nature to contain the data required thereon. The registration
16record cards, which shall include an affidavit of registration
17as hereinafter provided, shall be executed in duplicate.
18    The registration record card shall contain the following
19and such other information as the county clerk may think it
20proper to require for the identification of the applicant for
21registration:
22    Name. The name of the applicant, giving surname and first
23or Christian name in full, and the middle name or the initial
24for such middle name, if any.
25    Sex.

 

 

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1    Residence. The name and number of the street, avenue, or
2other location of the dwelling, including the apartment, unit
3or room number, if any, and in the case of a mobile home the lot
4number, and such additional clear and definite description as
5may be necessary to determine the exact location of the
6dwelling of the applicant, including post-office mailing
7address. In the case of a homeless individual, the individual's
8voting residence that is his or her mailing address shall be
9included on his or her registration record card.
10    Term of residence in the State of Illinois and the
11precinct. Which questions may be answered by the applicant
12stating, in excess of 30 days in the State and in excess of 30
13days in the precinct.
14    Nativity. The State or country in which the applicant was
15born.
16    Citizenship. Whether the applicant is native born or
17naturalized. If naturalized, the court, place and date of
18naturalization.
19    Date of application for registration, i.e., the day, month
20and year when applicant presented himself for registration.
21    Age. Date of birth, by month, day and year.
22    Physical disability of the applicant, if any, at the time
23of registration, which would require assistance in voting.
24    The county and state in which the applicant was last
25registered.
26    Electronic mail address, if any.

 

 

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

 

 

10000SB1936sam003- 23 -LRB100 08351 MLM 24827 a

1to vote. That I intend that this location shall be my residence
2and that the above statements are true.
3
..............................
4
(His or her signature or mark)
5    Subscribed and sworn to before me on (insert date).
6.........................................
7    Signature of Registration Officer.
8(To be signed in presence of Registrant.)
 
9    Space shall be provided upon the face of each registration
10record card for the notation of the voting record of the person
11registered thereon.
12    Each registration record card shall be numbered according
13to towns and precincts, wards, cities and villages, as the case
14may be, and may be serially or otherwise marked for
15identification in such manner as the county clerk may
16determine.
17    The registration cards shall be deemed public records and
18shall be open to inspection during regular business hours,
19except during the 27 days immediately preceding any election.
20On written request of any candidate or objector or any person
21intending to object to a petition, the election authority shall
22extend its hours for inspection of registration cards and other
23records of the election authority during the period beginning
24with the filing of petitions under Sections 7-10, 8-8, 10-6 or
2528-3 and continuing through the termination of electoral board

 

 

10000SB1936sam003- 24 -LRB100 08351 MLM 24827 a

1hearings on any objections to petitions containing signatures
2of registered voters in the jurisdiction of the election
3authority. The extension shall be for a period of hours
4sufficient to allow adequate opportunity for examination of the
5records but the election authority is not required to extend
6its hours beyond the period beginning at its normal opening for
7business and ending at midnight. If the business hours are so
8extended, the election authority shall post a public notice of
9such extended hours. Registration record cards may also be
10inspected, upon approval of the officer in charge of the cards,
11during the 27 days immediately preceding any election.
12Registration record cards shall also be open to inspection by
13certified judges and poll watchers and challengers at the
14polling place on election day, but only to the extent necessary
15to determine the question of the right of a person to vote or
16to serve as a judge of election. At no time shall poll watchers
17or challengers be allowed to physically handle the registration
18record cards.
19    Updated copies of computer tapes or computer discs or other
20electronic data processing information containing voter
21registration information shall be furnished by the county clerk
22within 10 days after December 15 and May 15 each year and
23within 10 days after each registration period is closed to the
24State Board of Elections in a form prescribed by the Board. For
25the purposes of this Section, a registration period is closed
2627 days before the date of any regular or special election.

 

 

10000SB1936sam003- 25 -LRB100 08351 MLM 24827 a

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

 

 

10000SB1936sam003- 26 -LRB100 08351 MLM 24827 a

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

 

 

10000SB1936sam003- 27 -LRB100 08351 MLM 24827 a

1business purposes. The prohibition in this Section against
2using the computer tapes or computer discs or other electronic
3data processing information containing voter registration
4information for purposes of commercial solicitation or other
5business purposes shall be prospective only from the effective
6date of this amended Act of 1979. Any person who violates this
7provision shall be guilty of a Class 4 felony.
8    The State Board of Elections shall promulgate, by October
91, 1987, such regulations as may be necessary to ensure
10uniformity throughout the State in electronic data processing
11of voter registration information. The regulations shall
12include, but need not be limited to, specifications for uniform
13medium, communications protocol and file structure to be
14employed by the election authorities of this State in the
15electronic data processing of voter registration information.
16Each election authority utilizing electronic data processing
17of voter registration information shall comply with such
18regulations on and after May 15, 1988.
19    If the applicant for registration was last registered in
20another county within this State, he shall also sign a
21certificate authorizing cancellation of the former
22registration. The certificate shall be in substantially the
23following form:
24To the County Clerk of .... County, Illinois. To the Election
25Commission of the City of ...., Illinois.
26    This is to certify that I am registered in your (county)

 

 

10000SB1936sam003- 28 -LRB100 08351 MLM 24827 a

1(city) and that my residence was .....
2    Having moved out of your (county) (city), I hereby
3authorize you to cancel said registration in your office.
4Dated at .... Illinois, on (insert date).
5
....................
6
(Signature of Voter)
7
Attest ......, County Clerk, ........ County, Illinois.
8    The cancellation certificate shall be mailed immediately
9by the county clerk to the county clerk (or election commission
10as the case may be) where the applicant was formerly
11registered. Receipt of such certificate shall be full authority
12for cancellation of any previous registration.
13(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
14    (10 ILCS 5/5-35)  (from Ch. 46, par. 5-35)
15    Sec. 5-35. The officers of registration selected to conduct
16registrations under Section 5-17 shall be paid at the rate set
17out below:
18    Registration officers selected to conduct registration and
19canvass under Section 5-17 shall be paid at a rate of not less
20than $20 per day nor more than $30 per day, for each day
21designated by the County Board for any registration and canvass
22provided by Section 5-17, but in no case shall any such officer
23selected to conduct canvass be credited for less than two days'
24service for each canvass.
25    Officers of registration selected to conduct any

 

 

10000SB1936sam003- 29 -LRB100 08351 MLM 24827 a

1registration under Section 5-17 shall be compensated at the
2rate of 5 cents per mile for each mile actually traveled in
3calling at the county clerk's office for registration cards and
4returning them to said officer.
5    The State Board of Elections shall reimburse each county
6for the amount of the increase in compensation under this
7Section provided by this amendatory Act from funds appropriated
8for that purpose.
9(Source: P.A. 84-1308.)
 
10    (10 ILCS 5/6-35)  (from Ch. 46, par. 6-35)
11    Sec. 6-35. The Boards of Election Commissioners shall
12provide a sufficient number of blank forms for the registration
13of electors which shall be known as registration record cards
14and which shall consist of loose leaf sheets or cards, of
15suitable size to contain in plain writing and figures the data
16hereinafter required thereon or shall consist of computer cards
17of suitable nature to contain the data required thereon. The
18registration record cards, which shall include an affidavit of
19registration as hereinafter provided, shall be executed in
20duplicate. The duplicate of which may be a carbon copy of the
21original or a copy of the original made by the use of other
22method or material used for making simultaneous true copies or
23duplications.
24    The registration record card shall contain the following
25and such other information as the Board of Election

 

 

10000SB1936sam003- 30 -LRB100 08351 MLM 24827 a

1Commissioners may think it proper to require for the
2identification of the applicant for registration:
3    Name. The name of the applicant, giving surname and first
4or Christian name in full, and the middle name or the initial
5for such middle name, if any.
6    Sex.
7    Residence. The name and number of the street, avenue, or
8other location of the dwelling, including the apartment, unit
9or room number, if any, and in the case of a mobile home the lot
10number, and such additional clear and definite description as
11may be necessary to determine the exact location of the
12dwelling of the applicant, including post-office mailing
13address. In the case of a homeless individual, the individual's
14voting residence that is his or her mailing address shall be
15included on his or her registration record card.
16    Term of residence in the State of Illinois and the
17precinct.
18    Nativity. The state or country in which the applicant was
19born.
20    Citizenship. Whether the applicant is native born or
21naturalized. If naturalized, the court, place, and date of
22naturalization.
23    Date of application for registration, i.e., the day, month
24and year when the applicant presented himself for registration.
25    Age. Date of birth, by month, day and year.
26    Physical disability of the applicant, if any, at the time

 

 

10000SB1936sam003- 31 -LRB100 08351 MLM 24827 a

1of registration, which would require assistance in voting.
2    The county and state in which the applicant was last
3registered.
4    Electronic mail address, if any.
5    Signature of voter. The applicant, after registration and
6in the presence of a deputy registrar or other officer of
7registration shall be required to sign his or her name in ink
8or digitized form to the affidavit on both the original and the
9duplicate registration record card.
10    Signature of deputy registrar.
11    In case applicant is unable to sign his name, he may affix
12his mark to the affidavit. In such case the registration
13officer shall write a detailed description of the applicant in
14the space provided at the bottom of the card or sheet; and
15shall ask the following questions and record the answers
16thereto:
17    Father's first name .........................
18    Mother's first name .........................
19    From what address did you last register? ....
20    Reason for inability to sign name ...........
21    Each applicant for registration shall make an affidavit in
22substantially the following form:
23
AFFIDAVIT OF REGISTRATION
24State of Illinois  )
25                   )ss
26County of .......  )

 

 

10000SB1936sam003- 32 -LRB100 08351 MLM 24827 a

1    I hereby swear (or affirm) that I am a citizen of the
2United States, that on the day of the next election I shall
3have resided in the State of Illinois and in the election
4precinct 30 days and that I intend that this location is my
5residence; that I am fully qualified to vote, and that the
6above statements are true.
7
..............................
8
(His or her signature or mark)
9    Subscribed and sworn to before me on (insert date).
10......................................
11    Signature of registration officer
12(to be signed in presence of registrant).
13    Space shall be provided upon the face of each registration
14record card for the notation of the voting record of the person
15registered thereon.
16    Each registration record card shall be numbered according
17to wards or precincts, as the case may be, and may be serially
18or otherwise marked for identification in such manner as the
19Board of Election Commissioners may determine.
20    The registration cards shall be deemed public records and
21shall be open to inspection during regular business hours,
22except during the 27 days immediately preceding any election.
23On written request of any candidate or objector or any person
24intending to object to a petition, the election authority shall
25extend its hours for inspection of registration cards and other
26records of the election authority during the period beginning

 

 

10000SB1936sam003- 33 -LRB100 08351 MLM 24827 a

1with the filing of petitions under Sections 7-10, 8-8, 10-6 or
228-3 and continuing through the termination of electoral board
3hearings on any objections to petitions containing signatures
4of registered voters in the jurisdiction of the election
5authority. The extension shall be for a period of hours
6sufficient to allow adequate opportunity for examination of the
7records but the election authority is not required to extend
8its hours beyond the period beginning at its normal opening for
9business and ending at midnight. If the business hours are so
10extended, the election authority shall post a public notice of
11such extended hours. Registration record cards may also be
12inspected, upon approval of the officer in charge of the cards,
13during the 27 days immediately preceding any election.
14Registration record cards shall also be open to inspection by
15certified judges and poll watchers and challengers at the
16polling place on election day, but only to the extent necessary
17to determine the question of the right of a person to vote or
18to serve as a judge of election. At no time shall poll watchers
19or challengers be allowed to physically handle the registration
20record cards.
21    Updated copies of computer tapes or computer discs or other
22electronic data processing information containing voter
23registration information shall be furnished by the Board of
24Election Commissioners within 10 days after December 15 and May
2515 each year and within 10 days after each registration period
26is closed to the State Board of Elections in a form prescribed

 

 

10000SB1936sam003- 34 -LRB100 08351 MLM 24827 a

1by the State Board. For the purposes of this Section, a
2registration period is closed 27 days before the date of any
3regular or special election. Registration information shall
4include, but not be limited to, the following information:
5name, sex, residence, telephone number, if any, age, party
6affiliation, if applicable, precinct, ward, township, county,
7and representative, legislative and congressional districts.
8In the event of noncompliance, the State Board of Elections is
9directed to obtain compliance forthwith with this
10nondiscretionary duty of the election authority by instituting
11legal proceedings in the circuit court of the county in which
12the election authority maintains the registration information.
13The costs of furnishing updated copies of tapes or discs shall
14be paid at a rate of $.00034 per name of registered voters in
15the election jurisdiction, but not less than $50 per tape or
16disc and shall be paid from appropriations made to the State
17Board of Elections for reimbursement to the election authority
18for such purpose. The State Board shall furnish copies of such
19tapes, discs, other electronic data or compilations thereof to
20state political committees registered pursuant to the Illinois
21Campaign Finance Act or the Federal Election Campaign Act and
22to governmental entities, at their request and at a reasonable
23cost. To protect the privacy and confidentiality of voter
24registration information, the disclosure of electronic voter
25registration records to any person or entity other than to a
26State or local political committee and other than to a

 

 

10000SB1936sam003- 35 -LRB100 08351 MLM 24827 a

1governmental entity for a governmental purpose is specifically
2prohibited except as follows: subject to security measures
3adopted by the State Board of Elections which, at a minimum,
4shall include the keeping of a catalog or database, available
5for public view, including the name, address, and telephone
6number of the person viewing the list as well as the time of
7that viewing, any person may view the centralized statewide
8voter registration list on a computer screen at the Springfield
9office of the State Board of Elections, during normal business
10hours other than during the 27 days before an election, but the
11person viewing the list under this exception may not print,
12duplicate, transmit, or alter the list. Copies of the tapes,
13discs or other electronic data shall be furnished by the Board
14of Election Commissioners to local political committees and
15governmental entities at their request and at a reasonable
16cost. Reasonable cost of the tapes, discs, et cetera for this
17purpose would be the cost of duplication plus 15% for
18administration. The individual representing a political
19committee requesting copies of such tapes shall make a sworn
20affidavit that the information shall be used only for bona fide
21political purposes, including by or for candidates for office
22or incumbent office holders. Such tapes, discs or other
23electronic data shall not be used under any circumstances by
24any political committee or individuals for purposes of
25commercial solicitation or other business purposes. If such
26tapes contain information on county residents related to the

 

 

10000SB1936sam003- 36 -LRB100 08351 MLM 24827 a

1operations of county government in addition to registration
2information, that information shall not be used under any
3circumstances for commercial solicitation or other business
4purposes. The prohibition in this Section against using the
5computer tapes or computer discs or other electronic data
6processing information containing voter registration
7information for purposes of commercial solicitation or other
8business purposes shall be prospective only from the effective
9date of this amended Act of 1979. Any person who violates this
10provision shall be guilty of a Class 4 felony.
11    The State Board of Elections shall promulgate, by October
121, 1987, such regulations as may be necessary to ensure
13uniformity throughout the State in electronic data processing
14of voter registration information. The regulations shall
15include, but need not be limited to, specifications for uniform
16medium, communications protocol and file structure to be
17employed by the election authorities of this State in the
18electronic data processing of voter registration information.
19Each election authority utilizing electronic data processing
20of voter registration information shall comply with such
21regulations on and after May 15, 1988.
22    If the applicant for registration was last registered in
23another county within this State, he shall also sign a
24certificate authorizing cancellation of the former
25registration. The certificate shall be in substantially the
26following form:

 

 

