Bill Amendment: IL SB1936 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REPEAL FUNDS-PROJECTS-BOARDS
Status: 2018-07-20 - Public Act . . . . . . . . . 100-0621 [SB1936 Detail]
Download: Illinois-2017-SB1936-Senate_Amendment_001.html
Bill Title: REPEAL FUNDS-PROJECTS-BOARDS
Status: 2018-07-20 - Public Act . . . . . . . . . 100-0621 [SB1936 Detail]
Download: Illinois-2017-SB1936-Senate_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1936
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1936 by replacing | ||||||
3 | everything 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 | ||||||
7 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
8 | amended by repealing Section 605-523.
| ||||||
9 | (20 ILCS 3930/9 rep.)
| ||||||
10 | Section 5-10. The Illinois Criminal Justice Information | ||||||
11 | Act is amended by repealing Section 9.
| ||||||
12 | (20 ILCS 3988/35 rep.)
| ||||||
13 | Section 5-15. The Local Legacy Act is amended by repealing | ||||||
14 | Section 35.
|
| |||||||
| |||||||
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 105/5.493 rep.)
| ||||||
6 | (30 ILCS 105/5.512 rep.)
| ||||||
7 | (30 ILCS 105/5.541 rep.)
| ||||||
8 | (30 ILCS 105/5.556 rep.)
| ||||||
9 | (30 ILCS 105/5.591 rep.)
| ||||||
10 | (30 ILCS 105/5.595 rep.)
| ||||||
11 | (30 ILCS 105/5.625 rep.)
| ||||||
12 | (30 ILCS 105/5.626 rep.) | ||||||
13 | (30 ILCS 105/5.627 rep.) | ||||||
14 | (30 ILCS 105/5.628 rep.)
| ||||||
15 | (30 ILCS 105/5.649 rep.)
| ||||||
16 | (30 ILCS 105/5.661 rep.)
| ||||||
17 | (30 ILCS 105/5.779 rep.) | ||||||
18 | (30 ILCS 105/5.813 rep.) | ||||||
19 | (30 ILCS 105/5.818 rep.)
| ||||||
20 | (30 ILCS 105/6a-5 rep.)
| ||||||
21 | (30 ILCS 105/6z-55 rep.)
| ||||||
22 | (30 ILCS 105/6z-83 rep.) | ||||||
23 | (30 ILCS 105/6z-93 rep.) | ||||||
24 | Section 5-20. The State Finance Act is amended by repealing | ||||||
25 | Sections 5.102, 5.172, 5.325, 5.423, 5.493, 5.512, 5.541, |
| |||||||
| |||||||
1 | 5.556, 5.591, 5.595, 5.625, 5.626, 5.627, 5.628, 5.649, 5.661, | ||||||
2 | 5.779, 5.813, 5.818, 6a-5, 6z-55, 6z-83, and 6z-93.
| ||||||
3 | (30 ILCS 780/5-50 rep.) | ||||||
4 | (30 ILCS 780/5-55 rep.) | ||||||
5 | Section 5-25. The Eliminate the Digital Divide Law is | ||||||
6 | amended by repealing Sections 5-50 and 5-55.
| ||||||
7 | (35 ILCS 5/208.1 rep.)
| ||||||
8 | (35 ILCS 5/507XX rep.) | ||||||
9 | Section 5-30. The Illinois Income Tax Act is amended by | ||||||
10 | repealing Sections 208.1 and 507XX.
| ||||||
11 | Section 5-35. The Economic Development for a Growing | ||||||
12 | Economy Tax Credit Act is amended by changing Section 5-80 as | ||||||
13 | follows:
| ||||||
14 | (35 ILCS 10/5-80)
| ||||||
15 | Sec. 5-80. Adoption of rules. The Department may adopt | ||||||
16 | rules
necessary to implement this Act. The rules may
provide | ||||||
17 | for recipients of Credits under this Act to be charged
fees to | ||||||
18 | cover administrative costs of the tax credit program. Fees
| ||||||
19 | collected shall be deposited into the General Revenue Economic | ||||||
20 | Development for a Growing
Economy Fund.
| ||||||
21 | (Source: P.A. 91-476, eff. 8-11-99.)
|
| |||||||
| |||||||
1 | (35 ILCS 10/5-85 rep.)
| ||||||
2 | Section 5-40. The Economic Development for a Growing | ||||||
3 | Economy Tax Credit Act is amended by repealing Section 5-85.
| ||||||
4 | (110 ILCS 805/2-16.03 rep.) | ||||||
5 | Section 5-45. The Public Community College Act is amended | ||||||
6 | by repealing Section 2-16.03.
| ||||||
7 | Section 5-50. The Higher Education Student Assistance Act | ||||||
8 | is amended by changing Section 35 as follows:
| ||||||
9 | (110 ILCS 947/35)
| ||||||
10 | Sec. 35. Monetary award program.
| ||||||
11 | (a) The Commission shall, each year, receive and consider | ||||||
12 | applications
for grant assistance under this Section. Subject | ||||||
13 | to a separate
appropriation for such purposes, an applicant is | ||||||
14 | eligible for a grant under
this Section when the Commission | ||||||
15 | finds that the applicant:
| ||||||
16 | (1) is a resident of this State and a citizen or | ||||||
17 | permanent resident
of the United States; and
| ||||||
18 | (2) in the absence of grant assistance, will be | ||||||
19 | deterred by
financial considerations from completing an | ||||||
20 | educational program at the
qualified institution of his or | ||||||
21 | her choice.
| ||||||
22 | (b) The Commission shall award renewals only upon the | ||||||
23 | student's application
and upon the Commission's finding that |
| |||||||
| |||||||
1 | the applicant:
| ||||||
2 | (1) has remained a student in good standing;
| ||||||
3 | (2) remains a resident of this State; and
| ||||||
4 | (3) is in a financial situation that continues to | ||||||
5 | warrant assistance.
| ||||||
6 | (c) All grants shall be applicable only to tuition and | ||||||
7 | necessary fee costs. The Commission shall determine the grant
| ||||||
8 | amount for each student, which shall not exceed the smallest of
| ||||||
9 | the following amounts:
| ||||||
10 | (1) subject to appropriation, $5,468 for fiscal year | ||||||
11 | 2009, $5,968 for fiscal year 2010, and $6,468 for fiscal | ||||||
12 | year 2011 and each fiscal year thereafter, or such lesser | ||||||
13 | amount as
the Commission finds to be available, during an | ||||||
14 | academic year;
| ||||||
15 | (2) the amount which equals 2 semesters or 3 quarters | ||||||
16 | tuition
and other necessary fees required generally by the | ||||||
17 | institution of all
full-time undergraduate students; or
| ||||||
18 | (3) such amount as the Commission finds to be | ||||||
19 | appropriate in view of
the applicant's financial | ||||||
20 | resources.
| ||||||
21 | Subject to appropriation, the maximum grant amount for | ||||||
22 | students not subject to subdivision (1) of this subsection (c) | ||||||
23 | must be increased by the same percentage as any increase made | ||||||
24 | by law to the maximum grant amount under subdivision (1) of | ||||||
25 | this subsection (c). | ||||||
26 | "Tuition and other necessary fees" as used in this Section |
| |||||||
| |||||||
1 | include the
customary charge for instruction and use of | ||||||
2 | facilities in general, and the
additional fixed fees charged | ||||||
3 | for specified purposes, which are required
generally of | ||||||
4 | nongrant recipients for each academic period for which the | ||||||
5 | grant
applicant actually enrolls, but do not include fees | ||||||
6 | payable only once or
breakage fees and other contingent | ||||||
7 | deposits which are refundable in whole or in
part. The | ||||||
8 | Commission may prescribe, by rule not inconsistent with this
| ||||||
9 | Section, detailed provisions concerning the computation of | ||||||
10 | tuition and other
necessary fees.
| ||||||
11 | (d) No applicant, including those presently receiving | ||||||
12 | scholarship
assistance under this Act, is eligible for monetary | ||||||
13 | award program
consideration under this Act after receiving a | ||||||
14 | baccalaureate degree or
the equivalent of 135 semester credit | ||||||
15 | hours of award payments.
| ||||||
16 | (e) The Commission, in determining the number of grants to | ||||||
17 | be offered,
shall take into consideration past experience with | ||||||
18 | the rate of grant funds
unclaimed by recipients. The Commission | ||||||
19 | shall notify applicants that grant
assistance is contingent | ||||||
20 | upon the availability of appropriated funds.
| ||||||
21 | (e-5) The General Assembly finds and declares that it is an | ||||||
22 | important purpose of the Monetary Award Program to facilitate | ||||||
23 | access to college both for students who pursue postsecondary | ||||||
24 | education immediately following high school and for those who | ||||||
25 | pursue postsecondary education later in life, particularly | ||||||
26 | Illinoisans who are dislocated workers with financial need and |
| |||||||
| |||||||
1 | who are seeking to improve their economic position through | ||||||
2 | education. For the 2015-2016 and 2016-2017 academic years, the | ||||||
3 | Commission shall give additional and specific consideration to | ||||||
4 | the needs of dislocated workers with the intent of allowing | ||||||
5 | applicants who are dislocated workers an opportunity to secure | ||||||
6 | financial assistance even if applying later than the general | ||||||
7 | pool of applicants. The Commission's consideration shall | ||||||
8 | include, in determining the number of grants to be offered, an | ||||||
9 | estimate of the resources needed to serve dislocated workers | ||||||
10 | who apply after the Commission initially suspends award | ||||||
11 | announcements for the upcoming regular academic year, but prior | ||||||
12 | to the beginning of that academic year. For the purposes of | ||||||
13 | this subsection (e-5), a dislocated worker is defined as in the | ||||||
14 | federal Workforce Investment Act of 1998. | ||||||
15 | (f) (Blank). The Commission may request appropriations for | ||||||
16 | deposit into the
Monetary Award Program Reserve Fund. Monies | ||||||
17 | deposited into the Monetary Award
Program Reserve Fund may be | ||||||
18 | expended exclusively for one purpose: to make
Monetary Award | ||||||
19 | Program grants to eligible students. Amounts on deposit in the
| ||||||
20 | Monetary Award Program Reserve Fund may not exceed 2% of the | ||||||
21 | current annual
State appropriation for the Monetary Award | ||||||
22 | Program.
| ||||||
23 | The purpose of the Monetary Award Program Reserve Fund is | ||||||
24 | to enable the
Commission each year to assure as many students | ||||||
25 | as possible of their
eligibility for a Monetary Award Program | ||||||
26 | grant and to do so before commencement
of the academic year. |
| |||||||
| |||||||
1 | Moneys deposited in this Reserve Fund are intended to
enhance | ||||||
2 | the Commission's management of the Monetary Award Program, | ||||||
3 | minimizing
the necessity, magnitude, and frequency of | ||||||
4 | adjusting award amounts and ensuring
that the annual Monetary | ||||||
5 | Award Program appropriation can be fully utilized.
| ||||||
6 | (g) The Commission shall determine the eligibility of and | ||||||
7 | make grants to
applicants enrolled at qualified for-profit | ||||||
8 | institutions in accordance with the
criteria set forth in this | ||||||
9 | Section. The eligibility of applicants enrolled at
such | ||||||
10 | for-profit institutions shall be limited as follows:
| ||||||
11 | (1) Beginning with the academic year 1997, only to | ||||||
12 | eligible first-time
freshmen and
first-time transfer | ||||||
13 | students who have attained an associate degree.
| ||||||
14 | (2) Beginning with the academic year 1998, only to | ||||||
15 | eligible freshmen
students,
transfer students who have | ||||||
16 | attained an associate degree, and students who
receive a | ||||||
17 | grant under paragraph (1) for the academic year 1997 and | ||||||
18 | whose grants
are being renewed for the academic year 1998.
| ||||||
19 | (3) Beginning with the academic year 1999, to all | ||||||
20 | eligible students.
| ||||||
21 | (Source: P.A. 98-967, eff. 8-15-14.)
| ||||||
22 | Section 5-55. The Alzheimer's Disease Assistance Act is | ||||||
23 | amended by changing Section 7 as follows:
| ||||||
24 | (410 ILCS 405/7) (from Ch. 111 1/2, par. 6957)
|
| |||||||
| |||||||
1 | Sec. 7. Regional ADA center funding. Pursuant to
| ||||||
2 | appropriations enacted by the General Assembly, the Department | ||||||
3 | shall
provide funds to hospitals affiliated with each
Regional | ||||||
4 | ADA Center for
necessary research and
for the development and | ||||||
5 | maintenance of services for individuals with Alzheimer's
| ||||||
6 | disease and related disorders and their families. For the | ||||||
7 | fiscal year
beginning July 1, 2003, and each year thereafter, | ||||||
8 | the Department shall effect
payments under this Section to | ||||||
9 | hospitals affiliated with each Regional ADA
Center through the | ||||||
10 | Department of Healthcare and Family Services (formerly
| ||||||
11 | Illinois Department of Public Aid) under the Excellence in | ||||||
12 | Alzheimer's Disease Center Treatment Act . The Department of | ||||||
13 | Healthcare and Family Services shall annually report to the | ||||||
14 | Advisory Committee established under this Act regarding the | ||||||
15 | funding of centers under this Act. The Department shall
include | ||||||
16 | the annual expenditures for this purpose in the plan required | ||||||
17 | by
Section 5 of this Act.
| ||||||
18 | (Source: P.A. 97-768, eff. 1-1-13.)
| ||||||
19 | (410 ILCS 407/Act rep.) | ||||||
20 | Section 5-60. The Excellence in Alzheimer's Disease Center | ||||||
21 | Treatment Act is repealed.
| ||||||
22 | Section 5-65. The Food and Agriculture Research Act is | ||||||
23 | amended by changing Section 25 as follows:
|
| |||||||
| |||||||
1 | (505 ILCS 82/25)
| ||||||
2 | Sec. 25. Administrative oversight. | ||||||
3 | (a) The Department of Agriculture shall
provide general | ||||||
4 | administrative oversight with the assistance and advice of
duly | ||||||
5 | elected Board of Directors of the Illinois Council on Food and
| ||||||
6 | Agricultural Research. Food and agricultural research | ||||||
7 | administrators at each
of the
universities shall administer the | ||||||
8 | specifics of the funded research programs. Annually the | ||||||
9 | Illinois Council on Food and Agricultural Research
| ||||||
10 | administrators shall prepare a combined proposed budget for the | ||||||
11 | research that the Director
of Agriculture shall submit to the | ||||||
12 | Governor for inclusion in the Executive
budget and | ||||||
13 | consideration by the General Assembly. The budget shall specify
| ||||||
14 | major categories of proposed expenditures, including salary, | ||||||
15 | wages, and fringe
benefits; operation and maintenance; | ||||||
16 | supplies and expenses; and capital
improvements.
| ||||||
17 | (b) (Blank). The Department, with the assistance of the | ||||||
18 | Illinois Council on Food and Agricultural Research, may seek | ||||||
19 | additional grants and donations for research. Additional funds | ||||||
20 | shall be used in conjunction with appropriated funds for | ||||||
21 | research. All additional grants and donations for research | ||||||
22 | shall be deposited into the Food and Agricultural Research | ||||||
23 | Fund, a special fund created in the State treasury, and used as | ||||||
24 | provided in this Act. | ||||||
25 | (Source: P.A. 97-879, eff. 8-2-12.)
|
| |||||||
| |||||||
1 | (710 ILCS 45/Act rep.)
| ||||||
2 | Section 5-70. The Sorry Works! Pilot Program Act is | ||||||
3 | repealed.
| ||||||
4 | (815 ILCS 402/Act rep.)
| ||||||
5 | Section 5-75. The Restricted Call Registry Act is repealed.
| ||||||
6 | ARTICLE 10. MANDATE RELIEF | ||||||
7 | Section 10-5. The State Employment Records Act is amended | ||||||
8 | by changing Section 10 as follows:
| ||||||
9 | (5 ILCS 410/10)
| ||||||
10 | Sec. 10. Definitions. As used in this Act:
| ||||||
11 | (a) "Agency work force" means those persons employed by a | ||||||
12 | State agency
who are part of the State work force.
| ||||||
13 | (b) "Contractual services employee" means a person | ||||||
14 | employed by the
State, or a State supported institution of | ||||||
15 | higher education, under a
written contract and paid by a State | ||||||
16 | system CO-2 voucher (or its
administrative equivalent) whose | ||||||
17 | daily duties and responsibilities are
directly or indirectly | ||||||
18 | supervised or managed by a person paid by a payroll
warrant (or | ||||||
19 | its administrative equivalent) funded by State funds or pass
| ||||||
20 | through funds.
| ||||||
21 | (c) "Agency" or "State agency" means those entities | ||||||
22 | included in the
definition of "State agencies" in the Illinois |
| |||||||
| |||||||
1 | State Auditing Act , with the exception of State universities .
| ||||||
2 | (d) "Minority" means a person who is any of the following:
| ||||||
3 | (1) American Indian or Alaska Native (a person having | ||||||
4 | origins in any of the original peoples of North and South | ||||||
5 | America, including Central America, and who maintains | ||||||
6 | tribal affiliation or community attachment). | ||||||
7 | (2) Asian (a person having origins in any of the | ||||||
8 | original peoples of the Far East, Southeast Asia, or the | ||||||
9 | Indian subcontinent, including, but not limited to, | ||||||
10 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
11 | the Philippine Islands, Thailand, and Vietnam). | ||||||
12 | (3) Black or African American (a person having origins | ||||||
13 | in any of the black racial groups of Africa). Terms such as | ||||||
14 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
15 | African American". | ||||||
16 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
17 | Puerto Rican, South or Central American, or other Spanish | ||||||
18 | culture or origin, regardless of race). | ||||||
19 | (5) Native Hawaiian or Other Pacific Islander (a person | ||||||
20 | having origins in any of the original peoples of Hawaii, | ||||||
21 | Guam, Samoa, or other Pacific Islands).
| ||||||
22 | (e) "Professional employee" means a person employed to | ||||||
23 | perform
employment duties requiring academic training, | ||||||
24 | evidenced by a graduate or
advanced degree from an accredited | ||||||
25 | institution of higher education, and
who, in the performance of | ||||||
26 | those employment duties, may only engage in active
practice of |
| |||||||
| |||||||
1 | the academic training received when licensed or certified by
| ||||||
2 | the State of Illinois.
| ||||||
3 | (f) "State employee" means any person employed within the | ||||||
4 | State work force.
| ||||||
5 | (g) "State work force" means all persons employed by the | ||||||
6 | State of
Illinois as evidenced by:
| ||||||
7 | (1) the total number of all payroll warrants (or their | ||||||
8 | administrative
equivalent) issued by the Comptroller to | ||||||
9 | pay:
| ||||||
10 | (i) persons subject to the Personnel Code; and
| ||||||
11 | (ii) for the sole purpose of providing accurate | ||||||
12 | statistical
information, all persons exempt from the | ||||||
13 | Personnel Code; and
| ||||||
14 | (2) (blank); the total number of payroll warrants (or | ||||||
15 | their administrative
equivalent) funded by State | ||||||
16 | appropriation which are issued by educational
institutions | ||||||
17 | governed by the Board of Trustees of the University of
| ||||||
18 | Illinois, the Board of Trustees of Southern Illinois | ||||||
19 | University, the Board
of Governors of State Colleges and | ||||||
20 | Universities, and the Board of Regents; and
| ||||||
21 | (3) the total number of contractual payroll system CO-2 | ||||||
22 | vouchers (or
their administrative equivalent) funded by | ||||||
23 | State revenues and issued by:
| ||||||
24 | (i) the State Comptroller; and
| ||||||
25 | (ii) the issuing agents of the educational | ||||||
26 | institutions listed in
subdivision (2) of this |
| |||||||
| |||||||
1 | subsection (g).
| ||||||
2 | "State work force" does not, however, include
persons holding | ||||||
3 | elective State office.
| ||||||
4 | (Source: P.A. 97-396, eff. 1-1-12 .)
| ||||||
5 | Section 10-10. The Election Code is amended by changing | ||||||
6 | Sections 4-8, 4-25, 5-7, 5-35, 6-35, and 6-71 as follows:
| ||||||
7 | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
| ||||||
8 | Sec. 4-8. The county clerk shall provide a sufficient | ||||||
9 | number of blank
forms for the registration of electors, which | ||||||
10 | shall be known as
registration record cards and which shall | ||||||
11 | consist of loose leaf sheets
or cards, of suitable size to | ||||||
12 | contain in plain writing and figures the
data hereinafter | ||||||
13 | required thereon or shall consist of computer cards of
suitable | ||||||
14 | nature to contain the data required thereon. The registration | ||||||
15 | record
cards, which shall include an affidavit of registration | ||||||
16 | as hereinafter
provided, shall be executed in duplicate.
| ||||||
17 | The registration record card shall contain the following | ||||||
18 | and such
other information as the county clerk may think it | ||||||
19 | proper to require for
the identification of the applicant for | ||||||
20 | registration:
| ||||||
21 | Name. The name of the applicant, giving surname and first | ||||||
22 | or
Christian name in full, and the middle name or the initial | ||||||
23 | for such
middle name, if any.
| ||||||
24 | Sex.
|
| |||||||
| |||||||
1 | Residence. The name and number of the street, avenue, or | ||||||
2 | other location of
the dwelling, including the apartment, unit | ||||||
3 | or room number, if any, and in the
case of a mobile home the lot | ||||||
4 | number, and such additional clear and definite
description as | ||||||
5 | may be necessary to determine the exact location of the
| ||||||
6 | dwelling of the applicant. Where the location cannot be | ||||||
7 | determined by
street and number, then the section, | ||||||
8 | congressional township and range
number may be used, or such | ||||||
9 | other description as may be necessary,
including post-office | ||||||
10 | mailing address. In the case of a homeless individual,
the | ||||||
11 | individual's voting residence that is his or her mailing | ||||||
12 | address shall be
included on his or her registration record | ||||||
13 | card.
| ||||||
14 | Term of residence in the State of Illinois and precinct. | ||||||
15 | This
information shall be furnished by the applicant stating | ||||||
16 | the place or
places where he resided and the dates during which | ||||||
17 | he resided in such
place or places during the year next | ||||||
18 | preceding the date of the next
ensuing election.
| ||||||
19 | Nativity. The state or country in which the applicant was | ||||||
20 | born.
| ||||||
21 | Citizenship. Whether the applicant is native born or | ||||||
22 | naturalized. If
naturalized, the court, place, and date of | ||||||
23 | naturalization.
| ||||||
24 | Date of application for registration, i.e., the day, month | ||||||
25 | and year
when applicant presented himself for registration.
| ||||||
26 | Age. Date of birth, by month, day and year.
|
| |||||||
| |||||||
1 | Physical disability of the applicant, if any, at the time | ||||||
2 | of
registration, which would require assistance in voting.
| ||||||
3 | The county and state in which the applicant was last | ||||||
4 | registered.
| ||||||
5 | Electronic mail address, if any. | ||||||
6 | Signature of voter. The applicant, after the registration | ||||||
7 | and in the
presence of a deputy registrar or other officer of | ||||||
8 | registration shall be
required to sign his or her name in ink | ||||||
9 | or digitized form to the affidavit on both the
original and | ||||||
10 | duplicate registration record cards.
| ||||||
11 | Signature of deputy registrar or officer of registration.
| ||||||
12 | In case applicant is unable to sign his name, he may affix | ||||||
13 | his mark
to the affidavit. In such case the officer empowered | ||||||
14 | to give the
registration oath shall write a detailed | ||||||
15 | description of the applicant in
the space provided on the back | ||||||
16 | or at the bottom of the card or sheet;
and shall ask the | ||||||
17 | following questions and record the answers thereto:
| ||||||
18 | Father's first name.
| ||||||
19 | Mother's first name.
| ||||||
20 | From what address did the applicant last register?
| ||||||
21 | Reason for inability to sign name.
| ||||||
22 | Each applicant for registration shall make an affidavit in
| ||||||
23 | substantially the following form:
| ||||||
24 | AFFIDAVIT OF REGISTRATION
| ||||||
25 | STATE OF ILLINOIS
| ||||||
26 | COUNTY OF .......
|
| |||||||
| |||||||
1 | I hereby swear (or affirm) that I am a citizen of the | ||||||
2 | United States;
that on the date of the next election I shall | ||||||
3 | have resided in the State
of Illinois and in the election | ||||||
4 | precinct in which I reside 30 days and
that I intend that this | ||||||
5 | location shall be my residence; that
I am fully qualified to | ||||||
6 | vote, and that the above 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 | ||||||
14 | record
card for the notation of the voting record of the person | ||||||
15 | registered
thereon.
| ||||||
16 | Each registration record card shall be numbered according | ||||||
17 | to
precincts, and may be serially or otherwise marked for | ||||||
18 | identification in
such manner as the county clerk may | ||||||
19 | determine.
| ||||||
20 | The registration cards shall be deemed public records and | ||||||
21 | shall be
open to inspection during regular business hours, | ||||||
22 | except during the 27
days immediately preceding any election. | ||||||
23 | On written request of any
candidate or objector or any person | ||||||
24 | intending to object to a petition, the
election authority shall | ||||||
25 | extend its hours for inspection of registration
cards and other |
| |||||||
| |||||||
1 | records of the election authority during the period
beginning | ||||||
2 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
3 | 28-3 and continuing through the termination of electoral board | ||||||
4 | hearings on
any objections to petitions containing signatures | ||||||
5 | of registered voters in
the jurisdiction of the election | ||||||
6 | authority. The extension shall be for a
period of hours | ||||||
7 | sufficient to allow adequate opportunity for examination of
the | ||||||
8 | records but the election authority is not required to extend | ||||||
9 | its hours
beyond the period beginning at its normal opening for | ||||||
10 | business and ending
at midnight. If the business hours are so | ||||||
11 | extended, the election authority
shall post a public notice of | ||||||
12 | such extended hours. Registration record
cards may also be | ||||||
13 | inspected, upon approval of the officer in charge of the
cards, | ||||||
14 | during the 27 days immediately preceding any election.
| ||||||
15 | Registration
record cards shall also be open to inspection by | ||||||
16 | certified judges and poll
watchers and challengers at the | ||||||
17 | polling place on election day, but only to
the extent necessary | ||||||
18 | to determine the question of the right of a person to
vote or | ||||||
19 | to serve as a judge of election. At no time shall poll watchers | ||||||
20 | or
challengers be allowed to physically handle the registration | ||||||
21 | record cards.
| ||||||
22 | Updated copies of computer tapes or computer discs or other | ||||||
23 | electronic data
processing information containing voter | ||||||
24 | registration information shall
be furnished by the county clerk | ||||||
25 | within 10 days after December 15 and
May
15 each year and | ||||||
26 | within 10 days after each registration
period is closed to the |
| |||||||
| |||||||
1 | State Board of Elections in a form
prescribed by the
Board. For | ||||||
2 | the purposes of this Section, a registration period is closed | ||||||
3 | 27
days before the date of any regular or special election. | ||||||
4 | Registration
information shall include, but not be limited to, | ||||||
5 | the
following information: name, sex, residence, telephone | ||||||
6 | number, if any,
age, party affiliation, if applicable, | ||||||
7 | precinct, ward, township,
county, and representative, | ||||||
8 | legislative and
congressional districts. In the event of | ||||||
9 | noncompliance, the State
Board of Elections is directed to | ||||||
10 | obtain compliance forthwith with this
nondiscretionary duty of | ||||||
11 | the election authority by instituting legal
proceedings in the | ||||||
12 | circuit court of the county in which the election
authority | ||||||
13 | maintains the registration information. The costs of | ||||||
14 | furnishing
updated copies of tapes or discs shall be paid at a | ||||||
15 | rate of $.00034 per
name of registered voters in the election | ||||||
16 | jurisdiction, but not less than
$50 per tape or disc and shall | ||||||
17 | be paid from appropriations made to the
State Board of | ||||||
18 | Elections for reimbursement to the election authority for
such | ||||||
19 | purpose. The State Board shall furnish copies of such tapes, | ||||||
20 | discs, other
electronic data or compilations thereof to state | ||||||
21 | political committees
registered pursuant to the Illinois | ||||||
22 | Campaign Finance Act or the Federal
Election Campaign Act and | ||||||
23 | to governmental entities, at their request and at a reasonable | ||||||
24 | cost.
To protect the privacy and confidentiality of voter | ||||||
25 | registration information,
the disclosure
of electronic voter | ||||||
26 | registration records to any person or entity other than to a
|
| |||||||
| |||||||
1 | State or local political
committee and other than to a | ||||||
2 | governmental entity for a governmental
purpose is specifically | ||||||
3 | prohibited except as follows: subject to security measures | ||||||
4 | adopted by the State Board of Elections which, at a minimum, | ||||||
5 | shall include the keeping of a catalog or database, available | ||||||
6 | for public view, including the name, address, and telephone | ||||||
7 | number of the person viewing the list as well as the time of | ||||||
8 | that viewing, any person may view the centralized statewide | ||||||
9 | voter registration list on a computer screen at the Springfield | ||||||
10 | office of the State Board of Elections, during normal business | ||||||
11 | hours other than during the 27 days before an election, but the | ||||||
12 | person viewing the list under this exception may not print, | ||||||
13 | duplicate, transmit, or alter the list. Copies of
the tapes, | ||||||
14 | discs, or other electronic data shall be furnished by the | ||||||
15 | county
clerk to local political committees and governmental | ||||||
16 | entities at their request and at a
reasonable cost.
Reasonable | ||||||
17 | cost of the tapes, discs, et cetera for
this purpose would be | ||||||
18 | the cost of duplication plus 15% for
administration. The | ||||||
19 | individual representing a political committee
requesting | ||||||
20 | copies of such tapes shall make a sworn affidavit that the
| ||||||
21 | information shall be used only for bona fide political | ||||||
22 | purposes,
including by or for candidates for office or | ||||||
23 | incumbent office holders.
