Bill Text: IL SB1936 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Executive Reorganization Implementation Act. Makes a technical change in a Section concerning the short title.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2018-06-14 - Sent to the Governor [SB1936 Detail]

Download: Illinois-2017-SB1936-Enrolled.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
ARTICLE 5. AMENDATORY PROVISIONS
5 (20 ILCS 605/605-523 rep.)
6 Section 5-5. The Department of Commerce and Economic
7Opportunity Law of the Civil Administrative Code of Illinois is
8amended by repealing Section 605-523.
9 (20 ILCS 3930/9 rep.)
10 Section 5-10. The Illinois Criminal Justice Information
11Act is amended by repealing Section 9.
12 (20 ILCS 3988/35 rep.)
13 Section 5-15. The Local Legacy Act is amended by repealing
14Section 35.
15 (30 ILCS 105/5.102 rep.)
16 (30 ILCS 105/5.172 rep.)
17 (30 ILCS 105/5.325 rep.)
18 (30 ILCS 105/5.423 rep.)
19 (30 ILCS 105/5.512 rep.)
20 (30 ILCS 105/5.541 rep.)

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

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

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

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

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

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

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

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

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1wages, and fringe benefits; operation and maintenance;
2supplies and expenses; and capital improvements.
3 (b) (Blank). The Department, with the assistance of the
4Illinois Council on Food and Agricultural Research, may seek
5additional grants and donations for research. Additional funds
6shall be used in conjunction with appropriated funds for
7research. All additional grants and donations for research
8shall be deposited into the Food and Agricultural Research
9Fund, a special fund created in the State treasury, and used as
10provided in this Act.
11(Source: P.A. 97-879, eff. 8-2-12.)
12 (710 ILCS 45/Act rep.)
13 Section 5-65. The Sorry Works! Pilot Program Act is
14repealed.
15 (815 ILCS 402/Act rep.)
16 Section 5-70. The Restricted Call Registry Act is repealed.
17
ARTICLE 10. MANDATE RELIEF
18 (15 ILCS 550/Act rep.)
19 Section 10-10. The Public Education Affinity Credit Card
20Act is repealed.
21 Section 10-15. The Illinois Act on the Aging is amended by

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

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1each appoint 2 members of the General Assembly and one citizen
2member to the Task Force. Citizen members may seek
3reimbursement for actual travel expenses. Representatives of
4the Department on Aging and the Departments of Healthcare and
5Family Services, Human Services, Public Health, and Commerce
6and Economic Opportunity, the Rural Affairs Council, and the
7Illinois Housing Development Authority shall serve as
8non-voting members. The Department on Aging shall provide staff
9support to the Task Force.
10 Co-chairs shall be selected by the Task Force at its first
11meeting. Both shall be appointed voting members of the Task
12Force. One co-chair shall be a member of the General Assembly
13and one shall be a citizen member. A simple majority of those
14appointed shall constitute a quorum. The Task Force may hold
15regional hearings and fact finding meetings and shall submit a
16report to the General Assembly no later than January 1, 2009.
17The Task Force is dissolved upon submission of the report.
18(Source: P.A. 95-89, eff. 8-13-07.)
19 (20 ILCS 605/605-312 rep.)
20 (20 ILCS 605/605-817 rep.)
21 Section 10-20. The Department of Commerce and Economic
22Opportunity Law of the Civil Administrative Code of Illinois is
23amended by repealing Sections 605-312 and 605-817.
24 (20 ILCS 685/Act rep.)

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1 Section 10-40. The Particle Accelerator Land Acquisition
2Act is repealed.
3 Section 10-45. The Illinois Geographic Information Council
4Act is amended by changing Section 5-5 as follows:
5 (20 ILCS 1128/5-5)
6 Sec. 5-5. Council. The Illinois Geographic Information
7Council, hereinafter called the "Council", is created within
8the Department of Natural Resources.
9 The Council shall consist of 15 17 voting members, as
10follows: the Illinois Secretary of State, the Illinois
11Secretary of Transportation, the Directors of the Illinois
12Departments of Agriculture, Central Management Services,
13Commerce and Economic Opportunity, Nuclear Safety, Public
14Health, Natural Resources, and Revenue, the Directors of the
15Illinois Emergency Management Agency and the Illinois
16Environmental Protection Agency, the President of the
17University of Illinois, the Chairman of the Illinois Commerce
18Commission, plus 4 members of the General Assembly, one each
19appointed by the Speaker and Minority Leader of the House and
20the President and Minority Leader of the Senate. An ex officio
21voting member may designate another person to carry out his or
22her duties on the Council.
23 In addition to the above members, the Governor may appoint
24up to 10 additional voting members, representing local,

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1regional, and federal agencies, professional organizations,
2academic institutions, public utilities, and the private
3sector.
4 Members appointed by the Governor shall serve at the
5pleasure of the Governor.
6(Source: P.A. 94-793, eff. 5-19-06; 94-961, eff. 6-27-06.)
7 Section 10-55. The Illinois Criminal Justice Information
8Act is amended by changing Section 7 as follows:
9 (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
10 Sec. 7. Powers and Duties. The Authority shall have the
11following powers, duties and responsibilities:
12 (a) To develop and operate comprehensive information
13 systems for the improvement and coordination of all aspects
14 of law enforcement, prosecution and corrections;
15 (b) To define, develop, evaluate and correlate State
16 and local programs and projects associated with the
17 improvement of law enforcement and the administration of
18 criminal justice;
19 (c) To act as a central repository and clearing house
20 for federal, state and local research studies, plans,
21 projects, proposals and other information relating to all
22 aspects of criminal justice system improvement and to
23 encourage educational programs for citizen support of
24 State and local efforts to make such improvements;

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1 (d) To undertake research studies to aid in
2 accomplishing its purposes;
3 (e) To monitor the operation of existing criminal
4 justice information systems in order to protect the
5 constitutional rights and privacy of individuals about
6 whom criminal history record information has been
7 collected;
8 (f) To provide an effective administrative forum for
9 the protection of the rights of individuals concerning
10 criminal history record information;
11 (g) To issue regulations, guidelines and procedures
12 which ensure the privacy and security of criminal history
13 record information consistent with State and federal laws;
14 (h) To act as the sole administrative appeal body in
15 the State of Illinois to conduct hearings and make final
16 determinations concerning individual challenges to the
17 completeness and accuracy of criminal history record
18 information;
19 (i) To act as the sole, official, criminal justice body
20 in the State of Illinois to conduct annual and periodic
21 audits of the procedures, policies, and practices of the
22 State central repositories for criminal history record
23 information to verify compliance with federal and state
24 laws and regulations governing such information;
25 (j) To advise the Authority's Statistical Analysis
26 Center;

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1 (k) To apply for, receive, establish priorities for,
2 allocate, disburse and spend grants of funds that are made
3 available by and received on or after January 1, 1983 from
4 private sources or from the United States pursuant to the
5 federal Crime Control Act of 1973, as amended, and similar
6 federal legislation, and to enter into agreements with the
7 United States government to further the purposes of this
8 Act, or as may be required as a condition of obtaining
9 federal funds;
10 (l) To receive, expend and account for such funds of
11 the State of Illinois as may be made available to further
12 the purposes of this Act;
13 (m) To enter into contracts and to cooperate with units
14 of general local government or combinations of such units,
15 State agencies, and criminal justice system agencies of
16 other states for the purpose of carrying out the duties of
17 the Authority imposed by this Act or by the federal Crime
18 Control Act of 1973, as amended;
19 (n) To enter into contracts and cooperate with units of
20 general local government outside of Illinois, other
21 states' agencies, and private organizations outside of
22 Illinois to provide computer software or design that has
23 been developed for the Illinois criminal justice system, or
24 to participate in the cooperative development or design of
25 new software or systems to be used by the Illinois criminal
26 justice system. Revenues received as a result of such

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1 arrangements shall be deposited in the Criminal Justice
2 Information Systems Trust Fund.
3 (o) To establish general policies concerning criminal
4 justice information systems and to promulgate such rules,
5 regulations and procedures as are necessary to the
6 operation of the Authority and to the uniform consideration
7 of appeals and audits;
8 (p) To advise and to make recommendations to the
9 Governor and the General Assembly on policies relating to
10 criminal justice information systems;
11 (q) To direct all other agencies under the jurisdiction
12 of the Governor to provide whatever assistance and
13 information the Authority may lawfully require to carry out
14 its functions;
15 (r) To exercise any other powers that are reasonable
16 and necessary to fulfill the responsibilities of the
17 Authority under this Act and to comply with the
18 requirements of applicable federal law or regulation;
19 (s) To exercise the rights, powers and duties which
20 have been vested in the Authority by the "Illinois Uniform
21 Conviction Information Act", enacted by the 85th General
22 Assembly, as hereafter amended;
23 (t) To exercise the rights, powers and duties which
24 have been vested in the Authority by the Illinois Motor
25 Vehicle Theft Prevention Act;
26 (u) To exercise the rights, powers, and duties vested

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1 in the Authority by the Illinois Public Safety Agency
2 Network Act; and
3 (v) To provide technical assistance in the form of
4 training to local governmental entities within Illinois
5 requesting such assistance for the purposes of procuring
6 grants for gang intervention and gang prevention programs
7 or other criminal justice programs from the United States
8 Department of Justice.
9 The requirement for reporting to the General Assembly shall
10be satisfied by filing copies of the report with the Speaker,
11the Minority Leader and the Clerk of the House of
12Representatives and the President, the Minority Leader and the
13Secretary of the Senate and the Legislative Research Unit, as
14required by Section 3.1 of "An Act to revise the law in
15relation to the General Assembly", approved February 25, 1874,
16as amended, and filing such additional copies with the State
17Government Report Distribution Center for the General Assembly
18as is required under paragraph (t) of Section 7 of the State
19Library Act.
20(Source: P.A. 97-435, eff. 1-1-12.)
21 (20 ILCS 3965/Act rep.)
22 Section 10-60. The Illinois Economic Development Board Act
23is repealed.
24 (20 ILCS 4065/Act rep.)