10000SB1936sam003- 37 -LRB100 08351 MLM 24827 a

1To the County Clerk of .... County, Illinois.
2To the Election Commission of the City of ...., Illinois.
3    This is to certify that I am registered in your (county)
4(city) and that my residence was ..... Having moved out of your
5(county), (city), I hereby authorize you to cancel that
6registration in your office.
7    Dated at ...., Illinois, on (insert date).
8
....................
9
(Signature of Voter)
10    Attest ...., Clerk, Election Commission of the City of....,
11Illinois.
12    The cancellation certificate shall be mailed immediately
13by the clerk of the Election Commission to the county clerk,
14(or Election Commission as the case may be) where the applicant
15was formerly registered. Receipt of such certificate shall be
16full authority for cancellation of any previous registration.
17(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
18    (10 ILCS 5/6-71)  (from Ch. 46, par. 6-71)
19    Sec. 6-71. In the cities, villages and incorporated towns
20in counties having a population of 500,000 or more, which are
21operating under this Article, the compensation of 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 registration shall be not less than $20 nor more

 

 

10000SB1936sam003- 38 -LRB100 08351 MLM 24827 a

1than $30 per day. In cities, villages and incorporated towns in
2counties having a population of less than 500,000, and
3operating under this Article, the compensation of the deputy
4registrars and judges of registration provided for the first
5registration under this Article, and officers of registration
6appointed in conformity with Section 6-69 of this Article for
7subsequent registrations shall be $17.50 per day. The
8compensation of such deputy registrars, judges of registration
9and officers of registration, shall be apportioned and paid in
10the manner provided by Article 14 of this Act for judges of
11election.
12    Each judge of registration who has performed all the duties
13and services required for the first registration under this
14Article shall be credited with 2 days' service for the 2 days
15of general registration provided for by this Article. Each
16deputy registrar who has performed all the duties and services
17required for the first registration under this Article shall be
18credited with 4 days' service for the 2 days of general
19registration and the 2 days of canvass as provided for by this
20Article.
21    Officers of registration authorized by Section 6-69 of this
22Article for registration subsequent to the first registration
23under this Article shall be credited with one day's service for
24each registration, and, with the approval of the circuit court,
25may be credited with an additional day for such other services
26as the Board of Election Commissioners may require of them, an

 

 

10000SB1936sam003- 39 -LRB100 08351 MLM 24827 a

1order of the circuit court in such cases to recite such
2additional services and to designate the officers of
3registration from whom such additional services are to be
4received, provided that in cities, villages and incorporated
5towns in counties having a population of 500,000 or more, which
6are operating under this Article, any such officer selected to
7conduct canvass shall be credited with not less than 2 days'
8service for each canvass.
9    The State Board of Elections shall reimburse each board of
10election commissioners for the amount of the increase in
11compensation under this Section provided by this amendatory Act
12from funds appropriated for that purpose.
13(Source: P.A. 81-850; 81-1149.)
 
14    (15 ILCS 550/Act rep.)
15    Section 10-10. The Public Education Affinity Credit Card
16Act is repealed.
 
17    Section 10-15. The Illinois Act on the Aging is amended by
18changing Sections 4.02 and 4.14 as follows:
 
19    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
20    Sec. 4.02. Community Care Program. The Department shall
21establish a program of services to prevent unnecessary
22institutionalization of persons age 60 and older in need of
23long term care or who are established as persons who suffer

 

 

10000SB1936sam003- 40 -LRB100 08351 MLM 24827 a

1from Alzheimer's disease or a related disorder under the
2Alzheimer's Disease Assistance Act, thereby enabling them to
3remain in their own homes or in other living arrangements. Such
4preventive services, which may be coordinated with other
5programs for the aged and monitored by area agencies on aging
6in cooperation with the Department, may include, but are not
7limited to, any or all of the following:
8        (a) (blank);
9        (b) (blank);
10        (c) home care aide services;
11        (d) personal assistant services;
12        (e) adult day services;
13        (f) home-delivered meals;
14        (g) education in self-care;
15        (h) personal care services;
16        (i) adult day health services;
17        (j) habilitation services;
18        (k) respite care;
19        (k-5) community reintegration services;
20        (k-6) flexible senior services;
21        (k-7) medication management;
22        (k-8) emergency home response;
23        (l) other nonmedical social services that may enable
24    the person to become self-supporting; or
25        (m) clearinghouse for information provided by senior
26    citizen home owners who want to rent rooms to or share

 

 

10000SB1936sam003- 41 -LRB100 08351 MLM 24827 a

1    living space with other senior citizens.
2    The Department shall establish eligibility standards for
3such services. In determining the amount and nature of services
4for which a person may qualify, consideration shall not be
5given to the value of cash, property or other assets held in
6the name of the person's spouse pursuant to a written agreement
7dividing marital property into equal but separate shares or
8pursuant to a transfer of the person's interest in a home to
9his spouse, provided that the spouse's share of the marital
10property is not made available to the person seeking such
11services.
12    Beginning January 1, 2008, the Department shall require as
13a condition of eligibility that all new financially eligible
14applicants apply for and enroll in medical assistance under
15Article V of the Illinois Public Aid Code in accordance with
16rules promulgated by the Department.
17    The Department shall, in conjunction with the Department of
18Public Aid (now Department of Healthcare and Family Services),
19seek appropriate amendments under Sections 1915 and 1924 of the
20Social Security Act. The purpose of the amendments shall be to
21extend eligibility for home and community based services under
22Sections 1915 and 1924 of the Social Security Act to persons
23who transfer to or for the benefit of a spouse those amounts of
24income and resources allowed under Section 1924 of the Social
25Security Act. Subject to the approval of such amendments, the
26Department shall extend the provisions of Section 5-4 of the

 

 

10000SB1936sam003- 42 -LRB100 08351 MLM 24827 a

1Illinois Public Aid Code to persons who, but for the provision
2of home or community-based services, would require the level of
3care provided in an institution, as is provided for in federal
4law. Those persons no longer found to be eligible for receiving
5noninstitutional services due to changes in the eligibility
6criteria shall be given 45 days notice prior to actual
7termination. Those persons receiving notice of termination may
8contact the Department and request the determination be
9appealed at any time during the 45 day notice period. The
10target population identified for the purposes of this Section
11are persons age 60 and older with an identified service need.
12Priority shall be given to those who are at imminent risk of
13institutionalization. The services shall be provided to
14eligible persons age 60 and older to the extent that the cost
15of the services together with the other personal maintenance
16expenses of the persons are reasonably related to the standards
17established for care in a group facility appropriate to the
18person's condition. These non-institutional services, pilot
19projects or experimental facilities may be provided as part of
20or in addition to those authorized by federal law or those
21funded and administered by the Department of Human Services.
22The Departments of Human Services, Healthcare and Family
23Services, Public Health, Veterans' Affairs, and Commerce and
24Economic Opportunity and other appropriate agencies of State,
25federal and local governments shall cooperate with the
26Department on Aging in the establishment and development of the

 

 

10000SB1936sam003- 43 -LRB100 08351 MLM 24827 a

1non-institutional services. The Department shall require an
2annual audit from all personal assistant and home care aide
3vendors contracting with the Department under this Section. The
4annual audit shall assure that each audited vendor's procedures
5are in compliance with Department's financial reporting
6guidelines requiring an administrative and employee wage and
7benefits cost split as defined in administrative rules. The
8audit is a public record under the Freedom of Information Act.
9The Department shall execute, relative to the nursing home
10prescreening project, written inter-agency agreements with the
11Department of Human Services and the Department of Healthcare
12and Family Services, to effect the following: (1) intake
13procedures and common eligibility criteria for those persons
14who are receiving non-institutional services; and (2) the
15establishment and development of non-institutional services in
16areas of the State where they are not currently available or
17are undeveloped. On and after July 1, 1996, all nursing home
18prescreenings for individuals 60 years of age or older shall be
19conducted by the Department.
20    As part of the Department on Aging's routine training of
21case managers and case manager supervisors, the Department may
22include information on family futures planning for persons who
23are age 60 or older and who are caregivers of their adult
24children with developmental disabilities. The content of the
25training shall be at the Department's discretion.
26    The Department is authorized to establish a system of

 

 

10000SB1936sam003- 44 -LRB100 08351 MLM 24827 a

1recipient copayment for services provided under this Section,
2such copayment to be based upon the recipient's ability to pay
3but in no case to exceed the actual cost of the services
4provided. Additionally, any portion of a person's income which
5is equal to or less than the federal poverty standard shall not
6be considered by the Department in determining the copayment.
7The level of such copayment shall be adjusted whenever
8necessary to reflect any change in the officially designated
9federal poverty standard.
10    The Department, or the Department's authorized
11representative, may recover the amount of moneys expended for
12services provided to or in behalf of a person under this
13Section by a claim against the person's estate or against the
14estate of the person's surviving spouse, but no recovery may be
15had until after the death of the surviving spouse, if any, and
16then only at such time when there is no surviving child who is
17under age 21 or blind or who has a permanent and total
18disability. This paragraph, however, shall not bar recovery, at
19the death of the person, of moneys for services provided to the
20person or in behalf of the person under this Section to which
21the person was not entitled; provided that such recovery shall
22not be enforced against any real estate while it is occupied as
23a homestead by the surviving spouse or other dependent, if no
24claims by other creditors have been filed against the estate,
25or, if such claims have been filed, they remain dormant for
26failure of prosecution or failure of the claimant to compel

 

 

10000SB1936sam003- 45 -LRB100 08351 MLM 24827 a

1administration of the estate for the purpose of payment. This
2paragraph shall not bar recovery from the estate of a spouse,
3under Sections 1915 and 1924 of the Social Security Act and
4Section 5-4 of the Illinois Public Aid Code, who precedes a
5person receiving services under this Section in death. All
6moneys for services paid to or in behalf of the person under
7this Section shall be claimed for recovery from the deceased
8spouse's estate. "Homestead", as used in this paragraph, means
9the dwelling house and contiguous real estate occupied by a
10surviving spouse or relative, as defined by the rules and
11regulations of the Department of Healthcare and Family
12Services, regardless of the value of the property.
13    The Department shall increase the effectiveness of the
14existing Community Care Program by:
15        (1) ensuring that in-home services included in the care
16    plan are available on evenings and weekends;
17        (2) ensuring that care plans contain the services that
18    eligible participants need based on the number of days in a
19    month, not limited to specific blocks of time, as
20    identified by the comprehensive assessment tool selected
21    by the Department for use statewide, not to exceed the
22    total monthly service cost maximum allowed for each
23    service; the Department shall develop administrative rules
24    to implement this item (2);
25        (3) ensuring that the participants have the right to
26    choose the services contained in their care plan and to

 

 

10000SB1936sam003- 46 -LRB100 08351 MLM 24827 a

1    direct how those services are provided, based on
2    administrative rules established by the Department;
3        (4) ensuring that the determination of need tool is
4    accurate in determining the participants' level of need; to
5    achieve this, the Department, in conjunction with the Older
6    Adult Services Advisory Committee, shall institute a study
7    of the relationship between the Determination of Need
8    scores, level of need, service cost maximums, and the
9    development and utilization of service plans no later than
10    May 1, 2008; findings and recommendations shall be
11    presented to the Governor and the General Assembly no later
12    than January 1, 2009; recommendations shall include all
13    needed changes to the service cost maximums schedule and
14    additional covered services;
15        (5) ensuring that homemakers can provide personal care
16    services that may or may not involve contact with clients,
17    including but not limited to:
18            (A) bathing;
19            (B) grooming;
20            (C) toileting;
21            (D) nail care;
22            (E) transferring;
23            (F) respiratory services;
24            (G) exercise; or
25            (H) positioning;
26        (6) ensuring that homemaker program vendors are not

 

 

10000SB1936sam003- 47 -LRB100 08351 MLM 24827 a

1    restricted from hiring homemakers who are family members of
2    clients or recommended by clients; the Department may not,
3    by rule or policy, require homemakers who are family
4    members of clients or recommended by clients to accept
5    assignments in homes other than the client;
6        (7) ensuring that the State may access maximum federal
7    matching funds by seeking approval for the Centers for
8    Medicare and Medicaid Services for modifications to the
9    State's home and community based services waiver and
10    additional waiver opportunities, including applying for
11    enrollment in the Balance Incentive Payment Program by May
12    1, 2013, in order to maximize federal matching funds; this
13    shall include, but not be limited to, modification that
14    reflects all changes in the Community Care Program services
15    and all increases in the services cost maximum;
16        (8) ensuring that the determination of need tool
17    accurately reflects the service needs of individuals with
18    Alzheimer's disease and related dementia disorders;
19        (9) ensuring that services are authorized accurately
20    and consistently for the Community Care Program (CCP); the
21    Department shall implement a Service Authorization policy
22    directive; the purpose shall be to ensure that eligibility
23    and services are authorized accurately and consistently in
24    the CCP program; the policy directive shall clarify service
25    authorization guidelines to Care Coordination Units and
26    Community Care Program providers no later than May 1, 2013;

 

 

10000SB1936sam003- 48 -LRB100 08351 MLM 24827 a

1        (10) working in conjunction with Care Coordination
2    Units, the Department of Healthcare and Family Services,
3    the Department of Human Services, Community Care Program
4    providers, and other stakeholders to make improvements to
5    the Medicaid claiming processes and the Medicaid
6    enrollment procedures or requirements as needed,
7    including, but not limited to, specific policy changes or
8    rules to improve the up-front enrollment of participants in
9    the Medicaid program and specific policy changes or rules
10    to insure more prompt submission of bills to the federal
11    government to secure maximum federal matching dollars as
12    promptly as possible; the Department on Aging shall have at
13    least 3 meetings with stakeholders by January 1, 2014 in
14    order to address these improvements;
15        (11) requiring home care service providers to comply
16    with the rounding of hours worked provisions under the
17    federal Fair Labor Standards Act (FLSA) and as set forth in
18    29 CFR 785.48(b) by May 1, 2013;
19        (12) implementing any necessary policy changes or
20    promulgating any rules, no later than January 1, 2014, to
21    assist the Department of Healthcare and Family Services in
22    moving as many participants as possible, consistent with
23    federal regulations, into coordinated care plans if a care
24    coordination plan that covers long term care is available
25    in the recipient's area; and
26        (13) maintaining fiscal year 2014 rates at the same

 

 

10000SB1936sam003- 49 -LRB100 08351 MLM 24827 a

1    level established on January 1, 2013.
2    By January 1, 2009 or as soon after the end of the Cash and
3Counseling Demonstration Project as is practicable, the
4Department may, based on its evaluation of the demonstration
5project, promulgate rules concerning personal assistant
6services, to include, but need not be limited to,
7qualifications, employment screening, rights under fair labor
8standards, training, fiduciary agent, and supervision
9requirements. All applicants shall be subject to the provisions
10of the Health Care Worker Background Check Act.
11    The Department shall develop procedures to enhance
12availability of services on evenings, weekends, and on an
13emergency basis to meet the respite needs of caregivers.
14Procedures shall be developed to permit the utilization of
15services in successive blocks of 24 hours up to the monthly
16maximum established by the Department. Workers providing these
17services shall be appropriately trained.
18    Beginning on the effective date of this amendatory Act of
191991, no person may perform chore/housekeeping and home care
20aide services under a program authorized by this Section unless
21that person has been issued a certificate of pre-service to do
22so by his or her employing agency. Information gathered to
23effect such certification shall include (i) the person's name,
24(ii) the date the person was hired by his or her current
25employer, and (iii) the training, including dates and levels.
26Persons engaged in the program authorized by this Section

 

 

10000SB1936sam003- 50 -LRB100 08351 MLM 24827 a

1before the effective date of this amendatory Act of 1991 shall
2be issued a certificate of all pre- and in-service training
3from his or her employer upon submitting the necessary
4information. The employing agency shall be required to retain
5records of all staff pre- and in-service training, and shall
6provide such records to the Department upon request and upon
7termination of the employer's contract with the Department. In
8addition, the employing agency is responsible for the issuance
9of certifications of in-service training completed to their
10employees.
11    The Department is required to develop a system to ensure
12that persons working as home care aides and personal assistants
13receive increases in their wages when the federal minimum wage
14is increased by requiring vendors to certify that they are
15meeting the federal minimum wage statute for home care aides
16and personal assistants. An employer that cannot ensure that
17the minimum wage increase is being given to home care aides and
18personal assistants shall be denied any increase in
19reimbursement costs.
20    The Community Care Program Advisory Committee is created in
21the Department on Aging. The Director shall appoint individuals
22to serve in the Committee, who shall serve at their own
23expense. Members of the Committee must abide by all applicable
24ethics laws. The Committee shall advise the Department on
25issues related to the Department's program of services to
26prevent unnecessary institutionalization. The Committee shall

 

 

10000SB1936sam003- 51 -LRB100 08351 MLM 24827 a

1meet on a bi-monthly basis and shall serve to identify and
2advise the Department on present and potential issues affecting
3the service delivery network, the program's clients, and the
4Department and to recommend solution strategies. Persons
5appointed to the Committee shall be appointed on, but not
6limited to, their own and their agency's experience with the
7program, geographic representation, and willingness to serve.
8The Director shall appoint members to the Committee to
9represent provider, advocacy, policy research, and other
10constituencies committed to the delivery of high quality home
11and community-based services to older adults. Representatives
12shall be appointed to ensure representation from community care
13providers including, but not limited to, adult day service
14providers, homemaker providers, case coordination and case
15management units, emergency home response providers, statewide
16trade or labor unions that represent home care aides and direct
17care staff, area agencies on aging, adults over age 60,
18membership organizations representing older adults, and other
19organizational entities, providers of care, or individuals
20with demonstrated interest and expertise in the field of home
21and community care as determined by the Director.
22    Nominations may be presented from any agency or State
23association with interest in the program. The Director, or his
24or her designee, shall serve as the permanent co-chair of the
25advisory committee. One other co-chair shall be nominated and
26approved by the members of the committee on an annual basis.