Such tapes, discs or other electronic | ||||||
24 | data shall not be used under any
circumstances by any political | ||||||
25 | committee or individuals for purposes of
commercial | ||||||
26 | solicitation or other business purposes. If such tapes
contain |
| |||||||
| |||||||
1 | information on county residents related to the operations of
| ||||||
2 | county government in addition to registration information, | ||||||
3 | that
information shall not be used under any circumstances for | ||||||
4 | commercial
solicitation or other business purposes. The | ||||||
5 | prohibition in this
Section against using the computer tapes or | ||||||
6 | computer discs or other
electronic data processing information | ||||||
7 | containing voter registration
information for purposes of | ||||||
8 | commercial solicitation or other business
purposes shall be | ||||||
9 | prospective only from the effective date of this
amended Act of | ||||||
10 | 1979. Any person who violates this provision shall be
guilty of | ||||||
11 | a Class 4 felony.
| ||||||
12 | The State Board of Elections shall promulgate, by October | ||||||
13 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
14 | uniformity throughout the State
in electronic data processing | ||||||
15 | of voter registration information. The
regulations shall | ||||||
16 | include, but need not be limited to, specifications for
uniform | ||||||
17 | medium, communications protocol and file structure to be | ||||||
18 | employed
by the election authorities of this State in the | ||||||
19 | electronic data processing
of voter registration information. | ||||||
20 | Each election authority utilizing
electronic data processing | ||||||
21 | of voter registration information shall comply
with such | ||||||
22 | regulations on and after May 15, 1988.
| ||||||
23 | If the applicant for registration was last registered in | ||||||
24 | another
county within this State, he shall also sign a | ||||||
25 | certificate authorizing
cancellation of the former | ||||||
26 | registration. The certificate shall be in
substantially the |
| |||||||
| |||||||
1 | following form:
| ||||||
2 | To the County Clerk of.... County, Illinois. (or)
| ||||||
3 | To the Election Commission of the City of ...., Illinois.
| ||||||
4 | This is to certify that I am registered in your (county) | ||||||
5 | (city) and
that my residence was ............................
| ||||||
6 | Having moved out of your (county) (city), I hereby authorize | ||||||
7 | you to
cancel said registration in your office.
| ||||||
8 | Dated at ...., Illinois, on (insert date).
| ||||||
9 | .................................
| ||||||
10 | (Signature of Voter)
| ||||||
11 | Attest: ................, County Clerk, .............
| ||||||
12 | County, Illinois.
| ||||||
13 | The cancellation certificate shall be mailed immediately | ||||||
14 | by the
County Clerk to the County Clerk (or election commission | ||||||
15 | as the case may
be) where the applicant was formerly | ||||||
16 | registered. Receipt of such
certificate shall be full authority | ||||||
17 | for cancellation of any previous
registration.
| ||||||
18 | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
| ||||||
19 | (10 ILCS 5/4-25) (from Ch. 46, par. 4-25)
| ||||||
20 | Sec. 4-25.
The compensation of the deputy registrars and | ||||||
21 | judges of
registration appointed by the county board to conduct | ||||||
22 | the registrations
under Section 4-6.3 and Section 4-7, shall be | ||||||
23 | fixed by the county board,
but in no case shall such | ||||||
24 | compensation be less than $15 nor more than
$25 per day for | ||||||
25 | each day actually employed at the registration, canvass
and |
| |||||||
| |||||||
1 | revision and such deputy registrars and judges of registration | ||||||
2 | shall
also be compensated at the rate of five cents per mile | ||||||
3 | for each mile
actually traveled in calling at the county | ||||||
4 | clerk's office for
registration cards and returning them to | ||||||
5 | said officer.
| ||||||
6 | The State Board of Elections shall reimburse each county | ||||||
7 | for the
amount of the increase in compensation under this | ||||||
8 | Section provided by
this amendatory Act from funds appropriated | ||||||
9 | for that purpose.
| ||||||
10 | (Source: P.A. 84-1308.)
| ||||||
11 | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
| ||||||
12 | Sec. 5-7. The county clerk shall provide a sufficient | ||||||
13 | number of
blank forms for the registration of electors which | ||||||
14 | shall be known as
registration record cards and which shall | ||||||
15 | consist of loose leaf sheets
or cards, of suitable size to | ||||||
16 | contain in plain writing and figures the
data hereinafter | ||||||
17 | required thereon or shall consist of computer cards of
suitable | ||||||
18 | nature to contain the data required thereon. The registration
| ||||||
19 | record cards, which shall include an affidavit of registration | ||||||
20 | as
hereinafter provided, shall be executed in duplicate.
| ||||||
21 | The registration record card shall contain the following | ||||||
22 | and such
other information as the county clerk may think it | ||||||
23 | proper to require for
the identification of the applicant for | ||||||
24 | registration:
| ||||||
25 | Name. The name of the applicant, giving surname and first |
| |||||||
| |||||||
1 | or
Christian name in full, and the middle name or the initial | ||||||
2 | for such
middle name, if any.
| ||||||
3 | Sex.
| ||||||
4 | Residence. The name and number of the street, avenue, or | ||||||
5 | other
location of the dwelling, including the apartment, unit | ||||||
6 | or room number,
if any, and in the case of a mobile home the lot | ||||||
7 | number, and such additional
clear and definite description as | ||||||
8 | may be necessary to determine the exact
location of the | ||||||
9 | dwelling of the applicant, including post-office mailing
| ||||||
10 | address. In the case of a homeless individual, the individual's | ||||||
11 | voting
residence that is his or her mailing address shall be | ||||||
12 | included on his or her
registration record card.
| ||||||
13 | Term of residence in the State of Illinois and the | ||||||
14 | precinct. Which
questions may be answered by the applicant | ||||||
15 | stating, in excess of 30 days
in the State and in excess of 30 | ||||||
16 | days in the precinct.
| ||||||
17 | Nativity. The State or country in which the applicant was | ||||||
18 | born.
| ||||||
19 | Citizenship. Whether the applicant is native born or | ||||||
20 | naturalized. If
naturalized, the court, place and date of | ||||||
21 | naturalization.
| ||||||
22 | Date of application for registration, i.e., the day, month | ||||||
23 | and year
when applicant presented himself for registration.
| ||||||
24 | Age. Date of birth, by month, day and year.
| ||||||
25 | Physical disability of the applicant, if any, at the time | ||||||
26 | of
registration, which would require assistance in voting.
|
| |||||||
| |||||||
1 | The county and state in which the applicant was last | ||||||
2 | registered.
| ||||||
3 | Electronic mail address, if any. | ||||||
4 | Signature of voter. The applicant, after the registration | ||||||
5 | and in the
presence of a deputy registrar or other officer of | ||||||
6 | registration shall be
required to sign his or her name in ink | ||||||
7 | or digitized form to the affidavit on the original
and | ||||||
8 | duplicate registration record card.
| ||||||
9 | Signature of Deputy Registrar.
| ||||||
10 | In case applicant is unable to sign his name, he may affix | ||||||
11 | his mark
to the affidavit. In such case the officer empowered | ||||||
12 | to give the
registration oath shall write a detailed | ||||||
13 | description of the applicant in
the space provided at the | ||||||
14 | bottom of the card or sheet; and shall ask the
following | ||||||
15 | questions and record the answers thereto:
| ||||||
16 | Father's first name .......................
| ||||||
17 | Mother's first name .......................
| ||||||
18 | From what address did you last register?
| ||||||
19 | Reason for inability to sign name.
| ||||||
20 | Each applicant for registration shall make an affidavit in
| ||||||
21 | substantially the following form:
| ||||||
22 | AFFIDAVIT OF REGISTRATION
| ||||||
23 | State of Illinois)
| ||||||
24 | )ss
| ||||||
25 | County of )
| ||||||
26 | I hereby swear (or affirm) that I am a citizen of the |
| |||||||
| |||||||
1 | United States;
that on the date of the next election I shall | ||||||
2 | have resided in the State
of Illinois and in the election | ||||||
3 | precinct in which I reside 30 days; that
I am fully qualified | ||||||
4 | to vote. That I intend that this location shall be
my residence | ||||||
5 | and that the above statements are true.
| ||||||
6 | ..............................
| ||||||
7 | (His or her signature or mark)
| ||||||
8 | Subscribed and sworn to before me on (insert date).
| ||||||
9 | .........................................
| ||||||
10 | Signature of Registration Officer.
| ||||||
11 | (To be signed in presence of Registrant.)
| ||||||
12 | Space shall be provided upon the face of each registration | ||||||
13 | record
card for the notation of the voting record of the person | ||||||
14 | registered
thereon.
| ||||||
15 | Each registration record card shall be numbered according | ||||||
16 | to towns
and precincts, wards, cities and villages, as the case | ||||||
17 | may be, and may
be serially or otherwise marked for | ||||||
18 | identification in such manner as the
county clerk may | ||||||
19 | determine.
| ||||||
20 | The registration cards shall be deemed public records and | ||||||
21 | shall be
open to inspection during regular business hours, | ||||||
22 | except during the 27
days immediately preceding any election. | ||||||
23 | On written request of any
candidate or objector or any person | ||||||
24 | intending to object to a petition, the
election authority shall | ||||||
25 | extend its hours for inspection of registration
cards and other |
| |||||||
| |||||||
1 | records of the election authority during the period
beginning | ||||||
2 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
3 | 28-3 and continuing through the termination of electoral board | ||||||
4 | hearings on
any objections to petitions containing signatures | ||||||
5 | of registered voters in
the jurisdiction of the election | ||||||
6 | authority. The extension shall be for a
period of hours | ||||||
7 | sufficient to allow adequate opportunity for examination of
the | ||||||
8 | records but the election authority is not required to extend | ||||||
9 | its hours
beyond the period beginning at its normal opening for | ||||||
10 | business and ending
at midnight. If the business hours are so | ||||||
11 | extended, the election authority
shall post a public notice of | ||||||
12 | such extended hours. Registration record cards
may also be | ||||||
13 | inspected, upon approval of the officer in charge of the cards,
| ||||||
14 | during the 27 days immediately preceding any election. | ||||||
15 | Registration
record
cards shall also be open to inspection by | ||||||
16 | certified judges and poll watchers
and challengers at the | ||||||
17 | polling place on election day, but only to the extent
necessary | ||||||
18 | to determine the question of the right of a person to vote or | ||||||
19 | to
serve as a judge of election. At no time shall poll watchers | ||||||
20 | or challengers be
allowed to physically handle the registration | ||||||
21 | record cards.
| ||||||
22 | Updated copies of computer tapes or computer discs or other | ||||||
23 | electronic data
processing information containing voter | ||||||
24 | registration information shall
be furnished by the county clerk | ||||||
25 | within 10 days after December 15 and
May
15 each year and | ||||||
26 | within 10 days after each registration
period is closed to the |
| |||||||
| |||||||
1 | State Board of Elections in a form
prescribed by the
Board. For | ||||||
2 | the purposes of this Section, a registration period is closed | ||||||
3 | 27
days before the date of any regular or special election. | ||||||
4 | Registration
information
shall include, but not be limited to, | ||||||
5 | the
following information: name, sex, residence, telephone | ||||||
6 | number, if any, age,
party affiliation, if applicable, | ||||||
7 | precinct, ward, township, county, and
representative, | ||||||
8 | legislative and congressional districts. In the event of
| ||||||
9 | noncompliance, the State Board of Elections is directed to | ||||||
10 | obtain compliance
forthwith with this nondiscretionary duty of | ||||||
11 | the election authority by
instituting legal proceedings in the | ||||||
12 | circuit court of the county in which the
election authority | ||||||
13 | maintains the registration information. The costs of
| ||||||
14 | furnishing updated copies of tapes or discs shall be paid at a | ||||||
15 | rate of $.00034
per name of registered voters in the election | ||||||
16 | jurisdiction, but not less than
$50 per tape or disc and shall | ||||||
17 | be paid from appropriations made to the State
Board of | ||||||
18 | Elections for reimbursement to the election authority for such
| ||||||
19 | purpose. The State Board shall furnish copies of such tapes, | ||||||
20 | discs, other electronic
data or compilations thereof to state | ||||||
21 | political committees registered pursuant
to the Illinois | ||||||
22 | Campaign Finance Act or the Federal Election Campaign Act and | ||||||
23 | to governmental entities, at
their request and at a reasonable | ||||||
24 | cost.
To protect the privacy and confidentiality of voter | ||||||
25 | registration information,
the disclosure
of electronic voter | ||||||
26 | registration records to any person or entity other than to a
|
| |||||||
| |||||||
1 | State or local political
committee and other than to a | ||||||
2 | governmental entity for a governmental
purpose
is specifically | ||||||
3 | prohibited except as follows: subject to security measures | ||||||
4 | adopted by the State Board of Elections which, at a minimum, | ||||||
5 | shall include the keeping of a catalog or database, available | ||||||
6 | for public view, including the name, address, and telephone | ||||||
7 | number of the person viewing the list as well as the time of | ||||||
8 | that viewing, any person may view the centralized statewide | ||||||
9 | voter registration list on a computer screen at the Springfield | ||||||
10 | office of the State Board of Elections, during normal business | ||||||
11 | hours other than during the 27 days before an election, but the | ||||||
12 | person viewing the list under this exception may not print, | ||||||
13 | duplicate, transmit, or alter the list.
Copies of the tapes, | ||||||
14 | discs or other
electronic data shall be furnished by the county | ||||||
15 | clerk to local political
committees and governmental entities | ||||||
16 | at their request and at a reasonable cost. Reasonable cost of | ||||||
17 | the
tapes, discs, et cetera for this purpose would be the cost | ||||||
18 | of duplication plus
15% for administration. The individual | ||||||
19 | representing a political committee
requesting copies of such | ||||||
20 | tapes shall make a sworn affidavit that the
information shall | ||||||
21 | be used only for bona fide political purposes,
including by or | ||||||
22 | for candidates for office or incumbent office holders.
Such | ||||||
23 | tapes, discs or other electronic data shall not be used under | ||||||
24 | any
circumstances by any political committee or individuals for | ||||||
25 | purposes of
commercial solicitation or other business | ||||||
26 | purposes. If such tapes
contain information on county residents |
| |||||||
| |||||||
1 | related to the operations of
county government in addition to | ||||||
2 | registration information, that
information shall not be used | ||||||
3 | under any circumstances for commercial
solicitation or other | ||||||
4 | business purposes. The prohibition in this
Section against | ||||||
5 | using the computer tapes or computer discs or other
electronic | ||||||
6 | data processing information containing voter registration
| ||||||
7 | information for purposes of commercial solicitation or other | ||||||
8 | business
purposes shall be prospective only from the effective | ||||||
9 | date of this
amended Act of 1979. Any person who violates this | ||||||
10 | provision shall be
guilty of a Class 4 felony.
| ||||||
11 | The State Board of Elections shall promulgate, by October | ||||||
12 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
13 | uniformity throughout the State
in electronic data processing | ||||||
14 | of voter registration information. The
regulations shall | ||||||
15 | include, but need not be limited to, specifications for
uniform | ||||||
16 | medium, communications protocol and file structure to be | ||||||
17 | employed
by the election authorities of this State in the | ||||||
18 | electronic data processing
of voter registration information. | ||||||
19 | Each election authority utilizing
electronic data processing | ||||||
20 | of voter registration information shall comply
with such | ||||||
21 | regulations on and after May 15, 1988.
| ||||||
22 | If the applicant for registration was last registered in | ||||||
23 | another
county within this State, he shall also sign a | ||||||
24 | certificate authorizing
cancellation of the former | ||||||
25 | registration. The certificate shall be in
substantially the | ||||||
26 | following form:
|
| |||||||
| |||||||
1 | To the County Clerk of .... County, Illinois. To the Election
| ||||||
2 | 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 .....
| ||||||
5 | Having moved out of your (county) (city), I hereby | ||||||
6 | authorize you to
cancel said registration in your office.
| ||||||
7 | Dated at .... Illinois, on (insert date).
| ||||||
8 | ....................
| ||||||
9 | (Signature of Voter)
| ||||||
10 | Attest ......, County Clerk, ........ County, Illinois.
| ||||||
11 | The cancellation certificate shall be mailed immediately | ||||||
12 | by the
county clerk to the county clerk (or election commission | ||||||
13 | as the case may
be) where the applicant was formerly | ||||||
14 | registered. Receipt of such
certificate shall be full authority | ||||||
15 | for cancellation of any previous
registration.
| ||||||
16 | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
| ||||||
17 | (10 ILCS 5/5-35) (from Ch. 46, par. 5-35)
| ||||||
18 | Sec. 5-35.
The officers of registration selected to conduct
| ||||||
19 | registrations under Section 5-17 shall be paid at the rate set | ||||||
20 | out below:
| ||||||
21 | Registration officers selected to conduct registration and | ||||||
22 | canvass
under Section 5-17 shall be paid at a rate of not less | ||||||
23 | than $20 per day
nor more than $30 per day, for each day | ||||||
24 | designated by the County Board
for any registration and canvass | ||||||
25 | provided by Section 5-17, but in no
case shall any such officer |
| |||||||
| |||||||
1 | selected to conduct canvass be credited for
less than two days' | ||||||
2 | service for each canvass.
| ||||||
3 | Officers of registration selected to conduct any | ||||||
4 | registration under
Section 5-17 shall be compensated at the | ||||||
5 | rate of 5 cents per mile for
each mile actually traveled in | ||||||
6 | calling at the county clerk's office for
registration cards and | ||||||
7 | returning them to said officer.
| ||||||
8 | The State Board of Elections shall reimburse each county | ||||||
9 | for the amount
of the increase in compensation under this | ||||||
10 | Section provided by this
amendatory Act from funds appropriated | ||||||
11 | for that purpose.
| ||||||
12 | (Source: P.A. 84-1308.)
| ||||||
13 | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
| ||||||
14 | Sec. 6-35. The Boards of Election Commissioners shall | ||||||
15 | provide a
sufficient number of blank forms for the registration | ||||||
16 | of electors which
shall be known as registration record cards | ||||||
17 | and which shall consist of
loose leaf sheets or cards, of | ||||||
18 | suitable size to contain in plain writing
and figures the data | ||||||
19 | hereinafter required thereon or shall consist of computer
cards | ||||||
20 | of suitable nature to contain the data required thereon. The | ||||||
21 | registration
record cards, which shall include an affidavit of | ||||||
22 | registration as
hereinafter provided, shall be executed in | ||||||
23 | duplicate. The duplicate of
which may be a carbon copy of the | ||||||
24 | original or a copy of the original
made by the use of other | ||||||
25 | method or material used for making simultaneous
true copies or |
| |||||||
| |||||||
1 | duplications.
| ||||||
2 | The registration record card shall contain the following | ||||||
3 | and such
other information as the Board of Election | ||||||
4 | Commissioners may think it
proper to require for the | ||||||
5 | identification of the applicant for
registration:
| ||||||
6 | Name. The name of the applicant, giving surname and first | ||||||
7 | or
Christian name in full, and the middle name or the initial | ||||||
8 | for such
middle name, if any.
| ||||||
9 | Sex.
| ||||||
10 | Residence. The name and number of the street, avenue, or | ||||||
11 | other
location of the dwelling, including the apartment, unit | ||||||
12 | or room number,
if any, and in the case of a mobile home the lot | ||||||
13 | number, and such additional
clear and definite description as | ||||||
14 | may be necessary to determine the exact
location of the | ||||||
15 | dwelling of the applicant, including post-office mailing
| ||||||
16 | address. In the case of a homeless individual, the individual's | ||||||
17 | voting
residence that is his or her mailing address shall be | ||||||
18 | included on his or her
registration record card.
| ||||||
19 | Term of residence in the State of Illinois and the | ||||||
20 | precinct.
| ||||||
21 | Nativity. The state or country in which the applicant was | ||||||
22 | born.
| ||||||
23 | Citizenship. Whether the applicant is native born or | ||||||
24 | naturalized. If
naturalized, the court, place, and date of | ||||||
25 | naturalization.
| ||||||
26 | Date of application for registration, i.e., the day, month |
| |||||||
| |||||||
1 | and year
when the applicant presented himself for registration.
| ||||||
2 | Age. Date of birth, by month, day and year.
| ||||||
3 | Physical disability of the applicant, if any, at the time | ||||||
4 | of
registration, which would require assistance in voting.
| ||||||
5 | The county and state in which the applicant was last | ||||||
6 | registered.
| ||||||
7 | Electronic mail address, if any. | ||||||
8 | Signature of voter. The applicant, after registration and | ||||||
9 | in the
presence of a deputy registrar or other officer of | ||||||
10 | registration shall be
required to sign his or her name in ink | ||||||
11 | or digitized form to the affidavit on both the
original and the | ||||||
12 | duplicate registration record card.
| ||||||
13 | Signature of deputy registrar.
| ||||||
14 | In case applicant is unable to sign his name, he may affix | ||||||
15 | his mark
to the affidavit. In such case the registration | ||||||
16 | officer shall write a
detailed description of the applicant in | ||||||
17 | the space provided at the
bottom of the card or sheet; and | ||||||
18 | shall ask the following questions and
record the answers | ||||||
19 | thereto:
| ||||||
20 | Father's first name .........................
| ||||||
21 | Mother's first name .........................
| ||||||
22 | From what address did you last register? ....
| ||||||
23 | Reason for inability to sign name ...........
| ||||||
24 | Each applicant for registration shall make an affidavit in
| ||||||
25 | substantially the following form:
| ||||||
26 | AFFIDAVIT OF REGISTRATION
|
| |||||||
| |||||||
1 | State of Illinois )
| ||||||
2 | )ss
| ||||||
3 | County of ....... )
| ||||||
4 | I hereby swear (or affirm) that I am a citizen of the | ||||||
5 | United States,
that on the day of the next election I shall | ||||||
6 | have resided in the State
of Illinois and in the election | ||||||
7 | precinct 30 days and that I intend that
this location is my | ||||||
8 | residence; that I am fully qualified to
vote, and that the | ||||||
9 | above statements are true.
| ||||||
10 | ..............................
| ||||||
11 | (His or her signature or mark)
| ||||||
12 | Subscribed and sworn to before me on (insert date).
| ||||||
13 | ......................................
| ||||||
14 | Signature of registration officer
| ||||||
15 | (to be signed in presence of registrant).
| ||||||
16 | Space shall be provided upon the face of each registration | ||||||
17 | record
card for the notation of the voting record of the person | ||||||
18 | registered
thereon.
| ||||||
19 | Each registration record card shall be numbered according | ||||||
20 | to wards or
precincts, as the case may be, and may be serially | ||||||
21 | or otherwise marked
for identification in such manner as the | ||||||
22 | Board of Election Commissioners
may determine.
| ||||||
23 | The registration cards shall be deemed public records and | ||||||
24 | shall be
open to inspection during regular business hours, | ||||||
25 | except during the 27
days immediately preceding any election. | ||||||
26 | On written request of any
candidate or objector or any person |
| |||||||
| |||||||
1 | intending to object to a petition, the
election authority shall | ||||||
2 | extend its hours for inspection of registration
cards and other | ||||||
3 | records of the election authority during the period
beginning | ||||||
4 | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||||||
5 | 28-3 and continuing through the termination of electoral board | ||||||
6 | hearings on
any objections to petitions containing signatures | ||||||
7 | of registered voters in
the jurisdiction of the election | ||||||
8 | authority. The extension shall be for a
period of hours | ||||||
9 | sufficient to allow adequate opportunity for examination of
the | ||||||
10 | records but the election authority is not required to extend | ||||||
11 | its hours
beyond the period beginning at its normal opening for | ||||||
12 | business and ending
at midnight. If the business hours are so | ||||||
13 | extended, the election authority
shall post a public notice of | ||||||
14 | such extended hours. Registration record cards
may also be | ||||||
15 | inspected, upon approval of the officer in charge of the cards,
| ||||||
16 | during the 27 days immediately preceding any election. | ||||||
17 | Registration
record
cards shall also be open to inspection by | ||||||
18 | certified judges and poll watchers
and challengers at the | ||||||
19 | polling place on election day, but only to the extent
necessary | ||||||
20 | to determine the question of the right of a person to vote or | ||||||
21 | to
serve as a judge of election. At no time shall poll watchers | ||||||
22 | or challengers be
allowed to physically handle the registration | ||||||
23 | record cards.
| ||||||
24 | Updated copies of computer tapes or computer discs or other | ||||||
25 | electronic data
processing information containing voter | ||||||
26 | registration information shall
be furnished by the Board of |
| |||||||
| |||||||
1 | Election Commissioners within 10 days after
December 15 and May | ||||||
2 | 15 each year and within 10
days after each registration period | ||||||
3 | is closed to the State Board
of Elections in a
form prescribed | ||||||
4 | by the State Board. For the purposes of this Section, a
| ||||||
5 | registration period is closed 27 days before the date of any | ||||||
6 | regular
or special
election. Registration information shall
| ||||||
7 | include, but not be limited to, the following information: | ||||||
8 | name, sex,
residence, telephone number, if any, age, party | ||||||
9 | affiliation, if
applicable, precinct, ward, township, county, | ||||||
10 | and representative,
legislative and congressional districts. | ||||||
11 | In the event of noncompliance,
the State Board of Elections is | ||||||
12 | directed to obtain compliance forthwith
with this | ||||||
13 | nondiscretionary duty of the election authority by instituting
| ||||||
14 | legal proceedings in the circuit court of the county in which | ||||||
15 | the election
authority maintains the registration information. | ||||||
16 | The costs of furnishing
updated copies of tapes or discs shall | ||||||
17 | be paid at a rate of $.00034
per name of registered voters in | ||||||
18 | the election jurisdiction, but not less
than $50 per tape or | ||||||
19 | disc and shall be paid from appropriations made to the
State | ||||||
20 | Board of Elections for reimbursement to the election authority | ||||||
21 | for
such purpose. The State Board shall furnish copies of such | ||||||
22 | tapes, discs,
other electronic data or compilations thereof to | ||||||
23 | state political committees
registered pursuant to the Illinois | ||||||
24 | Campaign Finance Act or the Federal
Election Campaign Act and | ||||||
25 | to governmental entities, at their request and at a reasonable | ||||||
26 | cost.
To protect the privacy and confidentiality of voter |
| |||||||
| |||||||
1 | registration information,
the disclosure
of electronic voter | ||||||
2 | registration records to any person or entity other than to a
| ||||||
3 | State or local political
committee and other than to a | ||||||
4 | governmental entity for a governmental
purpose is specifically | ||||||
5 | prohibited except as follows: subject to security measures | ||||||
6 | adopted by the State Board of Elections which, at a minimum, | ||||||
7 | shall include the keeping of a catalog or database, available | ||||||
8 | for public view, including the name, address, and telephone | ||||||
9 | number of the person viewing the list as well as the time of | ||||||
10 | that viewing, any person may view the centralized statewide | ||||||
11 | voter registration list on a computer screen at the Springfield | ||||||
12 | office of the State Board of Elections, during normal business | ||||||
13 | hours other than during the 27 days before an election, but the | ||||||
14 | person viewing the list under this exception may not print, | ||||||
15 | duplicate, transmit, or alter the list.
Copies of the
tapes, | ||||||
16 | discs or other electronic data shall be furnished by the Board | ||||||
17 | of
Election Commissioners to local political committees and | ||||||
18 | governmental entities at their request and at a
reasonable | ||||||
19 | cost. Reasonable cost of the tapes, discs, et cetera for
this | ||||||
20 | purpose would be the cost of duplication plus 15% for
| ||||||
21 | administration. The individual representing a political | ||||||
22 | committee
requesting copies of such tapes shall make a sworn | ||||||
23 | affidavit that the
information shall be used only for bona fide | ||||||
24 | political purposes,
including by or for candidates for office | ||||||
25 | or incumbent office holders.
Such tapes, discs or other | ||||||
26 | electronic data shall not be used under any
circumstances by |
| |||||||
| |||||||
1 | any political committee or individuals for purposes of
| ||||||
2 | commercial solicitation or other business purposes. If such | ||||||
3 | tapes
contain information on county residents related to the | ||||||
4 | operations of
county government in addition to registration | ||||||
5 | information, that
information shall not be used under any | ||||||
6 | circumstances for commercial
solicitation or other business | ||||||
7 | purposes. The prohibition in this
Section against using the | ||||||
8 | computer tapes or computer discs or other
electronic data | ||||||
9 | processing information containing voter registration
| ||||||
10 | information for purposes of commercial solicitation or other | ||||||
11 | business
purposes shall be prospective only from the effective | ||||||
12 | date of this
amended Act of 1979. Any person who violates this | ||||||
13 | provision shall be
guilty of a Class 4 felony.
| ||||||
14 | The State Board of Elections shall promulgate, by October | ||||||
15 | 1, 1987, such
regulations as may be necessary to ensure | ||||||
16 | uniformity throughout the State
in electronic data processing | ||||||
17 | of voter registration information. The
regulations shall | ||||||
18 | include, but need not be limited to, specifications for
uniform | ||||||
19 | medium, communications protocol and file structure to be | ||||||
20 | employed
by the election authorities of this State in the | ||||||
21 | electronic data processing
of voter registration information. | ||||||
22 | Each election authority utilizing
electronic data processing | ||||||
23 | of voter registration information shall comply
with such | ||||||
24 | regulations on and after May 15, 1988.
| ||||||
25 | If the applicant for registration was last registered in | ||||||
26 | another
county within this State, he shall also sign a |
| |||||||
| |||||||
1 | certificate authorizing
cancellation of the former | ||||||
2 | registration. The certificate shall be in
substantially the | ||||||
3 | following form:
| ||||||
4 | To the County Clerk of .... County, Illinois.
| ||||||
5 | To the Election Commission of the City of ...., Illinois.
| ||||||
6 | This is to certify that I am registered in your (county) | ||||||
7 | (city) and
that my residence was ..... Having moved out of your | ||||||
8 | (county), (city), I
hereby authorize you to cancel that | ||||||
9 | registration in your office.
| ||||||
10 | Dated at ...., Illinois, on (insert date).
| ||||||
11 | ....................
| ||||||
12 | (Signature of Voter)
| ||||||
13 | Attest ...., Clerk, Election Commission of the City of....,
| ||||||
14 | Illinois.
| ||||||
15 | The cancellation certificate shall be mailed immediately | ||||||
16 | by the clerk
of the Election Commission to the county clerk, | ||||||
17 | (or Election Commission
as the case may be) where the applicant | ||||||
18 | was formerly registered. Receipt
of such certificate shall be | ||||||
19 | full authority for cancellation of any
previous registration.
| ||||||
20 | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
| ||||||
21 | (10 ILCS 5/6-71) (from Ch. 46, par. 6-71)
| ||||||
22 | Sec. 6-71.