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1 Section 10-65. The Illinois Children's Savings Accounts
2Act is repealed.
3 (20 ILCS 5000/Act rep.)
4 Section 10-70. The Task Force on Inventorying Employment
5Restrictions Act is repealed.
6 (30 ILCS 577/35-20 rep.)
7 Section 10-80. The State Construction Minority and Female
8Building Trades Act is amended by repealing Section 35-20.
9 (30 ILCS 750/9-4.5 rep.)
10 (30 ILCS 750/11-4 rep.)
11 Section 10-85. The Build Illinois Act is amended by
12repealing Sections 9-4.5 and 11-4.
13 Section 10-90. The Illinois Income Tax Act is amended by
14changing Section 901 as follows:
15 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
16 Sec. 901. Collection authority.
17 (a) In general.
18 The Department shall collect the taxes imposed by this Act.
19The Department shall collect certified past due child support
20amounts under Section 2505-650 of the Department of Revenue Law
21(20 ILCS 2505/2505-650). Except as provided in subsections (c),

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1(e), (f), (g), and (h) of this Section, money collected
2pursuant to subsections (a) and (b) of Section 201 of this Act
3shall be paid into the General Revenue Fund in the State
4treasury; money collected pursuant to subsections (c) and (d)
5of Section 201 of this Act shall be paid into the Personal
6Property Tax Replacement Fund, a special fund in the State
7Treasury; and money collected under Section 2505-650 of the
8Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
9into the Child Support Enforcement Trust Fund, a special fund
10outside the State Treasury, or to the State Disbursement Unit
11established under Section 10-26 of the Illinois Public Aid
12Code, as directed by the Department of Healthcare and Family
13Services.
14 (b) Local Government Distributive Fund.
15 Beginning August 1, 1969, and continuing through June 30,
161994, the Treasurer shall transfer each month from the General
17Revenue Fund to a special fund in the State treasury, to be
18known as the "Local Government Distributive Fund", an amount
19equal to 1/12 of the net revenue realized from the tax imposed
20by subsections (a) and (b) of Section 201 of this Act during
21the preceding month. Beginning July 1, 1994, and continuing
22through June 30, 1995, the Treasurer shall transfer each month
23from the General Revenue Fund to the Local Government
24Distributive Fund an amount equal to 1/11 of the net revenue
25realized from the tax imposed by subsections (a) and (b) of
26Section 201 of this Act during the preceding month. Beginning

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1July 1, 1995 and continuing through January 31, 2011, the
2Treasurer shall transfer each month from the General Revenue
3Fund to the Local Government Distributive Fund an amount equal
4to the net of (i) 1/10 of the net revenue realized from the tax
5imposed by subsections (a) and (b) of Section 201 of the
6Illinois Income Tax Act during the preceding month (ii) minus,
7beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
8and beginning July 1, 2004, zero. Beginning February 1, 2011,
9and continuing through January 31, 2015, the Treasurer shall
10transfer each month from the General Revenue Fund to the Local
11Government Distributive Fund an amount equal to the sum of (i)
126% (10% of the ratio of the 3% individual income tax rate prior
13to 2011 to the 5% individual income tax rate after 2010) of the
14net revenue realized from the tax imposed by subsections (a)
15and (b) of Section 201 of this Act upon individuals, trusts,
16and estates during the preceding month and (ii) 6.86% (10% of
17the ratio of the 4.8% corporate income tax rate prior to 2011
18to the 7% corporate income tax rate after 2010) of the net
19revenue realized from the tax imposed by subsections (a) and
20(b) of Section 201 of this Act upon corporations during the
21preceding month. Beginning February 1, 2015 and continuing
22through January 31, 2025, the Treasurer shall transfer each
23month from the General Revenue Fund to the Local Government
24Distributive Fund an amount equal to the sum of (i) 8% (10% of
25the ratio of the 3% individual income tax rate prior to 2011 to
26the 3.75% individual income tax rate after 2014) of the net

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1revenue realized from the tax imposed by subsections (a) and
2(b) of Section 201 of this Act upon individuals, trusts, and
3estates during the preceding month and (ii) 9.14% (10% of the
4ratio of the 4.8% corporate income tax rate prior to 2011 to
5the 5.25% corporate income tax rate after 2014) of the net
6revenue realized from the tax imposed by subsections (a) and
7(b) of Section 201 of this Act upon corporations during the
8preceding month. Beginning February 1, 2025, the Treasurer
9shall transfer each month from the General Revenue Fund to the
10Local Government Distributive Fund an amount equal to the sum
11of (i) 9.23% (10% of the ratio of the 3% individual income tax
12rate prior to 2011 to the 3.25% individual income tax rate
13after 2024) of the net revenue realized from the tax imposed by
14subsections (a) and (b) of Section 201 of this Act upon
15individuals, trusts, and estates during the preceding month and
16(ii) 10% of the net revenue realized from the tax imposed by
17subsections (a) and (b) of Section 201 of this Act upon
18corporations during the preceding month. Net revenue realized
19for a month shall be defined as the revenue from the tax
20imposed by subsections (a) and (b) of Section 201 of this Act
21which is deposited in the General Revenue Fund, the Education
22Assistance Fund, the Income Tax Surcharge Local Government
23Distributive Fund, the Fund for the Advancement of Education,
24and the Commitment to Human Services Fund during the month
25minus the amount paid out of the General Revenue Fund in State
26warrants during that same month as refunds to taxpayers for

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1overpayment of liability under the tax imposed by subsections
2(a) and (b) of Section 201 of this Act.
3 Beginning on August 26, 2014 (the effective date of Public
4Act 98-1052), the Comptroller shall perform the transfers
5required by this subsection (b) no later than 60 days after he
6or she receives the certification from the Treasurer as
7provided in Section 1 of the State Revenue Sharing Act.
8 (c) Deposits Into Income Tax Refund Fund.
9 (1) Beginning on January 1, 1989 and thereafter, the
10 Department shall deposit a percentage of the amounts
11 collected pursuant to subsections (a) and (b)(1), (2), and
12 (3), of Section 201 of this Act into a fund in the State
13 treasury known as the Income Tax Refund Fund. The
14 Department shall deposit 6% of such amounts during the
15 period beginning January 1, 1989 and ending on June 30,
16 1989. Beginning with State fiscal year 1990 and for each
17 fiscal year thereafter, the percentage deposited into the
18 Income Tax Refund Fund during a fiscal year shall be the
19 Annual Percentage. For fiscal years 1999 through 2001, the
20 Annual Percentage shall be 7.1%. For fiscal year 2003, the
21 Annual Percentage shall be 8%. For fiscal year 2004, the
22 Annual Percentage shall be 11.7%. Upon the effective date
23 of this amendatory Act of the 93rd General Assembly, the
24 Annual Percentage shall be 10% for fiscal year 2005. For
25 fiscal year 2006, the Annual Percentage shall be 9.75%. For
26 fiscal year 2007, the Annual Percentage shall be 9.75%. For

SB1936 Enrolled- 24 -LRB100 08351 WGH 18460 b
1 fiscal year 2008, the Annual Percentage shall be 7.75%. For
2 fiscal year 2009, the Annual Percentage shall be 9.75%. For
3 fiscal year 2010, the Annual Percentage shall be 9.75%. For
4 fiscal year 2011, the Annual Percentage shall be 8.75%. For
5 fiscal year 2012, the Annual Percentage shall be 8.75%. For
6 fiscal year 2013, the Annual Percentage shall be 9.75%. For
7 fiscal year 2014, the Annual Percentage shall be 9.5%. For
8 fiscal year 2015, the Annual Percentage shall be 10%. For
9 all other fiscal years, the Annual Percentage shall be
10 calculated as a fraction, the numerator of which shall be
11 the amount of refunds approved for payment by the
12 Department during the preceding fiscal year as a result of
13 overpayment of tax liability under subsections (a) and
14 (b)(1), (2), and (3) of Section 201 of this Act plus the
15 amount of such refunds remaining approved but unpaid at the
16 end of the preceding fiscal year, minus the amounts
17 transferred into the Income Tax Refund Fund from the
18 Tobacco Settlement Recovery Fund, and the denominator of
19 which shall be the amounts which will be collected pursuant
20 to subsections (a) and (b)(1), (2), and (3) of Section 201
21 of this Act during the preceding fiscal year; except that
22 in State fiscal year 2002, the Annual Percentage shall in
23 no event exceed 7.6%. The Director of Revenue shall certify
24 the Annual Percentage to the Comptroller on the last
25 business day of the fiscal year immediately preceding the
26 fiscal year for which it is to be effective.