 

 

10000SB1936sam003- 52 -LRB100 08351 MLM 24827 a

1Committee members' terms of appointment shall be for 4 years
2with one-quarter of the appointees' terms expiring each year. A
3member shall continue to serve until his or her replacement is
4named. The Department shall fill vacancies that have a
5remaining term of over one year, and this replacement shall
6occur through the annual replacement of expiring terms. The
7Director shall designate Department staff to provide technical
8assistance and staff support to the committee. Department
9representation shall not constitute membership of the
10committee. All Committee papers, issues, recommendations,
11reports, and meeting memoranda are advisory only. The Director,
12or his or her designee, shall make a written report, as
13requested by the Committee, regarding issues before the
14Committee.
15    The Department on Aging and the Department of Human
16Services shall cooperate in the development and submission of
17an annual report on programs and services provided under this
18Section. Such joint report shall be filed with the Governor and
19the General Assembly on or before September 30 each year.
20    The requirement for reporting to the General Assembly shall
21be satisfied by filing copies of the report with the Speaker,
22the Minority Leader and the Clerk of the House of
23Representatives and the President, the Minority Leader and the
24Secretary of the Senate and the Legislative Research Unit, as
25required by Section 3.1 of the General Assembly Organization
26Act and filing such additional copies with the State Government

 

 

10000SB1936sam003- 53 -LRB100 08351 MLM 24827 a

1Report Distribution Center for the General Assembly as is
2required under paragraph (t) of Section 7 of the State Library
3Act.
4    Those persons previously found eligible for receiving
5non-institutional services whose services were discontinued
6under the Emergency Budget Act of Fiscal Year 1992, and who do
7not meet the eligibility standards in effect on or after July
81, 1992, shall remain ineligible on and after July 1, 1992.
9Those persons previously not required to cost-share and who
10were required to cost-share effective March 1, 1992, shall
11continue to meet cost-share requirements on and after July 1,
121992. Beginning July 1, 1992, all clients will be required to
13meet eligibility, cost-share, and other requirements and will
14have services discontinued or altered when they fail to meet
15these requirements.
16    For the purposes of this Section, "flexible senior
17services" refers to services that require one-time or periodic
18expenditures including, but not limited to, respite care, home
19modification, assistive technology, housing assistance, and
20transportation.
21    The Department shall implement an electronic service
22verification based on global positioning systems or other
23cost-effective technology for the Community Care Program no
24later than January 1, 2014.
25    The Department shall require, as a condition of
26eligibility, enrollment in the medical assistance program

 

 

10000SB1936sam003- 54 -LRB100 08351 MLM 24827 a

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

 

 

10000SB1936sam003- 55 -LRB100 08351 MLM 24827 a

1(a) of Section 2-27 of the Illinois State Auditing Act.
2    The Department shall provide a bi-monthly report on the
3progress of the Community Care Program reforms set forth in
4this amendatory Act of the 98th General Assembly to the
5Governor, the Speaker of the House of Representatives, the
6Minority Leader of the House of Representatives, the President
7of the Senate, and the Minority Leader of the Senate.
8    The Department shall conduct a quarterly review of Care
9Coordination Unit performance and adherence to service
10guidelines. The quarterly review shall be reported to the
11Speaker of the House of Representatives, the Minority Leader of
12the House of Representatives, the President of the Senate, and
13the Minority Leader of the Senate. The Department shall collect
14and report longitudinal data on the performance of each care
15coordination unit. Nothing in this paragraph shall be construed
16to require the Department to identify specific care
17coordination units.
18    In regard to community care providers, failure to comply
19with Department on Aging policies shall be cause for
20disciplinary action, including, but not limited to,
21disqualification from serving Community Care Program clients.
22Each provider, upon submission of any bill or invoice to the
23Department for payment for services rendered, shall include a
24notarized statement, under penalty of perjury pursuant to
25Section 1-109 of the Code of Civil Procedure, that the provider
26has complied with all Department policies.

 

 

10000SB1936sam003- 56 -LRB100 08351 MLM 24827 a

1    The Director of the Department on Aging shall make
2information available to the State Board of Elections as may be
3required by an agreement the State Board of Elections has
4entered into with a multi-state voter registration list
5maintenance system.
6(Source: P.A. 98-8, eff. 5-3-13; 98-1171, eff. 6-1-15; 99-143,
7eff. 7-27-15.)
 
8    (20 ILCS 105/4.14)
9    Sec. 4.14. Rural Senior Citizen Program.
10    (a) The General Assembly finds that it is in the best
11interest of the citizens of Illinois to identify and address
12the special challenges and needs faced by older rural
13residents. The General Assembly further finds that rural areas
14are often under-served and unserved to the detriment of older
15residents and their families, which may require the allocation
16of additional resources.
17    (b) (Blank). The Department shall identify the special
18needs and problems of older rural residents and evaluate the
19adequacy and accessibility of existing programs and
20information for older rural residents. The scope of the
21Department's work shall encompass both Older American Act
22services, Community Care services, and all other services
23targeted in whole or in part at residents 60 years of age and
24older, regardless of the setting in which the service is
25provided.

 

 

10000SB1936sam003- 57 -LRB100 08351 MLM 24827 a

1    (c) (Blank). The Older Rural Adults Task Force is
2established to gather information and make recommendations in
3collaboration with the Department on Aging and the Older Adult
4Services Committee. The Task Force shall be comprised of 12
5voting members and 7 non-voting members. The President and
6Minority Leader of the Illinois Senate and the Speaker and
7Minority Leader of the Illinois House of Representatives shall
8each appoint 2 members of the General Assembly and one citizen
9member to the Task Force. Citizen members may seek
10reimbursement for actual travel expenses. Representatives of
11the Department on Aging and the Departments of Healthcare and
12Family Services, Human Services, Public Health, and Commerce
13and Economic Opportunity, the Rural Affairs Council, and the
14Illinois Housing Development Authority shall serve as
15non-voting members. The Department on Aging shall provide staff
16support to the Task Force.
17    Co-chairs shall be selected by the Task Force at its first
18meeting. Both shall be appointed voting members of the Task
19Force. One co-chair shall be a member of the General Assembly
20and one shall be a citizen member. A simple majority of those
21appointed shall constitute a quorum. The Task Force may hold
22regional hearings and fact finding meetings and shall submit a
23report to the General Assembly no later than January 1, 2009.
24The Task Force is dissolved upon submission of the report.
25(Source: P.A. 95-89, eff. 8-13-07.)
 

 

 

10000SB1936sam003- 58 -LRB100 08351 MLM 24827 a

1    (20 ILCS 605/605-312 rep.)
2    (20 ILCS 605/605-817 rep.)
3    (20 ILCS 605/605-855 rep.)
4    Section 10-20. The Department of Commerce and Economic
5Opportunity Law of the Civil Administrative Code of Illinois is
6amended by repealing Sections 605-312, 605-817, and 605-855.
 
7    (20 ILCS 627/Act rep.)
8    Section 10-25. The Electric Vehicle Act is repealed.
 
9    Section 10-30. The Illinois Emergency Employment
10Development Act is amended by changing Section 3 as follows:
 
11    (20 ILCS 630/3)  (from Ch. 48, par. 2403)
12    Sec. 3. Illinois Emergency Employment Development
13Coordinator.
14    (a) The governor shall appoint an Illinois Emergency
15Employment Development Coordinator to administer the
16provisions of this Act. The coordinator shall be within the
17Department of Commerce and Economic Opportunity, but shall be
18responsible directly to the governor. The coordinator shall
19have the powers necessary to carry out the purpose of the
20program.
21    (b) The coordinator shall:
22        (1) recommend one or more Employment Administrators
23    for each service delivery area for approval by the Advisory

 

 

10000SB1936sam003- 59 -LRB100 08351 MLM 24827 a

1    Committee, with recommendations based on the demonstrated
2    ability of the Employment Administrator to identify and
3    address local needs;
4        (2) enter into a contract with one or more Employment
5    Administrators in each service delivery area;
6        (3) assist the Employment Administrator in developing
7    a satisfactory plan if an Employment Administrator submits
8    one that does not conform to program requirements;
9        (4) convene and provide staff support to the Advisory
10    Committee;
11        (5) coordinate the program with other State agencies
12    and services including public benefits and workforce
13    programs for unemployed individuals; and
14        (6) perform general program marketing and monitoring
15    functions.
16    (c) (Blank). The coordinator shall administer the program
17within the Department of Commerce and Economic Opportunity. The
18Director of Commerce and Economic Opportunity shall provide
19administrative support services to the coordinator for the
20purposes of the program.
21    (d) The coordinator shall report to the Governor, the
22Advisory Committee, and the General Assembly on a quarterly
23basis concerning (1) the number of persons employed under the
24program; (2) the number and type of employers under the
25program; (3) the amount of money spent in each service delivery
26area for wages for each type of employment and each type of

 

 

10000SB1936sam003- 60 -LRB100 08351 MLM 24827 a

1other expenses; (4) the number of persons who have completed
2participation in the program and their current employment,
3educational or training status; (5) any information requested
4by the General Assembly, the Advisory Committee, or governor or
5deemed pertinent by the coordinator; and (6) any identified
6violations of this Act and actions taken. Each report shall
7include cumulative information, as well as information for each
8quarter.
9    (e) Rules. The Director of Commerce and Economic
10Opportunity, with the advice of the coordinator and the
11Advisory Committee, shall adopt rules for the administration
12and enforcement of this Act.
13(Source: P.A. 96-995, eff. 1-1-11; 97-581, eff. 8-26-11.)
 
14    (20 ILCS 630/17 rep.)
15    Section 10-35. The Illinois Emergency Employment
16Development Act is amended by repealing Section 17.
 
17    (20 ILCS 685/Act rep.)
18    Section 10-40. The Particle Accelerator Land Acquisition
19Act is repealed.
 
20    Section 10-45. The Illinois Geographic Information Council
21Act is amended by changing Section 5-5 as follows:
 
22    (20 ILCS 1128/5-5)

 

 

10000SB1936sam003- 61 -LRB100 08351 MLM 24827 a

1    Sec. 5-5. Council. The Illinois Geographic Information
2Council, hereinafter called the "Council", is created within
3the Department of Natural Resources.
4    The Council shall consist of 15 17 voting members, as
5follows: the Illinois Secretary of State, the Illinois
6Secretary of Transportation, the Directors of the Illinois
7Departments of Agriculture, Central Management Services,
8Commerce and Economic Opportunity, Nuclear Safety, Public
9Health, Natural Resources, and Revenue, the Directors of the
10Illinois Emergency Management Agency and the Illinois
11Environmental Protection Agency, the President of the
12University of Illinois, the Chairman of the Illinois Commerce
13Commission, plus 4 members of the General Assembly, one each
14appointed by the Speaker and Minority Leader of the House and
15the President and Minority Leader of the Senate. An ex officio
16voting member may designate another person to carry out his or
17her duties on the Council.
18    In addition to the above members, the Governor may appoint
19up to 10 additional voting members, representing local,
20regional, and federal agencies, professional organizations,
21academic institutions, public utilities, and the private
22sector.
23    Members appointed by the Governor shall serve at the
24pleasure of the Governor.
25(Source: P.A. 94-793, eff. 5-19-06; 94-961, eff. 6-27-06.)
 

 

 

10000SB1936sam003- 62 -LRB100 08351 MLM 24827 a

1    Section 10-50. The Capital Spending Accountability Law is
2amended by changing Section 805 as follows:
 
3    (20 ILCS 3020/805)
4    Sec. 805. Reports on capital spending. On the 45th first
5day following the end of each quarterly period in each fiscal
6year, the Governor's Office of Management and Budget shall
7provide to the Comptroller, the Treasurer, the President and
8the Minority Leader of the Senate, and the Speaker and the
9Minority Leader of the House of Representatives a report on the
10status of all capital projects in the State. The report may be
11provided in both written and electronic format. The report must
12include all of the following:
13        (1) A brief description or stated purpose of each
14    capital project where applicable (as referred to in this
15    Section, "project").
16        (2) The amount and source of funds (whether from bond
17    funds or other revenues) appropriated for each project,
18    organized into categories including roads, mass transit,
19    schools, environment, civic centers and other categories
20    as applicable (as referred to in this Section, "category or
21    categories"), with subtotals for each category.
22        (3) The date the appropriation bill relating to each
23    project was signed by the Governor, organized into
24    categories.
25        (4) The date the written release of the Governor for

 

 

10000SB1936sam003- 63 -LRB100 08351 MLM 24827 a

1    each project was submitted to the Comptroller or is
2    projected to be submitted and, if a release for any project
3    has not been submitted within 6 months after its
4    appropriation became law, an explanation why the project
5    has not yet been released, all organized into categories.
6        (5) The amount of expenditures to date by the State
7    relating to each project and estimated amount of total
8    State expenditures and proposed schedule of future State
9    expenditures relating to each project, all organized into
10    categories.
11        (6) A timeline for completion of each project,
12    including the dates, if applicable, of execution by the
13    State of any grant agreement, any required engineering or
14    design work or environmental approvals, and the estimated
15    or actual dates of the start and completion of
16    construction, all organized into categories. Any
17    substantial variances on any project from this reported
18    timeline must be explained in the next quarterly report.
19        (7) A summary report of the status of all projects,
20    including the amount of undisbursed funds intended to be
21    held or used in the next quarter.
22(Source: P.A. 98-692, eff. 7-1-14.)
 