In the cities, villages and incorporated towns | ||||||
23 | in counties
having a population of 500,000 or more, which are | ||||||
24 | operating under this
Article, the compensation of deputy | ||||||
25 | registrars and judges of
registration provided for the first |
| |||||||
| |||||||
1 | registration under this Article and
officers of registration | ||||||
2 | appointed in conformity with Section 6-69 of
this Article for | ||||||
3 | subsequent registration shall be not less than $20 nor
more | ||||||
4 | than $30 per day. In cities, villages and incorporated towns in
| ||||||
5 | counties having a population of less than 500,000, and | ||||||
6 | operating under
this Article, the compensation of the deputy | ||||||
7 | registrars and judges of
registration provided for the first | ||||||
8 | registration under this Article, and
officers of registration | ||||||
9 | appointed in conformity with Section 6-69 of
this Article for | ||||||
10 | subsequent registrations shall be $17.50 per day. The
| ||||||
11 | compensation of such deputy registrars, judges of registration | ||||||
12 | and
officers of registration, shall be apportioned and paid in | ||||||
13 | the manner
provided by Article 14 of this Act for judges of | ||||||
14 | election.
| ||||||
15 | Each judge of registration who has performed all the duties | ||||||
16 | and
services required for the first registration under this | ||||||
17 | Article shall be
credited with 2 days' service for the 2 days | ||||||
18 | of general registration
provided for by this Article. Each | ||||||
19 | deputy registrar who has performed
all the duties and services | ||||||
20 | required for the first registration under
this Article shall be | ||||||
21 | credited with 4 days' service for the 2 days of
general | ||||||
22 | registration and the 2 days of canvass as provided for by this
| ||||||
23 | Article.
| ||||||
24 | Officers of registration authorized by Section 6-69 of this | ||||||
25 | Article
for registration subsequent to the first registration | ||||||
26 | under this Article
shall be credited with one day's service for |
| |||||||
| |||||||
1 | each registration, and,
with the approval of the circuit court, | ||||||
2 | may be credited with an
additional day for such other services | ||||||
3 | as the Board of Election
Commissioners may require of them, an | ||||||
4 | order of the circuit court in such
cases to recite such | ||||||
5 | additional services and to designate the officers
of | ||||||
6 | registration from whom such additional services are to be | ||||||
7 | received,
provided that in cities, villages and incorporated | ||||||
8 | towns in counties
having a population of 500,000 or more, which | ||||||
9 | are operating under this
Article, any such officer selected to | ||||||
10 | conduct canvass shall be credited
with not less than 2 days' | ||||||
11 | service for each canvass.
| ||||||
12 | The State Board of Elections shall reimburse each board of | ||||||
13 | election
commissioners for the amount of the increase in | ||||||
14 | compensation under this
Section provided by this amendatory Act | ||||||
15 | from funds appropriated for that
purpose.
| ||||||
16 | (Source: P.A. 81-850; 81-1149.)
| ||||||
17 | (15 ILCS 550/Act rep.)
| ||||||
18 | Section 10-15. The Public Education Affinity Credit Card | ||||||
19 | Act is repealed.
| ||||||
20 | Section 10-20. The Illinois Act on the Aging is amended by | ||||||
21 | changing Sections 4.02 and 4.14 as follows:
| ||||||
22 | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| ||||||
23 | Sec. 4.02. Community Care Program. The Department shall |
| |||||||
| |||||||
1 | establish a program of services to
prevent unnecessary | ||||||
2 | institutionalization of persons age 60 and older in
need of | ||||||
3 | long term care or who are established as persons who suffer | ||||||
4 | from
Alzheimer's disease or a related disorder under the | ||||||
5 | Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||||||
6 | remain in their own homes or in other living arrangements. Such
| ||||||
7 | preventive services, which may be coordinated with other | ||||||
8 | programs for the
aged and monitored by area agencies on aging | ||||||
9 | in cooperation with the
Department, may include, but are not | ||||||
10 | limited to, any or all of the following:
| ||||||
11 | (a) (blank);
| ||||||
12 | (b) (blank);
| ||||||
13 | (c) home care aide services;
| ||||||
14 | (d) personal assistant services;
| ||||||
15 | (e) adult day services;
| ||||||
16 | (f) home-delivered meals;
| ||||||
17 | (g) education in self-care;
| ||||||
18 | (h) personal care services;
| ||||||
19 | (i) adult day health services;
| ||||||
20 | (j) habilitation services;
| ||||||
21 | (k) respite care;
| ||||||
22 | (k-5) community reintegration services;
| ||||||
23 | (k-6) flexible senior services; | ||||||
24 | (k-7) medication management; | ||||||
25 | (k-8) emergency home response;
| ||||||
26 | (l) other nonmedical social services that may enable |
| |||||||
| |||||||
1 | the person
to become self-supporting; or
| ||||||
2 | (m) clearinghouse for information provided by senior | ||||||
3 | citizen home owners
who want to rent rooms to or share | ||||||
4 | living space with other senior citizens.
| ||||||
5 | The Department shall establish eligibility standards for | ||||||
6 | such
services. In determining the amount and nature of services
| ||||||
7 | for which a person may qualify, consideration shall not be | ||||||
8 | given to the
value of cash, property or other assets held in | ||||||
9 | the name of the person's
spouse pursuant to a written agreement | ||||||
10 | dividing marital property into equal
but separate shares or | ||||||
11 | pursuant to a transfer of the person's interest in a
home to | ||||||
12 | his spouse, provided that the spouse's share of the marital
| ||||||
13 | property is not made available to the person seeking such | ||||||
14 | services.
| ||||||
15 | Beginning January 1, 2008, the Department shall require as | ||||||
16 | a condition of eligibility that all new financially eligible | ||||||
17 | applicants apply for and enroll in medical assistance under | ||||||
18 | Article V of the Illinois Public Aid Code in accordance with | ||||||
19 | rules promulgated by the Department.
| ||||||
20 | The Department shall, in conjunction with the Department of | ||||||
21 | Public Aid (now Department of Healthcare and Family Services),
| ||||||
22 | seek appropriate amendments under Sections 1915 and 1924 of the | ||||||
23 | Social
Security Act. The purpose of the amendments shall be to | ||||||
24 | extend eligibility
for home and community based services under | ||||||
25 | Sections 1915 and 1924 of the
Social Security Act to persons | ||||||
26 | who transfer to or for the benefit of a
spouse those amounts of |
| |||||||
| |||||||
1 | income and resources allowed under Section 1924 of
the Social | ||||||
2 | Security Act. Subject to the approval of such amendments, the
| ||||||
3 | Department shall extend the provisions of Section 5-4 of the | ||||||
4 | Illinois
Public Aid Code to persons who, but for the provision | ||||||
5 | of home or
community-based services, would require the level of | ||||||
6 | care provided in an
institution, as is provided for in federal | ||||||
7 | law. Those persons no longer
found to be eligible for receiving | ||||||
8 | noninstitutional services due to changes
in the eligibility | ||||||
9 | criteria shall be given 45 days notice prior to actual
| ||||||
10 | termination. Those persons receiving notice of termination may | ||||||
11 | contact the
Department and request the determination be | ||||||
12 | appealed at any time during the
45 day notice period. The | ||||||
13 | target
population identified for the purposes of this Section | ||||||
14 | are persons age 60
and older with an identified service need. | ||||||
15 | Priority shall be given to those
who are at imminent risk of | ||||||
16 | institutionalization. The services shall be
provided to | ||||||
17 | eligible persons age 60 and older to the extent that the cost
| ||||||
18 | of the services together with the other personal maintenance
| ||||||
19 | expenses of the persons are reasonably related to the standards
| ||||||
20 | established for care in a group facility appropriate to the | ||||||
21 | person's
condition. These non-institutional services, pilot | ||||||
22 | projects or
experimental facilities may be provided as part of | ||||||
23 | or in addition to
those authorized by federal law or those | ||||||
24 | funded and administered by the
Department of Human Services. | ||||||
25 | The Departments of Human Services, Healthcare and Family | ||||||
26 | Services,
Public Health, Veterans' Affairs, and Commerce and |
| |||||||
| |||||||
1 | Economic Opportunity and
other appropriate agencies of State, | ||||||
2 | federal and local governments shall
cooperate with the | ||||||
3 | Department on Aging in the establishment and development
of the | ||||||
4 | non-institutional services. The Department shall require an | ||||||
5 | annual
audit from all personal assistant
and home care aide | ||||||
6 | vendors contracting with
the Department under this Section. The | ||||||
7 | annual audit shall assure that each
audited vendor's procedures | ||||||
8 | are in compliance with Department's financial
reporting | ||||||
9 | guidelines requiring an administrative and employee wage and | ||||||
10 | benefits cost split as defined in administrative rules. The | ||||||
11 | audit is a public record under
the Freedom of Information Act. | ||||||
12 | The Department shall execute, relative to
the nursing home | ||||||
13 | prescreening project, written inter-agency
agreements with the | ||||||
14 | Department of Human Services and the Department
of Healthcare | ||||||
15 | and Family Services, to effect the following: (1) intake | ||||||
16 | procedures and common
eligibility criteria for those persons | ||||||
17 | who are receiving non-institutional
services; and (2) the | ||||||
18 | establishment and development of non-institutional
services in | ||||||
19 | areas of the State where they are not currently available or | ||||||
20 | are
undeveloped. On and after July 1, 1996, all nursing home | ||||||
21 | prescreenings for
individuals 60 years of age or older shall be | ||||||
22 | conducted by the Department.
| ||||||
23 | As part of the Department on Aging's routine training of | ||||||
24 | case managers and case manager supervisors, the Department may | ||||||
25 | include information on family futures planning for persons who | ||||||
26 | are age 60 or older and who are caregivers of their adult |
| |||||||
| |||||||
1 | children with developmental disabilities. The content of the | ||||||
2 | training shall be at the Department's discretion. | ||||||
3 | The Department is authorized to establish a system of | ||||||
4 | recipient copayment
for services provided under this Section, | ||||||
5 | such copayment to be based upon
the recipient's ability to pay | ||||||
6 | but in no case to exceed the actual cost of
the services | ||||||
7 | provided. Additionally, any portion of a person's income which
| ||||||
8 | is equal to or less than the federal poverty standard shall not | ||||||
9 | be
considered by the Department in determining the copayment. | ||||||
10 | The level of
such copayment shall be adjusted whenever | ||||||
11 | necessary to reflect any change
in the officially designated | ||||||
12 | federal poverty standard.
| ||||||
13 | The Department, or the Department's authorized | ||||||
14 | representative, may
recover the amount of moneys expended for | ||||||
15 | services provided to or in
behalf of a person under this | ||||||
16 | Section by a claim against the person's
estate or against the | ||||||
17 | estate of the person's surviving spouse, but no
recovery may be | ||||||
18 | had until after the death of the surviving spouse, if
any, and | ||||||
19 | then only at such time when there is no surviving child who
is | ||||||
20 | under age 21 or blind or who has a permanent and total | ||||||
21 | disability. This
paragraph, however, shall not bar recovery, at | ||||||
22 | the death of the person, of
moneys for services provided to the | ||||||
23 | person or in behalf of the person under
this Section to which | ||||||
24 | the person was not entitled;
provided that such recovery shall | ||||||
25 | not be enforced against any real estate while
it is occupied as | ||||||
26 | a homestead by the surviving spouse or other dependent, if no
|
| |||||||
| |||||||
1 | claims by other creditors have been filed against the estate, | ||||||
2 | or, if such
claims have been filed, they remain dormant for | ||||||
3 | failure of prosecution or
failure of the claimant to compel | ||||||
4 | administration of the estate for the purpose
of payment. This | ||||||
5 | paragraph shall not bar recovery from the estate of a spouse,
| ||||||
6 | under Sections 1915 and 1924 of the Social Security Act and | ||||||
7 | Section 5-4 of the
Illinois Public Aid Code, who precedes a | ||||||
8 | person receiving services under this
Section in death. All | ||||||
9 | moneys for services
paid to or in behalf of the person under | ||||||
10 | this Section shall be claimed for
recovery from the deceased | ||||||
11 | spouse's estate. "Homestead", as used
in this paragraph, means | ||||||
12 | the dwelling house and
contiguous real estate occupied by a | ||||||
13 | surviving spouse
or relative, as defined by the rules and | ||||||
14 | regulations of the Department of Healthcare and Family | ||||||
15 | Services, regardless of the value of the property.
| ||||||
16 | The Department shall increase the effectiveness of the | ||||||
17 | existing Community Care Program by: | ||||||
18 | (1) ensuring that in-home services included in the care | ||||||
19 | plan are available on evenings and weekends; | ||||||
20 | (2) ensuring that care plans contain the services that | ||||||
21 | eligible participants
need based on the number of days in a | ||||||
22 | month, not limited to specific blocks of time, as | ||||||
23 | identified by the comprehensive assessment tool selected | ||||||
24 | by the Department for use statewide, not to exceed the | ||||||
25 | total monthly service cost maximum allowed for each | ||||||
26 | service; the Department shall develop administrative rules |
| |||||||
| |||||||
1 | to implement this item (2); | ||||||
2 | (3) ensuring that the participants have the right to | ||||||
3 | choose the services contained in their care plan and to | ||||||
4 | direct how those services are provided, based on | ||||||
5 | administrative rules established by the Department; | ||||||
6 | (4) ensuring that the determination of need tool is | ||||||
7 | accurate in determining the participants' level of need; to | ||||||
8 | achieve this, the Department, in conjunction with the Older | ||||||
9 | Adult Services Advisory Committee, shall institute a study | ||||||
10 | of the relationship between the Determination of Need | ||||||
11 | scores, level of need, service cost maximums, and the | ||||||
12 | development and utilization of service plans no later than | ||||||
13 | May 1, 2008; findings and recommendations shall be | ||||||
14 | presented to the Governor and the General Assembly no later | ||||||
15 | than January 1, 2009; recommendations shall include all | ||||||
16 | needed changes to the service cost maximums schedule and | ||||||
17 | additional covered services; | ||||||
18 | (5) ensuring that homemakers can provide personal care | ||||||
19 | services that may or may not involve contact with clients, | ||||||
20 | including but not limited to: | ||||||
21 | (A) bathing; | ||||||
22 | (B) grooming; | ||||||
23 | (C) toileting; | ||||||
24 | (D) nail care; | ||||||
25 | (E) transferring; | ||||||
26 | (F) respiratory services; |
| |||||||
| |||||||
1 | (G) exercise; or | ||||||
2 | (H) positioning; | ||||||
3 | (6) ensuring that homemaker program vendors are not | ||||||
4 | restricted from hiring homemakers who are family members of | ||||||
5 | clients or recommended by clients; the Department may not, | ||||||
6 | by rule or policy, require homemakers who are family | ||||||
7 | members of clients or recommended by clients to accept | ||||||
8 | assignments in homes other than the client; | ||||||
9 | (7) ensuring that the State may access maximum federal | ||||||
10 | matching funds by seeking approval for the Centers for | ||||||
11 | Medicare and Medicaid Services for modifications to the | ||||||
12 | State's home and community based services waiver and | ||||||
13 | additional waiver opportunities, including applying for | ||||||
14 | enrollment in the Balance Incentive Payment Program by May | ||||||
15 | 1, 2013, in order to maximize federal matching funds; this | ||||||
16 | shall include, but not be limited to, modification that | ||||||
17 | reflects all changes in the Community Care Program services | ||||||
18 | and all increases in the services cost maximum; | ||||||
19 | (8) ensuring that the determination of need tool | ||||||
20 | accurately reflects the service needs of individuals with | ||||||
21 | Alzheimer's disease and related dementia disorders; | ||||||
22 | (9) ensuring that services are authorized accurately | ||||||
23 | and consistently for the Community Care Program (CCP); the | ||||||
24 | Department shall implement a Service Authorization policy | ||||||
25 | directive; the purpose shall be to ensure that eligibility | ||||||
26 | and services are authorized accurately and consistently in |
| |||||||
| |||||||
1 | the CCP program; the policy directive shall clarify service | ||||||
2 | authorization guidelines to Care Coordination Units and | ||||||
3 | Community Care Program providers no later than May 1, 2013; | ||||||
4 | (10) working in conjunction with Care Coordination | ||||||
5 | Units, the Department of Healthcare and Family Services, | ||||||
6 | the Department of Human Services, Community Care Program | ||||||
7 | providers, and other stakeholders to make improvements to | ||||||
8 | the Medicaid claiming processes and the Medicaid | ||||||
9 | enrollment procedures or requirements as needed, | ||||||
10 | including, but not limited to, specific policy changes or | ||||||
11 | rules to improve the up-front enrollment of participants in | ||||||
12 | the Medicaid program and specific policy changes or rules | ||||||
13 | to insure more prompt submission of bills to the federal | ||||||
14 | government to secure maximum federal matching dollars as | ||||||
15 | promptly as possible; the Department on Aging shall have at | ||||||
16 | least 3 meetings with stakeholders by January 1, 2014 in | ||||||
17 | order to address these improvements; | ||||||
18 | (11) requiring home care service providers to comply | ||||||
19 | with the rounding of hours worked provisions under the | ||||||
20 | federal Fair Labor Standards Act (FLSA) and as set forth in | ||||||
21 | 29 CFR 785.48(b) by May 1, 2013; | ||||||
22 | (12) implementing any necessary policy changes or | ||||||
23 | promulgating any rules, no later than January 1, 2014, to | ||||||
24 | assist the Department of Healthcare and Family Services in | ||||||
25 | moving as many participants as possible, consistent with | ||||||
26 | federal regulations, into coordinated care plans if a care |
| |||||||
| |||||||
1 | coordination plan that covers long term care is available | ||||||
2 | in the recipient's area; and | ||||||
3 | (13) maintaining fiscal year 2014 rates at the same | ||||||
4 | level established on January 1, 2013. | ||||||
5 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
6 | Counseling Demonstration Project as is practicable, the | ||||||
7 | Department may, based on its evaluation of the demonstration | ||||||
8 | project, promulgate rules concerning personal assistant | ||||||
9 | services, to include, but need not be limited to, | ||||||
10 | qualifications, employment screening, rights under fair labor | ||||||
11 | standards, training, fiduciary agent, and supervision | ||||||
12 | requirements. All applicants shall be subject to the provisions | ||||||
13 | of the Health Care Worker Background Check Act.
| ||||||
14 | The Department shall develop procedures to enhance | ||||||
15 | availability of
services on evenings, weekends, and on an | ||||||
16 | emergency basis to meet the
respite needs of caregivers. | ||||||
17 | Procedures shall be developed to permit the
utilization of | ||||||
18 | services in successive blocks of 24 hours up to the monthly
| ||||||
19 | maximum established by the Department. Workers providing these | ||||||
20 | services
shall be appropriately trained.
| ||||||
21 | Beginning on the effective date of this amendatory Act of | ||||||
22 | 1991, no person
may perform chore/housekeeping and home care | ||||||
23 | aide services under a program
authorized by this Section unless | ||||||
24 | that person has been issued a certificate
of pre-service to do | ||||||
25 | so by his or her employing agency. Information
gathered to | ||||||
26 | effect such certification shall include (i) the person's name,
|
| |||||||
| |||||||
1 | (ii) the date the person was hired by his or her current | ||||||
2 | employer, and
(iii) the training, including dates and levels. | ||||||
3 | Persons engaged in the
program authorized by this Section | ||||||
4 | before the effective date of this
amendatory Act of 1991 shall | ||||||
5 | be issued a certificate of all pre- and
in-service training | ||||||
6 | from his or her employer upon submitting the necessary
| ||||||
7 | information. The employing agency shall be required to retain | ||||||
8 | records of
all staff pre- and in-service training, and shall | ||||||
9 | provide such records to
the Department upon request and upon | ||||||
10 | termination of the employer's contract
with the Department. In | ||||||
11 | addition, the employing agency is responsible for
the issuance | ||||||
12 | of certifications of in-service training completed to their
| ||||||
13 | employees.
| ||||||
14 | The Department is required to develop a system to ensure | ||||||
15 | that persons
working as home care aides and personal assistants
| ||||||
16 | receive increases in their
wages when the federal minimum wage | ||||||
17 | is increased by requiring vendors to
certify that they are | ||||||
18 | meeting the federal minimum wage statute for home care aides
| ||||||
19 | and personal assistants. An employer that cannot ensure that | ||||||
20 | the minimum
wage increase is being given to home care aides and | ||||||
21 | personal assistants
shall be denied any increase in | ||||||
22 | reimbursement costs.
| ||||||
23 | The Community Care Program Advisory Committee is created in | ||||||
24 | the Department on Aging. The Director shall appoint individuals | ||||||
25 | to serve in the Committee, who shall serve at their own | ||||||
26 | expense. Members of the Committee must abide by all applicable |
| |||||||
| |||||||
1 | ethics laws. The Committee shall advise the Department on | ||||||
2 | issues related to the Department's program of services to | ||||||
3 | prevent unnecessary institutionalization. The Committee shall | ||||||
4 | meet on a bi-monthly basis and shall serve to identify and | ||||||
5 | advise the Department on present and potential issues affecting | ||||||
6 | the service delivery network, the program's clients, and the | ||||||
7 | Department and to recommend solution strategies. Persons | ||||||
8 | appointed to the Committee shall be appointed on, but not | ||||||
9 | limited to, their own and their agency's experience with the | ||||||
10 | program, geographic representation, and willingness to serve. | ||||||
11 | The Director shall appoint members to the Committee to | ||||||
12 | represent provider, advocacy, policy research, and other | ||||||
13 | constituencies committed to the delivery of high quality home | ||||||
14 | and community-based services to older adults. Representatives | ||||||
15 | shall be appointed to ensure representation from community care | ||||||
16 | providers including, but not limited to, adult day service | ||||||
17 | providers, homemaker providers, case coordination and case | ||||||
18 | management units, emergency home response providers, statewide | ||||||
19 | trade or labor unions that represent home care
aides and direct | ||||||
20 | care staff, area agencies on aging, adults over age 60, | ||||||
21 | membership organizations representing older adults, and other | ||||||
22 | organizational entities, providers of care, or individuals | ||||||
23 | with demonstrated interest and expertise in the field of home | ||||||
24 | and community care as determined by the Director. | ||||||
25 | Nominations may be presented from any agency or State | ||||||
26 | association with interest in the program. The Director, or his |
| |||||||
| |||||||
1 | or her designee, shall serve as the permanent co-chair of the | ||||||
2 | advisory committee. One other co-chair shall be nominated and | ||||||
3 | approved by the members of the committee on an annual basis. | ||||||
4 | Committee members' terms of appointment shall be for 4 years | ||||||
5 | with one-quarter of the appointees' terms expiring each year. A | ||||||
6 | member shall continue to serve until his or her replacement is | ||||||
7 | named. The Department shall fill vacancies that have a | ||||||
8 | remaining term of over one year, and this replacement shall | ||||||
9 | occur through the annual replacement of expiring terms. The | ||||||
10 | Director shall designate Department staff to provide technical | ||||||
11 | assistance and staff support to the committee. Department | ||||||
12 | representation shall not constitute membership of the | ||||||
13 | committee. All Committee papers, issues, recommendations, | ||||||
14 | reports, and meeting memoranda are advisory only. The Director, | ||||||
15 | or his or her designee, shall make a written report, as | ||||||
16 | requested by the Committee, regarding issues before the | ||||||
17 | Committee.
| ||||||
18 | The Department on Aging and the Department of Human | ||||||
19 | Services
shall cooperate in the development and submission of | ||||||
20 | an annual report on
programs and services provided under this | ||||||
21 | Section. Such joint report
shall be filed with the Governor and | ||||||
22 | the General Assembly on or before
September 30 each year.
| ||||||
23 | The requirement for reporting to the General Assembly shall | ||||||
24 | be satisfied
by filing copies of the report with the Speaker, | ||||||
25 | the Minority Leader and
the Clerk of the House of | ||||||
26 | Representatives and the President, the Minority
Leader and the |
| |||||||
| |||||||
1 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
2 | required by Section 3.1 of the General Assembly Organization | ||||||
3 | Act and
filing such additional copies with the State Government | ||||||
4 | Report Distribution
Center for the General Assembly as is | ||||||
5 | required under paragraph (t) of
Section 7 of the State Library | ||||||
6 | Act.
| ||||||
7 | Those persons previously found eligible for receiving | ||||||
8 | non-institutional
services whose services were discontinued | ||||||
9 | under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||||||
10 | not meet the eligibility standards in effect
on or after July | ||||||
11 | 1, 1992, shall remain ineligible on and after July 1,
1992. | ||||||
12 | Those persons previously not required to cost-share and who | ||||||
13 | were
required to cost-share effective March 1, 1992, shall | ||||||
14 | continue to meet
cost-share requirements on and after July 1, | ||||||
15 | 1992. Beginning July 1, 1992,
all clients will be required to | ||||||
16 | meet
eligibility, cost-share, and other requirements and will | ||||||
17 | have services
discontinued or altered when they fail to meet | ||||||
18 | these requirements. | ||||||
19 | For the purposes of this Section, "flexible senior | ||||||
20 | services" refers to services that require one-time or periodic | ||||||
21 | expenditures including, but not limited to, respite care, home | ||||||
22 | modification, assistive technology, housing assistance, and | ||||||
23 | transportation.
| ||||||
24 | The Department shall implement an electronic service | ||||||
25 | verification based on global positioning systems or other | ||||||
26 | cost-effective technology for the Community Care Program no |
| |||||||
| |||||||
1 | later than January 1, 2014. | ||||||
2 | The Department shall require, as a condition of | ||||||
3 | eligibility, enrollment in the medical assistance program | ||||||
4 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
5 | August 1, 2013, if the Auditor General has reported that the | ||||||
6 | Department has failed
to comply with the reporting requirements | ||||||
7 | of Section 2-27 of
the Illinois State Auditing Act; or (ii) | ||||||
8 | beginning June 1, 2014, if the Auditor General has reported | ||||||
9 | that the
Department has not undertaken the required actions | ||||||
10 | listed in
the report required by subsection (a) of Section 2-27 | ||||||
11 | of the
Illinois State Auditing Act. | ||||||
12 | The Department shall delay Community Care Program services | ||||||
13 | until an applicant is determined eligible for medical | ||||||
14 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
15 | beginning August 1, 2013, if the Auditor General has reported | ||||||
16 | that the Department has failed
to comply with the reporting | ||||||
17 | requirements of Section 2-27 of
the Illinois State Auditing | ||||||
18 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
19 | reported that the
Department has not undertaken the required | ||||||
20 | actions listed in
the report required by subsection (a) of | ||||||
21 | Section 2-27 of the
Illinois State Auditing Act. | ||||||
22 | The Department shall implement co-payments for the | ||||||
23 | Community Care Program at the federally allowable maximum level | ||||||
24 | (i) beginning August 1, 2013, if the Auditor General has | ||||||
25 | reported that the Department has failed
to comply with the | ||||||
26 | reporting requirements of Section 2-27 of
the Illinois State |
| |||||||
| |||||||
1 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
2 | General has reported that the
Department has not undertaken the | ||||||
3 | required actions listed in
the report required by subsection | ||||||
4 | (a) of Section 2-27 of the
Illinois State Auditing Act. | ||||||
5 | The Department shall provide a bi-monthly report on the | ||||||
6 | progress of the Community Care Program reforms set forth in | ||||||
7 | this amendatory Act of the 98th General Assembly to the | ||||||
8 | Governor, the Speaker of the House of Representatives, the | ||||||
9 | Minority Leader of the House of Representatives, the
President | ||||||
10 | of the
Senate, and the Minority Leader of the Senate. | ||||||
11 | The Department shall conduct a quarterly review of Care | ||||||
12 | Coordination Unit performance and adherence to service | ||||||
13 | guidelines. The quarterly review shall be reported to the | ||||||
14 | Speaker of the House of Representatives, the Minority Leader of | ||||||
15 | the House of Representatives, the
President of the
Senate, and | ||||||
16 | the Minority Leader of the Senate. The Department shall collect | ||||||
17 | and report longitudinal data on the performance of each care | ||||||
18 | coordination unit. Nothing in this paragraph shall be construed | ||||||
19 | to require the Department to identify specific care | ||||||
20 | coordination units. | ||||||
21 | In regard to community care providers, failure to comply | ||||||
22 | with Department on Aging policies shall be cause for | ||||||
23 | disciplinary action, including, but not limited to, | ||||||
24 | disqualification from serving Community Care Program clients. | ||||||
25 | Each provider, upon submission of any bill or invoice to the | ||||||
26 | Department for payment for services rendered, shall include a |
| |||||||
| |||||||
1 | notarized statement, under penalty of perjury pursuant to | ||||||
2 | Section 1-109 of the Code of Civil Procedure, that the provider | ||||||
3 | has complied with all Department policies. | ||||||
4 | The Director of the Department on Aging shall make | ||||||
5 | information available to the State Board of Elections as may be | ||||||
6 | required by an agreement the State Board of Elections has | ||||||
7 | entered into with a multi-state voter registration list | ||||||
8 | maintenance system. | ||||||
9 | (Source: P.A. 98-8, eff. 5-3-13; 98-1171, eff. 6-1-15; 99-143, | ||||||
10 | eff. 7-27-15.)
| ||||||
11 | (20 ILCS 105/4.14) | ||||||
12 | Sec. 4.14. Rural Senior Citizen Program. | ||||||
13 | (a) The General Assembly finds that it is in the best | ||||||
14 | interest of the citizens of Illinois to identify and address | ||||||
15 | the special challenges and needs faced by older rural | ||||||
16 | residents. The General Assembly further finds that rural areas | ||||||
17 | are often under-served and unserved to the detriment of older | ||||||
18 | residents and their families, which may require the allocation | ||||||
19 | of additional resources. | ||||||
20 | (b) (Blank). The Department shall identify the special | ||||||
21 | needs and problems of older rural residents and evaluate the | ||||||
22 | adequacy and accessibility of existing programs and | ||||||
23 | information for older rural residents. The scope of the | ||||||
24 | Department's work shall encompass both Older American Act | ||||||
25 | services, Community Care services, and all other services |
| |||||||
| |||||||
1 | targeted in whole or in part at residents 60 years of age and | ||||||
2 | older, regardless of the setting in which the service is | ||||||
3 | provided. | ||||||
4 | (c) (Blank). The Older Rural Adults Task Force is | ||||||
5 | established to gather information and make recommendations in | ||||||
6 | collaboration with the Department on Aging and the Older Adult | ||||||
7 | Services Committee. The Task Force shall be comprised of 12 | ||||||
8 | voting members and 7 non-voting members. The President and | ||||||
9 | Minority Leader of the Illinois Senate and the Speaker and | ||||||
10 | Minority Leader of the Illinois House of Representatives shall | ||||||
11 | each appoint 2 members of the General Assembly and one citizen | ||||||
12 | member to the Task Force. Citizen members may seek | ||||||
13 | reimbursement for actual travel expenses. Representatives of | ||||||
14 | the Department on Aging and the Departments of Healthcare and | ||||||
15 | Family Services, Human Services, Public Health, and Commerce | ||||||
16 | and Economic Opportunity, the Rural Affairs Council, and the | ||||||
17 | Illinois Housing Development Authority shall serve as | ||||||
18 | non-voting members. The Department on Aging shall provide staff | ||||||
19 | support to the Task Force. | ||||||
20 | Co-chairs shall be selected by the Task Force at its first | ||||||
21 | meeting. Both shall be appointed voting members of the Task | ||||||
22 | Force. One co-chair shall be a member of the General Assembly | ||||||
23 | and one shall be a citizen member. A simple majority of those | ||||||
24 | appointed shall constitute a quorum. The Task Force may hold | ||||||
25 | regional hearings and fact finding meetings and shall submit a | ||||||
26 | report to the General Assembly no later than January 1, 2009. |
| |||||||
| |||||||
1 | The Task Force is dissolved upon submission of the report.
| ||||||
2 | (Source: P.A. 95-89, eff. 8-13-07.)
| ||||||
3 | (20 ILCS 605/605-312 rep.)
| ||||||
4 | (20 ILCS 605/605-420 rep.)
| ||||||
5 | (20 ILCS 605/605-817 rep.)
| ||||||
6 | (20 ILCS 605/605-855 rep.)