SB1936 Enrolled- 25 -LRB100 08351 WGH 18460 b
1 (2) Beginning on January 1, 1989 and thereafter, the
2 Department shall deposit a percentage of the amounts
3 collected pursuant to subsections (a) and (b)(6), (7), and
4 (8), (c) and (d) of Section 201 of this Act into a fund in
5 the State treasury known as the Income Tax Refund Fund. The
6 Department shall deposit 18% of such amounts during the
7 period beginning January 1, 1989 and ending on June 30,
8 1989. Beginning with State fiscal year 1990 and for each
9 fiscal year thereafter, the percentage deposited into the
10 Income Tax Refund Fund during a fiscal year shall be the
11 Annual Percentage. For fiscal years 1999, 2000, and 2001,
12 the Annual Percentage shall be 19%. For fiscal year 2003,
13 the Annual Percentage shall be 27%. For fiscal year 2004,
14 the Annual Percentage shall be 32%. Upon the effective date
15 of this amendatory Act of the 93rd General Assembly, the
16 Annual Percentage shall be 24% for fiscal year 2005. For
17 fiscal year 2006, the Annual Percentage shall be 20%. For
18 fiscal year 2007, the Annual Percentage shall be 17.5%. For
19 fiscal year 2008, the Annual Percentage shall be 15.5%. For
20 fiscal year 2009, the Annual Percentage shall be 17.5%. For
21 fiscal year 2010, the Annual Percentage shall be 17.5%. For
22 fiscal year 2011, the Annual Percentage shall be 17.5%. For
23 fiscal year 2012, the Annual Percentage shall be 17.5%. For
24 fiscal year 2013, the Annual Percentage shall be 14%. For
25 fiscal year 2014, the Annual Percentage shall be 13.4%. For
26 fiscal year 2015, the Annual Percentage shall be 14%. For

SB1936 Enrolled- 26 -LRB100 08351 WGH 18460 b
1 all other fiscal years, the Annual Percentage shall be
2 calculated as a fraction, the numerator of which shall be
3 the amount of refunds approved for payment by the
4 Department during the preceding fiscal year as a result of
5 overpayment of tax liability under subsections (a) and
6 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
7 Act plus the amount of such refunds remaining approved but
8 unpaid at the end of the preceding fiscal year, and the
9 denominator of which shall be the amounts which will be
10 collected pursuant to subsections (a) and (b)(6), (7), and
11 (8), (c) and (d) of Section 201 of this Act during the
12 preceding fiscal year; except that in State fiscal year
13 2002, the Annual Percentage shall in no event exceed 23%.
14 The Director of Revenue shall certify the Annual Percentage
15 to the Comptroller on the last business day of the fiscal
16 year immediately preceding the fiscal year for which it is
17 to be effective.
18 (3) The Comptroller shall order transferred and the
19 Treasurer shall transfer from the Tobacco Settlement
20 Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
21 in January, 2001, (ii) $35,000,000 in January, 2002, and
22 (iii) $35,000,000 in January, 2003.
23 (d) Expenditures from Income Tax Refund Fund.
24 (1) Beginning January 1, 1989, money in the Income Tax
25 Refund Fund shall be expended exclusively for the purpose
26 of paying refunds resulting from overpayment of tax

SB1936 Enrolled- 27 -LRB100 08351 WGH 18460 b
1 liability under Section 201 of this Act, for paying rebates
2 under Section 208.1 in the event that the amounts in the
3 Homeowners' Tax Relief Fund are insufficient for that
4 purpose, and for making transfers pursuant to this
5 subsection (d).
6 (2) The Director shall order payment of refunds
7 resulting from overpayment of tax liability under Section
8 201 of this Act from the Income Tax Refund Fund only to the
9 extent that amounts collected pursuant to Section 201 of
10 this Act and transfers pursuant to this subsection (d) and
11 item (3) of subsection (c) have been deposited and retained
12 in the Fund.
13 (3) As soon as possible after the end of each fiscal
14 year, the Director shall order transferred and the State
15 Treasurer and State Comptroller shall transfer from the
16 Income Tax Refund Fund to the Personal Property Tax
17 Replacement Fund an amount, certified by the Director to
18 the Comptroller, equal to the excess of the amount
19 collected pursuant to subsections (c) and (d) of Section
20 201 of this Act deposited into the Income Tax Refund Fund
21 during the fiscal year over the amount of refunds resulting
22 from overpayment of tax liability under subsections (c) and
23 (d) of Section 201 of this Act paid from the Income Tax
24 Refund Fund during the fiscal year.
25 (4) As soon as possible after the end of each fiscal
26 year, the Director shall order transferred and the State

SB1936 Enrolled- 28 -LRB100 08351 WGH 18460 b
1 Treasurer and State Comptroller shall transfer from the
2 Personal Property Tax Replacement Fund to the Income Tax
3 Refund Fund an amount, certified by the Director to the
4 Comptroller, equal to the excess of the amount of refunds
5 resulting from overpayment of tax liability under
6 subsections (c) and (d) of Section 201 of this Act paid
7 from the Income Tax Refund Fund during the fiscal year over
8 the amount collected pursuant to subsections (c) and (d) of
9 Section 201 of this Act deposited into the Income Tax
10 Refund Fund during the fiscal year.
11 (4.5) As soon as possible after the end of fiscal year
12 1999 and of each fiscal year thereafter, the Director shall
13 order transferred and the State Treasurer and State
14 Comptroller shall transfer from the Income Tax Refund Fund
15 to the General Revenue Fund any surplus remaining in the
16 Income Tax Refund Fund as of the end of such fiscal year;
17 excluding for fiscal years 2000, 2001, and 2002 amounts
18 attributable to transfers under item (3) of subsection (c)
19 less refunds resulting from the earned income tax credit.
20 (5) This Act shall constitute an irrevocable and
21 continuing appropriation from the Income Tax Refund Fund
22 for the purpose of paying refunds upon the order of the
23 Director in accordance with the provisions of this Section.
24 (e) Deposits into the Education Assistance Fund and the
25Income Tax Surcharge Local Government Distributive Fund.
26 On July 1, 1991, and thereafter, of the amounts collected

SB1936 Enrolled- 29 -LRB100 08351 WGH 18460 b
1pursuant to subsections (a) and (b) of Section 201 of this Act,
2minus deposits into the Income Tax Refund Fund, the Department
3shall deposit 7.3% into the Education Assistance Fund in the
4State Treasury. Beginning July 1, 1991, and continuing through
5January 31, 1993, of the amounts collected pursuant to
6subsections (a) and (b) of Section 201 of the Illinois Income
7Tax Act, minus deposits into the Income Tax Refund Fund, the
8Department shall deposit 3.0% into the Income Tax Surcharge
9Local Government Distributive Fund in the State Treasury.
10Beginning February 1, 1993 and continuing through June 30,
111993, of the amounts collected pursuant to subsections (a) and
12(b) of Section 201 of the Illinois Income Tax Act, minus
13deposits into the Income Tax Refund Fund, the Department shall
14deposit 4.4% into the Income Tax Surcharge Local Government
15Distributive Fund in the State Treasury. Beginning July 1,
161993, and continuing through June 30, 1994, of the amounts
17collected under subsections (a) and (b) of Section 201 of this
18Act, minus deposits into the Income Tax Refund Fund, the
19Department shall deposit 1.475% into the Income Tax Surcharge
20Local Government Distributive Fund in the State Treasury.
21 (f) Deposits into the Fund for the Advancement of
22Education. Beginning February 1, 2015, the Department shall
23deposit the following portions of the revenue realized from the
24tax imposed upon individuals, trusts, and estates by
25subsections (a) and (b) of Section 201 of this Act during the
26preceding month, minus deposits into the Income Tax Refund

SB1936 Enrolled- 30 -LRB100 08351 WGH 18460 b
1Fund, into the Fund for the Advancement of Education:
2 (1) beginning February 1, 2015, and prior to February
3 1, 2025, 1/30; and
4 (2) beginning February 1, 2025, 1/26.
5 If the rate of tax imposed by subsection (a) and (b) of
6Section 201 is reduced pursuant to Section 201.5 of this Act,
7the Department shall not make the deposits required by this
8subsection (f) on or after the effective date of the reduction.
9 (g) Deposits into the Commitment to Human Services Fund.
10Beginning February 1, 2015, the Department shall deposit the
11following portions of the revenue realized from the tax imposed
12upon individuals, trusts, and estates by subsections (a) and
13(b) of Section 201 of this Act during the preceding month,
14minus deposits into the Income Tax Refund Fund, into the
15Commitment to Human Services Fund:
16 (1) beginning February 1, 2015, and prior to February
17 1, 2025, 1/30; and
18 (2) beginning February 1, 2025, 1/26.
19 If the rate of tax imposed by subsection (a) and (b) of
20Section 201 is reduced pursuant to Section 201.5 of this Act,
21the Department shall not make the deposits required by this
22subsection (g) on or after the effective date of the reduction.
23 (h) Deposits into the Tax Compliance and Administration
24Fund. Beginning on the first day of the first calendar month to
25occur on or after August 26, 2014 (the effective date of Public
26Act 98-1098), each month the Department shall pay into the Tax