23    Section 10-55. The Illinois Criminal Justice Information
24Act is amended by changing Section 7 as follows:
 

 

 

10000SB1936sam003- 64 -LRB100 08351 MLM 24827 a

1    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)
2    Sec. 7. Powers and Duties. The Authority shall have the
3following powers, duties and responsibilities:
4        (a) To develop and operate comprehensive information
5    systems for the improvement and coordination of all aspects
6    of law enforcement, prosecution and corrections;
7        (b) To define, develop, evaluate and correlate State
8    and local programs and projects associated with the
9    improvement of law enforcement and the administration of
10    criminal justice;
11        (c) To act as a central repository and clearing house
12    for federal, state and local research studies, plans,
13    projects, proposals and other information relating to all
14    aspects of criminal justice system improvement and to
15    encourage educational programs for citizen support of
16    State and local efforts to make such improvements;
17        (d) To undertake research studies to aid in
18    accomplishing its purposes;
19        (e) To monitor the operation of existing criminal
20    justice information systems in order to protect the
21    constitutional rights and privacy of individuals about
22    whom criminal history record information has been
23    collected;
24        (f) To provide an effective administrative forum for
25    the protection of the rights of individuals concerning
26    criminal history record information;

 

 

10000SB1936sam003- 65 -LRB100 08351 MLM 24827 a

1        (g) To issue regulations, guidelines and procedures
2    which ensure the privacy and security of criminal history
3    record information consistent with State and federal laws;
4        (h) To act as the sole administrative appeal body in
5    the State of Illinois to conduct hearings and make final
6    determinations concerning individual challenges to the
7    completeness and accuracy of criminal history record
8    information;
9        (i) To act as the sole, official, criminal justice body
10    in the State of Illinois to conduct annual and periodic
11    audits of the procedures, policies, and practices of the
12    State central repositories for criminal history record
13    information to verify compliance with federal and state
14    laws and regulations governing such information;
15        (j) To advise the Authority's Statistical Analysis
16    Center;
17        (k) To apply for, receive, establish priorities for,
18    allocate, disburse and spend grants of funds that are made
19    available by and received on or after January 1, 1983 from
20    private sources or from the United States pursuant to the
21    federal Crime Control Act of 1973, as amended, and similar
22    federal legislation, and to enter into agreements with the
23    United States government to further the purposes of this
24    Act, or as may be required as a condition of obtaining
25    federal funds;
26        (l) To receive, expend and account for such funds of

 

 

10000SB1936sam003- 66 -LRB100 08351 MLM 24827 a

1    the State of Illinois as may be made available to further
2    the purposes of this Act;
3        (m) To enter into contracts and to cooperate with units
4    of general local government or combinations of such units,
5    State agencies, and criminal justice system agencies of
6    other states for the purpose of carrying out the duties of
7    the Authority imposed by this Act or by the federal Crime
8    Control Act of 1973, as amended;
9        (n) To enter into contracts and cooperate with units of
10    general local government outside of Illinois, other
11    states' agencies, and private organizations outside of
12    Illinois to provide computer software or design that has
13    been developed for the Illinois criminal justice system, or
14    to participate in the cooperative development or design of
15    new software or systems to be used by the Illinois criminal
16    justice system. Revenues received as a result of such
17    arrangements shall be deposited in the Criminal Justice
18    Information Systems Trust Fund.
19        (o) To establish general policies concerning criminal
20    justice information systems and to promulgate such rules,
21    regulations and procedures as are necessary to the
22    operation of the Authority and to the uniform consideration
23    of appeals and audits;
24        (p) To advise and to make recommendations to the
25    Governor and the General Assembly on policies relating to
26    criminal justice information systems;

 

 

10000SB1936sam003- 67 -LRB100 08351 MLM 24827 a

1        (q) To direct all other agencies under the jurisdiction
2    of the Governor to provide whatever assistance and
3    information the Authority may lawfully require to carry out
4    its functions;
5        (r) To exercise any other powers that are reasonable
6    and necessary to fulfill the responsibilities of the
7    Authority under this Act and to comply with the
8    requirements of applicable federal law or regulation;
9        (s) To exercise the rights, powers and duties which
10    have been vested in the Authority by the "Illinois Uniform
11    Conviction Information Act", enacted by the 85th General
12    Assembly, as hereafter amended;
13        (t) To exercise the rights, powers and duties which
14    have been vested in the Authority by the Illinois Motor
15    Vehicle Theft Prevention Act;
16        (u) To exercise the rights, powers, and duties vested
17    in the Authority by the Illinois Public Safety Agency
18    Network Act; and
19        (v) To provide technical assistance in the form of
20    training to local governmental entities within Illinois
21    requesting such assistance for the purposes of procuring
22    grants for gang intervention and gang prevention programs
23    or other criminal justice programs from the United States
24    Department of Justice.
25    The requirement for reporting to the General Assembly shall
26be satisfied by filing copies of the report with the Speaker,

 

 

10000SB1936sam003- 68 -LRB100 08351 MLM 24827 a

1the Minority Leader and the Clerk of the House of
2Representatives and the President, the Minority Leader and the
3Secretary of the Senate and the Legislative Research Unit, as
4required by Section 3.1 of "An Act to revise the law in
5relation to the General Assembly", approved February 25, 1874,
6as amended, and filing such additional copies with the State
7Government Report Distribution Center for the General Assembly
8as is required under paragraph (t) of Section 7 of the State
9Library Act.
10(Source: P.A. 97-435, eff. 1-1-12.)
 
11    (20 ILCS 3965/Act rep.)
12    Section 10-60. The Illinois Economic Development Board Act
13is repealed.
 
14    (20 ILCS 4065/Act rep.)
15    Section 10-65. The Illinois Children's Savings Accounts
16Act is repealed.
 
17    (20 ILCS 5000/Act rep.)
18    Section 10-70. The Task Force on Inventorying Employment
19Restrictions Act is repealed.
 
20    (30 ILCS 375/Act rep.)
21    Section 10-75. The Local Government Debt Offering Act is
22repealed.
 

 

 

10000SB1936sam003- 69 -LRB100 08351 MLM 24827 a

1    (30 ILCS 577/35-20 rep.)
2    Section 10-80. The State Construction Minority and Female
3Building Trades Act is amended by repealing Section 35-20.
 
4    (30 ILCS 750/9-4.5 rep.)
5    (30 ILCS 750/11-4 rep.)
6    Section 10-85. The Build Illinois Act is amended by
7repealing Sections 9-4.5 and 11-4.
 
8    Section 10-90. The Illinois Income Tax Act is amended by
9changing Section 901 as follows:
 
10    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
11    Sec. 901. Collection authority.
12    (a) In general.
13    The Department shall collect the taxes imposed by this Act.
14The Department shall collect certified past due child support
15amounts under Section 2505-650 of the Department of Revenue Law
16(20 ILCS 2505/2505-650). Except as provided in subsections (c),
17(e), (f), (g), and (h) of this Section, money collected
18pursuant to subsections (a) and (b) of Section 201 of this Act
19shall be paid into the General Revenue Fund in the State
20treasury; money collected pursuant to subsections (c) and (d)
21of Section 201 of this Act shall be paid into the Personal
22Property Tax Replacement Fund, a special fund in the State

 

 

10000SB1936sam003- 70 -LRB100 08351 MLM 24827 a

1Treasury; and money collected under Section 2505-650 of the
2Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
3into the Child Support Enforcement Trust Fund, a special fund
4outside the State Treasury, or to the State Disbursement Unit
5established under Section 10-26 of the Illinois Public Aid
6Code, as directed by the Department of Healthcare and Family
7Services.
8    (b) Local Government Distributive Fund.
9    Beginning August 1, 1969, and continuing through June 30,
101994, the Treasurer shall transfer each month from the General
11Revenue Fund to a special fund in the State treasury, to be
12known as the "Local Government Distributive Fund", an amount
13equal to 1/12 of the net revenue realized from the tax imposed
14by subsections (a) and (b) of Section 201 of this Act during
15the preceding month. Beginning July 1, 1994, and continuing
16through June 30, 1995, the Treasurer shall transfer each month
17from the General Revenue Fund to the Local Government
18Distributive Fund an amount equal to 1/11 of the net revenue
19realized from the tax imposed by subsections (a) and (b) of
20Section 201 of this Act during the preceding month. Beginning
21July 1, 1995 and continuing through January 31, 2011, the
22Treasurer shall transfer each month from the General Revenue
23Fund to the Local Government Distributive Fund an amount equal
24to the net of (i) 1/10 of the net revenue realized from the tax
25imposed by subsections (a) and (b) of Section 201 of the
26Illinois Income Tax Act during the preceding month (ii) minus,

 

 

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1beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
2and beginning July 1, 2004, zero. Beginning February 1, 2011,
3and continuing through January 31, 2015, the Treasurer shall
4transfer each month from the General Revenue Fund to the Local
5Government Distributive Fund an amount equal to the sum of (i)
66% (10% of the ratio of the 3% individual income tax rate prior
7to 2011 to the 5% individual income tax rate after 2010) of the
8net revenue realized from the tax imposed by subsections (a)
9and (b) of Section 201 of this Act upon individuals, trusts,
10and estates during the preceding month and (ii) 6.86% (10% of
11the ratio of the 4.8% corporate income tax rate prior to 2011
12to the 7% corporate income tax rate after 2010) of the net
13revenue realized from the tax imposed by subsections (a) and
14(b) of Section 201 of this Act upon corporations during the
15preceding month. Beginning February 1, 2015 and continuing
16through January 31, 2025, the Treasurer shall transfer each
17month from the General Revenue Fund to the Local Government
18Distributive Fund an amount equal to the sum of (i) 8% (10% of
19the ratio of the 3% individual income tax rate prior to 2011 to
20the 3.75% individual income tax rate after 2014) of the net
21revenue realized from the tax imposed by subsections (a) and
22(b) of Section 201 of this Act upon individuals, trusts, and
23estates during the preceding month and (ii) 9.14% (10% of the
24ratio of the 4.8% corporate income tax rate prior to 2011 to
25the 5.25% corporate income tax rate after 2014) of the net
26revenue realized from the tax imposed by subsections (a) and

 

 

10000SB1936sam003- 72 -LRB100 08351 MLM 24827 a

1(b) of Section 201 of this Act upon corporations during the
2preceding month. Beginning February 1, 2025, the Treasurer
3shall transfer each month from the General Revenue Fund to the
4Local Government Distributive Fund an amount equal to the sum
5of (i) 9.23% (10% of the ratio of the 3% individual income tax
6rate prior to 2011 to the 3.25% individual income tax rate
7after 2024) of the net revenue realized from the tax imposed by
8subsections (a) and (b) of Section 201 of this Act upon
9individuals, trusts, and estates during the preceding month and
10(ii) 10% of the net revenue realized from the tax imposed by
11subsections (a) and (b) of Section 201 of this Act upon
12corporations during the preceding month. Net revenue realized
13for a month shall be defined as the revenue from the tax
14imposed by subsections (a) and (b) of Section 201 of this Act
15which is deposited in the General Revenue Fund, the Education
16Assistance Fund, the Income Tax Surcharge Local Government
17Distributive Fund, the Fund for the Advancement of Education,
18and the Commitment to Human Services Fund during the month
19minus the amount paid out of the General Revenue Fund in State
20warrants during that same month as refunds to taxpayers for
21overpayment of liability under the tax imposed by subsections
22(a) and (b) of Section 201 of this Act.
23    Beginning on August 26, 2014 (the effective date of Public
24Act 98-1052), the Comptroller shall perform the transfers
25required by this subsection (b) no later than 60 days after he
26or she receives the certification from the Treasurer as

 

 

10000SB1936sam003- 73 -LRB100 08351 MLM 24827 a

1provided in Section 1 of the State Revenue Sharing Act.
2    (c) Deposits Into Income Tax Refund Fund.
3        (1) Beginning on January 1, 1989 and thereafter, the
4    Department shall deposit a percentage of the amounts
5    collected pursuant to subsections (a) and (b)(1), (2), and
6    (3), of Section 201 of this Act into a fund in the State
7    treasury known as the Income Tax Refund Fund. The
8    Department shall deposit 6% of such amounts during the
9    period beginning January 1, 1989 and ending on June 30,
10    1989. Beginning with State fiscal year 1990 and for each
11    fiscal year thereafter, the percentage deposited into the
12    Income Tax Refund Fund during a fiscal year shall be the
13    Annual Percentage. For fiscal years 1999 through 2001, the
14    Annual Percentage shall be 7.1%. For fiscal year 2003, the
15    Annual Percentage shall be 8%. For fiscal year 2004, the
16    Annual Percentage shall be 11.7%. Upon the effective date
17    of this amendatory Act of the 93rd General Assembly, the
18    Annual Percentage shall be 10% for fiscal year 2005. For
19    fiscal year 2006, the Annual Percentage shall be 9.75%. For
20    fiscal year 2007, the Annual Percentage shall be 9.75%. For
21    fiscal year 2008, the Annual Percentage shall be 7.75%. For
22    fiscal year 2009, the Annual Percentage shall be 9.75%. For
23    fiscal year 2010, the Annual Percentage shall be 9.75%. For
24    fiscal year 2011, the Annual Percentage shall be 8.75%. For
25    fiscal year 2012, the Annual Percentage shall be 8.75%. For
26    fiscal year 2013, the Annual Percentage shall be 9.75%. For

 

 

10000SB1936sam003- 74 -LRB100 08351 MLM 24827 a

1    fiscal year 2014, the Annual Percentage shall be 9.5%. For
2    fiscal year 2015, the Annual Percentage shall be 10%. For
3    all other fiscal years, the Annual Percentage shall be
4    calculated as a fraction, the numerator of which shall be
5    the amount of refunds approved for payment by the
6    Department during the preceding fiscal year as a result of
7    overpayment of tax liability under subsections (a) and
8    (b)(1), (2), and (3) of Section 201 of this Act plus the
9    amount of such refunds remaining approved but unpaid at the
10    end of the preceding fiscal year, minus the amounts
11    transferred into the Income Tax Refund Fund from the
12    Tobacco Settlement Recovery Fund, and the denominator of
13    which shall be the amounts which will be collected pursuant
14    to subsections (a) and (b)(1), (2), and (3) of Section 201
15    of this Act during the preceding fiscal year; except that
16    in State fiscal year 2002, the Annual Percentage shall in
17    no event exceed 7.6%. The Director of Revenue shall certify
18    the Annual Percentage to the Comptroller on the last
19    business day of the fiscal year immediately preceding the
20    fiscal year for which it is to be effective.
21        (2) Beginning on January 1, 1989 and thereafter, the
22    Department shall deposit a percentage of the amounts
23    collected pursuant to subsections (a) and (b)(6), (7), and
24    (8), (c) and (d) of Section 201 of this Act into a fund in
25    the State treasury known as the Income Tax Refund Fund. The
26    Department shall deposit 18% of such amounts during the

 

 

10000SB1936sam003- 75 -LRB100 08351 MLM 24827 a

1    period beginning January 1, 1989 and ending on June 30,
2    1989. Beginning with State fiscal year 1990 and for each
3    fiscal year thereafter, the percentage deposited into the
4    Income Tax Refund Fund during a fiscal year shall be the
5    Annual Percentage. For fiscal years 1999, 2000, and 2001,
6    the Annual Percentage shall be 19%. For fiscal year 2003,
7    the Annual Percentage shall be 27%. For fiscal year 2004,
8    the Annual Percentage shall be 32%. Upon the effective date
9    of this amendatory Act of the 93rd General Assembly, the
10    Annual Percentage shall be 24% for fiscal year 2005. For
11    fiscal year 2006, the Annual Percentage shall be 20%. For
12    fiscal year 2007, the Annual Percentage shall be 17.5%. For
13    fiscal year 2008, the Annual Percentage shall be 15.5%. For
14    fiscal year 2009, the Annual Percentage shall be 17.5%. For
15    fiscal year 2010, the Annual Percentage shall be 17.5%. For
16    fiscal year 2011, the Annual Percentage shall be 17.5%. For
17    fiscal year 2012, the Annual Percentage shall be 17.5%. For
18    fiscal year 2013, the Annual Percentage shall be 14%. For
19    fiscal year 2014, the Annual Percentage shall be 13.4%. For
20    fiscal year 2015, the Annual Percentage shall be 14%. For
21    all other fiscal years, the Annual Percentage shall be
22    calculated as a fraction, the numerator of which shall be
23    the amount of refunds approved for payment by the
24    Department during the preceding fiscal year as a result of
25    overpayment of tax liability under subsections (a) and
26    (b)(6), (7), and (8), (c) and (d) of Section 201 of this