| ||||||
7 | Section 10-25. The Department of Commerce and Economic | ||||||
8 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
9 | amended by repealing Sections 605-312, 605-420, 605-817, and | ||||||
10 | 605-855.
| ||||||
11 | (20 ILCS 627/Act rep.) | ||||||
12 | Section 10-30. The Electric Vehicle Act is repealed.
| ||||||
13 | Section 10-35. The Illinois Emergency Employment | ||||||
14 | Development Act is amended by changing Section 3 as follows:
| ||||||
15 | (20 ILCS 630/3) (from Ch. 48, par. 2403)
| ||||||
16 | Sec. 3. Illinois Emergency Employment
Development | ||||||
17 | Coordinator. | ||||||
18 | (a) The governor shall appoint an Illinois Emergency | ||||||
19 | Employment
Development Coordinator to administer the | ||||||
20 | provisions of this Act. The
coordinator shall be within the | ||||||
21 | Department of Commerce and Economic Opportunity, but shall be | ||||||
22 | responsible directly to the governor. The coordinator
shall |
| |||||||
| |||||||
1 | have the powers necessary to carry out the purpose of the | ||||||
2 | program.
| ||||||
3 | (b) The coordinator shall:
| ||||||
4 | (1) recommend one or more Employment Administrators | ||||||
5 | for each service delivery area for approval by the Advisory | ||||||
6 | Committee, with recommendations based on the demonstrated | ||||||
7 | ability of the Employment Administrator to identify and | ||||||
8 | address local needs;
| ||||||
9 | (2) enter into a contract with one or more Employment | ||||||
10 | Administrators in each service delivery area;
| ||||||
11 | (3) assist the Employment Administrator in developing | ||||||
12 | a satisfactory plan if an Employment Administrator submits | ||||||
13 | one that does not conform to program requirements;
| ||||||
14 | (4) convene and provide staff support to the Advisory | ||||||
15 | Committee; | ||||||
16 | (5) coordinate the program with other State agencies | ||||||
17 | and services including public benefits and workforce | ||||||
18 | programs for unemployed individuals; and
| ||||||
19 | (6) perform general program marketing and monitoring | ||||||
20 | functions. | ||||||
21 | (c) (Blank). The coordinator shall administer the program | ||||||
22 | within the Department
of Commerce and Economic Opportunity. The | ||||||
23 | Director of Commerce and Economic Opportunity shall provide | ||||||
24 | administrative support services to the coordinator
for the | ||||||
25 | purposes of the program.
| ||||||
26 | (d) The coordinator shall report to the Governor, the |
| |||||||
| |||||||
1 | Advisory Committee, and the General Assembly on a
quarterly | ||||||
2 | basis concerning (1) the number of persons employed under the
| ||||||
3 | program; (2) the number and type
of employers under the | ||||||
4 | program; (3) the amount of money spent in each
service delivery | ||||||
5 | area for wages for each type of employment
and each type of | ||||||
6 | other
expenses; (4) the number of persons who have completed | ||||||
7 | participation in the
program and their current employment, | ||||||
8 | educational or training status;
(5) any information requested | ||||||
9 | by the General Assembly, the Advisory Committee, or governor or | ||||||
10 | deemed
pertinent by the coordinator; and (6) any identified | ||||||
11 | violations of this Act and actions taken. Each report shall | ||||||
12 | include cumulative
information, as well as information for each | ||||||
13 | quarter.
| ||||||
14 | (e) Rules. The Director of Commerce and Economic | ||||||
15 | Opportunity, with the
advice of the coordinator and the | ||||||
16 | Advisory Committee, shall adopt rules for the administration | ||||||
17 | and
enforcement of this Act.
| ||||||
18 | (Source: P.A. 96-995, eff. 1-1-11; 97-581, eff. 8-26-11.)
| ||||||
19 | (20 ILCS 630/17 rep.) | ||||||
20 | Section 10-40. The Illinois Emergency Employment | ||||||
21 | Development Act is amended by repealing Section 17.
| ||||||
22 | (20 ILCS 685/Act rep.)
| ||||||
23 | Section 10-45. The Particle Accelerator Land Acquisition | ||||||
24 | Act is repealed.
|
| |||||||
| |||||||
1 | Section 10-50. The Illinois Geographic Information Council | ||||||
2 | Act is amended by changing Section 5-5 as follows:
| ||||||
3 | (20 ILCS 1128/5-5)
| ||||||
4 | Sec. 5-5. Council. The Illinois Geographic Information | ||||||
5 | Council,
hereinafter called the "Council", is created within | ||||||
6 | the Department of Natural Resources.
| ||||||
7 | The Council shall consist of 15 17 voting members, as | ||||||
8 | follows: the
Illinois Secretary of State, the Illinois | ||||||
9 | Secretary of Transportation, the
Directors of the Illinois | ||||||
10 | Departments of Agriculture, Central Management
Services, | ||||||
11 | Commerce and Economic Opportunity, Nuclear Safety,
Public | ||||||
12 | Health, Natural Resources, and Revenue, the Directors of
the | ||||||
13 | Illinois Emergency Management Agency and the Illinois | ||||||
14 | Environmental
Protection Agency, the President of the | ||||||
15 | University of Illinois, the Chairman of
the Illinois Commerce | ||||||
16 | Commission, plus 4 members of the General Assembly, one
each | ||||||
17 | appointed by the Speaker and Minority Leader of the House and | ||||||
18 | the
President and Minority Leader of the Senate. An ex officio | ||||||
19 | voting member may
designate another person to carry out his or | ||||||
20 | her duties on the Council.
| ||||||
21 | In addition to the above members, the Governor may appoint | ||||||
22 | up to 10
additional voting members, representing local, | ||||||
23 | regional, and federal agencies,
professional organizations, | ||||||
24 | academic institutions, public utilities, and the
private |
| |||||||
| |||||||
1 | sector.
| ||||||
2 | Members appointed by the Governor shall serve at the | ||||||
3 | pleasure of the
Governor.
| ||||||
4 | (Source: P.A. 94-793, eff. 5-19-06; 94-961, eff. 6-27-06.)
| ||||||
5 | (20 ILCS 2335/Act rep.) | ||||||
6 | Section 10-55. The Community Health Worker Advisory Board | ||||||
7 | Act is repealed.
| ||||||
8 | Section 10-60. The Capital Spending Accountability Law is | ||||||
9 | amended by changing Section 805 as follows:
| ||||||
10 | (20 ILCS 3020/805)
| ||||||
11 | Sec. 805. Reports on capital spending. On the 45th first | ||||||
12 | day following the end of each quarterly period in each fiscal | ||||||
13 | year, the Governor's Office of Management and Budget shall | ||||||
14 | provide to the Comptroller, the Treasurer, the President and | ||||||
15 | the Minority Leader of the Senate, and the Speaker and the | ||||||
16 | Minority Leader of the House of Representatives a report on the | ||||||
17 | status of all capital projects in the State. The report may be | ||||||
18 | provided in both written and electronic format. The report must | ||||||
19 | include all of the following: | ||||||
20 | (1) A brief description or stated purpose of each | ||||||
21 | capital project where applicable (as referred to in this | ||||||
22 | Section, "project"). | ||||||
23 | (2) The amount and source of funds (whether from bond |
| |||||||
| |||||||
1 | funds or other revenues) appropriated for each project, | ||||||
2 | organized into categories including roads, mass transit, | ||||||
3 | schools, environment, civic centers and other categories | ||||||
4 | as applicable (as referred to in this Section, "category or | ||||||
5 | categories"), with subtotals for each category. | ||||||
6 | (3) The date the appropriation bill relating to each | ||||||
7 | project was signed by the Governor, organized into | ||||||
8 | categories. | ||||||
9 | (4) The date the written release of the Governor for | ||||||
10 | each project was submitted to the Comptroller or is | ||||||
11 | projected to be submitted and, if a release for any project | ||||||
12 | has not been submitted within 6 months after its | ||||||
13 | appropriation became law, an explanation why the project | ||||||
14 | has not yet been released, all organized into categories. | ||||||
15 | (5) The amount of expenditures to date by the State | ||||||
16 | relating to each project and estimated amount of total | ||||||
17 | State expenditures and proposed schedule of future State | ||||||
18 | expenditures relating to each project, all organized into | ||||||
19 | categories. | ||||||
20 | (6) A timeline for completion of each project, | ||||||
21 | including the dates, if applicable, of execution by the | ||||||
22 | State of any grant agreement, any required engineering or | ||||||
23 | design work or environmental approvals, and the estimated | ||||||
24 | or actual dates of the start and completion of | ||||||
25 | construction, all organized into categories. Any | ||||||
26 | substantial variances on any project from this reported |
| |||||||
| |||||||
1 | timeline must be explained in the next quarterly report. | ||||||
2 | (7) A summary report of the status of all projects, | ||||||
3 | including the amount of undisbursed funds intended to be | ||||||
4 | held or used in the next quarter.
| ||||||
5 | (Source: P.A. 98-692, eff. 7-1-14.)
| ||||||
6 | Section 10-65. The Illinois Criminal Justice Information | ||||||
7 | Act is amended by changing Section 7 as follows:
| ||||||
8 | (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
| ||||||
9 | Sec. 7. Powers and Duties. The Authority shall have the | ||||||
10 | following
powers, duties and responsibilities:
| ||||||
11 | (a) To develop and operate comprehensive information | ||||||
12 | systems for the
improvement and coordination of all aspects | ||||||
13 | of law enforcement, prosecution
and corrections;
| ||||||
14 | (b) To define, develop, evaluate and correlate State | ||||||
15 | and local programs
and projects associated with the | ||||||
16 | improvement of law enforcement and the
administration of | ||||||
17 | criminal justice;
| ||||||
18 | (c) To act as a central repository and clearing house | ||||||
19 | for federal, state
and local research studies, plans, | ||||||
20 | projects, proposals and other information
relating to all | ||||||
21 | aspects of criminal justice system improvement and to | ||||||
22 | encourage
educational programs for citizen support of | ||||||
23 | State and local efforts to make
such improvements;
| ||||||
24 | (d) To undertake research studies to aid in |
| |||||||
| |||||||
1 | accomplishing its purposes;
| ||||||
2 | (e) To monitor the operation of existing criminal | ||||||
3 | justice information
systems in order to protect the | ||||||
4 | constitutional rights and privacy of
individuals about | ||||||
5 | whom criminal history record information has been | ||||||
6 | collected;
| ||||||
7 | (f) To provide an effective administrative forum for | ||||||
8 | the protection of
the rights of individuals concerning | ||||||
9 | criminal history record information;
| ||||||
10 | (g) To issue regulations, guidelines and procedures | ||||||
11 | which ensure the privacy
and security of criminal history | ||||||
12 | record information
consistent with State and federal laws;
| ||||||
13 | (h) To act as the sole administrative appeal body in | ||||||
14 | the State of
Illinois to conduct hearings and make final | ||||||
15 | determinations concerning
individual challenges to the | ||||||
16 | completeness and accuracy of criminal
history record | ||||||
17 | information;
| ||||||
18 | (i) To act as the sole, official, criminal justice body | ||||||
19 | in the State of
Illinois to conduct annual and periodic | ||||||
20 | audits of the procedures, policies,
and practices of the | ||||||
21 | State central repositories for criminal history
record | ||||||
22 | information to verify compliance with federal and state | ||||||
23 | laws and
regulations governing such information;
| ||||||
24 | (j) To advise the Authority's Statistical Analysis | ||||||
25 | Center;
| ||||||
26 | (k) To apply for, receive, establish priorities for, |
| |||||||
| |||||||
1 | allocate, disburse
and spend grants of funds that are made | ||||||
2 | available by and received on or
after January 1, 1983 from | ||||||
3 | private sources or from the United States pursuant
to the | ||||||
4 | federal Crime Control Act of 1973, as amended, and similar | ||||||
5 | federal
legislation, and to enter into agreements with the | ||||||
6 | United States government
to further the purposes of this | ||||||
7 | Act, or as may be required as a condition
of obtaining | ||||||
8 | federal funds;
| ||||||
9 | (l) To receive, expend and account for such funds of | ||||||
10 | the State of Illinois
as may be made available to further | ||||||
11 | the purposes of this Act;
| ||||||
12 | (m) To enter into contracts and to cooperate with units | ||||||
13 | of general local
government or combinations of such units, | ||||||
14 | State agencies, and criminal justice
system agencies of | ||||||
15 | other states for the purpose of carrying out the duties
of | ||||||
16 | the Authority imposed by this Act or by the federal Crime | ||||||
17 | Control Act
of 1973, as amended;
| ||||||
18 | (n) To enter into contracts and cooperate with units of | ||||||
19 | general local
government outside of Illinois, other | ||||||
20 | states' agencies, and private
organizations outside of | ||||||
21 | Illinois to provide computer software or design
that has | ||||||
22 | been developed for the Illinois criminal justice system, or | ||||||
23 | to
participate in the cooperative development or design of | ||||||
24 | new software or
systems to be used by the Illinois criminal | ||||||
25 | justice system. Revenues
received as a result of such | ||||||
26 | arrangements shall be deposited in the
Criminal Justice |
| |||||||
| |||||||
1 | Information Systems Trust Fund.
| ||||||
2 | (o) To establish general policies concerning criminal | ||||||
3 | justice information
systems and to promulgate such rules, | ||||||
4 | regulations and procedures as are
necessary to the | ||||||
5 | operation of the Authority and to the uniform consideration
| ||||||
6 | of appeals and audits;
| ||||||
7 | (p) To advise and to make recommendations to the | ||||||
8 | Governor and the General
Assembly on policies relating to | ||||||
9 | criminal justice information systems;
| ||||||
10 | (q) To direct all other agencies under the jurisdiction | ||||||
11 | of the Governor
to provide whatever assistance and | ||||||
12 | information the Authority may lawfully
require to carry out | ||||||
13 | its functions;
| ||||||
14 | (r) To exercise any other powers that are reasonable | ||||||
15 | and necessary to
fulfill the responsibilities of the | ||||||
16 | Authority under this Act and to comply
with the | ||||||
17 | requirements of applicable federal law or regulation;
| ||||||
18 | (s) To exercise the rights, powers and duties which | ||||||
19 | have been vested
in the Authority by the "Illinois Uniform | ||||||
20 | Conviction Information Act",
enacted by the 85th General | ||||||
21 | Assembly, as hereafter amended;
| ||||||
22 | (t) To exercise the rights, powers and duties which | ||||||
23 | have been vested
in the Authority by the Illinois Motor | ||||||
24 | Vehicle Theft Prevention Act;
| ||||||
25 | (u) To exercise the rights, powers, and duties vested | ||||||
26 | in the Authority by the Illinois Public Safety Agency |
| |||||||
| |||||||
1 | Network Act; and | ||||||
2 | (v) To provide technical assistance in the form of | ||||||
3 | training to local governmental entities within Illinois | ||||||
4 | requesting such assistance for the purposes of procuring | ||||||
5 | grants for gang intervention and gang prevention programs | ||||||
6 | or other criminal justice programs from the United States | ||||||
7 | Department of Justice. | ||||||
8 | The requirement for reporting to the General Assembly shall | ||||||
9 | be satisfied
by filing copies of the report with the Speaker, | ||||||
10 | the Minority Leader and
the Clerk of the House of | ||||||
11 | Representatives and the President, the Minority
Leader and the | ||||||
12 | Secretary of the Senate and the Legislative Research
Unit, as | ||||||
13 | required by Section 3.1 of "An Act to revise the law in | ||||||
14 | relation
to the General Assembly", approved February 25, 1874, | ||||||
15 | as amended, and
filing such additional copies with the State | ||||||
16 | Government Report Distribution
Center for the General Assembly | ||||||
17 | as is required under paragraph (t) of
Section 7 of the State | ||||||
18 | Library Act.
| ||||||
19 | (Source: P.A. 97-435, eff. 1-1-12.)
| ||||||
20 | (20 ILCS 3965/Act rep.)
| ||||||
21 | Section 10-70. The Illinois Economic Development Board Act | ||||||
22 | is repealed.
| ||||||
23 | (20 ILCS 4065/Act rep.) | ||||||
24 | Section 10-75. The Illinois Children's Savings Accounts |
| |||||||
| |||||||
1 | Act is repealed.
| ||||||
2 | (20 ILCS 5000/Act rep.) | ||||||
3 | Section 10-80. The Task Force on Inventorying Employment | ||||||
4 | Restrictions Act is repealed.
| ||||||
5 | (30 ILCS 375/Act rep.)
| ||||||
6 | Section 10-85. The Local Government Debt Offering Act is | ||||||
7 | repealed.
| ||||||
8 | (30 ILCS 577/35-20 rep.) | ||||||
9 | Section 10-90. The State Construction Minority and Female | ||||||
10 | Building Trades Act is amended by repealing Section 35-20.
| ||||||
11 | (30 ILCS 750/9-4.5 rep.)
| ||||||
12 | (30 ILCS 750/11-4 rep.)
| ||||||
13 | Section 10-95. The Build Illinois Act is amended by | ||||||
14 | repealing Sections 9-4.5 and 11-4.
| ||||||
15 | Section 10-100. The Illinois Income Tax Act is amended by | ||||||
16 | changing Section 901 as follows:
| ||||||
17 | (35 ILCS 5/901) (from Ch. 120, par. 9-901) | ||||||
18 | Sec. 901. Collection authority. | ||||||
19 | (a) In general. | ||||||
20 | The Department shall collect the taxes imposed by this Act. |
| |||||||
| |||||||
1 | The Department
shall collect certified past due child support | ||||||
2 | amounts under Section 2505-650
of the Department of Revenue Law | ||||||
3 | (20 ILCS 2505/2505-650). Except as
provided in subsections (c), | ||||||
4 | (e), (f), (g), and (h) of this Section, money collected
| ||||||
5 | pursuant to subsections (a) and (b) of Section 201 of this Act | ||||||
6 | shall be
paid into the General Revenue Fund in the State | ||||||
7 | treasury; money
collected pursuant to subsections (c) and (d) | ||||||
8 | of Section 201 of this Act
shall be paid into the Personal | ||||||
9 | Property Tax Replacement Fund, a special
fund in the State | ||||||
10 | Treasury; and money collected under Section 2505-650 of the
| ||||||
11 | Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
| ||||||
12 | into the
Child Support Enforcement Trust Fund, a special fund | ||||||
13 | outside the State
Treasury, or
to the State
Disbursement Unit | ||||||
14 | established under Section 10-26 of the Illinois Public Aid
| ||||||
15 | Code, as directed by the Department of Healthcare and Family | ||||||
16 | Services. | ||||||
17 | (b) Local Government Distributive Fund. | ||||||
18 | Beginning August 1, 1969, and continuing through June 30, | ||||||
19 | 1994, the Treasurer
shall transfer each month from the General | ||||||
20 | Revenue Fund to a special fund in
the State treasury, to be | ||||||
21 | known as the "Local Government Distributive Fund", an
amount | ||||||
22 | equal to 1/12 of the net revenue realized from the tax imposed | ||||||
23 | by
subsections (a) and (b) of Section 201 of this Act during | ||||||
24 | the preceding month.
Beginning July 1, 1994, and continuing | ||||||
25 | through June 30, 1995, the Treasurer
shall transfer each month | ||||||
26 | from the General Revenue Fund to the Local Government
|
| |||||||
| |||||||
1 | Distributive Fund an amount equal to 1/11 of the net revenue | ||||||
2 | realized from the
tax imposed by subsections (a) and (b) of | ||||||
3 | Section 201 of this Act during the
preceding month. Beginning | ||||||
4 | July 1, 1995 and continuing through January 31, 2011, the | ||||||
5 | Treasurer shall transfer each
month from the General Revenue | ||||||
6 | Fund to the Local Government Distributive Fund
an amount equal | ||||||
7 | to the net of (i) 1/10 of the net revenue realized from the
tax | ||||||
8 | imposed by
subsections (a) and (b) of Section 201 of the | ||||||
9 | Illinois Income Tax Act during
the preceding month
(ii) minus, | ||||||
10 | beginning July 1, 2003 and ending June 30, 2004, $6,666,666, | ||||||
11 | and
beginning July 1,
2004,
zero. Beginning February 1, 2011, | ||||||
12 | and continuing through January 31, 2015, the Treasurer shall | ||||||
13 | transfer each month from the General Revenue Fund to the Local | ||||||
14 | Government Distributive Fund an amount equal to the sum of (i) | ||||||
15 | 6% (10% of the ratio of the 3% individual income tax rate prior | ||||||
16 | to 2011 to the 5% individual income tax rate after 2010) of the | ||||||
17 | net revenue realized from the tax imposed by subsections (a) | ||||||
18 | and (b) of Section 201 of this Act upon individuals, trusts, | ||||||
19 | and estates during the preceding month and (ii) 6.86% (10% of | ||||||
20 | the ratio of the 4.8% corporate income tax rate prior to 2011 | ||||||
21 | to the 7% corporate income tax rate after 2010) of the net | ||||||
22 | revenue realized from the tax imposed by subsections (a) and | ||||||
23 | (b) of Section 201 of this Act upon corporations during the | ||||||
24 | preceding month. Beginning February 1, 2015 and continuing | ||||||
25 | through January 31, 2025, the Treasurer shall transfer each | ||||||
26 | month from the General Revenue Fund to the Local Government |
| |||||||
| |||||||
1 | Distributive Fund an amount equal to the sum of (i) 8% (10% of | ||||||
2 | the ratio of the 3% individual income tax rate prior to 2011 to | ||||||
3 | the 3.75% individual income tax rate after 2014) of the net | ||||||
4 | revenue realized from the tax imposed by subsections (a) and | ||||||
5 | (b) of Section 201 of this Act upon individuals, trusts, and | ||||||
6 | estates during the preceding month and (ii) 9.14% (10% of the | ||||||
7 | ratio of the 4.8% corporate income tax rate prior to 2011 to | ||||||
8 | the 5.25% corporate income tax rate after 2014) of the net | ||||||
9 | revenue realized from the tax imposed by subsections (a) and | ||||||
10 | (b) of Section 201 of this Act upon corporations during the | ||||||
11 | preceding month. Beginning February 1, 2025, the Treasurer | ||||||
12 | shall transfer each month from the General Revenue Fund to the | ||||||
13 | Local Government Distributive Fund an amount equal to the sum | ||||||
14 | of (i) 9.23% (10% of the ratio of the 3% individual income tax | ||||||
15 | rate prior to 2011 to the 3.25% individual income tax rate | ||||||
16 | after 2024) of the net revenue realized from the tax imposed by | ||||||
17 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
18 | individuals, trusts, and estates during the preceding month and | ||||||
19 | (ii) 10% of the net revenue realized from the tax imposed by | ||||||
20 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
21 | corporations during the preceding month. Net revenue realized | ||||||
22 | for a month shall be defined as the
revenue from the tax | ||||||
23 | imposed by subsections (a) and (b) of Section 201 of this
Act | ||||||
24 | which is deposited in the General Revenue Fund, the Education | ||||||
25 | Assistance
Fund, the Income Tax Surcharge Local Government | ||||||
26 | Distributive Fund, the Fund for the Advancement of Education, |
| |||||||
| |||||||
1 | and the Commitment to Human Services Fund during the
month | ||||||
2 | minus the amount paid out of the General Revenue Fund in State | ||||||
3 | warrants
during that same month as refunds to taxpayers for | ||||||
4 | overpayment of liability
under the tax imposed by subsections | ||||||
5 | (a) and (b) of Section 201 of this Act. | ||||||
6 | Beginning on August 26, 2014 (the effective date of Public | ||||||
7 | Act 98-1052), the Comptroller shall perform the transfers | ||||||
8 | required by this subsection (b) no later than 60 days after he | ||||||
9 | or she receives the certification from the Treasurer as | ||||||
10 | provided in Section 1 of the State Revenue Sharing Act. | ||||||
11 | (c) Deposits Into Income Tax Refund Fund. | ||||||
12 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
13 | Department shall
deposit a percentage of the amounts | ||||||
14 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
15 | (3), of Section 201 of this Act into a fund in the State
| ||||||
16 | treasury known as the Income Tax Refund Fund. The | ||||||
17 | Department shall deposit 6%
of such amounts during the | ||||||
18 | period beginning January 1, 1989 and ending on June
30, | ||||||
19 | 1989. Beginning with State fiscal year 1990 and for each | ||||||
20 | fiscal year
thereafter, the percentage deposited into the | ||||||
21 | Income Tax Refund Fund during a
fiscal year shall be the | ||||||
22 | Annual Percentage. For fiscal years 1999 through
2001, the | ||||||
23 | Annual Percentage shall be 7.1%.
For fiscal year 2003, the | ||||||
24 | Annual Percentage shall be 8%.
For fiscal year 2004, the | ||||||
25 | Annual Percentage shall be 11.7%. Upon the effective date | ||||||
26 | of this amendatory Act of the 93rd General Assembly, the |
| |||||||
| |||||||
1 | Annual Percentage shall be 10% for fiscal year 2005. For | ||||||
2 | fiscal year 2006, the Annual Percentage shall be 9.75%. For | ||||||
3 | fiscal
year 2007, the Annual Percentage shall be 9.75%. For | ||||||
4 | fiscal year 2008, the Annual Percentage shall be 7.75%. For | ||||||
5 | fiscal year 2009, the Annual Percentage shall be 9.75%. For | ||||||
6 | fiscal year 2010, the Annual Percentage shall be 9.75%. For | ||||||
7 | fiscal year 2011, the Annual Percentage shall be 8.75%. For | ||||||
8 | fiscal year 2012, the Annual Percentage shall be 8.75%. For | ||||||
9 | fiscal year 2013, the Annual Percentage shall be 9.75%. For | ||||||
10 | fiscal year 2014, the Annual Percentage shall be 9.5%. For | ||||||
11 | fiscal year 2015, the Annual Percentage shall be 10%. For | ||||||
12 | all other
fiscal years, the
Annual Percentage shall be | ||||||
13 | calculated as a fraction, the numerator of which
shall be | ||||||
14 | the amount of refunds approved for payment by the | ||||||
15 | Department during
the preceding fiscal year as a result of | ||||||
16 | overpayment of tax liability under
subsections (a) and | ||||||
17 | (b)(1), (2), and (3) of Section 201 of this Act plus the
| ||||||
18 | amount of such refunds remaining approved but unpaid at the | ||||||
19 | end of the
preceding fiscal year, minus the amounts | ||||||
20 | transferred into the Income Tax
Refund Fund from the | ||||||
21 | Tobacco Settlement Recovery Fund, and
the denominator of | ||||||
22 | which shall be the amounts which will be collected pursuant
| ||||||
23 | to subsections (a) and (b)(1), (2), and (3) of Section 201 | ||||||
24 | of this Act during
the preceding fiscal year; except that | ||||||
25 | in State fiscal year 2002, the Annual
Percentage shall in | ||||||
26 | no event exceed 7.6%. The Director of Revenue shall
certify |
| |||||||
| |||||||
1 | the Annual Percentage to the Comptroller on the last | ||||||
2 | business day of
the fiscal year immediately preceding the | ||||||
3 | fiscal year for which it is to be
effective. | ||||||
4 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
5 | Department shall
deposit a percentage of the amounts | ||||||
6 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
7 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
8 | the State treasury known as the Income Tax
Refund Fund. The | ||||||
9 | Department shall deposit 18% of such amounts during the
| ||||||
10 | period beginning January 1, 1989 and ending on June 30, | ||||||
11 | 1989. Beginning
with State fiscal year 1990 and for each | ||||||
12 | fiscal year thereafter, the
percentage deposited into the | ||||||
13 | Income Tax Refund Fund during a fiscal year
shall be the | ||||||
14 | Annual Percentage. For fiscal years 1999, 2000, and 2001, | ||||||
15 | the
Annual Percentage shall be 19%.
For fiscal year 2003, | ||||||
16 | the Annual Percentage shall be 27%. For fiscal year
2004, | ||||||
17 | the Annual Percentage shall be 32%.
Upon the effective date | ||||||
18 | of this amendatory Act of the 93rd General Assembly, the | ||||||
19 | Annual Percentage shall be 24% for fiscal year 2005.