SB1936 Enrolled- 31 -LRB100 08351 WGH 18460 b
1Compliance and Administration Fund, to be used, subject to
2appropriation, to fund additional auditors and compliance
3personnel at the Department, an amount equal to 1/12 of 5% of
4the cash receipts collected during the preceding fiscal year by
5the Audit Bureau of the Department from the tax imposed by
6subsections (a), (b), (c), and (d) of Section 201 of this Act,
7net of deposits into the Income Tax Refund Fund made from those
8cash receipts.
9(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
1098-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff.
117-20-15.)
12 Section 10-95. The Property Tax Code is amended by changing
13Section 20-15 as follows:
14 (35 ILCS 200/20-15)
15 Sec. 20-15. Information on bill or separate statement.
16There shall be printed on each bill, or on a separate slip
17which shall be mailed with the bill:
18 (a) a statement itemizing the rate at which taxes have
19 been extended for each of the taxing districts in the
20 county in whose district the property is located, and in
21 those counties utilizing electronic data processing
22 equipment the dollar amount of tax due from the person
23 assessed allocable to each of those taxing districts,
24 including a separate statement of the dollar amount of tax

SB1936 Enrolled- 32 -LRB100 08351 WGH 18460 b
1 due which is allocable to a tax levied under the Illinois
2 Local Library Act or to any other tax levied by a
3 municipality or township for public library purposes,
4 (b) a separate statement for each of the taxing
5 districts of the dollar amount of tax due which is
6 allocable to a tax levied under the Illinois Pension Code
7 or to any other tax levied by a municipality or township
8 for public pension or retirement purposes,
9 (c) the total tax rate,
10 (d) the total amount of tax due, and
11 (e) the amount by which the total tax and the tax
12 allocable to each taxing district differs from the
13 taxpayer's last prior tax bill.
14 The county treasurer shall ensure that only those taxing
15districts in which a parcel of property is located shall be
16listed on the bill for that property.
17 In all counties the statement shall also provide:
18 (1) the property index number or other suitable
19 description,
20 (2) the assessment of the property,
21 (3) the statutory amount of each homestead exemption
22 applied to the property,
23 (4) the assessed value of the property after
24 application of all homestead exemptions,
25 (5) the equalization factors imposed by the county and
26 by the Department, and

SB1936 Enrolled- 33 -LRB100 08351 WGH 18460 b
1 (6) the equalized assessment resulting from the
2 application of the equalization factors to the basic
3 assessment.
4 In all counties which do not classify property for purposes
5of taxation, for property on which a single family residence is
6situated the statement shall also include a statement to
7reflect the fair cash value determined for the property. In all
8counties which classify property for purposes of taxation in
9accordance with Section 4 of Article IX of the Illinois
10Constitution, for parcels of residential property in the lowest
11assessment classification the statement shall also include a
12statement to reflect the fair cash value determined for the
13property.
14 In all counties, the statement must include information
15that certain taxpayers may be eligible for tax exemptions,
16abatements, and other assistance programs and that, for more
17information, taxpayers should consult with the office of their
18township or county assessor and with the Illinois Department of
19Revenue.
20 In all counties, the statement shall include information
21that certain taxpayers may be eligible for the Senior Citizens
22and Persons with Disabilities Property Tax Relief Act and that
23applications are available from the Illinois Department on
24Aging.
25 In counties which use the estimated or accelerated billing
26methods, these statements shall only be provided with the final

SB1936 Enrolled- 34 -LRB100 08351 WGH 18460 b
1installment of taxes due. The provisions of this Section create
2a mandatory statutory duty. They are not merely directory or
3discretionary. The failure or neglect of the collector to mail
4the bill, or the failure of the taxpayer to receive the bill,
5shall not affect the validity of any tax, or the liability for
6the payment of any tax.
7(Source: P.A. 98-93, eff. 7-16-13; 99-143, eff. 7-27-15.)
8 Section 10-100. The Illinois Public Safety Agency Network
9Act is amended by changing Section 5 as follows:
10 (50 ILCS 752/5)
11 Sec. 5. Definitions. As used in this Act, unless the
12context requires otherwise:
13 "ALECS" means the Automated Law Enforcement Communications
14System.
15 "ALERTS" means the Area-wide Law Enforcement Radio
16Terminal System.
17 "Authority" means the Illinois Criminal Justice
18Information Authority.
19 "Board" means the Board of Directors of Illinois Public
20Safety Agency Network, Inc.
21 "IPSAN" or "Partnership" means Illinois Public Safety
22Agency Network, Inc., the not-for-profit entity incorporated
23as provided in this Act.
24 "PIMS" means the Police Information Management System.

SB1936 Enrolled- 35 -LRB100 08351 WGH 18460 b
1 "Trust Fund" means the Criminal Justice Information
2Systems Trust Fund.
3(Source: P.A. 94-896, eff. 7-1-06.)
4 (235 ILCS 5/Art. XII rep.)
5 Section 10-110. The Liquor Control Act of 1934 is amended
6by repealing Article XII.
7 (310 ILCS 5/42 rep.)
8 (310 ILCS 5/43 rep.)
9 (310 ILCS 5/44 rep.)
10 Section 10-115. The State Housing Act is amended by
11repealing Sections 42, 43, and 44.
12 (310 ILCS 55/Act rep.)
13 Section 10-130. The Home Ownership Made Easy Act is
14repealed.
15 (310 ILCS 65/16 rep.)
16 Section 10-135. The Illinois Affordable Housing Act is
17amended by repealing Section 16.
18 (315 ILCS 10/4 rep.)
19 Section 10-150. The Blighted Vacant Areas Development Act
20of 1949 is amended by repealing Section 4.

SB1936 Enrolled- 36 -LRB100 08351 WGH 18460 b
1 (315 ILCS 35/Act rep.)
2 Section 10-165. The Urban Flooding Awareness Act is
3repealed.
4 Section 10-170. The Older Adult Services Act is amended by
5changing Section 35 as follows:
6 (320 ILCS 42/35)
7 Sec. 35. Older Adult Services Advisory Committee.
8 (a) The Older Adult Services Advisory Committee is created
9to advise the directors of Aging, Healthcare and Family
10Services, and Public Health on all matters related to this Act
11and the delivery of services to older adults in general.
12 (b) The Advisory Committee shall be comprised of the
13following:
14 (1) The Director of Aging or his or her designee, who
15 shall serve as chair and shall be an ex officio and
16 nonvoting member.
17 (2) The Director of Healthcare and Family Services and
18 the Director of Public Health or their designees, who shall
19 serve as vice-chairs and shall be ex officio and nonvoting
20 members.
21 (3) One representative each of the Governor's Office,
22 the Department of Healthcare and Family Services, the
23 Department of Public Health, the Department of Veterans'
24 Affairs, the Department of Human Services, the Department

SB1936 Enrolled- 37 -LRB100 08351 WGH 18460 b
1 of Insurance, the Department of Commerce and Economic
2 Opportunity, the Department on Aging, the Department on
3 Aging's State Long Term Care Ombudsman, the Illinois
4 Housing Finance Authority, and the Illinois Housing
5 Development Authority, each of whom shall be selected by
6 his or her respective director and shall be an ex officio
7 and nonvoting member.
8 (4) Thirty members appointed by the Director of Aging
9 in collaboration with the directors of Public Health and
10 Healthcare and Family Services, and selected from the
11 recommendations of statewide associations and
12 organizations, as follows:
13 (A) One member representing the Area Agencies on
14 Aging;
15 (B) Four members representing nursing homes or
16 licensed assisted living establishments;
17 (C) One member representing home health agencies;
18 (D) One member representing case management
19 services;
20 (E) One member representing statewide senior
21 center associations;
22 (F) One member representing Community Care Program
23 homemaker services;
24 (G) One member representing Community Care Program
25 adult day services;
26 (H) One member representing nutrition project

SB1936 Enrolled- 38 -LRB100 08351 WGH 18460 b
1 directors;
2 (I) One member representing hospice programs;
3 (J) One member representing individuals with
4 Alzheimer's disease and related dementias;
5 (K) Two members representing statewide trade or
6 labor unions;
7 (L) One advanced practice nurse with experience in
8 gerontological nursing;
9 (M) One physician specializing in gerontology;
10 (N) One member representing regional long-term
11 care ombudsmen;
12 (O) One member representing municipal, township,
13 or county officials;
14 (P) (Blank);
15 (Q) (Blank);
16 (R) One member representing the parish nurse
17 movement;
18 (S) One member representing pharmacists;
19 (T) Two members representing statewide
20 organizations engaging in advocacy or legal
21 representation on behalf of the senior population;
22 (U) Two family caregivers;
23 (V) Two citizen members over the age of 60;
24 (W) One citizen with knowledge in the area of
25 gerontology research or health care law;
26 (X) One representative of health care facilities

SB1936 Enrolled- 39 -LRB100 08351 WGH 18460 b
1 licensed under the Hospital Licensing Act; and
2 (Y) One representative of primary care service
3 providers.
4 The Director of Aging, in collaboration with the Directors
5of Public Health and Healthcare and Family Services, may
6appoint additional citizen members to the Older Adult Services
7Advisory Committee. Each such additional member must be either
8an individual age 60 or older or an uncompensated caregiver for
9a family member or friend who is age 60 or older.
10 (c) Voting members of the Advisory Committee shall serve
11for a term of 3 years or until a replacement is named. All
12members shall be appointed no later than January 1, 2005. Of
13the initial appointees, as determined by lot, 10 members shall
14serve a term of one year; 10 shall serve for a term of 2 years;
15and 12 shall serve for a term of 3 years. Any member appointed
16to fill a vacancy occurring prior to the expiration of the term
17for which his or her predecessor was appointed shall be
18appointed for the remainder of that term. The Advisory
19Committee shall meet at least quarterly and may meet more
20frequently at the call of the Chair. A simple majority of those
21appointed shall constitute a quorum. The affirmative vote of a
22majority of those present and voting shall be necessary for
23Advisory Committee action. Members of the Advisory Committee
24shall receive no compensation for their services.
25 (d) The Advisory Committee shall have an Executive
26Committee comprised of the Chair, the Vice Chairs, and up to 15

