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


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

Spectrum: Bipartisan Bill

Status: (Passed) 2018-07-20 - Public Act . . . . . . . . . 100-0621 [SB1936 Detail]

Download: Illinois-2017-SB1936-Chaptered.html



Public Act 100-0621
SB1936 EnrolledLRB100 08351 WGH 18460 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 5. AMENDATORY PROVISIONS
(20 ILCS 605/605-523 rep.)
Section 5-5. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by repealing Section 605-523.
(20 ILCS 3930/9 rep.)
Section 5-10. The Illinois Criminal Justice Information
Act is amended by repealing Section 9.
(20 ILCS 3988/35 rep.)
Section 5-15. The Local Legacy Act is amended by repealing
Section 35.
(30 ILCS 105/5.102 rep.)
(30 ILCS 105/5.172 rep.)
(30 ILCS 105/5.325 rep.)
(30 ILCS 105/5.423 rep.)
(30 ILCS 105/5.512 rep.)
(30 ILCS 105/5.541 rep.)
(30 ILCS 105/5.556 rep.)
(30 ILCS 105/5.591 rep.)
(30 ILCS 105/5.595 rep.)
(30 ILCS 105/5.625 rep.)
(30 ILCS 105/5.626 rep.)
(30 ILCS 105/5.627 rep.)
(30 ILCS 105/5.628 rep.)
(30 ILCS 105/5.661 rep.)
(30 ILCS 105/5.779 rep.)
(30 ILCS 105/5.813 rep.)
(30 ILCS 105/5.818 rep.)
(30 ILCS 105/6a-5 rep.)
(30 ILCS 105/6z-55 rep.)
(30 ILCS 105/6z-83 rep.)
(30 ILCS 105/6z-93 rep.)
Section 5-20. The State Finance Act is amended by repealing
Sections 5.102, 5.172, 5.325, 5.423, 5.512, 5.541, 5.556,
5.591, 5.595, 5.625, 5.626, 5.627, 5.628, 5.661, 5.779, 5.813,
5.818, 6a-5, 6z-55, 6z-83, and 6z-93.
(35 ILCS 5/208.1 rep.)
(35 ILCS 5/507XX rep.)
Section 5-25. The Illinois Income Tax Act is amended by
repealing Sections 208.1 and 507XX.
Section 5-30. The Economic Development for a Growing
Economy Tax Credit Act is amended by changing Section 5-80 as
follows:
(35 ILCS 10/5-80)
Sec. 5-80. Adoption of rules. The Department may adopt
rules necessary to implement this Act. The rules may provide
for recipients of Credits under this Act to be charged fees to
cover administrative costs of the tax credit program. Fees
collected shall be deposited into the General Revenue Economic
Development for a Growing Economy Fund.
(Source: P.A. 91-476, eff. 8-11-99.)
(35 ILCS 10/5-85 rep.)
Section 5-35. The Economic Development for a Growing
Economy Tax Credit Act is amended by repealing Section 5-85.
(110 ILCS 805/2-16.03 rep.)
Section 5-40. The Public Community College Act is amended
by repealing Section 2-16.03.
Section 5-45. The Higher Education Student Assistance Act
is amended by changing Section 35 as follows:
(110 ILCS 947/35)
Sec. 35. Monetary award program.
(a) The Commission shall, each year, receive and consider
applications for grant assistance under this Section. Subject
to a separate appropriation for such purposes, an applicant is
eligible for a grant under this Section when the Commission
finds that the applicant:
(1) is a resident of this State and a citizen or
permanent resident of the United States; and
(2) in the absence of grant assistance, will be
deterred by financial considerations from completing an
educational program at the qualified institution of his or
her choice.
(b) The Commission shall award renewals only upon the
student's application and upon the Commission's finding that
the applicant:
(1) has remained a student in good standing;
(2) remains a resident of this State; and
(3) is in a financial situation that continues to
warrant assistance.
(c) All grants shall be applicable only to tuition and
necessary fee costs. The Commission shall determine the grant
amount for each student, which shall not exceed the smallest of
the following amounts:
(1) subject to appropriation, $5,468 for fiscal year
2009, $5,968 for fiscal year 2010, and $6,468 for fiscal
year 2011 and each fiscal year thereafter, or such lesser
amount as the Commission finds to be available, during an
academic year;
(2) the amount which equals 2 semesters or 3 quarters
tuition and other necessary fees required generally by the
institution of all full-time undergraduate students; or
(3) such amount as the Commission finds to be
appropriate in view of the applicant's financial
resources.