For | ||||||
20 | fiscal year 2006, the Annual Percentage shall be 20%. For | ||||||
21 | fiscal
year 2007, the Annual Percentage shall be 17.5%. For | ||||||
22 | fiscal year 2008, the Annual Percentage shall be 15.5%. For | ||||||
23 | fiscal year 2009, the Annual Percentage shall be 17.5%. For | ||||||
24 | fiscal year 2010, the Annual Percentage shall be 17.5%. For | ||||||
25 | fiscal year 2011, the Annual Percentage shall be 17.5%. For | ||||||
26 | fiscal year 2012, the Annual Percentage shall be 17.5%. For |
| |||||||
| |||||||
1 | fiscal year 2013, the Annual Percentage shall be 14%. For | ||||||
2 | fiscal year 2014, the Annual Percentage shall be 13.4%. For | ||||||
3 | fiscal year 2015, the Annual Percentage shall be 14%. For | ||||||
4 | all other fiscal years, the Annual
Percentage shall be | ||||||
5 | calculated
as a fraction, the numerator of which shall be | ||||||
6 | the amount of refunds
approved for payment by the | ||||||
7 | Department during the preceding fiscal year as
a result of | ||||||
8 | overpayment of tax liability under subsections (a) and | ||||||
9 | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||||||
10 | Act plus the
amount of such refunds remaining approved but | ||||||
11 | unpaid at the end of the
preceding fiscal year, and the | ||||||
12 | denominator of
which shall be the amounts which will be | ||||||
13 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
14 | (8), (c) and (d) of Section 201 of this Act during the
| ||||||
15 | preceding fiscal year; except that in State fiscal year | ||||||
16 | 2002, the Annual
Percentage shall in no event exceed 23%. | ||||||
17 | The Director of Revenue shall
certify the Annual Percentage | ||||||
18 | to the Comptroller on the last business day of
the fiscal | ||||||
19 | year immediately preceding the fiscal year for which it is | ||||||
20 | to be
effective. | ||||||
21 | (3) The Comptroller shall order transferred and the | ||||||
22 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
23 | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||||||
24 | in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||||||
25 | (iii) $35,000,000 in January, 2003. | ||||||
26 | (d) Expenditures from Income Tax Refund Fund. |
| |||||||
| |||||||
1 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
2 | Refund Fund
shall be expended exclusively for the purpose | ||||||
3 | of paying refunds resulting
from overpayment of tax | ||||||
4 | liability under Section 201 of this Act , for paying
rebates | ||||||
5 | under Section 208.1 in the event that the amounts in the | ||||||
6 | Homeowners'
Tax Relief Fund are insufficient for that | ||||||
7 | purpose,
and for
making transfers pursuant to this | ||||||
8 | subsection (d). | ||||||
9 | (2) The Director shall order payment of refunds | ||||||
10 | resulting from
overpayment of tax liability under Section | ||||||
11 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
12 | extent that amounts collected pursuant
to Section 201 of | ||||||
13 | this Act and transfers pursuant to this subsection (d)
and | ||||||
14 | item (3) of subsection (c) have been deposited and retained | ||||||
15 | in the
Fund. | ||||||
16 | (3) As soon as possible after the end of each fiscal | ||||||
17 | year, the Director
shall
order transferred and the State | ||||||
18 | Treasurer and State Comptroller shall
transfer from the | ||||||
19 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
20 | Replacement Fund an amount, certified by the Director to | ||||||
21 | the Comptroller,
equal to the excess of the amount | ||||||
22 | collected pursuant to subsections (c) and
(d) of Section | ||||||
23 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
24 | during the fiscal year over the amount of refunds resulting | ||||||
25 | from
overpayment of tax liability under subsections (c) and | ||||||
26 | (d) of Section 201
of this Act paid from the Income Tax |
| |||||||
| |||||||
1 | Refund Fund during the fiscal year. | ||||||
2 | (4) As soon as possible after the end of each fiscal | ||||||
3 | year, the Director shall
order transferred and the State | ||||||
4 | Treasurer and State Comptroller shall
transfer from the | ||||||
5 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
6 | Refund Fund an amount, certified by the Director to the | ||||||
7 | Comptroller, equal
to the excess of the amount of refunds | ||||||
8 | resulting from overpayment of tax
liability under | ||||||
9 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
10 | from the Income Tax Refund Fund during the fiscal year over | ||||||
11 | the amount
collected pursuant to subsections (c) and (d) of | ||||||
12 | Section 201 of this Act
deposited into the Income Tax | ||||||
13 | Refund Fund during the fiscal year. | ||||||
14 | (4.5) As soon as possible after the end of fiscal year | ||||||
15 | 1999 and of each
fiscal year
thereafter, the Director shall | ||||||
16 | order transferred and the State Treasurer and
State | ||||||
17 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
18 | to the General
Revenue Fund any surplus remaining in the | ||||||
19 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
20 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
21 | attributable to transfers under item (3) of subsection (c) | ||||||
22 | less refunds
resulting from the earned income tax credit. | ||||||
23 | (5) This Act shall constitute an irrevocable and | ||||||
24 | continuing
appropriation from the Income Tax Refund Fund | ||||||
25 | for the purpose of paying
refunds upon the order of the | ||||||
26 | Director in accordance with the provisions of
this Section. |
| |||||||
| |||||||
1 | (e) Deposits into the Education Assistance Fund and the | ||||||
2 | Income Tax
Surcharge Local Government Distributive Fund. | ||||||
3 | On July 1, 1991, and thereafter, of the amounts collected | ||||||
4 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
5 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
6 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
7 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
8 | January 31, 1993, of the amounts collected pursuant to
| ||||||
9 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
10 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
11 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
12 | Local Government Distributive Fund in the State
Treasury. | ||||||
13 | Beginning February 1, 1993 and continuing through June 30, | ||||||
14 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
15 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
16 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
17 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
18 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
19 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
20 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
21 | Act, minus deposits into the Income Tax
Refund Fund, the | ||||||
22 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
23 | Local Government Distributive Fund in the State Treasury. | ||||||
24 | (f) Deposits into the Fund for the Advancement of | ||||||
25 | Education. Beginning February 1, 2015, the Department shall | ||||||
26 | deposit the following portions of the revenue realized from the |
| |||||||
| |||||||
1 | tax imposed upon individuals, trusts, and estates by | ||||||
2 | subsections (a) and (b) of Section 201 of this Act during the | ||||||
3 | preceding month, minus deposits into the Income Tax Refund | ||||||
4 | Fund, into the Fund for the Advancement of Education: | ||||||
5 | (1) beginning February 1, 2015, and prior to February | ||||||
6 | 1, 2025, 1/30; and | ||||||
7 | (2) beginning February 1, 2025, 1/26. | ||||||
8 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
9 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
10 | the Department shall not make the deposits required by this | ||||||
11 | subsection (f) on or after the effective date of the reduction. | ||||||
12 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
13 | Beginning February 1, 2015, the Department shall deposit the | ||||||
14 | following portions of the revenue realized from the tax imposed | ||||||
15 | upon individuals, trusts, and estates by subsections (a) and | ||||||
16 | (b) of Section 201 of this Act during the preceding month, | ||||||
17 | minus deposits into the Income Tax Refund Fund, into the | ||||||
18 | Commitment to Human Services Fund: | ||||||
19 | (1) beginning February 1, 2015, and prior to February | ||||||
20 | 1, 2025, 1/30; and | ||||||
21 | (2) beginning February 1, 2025, 1/26. | ||||||
22 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
23 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
24 | the Department shall not make the deposits required by this | ||||||
25 | subsection (g) on or after the effective date of the reduction. | ||||||
26 | (h) Deposits into the Tax Compliance and Administration |
| |||||||
| |||||||
1 | Fund. Beginning on the first day of the first calendar month to | ||||||
2 | occur on or after August 26, 2014 (the effective date of Public | ||||||
3 | Act 98-1098), each month the Department shall pay into the Tax | ||||||
4 | Compliance and Administration Fund, to be used, subject to | ||||||
5 | appropriation, to fund additional auditors and compliance | ||||||
6 | personnel at the Department, an amount equal to 1/12 of 5% of | ||||||
7 | the cash receipts collected during the preceding fiscal year by | ||||||
8 | the Audit Bureau of the Department from the tax imposed by | ||||||
9 | subsections (a), (b), (c), and (d) of Section 201 of this Act, | ||||||
10 | net of deposits into the Income Tax Refund Fund made from those | ||||||
11 | cash receipts. | ||||||
12 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; | ||||||
13 | 98-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff. | ||||||
14 | 7-20-15.)
| ||||||
15 | Section 10-105. The Property Tax Code is amended by | ||||||
16 | changing Section 20-15 as follows:
| ||||||
17 | (35 ILCS 200/20-15)
| ||||||
18 | Sec. 20-15. Information on bill or separate statement. | ||||||
19 | There shall be
printed on each bill, or on a separate slip | ||||||
20 | which shall be mailed with the
bill:
| ||||||
21 | (a) a statement itemizing the rate at which taxes have | ||||||
22 | been extended for
each of the taxing districts in the | ||||||
23 | county in whose district the property is
located, and in | ||||||
24 | those counties utilizing
electronic data processing |
| |||||||
| |||||||
1 | equipment the dollar amount of tax due from the
person | ||||||
2 | assessed allocable to each of those taxing districts, | ||||||
3 | including a
separate statement of the dollar amount of tax | ||||||
4 | due which is allocable to a tax
levied under the Illinois | ||||||
5 | Local Library Act or to any other tax levied by a
| ||||||
6 | municipality or township for public library purposes,
| ||||||
7 | (b) a separate statement for each of the taxing | ||||||
8 | districts of the dollar
amount of tax due which is | ||||||
9 | allocable to a tax levied under the Illinois Pension
Code | ||||||
10 | or to any other tax levied by a municipality or township | ||||||
11 | for public
pension or retirement purposes,
| ||||||
12 | (c) the total tax rate,
| ||||||
13 | (d) the total amount of tax due, and
| ||||||
14 | (e) the amount by which the total tax and the tax | ||||||
15 | allocable to each taxing
district differs from the | ||||||
16 | taxpayer's last prior tax bill.
| ||||||
17 | The county treasurer shall ensure that only those taxing | ||||||
18 | districts in
which a parcel of property is located shall be | ||||||
19 | listed on the bill for that
property.
| ||||||
20 | In all counties the statement shall also provide:
| ||||||
21 | (1) the property index number or other suitable | ||||||
22 | description,
| ||||||
23 | (2) the assessment of the property,
| ||||||
24 | (3) the statutory amount of each homestead exemption | ||||||
25 | applied to the property, | ||||||
26 | (4) the assessed value of the property after |
| |||||||
| |||||||
1 | application of all homestead exemptions,
| ||||||
2 | (5) the equalization factors imposed by the county and | ||||||
3 | by the Department,
and
| ||||||
4 | (6) the equalized assessment resulting from the | ||||||
5 | application of the
equalization factors to the basic | ||||||
6 | assessment.
| ||||||
7 | In all counties which do not classify property for purposes | ||||||
8 | of taxation, for
property on which a single family residence is | ||||||
9 | situated the statement shall
also include a statement to | ||||||
10 | reflect the fair cash value determined for the
property. In all | ||||||
11 | counties which classify property for purposes of taxation in
| ||||||
12 | accordance with Section 4 of Article IX of the Illinois | ||||||
13 | Constitution, for
parcels of residential property in the lowest | ||||||
14 | assessment classification the
statement shall also include a | ||||||
15 | statement to reflect the fair cash value
determined for the | ||||||
16 | property.
| ||||||
17 | In all counties, the statement must include information | ||||||
18 | that certain
taxpayers may be eligible for tax exemptions, | ||||||
19 | abatements, and other assistance programs and that, for more | ||||||
20 | information, taxpayers should consult with the office of their | ||||||
21 | township or county assessor and with the Illinois Department of | ||||||
22 | Revenue.
| ||||||
23 | In all counties, the statement shall include information | ||||||
24 | that certain
taxpayers may be eligible for the Senior Citizens | ||||||
25 | and Persons with Disabilities Property
Tax Relief Act and that | ||||||
26 | applications are
available from the Illinois Department on |
| |||||||
| |||||||
1 | Aging.
| ||||||
2 | In counties which use the estimated or accelerated billing | ||||||
3 | methods, these
statements shall only be provided with the final | ||||||
4 | installment of taxes due. The
provisions of this Section create | ||||||
5 | a mandatory statutory duty. They are not
merely directory or | ||||||
6 | discretionary. The failure or neglect of the collector to
mail | ||||||
7 | the bill, or the failure of the taxpayer to receive the bill, | ||||||
8 | shall not
affect the validity of any tax, or the liability for | ||||||
9 | the payment of any tax.
| ||||||
10 | (Source: P.A. 98-93, eff. 7-16-13; 99-143, eff. 7-27-15.)
| ||||||
11 | Section 10-110. The Illinois Public Safety Agency Network | ||||||
12 | Act is amended by changing Section 5 as follows:
| ||||||
13 | (50 ILCS 752/5)
| ||||||
14 | Sec. 5. Definitions. As used in this Act, unless the | ||||||
15 | context requires otherwise: | ||||||
16 | "ALECS" means the Automated Law Enforcement Communications | ||||||
17 | System. | ||||||
18 | "ALERTS" means the Area-wide Law Enforcement Radio | ||||||
19 | Terminal System. | ||||||
20 | "Authority" means the Illinois Criminal Justice | ||||||
21 | Information Authority. | ||||||
22 | "Board" means the Board of Directors of Illinois Public | ||||||
23 | Safety Agency Network, Inc. | ||||||
24 | "IPSAN" or "Partnership" means Illinois Public Safety |
| |||||||
| |||||||
1 | Agency Network, Inc., the not-for-profit
entity incorporated | ||||||
2 | as provided in this Act. | ||||||
3 | "PIMS" means the Police Information Management System. | ||||||
4 | "Trust Fund" means the Criminal Justice Information | ||||||
5 | Systems Trust Fund.
| ||||||
6 | (Source: P.A. 94-896, eff. 7-1-06.)
| ||||||
7 | (70 ILCS 210/22.1 rep.)
| ||||||
8 | Section 10-115. The Metropolitan Pier and Exposition | ||||||
9 | Authority Act is amended by repealing Section 22.1.
| ||||||
10 | (235 ILCS 5/Art. XII rep.) | ||||||
11 | Section 10-120. The Liquor Control Act of 1934 is amended | ||||||
12 | by repealing Article XII.
| ||||||
13 | (310 ILCS 5/42 rep.)
| ||||||
14 | (310 ILCS 5/43 rep.)
| ||||||
15 | (310 ILCS 5/44 rep.)
| ||||||
16 | Section 10-125. The State Housing Act is amended by | ||||||
17 | repealing Sections 42, 43, and 44.
| ||||||
18 | (310 ILCS 20/3b rep.)
| ||||||
19 | Section 10-130. The Housing Development and Construction | ||||||
20 | Act is amended by repealing Section 3b.
| ||||||
21 | (310 ILCS 30/2 rep.)
|
| |||||||
| |||||||
1 | Section 10-135. The Redevelopment Project Rehousing and | ||||||
2 | Capital Improvements Act is amended by repealing Section 2.
| ||||||
3 | (310 ILCS 55/Act rep.)
| ||||||
4 | Section 10-140. The Home Ownership Made Easy Act is | ||||||
5 | repealed.
| ||||||
6 | (310 ILCS 65/16 rep.)
| ||||||
7 | Section 10-145. The Illinois Affordable Housing Act is | ||||||
8 | amended by repealing Section 16.
| ||||||
9 | (315 ILCS 5/Act rep.)
| ||||||
10 | Section 10-150. The Blighted Areas Redevelopment Act of | ||||||
11 | 1947 is repealed.
| ||||||
12 | Section 10-155. The Blighted Vacant Areas Development Act | ||||||
13 | of 1949 is amended by changing Section 6 as follows:
| ||||||
14 | (315 ILCS 10/6) (from Ch. 67 1/2, par. 91.6)
| ||||||
15 | Sec. 6. Sale of land. After title to the site is vested in | ||||||
16 | the
State of Illinois, the State of Illinois, acting through | ||||||
17 | the Governor
and the Secretary of State, shall sign, seal, and | ||||||
18 | deliver a deed
conveying the site to the developer or his | ||||||
19 | heirs, legatees, successors
or assigns, in consideration of the | ||||||
20 | offer of the developer, provided
that:
| ||||||
21 | (a) The plans of development have been approved by the |
| |||||||
| |||||||
1 | corporate
authorities of the municipality in which the site is | ||||||
2 | located, or by the
corporate authorities of the county where | ||||||
3 | the site is located in an
unincorporated area.
| ||||||
4 | (b) (Blank). The developer has satisfied the Department | ||||||
5 | that the completion
of development will be accomplished within | ||||||
6 | a reasonable time after title
to the site has been acquired | ||||||
7 | from the State of Illinois by depositing
bond with surety to be | ||||||
8 | approved by the Department, or making a cash
deposit, in either | ||||||
9 | case in such amount as shall be deemed adequate by
the | ||||||
10 | Department. Such bonds shall designate the People of the State | ||||||
11 | of
Illinois as obligee thereunder and the developer as obligor | ||||||
12 | thereon, and
shall be conditioned upon completion of | ||||||
13 | development by the developer in
accordance with the plans of | ||||||
14 | development, or such revisions therein as
may be approved by | ||||||
15 | the Department, within a period to be specified by
the | ||||||
16 | Department or any subsequent extension of this period by the
| ||||||
17 | Department.
| ||||||
18 | Such bond shall be in substantially the following form: | ||||||
19 | "We, A.B., C.D., and
E.F., of the County of .... and State of | ||||||
20 | Illinois, as principals, and .... as
surety, are obligated to | ||||||
21 | the People of the State of Illinois in the penal sum
of $...., | ||||||
22 | lawful money of the United States, for the payment of which we
| ||||||
23 | and each of us obligate ourselves and our heirs, executors, | ||||||
24 | administrators and
assigns jointly.
| ||||||
25 | The condition of this bond is such that if the above stated | ||||||
26 | A.B., C.D.,
and E.F., shall complete development of a site |
| |||||||
| |||||||
1 | located
at .... in accordance with plans of development | ||||||
2 | submitted to the
Department on (insert date), or in accordance
| ||||||
3 | with such revisions of such plans of development as may | ||||||
4 | hereafter be
approved by the Department, such completion
of | ||||||
5 | development to be within a period of .... years, or any | ||||||
6 | subsequent
extension of this period by the Department,
then | ||||||
7 | this obligation is void; otherwise it remains in full force and
| ||||||
8 | effect.
| ||||||
9 | Dated (insert date).
| ||||||
10 | Signature of A.B. ___________
| ||||||
11 | Signature of C.D. ___________
| ||||||
12 | Signature of E.F. ___________"
| ||||||
13 | The bond shall be signed by the principals and sureties
and | ||||||
14 | after approval by the Department shall be filed and recorded by | ||||||
15 | the
Department.
| ||||||
16 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
17 | (315 ILCS 10/4 rep.)
| ||||||
18 | Section 10-160. The Blighted Vacant Areas Development Act | ||||||
19 | of 1949 is amended by repealing Section 4.
| ||||||
20 | (315 ILCS 25/Act rep.)
| ||||||
21 | Section 10-165. The Urban Community Conservation Act is | ||||||
22 | repealed.
|
| |||||||
| |||||||
1 | (315 ILCS 30/Act rep.)
| ||||||
2 | Section 10-170. The Urban Renewal Consolidation Act of 1961 | ||||||
3 | is repealed.
| ||||||
4 | (315 ILCS 35/Act rep.) | ||||||
5 | Section 10-175. The Urban Flooding Awareness Act is | ||||||
6 | repealed.
| ||||||
7 | Section 10-180. The Older Adult Services Act is amended by | ||||||
8 | changing Section 35 as follows:
| ||||||
9 | (320 ILCS 42/35)
| ||||||
10 | Sec. 35. Older Adult Services Advisory Committee. | ||||||
11 | (a) The Older Adult Services Advisory Committee is created | ||||||
12 | to advise the directors of Aging, Healthcare and Family | ||||||
13 | Services, and Public Health on all matters related to this Act | ||||||
14 | and the delivery of services to older adults in general.
| ||||||
15 | (b) The Advisory Committee shall be comprised of the | ||||||
16 | following:
| ||||||
17 | (1) The Director of Aging or his or her designee, who | ||||||
18 | shall serve as chair and shall be an ex officio and | ||||||
19 | nonvoting member.
| ||||||
20 | (2) The Director of Healthcare and Family Services and | ||||||
21 | the Director of Public Health or their designees, who shall | ||||||
22 | serve as vice-chairs and shall be ex officio and nonvoting | ||||||
23 | members.
|
| |||||||
| |||||||
1 | (3) One representative each of the Governor's Office, | ||||||
2 | the Department of Healthcare and Family Services, the | ||||||
3 | Department of Public Health, the Department of Veterans' | ||||||
4 | Affairs, the Department of Human Services, the Department | ||||||
5 | of Insurance, the Department of Commerce and Economic | ||||||
6 | Opportunity, the Department on Aging, the Department on | ||||||
7 | Aging's State Long Term Care Ombudsman, the Illinois | ||||||
8 | Housing Finance Authority, and the Illinois Housing | ||||||
9 | Development Authority, each of whom shall be selected by | ||||||
10 | his or her respective director and shall be an ex officio | ||||||
11 | and nonvoting member.
| ||||||
12 | (4) Thirty members appointed by the Director of Aging | ||||||
13 | in collaboration with the directors of Public Health and | ||||||
14 | Healthcare and Family Services, and selected from the | ||||||
15 | recommendations of statewide associations and | ||||||
16 | organizations, as follows:
| ||||||
17 | (A) One member representing the Area Agencies on | ||||||
18 | Aging;
| ||||||
19 | (B) Four members representing nursing homes or | ||||||
20 | licensed assisted living establishments;
| ||||||
21 | (C) One member representing home health agencies;
| ||||||
22 | (D) One member representing case management | ||||||
23 | services;
| ||||||
24 | (E) One member representing statewide senior | ||||||
25 | center associations;
| ||||||
26 | (F) One member representing Community Care Program |
| |||||||
| |||||||
1 | homemaker services;
| ||||||
2 | (G) One member representing Community Care Program | ||||||
3 | adult day services;
| ||||||
4 | (H) One member representing nutrition project | ||||||
5 | directors;
| ||||||
6 | (I) One member representing hospice programs;
| ||||||
7 | (J) One member representing individuals with | ||||||
8 | Alzheimer's disease and related dementias;
| ||||||
9 | (K) Two members representing statewide trade or | ||||||
10 | labor unions;
| ||||||
11 | (L) One advanced practice nurse with experience in | ||||||
12 | gerontological nursing;
| ||||||
13 | (M) One physician specializing in gerontology;
| ||||||
14 | (N) One member representing regional long-term | ||||||
15 | care ombudsmen;
| ||||||
16 | (O) One member representing municipal, township, | ||||||
17 | or county officials;
| ||||||
18 | (P) (Blank);
| ||||||
19 | (Q) (Blank);
| ||||||
20 | (R) One member representing the parish nurse | ||||||
21 | movement;
| ||||||
22 | (S) One member representing pharmacists;
| ||||||
23 | (T) Two members representing statewide | ||||||
24 | organizations engaging in advocacy or legal | ||||||
25 | representation on behalf of the senior population;
| ||||||
26 | (U) Two family caregivers;
|
| |||||||
| |||||||
1 | (V) Two citizen members over the age of 60;
| ||||||
2 | (W) One citizen with knowledge in the area of | ||||||
3 | gerontology research or health care law;
| ||||||
4 | (X) One representative of health care facilities | ||||||
5 | licensed under the Hospital Licensing Act; and
| ||||||
6 | (Y) One representative of primary care service | ||||||
7 | providers. | ||||||
8 | The Director of Aging, in collaboration with the Directors | ||||||
9 | of Public Health and Healthcare and Family Services, may | ||||||
10 | appoint additional citizen members to the Older Adult Services | ||||||
11 | Advisory Committee. Each such additional member must be either | ||||||
12 | an individual age 60 or older or an uncompensated caregiver for | ||||||
13 | a family member or friend who is age 60 or older.
| ||||||
14 | (c) Voting members of the Advisory Committee shall serve | ||||||
15 | for a term of 3 years or until a replacement is named. All | ||||||
16 | members shall be appointed no later than January 1, 2005. Of | ||||||
17 | the initial appointees, as determined by lot, 10 members shall | ||||||
18 | serve a term of one year; 10 shall serve for a term of 2 years; | ||||||
19 | and 12 shall serve for a term of 3 years. Any member appointed | ||||||
20 | to fill a vacancy occurring prior to the expiration of the term | ||||||
21 | for which his or her predecessor was appointed shall be | ||||||
22 | appointed for the remainder of that term. The Advisory | ||||||
23 | Committee shall meet at least quarterly and may meet more | ||||||
24 | frequently at the call of the Chair. A simple majority of those | ||||||
25 | appointed shall constitute a quorum. The affirmative vote of a | ||||||
26 | majority of those present and voting shall be necessary for |
| |||||||
| |||||||
1 | Advisory Committee action. Members of the Advisory Committee | ||||||
2 | shall receive no compensation for their services.
| ||||||
3 | (d) The Advisory Committee shall have an Executive | ||||||
4 | Committee comprised of the Chair, the Vice Chairs, and up to 15 | ||||||
5 | members of the Advisory Committee appointed by the Chair who | ||||||
6 | have demonstrated expertise in developing, implementing, or | ||||||
7 | coordinating the system restructuring initiatives defined in | ||||||
8 | Section 25. The Executive Committee shall have responsibility | ||||||
9 | to oversee and structure the operations of the Advisory | ||||||
10 | Committee and to create and appoint necessary subcommittees and | ||||||
11 | subcommittee members.
| ||||||
12 | (e) The Advisory Committee shall study and make | ||||||
13 | recommendations related to the implementation of this Act, | ||||||
14 | including but not limited to system restructuring initiatives | ||||||
15 | as defined in Section 25 or otherwise related to this Act.
| ||||||
16 | (Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.)
| ||||||
17 | (325 ILCS 25/Act rep.)
| ||||||
18 | Section 10-185. The High Risk Youth Career Development Act | ||||||
19 | is repealed.
| ||||||
20 | (410 ILCS 48/25 rep.) | ||||||
21 | (410 ILCS 48/30 rep.) | ||||||
22 | Section 10-190. The Brominated Fire Retardant Prevention | ||||||
23 | Act is amended by repealing Sections 25 and 30.
|
| |||||||
| |||||||
1 | Section 10-195. The Environmental Protection Act is | ||||||
2 | amended by changing Sections 21.6, 22.15, 22.28, 22.29, 55, | ||||||
3 | 55.6, and 58.15 as follows:
| ||||||
4 | (415 ILCS 5/21.6) (from Ch. 111 1/2, par. 1021.6)
| ||||||
5 | Sec. 21.6. Materials disposal ban.
| ||||||
6 | (a) Beginning July 1, 1996, no person may knowingly mix | ||||||
7 | liquid used oil
with any municipal waste that is intended for | ||||||
8 | collection and disposal at a
landfill.
| ||||||
9 | (b) Beginning July 1, 1996, no owner or operator of a | ||||||
10 | sanitary landfill
shall accept for final disposal liquid used | ||||||
11 | oil that
is discernible in the course of prudent business | ||||||
12 | operation.
| ||||||
13 | (c) For purposes of this Section, "liquid used oil" does | ||||||
14 | not
include used oil filters, rags, absorbent material used to | ||||||
15 | collect spilled oil
or other materials incidentally | ||||||
16 | contaminated with used oil, or empty containers
which | ||||||
17 | previously contained virgin oil, re-refined oil, or used oil.
| ||||||
18 | (d) (Blank). The Agency and the Department of Commerce and | ||||||
19 | Economic Opportunity
shall investigate the manner in which | ||||||
20 | liquid used oil is currently being
utilized and potential | ||||||
21 | prospects for future use.
| ||||||
22 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
23 | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
| ||||||
24 | Sec. 22.15. Solid Waste Management Fund; fees.
|
| |||||||
| |||||||
1 | (a) There is hereby created within the State Treasury a
| ||||||
2 | special fund to be known as the "Solid Waste Management Fund", | ||||||
3 | to be
constituted from the fees collected by the State pursuant | ||||||
4 | to this Section
and from repayments of loans made from the Fund | ||||||
5 | for solid waste projects.
Moneys received by the Department of | ||||||
6 | Commerce and Economic Opportunity
in repayment of loans made | ||||||
7 | pursuant to the Illinois Solid Waste Management
Act shall be | ||||||
8 | deposited into the General Revenue Fund.
| ||||||
9 | (b) The Agency shall assess and collect a
fee in the amount | ||||||
10 | set forth herein from the owner or operator of each sanitary
| ||||||
11 | landfill permitted or required to be permitted by the Agency to | ||||||
12 | dispose of
solid waste if the sanitary landfill is located off | ||||||
13 | the site where such waste
was produced and if such sanitary | ||||||
14 | landfill is owned, controlled, and operated
by a person other | ||||||
15 | than the generator of such waste. The Agency shall deposit
all | ||||||
16 | fees collected into the Solid Waste Management Fund. If a site | ||||||
17 | is
contiguous to one or more landfills owned or operated by the | ||||||
18 | same person, the
volumes permanently disposed of by each | ||||||
19 | landfill shall be combined for purposes
of determining the fee | ||||||
20 | under this subsection.
| ||||||
21 | (1) If more than 150,000 cubic yards of non-hazardous | ||||||
22 | solid waste is
permanently disposed of at a site in a | ||||||
23 | calendar year, the owner or operator
shall either pay a fee | ||||||
24 | of 95 cents per cubic yard or,
alternatively, the owner or | ||||||
25 | operator may weigh the quantity of the solid waste
| ||||||
26 | permanently disposed of with a device for which |
| |||||||
| |||||||
1 | certification has been obtained
under the Weights and | ||||||
2 | Measures Act and pay a fee of $2.00 per
ton of solid waste | ||||||
3 | permanently disposed of. In no case shall the fee collected
| ||||||
4 | or paid by the owner or operator under this paragraph | ||||||
5 | exceed $1.55 per cubic yard or $3.27 per ton.
| ||||||
6 | (2) If more than 100,000 cubic yards but not more than | ||||||
7 | 150,000 cubic
yards of non-hazardous waste is permanently | ||||||
8 | disposed of at a site in a calendar
year, the owner or | ||||||
9 | operator shall pay a fee of $52,630.
| ||||||
10 | (3) If more than 50,000 cubic yards but not more than | ||||||
11 | 100,000 cubic
yards of non-hazardous solid waste is | ||||||
12 | permanently disposed of at a site
in a calendar year, the | ||||||
13 | owner or operator shall pay a fee of $23,790.
| ||||||
14 | (4) If more than 10,000 cubic yards but not more than | ||||||
15 | 50,000 cubic
yards of non-hazardous solid waste is | ||||||
16 | permanently disposed of at a site
in a calendar year, the | ||||||
17 | owner or operator shall pay a fee of $7,260.
| ||||||
18 | (5) If not more than 10,000 cubic yards of | ||||||
19 | non-hazardous solid waste is
permanently disposed of at a | ||||||
20 | site in a calendar year, the owner or operator
shall pay a | ||||||
21 | fee of $1050.
| ||||||
22 | (c) (Blank).
| ||||||
23 | (d) The Agency shall establish rules relating to the | ||||||
24 | collection of the
fees authorized by this Section. Such rules | ||||||
25 | shall include, but not be
limited to:
| ||||||
26 | (1) necessary records identifying the quantities of |
| |||||||
| |||||||
1 | solid waste received
or disposed;
| ||||||
2 | (2) the form and submission of reports to accompany the | ||||||
3 | payment of fees
to the Agency;
| ||||||
4 | (3) the time and manner of payment of fees to the | ||||||
5 | Agency, which payments
shall not be more often than | ||||||
6 | quarterly; and
| ||||||
7 | (4) procedures setting forth criteria establishing | ||||||
8 | when an owner or
operator may measure by weight or volume | ||||||
9 | during any given quarter or other
fee payment period.
| ||||||
10 | (e) Pursuant to appropriation, all monies in the Solid | ||||||
11 | Waste Management
Fund shall be used by the Agency and the | ||||||
12 | Department of Commerce and Economic Opportunity for the | ||||||
13 | purposes set forth in this Section and in the Illinois
Solid | ||||||
14 | Waste Management Act, including for the costs of fee collection | ||||||
15 | and
administration.
| ||||||
16 | (f) The Agency is authorized to enter into such agreements | ||||||
17 | and to
promulgate such rules as are necessary to carry out its | ||||||
18 | duties under this
Section and the Illinois Solid Waste | ||||||
19 | Management Act.
| ||||||
20 | (g) On the first day of January, April, July, and October | ||||||
21 | of each year,
beginning on July 1, 1996, the State Comptroller | ||||||
22 | and Treasurer shall
transfer $500,000 from the Solid Waste | ||||||
23 | Management Fund to the Hazardous Waste
Fund. Moneys transferred | ||||||
24 | under this subsection (g) shall be used only for the
purposes | ||||||
25 | set forth in item (1) of subsection (d) of Section 22.2.
| ||||||
26 | (h) The Agency is authorized to provide financial |
| |||||||
| |||||||
1 | assistance to units of
local government for the performance of | ||||||
2 | inspecting, investigating and
enforcement activities pursuant | ||||||
3 | to Section 4(r) at nonhazardous solid
waste disposal sites.
| ||||||
4 | (i) The Agency is authorized to support the operations of | ||||||
5 | an industrial
materials exchange service, and to conduct | ||||||
6 | household waste collection and
disposal programs.
| ||||||
7 | (j) A unit of local government, as defined in the Local | ||||||
8 | Solid Waste Disposal
Act, in which a solid waste disposal | ||||||
9 | facility is located may establish a fee,
tax, or surcharge with | ||||||
10 | regard to the permanent disposal of solid waste.