SB1936 Enrolled- 40 -LRB100 08351 WGH 18460 b
1members of the Advisory Committee appointed by the Chair who
2have demonstrated expertise in developing, implementing, or
3coordinating the system restructuring initiatives defined in
4Section 25. The Executive Committee shall have responsibility
5to oversee and structure the operations of the Advisory
6Committee and to create and appoint necessary subcommittees and
7subcommittee members.
8 (e) The Advisory Committee shall study and make
9recommendations related to the implementation of this Act,
10including but not limited to system restructuring initiatives
11as defined in Section 25 or otherwise related to this Act.
12(Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.)
13 (410 ILCS 48/25 rep.)
14 (410 ILCS 48/30 rep.)
15 Section 10-180. The Brominated Fire Retardant Prevention
16Act is amended by repealing Sections 25 and 30.
17 Section 10-185. The Environmental Protection Act is
18amended by changing Sections 21.6, 22.15, 22.23, 22.28, 22.29,
1955, and 55.6 as follows:
20 (415 ILCS 5/21.6) (from Ch. 111 1/2, par. 1021.6)
21 Sec. 21.6. Materials disposal ban.
22 (a) Beginning July 1, 1996, no person may knowingly mix
23liquid used oil with any municipal waste that is intended for

SB1936 Enrolled- 41 -LRB100 08351 WGH 18460 b
1collection and disposal at a landfill.
2 (b) Beginning July 1, 1996, no owner or operator of a
3sanitary landfill shall accept for final disposal liquid used
4oil that is discernible in the course of prudent business
5operation.
6 (c) For purposes of this Section, "liquid used oil" does
7not include used oil filters, rags, absorbent material used to
8collect spilled oil or other materials incidentally
9contaminated with used oil, or empty containers which
10previously contained virgin oil, re-refined oil, or used oil.
11 (d) (Blank). The Agency and the Department of Commerce and
12Economic Opportunity shall investigate the manner in which
13liquid used oil is currently being utilized and potential
14prospects for future use.
15(Source: P.A. 94-793, eff. 5-19-06.)
16 (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
17 Sec. 22.15. Solid Waste Management Fund; fees.
18 (a) There is hereby created within the State Treasury a
19special fund to be known as the "Solid Waste Management Fund",
20to be constituted from the fees collected by the State pursuant
21to this Section and from repayments of loans made from the Fund
22for solid waste projects. Moneys received by the Department of
23Commerce and Economic Opportunity in repayment of loans made
24pursuant to the Illinois Solid Waste Management Act shall be
25deposited into the General Revenue Fund.

SB1936 Enrolled- 42 -LRB100 08351 WGH 18460 b
1 (b) The Agency shall assess and collect a fee in the amount
2set forth herein from the owner or operator of each sanitary
3landfill permitted or required to be permitted by the Agency to
4dispose of solid waste if the sanitary landfill is located off
5the site where such waste was produced and if such sanitary
6landfill is owned, controlled, and operated by a person other
7than the generator of such waste. The Agency shall deposit all
8fees collected into the Solid Waste Management Fund. If a site
9is contiguous to one or more landfills owned or operated by the
10same person, the volumes permanently disposed of by each
11landfill shall be combined for purposes of determining the fee
12under this subsection.
13 (1) If more than 150,000 cubic yards of non-hazardous
14 solid waste is permanently disposed of at a site in a
15 calendar year, the owner or operator shall either pay a fee
16 of 95 cents per cubic yard or, alternatively, the owner or
17 operator may weigh the quantity of the solid waste
18 permanently disposed of with a device for which
19 certification has been obtained under the Weights and
20 Measures Act and pay a fee of $2.00 per ton of solid waste
21 permanently disposed of. In no case shall the fee collected
22 or paid by the owner or operator under this paragraph
23 exceed $1.55 per cubic yard or $3.27 per ton.
24 (2) If more than 100,000 cubic yards but not more than
25 150,000 cubic yards of non-hazardous waste is permanently
26 disposed of at a site in a calendar year, the owner or

SB1936 Enrolled- 43 -LRB100 08351 WGH 18460 b
1 operator shall pay a fee of $52,630.
2 (3) If more than 50,000 cubic yards but not more than
3 100,000 cubic yards of non-hazardous solid waste is
4 permanently disposed of at a site in a calendar year, the
5 owner or operator shall pay a fee of $23,790.
6 (4) If more than 10,000 cubic yards but not more than
7 50,000 cubic yards of non-hazardous solid waste is
8 permanently disposed of at a site in a calendar year, the
9 owner or operator shall pay a fee of $7,260.
10 (5) If not more than 10,000 cubic yards of
11 non-hazardous solid waste is permanently disposed of at a
12 site in a calendar year, the owner or operator shall pay a
13 fee of $1050.
14 (c) (Blank).
15 (d) The Agency shall establish rules relating to the
16collection of the fees authorized by this Section. Such rules
17shall include, but not be limited to:
18 (1) necessary records identifying the quantities of
19 solid waste received or disposed;
20 (2) the form and submission of reports to accompany the
21 payment of fees to the Agency;
22 (3) the time and manner of payment of fees to the
23 Agency, which payments shall not be more often than
24 quarterly; and
25 (4) procedures setting forth criteria establishing
26 when an owner or operator may measure by weight or volume

SB1936 Enrolled- 44 -LRB100 08351 WGH 18460 b
1 during any given quarter or other fee payment period.
2 (e) Pursuant to appropriation, all monies in the Solid
3Waste Management Fund shall be used by the Agency and the
4Department of Commerce and Economic Opportunity for the
5purposes set forth in this Section and in the Illinois Solid
6Waste Management Act, including for the costs of fee collection
7and administration.
8 (f) The Agency is authorized to enter into such agreements
9and to promulgate such rules as are necessary to carry out its
10duties under this Section and the Illinois Solid Waste
11Management Act.
12 (g) On the first day of January, April, July, and October
13of each year, beginning on July 1, 1996, the State Comptroller
14and Treasurer shall transfer $500,000 from the Solid Waste
15Management Fund to the Hazardous Waste Fund. Moneys transferred
16under this subsection (g) shall be used only for the purposes
17set forth in item (1) of subsection (d) of Section 22.2.
18 (h) The Agency is authorized to provide financial
19assistance to units of local government for the performance of
20inspecting, investigating and enforcement activities pursuant
21to Section 4(r) at nonhazardous solid waste disposal sites.
22 (i) The Agency is authorized to support the operations of
23an industrial materials exchange service, and to conduct
24household waste collection and disposal programs.
25 (j) A unit of local government, as defined in the Local
26Solid Waste Disposal Act, in which a solid waste disposal

SB1936 Enrolled- 45 -LRB100 08351 WGH 18460 b
1facility is located may establish a fee, tax, or surcharge with
2regard to the permanent disposal of solid waste. All fees,
3taxes, and surcharges collected under this subsection shall be
4utilized for solid waste management purposes, including
5long-term monitoring and maintenance of landfills, planning,
6implementation, inspection, enforcement and other activities
7consistent with the Solid Waste Management Act and the Local
8Solid Waste Disposal Act, or for any other environment-related
9purpose, including but not limited to an environment-related
10public works project, but not for the construction of a new
11pollution control facility other than a household hazardous
12waste facility. However, the total fee, tax or surcharge
13imposed by all units of local government under this subsection
14(j) upon the solid waste disposal facility shall not exceed:
15 (1) 60¢ per cubic yard if more than 150,000 cubic yards
16 of non-hazardous solid waste is permanently disposed of at
17 the site in a calendar year, unless the owner or operator
18 weighs the quantity of the solid waste received with a
19 device for which certification has been obtained under the
20 Weights and Measures Act, in which case the fee shall not
21 exceed $1.27 per ton of solid waste permanently disposed
22 of.
23 (2) $33,350 if more than 100,000 cubic yards, but not
24 more than 150,000 cubic yards, of non-hazardous waste is
25 permanently disposed of at the site in a calendar year.
26 (3) $15,500 if more than 50,000 cubic yards, but not

SB1936 Enrolled- 46 -LRB100 08351 WGH 18460 b
1 more than 100,000 cubic yards, of non-hazardous solid waste
2 is permanently disposed of at the site in a calendar year.
3 (4) $4,650 if more than 10,000 cubic yards, but not
4 more than 50,000 cubic yards, of non-hazardous solid waste
5 is permanently disposed of at the site in a calendar year.
6 (5) $$650 if not more than 10,000 cubic yards of
7 non-hazardous solid waste is permanently disposed of at the
8 site in a calendar year.
9 The corporate authorities of the unit of local government
10may use proceeds from the fee, tax, or surcharge to reimburse a
11highway commissioner whose road district lies wholly or
12partially within the corporate limits of the unit of local
13government for expenses incurred in the removal of
14nonhazardous, nonfluid municipal waste that has been dumped on
15public property in violation of a State law or local ordinance.
16 A county or Municipal Joint Action Agency that imposes a
17fee, tax, or surcharge under this subsection may use the
18proceeds thereof to reimburse a municipality that lies wholly
19or partially within its boundaries for expenses incurred in the
20removal of nonhazardous, nonfluid municipal waste that has been
21dumped on public property in violation of a State law or local
22ordinance.
23 If the fees are to be used to conduct a local sanitary
24landfill inspection or enforcement program, the unit of local
25government must enter into a written delegation agreement with
26the Agency pursuant to subsection (r) of Section 4. The unit of