Subject to appropriation, the maximum grant amount for
students not subject to subdivision (1) of this subsection (c)
must be increased by the same percentage as any increase made
by law to the maximum grant amount under subdivision (1) of
this subsection (c).
"Tuition and other necessary fees" as used in this Section
include the customary charge for instruction and use of
facilities in general, and the additional fixed fees charged
for specified purposes, which are required generally of
nongrant recipients for each academic period for which the
grant applicant actually enrolls, but do not include fees
payable only once or breakage fees and other contingent
deposits which are refundable in whole or in part. The
Commission may prescribe, by rule not inconsistent with this
Section, detailed provisions concerning the computation of
tuition and other necessary fees.
(d) No applicant, including those presently receiving
scholarship assistance under this Act, is eligible for monetary
award program consideration under this Act after receiving a
baccalaureate degree or the equivalent of 135 semester credit
hours of award payments.
(e) The Commission, in determining the number of grants to
be offered, shall take into consideration past experience with
the rate of grant funds unclaimed by recipients. The Commission
shall notify applicants that grant assistance is contingent
upon the availability of appropriated funds.
(e-5) The General Assembly finds and declares that it is an
important purpose of the Monetary Award Program to facilitate
access to college both for students who pursue postsecondary
education immediately following high school and for those who
pursue postsecondary education later in life, particularly
Illinoisans who are dislocated workers with financial need and
who are seeking to improve their economic position through
education. For the 2015-2016 and 2016-2017 academic years, the
Commission shall give additional and specific consideration to
the needs of dislocated workers with the intent of allowing
applicants who are dislocated workers an opportunity to secure
financial assistance even if applying later than the general
pool of applicants. The Commission's consideration shall
include, in determining the number of grants to be offered, an
estimate of the resources needed to serve dislocated workers
who apply after the Commission initially suspends award
announcements for the upcoming regular academic year, but prior
to the beginning of that academic year. For the purposes of
this subsection (e-5), a dislocated worker is defined as in the
federal Workforce Investment Act of 1998.
(f) (Blank). The Commission may request appropriations for
deposit into the Monetary Award Program Reserve Fund. Monies
deposited into the Monetary Award Program Reserve Fund may be
expended exclusively for one purpose: to make Monetary Award
Program grants to eligible students. Amounts on deposit in the
Monetary Award Program Reserve Fund may not exceed 2% of the
current annual State appropriation for the Monetary Award
Program.
The purpose of the Monetary Award Program Reserve Fund is
to enable the Commission each year to assure as many students
as possible of their eligibility for a Monetary Award Program
grant and to do so before commencement of the academic year.
Moneys deposited in this Reserve Fund are intended to enhance
the Commission's management of the Monetary Award Program,
minimizing the necessity, magnitude, and frequency of
adjusting award amounts and ensuring that the annual Monetary
Award Program appropriation can be fully utilized.
(g) The Commission shall determine the eligibility of and
make grants to applicants enrolled at qualified for-profit
institutions in accordance with the criteria set forth in this
Section. The eligibility of applicants enrolled at such
for-profit institutions shall be limited as follows:
(1) Beginning with the academic year 1997, only to
eligible first-time freshmen and first-time transfer
students who have attained an associate degree.
(2) Beginning with the academic year 1998, only to
eligible freshmen students, transfer students who have
attained an associate degree, and students who receive a
grant under paragraph (1) for the academic year 1997 and
whose grants are being renewed for the academic year 1998.
(3) Beginning with the academic year 1999, to all
eligible students.
(Source: P.A. 98-967, eff. 8-15-14.)
Section 5-50. The Alzheimer's Disease Assistance Act is
amended by changing Section 7 as follows:
(410 ILCS 405/7) (from Ch. 111 1/2, par. 6957)
Sec. 7. Regional ADA center funding. Pursuant to
appropriations enacted by the General Assembly, the Department
shall provide funds to hospitals affiliated with each Regional
ADA Center for necessary research and for the development and
maintenance of services for individuals with Alzheimer's
disease and related disorders and their families. For the
fiscal year beginning July 1, 2003, and each year thereafter,
the Department shall effect payments under this Section to
hospitals affiliated with each Regional ADA Center through the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) under the Excellence in
Alzheimer's Disease Center Treatment Act. The Department of
Healthcare and Family Services shall annually report to the
Advisory Committee established under this Act regarding the
funding of centers under this Act. The Department shall include
the annual expenditures for this purpose in the plan required
by Section 5 of this Act.