All fees, | ||||||
11 | taxes, and surcharges collected under this subsection shall be
| ||||||
12 | utilized for solid waste management purposes, including | ||||||
13 | long-term monitoring
and maintenance of landfills, planning, | ||||||
14 | implementation, inspection, enforcement
and other activities | ||||||
15 | consistent with the Solid Waste Management Act and the
Local | ||||||
16 | Solid Waste Disposal Act, or for any other environment-related | ||||||
17 | purpose,
including but not limited to an environment-related | ||||||
18 | public works project, but
not for the construction of a new | ||||||
19 | pollution control facility other than a
household hazardous | ||||||
20 | waste facility. However, the total fee, tax or surcharge
| ||||||
21 | imposed by all units of local government under this subsection | ||||||
22 | (j) upon the
solid waste disposal facility shall not exceed:
| ||||||
23 | (1) 60¢ per cubic yard if more than 150,000 cubic yards | ||||||
24 | of non-hazardous
solid waste is permanently disposed of at | ||||||
25 | the site in a calendar year, unless
the owner or operator | ||||||
26 | weighs the quantity of the solid waste received with a
|
| |||||||
| |||||||
1 | device for which certification has been obtained under the | ||||||
2 | Weights and Measures
Act, in which case the fee shall not | ||||||
3 | exceed $1.27 per ton of solid waste
permanently disposed | ||||||
4 | of.
| ||||||
5 | (2) $33,350 if more than 100,000
cubic yards, but not | ||||||
6 | more than 150,000 cubic yards, of non-hazardous waste
is | ||||||
7 | permanently disposed of at the site in a calendar year.
| ||||||
8 | (3) $15,500 if more than 50,000 cubic
yards, but not | ||||||
9 | more than 100,000 cubic yards, of non-hazardous solid waste | ||||||
10 | is
permanently disposed of at the site in a calendar year.
| ||||||
11 | (4) $4,650 if more than 10,000 cubic
yards, but not | ||||||
12 | more than 50,000 cubic yards, of non-hazardous solid waste
| ||||||
13 | is permanently disposed of at the site in a calendar year.
| ||||||
14 | (5) $$650 if not more than 10,000 cubic
yards of | ||||||
15 | non-hazardous solid waste is permanently disposed of at the | ||||||
16 | site in
a calendar year.
| ||||||
17 | The corporate authorities of the unit of local government
| ||||||
18 | may use proceeds from the fee, tax, or surcharge to reimburse a | ||||||
19 | highway
commissioner whose road district lies wholly or | ||||||
20 | partially within the
corporate limits of the unit of local | ||||||
21 | government for expenses incurred in
the removal of | ||||||
22 | nonhazardous, nonfluid municipal waste that has been dumped
on | ||||||
23 | public property in violation of a State law or local ordinance.
| ||||||
24 | A county or Municipal Joint Action Agency that imposes a | ||||||
25 | fee, tax, or
surcharge under this subsection may use the | ||||||
26 | proceeds thereof to reimburse a
municipality that lies wholly |
| |||||||
| |||||||
1 | or partially within its boundaries for expenses
incurred in the | ||||||
2 | removal of nonhazardous, nonfluid municipal waste that has been
| ||||||
3 | dumped on public property in violation of a State law or local | ||||||
4 | ordinance.
| ||||||
5 | If the fees are to be used to conduct a local sanitary | ||||||
6 | landfill
inspection or enforcement program, the unit of local | ||||||
7 | government must enter
into a written delegation agreement with | ||||||
8 | the Agency pursuant to subsection
(r) of Section 4. The unit of | ||||||
9 | local government and the Agency shall enter
into such a written | ||||||
10 | delegation agreement within 60 days after the
establishment of | ||||||
11 | such fees. At least annually,
the Agency shall conduct an audit | ||||||
12 | of the expenditures made by units of local
government from the | ||||||
13 | funds granted by the Agency to the units of local
government | ||||||
14 | for purposes of local sanitary landfill inspection and | ||||||
15 | enforcement
programs, to ensure that the funds have been | ||||||
16 | expended for the prescribed
purposes under the grant.
| ||||||
17 | The fees, taxes or surcharges collected under this | ||||||
18 | subsection (j) shall
be placed by the unit of local government | ||||||
19 | in a separate fund, and the
interest received on the moneys in | ||||||
20 | the fund shall be credited to the fund. The
monies in the fund | ||||||
21 | may be accumulated over a period of years to be
expended in | ||||||
22 | accordance with this subsection.
| ||||||
23 | A unit of local government, as defined in the Local Solid | ||||||
24 | Waste Disposal
Act, shall prepare and distribute to the Agency, | ||||||
25 | in April of each year, a
report that details spending plans for | ||||||
26 | monies collected in accordance with
this subsection. The report |
| |||||||
| |||||||
1 | will at a minimum include the following:
| ||||||
2 | (1) The total monies collected pursuant to this | ||||||
3 | subsection.
| ||||||
4 | (2) The most current balance of monies collected | ||||||
5 | pursuant to this
subsection.
| ||||||
6 | (3) An itemized accounting of all monies expended for | ||||||
7 | the previous year
pursuant to this subsection.
| ||||||
8 | (4) An estimation of monies to be collected for the | ||||||
9 | following 3
years pursuant to this subsection.
| ||||||
10 | (5) A narrative detailing the general direction and | ||||||
11 | scope of future
expenditures for one, 2 and 3 years.
| ||||||
12 | The exemptions granted under Sections 22.16 and 22.16a, and | ||||||
13 | under
subsection (k) of this Section, shall be applicable to | ||||||
14 | any fee,
tax or surcharge imposed under this subsection (j); | ||||||
15 | except that the fee,
tax or surcharge authorized to be imposed | ||||||
16 | under this subsection (j) may be
made applicable by a unit of | ||||||
17 | local government to the permanent disposal of
solid waste after | ||||||
18 | December 31, 1986, under any contract lawfully executed
before | ||||||
19 | June 1, 1986 under which more than 150,000 cubic yards (or | ||||||
20 | 50,000 tons)
of solid waste is to be permanently disposed of, | ||||||
21 | even though the waste is
exempt from the fee imposed by the | ||||||
22 | State under subsection (b) of this Section
pursuant to an | ||||||
23 | exemption granted under Section 22.16.
| ||||||
24 | (k) In accordance with the findings and purposes of the | ||||||
25 | Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||||||
26 | the fee under subsection
(b) and the fee, tax or surcharge |
| |||||||
| |||||||
1 | under subsection (j) shall not apply to:
| ||||||
2 | (1) Waste which is hazardous waste; or
| ||||||
3 | (2) Waste which is pollution control waste; or
| ||||||
4 | (3) Waste from recycling, reclamation or reuse | ||||||
5 | processes which have been
approved by the Agency as being | ||||||
6 | designed to remove any contaminant from
wastes so as to | ||||||
7 | render such wastes reusable, provided that the process
| ||||||
8 | renders at least 50% of the waste reusable; or
| ||||||
9 | (4) Non-hazardous solid waste that is received at a | ||||||
10 | sanitary landfill
and composted or recycled through a | ||||||
11 | process permitted by the Agency; or
| ||||||
12 | (5) Any landfill which is permitted by the Agency to | ||||||
13 | receive only
demolition or construction debris or | ||||||
14 | landscape waste.
| ||||||
15 | (Source: P.A. 97-333, eff. 8-12-11.)
| ||||||
16 | (415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
| ||||||
17 | Sec. 22.28. White goods.
| ||||||
18 | (a) No Beginning July 1, 1994, no person shall knowingly | ||||||
19 | offer for
collection or collect white goods for the purpose of | ||||||
20 | disposal by
landfilling unless the white good components have | ||||||
21 | been removed.
| ||||||
22 | (b) No Beginning July 1, 1994, no owner or operator of a | ||||||
23 | landfill shall
accept any white goods for final disposal, | ||||||
24 | except that white goods may be
accepted if:
| ||||||
25 | (1) (blank); the landfill participates in the |
| |||||||
| |||||||
1 | Industrial Materials Exchange
Service by communicating the | ||||||
2 | availability of white goods;
| ||||||
3 | (2) prior to final disposal, any white good components | ||||||
4 | have been
removed from the white goods; and
| ||||||
5 | (3) if white good components are removed from the white | ||||||
6 | goods at the
landfill, a site operating plan satisfying | ||||||
7 | this Act has been approved under
the landfill's site | ||||||
8 | operating permit and the conditions of the such operating | ||||||
9 | plan are met.
| ||||||
10 | (c) For the purposes of this Section:
| ||||||
11 | (1) "White goods" shall include all discarded | ||||||
12 | refrigerators, ranges,
water heaters, freezers, air | ||||||
13 | conditioners, humidifiers and other similar
domestic and | ||||||
14 | commercial large appliances.
| ||||||
15 | (2) "White good components" shall include:
| ||||||
16 | (i) any chlorofluorocarbon refrigerant gas;
| ||||||
17 | (ii) any electrical switch containing mercury;
| ||||||
18 | (iii) any device that contains or may contain PCBs | ||||||
19 | in a closed system,
such as a dielectric fluid for a | ||||||
20 | capacitor, ballast or other component;
and
| ||||||
21 | (iv) any fluorescent lamp that contains mercury.
| ||||||
22 | (d) The Agency is authorized to provide financial | ||||||
23 | assistance to units of
local government from the Solid Waste | ||||||
24 | Management Fund to plan for and
implement programs to collect, | ||||||
25 | transport and manage white goods.
Units of local government may | ||||||
26 | apply jointly for financial
assistance under this Section.
|
| |||||||
| |||||||
1 | Applications for such financial assistance shall be | ||||||
2 | submitted to the
Agency and must provide a description of:
| ||||||
3 | (A) the area to be served by the program;
| ||||||
4 | (B) the white goods intended to be included in the | ||||||
5 | program;
| ||||||
6 | (C) the methods intended to be used for collecting | ||||||
7 | and receiving
materials;
| ||||||
8 | (D) the property, buildings, equipment and | ||||||
9 | personnel included in
the program;
| ||||||
10 | (E) the public education systems to be used as part | ||||||
11 | of the program;
| ||||||
12 | (F) the safety and security systems that will be | ||||||
13 | used;
| ||||||
14 | (G) the intended processing methods for each white | ||||||
15 | goods type;
| ||||||
16 | (H) the intended destination for final material | ||||||
17 | handling location; and
| ||||||
18 | (I) any staging sites used to handle collected | ||||||
19 | materials, the
activities to be performed at such sites | ||||||
20 | and the procedures for assuring
removal of collected | ||||||
21 | materials from such sites.
| ||||||
22 | The application may be amended to reflect changes in | ||||||
23 | operating
procedures, destinations for collected materials, or | ||||||
24 | other factors.
| ||||||
25 | Financial assistance shall be awarded for a State fiscal | ||||||
26 | year, and
may be renewed, upon application, if the Agency |
| |||||||
| |||||||
1 | approves the operation
of the program.
| ||||||
2 | (e) All materials collected or received under a program | ||||||
3 | operated with
financial assistance under this Section shall be | ||||||
4 | recycled whenever
possible. Treatment or disposal of collected | ||||||
5 | materials are not eligible
for financial assistance unless the | ||||||
6 | applicant shows and the Agency approves
which materials may be | ||||||
7 | treated or disposed of under various conditions.
| ||||||
8 | Any revenue from the sale of materials collected under such | ||||||
9 | a program
shall be retained by the unit of local government and | ||||||
10 | may be used only for
the same purposes as the financial | ||||||
11 | assistance under this Section.
| ||||||
12 | (f) The Agency is authorized to adopt rules necessary or | ||||||
13 | appropriate to
the administration of this Section.
| ||||||
14 | (g) (Blank).
| ||||||
15 | (Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
| ||||||
16 | (415 ILCS 5/22.29) (from Ch. 111 1/2, par. 1022.29)
| ||||||
17 | Sec. 22.29.
(a) Except as provided in subsection (c), any | ||||||
18 | waste
material generated by processing recyclable metals by | ||||||
19 | shredding shall be
managed as a special waste unless (1) a site | ||||||
20 | operating plan has been
approved by the Agency and the | ||||||
21 | conditions of such operating plan are met ;
and (2) the facility | ||||||
22 | participates in the Industrial Materials Exchange
Service by | ||||||
23 | communicating availability to process recyclable metals .
| ||||||
24 | (b) An operating plan submitted to the Agency under this | ||||||
25 | Section shall
include the following concerning recyclable |
| |||||||
| |||||||
1 | metals processing and
components which may contaminate waste | ||||||
2 | from shredding recyclable metals
(such as lead acid batteries, | ||||||
3 | fuel tanks, or components that contain or may
contain PCB's in | ||||||
4 | a closed system such as a capacitor or ballast):
| ||||||
5 | (1) procedures for inspecting recyclable metals when | ||||||
6 | received to
assure that such components are identified;
| ||||||
7 | (2) a list of equipment and removal procedures to be | ||||||
8 | used to assure
proper removal of such components;
| ||||||
9 | (3) procedures for safe storage of such components | ||||||
10 | after removal and
any waste materials;
| ||||||
11 | (4) procedures to assure that such components and waste | ||||||
12 | materials will
only be stored for a period long enough to | ||||||
13 | accumulate the proper quantities
for off-site | ||||||
14 | transportation;
| ||||||
15 | (5) identification of how such components and waste | ||||||
16 | materials will be
managed after removal from the site to | ||||||
17 | assure proper handling and disposal;
| ||||||
18 | (6) procedures for sampling and analyzing waste | ||||||
19 | intended for disposal
or off-site handling as a waste;
| ||||||
20 | (7) a demonstration, including analytical reports, | ||||||
21 | that any waste
generated is not a hazardous waste and will | ||||||
22 | not pose a present or potential
threat to human health or | ||||||
23 | the environment.
| ||||||
24 | (c) Any waste generated as a result of processing | ||||||
25 | recyclable metals by
shredding which is determined to be | ||||||
26 | hazardous waste shall be managed as
a hazardous waste.
|
| |||||||
| |||||||
1 | (d) The Agency is authorized to adopt rules necessary or | ||||||
2 | appropriate to
the administration of this Section.
| ||||||
3 | (Source: P.A. 87-806; 87-895 .)
| ||||||
4 | (415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
| ||||||
5 | Sec. 55. Prohibited activities.
| ||||||
6 | (a) No person shall:
| ||||||
7 | (1) Cause or allow the open dumping of any used or | ||||||
8 | waste tire.
| ||||||
9 | (2) Cause or allow the open burning of any used or | ||||||
10 | waste tire.
| ||||||
11 | (3) Except at a tire storage site which contains more | ||||||
12 | than 50 used
tires, cause or allow the storage of any used | ||||||
13 | tire unless the tire is
altered, reprocessed, converted, | ||||||
14 | covered, or otherwise prevented from
accumulating water.
| ||||||
15 | (4) Cause or allow the operation of a tire storage site | ||||||
16 | except in
compliance with Board regulations.
| ||||||
17 | (5) Abandon, dump or dispose of any used or waste tire | ||||||
18 | on private or
public property, except in a sanitary | ||||||
19 | landfill approved by the Agency
pursuant to regulations | ||||||
20 | adopted by the Board.
| ||||||
21 | (6) Fail to submit required reports, tire removal | ||||||
22 | agreements,
or Board regulations.
| ||||||
23 | (b) (Blank.)
| ||||||
24 | (b-1) No Beginning January 1, 1995,
no person shall | ||||||
25 | knowingly mix any used or waste tire, either whole or cut, with
|
| |||||||
| |||||||
1 | municipal waste, and no owner or operator of a sanitary | ||||||
2 | landfill shall accept
any used or waste tire for final | ||||||
3 | disposal; except that used or waste tires,
when separated from | ||||||
4 | other waste, may be accepted if : (1) the sanitary landfill
| ||||||
5 | provides and maintains a means for shredding, slitting, or | ||||||
6 | chopping whole tires
and so treats whole tires and, if approved | ||||||
7 | by the Agency in a permit issued
under this Act, uses the used | ||||||
8 | or waste tires for alternative uses, which may
include on-site | ||||||
9 | practices such as lining of roadways with tire scraps,
| ||||||
10 | alternative daily cover, or use in a leachate collection system | ||||||
11 | or (2) the
sanitary landfill, by its notification to the | ||||||
12 | Illinois Industrial Materials
Exchange Service, makes | ||||||
13 | available the used or waste tire to an appropriate
facility for | ||||||
14 | reuse, reprocessing, or converting, including use as an | ||||||
15 | alternate
energy fuel. If, within 30 days after notification to | ||||||
16 | the Illinois Industrial
Materials Exchange Service of the | ||||||
17 | availability of waste tires, no specific
request for the used | ||||||
18 | or waste tires is received by the sanitary landfill, and
the | ||||||
19 | sanitary landfill determines it has no alternative use for | ||||||
20 | those used or
waste tires, the sanitary landfill may dispose of | ||||||
21 | slit, chopped, or
shredded used or waste tires in the sanitary | ||||||
22 | landfill .
In the event the physical condition of a used or | ||||||
23 | waste tire makes shredding,
slitting, chopping, reuse, | ||||||
24 | reprocessing, or other alternative use of the used
or waste | ||||||
25 | tire impractical or infeasible, then the sanitary landfill, | ||||||
26 | after
authorization by the Agency, may accept the used or waste |
| |||||||
| |||||||
1 | tire for disposal.
| ||||||
2 | Sanitary landfills and facilities for reuse, reprocessing, | ||||||
3 | or converting,
including use as alternative fuel, shall (i) | ||||||
4 | notify the Illinois Industrial
Materials Exchange Service of | ||||||
5 | the availability of and demand for used or waste
tires and (ii) | ||||||
6 | consult with the Department of Commerce and Economic | ||||||
7 | Opportunity
regarding the status of marketing of waste tires to | ||||||
8 | facilities for reuse.
| ||||||
9 | (c) Any person who sells new or used
tires at retail or | ||||||
10 | operates a tire storage
site or a tire disposal site which | ||||||
11 | contains more than 50 used or waste
tires shall give notice of | ||||||
12 | such activity to the Agency. Any person
engaging in such | ||||||
13 | activity for the first time after January 1, 1990, shall
give | ||||||
14 | notice to the Agency within 30 days after the date of | ||||||
15 | commencement of
the activity. The form of such notice shall be | ||||||
16 | specified by the Agency and
shall be limited to information | ||||||
17 | regarding the following:
| ||||||
18 | (1) the name and address of the owner and operator;
| ||||||
19 | (2) the name, address and location of the operation;
| ||||||
20 | (3) the type of operations involving used and waste | ||||||
21 | tires (storage,
disposal, conversion or processing); and
| ||||||
22 | (4) the number of used and waste tires present at the | ||||||
23 | location.
| ||||||
24 | (d) Beginning January 1, 1992, no person shall cause or | ||||||
25 | allow the
operation of:
| ||||||
26 | (1) a tire storage site which contains more than 50 |
| |||||||
| |||||||
1 | used tires,
unless the owner or operator, by January 1, | ||||||
2 | 1992 (or the January 1
following commencement of operation, | ||||||
3 | whichever is later) and January 1 of
each year thereafter, | ||||||
4 | (i) registers the site with the Agency, except that the | ||||||
5 | registration requirement in this item (i) does not apply in | ||||||
6 | the case of a tire storage site required to be permitted | ||||||
7 | under subsection (d-5), (ii)
certifies to the Agency that | ||||||
8 | the site complies with any applicable
standards adopted by | ||||||
9 | the Board pursuant to Section 55.2, (iii) reports to
the | ||||||
10 | Agency the number of tires accumulated, the status of | ||||||
11 | vector controls,
and the actions taken to handle and | ||||||
12 | process the tires, and (iv) pays the
fee required under | ||||||
13 | subsection (b) of Section 55.6; or
| ||||||
14 | (2) a tire disposal site, unless the owner or operator | ||||||
15 | (i) has
received approval from the Agency after filing a | ||||||
16 | tire removal agreement
pursuant to Section 55.4, or (ii) | ||||||
17 | has entered into a written agreement to
participate in a | ||||||
18 | consensual removal action under Section 55.3.
| ||||||
19 | The Agency shall provide written forms for the annual | ||||||
20 | registration and
certification required under this subsection | ||||||
21 | (d).
| ||||||
22 | (d-4) On or before January 1, 2015, the owner or operator | ||||||
23 | of each tire storage site that contains used tires totaling | ||||||
24 | more than 10,000 passenger tire equivalents, or at which more | ||||||
25 | than 500 tons of used tires are processed in a calendar year, | ||||||
26 | shall submit documentation demonstrating its compliance with |
| |||||||
| |||||||
1 | Board rules adopted under this Title. This documentation must | ||||||
2 | be submitted on forms and in a format prescribed by the Agency. | ||||||
3 | (d-5) Beginning July 1, 2016, no person shall cause or | ||||||
4 | allow the operation of a tire storage site that contains used | ||||||
5 | tires totaling more than 10,000 passenger tire equivalents, or | ||||||
6 | at which more than 500 tons of used tires are processed in a | ||||||
7 | calendar year, without a permit granted by the Agency or in | ||||||
8 | violation of any conditions imposed by that permit, including | ||||||
9 | periodic reports and full access to adequate records and the | ||||||
10 | inspection of facilities, as may be necessary to ensure | ||||||
11 | compliance with this Act and with regulations and standards | ||||||
12 | adopted under this Act. | ||||||
13 | (d-6) No person shall cause or allow the operation of a | ||||||
14 | tire storage site in violation of the financial assurance rules | ||||||
15 | established by the Board under subsection (b) of Section 55.2 | ||||||
16 | of this Act. In addition to the remedies otherwise provided | ||||||
17 | under this Act, the State's Attorney of the county in which the | ||||||
18 | violation occurred, or the Attorney General, may, at the | ||||||
19 | request of the Agency or on his or her own motion, institute a | ||||||
20 | civil action for an immediate injunction, prohibitory or | ||||||
21 | mandatory, to restrain any violation of this subsection (d-6) | ||||||
22 | or to require any other action as may be necessary to abate or | ||||||
23 | mitigate any immediate danger or threat to public health or the | ||||||
24 | environment at the site. Injunctions to restrain a violation of | ||||||
25 | this subsection (d-6) may include, but are not limited to, the | ||||||
26 | required removal of all tires for which financial assurance is |
| |||||||
| |||||||
1 | not maintained and a prohibition against the acceptance of | ||||||
2 | tires in excess of the amount for which financial assurance is | ||||||
3 | maintained. | ||||||
4 | (e) No person shall cause or allow the storage, disposal, | ||||||
5 | treatment or
processing of any used or waste tire in violation | ||||||
6 | of any regulation or
standard adopted by the Board.
| ||||||
7 | (f) No person shall arrange for the transportation of used | ||||||
8 | or waste tires
away from the site of generation with a person | ||||||
9 | known to openly dump such tires.
| ||||||
10 | (g) No person shall engage in any operation as a used or | ||||||
11 | waste tire
transporter except in compliance with Board | ||||||
12 | regulations.
| ||||||
13 | (h) No person shall cause or allow the combustion of any | ||||||
14 | used or waste
tire in an enclosed device unless a permit has | ||||||
15 | been issued by the Agency
authorizing such combustion pursuant | ||||||
16 | to regulations adopted by the Board
for the control of air | ||||||
17 | pollution and consistent with the provisions of
Section 9.4 of | ||||||
18 | this Act.
| ||||||
19 | (i) No person shall cause or allow the use of pesticides to | ||||||
20 | treat tires
except as prescribed by Board regulations.
| ||||||
21 | (j) No person shall fail to comply with the terms of a tire | ||||||
22 | removal
agreement approved by the Agency pursuant to Section | ||||||
23 | 55.4.
| ||||||
24 | (k) No person shall: | ||||||
25 | (1) Cause or allow water to accumulate in used or waste | ||||||
26 | tires. The prohibition set forth in this paragraph (1) of |
| |||||||
| |||||||
1 | subsection (k) shall not apply to used or waste tires | ||||||
2 | located at a residential household, as long as not more | ||||||
3 | than 12 used or waste tires are located at the site. | ||||||
4 | (2) Fail to collect a fee required under Section 55.8 | ||||||
5 | of this Title. | ||||||
6 | (3) Fail to file a return required under Section 55.10 | ||||||
7 | of this Title. | ||||||
8 | (4) Transport used or waste tires in violation of the | ||||||
9 | registration and vehicle placarding requirements adopted | ||||||
10 | by the Board. | ||||||
11 | (Source: P.A. 98-656, eff. 6-19-14.)
| ||||||
12 | (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
| ||||||
13 | Sec. 55.6. Used Tire Management Fund.
| ||||||
14 | (a) There is hereby created in the State Treasury a special
| ||||||
15 | fund to be known as the Used Tire Management Fund. There shall | ||||||
16 | be
deposited into the Fund all monies received as (1) recovered | ||||||
17 | costs or
proceeds from the sale of used tires under Section | ||||||
18 | 55.3 of this Act, (2)
repayment of loans from the Used Tire | ||||||
19 | Management Fund, or (3) penalties or
punitive damages for | ||||||
20 | violations of this Title, except as provided by
subdivision | ||||||
21 | (b)(4) or (b)(4-5) of Section 42.
| ||||||
22 | (b) Beginning January 1, 1992, in addition to any other | ||||||
23 | fees required by
law, the owner or operator of each site | ||||||
24 | required to be registered or permitted under
subsection (d) or | ||||||
25 | (d-5) of Section 55 shall pay to the Agency an annual fee of |
| |||||||
| |||||||
1 | $100.
Fees collected under this subsection shall be deposited | ||||||
2 | into the Environmental
Protection Permit and Inspection Fund.
| ||||||
3 | (c) Pursuant to appropriation, monies up to an amount of $2 | ||||||
4 | million per
fiscal year from the Used Tire Management Fund | ||||||
5 | shall be allocated as follows:
| ||||||
6 | (1) 38% shall be available to the Agency for the | ||||||
7 | following
purposes, provided that priority shall be given | ||||||
8 | to item (i):
| ||||||
9 | (i) To undertake preventive, corrective or removal | ||||||
10 | action as
authorized by and in accordance with Section | ||||||
11 | 55.3, and
to recover costs in accordance with Section | ||||||
12 | 55.3.
| ||||||
13 | (ii) For the performance of inspection and | ||||||
14 | enforcement activities for
used and waste tire sites.
| ||||||
15 | (iii) (Blank). To assist with marketing of used | ||||||
16 | tires by augmenting the
operations of an industrial | ||||||
17 | materials exchange service.
| ||||||
18 | (iv) To provide financial assistance to units of | ||||||
19 | local government
for the performance of inspecting, | ||||||
20 | investigating and enforcement activities
pursuant to | ||||||
21 | subsection (r) of Section 4 at used and waste tire | ||||||
22 | sites.
| ||||||
23 | (v) To provide financial assistance for used and | ||||||
24 | waste tire collection
projects sponsored by local | ||||||
25 | government or not-for-profit corporations.
| ||||||
26 | (vi) For the costs of fee collection and |
| |||||||
| |||||||
1 | administration relating to
used and waste tires, and to | ||||||
2 | accomplish such other purposes as are
authorized by | ||||||
3 | this Act and regulations thereunder.
| ||||||
4 | (vii) To provide financial assistance to units of | ||||||
5 | local government and private industry for the purposes | ||||||
6 | of: | ||||||
7 | (A) assisting in the establishment of | ||||||
8 | facilities and programs to collect, process, and | ||||||
9 | utilize used and waste tires and tire-derived | ||||||
10 | materials; | ||||||
11 | (B) demonstrating the feasibility of | ||||||
12 | innovative technologies as a means of collecting, | ||||||
13 | storing, processing, and utilizing used and waste | ||||||
14 | tires and tire-derived materials; and | ||||||
15 | (C) applying demonstrated technologies as a | ||||||
16 | means of collecting, storing, processing, and | ||||||
17 | utilizing used and waste tires and tire-derived | ||||||
18 | materials. | ||||||
19 | (2) For fiscal years beginning prior to July 1, 2004,
| ||||||
20 | 23% shall be available to the Department of Commerce and
| ||||||
21 | Economic Opportunity for the following purposes, provided | ||||||
22 | that priority shall be
given to item (A):
| ||||||
23 | (A) To provide grants or loans for the purposes of:
| ||||||
24 | (i) assisting units of local government and | ||||||
25 | private industry in the
establishment of | ||||||
26 | facilities and programs to collect, process
and |
| |||||||
| |||||||
1 | utilize used and waste tires and tire derived | ||||||
2 | materials;
| ||||||
3 | (ii) demonstrating the feasibility of | ||||||
4 | innovative technologies as a
means of collecting, | ||||||
5 | storing, processing and utilizing used
and waste | ||||||
6 | tires and tire derived materials; and
| ||||||
7 | (iii) applying demonstrated technologies as a | ||||||
8 | means of collecting,
storing, processing, and | ||||||
9 | utilizing used and waste tires
and tire derived | ||||||
10 | materials.
| ||||||
11 | (B) To develop educational material for use by | ||||||
12 | officials and the public
to better understand and | ||||||
13 | respond to the problems posed by used tires and
| ||||||
14 | associated insects.
| ||||||
15 | (C) (Blank).
| ||||||
16 | (D) To perform such research as the Director deems | ||||||
17 | appropriate to
help meet the purposes of this Act.
| ||||||
18 | (E) To pay the costs of administration of its | ||||||
19 | activities authorized
under this Act.
| ||||||
20 | (2.1) For the fiscal year beginning July 1, 2004 and | ||||||
21 | for all fiscal years thereafter, 23% shall be deposited | ||||||
22 | into the General Revenue Fund.
| ||||||
23 | (3) 25% shall be available to the Illinois Department | ||||||
24 | of
Public Health for the following purposes:
| ||||||
25 | (A) To investigate threats or potential threats to | ||||||
26 | the public health
related to mosquitoes and other |
| |||||||
| |||||||
1 | vectors of disease associated with the
improper | ||||||
2 | storage, handling and disposal of tires, improper | ||||||
3 | waste disposal,
or natural conditions.
| ||||||
4 | (B) To conduct surveillance and monitoring | ||||||
5 | activities for
mosquitoes and other arthropod vectors | ||||||
6 | of disease, and surveillance of
animals which provide a | ||||||
7 | reservoir for disease-producing organisms.
| ||||||
8 | (C) To conduct training activities to promote | ||||||
9 | vector control programs
and integrated pest management | ||||||
10 | as defined in the Vector Control Act.
| ||||||
11 | (D) To respond to inquiries, investigate | ||||||
12 | complaints, conduct evaluations
and provide technical | ||||||
13 | consultation to help reduce or eliminate public
health | ||||||
14 | hazards and nuisance conditions associated with | ||||||
15 | mosquitoes and other
vectors.