SB1936 Enrolled- 47 -LRB100 08351 WGH 18460 b
1local government and the Agency shall enter into such a written
2delegation agreement within 60 days after the establishment of
3such fees. At least annually, the Agency shall conduct an audit
4of the expenditures made by units of local government from the
5funds granted by the Agency to the units of local government
6for purposes of local sanitary landfill inspection and
7enforcement programs, to ensure that the funds have been
8expended for the prescribed purposes under the grant.
9 The fees, taxes or surcharges collected under this
10subsection (j) shall be placed by the unit of local government
11in a separate fund, and the interest received on the moneys in
12the fund shall be credited to the fund. The monies in the fund
13may be accumulated over a period of years to be expended in
14accordance with this subsection.
15 A unit of local government, as defined in the Local Solid
16Waste Disposal Act, shall prepare and distribute to the Agency,
17in April of each year, a report that details spending plans for
18monies collected in accordance with this subsection. The report
19will at a minimum include the following:
20 (1) The total monies collected pursuant to this
21 subsection.
22 (2) The most current balance of monies collected
23 pursuant to this subsection.
24 (3) An itemized accounting of all monies expended for
25 the previous year pursuant to this subsection.
26 (4) An estimation of monies to be collected for the

SB1936 Enrolled- 48 -LRB100 08351 WGH 18460 b
1 following 3 years pursuant to this subsection.
2 (5) A narrative detailing the general direction and
3 scope of future expenditures for one, 2 and 3 years.
4 The exemptions granted under Sections 22.16 and 22.16a, and
5under subsection (k) of this Section, shall be applicable to
6any fee, tax or surcharge imposed under this subsection (j);
7except that the fee, tax or surcharge authorized to be imposed
8under this subsection (j) may be made applicable by a unit of
9local government to the permanent disposal of solid waste after
10December 31, 1986, under any contract lawfully executed before
11June 1, 1986 under which more than 150,000 cubic yards (or
1250,000 tons) of solid waste is to be permanently disposed of,
13even though the waste is exempt from the fee imposed by the
14State under subsection (b) of this Section pursuant to an
15exemption granted under Section 22.16.
16 (k) In accordance with the findings and purposes of the
17Illinois Solid Waste Management Act, beginning January 1, 1989
18the fee under subsection (b) and the fee, tax or surcharge
19under subsection (j) shall not apply to:
20 (1) Waste which is hazardous waste; or
21 (2) Waste which is pollution control waste; or
22 (3) Waste from recycling, reclamation or reuse
23 processes which have been approved by the Agency as being
24 designed to remove any contaminant from wastes so as to
25 render such wastes reusable, provided that the process
26 renders at least 50% of the waste reusable; or

SB1936 Enrolled- 49 -LRB100 08351 WGH 18460 b
1 (4) Non-hazardous solid waste that is received at a
2 sanitary landfill and composted or recycled through a
3 process permitted by the Agency; or
4 (5) Any landfill which is permitted by the Agency to
5 receive only demolition or construction debris or
6 landscape waste.
7(Source: P.A. 97-333, eff. 8-12-11.)
8 (415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)
9 Sec. 22.23. Batteries.
10 (a) Beginning September 1, 1990, any person selling
11lead-acid batteries at retail or offering lead-acid batteries
12for retail sale in this State shall:
13 (1) accept for recycling used lead-acid batteries from
14 customers, at the point of transfer, in a quantity equal to
15 the number of new batteries purchased; and
16 (2) post in a conspicuous place a written notice at
17 least 8.5 by 11 inches in size that includes the universal
18 recycling symbol and the following statements: "DO NOT put
19 motor vehicle batteries in the trash."; "Recycle your used
20 batteries."; and "State law requires us to accept motor
21 vehicle batteries for recycling, in exchange for new
22 batteries purchased.".
23 (b) Any person selling lead-acid batteries at retail in
24this State may either charge a recycling fee on each new
25lead-acid battery sold for which the customer does not return a

SB1936 Enrolled- 50 -LRB100 08351 WGH 18460 b
1used battery to the retailer, or provide a recycling credit to
2each customer who returns a used battery for recycling at the
3time of purchasing a new one.
4 (c) Beginning September 1, 1990, no lead-acid battery
5retailer may dispose of a used lead-acid battery except by
6delivering it (1) to a battery wholesaler or its agent, (2) to
7a battery manufacturer, (3) to a collection or recycling
8facility, or (4) to a secondary lead smelter permitted by
9either a state or federal environmental agency.
10 (d) Any person selling lead-acid batteries at wholesale or
11offering lead-acid batteries for sale at wholesale shall accept
12for recycling used lead-acid batteries from customers, at the
13point of transfer, in a quantity equal to the number of new
14batteries purchased. Such used batteries shall be disposed of
15as provided in subsection (c).
16 (e) A person who accepts used lead-acid batteries for
17recycling pursuant to subsection (a) or (d) shall not allow
18such batteries to accumulate for periods of more than 90 days.
19 (f) Beginning September 1, 1990, no person may knowingly
20cause or allow:
21 (1) the placing of a lead-acid battery into any
22 container intended for collection and disposal at a
23 municipal waste sanitary landfill; or
24 (2) the disposal of any lead-acid battery in any
25 municipal waste sanitary landfill or incinerator.
26 (g) (Blank). The Department of Commerce and Economic

SB1936 Enrolled- 51 -LRB100 08351 WGH 18460 b
1Opportunity shall identify and assist in developing
2alternative processing and recycling options for used
3batteries.
4 (h) For the purpose of this Section:
5 "Lead-acid battery" means a battery containing lead and
6sulfuric acid that has a nominal voltage of at least 6 volts
7and is intended for use in motor vehicles.
8 "Motor vehicle" includes automobiles, vans, trucks,
9tractors, motorcycles and motorboats.
10 (i) (Blank.)
11 (j) Knowing violation of this Section shall be a petty
12offense punishable by a fine of $100.
13(Source: P.A. 94-793, eff. 5-19-06.)
14 (415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
15 Sec. 22.28. White goods.
16 (a) No Beginning July 1, 1994, no person shall knowingly
17offer for collection or collect white goods for the purpose of
18disposal by landfilling unless the white good components have
19been removed.
20 (b) No Beginning July 1, 1994, no owner or operator of a
21landfill shall accept any white goods for final disposal,
22except that white goods may be accepted if:
23 (1) (blank); the landfill participates in the
24 Industrial Materials Exchange Service by communicating the
25 availability of white goods;

SB1936 Enrolled- 52 -LRB100 08351 WGH 18460 b
1 (2) prior to final disposal, any white good components
2 have been removed from the white goods; and
3 (3) if white good components are removed from the white
4 goods at the landfill, a site operating plan satisfying
5 this Act has been approved under the landfill's site
6 operating permit and the conditions of the such operating
7 plan are met.
8 (c) For the purposes of this Section:
9 (1) "White goods" shall include all discarded
10 refrigerators, ranges, water heaters, freezers, air
11 conditioners, humidifiers and other similar domestic and
12 commercial large appliances.
13 (2) "White good components" shall include:
14 (i) any chlorofluorocarbon refrigerant gas;
15 (ii) any electrical switch containing mercury;
16 (iii) any device that contains or may contain PCBs
17 in a closed system, such as a dielectric fluid for a
18 capacitor, ballast or other component; and
19 (iv) any fluorescent lamp that contains mercury.
20 (d) The Agency is authorized to provide financial
21assistance to units of local government from the Solid Waste
22Management Fund to plan for and implement programs to collect,
23transport and manage white goods. Units of local government may
24apply jointly for financial assistance under this Section.
25 Applications for such financial assistance shall be
26submitted to the Agency and must provide a description of:

SB1936 Enrolled- 53 -LRB100 08351 WGH 18460 b
1 (A) the area to be served by the program;
2 (B) the white goods intended to be included in the
3 program;
4 (C) the methods intended to be used for collecting
5 and receiving materials;
6 (D) the property, buildings, equipment and
7 personnel included in the program;
8 (E) the public education systems to be used as part
9 of the program;
10 (F) the safety and security systems that will be
11 used;
12 (G) the intended processing methods for each white
13 goods type;
14 (H) the intended destination for final material
15 handling location; and
16 (I) any staging sites used to handle collected
17 materials, the activities to be performed at such sites
18 and the procedures for assuring removal of collected
19 materials from such sites.
20 The application may be amended to reflect changes in
21operating procedures, destinations for collected materials, or
22other factors.
23 Financial assistance shall be awarded for a State fiscal
24year, and may be renewed, upon application, if the Agency
25approves the operation of the program.
26 (e) All materials collected or received under a program