(Source: P.A. 97-768, eff. 1-1-13.)
(410 ILCS 407/Act rep.)
Section 5-55. The Excellence in Alzheimer's Disease Center
Treatment Act is repealed.
Section 5-60. The Food and Agriculture Research Act is
amended by changing Section 25 as follows:
(505 ILCS 82/25)
Sec. 25. Administrative oversight.
(a) The Department of Agriculture shall provide general
administrative oversight with the assistance and advice of duly
elected Board of Directors of the Illinois Council on Food and
Agricultural Research. Food and agricultural research
administrators at each of the universities shall administer the
specifics of the funded research programs. Annually the
Illinois Council on Food and Agricultural Research
administrators shall prepare a combined proposed budget for the
research that the Director of Agriculture shall submit to the
Governor for inclusion in the Executive budget and
consideration by the General Assembly. The budget shall specify
major categories of proposed expenditures, including salary,
wages, and fringe benefits; operation and maintenance;
supplies and expenses; and capital improvements.
(b) (Blank). The Department, with the assistance of the
Illinois Council on Food and Agricultural Research, may seek
additional grants and donations for research. Additional funds
shall be used in conjunction with appropriated funds for
research. All additional grants and donations for research
shall be deposited into the Food and Agricultural Research
Fund, a special fund created in the State treasury, and used as
provided in this Act.
(Source: P.A. 97-879, eff. 8-2-12.)
(710 ILCS 45/Act rep.)
Section 5-65. The Sorry Works! Pilot Program Act is
repealed.
(815 ILCS 402/Act rep.)
Section 5-70. The Restricted Call Registry Act is repealed.
ARTICLE 10. MANDATE RELIEF
(15 ILCS 550/Act rep.)
Section 10-10. The Public Education Affinity Credit Card
Act is repealed.
Section 10-15. The Illinois Act on the Aging is amended by
changing Section 4.14 as follows:
(20 ILCS 105/4.14)
Sec. 4.14. Rural Senior Citizen Program.
(a) The General Assembly finds that it is in the best
interest of the citizens of Illinois to identify and address
the special challenges and needs faced by older rural
residents. The General Assembly further finds that rural areas
are often under-served and unserved to the detriment of older
residents and their families, which may require the allocation
of additional resources.
(b) The Department shall identify the special needs and
problems of older rural residents and evaluate the adequacy and
accessibility of existing programs and information for older
rural residents. The scope of the Department's work shall
encompass both Older American Act services, Community Care
services, and all other services targeted in whole or in part
at residents 60 years of age and older, regardless of the
setting in which the service is provided.
(c) (Blank). The Older Rural Adults Task Force is
established to gather information and make recommendations in
collaboration with the Department on Aging and the Older Adult
Services Committee. The Task Force shall be comprised of 12
voting members and 7 non-voting members. The President and
Minority Leader of the Illinois Senate and the Speaker and
Minority Leader of the Illinois House of Representatives shall
each appoint 2 members of the General Assembly and one citizen
member to the Task Force. Citizen members may seek
reimbursement for actual travel expenses. Representatives of
the Department on Aging and the Departments of Healthcare and
Family Services, Human Services, Public Health, and Commerce
and Economic Opportunity, the Rural Affairs Council, and the
Illinois Housing Development Authority shall serve as
non-voting members. The Department on Aging shall provide staff
support to the Task Force.
Co-chairs shall be selected by the Task Force at its first
meeting. Both shall be appointed voting members of the Task
Force. One co-chair shall be a member of the General Assembly
and one shall be a citizen member. A simple majority of those
appointed shall constitute a quorum. The Task Force may hold
regional hearings and fact finding meetings and shall submit a
report to the General Assembly no later than January 1, 2009.
The Task Force is dissolved upon submission of the report.
(Source: P.A. 95-89, eff. 8-13-07.)
(20 ILCS 605/605-312 rep.)
(20 ILCS 605/605-817 rep.)
Section 10-20. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by repealing Sections 605-312 and 605-817.
(20 ILCS 685/Act rep.)
Section 10-40. The Particle Accelerator Land Acquisition
Act is repealed.