| ||||||
16 | (E) To provide financial assistance to units of | ||||||
17 | local government for
training, investigation and | ||||||
18 | response to public nuisances associated with
| ||||||
19 | mosquitoes and other vectors of disease.
| ||||||
20 | (4) 2% shall be available to the Department of | ||||||
21 | Agriculture for its
activities under the Illinois | ||||||
22 | Pesticide Act relating to used and waste tires.
| ||||||
23 | (5) 2% shall be available to the Pollution Control | ||||||
24 | Board for
administration of its activities relating to used | ||||||
25 | and waste tires.
| ||||||
26 | (6) 10% shall be available to the Department of Natural |
| |||||||
| |||||||
1 | Resources for
the Illinois Natural History Survey to | ||||||
2 | perform research to study the biology,
distribution, | ||||||
3 | population ecology, and biosystematics of tire-breeding
| ||||||
4 | arthropods, especially mosquitoes, and the diseases they | ||||||
5 | spread.
| ||||||
6 | (d) By January 1, 1998, and biennially thereafter, each | ||||||
7 | State
agency receiving an appropriation from the Used Tire | ||||||
8 | Management Fund shall
report to the Governor and the General | ||||||
9 | Assembly on its activities relating to
the Fund.
| ||||||
10 | (e) Any monies appropriated from the Used Tire Management | ||||||
11 | Fund, but not
obligated, shall revert to the Fund.
| ||||||
12 | (f) In administering the provisions of subdivisions (1), | ||||||
13 | (2) and (3) of
subsection (c) of this Section, the Agency, the | ||||||
14 | Department of Commerce and
Economic Opportunity, and the | ||||||
15 | Illinois
Department of Public Health shall ensure that | ||||||
16 | appropriate funding
assistance is provided to any municipality | ||||||
17 | with a population over 1,000,000
or to any sanitary district | ||||||
18 | which serves a population over 1,000,000.
| ||||||
19 | (g) Pursuant to appropriation, monies in excess of $2 | ||||||
20 | million per fiscal
year from the Used Tire Management Fund | ||||||
21 | shall be used as follows:
| ||||||
22 | (1) 55% shall be available to the Agency for the | ||||||
23 | following purposes, provided that priority shall be given | ||||||
24 | to subparagraph (A): | ||||||
25 | (A) To undertake preventive,
corrective or renewed | ||||||
26 | action as authorized by and in accordance with
Section |
| |||||||
| |||||||
1 | 55.3 and to recover costs in accordance with Section | ||||||
2 | 55.3.
| ||||||
3 | (B) To provide financial assistance to units of | ||||||
4 | local government and private industry for the purposes | ||||||
5 | of: | ||||||
6 | (i) assisting in the establishment of | ||||||
7 | facilities and programs to collect, process, and | ||||||
8 | utilize used and waste tires and tire-derived | ||||||
9 | materials; | ||||||
10 | (ii) demonstrating the feasibility of | ||||||
11 | innovative technologies as a means of collecting, | ||||||
12 | storing, processing, and utilizing used and waste | ||||||
13 | tires and tire-derived materials; and | ||||||
14 | (iii) applying demonstrated technologies as a | ||||||
15 | means of collecting, storing, processing, and | ||||||
16 | utilizing used and waste tires and tire-derived | ||||||
17 | materials. | ||||||
18 | (2) For fiscal years beginning prior to July 1, 2004,
| ||||||
19 | 45% shall be available to the Department of Commerce and | ||||||
20 | Economic Opportunity to provide grants or loans for the | ||||||
21 | purposes of:
| ||||||
22 | (i) assisting units of local government and | ||||||
23 | private industry in the
establishment of facilities | ||||||
24 | and programs to collect, process and utilize
waste | ||||||
25 | tires and tire derived material;
| ||||||
26 | (ii) demonstrating the feasibility of innovative |
| |||||||
| |||||||
1 | technologies as a
means of collecting, storing, | ||||||
2 | processing, and utilizing used and waste tires
and tire | ||||||
3 | 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 | (3) For the fiscal year beginning July 1, 2004 and for | ||||||
9 | all fiscal years thereafter, 45% shall be deposited into | ||||||
10 | the General Revenue Fund.
| ||||||
11 | (Source: P.A. 98-656, eff. 6-19-14.)
| ||||||
12 | (415 ILCS 5/58.15)
| ||||||
13 | Sec. 58.15. Brownfields Programs.
| ||||||
14 | (A) Brownfields Redevelopment Loan Program.
| ||||||
15 | (a) The Agency shall establish and administer a revolving | ||||||
16 | loan program to
be known as the "Brownfields Redevelopment Loan | ||||||
17 | Program" for the purpose of
providing loans to be used for site | ||||||
18 | investigation, site remediation, or both,
at brownfields | ||||||
19 | sites. All principal, interest, and penalty payments from loans
| ||||||
20 | made under this subsection (A) shall be deposited into the
| ||||||
21 | Brownfields Redevelopment
Fund and reused in accordance with | ||||||
22 | this Section.
| ||||||
23 | (b) General requirements for loans:
| ||||||
24 | (1) Loans shall be at or below market interest rates in | ||||||
25 | accordance with
a
formula set forth in regulations |
| |||||||
| |||||||
1 | promulgated under subdivision (A)(c) of this
subsection | ||||||
2 | (A).
| ||||||
3 | (2) Loans shall be awarded subject to availability of | ||||||
4 | funding based on
the
order of receipt of applications | ||||||
5 | satisfying all requirements as set forth in
the regulations | ||||||
6 | promulgated under subdivision (A)(c) of
this subsection | ||||||
7 | (A).
| ||||||
8 | (3) The maximum loan amount under this subsection (A)
| ||||||
9 | for
any one project is
$1,000,000.
| ||||||
10 | (4) In addition to any requirements or conditions | ||||||
11 | placed on loans by
regulation, loan agreements under the | ||||||
12 | Brownfields Redevelopment Loan Program
shall include the | ||||||
13 | following requirements:
| ||||||
14 | (A) the loan recipient shall secure the loan | ||||||
15 | repayment obligation;
| ||||||
16 | (B) completion of the loan repayment shall not | ||||||
17 | exceed 15 years
or as otherwise prescribed by Agency | ||||||
18 | rule; and
| ||||||
19 | (C) loan agreements shall provide for a confession | ||||||
20 | of judgment by the
loan recipient upon default.
| ||||||
21 | (5) Loans shall not be used to cover expenses incurred | ||||||
22 | prior to the
approval of the loan application.
| ||||||
23 | (6) If the loan recipient fails to make timely payments | ||||||
24 | or otherwise
fails to meet its obligations as provided in | ||||||
25 | this subsection (A) or implementing
regulations, the | ||||||
26 | Agency is authorized to pursue the collection of the |
| |||||||
| |||||||
1 | amounts
past due, the outstanding loan balance, and the | ||||||
2 | costs thereby incurred, either
pursuant to the Illinois | ||||||
3 | State Collection Act of 1986 or by any other means
provided | ||||||
4 | by law, including the taking of title, by foreclosure or | ||||||
5 | otherwise,
to any project or other property pledged, | ||||||
6 | mortgaged, encumbered, or otherwise
available as security | ||||||
7 | or collateral.
| ||||||
8 | (c) The Agency shall have the authority to enter into any | ||||||
9 | contracts or
agreements that may be necessary to carry out its | ||||||
10 | duties or responsibilities
under this subsection (A). The | ||||||
11 | Agency shall have the authority
to promulgate
regulations | ||||||
12 | setting forth procedures and criteria for administering the
| ||||||
13 | Brownfields Redevelopment Loan Program. The regulations | ||||||
14 | promulgated by the
Agency for loans under this subsection (A) | ||||||
15 | shall include, but
need not be limited to,
the following | ||||||
16 | elements:
| ||||||
17 | (1) loan application requirements;
| ||||||
18 | (2) determination of credit worthiness of the loan | ||||||
19 | applicant;
| ||||||
20 | (3) types of security required for the loan;
| ||||||
21 | (4) types of collateral, as necessary, that can be | ||||||
22 | pledged for the loan;
| ||||||
23 | (5) special loan terms, as necessary, for securing the | ||||||
24 | repayment of the
loan;
| ||||||
25 | (6) maximum loan amounts;
| ||||||
26 | (7) purposes for which loans are available;
|
| |||||||
| |||||||
1 | (8) application periods and content of applications;
| ||||||
2 | (9) procedures for Agency review of loan applications, | ||||||
3 | loan approvals or
denials, and loan acceptance by the loan | ||||||
4 | recipient;
| ||||||
5 | (10) procedures for establishing interest rates;
| ||||||
6 | (11) requirements applicable to disbursement of loans | ||||||
7 | to loan
recipients;
| ||||||
8 | (12) requirements for securing loan repayment | ||||||
9 | obligations;
| ||||||
10 | (13) conditions or circumstances constituting default;
| ||||||
11 | (14) procedures for repayment of loans and delinquent | ||||||
12 | loans including,
but
not limited to, the initiation of | ||||||
13 | principal and interest payments following
loan acceptance;
| ||||||
14 | (15) loan recipient responsibilities for work | ||||||
15 | schedules, work plans,
reports, and record keeping;
| ||||||
16 | (16) evaluation of loan recipient performance, | ||||||
17 | including auditing and
access to sites and records;
| ||||||
18 | (17) requirements applicable to contracting and | ||||||
19 | subcontracting by the
loan recipient, including | ||||||
20 | procurement requirements;
| ||||||
21 | (18) penalties for noncompliance with loan | ||||||
22 | requirements and conditions,
including stop-work orders, | ||||||
23 | termination, and recovery of loan funds; and
| ||||||
24 | (19) indemnification of the State of Illinois and the | ||||||
25 | Agency by the
loan recipient.
| ||||||
26 | (d) Moneys in the Brownfields Redevelopment Fund may be |
| |||||||
| |||||||
1 | used as a source
of revenue or security for the principal and | ||||||
2 | interest on revenue or general
obligation bonds issued by the | ||||||
3 | State or any political subdivision or
instrumentality thereof, | ||||||
4 | if the proceeds of those bonds will be deposited
into the Fund.
| ||||||
5 | (B) Brownfields Site Restoration Program.
| ||||||
6 | (a) (1) The Agency, with the assistance of the Department | ||||||
7 | of Commerce
and Economic Opportunity, must establish and | ||||||
8 | administer a
program for the payment of remediation costs | ||||||
9 | to be known as the Brownfields
Site Restoration Program. | ||||||
10 | The Agency, through
the Program, shall provide
Remediation | ||||||
11 | Applicants with financial assistance for the investigation | ||||||
12 | and
remediation of abandoned or underutilized properties. | ||||||
13 | The investigation and
remediation shall be performed in | ||||||
14 | accordance with this Title XVII of this Act.
| ||||||
15 | (2) For each State fiscal year in which funds are made | ||||||
16 | available to the
Agency for payment under this subsection | ||||||
17 | (B), the Agency must,
subject to the availability of funds, | ||||||
18 | allocate 20% of the
funds to be available to Remediation | ||||||
19 | Applicants within counties with
populations over | ||||||
20 | 2,000,000. The
remaining funds must be made available to | ||||||
21 | all other Remediation Applicants in
the State.
| ||||||
22 | (3) The Agency must not approve payment in excess of | ||||||
23 | $750,000 to a
Remediation Applicant for remediation costs | ||||||
24 | incurred at a remediation site.
Eligibility must be | ||||||
25 | determined based on a minimum capital investment in the
|
| |||||||
| |||||||
1 | redevelopment of the site, and payment amounts must not | ||||||
2 | exceed the net
economic benefit to the State of the | ||||||
3 | remediation project. In addition to these
limitations, the | ||||||
4 | total payment to be made to an applicant must not exceed an
| ||||||
5 | amount equal to 20% of the capital investment at the site.
| ||||||
6 | (4) Only those remediation projects for which a No | ||||||
7 | Further Remediation
Letter is issued by the Agency after | ||||||
8 | December 31, 2001 are eligible to
participate in the | ||||||
9 | Brownfields Site Restoration Program. The program does not
| ||||||
10 | apply to any sites that have received a No Further | ||||||
11 | Remediation Letter prior to
December 31, 2001 or for costs | ||||||
12 | incurred prior to the Department of Commerce and Economic | ||||||
13 | Opportunity (formerly Department of Commerce and
Community | ||||||
14 | Affairs) approving a
site eligible for the Brownfields Site | ||||||
15 | Restoration Program.
| ||||||
16 | (5) Brownfields Site Restoration Program funds shall | ||||||
17 | be subject to
availability of funding and distributed based | ||||||
18 | on the order of receipt of
applications satisfying all | ||||||
19 | requirements as set forth in this Section.
| ||||||
20 | (b) Prior to applying to the Agency for payment, a | ||||||
21 | Remediation Applicant
shall first submit to the
Agency its | ||||||
22 | proposed remediation costs. The Agency shall make a
| ||||||
23 | pre-application assessment, which is not to be binding upon the | ||||||
24 | Department of
Commerce and Economic Opportunity or upon future | ||||||
25 | review of the project, relating
only to whether the Agency has | ||||||
26 | adequate funding to
reimburse the applicant for the remediation |
| |||||||
| |||||||
1 | costs if the applicant is found to
be eligible for | ||||||
2 | reimbursement of remediation costs. If the Agency determines
| ||||||
3 | that it is likely to have adequate funding to reimburse the | ||||||
4 | applicant for
remediation costs, the Remediation Applicant may | ||||||
5 | then submit to the
Department of Commerce and Economic | ||||||
6 | Opportunity an
application for review of eligibility. The | ||||||
7 | Department must review the
eligibility application to | ||||||
8 | determine whether the Remediation Applicant is
eligible for the | ||||||
9 | payment. The application must be on forms prescribed and
| ||||||
10 | provided by the Department of Commerce and Economic | ||||||
11 | Opportunity. At a minimum,
the application must include the
| ||||||
12 | following:
| ||||||
13 | (1) Information identifying the Remediation Applicant | ||||||
14 | and the site for
which the payment is being sought and the | ||||||
15 | date of acceptance into the Site
Remediation Program.
| ||||||
16 | (2) Information demonstrating that the site for which | ||||||
17 | the payment is
being
sought is abandoned or underutilized | ||||||
18 | property. "Abandoned property" means
real
property | ||||||
19 | previously used for, or that has the potential to be used | ||||||
20 | for,
commercial or industrial purposes that reverted to the | ||||||
21 | ownership of the State,
a county or municipal government, | ||||||
22 | or an agency thereof, through donation,
purchase, tax | ||||||
23 | delinquency, foreclosure, default, or settlement, | ||||||
24 | including
conveyance by deed in lieu of foreclosure; or | ||||||
25 | privately owned property that
has been vacant for a period | ||||||
26 | of not less than 3 years from the time an
application is |
| |||||||
| |||||||
1 | made to the Department of Commerce and Economic | ||||||
2 | Opportunity.
"Underutilized property" means real
property | ||||||
3 | of which less than 35% of the commercially usable space of | ||||||
4 | the
property
and improvements thereon are used for their | ||||||
5 | most commercially profitable and
economically productive | ||||||
6 | uses.
| ||||||
7 | (3) Information demonstrating that remediation of the | ||||||
8 | site for which the
payment is being sought will result in a | ||||||
9 | net economic benefit to the State of
Illinois. The "net | ||||||
10 | economic benefit" must be determined based on factors
| ||||||
11 | including, but not limited to, the capital investment, the | ||||||
12 | number of jobs
created, the number of jobs retained if it | ||||||
13 | is demonstrated the jobs would
otherwise be lost, capital | ||||||
14 | improvements, the number of construction-related
jobs, | ||||||
15 | increased sales, material purchases, other increases in | ||||||
16 | service and
operational expenditures, and other factors | ||||||
17 | established by the Department of
Commerce and Economic | ||||||
18 | Opportunity.
Priority must be given to sites located in | ||||||
19 | areas with high levels of poverty,
where the unemployment | ||||||
20 | rate exceeds the State average, where an enterprise zone
| ||||||
21 | exists, or where the area is otherwise economically | ||||||
22 | depressed as determined by
the Department of Commerce and | ||||||
23 | Economic Opportunity.
| ||||||
24 | (4) An application fee in the amount set forth in | ||||||
25 | subdivision (B)(c)
for each
site for which review of an | ||||||
26 | application is being sought.
|
| |||||||
| |||||||
1 | (c) The fee for eligibility reviews conducted by the | ||||||
2 | Department of
Commerce
and Economic Opportunity under this | ||||||
3 | subsection (B) is $1,000 for each site
reviewed. The
| ||||||
4 | application fee must be made payable to the
Department of
| ||||||
5 | Commerce and Economic Opportunity for deposit into the | ||||||
6 | Workforce, Technology, and
Economic Development Fund . These | ||||||
7 | application fees shall be used by the
Department
for | ||||||
8 | administrative expenses incurred under this subsection (B).
| ||||||
9 | (d) Within 60 days after receipt by the Department of | ||||||
10 | Commerce and
Economic Opportunity of an application meeting
the | ||||||
11 | requirements of subdivision (B)(b), the Department
of Commerce | ||||||
12 | and Economic Opportunity must issue a letter to the
applicant | ||||||
13 | approving the application, approving the application with
| ||||||
14 | modifications, or disapproving the application. If the | ||||||
15 | application is
approved or approved with modifications, the | ||||||
16 | Department of Commerce and
Economic Opportunity's letter must | ||||||
17 | also
include its determination of the
"net economic benefit" of | ||||||
18 | the remediation project and the maximum amount of the
payment | ||||||
19 | to be made available to the applicant for remediation costs. | ||||||
20 | The
payment by the Agency under this subsection (B) must not | ||||||
21 | exceed
the "net economic
benefit" of the remediation project, | ||||||
22 | as determined by the Department of
Commerce and Economic | ||||||
23 | Opportunity.
| ||||||
24 | (e) An application for a review of remediation costs must | ||||||
25 | not be submitted
to the Agency unless the Department of | ||||||
26 | Commerce and
Economic Opportunity has
determined the |
| |||||||
| |||||||
1 | Remediation Applicant is
eligible under subdivision (B)(d). If | ||||||
2 | the Department of
Commerce and Economic Opportunity has | ||||||
3 | determined that a
Remediation Applicant is eligible under | ||||||
4 | subdivision (B)(d),
the Remediation
Applicant may submit an | ||||||
5 | application for payment to the Agency under this
subsection | ||||||
6 | (B). Except as provided in subdivision (B)(f),
an
application | ||||||
7 | for
review of remediation costs must not be submitted until a | ||||||
8 | No Further
Remediation Letter has been issued by the Agency and | ||||||
9 | recorded in the chain of
title for the site in accordance with | ||||||
10 | Section 58.10. The Agency must review
the application to | ||||||
11 | determine whether the costs submitted are remediation costs
and | ||||||
12 | whether the costs incurred are reasonable. The application must | ||||||
13 | be on
forms prescribed and provided by the Agency. At a | ||||||
14 | minimum, the application
must include the following:
| ||||||
15 | (1) Information identifying the Remediation Applicant | ||||||
16 | and the site for
which the payment is being sought and the | ||||||
17 | date of acceptance of the site into
the Site Remediation | ||||||
18 | Program.
| ||||||
19 | (2) A copy of the No Further Remediation Letter with | ||||||
20 | official
verification
that the letter has been recorded in | ||||||
21 | the chain of title for the site and a
demonstration that | ||||||
22 | the site for which the application is submitted is the same
| ||||||
23 | site as the one for which the No Further Remediation Letter | ||||||
24 | is issued.
| ||||||
25 | (3) A demonstration that the release of the regulated | ||||||
26 | substances of
concern for which the No Further Remediation |
| |||||||
| |||||||
1 | Letter was issued was not caused
or contributed to in any | ||||||
2 | material respect by the Remediation Applicant. The
Agency | ||||||
3 | must make determinations as to reimbursement availability | ||||||
4 | consistent
with rules
adopted by the Pollution Control | ||||||
5 | Board for the administration and enforcement
of Section | ||||||
6 | 58.9 of this Act.
| ||||||
7 | (4) A copy of the Department of Commerce and Economic | ||||||
8 | Opportunity's letter
approving eligibility, including the | ||||||
9 | net economic benefit of the remediation
project.
| ||||||
10 | (5) An itemization and documentation, including | ||||||
11 | receipts, of the
remediation costs incurred.
| ||||||
12 | (6) A demonstration that the costs incurred are | ||||||
13 | remediation costs as
defined in this Act and rules adopted | ||||||
14 | under this Act.
| ||||||
15 | (7) A demonstration that the costs submitted for review | ||||||
16 | were incurred by
the Remediation Applicant who received the | ||||||
17 | No Further Remediation Letter.
| ||||||
18 | (8) An application fee in the amount set forth in | ||||||
19 | subdivision (B)(j)
for each
site for which review of | ||||||
20 | remediation costs is requested.
| ||||||
21 | (9) Any other information deemed appropriate by the | ||||||
22 | Agency.
| ||||||
23 | (f) An application for review of remediation costs may be | ||||||
24 | submitted to the
Agency prior to the issuance of a No Further | ||||||
25 | Remediation Letter if the
Remediation Applicant has a Remedial | ||||||
26 | Action Plan approved by the Agency under
the terms of which the |
| |||||||
| |||||||
1 | Remediation Applicant will remediate groundwater for
more than | ||||||
2 | one year. The Agency must review the application to determine
| ||||||
3 | whether the costs submitted are remediation costs and whether | ||||||
4 | the costs
incurred are reasonable. The application must be on | ||||||
5 | forms prescribed and
provided by the Agency. At a minimum, the | ||||||
6 | application must include the
following:
| ||||||
7 | (1) Information identifying the Remediation Applicant | ||||||
8 | and the site for
which the payment is being sought and the | ||||||
9 | date of acceptance of the site into
the Site Remediation | ||||||
10 | Program.
| ||||||
11 | (2) A copy of the Agency letter approving the Remedial | ||||||
12 | Action Plan.
| ||||||
13 | (3) A demonstration that the release of the regulated | ||||||
14 | substances of
concern for which the Remedial Action Plan | ||||||
15 | was approved was not caused or
contributed to in any | ||||||
16 | material respect by the Remediation Applicant. The
Agency | ||||||
17 | must make determinations as to reimbursement availability | ||||||
18 | consistent
with rules
adopted by the Pollution Control | ||||||
19 | Board for the administration and enforcement
of Section | ||||||
20 | 58.9 of this Act.
| ||||||
21 | (4) A copy of the Department of Commerce and Economic | ||||||
22 | Opportunity's letter
approving eligibility, including the | ||||||
23 | net economic benefit of the remediation
project.
| ||||||
24 | (5) An itemization and documentation, including | ||||||
25 | receipts, of the
remediation costs incurred.
| ||||||
26 | (6) A demonstration that the costs incurred are |
| |||||||
| |||||||
1 | remediation costs as
defined in this Act and rules adopted | ||||||
2 | under this Act.
| ||||||
3 | (7) A demonstration that the costs submitted for review | ||||||
4 | were incurred by
the Remediation Applicant who received | ||||||
5 | approval of the Remediation Action
Plan.
| ||||||
6 | (8) An application fee in the amount set forth in | ||||||
7 | subdivision (B)(j)
for each
site for which review of | ||||||
8 | remediation costs is requested.
| ||||||
9 | (9) Any other information deemed appropriate by the | ||||||
10 | Agency.
| ||||||
11 | (g) For a Remediation Applicant seeking a payment under | ||||||
12 | subdivision
(B)(f),
until the Agency issues a No Further | ||||||
13 | Remediation Letter for the site, no more
than 75% of the | ||||||
14 | allowed payment may be claimed by the Remediation Applicant.
| ||||||
15 | The remaining 25% may be claimed following the issuance by the | ||||||
16 | Agency of a
No Further Remediation Letter for the site. For a | ||||||
17 | Remediation Applicant
seeking a payment under subdivision | ||||||
18 | (B)(e), until the
Agency issues a No Further
Remediation Letter | ||||||
19 | for the site, no payment may be
claimed by the Remediation | ||||||
20 | Applicant.
| ||||||
21 | (h) (1) Within 60 days after receipt by the Agency of an | ||||||
22 | application
meeting the requirements of subdivision (B)(e) | ||||||
23 | or (B)(f),
the Agency must issue a
letter to the applicant | ||||||
24 | approving, disapproving, or modifying the remediation
| ||||||
25 | costs submitted in the application. If an application is | ||||||
26 | disapproved or
approved with modification of remediation |
| |||||||
| |||||||
1 | costs, then the Agency's letter must
set forth the reasons | ||||||
2 | for the disapproval or modification.
| ||||||
3 | (2) If a preliminary review of a budget plan has been | ||||||
4 | obtained under
subdivision (B)(i), the Remediation | ||||||
5 | Applicant may submit, with the application
and
supporting | ||||||
6 | documentation under subdivision (B)(e) or (B)(f), a copy of | ||||||
7 | the
Agency's
final determination accompanied by a | ||||||
8 | certification that the actual remediation
costs incurred | ||||||
9 | for the development and implementation of the Remedial | ||||||
10 | Action
Plan are equal to or less than the costs approved in | ||||||
11 | the Agency's final
determination on the budget plan. The | ||||||
12 | certification must be signed by the
Remediation Applicant | ||||||
13 | and notarized. Based on that submission, the Agency is
not | ||||||
14 | required to conduct further review of the costs incurred | ||||||
15 | for development
and implementation of the Remedial Action | ||||||
16 | Plan and may approve costs as
submitted.
| ||||||
17 | (3) Within 35 days after receipt of an Agency letter | ||||||
18 | disapproving or
modifying an application for approval of | ||||||
19 | remediation costs, the Remediation
Applicant may appeal | ||||||
20 | the Agency's decision to the Board in the manner provided
| ||||||
21 | for the review of permits in Section 40 of this Act.
| ||||||
22 | (i) (1) A Remediation Applicant may obtain a preliminary | ||||||
23 | review of
estimated remediation costs for the development | ||||||
24 | and implementation of the
Remedial Action Plan by | ||||||
25 | submitting a budget plan along with the Remedial
Action | ||||||
26 | Plan. The budget plan must be set forth on forms prescribed |
| |||||||
| |||||||
1 | and
provided by the Agency and must include, but is not | ||||||
2 | limited to, line item
estimates of the costs associated | ||||||
3 | with each line item (such as personnel,
equipment, and | ||||||
4 | materials) that the Remediation Applicant anticipates will | ||||||
5 | be
incurred for the development and implementation of the | ||||||
6 | Remedial Action Plan.
The Agency must review the budget | ||||||
7 | plan along with the Remedial Action Plan to
determine | ||||||
8 | whether the estimated costs submitted are remediation | ||||||
9 | costs and
whether the costs estimated for the activities | ||||||
10 | are reasonable.
| ||||||
11 | (2) If the Remedial Action Plan is amended by the | ||||||
12 | Remediation Applicant
or
as a result of Agency action, the | ||||||
13 | corresponding budget plan must be revised
accordingly and | ||||||
14 | resubmitted for Agency review.
| ||||||
15 | (3) The budget plan must be accompanied by the | ||||||
16 | applicable fee as set
forth
in subdivision (B)(j).
| ||||||
17 | (4) Submittal of a budget plan must be deemed an | ||||||
18 | automatic 60-day
waiver of the Remedial Action Plan review | ||||||
19 | deadlines set forth in this
subsection (B)
and rules | ||||||
20 | adopted under this subsection (B).
| ||||||
21 | (5) Within the applicable period of review, the Agency | ||||||
22 | must issue a
letter
to the Remediation Applicant approving, | ||||||
23 | disapproving, or modifying the
estimated remediation costs | ||||||
24 | submitted in the budget plan. If a budget plan is
| ||||||
25 | disapproved or approved with modification of estimated | ||||||
26 | remediation costs, the
Agency's letter must set forth the |
| |||||||
| |||||||
1 | reasons for the disapproval or modification.
| ||||||
2 | (6) Within 35 days after receipt of an Agency letter | ||||||
3 | disapproving or
modifying a budget plan, the Remediation | ||||||
4 | Applicant may appeal the Agency's
decision to the Board in | ||||||
5 | the manner provided for the review of permits in
Section 40 | ||||||
6 | of this Act.
| ||||||
7 | (j) The fees for reviews conducted by the Agency under this | ||||||
8 | subsection (B)
are in
addition to any other fees or payments | ||||||
9 | for Agency services rendered pursuant to
the Site Remediation | ||||||
10 | Program and are as follows:
| ||||||
11 | (1) The fee for an application for review of | ||||||
12 | remediation costs is $1,000
for each site reviewed.
| ||||||
13 | (2) The fee for the review of the budget plan submitted | ||||||
14 | under
subdivision
(B)(i) is $500 for each site reviewed.
| ||||||
15 | The application fee and the fee for the review of the | ||||||
16 | budget plan must be
made payable to the State of Illinois, for
| ||||||
17 | deposit into the Brownfields Redevelopment Fund.
| ||||||
18 | (k) Moneys in the Brownfields Redevelopment Fund may be | ||||||
19 | used for the
purposes of this Section, including payment for | ||||||
20 | the costs of
administering this subsection (B).
Any moneys | ||||||
21 | remaining in the Brownfields Site Restoration Program Fund on | ||||||
22 | the
effective date of this amendatory Act of the 92nd General | ||||||
23 | Assembly shall be
transferred to the Brownfields Redevelopment | ||||||
24 | Fund.