SB1936 Enrolled- 54 -LRB100 08351 WGH 18460 b
1operated with financial assistance under this Section shall be
2recycled whenever possible. Treatment or disposal of collected
3materials are not eligible for financial assistance unless the
4applicant shows and the Agency approves which materials may be
5treated or disposed of under various conditions.
6 Any revenue from the sale of materials collected under such
7a program shall be retained by the unit of local government and
8may be used only for the same purposes as the financial
9assistance under this Section.
10 (f) The Agency is authorized to adopt rules necessary or
11appropriate to the administration of this Section.
12 (g) (Blank).
13(Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
14 (415 ILCS 5/22.29) (from Ch. 111 1/2, par. 1022.29)
15 Sec. 22.29. (a) Except as provided in subsection (c), any
16waste material generated by processing recyclable metals by
17shredding shall be managed as a special waste unless (1) a site
18operating plan has been approved by the Agency and the
19conditions of such operating plan are met; and (2) the facility
20participates in the Industrial Materials Exchange Service by
21communicating availability to process recyclable metals.
22 (b) An operating plan submitted to the Agency under this
23Section shall include the following concerning recyclable
24metals processing and components which may contaminate waste
25from shredding recyclable metals (such as lead acid batteries,

SB1936 Enrolled- 55 -LRB100 08351 WGH 18460 b
1fuel tanks, or components that contain or may contain PCB's in
2a closed system such as a capacitor or ballast):
3 (1) procedures for inspecting recyclable metals when
4 received to assure that such components are identified;
5 (2) a list of equipment and removal procedures to be
6 used to assure proper removal of such components;
7 (3) procedures for safe storage of such components
8 after removal and any waste materials;
9 (4) procedures to assure that such components and waste
10 materials will only be stored for a period long enough to
11 accumulate the proper quantities for off-site
12 transportation;
13 (5) identification of how such components and waste
14 materials will be managed after removal from the site to
15 assure proper handling and disposal;
16 (6) procedures for sampling and analyzing waste
17 intended for disposal or off-site handling as a waste;
18 (7) a demonstration, including analytical reports,
19 that any waste generated is not a hazardous waste and will
20 not pose a present or potential threat to human health or
21 the environment.
22 (c) Any waste generated as a result of processing
23recyclable metals by shredding which is determined to be
24hazardous waste shall be managed as a hazardous waste.
25 (d) The Agency is authorized to adopt rules necessary or
26appropriate to the administration of this Section.

SB1936 Enrolled- 56 -LRB100 08351 WGH 18460 b
1(Source: P.A. 87-806; 87-895.)
2 (415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
3 Sec. 55. Prohibited activities.
4 (a) No person shall:
5 (1) Cause or allow the open dumping of any used or
6 waste tire.
7 (2) Cause or allow the open burning of any used or
8 waste tire.
9 (3) Except at a tire storage site which contains more
10 than 50 used tires, cause or allow the storage of any used
11 tire unless the tire is altered, reprocessed, converted,
12 covered, or otherwise prevented from accumulating water.
13 (4) Cause or allow the operation of a tire storage site
14 except in compliance with Board regulations.
15 (5) Abandon, dump or dispose of any used or waste tire
16 on private or public property, except in a sanitary
17 landfill approved by the Agency pursuant to regulations
18 adopted by the Board.
19 (6) Fail to submit required reports, tire removal
20 agreements, or Board regulations.
21 (b) (Blank.)
22 (b-1) No Beginning January 1, 1995, no person shall
23knowingly mix any used or waste tire, either whole or cut, with
24municipal waste, and no owner or operator of a sanitary
25landfill shall accept any used or waste tire for final

SB1936 Enrolled- 57 -LRB100 08351 WGH 18460 b
1disposal; except that used or waste tires, when separated from
2other waste, may be accepted if: (1) the sanitary landfill
3provides and maintains a means for shredding, slitting, or
4chopping whole tires and so treats whole tires and, if approved
5by the Agency in a permit issued under this Act, uses the used
6or waste tires for alternative uses, which may include on-site
7practices such as lining of roadways with tire scraps,
8alternative daily cover, or use in a leachate collection system
9or (2) the sanitary landfill, by its notification to the
10Illinois Industrial Materials Exchange Service, makes
11available the used or waste tire to an appropriate facility for
12reuse, reprocessing, or converting, including use as an
13alternate energy fuel. If, within 30 days after notification to
14the Illinois Industrial Materials Exchange Service of the
15availability of waste tires, no specific request for the used
16or waste tires is received by the sanitary landfill, and the
17sanitary landfill determines it has no alternative use for
18those used or waste tires, the sanitary landfill may dispose of
19slit, chopped, or shredded used or waste tires in the sanitary
20landfill. In the event the physical condition of a used or
21waste tire makes shredding, slitting, chopping, reuse,
22reprocessing, or other alternative use of the used or waste
23tire impractical or infeasible, then the sanitary landfill,
24after authorization by the Agency, may accept the used or waste
25tire for disposal.
26 Sanitary landfills and facilities for reuse, reprocessing,

SB1936 Enrolled- 58 -LRB100 08351 WGH 18460 b
1or converting, including use as alternative fuel, shall (i)
2notify the Illinois Industrial Materials Exchange Service of
3the availability of and demand for used or waste tires and (ii)
4consult with the Department of Commerce and Economic
5Opportunity regarding the status of marketing of waste tires to
6facilities for reuse.
7 (c) Any person who sells new or used tires at retail or
8operates a tire storage site or a tire disposal site which
9contains more than 50 used or waste tires shall give notice of
10such activity to the Agency. Any person engaging in such
11activity for the first time after January 1, 1990, shall give
12notice to the Agency within 30 days after the date of
13commencement of the activity. The form of such notice shall be
14specified by the Agency and shall be limited to information
15regarding the following:
16 (1) the name and address of the owner and operator;
17 (2) the name, address and location of the operation;
18 (3) the type of operations involving used and waste
19 tires (storage, disposal, conversion or processing); and
20 (4) the number of used and waste tires present at the
21 location.
22 (d) Beginning January 1, 1992, no person shall cause or
23allow the operation of:
24 (1) a tire storage site which contains more than 50
25 used tires, unless the owner or operator, by January 1,
26 1992 (or the January 1 following commencement of operation,

SB1936 Enrolled- 59 -LRB100 08351 WGH 18460 b
1 whichever is later) and January 1 of each year thereafter,
2 (i) registers the site with the Agency, except that the
3 registration requirement in this item (i) does not apply in
4 the case of a tire storage site required to be permitted
5 under subsection (d-5), (ii) certifies to the Agency that
6 the site complies with any applicable standards adopted by
7 the Board pursuant to Section 55.2, (iii) reports to the
8 Agency the number of tires accumulated, the status of
9 vector controls, and the actions taken to handle and
10 process the tires, and (iv) pays the fee required under
11 subsection (b) of Section 55.6; or
12 (2) a tire disposal site, unless the owner or operator
13 (i) has received approval from the Agency after filing a
14 tire removal agreement pursuant to Section 55.4, or (ii)
15 has entered into a written agreement to participate in a
16 consensual removal action under Section 55.3.
17 The Agency shall provide written forms for the annual
18registration and certification required under this subsection
19(d).
20 (d-4) On or before January 1, 2015, the owner or operator
21of each tire storage site that contains used tires totaling
22more than 10,000 passenger tire equivalents, or at which more
23than 500 tons of used tires are processed in a calendar year,
24shall submit documentation demonstrating its compliance with
25Board rules adopted under this Title. This documentation must
26be submitted on forms and in a format prescribed by the Agency.

SB1936 Enrolled- 60 -LRB100 08351 WGH 18460 b
1 (d-5) Beginning July 1, 2016, no person shall cause or
2allow the operation of a tire storage site that contains used
3tires totaling more than 10,000 passenger tire equivalents, or
4at which more than 500 tons of used tires are processed in a
5calendar year, without a permit granted by the Agency or in
6violation of any conditions imposed by that permit, including
7periodic reports and full access to adequate records and the
8inspection of facilities, as may be necessary to ensure
9compliance with this Act and with regulations and standards
10adopted under this Act.
11 (d-6) No person shall cause or allow the operation of a
12tire storage site in violation of the financial assurance rules
13established by the Board under subsection (b) of Section 55.2
14of this Act. In addition to the remedies otherwise provided
15under this Act, the State's Attorney of the county in which the
16violation occurred, or the Attorney General, may, at the
17request of the Agency or on his or her own motion, institute a
18civil action for an immediate injunction, prohibitory or
19mandatory, to restrain any violation of this subsection (d-6)
20or to require any other action as may be necessary to abate or
21mitigate any immediate danger or threat to public health or the
22environment at the site. Injunctions to restrain a violation of
23this subsection (d-6) may include, but are not limited to, the
24required removal of all tires for which financial assurance is
25not maintained and a prohibition against the acceptance of
26tires in excess of the amount for which financial assurance is

SB1936 Enrolled- 61 -LRB100 08351 WGH 18460 b
1maintained.
2 (e) No person shall cause or allow the storage, disposal,
3treatment or processing of any used or waste tire in violation
4of any regulation or standard adopted by the Board.
5 (f) No person shall arrange for the transportation of used
6or waste tires away from the site of generation with a person
7known to openly dump such tires.
8 (g) No person shall engage in any operation as a used or
9waste tire transporter except in compliance with Board
10regulations.
11 (h) No person shall cause or allow the combustion of any
12used or waste tire in an enclosed device unless a permit has
13been issued by the Agency authorizing such combustion pursuant
14to regulations adopted by the Board for the control of air
15pollution and consistent with the provisions of Section 9.4 of
16this Act.
17 (i) No person shall cause or allow the use of pesticides to
18treat tires except as prescribed by Board regulations.
19 (j) No person shall fail to comply with the terms of a tire
20removal agreement approved by the Agency pursuant to Section
2155.4.
22 (k) No person shall:
23 (1) Cause or allow water to accumulate in used or waste
24 tires. The prohibition set forth in this paragraph (1) of
25 subsection (k) shall not apply to used or waste tires
26 located at a residential household, as long as not more