 

 

10000SB1936sam003- 76 -LRB100 08351 MLM 24827 a

1    Act plus the amount of such refunds remaining approved but
2    unpaid at the end of the preceding fiscal year, and the
3    denominator of which shall be the amounts which will be
4    collected pursuant to subsections (a) and (b)(6), (7), and
5    (8), (c) and (d) of Section 201 of this Act during the
6    preceding fiscal year; except that in State fiscal year
7    2002, the Annual Percentage shall in no event exceed 23%.
8    The Director of Revenue shall certify the Annual Percentage
9    to the Comptroller on the last business day of the fiscal
10    year immediately preceding the fiscal year for which it is
11    to be effective.
12        (3) The Comptroller shall order transferred and the
13    Treasurer shall transfer from the Tobacco Settlement
14    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
15    in January, 2001, (ii) $35,000,000 in January, 2002, and
16    (iii) $35,000,000 in January, 2003.
17    (d) Expenditures from Income Tax Refund Fund.
18        (1) Beginning January 1, 1989, money in the Income Tax
19    Refund Fund shall be expended exclusively for the purpose
20    of paying refunds resulting from overpayment of tax
21    liability under Section 201 of this Act, for paying rebates
22    under Section 208.1 in the event that the amounts in the
23    Homeowners' Tax Relief Fund are insufficient for that
24    purpose, and for making transfers pursuant to this
25    subsection (d).
26        (2) The Director shall order payment of refunds

 

 

10000SB1936sam003- 77 -LRB100 08351 MLM 24827 a

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

 

 

10000SB1936sam003- 78 -LRB100 08351 MLM 24827 a

1    from the Income Tax Refund Fund during the fiscal year over
2    the amount collected pursuant to subsections (c) and (d) of
3    Section 201 of this Act deposited into the Income Tax
4    Refund Fund during the fiscal year.
5        (4.5) As soon as possible after the end of fiscal year
6    1999 and of each fiscal year thereafter, the Director shall
7    order transferred and the State Treasurer and State
8    Comptroller shall transfer from the Income Tax Refund Fund
9    to the General Revenue Fund any surplus remaining in the
10    Income Tax Refund Fund as of the end of such fiscal year;
11    excluding for fiscal years 2000, 2001, and 2002 amounts
12    attributable to transfers under item (3) of subsection (c)
13    less refunds resulting from the earned income tax credit.
14        (5) This Act shall constitute an irrevocable and
15    continuing appropriation from the Income Tax Refund Fund
16    for the purpose of paying refunds upon the order of the
17    Director in accordance with the provisions of this Section.
18    (e) Deposits into the Education Assistance Fund and the
19Income Tax Surcharge Local Government Distributive Fund.
20    On July 1, 1991, and thereafter, of the amounts collected
21pursuant to subsections (a) and (b) of Section 201 of this Act,
22minus deposits into the Income Tax Refund Fund, the Department
23shall deposit 7.3% into the Education Assistance Fund in the
24State Treasury. Beginning July 1, 1991, and continuing through
25January 31, 1993, of the amounts collected pursuant to
26subsections (a) and (b) of Section 201 of the Illinois Income

 

 

10000SB1936sam003- 79 -LRB100 08351 MLM 24827 a

1Tax Act, minus deposits into the Income Tax Refund Fund, the
2Department shall deposit 3.0% into the Income Tax Surcharge
3Local Government Distributive Fund in the State Treasury.
4Beginning February 1, 1993 and continuing through June 30,
51993, of the amounts collected pursuant to subsections (a) and
6(b) of Section 201 of the Illinois Income Tax Act, minus
7deposits into the Income Tax Refund Fund, the Department shall
8deposit 4.4% into the Income Tax Surcharge Local Government
9Distributive Fund in the State Treasury. Beginning July 1,
101993, and continuing through June 30, 1994, of the amounts
11collected under subsections (a) and (b) of Section 201 of this
12Act, minus deposits into the Income Tax Refund Fund, the
13Department shall deposit 1.475% into the Income Tax Surcharge
14Local Government Distributive Fund in the State Treasury.
15    (f) Deposits into the Fund for the Advancement of
16Education. Beginning February 1, 2015, the Department shall
17deposit the following portions of the revenue realized from the
18tax imposed upon individuals, trusts, and estates by
19subsections (a) and (b) of Section 201 of this Act during the
20preceding month, minus deposits into the Income Tax Refund
21Fund, into the Fund for the Advancement of Education:
22        (1) beginning February 1, 2015, and prior to February
23    1, 2025, 1/30; and
24        (2) beginning February 1, 2025, 1/26.
25    If the rate of tax imposed by subsection (a) and (b) of
26Section 201 is reduced pursuant to Section 201.5 of this Act,

 

 

10000SB1936sam003- 80 -LRB100 08351 MLM 24827 a

1the Department shall not make the deposits required by this
2subsection (f) on or after the effective date of the reduction.
3    (g) Deposits into the Commitment to Human Services Fund.
4Beginning February 1, 2015, the Department shall deposit the
5following portions of the revenue realized from the tax imposed
6upon individuals, trusts, and estates by subsections (a) and
7(b) of Section 201 of this Act during the preceding month,
8minus deposits into the Income Tax Refund Fund, into the
9Commitment to Human Services Fund:
10        (1) beginning February 1, 2015, and prior to February
11    1, 2025, 1/30; and
12        (2) beginning February 1, 2025, 1/26.
13    If the rate of tax imposed by subsection (a) and (b) of
14Section 201 is reduced pursuant to Section 201.5 of this Act,
15the Department shall not make the deposits required by this
16subsection (g) on or after the effective date of the reduction.
17    (h) Deposits into the Tax Compliance and Administration
18Fund. Beginning on the first day of the first calendar month to
19occur on or after August 26, 2014 (the effective date of Public
20Act 98-1098), each month the Department shall pay into the Tax
21Compliance and Administration Fund, to be used, subject to
22appropriation, to fund additional auditors and compliance
23personnel at the Department, an amount equal to 1/12 of 5% of
24the cash receipts collected during the preceding fiscal year by
25the Audit Bureau of the Department from the tax imposed by
26subsections (a), (b), (c), and (d) of Section 201 of this Act,

 

 

10000SB1936sam003- 81 -LRB100 08351 MLM 24827 a

1net of deposits into the Income Tax Refund Fund made from those
2cash receipts.
3(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
498-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff.
57-20-15.)
 
6    Section 10-95. The Property Tax Code is amended by changing
7Section 20-15 as follows:
 
8    (35 ILCS 200/20-15)
9    Sec. 20-15. Information on bill or separate statement.
10There shall be printed on each bill, or on a separate slip
11which shall be mailed with the bill:
12        (a) a statement itemizing the rate at which taxes have
13    been extended for each of the taxing districts in the
14    county in whose district the property is located, and in
15    those counties utilizing electronic data processing
16    equipment the dollar amount of tax due from the person
17    assessed allocable to each of those taxing districts,
18    including a separate statement of the dollar amount of tax
19    due which is allocable to a tax levied under the Illinois
20    Local Library Act or to any other tax levied by a
21    municipality or township for public library purposes,
22        (b) a separate statement for each of the taxing
23    districts of the dollar amount of tax due which is
24    allocable to a tax levied under the Illinois Pension Code

 

 

10000SB1936sam003- 82 -LRB100 08351 MLM 24827 a

1    or to any other tax levied by a municipality or township
2    for public pension or retirement purposes,
3        (c) the total tax rate,
4        (d) the total amount of tax due, and
5        (e) the amount by which the total tax and the tax
6    allocable to each taxing district differs from the
7    taxpayer's last prior tax bill.
8    The county treasurer shall ensure that only those taxing
9districts in which a parcel of property is located shall be
10listed on the bill for that property.
11    In all counties the statement shall also provide:
12        (1) the property index number or other suitable
13    description,
14        (2) the assessment of the property,
15        (3) the statutory amount of each homestead exemption
16    applied to the property,
17        (4) the assessed value of the property after
18    application of all homestead exemptions,
19        (5) the equalization factors imposed by the county and
20    by the Department, and
21        (6) the equalized assessment resulting from the
22    application of the equalization factors to the basic
23    assessment.
24    In all counties which do not classify property for purposes
25of taxation, for property on which a single family residence is
26situated the statement shall also include a statement to

 

 

10000SB1936sam003- 83 -LRB100 08351 MLM 24827 a

1reflect the fair cash value determined for the property. In all
2counties which classify property for purposes of taxation in
3accordance with Section 4 of Article IX of the Illinois
4Constitution, for parcels of residential property in the lowest
5assessment classification the statement shall also include a
6statement to reflect the fair cash value determined for the
7property.
8    In all counties, the statement must include information
9that certain taxpayers may be eligible for tax exemptions,
10abatements, and other assistance programs and that, for more
11information, taxpayers should consult with the office of their
12township or county assessor and with the Illinois Department of
13Revenue.
14    In all counties, the statement shall include information
15that certain taxpayers may be eligible for the Senior Citizens
16and Persons with Disabilities Property Tax Relief Act and that
17applications are available from the Illinois Department on
18Aging.
19    In counties which use the estimated or accelerated billing
20methods, these statements shall only be provided with the final
21installment of taxes due. The provisions of this Section create
22a mandatory statutory duty. They are not merely directory or
23discretionary. The failure or neglect of the collector to mail
24the bill, or the failure of the taxpayer to receive the bill,
25shall not affect the validity of any tax, or the liability for
26the payment of any tax.

 

 

10000SB1936sam003- 84 -LRB100 08351 MLM 24827 a

1(Source: P.A. 98-93, eff. 7-16-13; 99-143, eff. 7-27-15.)
 
2    Section 10-100. The Illinois Public Safety Agency Network
3Act is amended by changing Section 5 as follows:
 
4    (50 ILCS 752/5)
5    Sec. 5. Definitions. As used in this Act, unless the
6context requires otherwise:
7    "ALECS" means the Automated Law Enforcement Communications
8System.
9    "ALERTS" means the Area-wide Law Enforcement Radio
10Terminal System.
11    "Authority" means the Illinois Criminal Justice
12Information Authority.
13    "Board" means the Board of Directors of Illinois Public
14Safety Agency Network, Inc.
15    "IPSAN" or "Partnership" means Illinois Public Safety
16Agency Network, Inc., the not-for-profit entity incorporated
17as provided in this Act.
18    "PIMS" means the Police Information Management System.
19    "Trust Fund" means the Criminal Justice Information
20Systems Trust Fund.
21(Source: P.A. 94-896, eff. 7-1-06.)
 
22    (70 ILCS 210/22.1 rep.)
23    Section 10-105. The Metropolitan Pier and Exposition

 

 

10000SB1936sam003- 85 -LRB100 08351 MLM 24827 a

1Authority Act is amended by repealing Section 22.1.
 
2    (235 ILCS 5/Art. XII rep.)
3    Section 10-110. The Liquor Control Act of 1934 is amended
4by repealing Article XII.
 
5    (310 ILCS 5/42 rep.)
6    (310 ILCS 5/43 rep.)
7    (310 ILCS 5/44 rep.)
8    Section 10-115. The State Housing Act is amended by
9repealing Sections 42, 43, and 44.
 
10    (310 ILCS 20/3b rep.)
11    Section 10-120. The Housing Development and Construction
12Act is amended by repealing Section 3b.
 
13    (310 ILCS 30/2 rep.)
14    Section 10-125. The Redevelopment Project Rehousing and
15Capital Improvements Act is amended by repealing Section 2.
 
16    (310 ILCS 55/Act rep.)
17    Section 10-130. The Home Ownership Made Easy Act is
18repealed.
 
19    (310 ILCS 65/16 rep.)
20    Section 10-135. The Illinois Affordable Housing Act is

 

 

10000SB1936sam003- 86 -LRB100 08351 MLM 24827 a

1amended by repealing Section 16.
 
2    (315 ILCS 5/Act rep.)
3    Section 10-140. The Blighted Areas Redevelopment Act of
41947 is repealed.
 
5    Section 10-145. The Blighted Vacant Areas Development Act
6of 1949 is amended by changing Section 6 as follows:
 
7    (315 ILCS 10/6)  (from Ch. 67 1/2, par. 91.6)
8    Sec. 6. Sale of land. After title to the site is vested in
9the State of Illinois, the State of Illinois, acting through
10the Governor and the Secretary of State, shall sign, seal, and
11deliver a deed conveying the site to the developer or his
12heirs, legatees, successors or assigns, in consideration of the
13offer of the developer, provided that:
14    (a) The plans of development have been approved by the
15corporate authorities of the municipality in which the site is
16located, or by the corporate authorities of the county where
17the site is located in an unincorporated area.
18    (b) (Blank). The developer has satisfied the Department
19that the completion of development will be accomplished within
20a reasonable time after title to the site has been acquired
21from the State of Illinois by depositing bond with surety to be
22approved by the Department, or making a cash deposit, in either
23case in such amount as shall be deemed adequate by the

 

 

10000SB1936sam003- 87 -LRB100 08351 MLM 24827 a

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

 

 

10000SB1936sam003- 88 -LRB100 08351 MLM 24827 a

1    Signature of A.B. ___________
2    Signature of C.D. ___________
3    Signature of E.F. ___________"
 
4    The bond shall be signed by the principals and sureties and
5after approval by the Department shall be filed and recorded by
6the Department.
7(Source: P.A. 91-357, eff. 7-29-99.)
 
8    (315 ILCS 10/4 rep.)
9    Section 10-150. The Blighted Vacant Areas Development Act
10of 1949 is amended by repealing Section 4.
 
11    (315 ILCS 25/Act rep.)
12    Section 10-155. The Urban Community Conservation Act is
13repealed.
 
14    (315 ILCS 30/Act rep.)
15    Section 10-160. The Urban Renewal Consolidation Act of 1961
16is repealed.
 
17    (315 ILCS 35/Act rep.)
18    Section 10-165. The Urban Flooding Awareness Act is
19repealed.
 