Total payments made to all Remediation Applicants by the | ||||||
25 | Agency for purposes of
this subsection (B) must not exceed | ||||||
26 | $1,000,000 in State fiscal year 2002.
|
| |||||||
| |||||||
1 | (l) The Department and the Agency are authorized to enter | ||||||
2 | into any
contracts
or
agreements that may be necessary to carry | ||||||
3 | out their duties and responsibilities
under this subsection | ||||||
4 | (B).
| ||||||
5 | (m) Within 6 months after the effective date of this | ||||||
6 | amendatory Act of
2002,
the Department of Commerce and | ||||||
7 | Community Affairs (now Department of Commerce and Economic | ||||||
8 | Opportunity) and the Agency must propose
rules prescribing | ||||||
9 | procedures and
standards for the administration of this | ||||||
10 | subsection (B). Within 9 months after
receipt of the proposed | ||||||
11 | rules, the Board shall adopt on second notice, pursuant
to | ||||||
12 | Sections 27 and 28 of this Act and the Illinois Administrative | ||||||
13 | Procedure
Act, rules that are consistent with this subsection | ||||||
14 | (B). Prior to the
effective date
of rules adopted under this | ||||||
15 | subsection (B), the Department of Commerce and
Community
| ||||||
16 | Affairs (now Department of Commerce and Economic Opportunity)
| ||||||
17 | and the Agency may conduct
reviews of applications under this | ||||||
18 | subsection (B) and the Agency is further
authorized
to | ||||||
19 | distribute guidance documents on costs that are eligible or | ||||||
20 | ineligible as
remediation costs.
| ||||||
21 | (Source: P.A. 97-333, eff. 8-12-11.)
| ||||||
22 | (415 ILCS 15/8 rep.)
| ||||||
23 | (415 ILCS 15/8.5 rep.)
| ||||||
24 | Section 10-200. The Solid Waste Planning and Recycling Act | ||||||
25 | is amended by repealing Sections 8 and 8.5.
|
| |||||||
| |||||||
1 | Section 10-205. The Illinois Solid Waste Management Act is | ||||||
2 | amended by changing Section 6 as follows:
| ||||||
3 | (415 ILCS 20/6) (from Ch. 111 1/2, par. 7056)
| ||||||
4 | Sec. 6. The Department of Commerce and Economic Opportunity | ||||||
5 | shall be the lead agency for implementation of this Act and
| ||||||
6 | shall have the following powers:
| ||||||
7 | (a) To provide technical and educational assistance for | ||||||
8 | applications of
technologies and practices which will minimize | ||||||
9 | the land disposal of
non-hazardous solid waste; economic | ||||||
10 | feasibility of implementation of solid
waste management | ||||||
11 | alternatives; analysis of markets for recyclable materials
and | ||||||
12 | energy products; application of the Geographic Information
| ||||||
13 | System to provide analysis of natural resource, land use, and | ||||||
14 | environmental
impacts; evaluation of financing and ownership | ||||||
15 | options; and evaluation of
plans prepared by units of local | ||||||
16 | government pursuant to Section 22.15 of
the Environmental | ||||||
17 | Protection Act.
| ||||||
18 | (b) (Blank). To provide technical assistance in siting | ||||||
19 | pollution control
facilities, defined as any waste storage | ||||||
20 | site, sanitary landfill, waste
disposal site, waste transfer | ||||||
21 | station or waste incinerator.
| ||||||
22 | (c) To provide loans or recycling and composting grants to | ||||||
23 | businesses and
not-for-profit and governmental organizations | ||||||
24 | for the purposes of increasing
the quantity of materials |
| |||||||
| |||||||
1 | recycled or composted in Illinois; developing and
implementing
| ||||||
2 | innovative recycling methods and technologies; developing and | ||||||
3 | expanding
markets for recyclable materials; and increasing the | ||||||
4 | self-sufficiency of
the recycling industry in Illinois. The | ||||||
5 | Department shall work with and
coordinate its activities with | ||||||
6 | existing for-profit and not-for-profit
collection and | ||||||
7 | recycling systems to encourage orderly growth in the supply
of | ||||||
8 | and markets for recycled materials and to assist existing | ||||||
9 | collection and
recycling efforts.
| ||||||
10 | The Department shall develop a public education program | ||||||
11 | concerning the
importance of both composting and recycling in | ||||||
12 | order to preserve landfill
space in Illinois.
| ||||||
13 | (d) To establish guidelines and funding criteria for the | ||||||
14 | solicitation of
projects under this Act, and to receive and | ||||||
15 | evaluate applications for
loans or grants for solid waste | ||||||
16 | management projects based upon such
guidelines and criteria. | ||||||
17 | Funds may be loaned with or without interest.
| ||||||
18 | (e) To support and coordinate solid waste research in | ||||||
19 | Illinois, and to
approve the annual solid waste research agenda | ||||||
20 | prepared by the University of
Illinois.
| ||||||
21 | (f) To provide loans or grants for research, development | ||||||
22 | and
demonstration of innovative technologies and practices, | ||||||
23 | including but not
limited to pilot programs for collection and | ||||||
24 | disposal of household wastes.
| ||||||
25 | (g) To promulgate such rules and regulations as are | ||||||
26 | necessary to carry
out the purposes of subsections (c), (d) and |
| |||||||
| |||||||
1 | (f) of this Section.
| ||||||
2 | (h) To cooperate with the Environmental Protection Agency | ||||||
3 | for the
purposes specified herein.
| ||||||
4 | The Department is authorized to accept any and all grants,
| ||||||
5 | repayments of
interest and principal on loans, matching funds,
| ||||||
6 | reimbursements, appropriations, income derived from | ||||||
7 | investments, or other
things of value from the federal or state | ||||||
8 | governments or from any
institution, person, partnership, | ||||||
9 | joint venture, corporation, public or
private.
| ||||||
10 | The Department is authorized to use moneys available for | ||||||
11 | that purpose, subject
to appropriation, expressly for the | ||||||
12 | purpose of implementing a
loan program according to procedures | ||||||
13 | established pursuant to this Act.
Those moneys shall be used by | ||||||
14 | the Department for the purpose of
financing additional projects | ||||||
15 | and for the Department's administrative
expenses related | ||||||
16 | thereto.
| ||||||
17 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
18 | (415 ILCS 20/5 rep.)
| ||||||
19 | (415 ILCS 20/7.1 rep.)
| ||||||
20 | (415 ILCS 20/7.3 rep.)
| ||||||
21 | (415 ILCS 20/8 rep.)
| ||||||
22 | Section 10-210. The Illinois Solid Waste Management Act is | ||||||
23 | amended by repealing Sections 5, 7.1, 7.3, and 8.
| ||||||
24 | (415 ILCS 56/Act rep.) |
| |||||||
| |||||||
1 | Section 10-215. The Green Infrastructure for Clean Water | ||||||
2 | Act is repealed.
| ||||||
3 | Section 10-220. The Environmental Toxicology Act is | ||||||
4 | amended by changing Sections 3 and 5 as follows:
| ||||||
5 | (415 ILCS 75/3) (from Ch. 111 1/2, par. 983)
| ||||||
6 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
7 | context otherwise
requires;
| ||||||
8 | (a) "Department" means the Illinois Department of Public | ||||||
9 | Health;
| ||||||
10 | (b) "Director" means the Director of the Illinois | ||||||
11 | Department of Public
Health;
| ||||||
12 | (c) "Program" means the Environmental Toxicology program | ||||||
13 | as established by
this Act;
| ||||||
14 | (d) "Exposure" means contact with a hazardous substance;
| ||||||
15 | (e) "Hazardous Substance" means chemical compounds, | ||||||
16 | elements, or
combinations of chemicals which, because of | ||||||
17 | quantity concentration, physical
characteristics or | ||||||
18 | toxicological characteristics may pose a substantial
present | ||||||
19 | or potential hazard to human health and includes, but is not
| ||||||
20 | limited to, any substance defined as a hazardous substance in | ||||||
21 | Section 3.215
of the "Environmental Protection Act", approved | ||||||
22 | June 29, 1970, as
amended;
| ||||||
23 | (f) "Initial Assessment" means a review and evaluation of | ||||||
24 | site history
and hazardous substances involved, potential for |
| |||||||
| |||||||
1 | population exposure, the
nature of any health related | ||||||
2 | complaints and any known patterns in disease
occurrence;
| ||||||
3 | (g) "Comprehensive Health Study" means a detailed analysis | ||||||
4 | which may
include: a review of available
environmental, | ||||||
5 | morbidity and mortality data; environmental and biological
| ||||||
6 | sampling; detailed review of scientific literature; exposure | ||||||
7 | analysis;
population surveys; or any other scientific or | ||||||
8 | epidemiologic methods
deemed necessary to adequately evaluate | ||||||
9 | the health status of the population
at risk and any potential | ||||||
10 | relationship to environmental factors;
| ||||||
11 | (h) "Superfund Site" means any hazardous waste site | ||||||
12 | designated for
cleanup on the National Priorities List as | ||||||
13 | mandated by the Comprehensive
Environmental Response, | ||||||
14 | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||||||
15 | amended;
| ||||||
16 | (i) (Blank). "State Remedial Action Priority List" means a | ||||||
17 | list compiled by the
Illinois Environmental Protection Agency | ||||||
18 | which identifies sites that appear
to present significant risk | ||||||
19 | to the public health, welfare or environment.
| ||||||
20 | (Source: P.A. 92-574, eff. 6-26-02.)
| ||||||
21 | (415 ILCS 75/5) (from Ch. 111 1/2, par. 985)
| ||||||
22 | Sec. 5.
(a) Upon request by the Illinois Environmental | ||||||
23 | Protection
Agency, the Department shall conduct an initial | ||||||
24 | assessment for any location
designated as a Superfund Site or | ||||||
25 | on the State Remedial Action Priority
List . Such assessment |
| |||||||
| |||||||
1 | shall be initiated within 60 days of the request.
| ||||||
2 | (b) (Blank). For sites designated as Superfund Sites or | ||||||
3 | sites on the State
Remedial Action Priority List on the | ||||||
4 | effective date of this Act, the
Department and the Illinois | ||||||
5 | Environmental Protection Agency shall jointly
determine which | ||||||
6 | sites warrant initial assessment. If warranted, initial
| ||||||
7 | assessment shall be initiated by January 1, 1986.
| ||||||
8 | (c) If, as a result of the initial assessment, the | ||||||
9 | Department determines
that a public health problem related to | ||||||
10 | exposure to hazardous substances
may exist in a community | ||||||
11 | located near a designated site, the
Department shall conduct a | ||||||
12 | comprehensive health study to assess the full
relationship, if | ||||||
13 | any, between such threat or potential threat and possible
| ||||||
14 | exposure to hazardous substances at the designated site.
| ||||||
15 | (Source: P.A. 84-987.)
| ||||||
16 | (415 ILCS 80/Act rep.)
| ||||||
17 | Section 10-225. The Degradable Plastic Act is repealed.
| ||||||
18 | (415 ILCS 110/Act rep.)
| ||||||
19 | Section 10-230. The Recycled Newsprint Use Act is repealed.
| ||||||
20 | (415 ILCS 120/25 rep.)
| ||||||
21 | Section 10-235. The Alternate Fuels Act is amended by | ||||||
22 | repealing Section 25.
|
| |||||||
| |||||||
1 | Section 10-240. The Interstate Ozone Transport Oversight | ||||||
2 | Act is amended by changing Section 20 as follows:
| ||||||
3 | (415 ILCS 130/20)
| ||||||
4 | Sec. 20. Legislative referral and public hearings.
| ||||||
5 | (a) Not later than 10 days after the development of any | ||||||
6 | proposed
memorandum of understanding by the Ozone Transport | ||||||
7 | Assessment Group
potentially requiring the State of Illinois to | ||||||
8 | undertake emission reductions
in addition to those specified by | ||||||
9 | the Clean Air Act Amendments of 1990, or
subsequent to the | ||||||
10 | issuance of a request made by the United States Environmental
| ||||||
11 | Protection Agency on or after June 1, 1997 for
submission of a | ||||||
12 | State Implementation Plan for Illinois relating to ozone
| ||||||
13 | attainment and before submission of the Plan, the
Director | ||||||
14 | shall submit
the proposed memorandum of understanding or State | ||||||
15 | Implementation Plan to
the House Committee and the Senate
| ||||||
16 | Committee for their consideration. At that time, the Director | ||||||
17 | shall also
submit information detailing any alternate | ||||||
18 | strategies.
| ||||||
19 | (b) (Blank). To assist the legislative review required by | ||||||
20 | this Act, the Department of Commerce and Economic Opportunity | ||||||
21 | shall
conduct a joint study of the impacts on the State's | ||||||
22 | economy which may result
from implementation of the emission | ||||||
23 | reduction strategies contained within any
proposed memorandum | ||||||
24 | of understanding or State Implementation Plan relating to
ozone | ||||||
25 | and from implementation of any alternate
strategies. The study |
| |||||||
| |||||||
1 | shall include, but not be limited to, the impacts on
economic | ||||||
2 | development, employment, utility costs and rates, personal | ||||||
3 | income, and
industrial competitiveness which may result from | ||||||
4 | implementation of the emission
reduction strategies contained | ||||||
5 | within any proposed memorandum of agreement or
State | ||||||
6 | Implementation Plan relating to ozone and
from implementation | ||||||
7 | of any alternate strategies. The study shall be
submitted
to | ||||||
8 | the House Committee and Senate Committee not less than 10 days | ||||||
9 | prior to any
scheduled hearing conducted pursuant to subsection | ||||||
10 | (c) of this Section.
| ||||||
11 | (c) Upon receipt of the information required by subsections | ||||||
12 | (a) and (b) of
this Section, the House Committee and Senate | ||||||
13 | Committee shall each convene
one or more public hearings to | ||||||
14 | receive comments from agencies of government and
other | ||||||
15 | interested parties on the memorandum of understanding's or | ||||||
16 | State
Implementation Plan's prospective
economic and | ||||||
17 | environmental impacts, including its impacts on energy use,
| ||||||
18 | economic development, utility costs and rates, and | ||||||
19 | competitiveness.
Additionally,
comments shall be received on | ||||||
20 | the prospective economic and environmental
impacts, including | ||||||
21 | impacts on energy use, economic development, utility
costs and | ||||||
22 | rates, and competitiveness, which may result from | ||||||
23 | implementation of
any
alternate strategies.
| ||||||
24 | (Source: P.A. 97-916, eff. 8-9-12.)
| ||||||
25 | (505 ILCS 84/Act rep.) |
| |||||||
| |||||||
1 | Section 10-245. The Illinois Food, Farms, and Jobs Act is | ||||||
2 | repealed.
| ||||||
3 | Section 10-250. The Illinois Vehicle Code is amended by | ||||||
4 | changing Sections 13-102.1, 13-109.1, and 13-114 as follows:
| ||||||
5 | (625 ILCS 5/13-102.1)
| ||||||
6 | Sec. 13-102.1. Diesel powered vehicle emission inspection | ||||||
7 | report.
Beginning July
1, 2000, the Department of | ||||||
8 | Transportation and the Department of State
Police
shall each
| ||||||
9 | conduct an annual study concerned with the results
of
emission | ||||||
10 | inspections for diesel powered vehicles registered for a gross | ||||||
11 | weight
of more than 16,000 pounds or having a gross vehicle | ||||||
12 | weight rating of more
than 16,000 pounds. The study
studies
| ||||||
13 | shall be reported to the General Assembly by June 30, 2001, and | ||||||
14 | every
June
30 thereafter. The study studies shall also be sent | ||||||
15 | to the Illinois
Environmental
Protection Agency for its use in | ||||||
16 | environmental matters.
| ||||||
17 | The study studies shall include, but not be limited to, the | ||||||
18 | following information:
| ||||||
19 | (a) the number of diesel powered vehicles
that were
| ||||||
20 | inspected for emission compliance by the respective | ||||||
21 | departments
pursuant to
this Chapter 13 during the previous | ||||||
22 | year;
| ||||||
23 | (b) the number of diesel powered vehicles that failed | ||||||
24 | and passed the
emission
inspections conducted by the |
| |||||||
| |||||||
1 | respective departments required pursuant to
this
Chapter
| ||||||
2 | 13 during the previous year; and
| ||||||
3 | (c) the number of diesel powered vehicles that failed | ||||||
4 | the emission
inspections conducted by the respective | ||||||
5 | departments
pursuant to this Chapter 13 more than
once in
| ||||||
6 | the previous year.
| ||||||
7 | (Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
| ||||||
8 | (625 ILCS 5/13-109.1)
| ||||||
9 | Sec. 13-109.1.
Annual and nonscheduled emission inspection | ||||||
10 | tests;
standards; penalties;
funds.
| ||||||
11 | (a) For each diesel powered vehicle that (i) is registered | ||||||
12 | for a gross
weight of
more than 16,000 pounds, (ii) is | ||||||
13 | registered within an affected area, and
(iii) is a 2 year
or | ||||||
14 | older model year, an annual emission
inspection test
shall be | ||||||
15 | conducted at an official testing station certified by the | ||||||
16 | Illinois
Department
of Transportation to perform
diesel | ||||||
17 | emission inspections pursuant to the standards set forth in
| ||||||
18 | subsection
(b) of this
Section. This annual emission inspection | ||||||
19 | test may be conducted in conjunction
with a
semi-annual safety | ||||||
20 | test.
| ||||||
21 | (a-5) (Blank). Beginning October 1, 2000, the Department of | ||||||
22 | State Police is
authorized to perform nonscheduled
emission
| ||||||
23 | inspections for cause, at any place within an affected area, of | ||||||
24 | any diesel
powered
vehicles that
are operated on the roadways | ||||||
25 | of this State, and are registered for a gross
weight of more |
| |||||||
| |||||||
1 | than 16,000 pounds or have a gross vehicle weight rating of | ||||||
2 | more
than 16,000 pounds. The inspections shall adhere to the | ||||||
3 | procedures and
standards set forth in subsection (b). These | ||||||
4 | nonscheduled emission
inspections shall be conducted by the | ||||||
5 | Department of State Police
at weigh stations, roadside, or | ||||||
6 | other safe and reasonable
locations within an affected area. | ||||||
7 | Before any person may inspect a diesel
vehicle
under this | ||||||
8 | Section, he or she must receive adequate training and | ||||||
9 | certification
for diesel emission inspections by the | ||||||
10 | Department of State Police. The
Department of State Police | ||||||
11 | shall adopt rules for the training
and certification of persons | ||||||
12 | who conduct emission inspections under this
Section.
| ||||||
13 | (b) Diesel emission inspections conducted under this | ||||||
14 | Chapter 13 shall be
conducted in accordance with the Society of | ||||||
15 | Automotive Engineers Recommended
Practice J1667
| ||||||
16 | "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel | ||||||
17 | Powered
Vehicles" and the cutpoint standards set forth in the | ||||||
18 | United States
Environmental Protection Agency guidance
| ||||||
19 | document "Guidance to States on Smoke Opacity Cutpoints to be | ||||||
20 | used with the
SAE J1667 In-Use Smoke Test Procedure". Those | ||||||
21 | procedures and standards, as
now in effect, are made a part of | ||||||
22 | this Code, in the same manner as though they
were set out in | ||||||
23 | full in this Code.
| ||||||
24 | Notwithstanding the above cutpoint standards, for motor | ||||||
25 | vehicles that are
model years 1973 and
older, until
December | ||||||
26 | 31,
2002, the level of peak smoke opacity shall not exceed 70 |
| |||||||
| |||||||
1 | percent. Beginning
January
1, 2003, for motor vehicles that are | ||||||
2 | model years 1973 and older, the level of
peak smoke
opacity | ||||||
3 | shall not exceed 55 percent.
| ||||||
4 | (c) If the annual emission inspection under subsection (a) | ||||||
5 | reveals
that the vehicle is not in compliance with
the
diesel | ||||||
6 | emission standards set forth in subsection (b) of this Section, | ||||||
7 | the
operator of the
official
testing station shall issue a | ||||||
8 | warning notice requiring correction of the
violation. The | ||||||
9 | correction shall be made and the vehicle submitted to an
| ||||||
10 | emissions retest at an official testing station certified by | ||||||
11 | the Department to
perform diesel emission inspections within 30 | ||||||
12 | days from the issuance of the
warning notice requiring | ||||||
13 | correction of the violation.
| ||||||
14 | If, within 30 days from the issuance of the warning notice, | ||||||
15 | the vehicle is
not in compliance with the diesel
emission | ||||||
16 | standards set forth in subsection (b) as determined by an | ||||||
17 | emissions
retest at an official testing station, the operator | ||||||
18 | of the official
testing station or the Department shall place | ||||||
19 | the vehicle out-of-service in
accordance with the rules | ||||||
20 | promulgated by the Department. Operating a vehicle
that has | ||||||
21 | been placed out-of-service under this subsection (c) is a petty
| ||||||
22 | offense punishable by a $1,000 fine.
The vehicle must pass a | ||||||
23 | diesel emission inspection at an official testing
station | ||||||
24 | before it is again placed in service.
The Secretary of State, | ||||||
25 | Department of State Police, and other law enforcement
officers | ||||||
26 | shall enforce this Section.
No emergency vehicle, as defined in |
| |||||||
| |||||||
1 | Section 1-105, may be placed out-of-service
pursuant to this | ||||||
2 | Section.
| ||||||
3 | The Department or an official testing station may issue a | ||||||
4 | certificate of
waiver subsequent to a reinspection of a vehicle | ||||||
5 | that failed the emissions
inspection. Certificate of waiver | ||||||
6 | shall be issued upon determination that
documented proof | ||||||
7 | demonstrates that emissions repair costs for the noncompliant
| ||||||
8 | vehicle of at least $3,000 have been spent in an effort to | ||||||
9 | achieve
compliance with the emission standards set forth in | ||||||
10 | subsection (b). The
Department of Transportation shall adopt | ||||||
11 | rules for the implementation of this
subsection including | ||||||
12 | standards of documented proof as well as the criteria by
which | ||||||
13 | a waiver shall be granted.
| ||||||
14 | (c-5) (Blank). If a nonscheduled inspection reveals that | ||||||
15 | the vehicle is not in
compliance with the diesel emission | ||||||
16 | standards set forth in subsection (b), the
operator of the | ||||||
17 | vehicle is guilty of a petty offense punishable by a $400 fine,
| ||||||
18 | and a State Police
officer shall issue a citation for a | ||||||
19 | violation of the standards. A third or
subsequent violation | ||||||
20 | within one year of the first violation is a petty
offense | ||||||
21 | punishable by a $1,000 fine. An operator who receives a | ||||||
22 | citation
under this subsection shall not, within 30 days of the | ||||||
23 | initial citation,
receive
a second or subsequent citation for | ||||||
24 | operating the same vehicle in violation of
the emission | ||||||
25 | standards set forth in subsection (b).
| ||||||
26 | (d) (Blank). There is hereby created within the State |
| |||||||
| |||||||
1 | Treasury a special fund to be
known as the Diesel Emissions | ||||||
2 | Testing Fund, constituted from the fines
collected pursuant to | ||||||
3 | subsections (c) and (c-5) of this
Section.
Subject to | ||||||
4 | appropriation, moneys from the Diesel Emissions Testing Fund
| ||||||
5 | shall be available, as a supplement to moneys appropriated from | ||||||
6 | the General
Revenue Fund, to the Department of Transportation | ||||||
7 | and the Department of State
Police
for their implementation of | ||||||
8 | the diesel emission inspection
requirements
under this Chapter | ||||||
9 | 13.
All moneys received from fines imposed under this Section | ||||||
10 | shall be
paid into
the Diesel Emissions Testing Fund.
All | ||||||
11 | citations issued pursuant to this Section
shall be considered | ||||||
12 | non-moving violations.
The Department of Transportation and | ||||||
13 | the Department of State Police are
authorized to promulgate | ||||||
14 | rules to implement their
responsibilities under this Section.
| ||||||
15 | (Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
| ||||||
16 | (625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
| ||||||
17 | Sec. 13-114. Interstate carriers of property. Any vehicle | ||||||
18 | registered in Illinois and operated by an interstate carrier
of | ||||||
19 | property shall be exempt from the provisions of
this Chapter | ||||||
20 | provided such carrier has registered with the Bureau of
Motor | ||||||
21 | Carrier Safety of the Federal Highway Administration
as an | ||||||
22 | interstate motor carrier of property and has been assigned a
| ||||||
23 | federal census number by such Bureau. An interstate carrier of
| ||||||
24 | property, however, is not exempt from the provisions of
Section | ||||||
25 | 13-111(b)
of this Chapter.
|
| |||||||
| |||||||
1 | Any vehicle registered in Illinois and operated by a | ||||||
2 | private interstate
carrier of property shall be exempt from the | ||||||
3 | provisions of this Chapter,
except the provisions of Section | ||||||
4 | 13-111(b),
provided it:
| ||||||
5 | 1. is registered with the Bureau of Motor Carrier | ||||||
6 | Safety of the Federal
Highway Administration, and
| ||||||
7 | 2. carries in the motor vehicle documentation issued by | ||||||
8 | the Bureau of
Motor Carrier Safety of the Federal Highway | ||||||
9 | Administration displaying the
federal census number | ||||||
10 | assigned, and
| ||||||
11 | 3. displays on the sides of the motor vehicle the | ||||||
12 | census number, which
must be no less than 2 inches high, | ||||||
13 | with a brush stroke no less than
1/4 inch wide in a | ||||||
14 | contrasting color.
| ||||||
15 | Notwithstanding any other provision of this Section, each | ||||||
16 | diesel powered
vehicle that is registered
for a gross weight of | ||||||
17 | more than 16,000 pounds or has a gross vehicle weight
rating of | ||||||
18 | more than 16,000 pounds and that is operated by an interstate | ||||||
19 | carrier of property or a
private interstate
carrier of property | ||||||
20 | within the affected area is subject only
to the
provisions of
| ||||||
21 | this Chapter that pertain to nonscheduled diesel emission | ||||||
22 | inspections.
| ||||||
23 | (Source: P.A. 91-254, eff. 7-1-00; 91-865, eff. 7-1-00.)
| ||||||
24 | Section 10-255. The Unified Code of Corrections is amended | ||||||
25 | by changing Section 3-10-2 as follows:
|
| |||||||
| |||||||
1 | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| ||||||
2 | Sec. 3-10-2. Examination of Persons Committed to the | ||||||
3 | Department of Juvenile Justice.
| ||||||
4 | (a) A person committed to the Department of Juvenile | ||||||
5 | Justice shall be examined in
regard to his medical, | ||||||
6 | psychological, social, educational and vocational
condition | ||||||
7 | and history, including the use of alcohol and other drugs,
the | ||||||
8 | circumstances of his offense and any other
information as the | ||||||
9 | Department of Juvenile Justice may determine.
| ||||||
10 | (a-5) Upon admission of a person committed to the | ||||||
11 | Department of Juvenile Justice, the Department of Juvenile | ||||||
12 | Justice must provide the person with appropriate information | ||||||
13 | concerning HIV and AIDS in writing, verbally, or by video or | ||||||
14 | other electronic means. The Department of Juvenile Justice | ||||||
15 | shall develop the informational materials in consultation with | ||||||
16 | the Department of Public Health. At the same time, the | ||||||
17 | Department of Juvenile Justice also must offer the person the | ||||||
18 | option of being tested, at no charge to the person, for | ||||||
19 | infection with human immunodeficiency virus (HIV). Pre-test | ||||||
20 | information shall be provided to the committed person and | ||||||
21 | informed consent obtained as required in subsection (q) of | ||||||
22 | Section 3 and Section 5 of the AIDS Confidentiality Act. The | ||||||
23 | Department of Juvenile Justice may conduct opt-out HIV testing | ||||||
24 | as defined in Section 4 of the AIDS Confidentiality Act. If the | ||||||
25 | Department conducts opt-out HIV testing, the Department shall |
| |||||||
| |||||||
1 | place signs in English, Spanish and other languages as needed | ||||||
2 | in multiple, highly visible locations in the area where HIV | ||||||
3 | testing is conducted informing inmates that they will be tested | ||||||
4 | for HIV unless they refuse, and refusal or acceptance of | ||||||
5 | testing shall be documented in the inmate's medical record. The | ||||||
6 | Department shall follow procedures established by the | ||||||
7 | Department of Public Health to conduct HIV testing and testing | ||||||
8 | to confirm positive HIV test results. All testing must be | ||||||
9 | conducted by medical personnel, but pre-test and other | ||||||
10 | information may be provided by committed persons who have | ||||||
11 | received appropriate training. The Department, in conjunction | ||||||
12 | with the Department of Public Health, shall develop a plan that | ||||||
13 | complies with the AIDS Confidentiality Act to deliver | ||||||
14 | confidentially all positive or negative HIV test results to | ||||||
15 | inmates or former inmates. Nothing in this Section shall | ||||||
16 | require the Department to offer HIV testing to an inmate who is | ||||||
17 | known to be infected with HIV, or who has been tested for HIV | ||||||
18 | within the previous 180 days and whose documented HIV test | ||||||
19 | result is available to the Department electronically. The
| ||||||
20 | testing provided under this subsection (a-5) shall consist of a | ||||||
21 | test approved by the Illinois Department of Public Health to | ||||||
22 | determine the presence of HIV infection, based upon | ||||||
23 | recommendations of the United States Centers for Disease | ||||||
24 | Control and Prevention. If the test result is positive, a | ||||||
25 | reliable supplemental test based upon recommendations of the | ||||||
26 | United States Centers for Disease Control and Prevention shall |
| |||||||
| |||||||
1 | be
administered. | ||||||
2 | Also upon admission of a person committed to the Department | ||||||
3 | of Juvenile Justice, the Department of Juvenile Justice must | ||||||
4 | inform the person of the Department's obligation to provide the | ||||||
5 | person with medical care.
| ||||||
6 | (b) Based on its examination, the Department of Juvenile | ||||||
7 | Justice may exercise the following
powers in developing a | ||||||
8 | treatment program of any person committed to the Department of | ||||||
9 | Juvenile Justice:
| ||||||
10 | (1) Require participation by him in vocational, | ||||||
11 | physical, educational
and corrective training and | ||||||
12 | activities to return him to the community.
| ||||||
13 | (2) Place him in any institution or facility of the | ||||||
14 | Department of Juvenile Justice.
| ||||||
15 | (3) Order replacement or referral to the Parole and | ||||||
16 | Pardon Board as
often as it deems desirable. The Department | ||||||
17 | of Juvenile Justice shall refer the person to the
Parole | ||||||
18 | and Pardon Board as required under Section 3-3-4.
| ||||||
19 | (4) Enter into agreements with the Secretary of Human | ||||||
20 | Services and
the Director of Children and Family
Services, | ||||||
21 | with courts having probation officers, and with private | ||||||
22 | agencies
or institutions for separate care or special | ||||||
23 | treatment of persons subject
to the control of the | ||||||
24 | Department of Juvenile Justice.
| ||||||
25 | (c) The Department of Juvenile Justice shall make periodic | ||||||
26 | reexamination of all persons
under the control of the |
| |||||||
| |||||||
1 | Department of Juvenile Justice to determine whether existing
| ||||||
2 | orders in individual cases should be modified or continued. | ||||||
3 | This
examination shall be made with respect to every person at | ||||||
4 | least once
annually.
| ||||||
5 | (d) A record of the treatment decision including any | ||||||
6 | modification
thereof and the reason therefor, shall be part of | ||||||
7 | the committed person's
master record file.
| ||||||
8 | (e) The Department of Juvenile Justice shall by regular | ||||||
9 | certified mail and telephone or electronic message
notify the | ||||||
10 | parent, guardian or nearest relative of any person committed to
| ||||||
11 | the Department of Juvenile Justice of his or her physical | ||||||
12 | location and any change thereof.
| ||||||
13 | (Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78, | ||||||
14 | eff. 7-20-15.)
| ||||||
15 | ARTICLE 99. EXEMPTIONS; SEVERABILITY; EFFECTIVE DATE | ||||||
16 | Section 99-90. The State Mandates Act is amended by adding | ||||||
17 | Section 8.41 as follows:
| ||||||
18 | (30 ILCS 805/8.41 new) | ||||||
19 | Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
20 | of this Act, no reimbursement by the State is required for the | ||||||
21 | implementation of any mandate created by this amendatory Act of | ||||||
22 | the 100th General Assembly.
|
| |||||||
| |||||||
1 | Section 99-97. Severability. The provisions of this Act are | ||||||
2 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
3 | Section 99-99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
|