Section 10-45. The Illinois Geographic Information Council
Act is amended by changing Section 5-5 as follows:
(20 ILCS 1128/5-5)
Sec. 5-5. Council. The Illinois Geographic Information
Council, hereinafter called the "Council", is created within
the Department of Natural Resources.
The Council shall consist of 15 17 voting members, as
follows: the Illinois Secretary of State, the Illinois
Secretary of Transportation, the Directors of the Illinois
Departments of Agriculture, Central Management Services,
Commerce and Economic Opportunity, Nuclear Safety, Public
Health, Natural Resources, and Revenue, the Directors of the
Illinois Emergency Management Agency and the Illinois
Environmental Protection Agency, the President of the
University of Illinois, the Chairman of the Illinois Commerce
Commission, plus 4 members of the General Assembly, one each
appointed by the Speaker and Minority Leader of the House and
the President and Minority Leader of the Senate. An ex officio
voting member may designate another person to carry out his or
her duties on the Council.
In addition to the above members, the Governor may appoint
up to 10 additional voting members, representing local,
regional, and federal agencies, professional organizations,
academic institutions, public utilities, and the private
sector.
Members appointed by the Governor shall serve at the
pleasure of the Governor.
(Source: P.A. 94-793, eff. 5-19-06; 94-961, eff. 6-27-06.)
Section 10-55. The Illinois Criminal Justice Information
Act is amended by changing Section 7 as follows:
(20 ILCS 3930/7) (from Ch. 38, par. 210-7)
Sec. 7. Powers and Duties. The Authority shall have the
following powers, duties and responsibilities:
(a) To develop and operate comprehensive information
systems for the improvement and coordination of all aspects
of law enforcement, prosecution and corrections;
(b) To define, develop, evaluate and correlate State
and local programs and projects associated with the
improvement of law enforcement and the administration of
criminal justice;
(c) To act as a central repository and clearing house
for federal, state and local research studies, plans,
projects, proposals and other information relating to all
aspects of criminal justice system improvement and to
encourage educational programs for citizen support of
State and local efforts to make such improvements;
(d) To undertake research studies to aid in
accomplishing its purposes;
(e) To monitor the operation of existing criminal
justice information systems in order to protect the
constitutional rights and privacy of individuals about
whom criminal history record information has been
collected;
(f) To provide an effective administrative forum for
the protection of the rights of individuals concerning
criminal history record information;
(g) To issue regulations, guidelines and procedures
which ensure the privacy and security of criminal history
record information consistent with State and federal laws;
(h) To act as the sole administrative appeal body in
the State of Illinois to conduct hearings and make final
determinations concerning individual challenges to the
completeness and accuracy of criminal history record
information;
(i) To act as the sole, official, criminal justice body
in the State of Illinois to conduct annual and periodic
audits of the procedures, policies, and practices of the
State central repositories for criminal history record
information to verify compliance with federal and state
laws and regulations governing such information;
(j) To advise the Authority's Statistical Analysis
Center;
(k) To apply for, receive, establish priorities for,
allocate, disburse and spend grants of funds that are made
available by and received on or after January 1, 1983 from
private sources or from the United States pursuant to the
federal Crime Control Act of 1973, as amended, and similar
federal legislation, and to enter into agreements with the
United States government to further the purposes of this
Act, or as may be required as a condition of obtaining
federal funds;
(l) To receive, expend and account for such funds of
the State of Illinois as may be made available to further
the purposes of this Act;
(m) To enter into contracts and to cooperate with units
of general local government or combinations of such units,
State agencies, and criminal justice system agencies of
other states for the purpose of carrying out the duties of
the Authority imposed by this Act or by the federal Crime
Control Act of 1973, as amended;
(n) To enter into contracts and cooperate with units of
general local government outside of Illinois, other
states' agencies, and private organizations outside of
Illinois to provide computer software or design that has
been developed for the Illinois criminal justice system, or
to participate in the cooperative development or design of
new software or systems to be used by the Illinois criminal
justice system. Revenues received as a result of such
arrangements shall be deposited in the Criminal Justice
Information Systems Trust Fund.