20    Section 10-170. The Older Adult Services Act is amended by

 

 

10000SB1936sam003- 89 -LRB100 08351 MLM 24827 a

1changing Section 35 as follows:
 
2    (320 ILCS 42/35)
3    Sec. 35. Older Adult Services Advisory Committee.
4    (a) The Older Adult Services Advisory Committee is created
5to advise the directors of Aging, Healthcare and Family
6Services, and Public Health on all matters related to this Act
7and the delivery of services to older adults in general.
8    (b) The Advisory Committee shall be comprised of the
9following:
10        (1) The Director of Aging or his or her designee, who
11    shall serve as chair and shall be an ex officio and
12    nonvoting member.
13        (2) The Director of Healthcare and Family Services and
14    the Director of Public Health or their designees, who shall
15    serve as vice-chairs and shall be ex officio and nonvoting
16    members.
17        (3) One representative each of the Governor's Office,
18    the Department of Healthcare and Family Services, the
19    Department of Public Health, the Department of Veterans'
20    Affairs, the Department of Human Services, the Department
21    of Insurance, the Department of Commerce and Economic
22    Opportunity, the Department on Aging, the Department on
23    Aging's State Long Term Care Ombudsman, the Illinois
24    Housing Finance Authority, and the Illinois Housing
25    Development Authority, each of whom shall be selected by

 

 

10000SB1936sam003- 90 -LRB100 08351 MLM 24827 a

1    his or her respective director and shall be an ex officio
2    and nonvoting member.
3        (4) Thirty members appointed by the Director of Aging
4    in collaboration with the directors of Public Health and
5    Healthcare and Family Services, and selected from the
6    recommendations of statewide associations and
7    organizations, as follows:
8            (A) One member representing the Area Agencies on
9        Aging;
10            (B) Four members representing nursing homes or
11        licensed assisted living establishments;
12            (C) One member representing home health agencies;
13            (D) One member representing case management
14        services;
15            (E) One member representing statewide senior
16        center associations;
17            (F) One member representing Community Care Program
18        homemaker services;
19            (G) One member representing Community Care Program
20        adult day services;
21            (H) One member representing nutrition project
22        directors;
23            (I) One member representing hospice programs;
24            (J) One member representing individuals with
25        Alzheimer's disease and related dementias;
26            (K) Two members representing statewide trade or

 

 

10000SB1936sam003- 91 -LRB100 08351 MLM 24827 a

1        labor unions;
2            (L) One advanced practice nurse with experience in
3        gerontological nursing;
4            (M) One physician specializing in gerontology;
5            (N) One member representing regional long-term
6        care ombudsmen;
7            (O) One member representing municipal, township,
8        or county officials;
9            (P) (Blank);
10            (Q) (Blank);
11            (R) One member representing the parish nurse
12        movement;
13            (S) One member representing pharmacists;
14            (T) Two members representing statewide
15        organizations engaging in advocacy or legal
16        representation on behalf of the senior population;
17            (U) Two family caregivers;
18            (V) Two citizen members over the age of 60;
19            (W) One citizen with knowledge in the area of
20        gerontology research or health care law;
21            (X) One representative of health care facilities
22        licensed under the Hospital Licensing Act; and
23            (Y) One representative of primary care service
24        providers.
25    The Director of Aging, in collaboration with the Directors
26of Public Health and Healthcare and Family Services, may

 

 

10000SB1936sam003- 92 -LRB100 08351 MLM 24827 a

1appoint additional citizen members to the Older Adult Services
2Advisory Committee. Each such additional member must be either
3an individual age 60 or older or an uncompensated caregiver for
4a family member or friend who is age 60 or older.
5    (c) Voting members of the Advisory Committee shall serve
6for a term of 3 years or until a replacement is named. All
7members shall be appointed no later than January 1, 2005. Of
8the initial appointees, as determined by lot, 10 members shall
9serve a term of one year; 10 shall serve for a term of 2 years;
10and 12 shall serve for a term of 3 years. Any member appointed
11to fill a vacancy occurring prior to the expiration of the term
12for which his or her predecessor was appointed shall be
13appointed for the remainder of that term. The Advisory
14Committee shall meet at least quarterly and may meet more
15frequently at the call of the Chair. A simple majority of those
16appointed shall constitute a quorum. The affirmative vote of a
17majority of those present and voting shall be necessary for
18Advisory Committee action. Members of the Advisory Committee
19shall receive no compensation for their services.
20    (d) The Advisory Committee shall have an Executive
21Committee comprised of the Chair, the Vice Chairs, and up to 15
22members of the Advisory Committee appointed by the Chair who
23have demonstrated expertise in developing, implementing, or
24coordinating the system restructuring initiatives defined in
25Section 25. The Executive Committee shall have responsibility
26to oversee and structure the operations of the Advisory

 

 

10000SB1936sam003- 93 -LRB100 08351 MLM 24827 a

1Committee and to create and appoint necessary subcommittees and
2subcommittee members.
3    (e) The Advisory Committee shall study and make
4recommendations related to the implementation of this Act,
5including but not limited to system restructuring initiatives
6as defined in Section 25 or otherwise related to this Act.
7(Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.)
 
8    (325 ILCS 25/Act rep.)
9    Section 10-175. The High Risk Youth Career Development Act
10is repealed.
 
11    (410 ILCS 48/25 rep.)
12    (410 ILCS 48/30 rep.)
13    Section 10-180. The Brominated Fire Retardant Prevention
14Act is amended by repealing Sections 25 and 30.
 
15    Section 10-185. The Environmental Protection Act is
16amended by changing Sections 21.6, 22.15, 22.23, 22.28, 22.29,
1755, and 55.6 as follows:
 
18    (415 ILCS 5/21.6)  (from Ch. 111 1/2, par. 1021.6)
19    Sec. 21.6. Materials disposal ban.
20    (a) Beginning July 1, 1996, no person may knowingly mix
21liquid used oil with any municipal waste that is intended for
22collection and disposal at a landfill.

 

 

10000SB1936sam003- 94 -LRB100 08351 MLM 24827 a

1    (b) Beginning July 1, 1996, no owner or operator of a
2sanitary landfill shall accept for final disposal liquid used
3oil that is discernible in the course of prudent business
4operation.
5    (c) For purposes of this Section, "liquid used oil" does
6not include used oil filters, rags, absorbent material used to
7collect spilled oil or other materials incidentally
8contaminated with used oil, or empty containers which
9previously contained virgin oil, re-refined oil, or used oil.
10    (d) (Blank). The Agency and the Department of Commerce and
11Economic Opportunity shall investigate the manner in which
12liquid used oil is currently being utilized and potential
13prospects for future use.
14(Source: P.A. 94-793, eff. 5-19-06.)
 
15    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
16    Sec. 22.15. Solid Waste Management Fund; fees.
17    (a) There is hereby created within the State Treasury a
18special fund to be known as the "Solid Waste Management Fund",
19to be constituted from the fees collected by the State pursuant
20to this Section and from repayments of loans made from the Fund
21for solid waste projects. Moneys received by the Department of
22Commerce and Economic Opportunity in repayment of loans made
23pursuant to the Illinois Solid Waste Management Act shall be
24deposited into the General Revenue Fund.
25    (b) The Agency shall assess and collect a fee in the amount

 

 

10000SB1936sam003- 95 -LRB100 08351 MLM 24827 a

1set forth herein from the owner or operator of each sanitary
2landfill permitted or required to be permitted by the Agency to
3dispose of solid waste if the sanitary landfill is located off
4the site where such waste was produced and if such sanitary
5landfill is owned, controlled, and operated by a person other
6than the generator of such waste. The Agency shall deposit all
7fees collected into the Solid Waste Management Fund. If a site
8is contiguous to one or more landfills owned or operated by the
9same person, the volumes permanently disposed of by each
10landfill shall be combined for purposes of determining the fee
11under this subsection.
12        (1) If more than 150,000 cubic yards of non-hazardous
13    solid waste is permanently disposed of at a site in a
14    calendar year, the owner or operator shall either pay a fee
15    of 95 cents per cubic yard or, alternatively, the owner or
16    operator may weigh the quantity of the solid waste
17    permanently disposed of with a device for which
18    certification has been obtained under the Weights and
19    Measures Act and pay a fee of $2.00 per ton of solid waste
20    permanently disposed of. In no case shall the fee collected
21    or paid by the owner or operator under this paragraph
22    exceed $1.55 per cubic yard or $3.27 per ton.
23        (2) If more than 100,000 cubic yards but not more than
24    150,000 cubic yards of non-hazardous waste is permanently
25    disposed of at a site in a calendar year, the owner or
26    operator shall pay a fee of $52,630.

 

 

10000SB1936sam003- 96 -LRB100 08351 MLM 24827 a

1        (3) If more than 50,000 cubic yards but not more than
2    100,000 cubic yards of non-hazardous solid waste is
3    permanently disposed of at a site in a calendar year, the
4    owner or operator shall pay a fee of $23,790.
5        (4) If more than 10,000 cubic yards but not more than
6    50,000 cubic yards of non-hazardous solid waste is
7    permanently disposed of at a site in a calendar year, the
8    owner or operator shall pay a fee of $7,260.
9        (5) If not more than 10,000 cubic yards of
10    non-hazardous solid waste is permanently disposed of at a
11    site in a calendar year, the owner or operator shall pay a
12    fee of $1050.
13    (c) (Blank).
14    (d) The Agency shall establish rules relating to the
15collection of the fees authorized by this Section. Such rules
16shall include, but not be limited to:
17        (1) necessary records identifying the quantities of
18    solid waste received or disposed;
19        (2) the form and submission of reports to accompany the
20    payment of fees to the Agency;
21        (3) the time and manner of payment of fees to the
22    Agency, which payments shall not be more often than
23    quarterly; and
24        (4) procedures setting forth criteria establishing
25    when an owner or operator may measure by weight or volume
26    during any given quarter or other fee payment period.

 

 

10000SB1936sam003- 97 -LRB100 08351 MLM 24827 a

1    (e) Pursuant to appropriation, all monies in the Solid
2Waste Management Fund shall be used by the Agency and the
3Department of Commerce and Economic Opportunity for the
4purposes set forth in this Section and in the Illinois Solid
5Waste Management Act, including for the costs of fee collection
6and administration.
7    (f) The Agency is authorized to enter into such agreements
8and to promulgate such rules as are necessary to carry out its
9duties under this Section and the Illinois Solid Waste
10Management Act.
11    (g) On the first day of January, April, July, and October
12of each year, beginning on July 1, 1996, the State Comptroller
13and Treasurer shall transfer $500,000 from the Solid Waste
14Management Fund to the Hazardous Waste Fund. Moneys transferred
15under this subsection (g) shall be used only for the purposes
16set forth in item (1) of subsection (d) of Section 22.2.
17    (h) The Agency is authorized to provide financial
18assistance to units of local government for the performance of
19inspecting, investigating and enforcement activities pursuant
20to Section 4(r) at nonhazardous solid waste disposal sites.
21    (i) The Agency is authorized to support the operations of
22an industrial materials exchange service, and to conduct
23household waste collection and disposal programs.
24    (j) A unit of local government, as defined in the Local
25Solid Waste Disposal Act, in which a solid waste disposal
26facility is located may establish a fee, tax, or surcharge with

 

 

10000SB1936sam003- 98 -LRB100 08351 MLM 24827 a

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

 

 

10000SB1936sam003- 99 -LRB100 08351 MLM 24827 a

1    is permanently disposed of at the site in a calendar year.
2        (4) $4,650 if more than 10,000 cubic yards, but not
3    more than 50,000 cubic yards, of non-hazardous solid waste
4    is permanently disposed of at the site in a calendar year.
5        (5) $$650 if not more than 10,000 cubic yards of
6    non-hazardous solid waste is permanently disposed of at the
7    site in a calendar year.
8    The corporate authorities of the unit of local government
9may use proceeds from the fee, tax, or surcharge to reimburse a
10highway commissioner whose road district lies wholly or
11partially within the corporate limits of the unit of local
12government for expenses incurred in the removal of
13nonhazardous, nonfluid municipal waste that has been dumped on
14public property in violation of a State law or local ordinance.
15    A county or Municipal Joint Action Agency that imposes a
16fee, tax, or surcharge under this subsection may use the
17proceeds thereof to reimburse a municipality that lies wholly
18or partially within its boundaries for expenses incurred in the
19removal of nonhazardous, nonfluid municipal waste that has been
20dumped on public property in violation of a State law or local
21ordinance.
22    If the fees are to be used to conduct a local sanitary
23landfill inspection or enforcement program, the unit of local
24government must enter into a written delegation agreement with
25the Agency pursuant to subsection (r) of Section 4. The unit of
26local government and the Agency shall enter into such a written

 

 

10000SB1936sam003- 100 -LRB100 08351 MLM 24827 a

1delegation agreement within 60 days after the establishment of
2such fees. At least annually, the Agency shall conduct an audit
3of the expenditures made by units of local government from the
4funds granted by the Agency to the units of local government
5for purposes of local sanitary landfill inspection and
6enforcement programs, to ensure that the funds have been
7expended for the prescribed purposes under the grant.
8    The fees, taxes or surcharges collected under this
9subsection (j) shall be placed by the unit of local government
10in a separate fund, and the interest received on the moneys in
11the fund shall be credited to the fund. The monies in the fund
12may be accumulated over a period of years to be expended in
13accordance with this subsection.
14    A unit of local government, as defined in the Local Solid
15Waste Disposal Act, shall prepare and distribute to the Agency,
16in April of each year, a report that details spending plans for
17monies collected in accordance with this subsection. The report
18will at a minimum include the following:
19        (1) The total monies collected pursuant to this
20    subsection.
21        (2) The most current balance of monies collected
22    pursuant to this subsection.
23        (3) An itemized accounting of all monies expended for
24    the previous year pursuant to this subsection.
25        (4) An estimation of monies to be collected for the
26    following 3 years pursuant to this subsection.

 

 

10000SB1936sam003- 101 -LRB100 08351 MLM 24827 a

1        (5) A narrative detailing the general direction and
2    scope of future expenditures for one, 2 and 3 years.
3    The exemptions granted under Sections 22.16 and 22.16a, and
4under subsection (k) of this Section, shall be applicable to
5any fee, tax or surcharge imposed under this subsection (j);
6except that the fee, tax or surcharge authorized to be imposed
7under this subsection (j) may be made applicable by a unit of
8local government to the permanent disposal of solid waste after
9December 31, 1986, under any contract lawfully executed before
10June 1, 1986 under which more than 150,000 cubic yards (or
1150,000 tons) of solid waste is to be permanently disposed of,
12even though the waste is exempt from the fee imposed by the
13State under subsection (b) of this Section pursuant to an
14exemption granted under Section 22.16.
15    (k) In accordance with the findings and purposes of the
16Illinois Solid Waste Management Act, beginning January 1, 1989
17the fee under subsection (b) and the fee, tax or surcharge
18under subsection (j) shall not apply to:
19        (1) Waste which is hazardous waste; or
20        (2) Waste which is pollution control waste; or
21        (3) Waste from recycling, reclamation or reuse
22    processes which have been approved by the Agency as being
23    designed to remove any contaminant from wastes so as to
24    render such wastes reusable, provided that the process
25    renders at least 50% of the waste reusable; or
26        (4) Non-hazardous solid waste that is received at a

 

 

10000SB1936sam003- 102 -LRB100 08351 MLM 24827 a

1    sanitary landfill and composted or recycled through a
2    process permitted by the Agency; or
3        (5) Any landfill which is permitted by the Agency to
4    receive only demolition or construction debris or
5    landscape waste.
6(Source: P.A. 97-333, eff. 8-12-11.)
 