SB1936 Enrolled- 62 -LRB100 08351 WGH 18460 b
1 than 12 used or waste tires are located at the site.
2 (2) Fail to collect a fee required under Section 55.8
3 of this Title.
4 (3) Fail to file a return required under Section 55.10
5 of this Title.
6 (4) Transport used or waste tires in violation of the
7 registration and vehicle placarding requirements adopted
8 by the Board.
9(Source: P.A. 98-656, eff. 6-19-14.)
10 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
11 Sec. 55.6. Used Tire Management Fund.
12 (a) There is hereby created in the State Treasury a special
13fund to be known as the Used Tire Management Fund. There shall
14be deposited into the Fund all monies received as (1) recovered
15costs or proceeds from the sale of used tires under Section
1655.3 of this Act, (2) repayment of loans from the Used Tire
17Management Fund, or (3) penalties or punitive damages for
18violations of this Title, except as provided by subdivision
19(b)(4) or (b)(4-5) of Section 42.
20 (b) Beginning January 1, 1992, in addition to any other
21fees required by law, the owner or operator of each site
22required to be registered or permitted under subsection (d) or
23(d-5) of Section 55 shall pay to the Agency an annual fee of
24$100. Fees collected under this subsection shall be deposited
25into the Environmental Protection Permit and Inspection Fund.

SB1936 Enrolled- 63 -LRB100 08351 WGH 18460 b
1 (c) Pursuant to appropriation, monies up to an amount of $2
2million per fiscal year from the Used Tire Management Fund
3shall be allocated as follows:
4 (1) 38% shall be available to the Agency for the
5 following purposes, provided that priority shall be given
6 to item (i):
7 (i) To undertake preventive, corrective or removal
8 action as authorized by and in accordance with Section
9 55.3, and to recover costs in accordance with Section
10 55.3.
11 (ii) For the performance of inspection and
12 enforcement activities for used and waste tire sites.
13 (iii) (Blank). To assist with marketing of used
14 tires by augmenting the operations of an industrial
15 materials exchange service.
16 (iv) To provide financial assistance to units of
17 local government for the performance of inspecting,
18 investigating and enforcement activities pursuant to
19 subsection (r) of Section 4 at used and waste tire
20 sites.
21 (v) To provide financial assistance for used and
22 waste tire collection projects sponsored by local
23 government or not-for-profit corporations.
24 (vi) For the costs of fee collection and
25 administration relating to used and waste tires, and to
26 accomplish such other purposes as are authorized by

SB1936 Enrolled- 64 -LRB100 08351 WGH 18460 b
1 this Act and regulations thereunder.
2 (vii) To provide financial assistance to units of
3 local government and private industry for the purposes
4 of:
5 (A) assisting in the establishment of
6 facilities and programs to collect, process, and
7 utilize used and waste tires and tire-derived
8 materials;
9 (B) demonstrating the feasibility of
10 innovative technologies as a means of collecting,
11 storing, processing, and utilizing used and waste
12 tires and tire-derived materials; and
13 (C) applying demonstrated technologies as a
14 means of collecting, storing, processing, and
15 utilizing used and waste tires and tire-derived
16 materials.
17 (2) For fiscal years beginning prior to July 1, 2004,
18 23% shall be available to the Department of Commerce and
19 Economic Opportunity for the following purposes, provided
20 that priority shall be given to item (A):
21 (A) To provide grants or loans for the purposes of:
22 (i) assisting units of local government and
23 private industry in the establishment of
24 facilities and programs to collect, process and
25 utilize used and waste tires and tire derived
26 materials;

SB1936 Enrolled- 65 -LRB100 08351 WGH 18460 b
1 (ii) demonstrating the feasibility of
2 innovative technologies as a means of collecting,
3 storing, processing and utilizing used and waste
4 tires and tire derived materials; and
5 (iii) applying demonstrated technologies as a
6 means of collecting, storing, processing, and
7 utilizing used and waste tires and tire derived
8 materials.
9 (B) To develop educational material for use by
10 officials and the public to better understand and
11 respond to the problems posed by used tires and
12 associated insects.
13 (C) (Blank).
14 (D) To perform such research as the Director deems
15 appropriate to help meet the purposes of this Act.
16 (E) To pay the costs of administration of its
17 activities authorized under this Act.
18 (2.1) For the fiscal year beginning July 1, 2004 and
19 for all fiscal years thereafter, 23% shall be deposited
20 into the General Revenue Fund.
21 (3) 25% shall be available to the Illinois Department
22 of Public Health for the following purposes:
23 (A) To investigate threats or potential threats to
24 the public health related to mosquitoes and other
25 vectors of disease associated with the improper
26 storage, handling and disposal of tires, improper

SB1936 Enrolled- 66 -LRB100 08351 WGH 18460 b
1 waste disposal, or natural conditions.
2 (B) To conduct surveillance and monitoring
3 activities for mosquitoes and other arthropod vectors
4 of disease, and surveillance of animals which provide a
5 reservoir for disease-producing organisms.
6 (C) To conduct training activities to promote
7 vector control programs and integrated pest management
8 as defined in the Vector Control Act.
9 (D) To respond to inquiries, investigate
10 complaints, conduct evaluations and provide technical
11 consultation to help reduce or eliminate public health
12 hazards and nuisance conditions associated with
13 mosquitoes and other vectors.
14 (E) To provide financial assistance to units of
15 local government for training, investigation and
16 response to public nuisances associated with
17 mosquitoes and other vectors of disease.
18 (4) 2% shall be available to the Department of
19 Agriculture for its activities under the Illinois
20 Pesticide Act relating to used and waste tires.
21 (5) 2% shall be available to the Pollution Control
22 Board for administration of its activities relating to used
23 and waste tires.
24 (6) 10% shall be available to the Department of Natural
25 Resources for the Illinois Natural History Survey to
26 perform research to study the biology, distribution,

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

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

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1 derived materials; and
2 (iii) applying demonstrated technologies as a
3 means of collecting, storing, processing, and
4 utilizing used and waste tires and tire derived
5 materials.
6 (3) For the fiscal year beginning July 1, 2004 and for
7 all fiscal years thereafter, 45% shall be deposited into
8 the General Revenue Fund.
9(Source: P.A. 98-656, eff. 6-19-14.)
10 (415 ILCS 15/8 rep.)
11 (415 ILCS 15/8.5 rep.)
12 Section 10-195. The Solid Waste Planning and Recycling Act
13is amended by repealing Sections 8 and 8.5.
14 Section 10-200. The Illinois Solid Waste Management Act is
15amended by changing Section 6 as follows:
16 (415 ILCS 20/6) (from Ch. 111 1/2, par. 7056)
17 Sec. 6. The Department of Commerce and Economic Opportunity
18shall be the lead agency for implementation of this Act and
19shall have the following powers:
20 (a) To provide technical and educational assistance for
21applications of technologies and practices which will minimize
22the land disposal of non-hazardous solid waste; economic
23feasibility of implementation of solid waste management

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

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

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

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

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

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1any, between such threat or potential threat and possible
2exposure to hazardous substances at the designated site.
3(Source: P.A. 84-987.)
4 (415 ILCS 80/3 rep.)
5 (415 ILCS 80/4 rep.)
6 Section 10-220. The Degradable Plastic Act is amended by
7repealing Sections 3 and 4.
8 (415 ILCS 120/25 rep.)
9 Section 10-230. The Alternate Fuels Act is amended by
10repealing Section 25.
11 Section 10-235. The Interstate Ozone Transport Oversight
12Act is amended by changing Section 20 as follows:
13 (415 ILCS 130/20)
14 Sec. 20. Legislative referral and public hearings.
15 (a) Not later than 10 days after the development of any
16proposed memorandum of understanding by the Ozone Transport
17Assessment Group potentially requiring the State of Illinois to
18undertake emission reductions in addition to those specified by
19the Clean Air Act Amendments of 1990, or subsequent to the
20issuance of a request made by the United States Environmental
21Protection Agency on or after June 1, 1997 for submission of a
22State Implementation Plan for Illinois relating to ozone

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

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1receive comments from agencies of government and other
2interested parties on the memorandum of understanding's or
3State Implementation Plan's prospective economic and
4environmental impacts, including its impacts on energy use,
5economic development, utility costs and rates, and
6competitiveness. Additionally, comments shall be received on
7the prospective economic and environmental impacts, including
8impacts on energy use, economic development, utility costs and
9rates, and competitiveness, which may result from
10implementation of any alternate strategies.
11(Source: P.A. 97-916, eff. 8-9-12.)
12 (505 ILCS 84/Act rep.)
13 Section 10-240. The Illinois Food, Farms, and Jobs Act is
14repealed.
15
ARTICLE 99. EXEMPTIONS; SEVERABILITY; EFFECTIVE DATE
16 Section 99-90. The State Mandates Act is amended by adding
17Section 8.41 as follows:
18 (30 ILCS 805/8.41 new)
19 Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
20of this Act, no reimbursement by the State is required for the
21implementation of any mandate created by this amendatory Act of
22the 100th General Assembly.

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