7    (415 ILCS 5/22.23)  (from Ch. 111 1/2, par. 1022.23)
8    Sec. 22.23. Batteries.
9    (a) Beginning September 1, 1990, any person selling
10lead-acid batteries at retail or offering lead-acid batteries
11for retail sale in this State shall:
12        (1) accept for recycling used lead-acid batteries from
13    customers, at the point of transfer, in a quantity equal to
14    the number of new batteries purchased; and
15        (2) post in a conspicuous place a written notice at
16    least 8.5 by 11 inches in size that includes the universal
17    recycling symbol and the following statements: "DO NOT put
18    motor vehicle batteries in the trash."; "Recycle your used
19    batteries."; and "State law requires us to accept motor
20    vehicle batteries for recycling, in exchange for new
21    batteries purchased.".
22    (b) Any person selling lead-acid batteries at retail in
23this State may either charge a recycling fee on each new
24lead-acid battery sold for which the customer does not return a
25used battery to the retailer, or provide a recycling credit to

 

 

10000SB1936sam003- 103 -LRB100 08351 MLM 24827 a

1each customer who returns a used battery for recycling at the
2time of purchasing a new one.
3    (c) Beginning September 1, 1990, no lead-acid battery
4retailer may dispose of a used lead-acid battery except by
5delivering it (1) to a battery wholesaler or its agent, (2) to
6a battery manufacturer, (3) to a collection or recycling
7facility, or (4) to a secondary lead smelter permitted by
8either a state or federal environmental agency.
9    (d) Any person selling lead-acid batteries at wholesale or
10offering lead-acid batteries for sale at wholesale shall accept
11for recycling used lead-acid batteries from customers, at the
12point of transfer, in a quantity equal to the number of new
13batteries purchased. Such used batteries shall be disposed of
14as provided in subsection (c).
15    (e) A person who accepts used lead-acid batteries for
16recycling pursuant to subsection (a) or (d) shall not allow
17such batteries to accumulate for periods of more than 90 days.
18    (f) Beginning September 1, 1990, no person may knowingly
19cause or allow:
20        (1) the placing of a lead-acid battery into any
21    container intended for collection and disposal at a
22    municipal waste sanitary landfill; or
23        (2) the disposal of any lead-acid battery in any
24    municipal waste sanitary landfill or incinerator.
25    (g) (Blank). The Department of Commerce and Economic
26Opportunity shall identify and assist in developing

 

 

10000SB1936sam003- 104 -LRB100 08351 MLM 24827 a

1alternative processing and recycling options for used
2batteries.
3    (h) For the purpose of this Section:
4    "Lead-acid battery" means a battery containing lead and
5sulfuric acid that has a nominal voltage of at least 6 volts
6and is intended for use in motor vehicles.
7    "Motor vehicle" includes automobiles, vans, trucks,
8tractors, motorcycles and motorboats.
9    (i) (Blank.)
10    (j) Knowing violation of this Section shall be a petty
11offense punishable by a fine of $100.
12(Source: P.A. 94-793, eff. 5-19-06.)
 
13    (415 ILCS 5/22.28)  (from Ch. 111 1/2, par. 1022.28)
14    Sec. 22.28. White goods.
15    (a) No Beginning July 1, 1994, no person shall knowingly
16offer for collection or collect white goods for the purpose of
17disposal by landfilling unless the white good components have
18been removed.
19    (b) No Beginning July 1, 1994, no owner or operator of a
20landfill shall accept any white goods for final disposal,
21except that white goods may be accepted if:
22        (1) (blank); the landfill participates in the
23    Industrial Materials Exchange Service by communicating the
24    availability of white goods;
25        (2) prior to final disposal, any white good components

 

 

10000SB1936sam003- 105 -LRB100 08351 MLM 24827 a

1    have been removed from the white goods; and
2        (3) if white good components are removed from the white
3    goods at the landfill, a site operating plan satisfying
4    this Act has been approved under the landfill's site
5    operating permit and the conditions of the such operating
6    plan are met.
7    (c) For the purposes of this Section:
8        (1) "White goods" shall include all discarded
9    refrigerators, ranges, water heaters, freezers, air
10    conditioners, humidifiers and other similar domestic and
11    commercial large appliances.
12        (2) "White good components" shall include:
13            (i) any chlorofluorocarbon refrigerant gas;
14            (ii) any electrical switch containing mercury;
15            (iii) any device that contains or may contain PCBs
16        in a closed system, such as a dielectric fluid for a
17        capacitor, ballast or other component; and
18            (iv) any fluorescent lamp that contains mercury.
19    (d) The Agency is authorized to provide financial
20assistance to units of local government from the Solid Waste
21Management Fund to plan for and implement programs to collect,
22transport and manage white goods. Units of local government may
23apply jointly for financial assistance under this Section.
24    Applications for such financial assistance shall be
25submitted to the Agency and must provide a description of:
26            (A) the area to be served by the program;

 

 

10000SB1936sam003- 106 -LRB100 08351 MLM 24827 a

1            (B) the white goods intended to be included in the
2        program;
3            (C) the methods intended to be used for collecting
4        and receiving materials;
5            (D) the property, buildings, equipment and
6        personnel included in the program;
7            (E) the public education systems to be used as part
8        of the program;
9            (F) the safety and security systems that will be
10        used;
11            (G) the intended processing methods for each white
12        goods type;
13            (H) the intended destination for final material
14        handling location; and
15            (I) any staging sites used to handle collected
16        materials, the activities to be performed at such sites
17        and the procedures for assuring removal of collected
18        materials from such sites.
19    The application may be amended to reflect changes in
20operating procedures, destinations for collected materials, or
21other factors.
22    Financial assistance shall be awarded for a State fiscal
23year, and may be renewed, upon application, if the Agency
24approves the operation of the program.
25    (e) All materials collected or received under a program
26operated with financial assistance under this Section shall be

 

 

10000SB1936sam003- 107 -LRB100 08351 MLM 24827 a

1recycled whenever possible. Treatment or disposal of collected
2materials are not eligible for financial assistance unless the
3applicant shows and the Agency approves which materials may be
4treated or disposed of under various conditions.
5    Any revenue from the sale of materials collected under such
6a program shall be retained by the unit of local government and
7may be used only for the same purposes as the financial
8assistance under this Section.
9    (f) The Agency is authorized to adopt rules necessary or
10appropriate to the administration of this Section.
11    (g) (Blank).
12(Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
 
13    (415 ILCS 5/22.29)  (from Ch. 111 1/2, par. 1022.29)
14    Sec. 22.29. (a) Except as provided in subsection (c), any
15waste material generated by processing recyclable metals by
16shredding shall be managed as a special waste unless (1) a site
17operating plan has been approved by the Agency and the
18conditions of such operating plan are met; and (2) the facility
19participates in the Industrial Materials Exchange Service by
20communicating availability to process recyclable metals.
21    (b) An operating plan submitted to the Agency under this
22Section shall include the following concerning recyclable
23metals processing and components which may contaminate waste
24from shredding recyclable metals (such as lead acid batteries,
25fuel tanks, or components that contain or may contain PCB's in

 

 

10000SB1936sam003- 108 -LRB100 08351 MLM 24827 a

1a closed system such as a capacitor or ballast):
2        (1) procedures for inspecting recyclable metals when
3    received to assure that such components are identified;
4        (2) a list of equipment and removal procedures to be
5    used to assure proper removal of such components;
6        (3) procedures for safe storage of such components
7    after removal and any waste materials;
8        (4) procedures to assure that such components and waste
9    materials will only be stored for a period long enough to
10    accumulate the proper quantities for off-site
11    transportation;
12        (5) identification of how such components and waste
13    materials will be managed after removal from the site to
14    assure proper handling and disposal;
15        (6) procedures for sampling and analyzing waste
16    intended for disposal or off-site handling as a waste;
17        (7) a demonstration, including analytical reports,
18    that any waste generated is not a hazardous waste and will
19    not pose a present or potential threat to human health or
20    the environment.
21    (c) Any waste generated as a result of processing
22recyclable metals by shredding which is determined to be
23hazardous waste shall be managed as a hazardous waste.
24    (d) The Agency is authorized to adopt rules necessary or
25appropriate to the administration of this Section.
26(Source: P.A. 87-806; 87-895.)
 

 

 

10000SB1936sam003- 109 -LRB100 08351 MLM 24827 a

1    (415 ILCS 5/55)  (from Ch. 111 1/2, par. 1055)
2    Sec. 55. Prohibited activities.
3    (a) No person shall:
4        (1) Cause or allow the open dumping of any used or
5    waste tire.
6        (2) Cause or allow the open burning of any used or
7    waste tire.
8        (3) Except at a tire storage site which contains more
9    than 50 used tires, cause or allow the storage of any used
10    tire unless the tire is altered, reprocessed, converted,
11    covered, or otherwise prevented from accumulating water.
12        (4) Cause or allow the operation of a tire storage site
13    except in compliance with Board regulations.
14        (5) Abandon, dump or dispose of any used or waste tire
15    on private or public property, except in a sanitary
16    landfill approved by the Agency pursuant to regulations
17    adopted by the Board.
18        (6) Fail to submit required reports, tire removal
19    agreements, or Board regulations.
20    (b) (Blank.)
21    (b-1) No Beginning January 1, 1995, no person shall
22knowingly mix any used or waste tire, either whole or cut, with
23municipal waste, and no owner or operator of a sanitary
24landfill shall accept any used or waste tire for final
25disposal; except that used or waste tires, when separated from

 

 

10000SB1936sam003- 110 -LRB100 08351 MLM 24827 a

1other waste, may be accepted if: (1) the sanitary landfill
2provides and maintains a means for shredding, slitting, or
3chopping whole tires and so treats whole tires and, if approved
4by the Agency in a permit issued under this Act, uses the used
5or waste tires for alternative uses, which may include on-site
6practices such as lining of roadways with tire scraps,
7alternative daily cover, or use in a leachate collection system
8or (2) the sanitary landfill, by its notification to the
9Illinois Industrial Materials Exchange Service, makes
10available the used or waste tire to an appropriate facility for
11reuse, reprocessing, or converting, including use as an
12alternate energy fuel. If, within 30 days after notification to
13the Illinois Industrial Materials Exchange Service of the
14availability of waste tires, no specific request for the used
15or waste tires is received by the sanitary landfill, and the
16sanitary landfill determines it has no alternative use for
17those used or waste tires, the sanitary landfill may dispose of
18slit, chopped, or shredded used or waste tires in the sanitary
19landfill. In the event the physical condition of a used or
20waste tire makes shredding, slitting, chopping, reuse,
21reprocessing, or other alternative use of the used or waste
22tire impractical or infeasible, then the sanitary landfill,
23after authorization by the Agency, may accept the used or waste
24tire for disposal.
25    Sanitary landfills and facilities for reuse, reprocessing,
26or converting, including use as alternative fuel, shall (i)

 

 

10000SB1936sam003- 111 -LRB100 08351 MLM 24827 a

1notify the Illinois Industrial Materials Exchange Service of
2the availability of and demand for used or waste tires and (ii)
3consult with the Department of Commerce and Economic
4Opportunity regarding the status of marketing of waste tires to
5facilities for reuse.
6    (c) Any person who sells new or used tires at retail or
7operates a tire storage site or a tire disposal site which
8contains more than 50 used or waste tires shall give notice of
9such activity to the Agency. Any person engaging in such
10activity for the first time after January 1, 1990, shall give
11notice to the Agency within 30 days after the date of
12commencement of the activity. The form of such notice shall be
13specified by the Agency and shall be limited to information
14regarding the following:
15        (1) the name and address of the owner and operator;
16        (2) the name, address and location of the operation;
17        (3) the type of operations involving used and waste
18    tires (storage, disposal, conversion or processing); and
19        (4) the number of used and waste tires present at the
20    location.
21    (d) Beginning January 1, 1992, no person shall cause or
22allow the operation of:
23        (1) a tire storage site which contains more than 50
24    used tires, unless the owner or operator, by January 1,
25    1992 (or the January 1 following commencement of operation,
26    whichever is later) and January 1 of each year thereafter,

 

 

10000SB1936sam003- 112 -LRB100 08351 MLM 24827 a

1    (i) registers the site with the Agency, except that the
2    registration requirement in this item (i) does not apply in
3    the case of a tire storage site required to be permitted
4    under subsection (d-5), (ii) certifies to the Agency that
5    the site complies with any applicable standards adopted by
6    the Board pursuant to Section 55.2, (iii) reports to the
7    Agency the number of tires accumulated, the status of
8    vector controls, and the actions taken to handle and
9    process the tires, and (iv) pays the fee required under
10    subsection (b) of Section 55.6; or
11        (2) a tire disposal site, unless the owner or operator
12    (i) has received approval from the Agency after filing a
13    tire removal agreement pursuant to Section 55.4, or (ii)
14    has entered into a written agreement to participate in a
15    consensual removal action under Section 55.3.
16    The Agency shall provide written forms for the annual
17registration and certification required under this subsection
18(d).
19    (d-4) On or before January 1, 2015, the owner or operator
20of each tire storage site that contains used tires totaling
21more than 10,000 passenger tire equivalents, or at which more
22than 500 tons of used tires are processed in a calendar year,
23shall submit documentation demonstrating its compliance with
24Board rules adopted under this Title. This documentation must
25be submitted on forms and in a format prescribed by the Agency.
26    (d-5) Beginning July 1, 2016, no person shall cause or

 

 

10000SB1936sam003- 113 -LRB100 08351 MLM 24827 a

1allow the operation of a tire storage site that contains used
2tires totaling more than 10,000 passenger tire equivalents, or
3at which more than 500 tons of used tires are processed in a
4calendar year, without a permit granted by the Agency or in
5violation of any conditions imposed by that permit, including
6periodic reports and full access to adequate records and the
7inspection of facilities, as may be necessary to ensure
8compliance with this Act and with regulations and standards
9adopted under this Act.
10    (d-6) No person shall cause or allow the operation of a
11tire storage site in violation of the financial assurance rules
12established by the Board under subsection (b) of Section 55.2
13of this Act. In addition to the remedies otherwise provided
14under this Act, the State's Attorney of the county in which the
15violation occurred, or the Attorney General, may, at the
16request of the Agency or on his or her own motion, institute a
17civil action for an immediate injunction, prohibitory or
18mandatory, to restrain any violation of this subsection (d-6)
19or to require any other action as may be necessary to abate or
20mitigate any immediate danger or threat to public health or the
21environment at the site. Injunctions to restrain a violation of
22this subsection (d-6) may include, but are not limited to, the
23required removal of all tires for which financial assurance is
24not maintained and a prohibition against the acceptance of
25tires in excess of the amount for which financial assurance is
26maintained.

 

 

10000SB1936sam003- 114 -LRB100 08351 MLM 24827 a

1    (e) No person shall cause or allow the storage, disposal,
2treatment or processing of any used or waste tire in violation
3of any regulation or standard adopted by the Board.
4    (f) No person shall arrange for the transportation of used
5or waste tires away from the site of generation with a person
6known to openly dump such tires.
7    (g) No person shall engage in any operation as a used or
8waste tire transporter except in compliance with Board
9regulations.
10    (h) No person shall cause or allow the combustion of any
11used or waste tire in an enclosed device unless a permit has
12been issued by the Agency authorizing such combustion pursuant
13to regulations adopted by the Board for the control of air
14pollution and consistent with the provisions of Section 9.4 of
15this Act.
16    (i) No person shall cause or allow the use of pesticides to
17treat tires except as prescribed by Board regulations.
18    (j) No person shall fail to comply with the terms of a tire
19removal agreement approved by the Agency pursuant to Section
2055.4.
21    (k) No person shall:
22        (1) Cause or allow water to accumulate in used or waste
23    tires. The prohibition set forth in this paragraph (1) of
24    subsection (k) shall not apply to used or waste tires
25    located at a residential household, as long as not more
26    than 12 used or waste tires are located at the site.

 

 

10000SB1936sam003- 115 -LRB100 08351 MLM 24827 a

1        (2) Fail to collect a fee required under Section 55.8
2    of this Title.
3        (3) Fail to file a return required under Section 55.10
4    of this Title.
5        (4) Transport used or waste tires in violation of the
6    registration and vehicle placarding requirements adopted
7    by the Board.
8(Source: P.A. 98-656, eff. 6-19-14.)
 
9    (415 ILCS 5/55.6)  (from Ch. 111 1/2, par. 1055.6)
10    Sec. 55.6. Used Tire Management Fund.
11    (a) There is hereby created in the State Treasury a special
12fund to be known as the Used Tire Management Fund. There shall
13be deposited into the Fund all monies received as (1) recovered
14costs or proceeds from the sale of used tires under Section
1555.3 of this Act, (2) repayment of loans from the Used Tire
16Management Fund, or (3) penalties or punitive damages for
17violations of this Title, except as provided by subdivision
18(b)(4) or (b)(4-5) of Section 42.
19    (b) Beginning January 1, 1992, in addition to any other
20fees required by law, the owner or operator of each site
21required to be registered or permitted under subsection (d) or
22(d-5) of Section 55 shall pay to the Agency an annual fee of
23$100. Fees collected under this subsection shall be deposited
24into the Environmental Protection Permit and Inspection Fund.
25    (c) Pursuant to appropriation, monies up to an amount of $2

 

 

10000SB1936sam003- 116 -LRB100 08351 MLM 24827 a

1million per fiscal year from the Used Tire Management Fund
2shall be allocated as follows:
3        (1) 38% shall be available to the Agency for the
4    following purposes, provided that priority shall be given
5    to item (i):
6            (i) To undertake preventive, corrective or removal
7        action as authorized by and in accordance with Section
8        55.3, and to recover costs in accordance with Section
9        55.3.
10            (ii) For the performance of inspection and
11        enforcement activities for used and waste tire sites.
12            (iii) (Blank). To assist with marketing of used
13        tires by augmenting the operations of an industrial
14        materials exchange service.
15            (iv) To provide financial assistance to units of
16        local government for the performance of inspecting,
17        investigating and enforcement activities pursuant to
18        subsection (r) of Section 4 at used and waste tire
19        sites.
20            (v) To provide financial assistance for used and
21        waste tire collection projects sponsored by local
22        government or not-for-profit corporations.
23            (vi) For the costs of fee collection and
24        administration relating to used and waste tires, and to
25        accomplish such other purposes as are authorized by
26        this Act and regulations thereunder.

 

 

10000SB1936sam003- 117 -LRB100 08351 MLM 24827 a

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

 

 

10000SB1936sam003- 118 -LRB100 08351 MLM 24827 a

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            (B) To develop educational material for use by
9        officials and the public to better understand and
10        respond to the problems posed by used tires and
11        associated insects.
12            (C) (Blank).
13            (D) To perform such research as the Director deems
14        appropriate to help meet the purposes of this Act.
15            (E) To pay the costs of administration of its
16        activities authorized under this Act.
17        (2.1) For the fiscal year beginning July 1, 2004 and
18    for all fiscal years thereafter, 23% shall be deposited
19    into the General Revenue Fund.
20        (3) 25% shall be available to the Illinois Department
21    of Public Health for the following purposes:
22            (A) To investigate threats or potential threats to
23        the public health related to mosquitoes and other
24        vectors of disease associated with the improper
25        storage, handling and disposal of tires, improper
26        waste disposal, or natural conditions.

 

 

10000SB1936sam003- 119 -LRB100 08351 MLM 24827 a

1            (B) To conduct surveillance and monitoring
2        activities for mosquitoes and other arthropod vectors
3        of disease, and surveillance of animals which provide a
4        reservoir for disease-producing organisms.
5            (C) To conduct training activities to promote
6        vector control programs and integrated pest management
7        as defined in the Vector Control Act.
8            (D) To respond to inquiries, investigate
9        complaints, conduct evaluations and provide technical
10        consultation to help reduce or eliminate public health
11        hazards and nuisance conditions associated with
12        mosquitoes and other vectors.
13            (E) To provide financial assistance to units of
14        local government for training, investigation and
15        response to public nuisances associated with
16        mosquitoes and other vectors of disease.
17        (4) 2% shall be available to the Department of
18    Agriculture for its activities under the Illinois
19    Pesticide Act relating to used and waste tires.
20        (5) 2% shall be available to the Pollution Control
21    Board for administration of its activities relating to used
22    and waste tires.
23        (6) 10% shall be available to the Department of Natural
24    Resources for the Illinois Natural History Survey to
25    perform research to study the biology, distribution,
26    population ecology, and biosystematics of tire-breeding

 

 

10000SB1936sam003- 120 -LRB100 08351 MLM 24827 a

1    arthropods, especially mosquitoes, and the diseases they
2    spread.
3    (d) By January 1, 1998, and biennially thereafter, each
4State agency receiving an appropriation from the Used Tire
5Management Fund shall report to the Governor and the General
6Assembly on its activities relating to the Fund.
7    (e) Any monies appropriated from the Used Tire Management
8Fund, but not obligated, shall revert to the Fund.
9    (f) In administering the provisions of subdivisions (1),
10(2) and (3) of subsection (c) of this Section, the Agency, the
11Department of Commerce and Economic Opportunity, and the
12Illinois Department of Public Health shall ensure that
13appropriate funding assistance is provided to any municipality
14with a population over 1,000,000 or to any sanitary district
15which serves a population over 1,000,000.
16    (g) Pursuant to appropriation, monies in excess of $2
17million per fiscal year from the Used Tire Management Fund
18shall be used as follows:
19        (1) 55% shall be available to the Agency for the
20    following purposes, provided that priority shall be given
21    to subparagraph (A):
22            (A) To undertake preventive, corrective or renewed
23        action as authorized by and in accordance with Section
24        55.3 and to recover costs in accordance with Section
25        55.3.
26            (B) To provide financial assistance to units of

 

 

10000SB1936sam003- 121 -LRB100 08351 MLM 24827 a

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

 

 

10000SB1936sam003- 122 -LRB100 08351 MLM 24827 a

1            (iii) applying demonstrated technologies as a
2        means of collecting, storing, processing, and
3        utilizing used and waste tires and tire derived
4        materials.
5        (3) For the fiscal year beginning July 1, 2004 and for
6    all fiscal years thereafter, 45% shall be deposited into
7    the General Revenue Fund.
8(Source: P.A. 98-656, eff. 6-19-14.)
 
9    (415 ILCS 5/17.6 rep.)
10    Section 10-190. The Environmental Protection Act is
11amended by repealing Section 17.6.
 
12    (415 ILCS 15/8 rep.)
13    (415 ILCS 15/8.5 rep.)
14    Section 10-195. The Solid Waste Planning and Recycling Act
15is amended by repealing Sections 8 and 8.5.
 
16    Section 10-200. The Illinois Solid Waste Management Act is
17amended by changing Section 6 as follows:
 
18    (415 ILCS 20/6)  (from Ch. 111 1/2, par. 7056)
19    Sec. 6. The Department of Commerce and Economic Opportunity
20shall be the lead agency for implementation of this Act and
21shall have the following powers:
22    (a) To provide technical and educational assistance for

 

 

10000SB1936sam003- 123 -LRB100 08351 MLM 24827 a

1applications of technologies and practices which will minimize
2the land disposal of non-hazardous solid waste; economic
3feasibility of implementation of solid waste management
4alternatives; analysis of markets for recyclable materials and
5energy products; application of the Geographic Information
6System to provide analysis of natural resource, land use, and
7environmental impacts; evaluation of financing and ownership
8options; and evaluation of plans prepared by units of local
9government pursuant to Section 22.15 of the Environmental
10Protection Act.
11    (b) (Blank). To provide technical assistance in siting
12pollution control facilities, defined as any waste storage
13site, sanitary landfill, waste disposal site, waste transfer
14station or waste incinerator.
15    (c) To provide loans or recycling and composting grants to
16businesses and not-for-profit and governmental organizations
17for the purposes of increasing the quantity of materials
18recycled or composted in Illinois; developing and implementing
19innovative recycling methods and technologies; developing and
20expanding markets for recyclable materials; and increasing the
21self-sufficiency of the recycling industry in Illinois. The
22Department shall work with and coordinate its activities with
23existing for-profit and not-for-profit collection and
24recycling systems to encourage orderly growth in the supply of
25and markets for recycled materials and to assist existing
26collection and recycling efforts.

 

 

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1    The Department shall develop a public education program
2concerning the importance of both composting and recycling in
3order to preserve landfill space in Illinois.
4    (d) To establish guidelines and funding criteria for the
5solicitation of projects under this Act, and to receive and
6evaluate applications for loans or grants for solid waste
7management projects based upon such guidelines and criteria.
8Funds may be loaned with or without interest.
9    (e) To support and coordinate solid waste research in
10Illinois, and to approve the annual solid waste research agenda
11prepared by the University of Illinois.
12    (f) To provide loans or grants for research, development
13and demonstration of innovative technologies and practices,
14including but not limited to pilot programs for collection and
15disposal of household wastes.
16    (g) To promulgate such rules and regulations as are
17necessary to carry out the purposes of subsections (c), (d) and
18(f) of this Section.
19    (h) To cooperate with the Environmental Protection Agency
20for the purposes specified herein.
21    The Department is authorized to accept any and all grants,
22repayments of interest and principal on loans, matching funds,
23reimbursements, appropriations, income derived from
24investments, or other things of value from the federal or state
25governments or from any institution, person, partnership,
26joint venture, corporation, public or private.

 

 

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1    The Department is authorized to use moneys available for
2that purpose, subject to appropriation, expressly for the
3purpose of implementing a loan program according to procedures
4established pursuant to this Act. Those moneys shall be used by
5the Department for the purpose of financing additional projects
6and for the Department's administrative expenses related
7thereto.
8(Source: P.A. 94-91, eff. 7-1-05.)
 
9    (415 ILCS 20/5 rep.)
10    (415 ILCS 20/7.1 rep.)
11    (415 ILCS 20/7.3 rep.)
12    (415 ILCS 20/8 rep.)
13    Section 10-205. The Illinois Solid Waste Management Act is
14amended by repealing Sections 5, 7.1, 7.3, and 8.
 
15    (415 ILCS 56/Act rep.)
16    Section 10-210. The Green Infrastructure for Clean Water
17Act is repealed.
 
18    Section 10-215. The Environmental Toxicology Act is
19amended by changing Sections 3 and 5 as follows:
 
20    (415 ILCS 75/3)  (from Ch. 111 1/2, par. 983)
21    Sec. 3. Definitions. As used in this Act, unless the
22context otherwise requires;

 

 

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1    (a) "Department" means the Illinois Department of Public
2Health;
3    (b) "Director" means the Director of the Illinois
4Department of Public Health;
5    (c) "Program" means the Environmental Toxicology program
6as established by this Act;
7    (d) "Exposure" means contact with a hazardous substance;
8    (e) "Hazardous Substance" means chemical compounds,
9elements, or combinations of chemicals which, because of
10quantity concentration, physical characteristics or
11toxicological characteristics may pose a substantial present
12or potential hazard to human health and includes, but is not
13limited to, any substance defined as a hazardous substance in
14Section 3.215 of the "Environmental Protection Act", approved
15June 29, 1970, as amended;
16    (f) "Initial Assessment" means a review and evaluation of
17site history and hazardous substances involved, potential for
18population exposure, the nature of any health related
19complaints and any known patterns in disease occurrence;
20    (g) "Comprehensive Health Study" means a detailed analysis
21which may include: a review of available environmental,
22morbidity and mortality data; environmental and biological
23sampling; detailed review of scientific literature; exposure
24analysis; population surveys; or any other scientific or
25epidemiologic methods deemed necessary to adequately evaluate
26the health status of the population at risk and any potential

 

 

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1relationship to environmental factors;
2    (h) "Superfund Site" means any hazardous waste site
3designated for cleanup on the National Priorities List as
4mandated by the Comprehensive Environmental Response,
5Compensation, and Liability Act of 1980 (P.L. 96-510), as
6amended;
7    (i) (Blank). "State Remedial Action Priority List" means a
8list compiled by the Illinois Environmental Protection Agency
9which identifies sites that appear to present significant risk
10to the public health, welfare or environment.
11(Source: P.A. 92-574, eff. 6-26-02.)
 
12    (415 ILCS 75/5)  (from Ch. 111 1/2, par. 985)
13    Sec. 5. (a) Upon request by the Illinois Environmental
14Protection Agency, the Department shall conduct an initial
15assessment for any location designated as a Superfund Site or
16on the State Remedial Action Priority List. Such assessment
17shall be initiated within 60 days of the request.
18    (b) (Blank). For sites designated as Superfund Sites or
19sites on the State Remedial Action Priority List on the
20effective date of this Act, the Department and the Illinois
21Environmental Protection Agency shall jointly determine which
22sites warrant initial assessment. If warranted, initial
23assessment shall be initiated by January 1, 1986.
24    (c) If, as a result of the initial assessment, the
25Department determines that a public health problem related to

 

 

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1exposure to hazardous substances may exist in a community
2located near a designated site, the Department shall conduct a
3comprehensive health study to assess the full relationship, if
4any, between such threat or potential threat and possible
5exposure to hazardous substances at the designated site.
6(Source: P.A. 84-987.)
 
7    (415 ILCS 80/3 rep.)
8    (415 ILCS 80/4 rep.)
9    Section 10-220. The Degradable Plastic Act is amended by
10repealing Sections 3 and 4.
 
11    (415 ILCS 110/Act rep.)
12    Section 10-225. The Recycled Newsprint Use Act is repealed.
 
13    (415 ILCS 120/25 rep.)
14    Section 10-230. The Alternate Fuels Act is amended by
15repealing Section 25.
 
16    Section 10-235. The Interstate Ozone Transport Oversight
17Act is amended by changing Section 20 as follows:
 
18    (415 ILCS 130/20)
19    Sec. 20. Legislative referral and public hearings.
20    (a) Not later than 10 days after the development of any
21proposed memorandum of understanding by the Ozone Transport

 

 

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1Assessment Group potentially requiring the State of Illinois to
2undertake emission reductions in addition to those specified by
3the Clean Air Act Amendments of 1990, or subsequent to the
4issuance of a request made by the United States Environmental
5Protection Agency on or after June 1, 1997 for submission of a
6State Implementation Plan for Illinois relating to ozone
7attainment and before submission of the Plan, the Director
8shall submit the proposed memorandum of understanding or State
9Implementation Plan to the House Committee and the Senate
10Committee for their consideration. At that time, the Director
11shall also submit information detailing any alternate
12strategies.
13    (b) (Blank). To assist the legislative review required by
14this Act, the Department of Commerce and Economic Opportunity
15shall conduct a joint study of the impacts on the State's
16economy which may result from implementation of the emission
17reduction strategies contained within any proposed memorandum
18of understanding or State Implementation Plan relating to ozone
19and from implementation of any alternate strategies. The study
20shall include, but not be limited to, the impacts on economic
21development, employment, utility costs and rates, personal
22income, and industrial competitiveness which may result from
23implementation of the emission reduction strategies contained
24within any proposed memorandum of agreement or State
25Implementation Plan relating to ozone and from implementation
26of any alternate strategies. The study shall be submitted to

 

 

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1the House Committee and Senate Committee not less than 10 days
2prior to any scheduled hearing conducted pursuant to subsection
3(c) of this Section.
4    (c) Upon receipt of the information required by subsections
5(a) and (b) of this Section, the House Committee and Senate
6Committee shall each convene one or more public hearings to
7receive comments from agencies of government and other
8interested parties on the memorandum of understanding's or
9State Implementation Plan's prospective economic and
10environmental impacts, including its impacts on energy use,
11economic development, utility costs and rates, and
12competitiveness. Additionally, comments shall be received on
13the prospective economic and environmental impacts, including
14impacts on energy use, economic development, utility costs and
15rates, and competitiveness, which may result from
16implementation of any alternate strategies.
17(Source: P.A. 97-916, eff. 8-9-12.)
 
18    (505 ILCS 84/Act rep.)
19    Section 10-240. The Illinois Food, Farms, and Jobs Act is
20repealed.
 
21
ARTICLE 99. EXEMPTIONS; SEVERABILITY; EFFECTIVE DATE

 
22    Section 99-90. The State Mandates Act is amended by adding
23Section 8.41 as follows:
 

 

 

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1    (30 ILCS 805/8.41 new)
2    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
3of this Act, no reimbursement by the State is required for the
4implementation of any mandate created by this amendatory Act of
5the 100th General Assembly.
 
6    Section 99-97. Severability. The provisions of this Act are
7severable under Section 1.31 of the Statute on Statutes.
 
8    Section 99-99. Effective date. This Act takes effect upon
9becoming law.".