(o) To establish general policies concerning criminal
justice information systems and to promulgate such rules,
regulations and procedures as are necessary to the
operation of the Authority and to the uniform consideration
of appeals and audits;
(p) To advise and to make recommendations to the
Governor and the General Assembly on policies relating to
criminal justice information systems;
(q) To direct all other agencies under the jurisdiction
of the Governor to provide whatever assistance and
information the Authority may lawfully require to carry out
its functions;
(r) To exercise any other powers that are reasonable
and necessary to fulfill the responsibilities of the
Authority under this Act and to comply with the
requirements of applicable federal law or regulation;
(s) To exercise the rights, powers and duties which
have been vested in the Authority by the "Illinois Uniform
Conviction Information Act", enacted by the 85th General
Assembly, as hereafter amended;
(t) To exercise the rights, powers and duties which
have been vested in the Authority by the Illinois Motor
Vehicle Theft Prevention Act;
(u) To exercise the rights, powers, and duties vested
in the Authority by the Illinois Public Safety Agency
Network Act; and
(v) To provide technical assistance in the form of
training to local governmental entities within Illinois
requesting such assistance for the purposes of procuring
grants for gang intervention and gang prevention programs
or other criminal justice programs from the United States
Department of Justice.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of "An Act to revise the law in
relation to the General Assembly", approved February 25, 1874,
as amended, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 97-435, eff. 1-1-12.)
(20 ILCS 3965/Act rep.)
Section 10-60. The Illinois Economic Development Board Act
is repealed.
(20 ILCS 4065/Act rep.)
Section 10-65. The Illinois Children's Savings Accounts
Act is repealed.
(20 ILCS 5000/Act rep.)
Section 10-70. The Task Force on Inventorying Employment
Restrictions Act is repealed.
(30 ILCS 577/35-20 rep.)
Section 10-80. The State Construction Minority and Female
Building Trades Act is amended by repealing Section 35-20.
(30 ILCS 750/9-4.5 rep.)
(30 ILCS 750/11-4 rep.)
Section 10-85. The Build Illinois Act is amended by
repealing Sections 9-4.5 and 11-4.
Section 10-90. The Illinois Income Tax Act is amended by
changing Section 901 as follows:
(35 ILCS 5/901) (from Ch. 120, par. 9-901)
Sec. 901. Collection authority.
(a) In general.
The Department shall collect the taxes imposed by this Act.
The Department shall collect certified past due child support
amounts under Section 2505-650 of the Department of Revenue Law
(20 ILCS 2505/2505-650). Except as provided in subsections (c),
(e), (f), (g), and (h) of this Section, money collected
pursuant to subsections (a) and (b) of Section 201 of this Act
shall be paid into the General Revenue Fund in the State
treasury; money collected pursuant to subsections (c) and (d)
of Section 201 of this Act shall be paid into the Personal
Property Tax Replacement Fund, a special fund in the State
Treasury; and money collected under Section 2505-650 of the
Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the Child Support Enforcement Trust Fund, a special fund
outside the State Treasury, or to the State Disbursement Unit
established under Section 10-26 of the Illinois Public Aid
Code, as directed by the Department of Healthcare and Family
Services.
(b) Local Government Distributive Fund.
Beginning August 1, 1969, and continuing through June 30,
1994, the Treasurer shall transfer each month from the General
Revenue Fund to a special fund in the State treasury, to be
known as the "Local Government Distributive Fund", an amount
equal to 1/12 of the net revenue realized from the tax imposed
by subsections (a) and (b) of Section 201 of this Act during
the preceding month. Beginning July 1, 1994, and continuing
through June 30, 1995, the Treasurer shall transfer each month
from the General Revenue Fund to the Local Government
Distributive Fund an amount equal to 1/11 of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act during the preceding month. Beginning
July 1, 1995 and continuing through January 31, 2011, the
Treasurer shall transfer each month from the General Revenue
Fund to the Local Government Distributive Fund an amount equal
to the net of (i) 1/10 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act during the preceding month (ii) minus,
beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
and beginning July 1, 2004, zero. Beginning February 1, 2011,
and continuing through January 31, 2015, the Treasurer shall
transfer each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to the sum of (i)
6% (10% of the ratio of the 3% individual income tax rate prior
to 2011 to the 5% individual income tax rate after 2010) of the
net revenue realized from the tax imposed by subsections (a)
and (b) of Section 201 of this Act upon individuals, trusts,
and estates during the preceding month and (ii) 6.86% (10% of
the ratio of the 4.8% corporate income tax rate prior to 2011
to the 7% corporate income tax rate after 2010) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon corporations during the
preceding month. Beginning February 1, 2015 and continuing
through January 31, 2025, the Treasurer shall transfer each
month from the General Revenue Fund to the Local Government
Distributive Fund an amount equal to the sum of (i) 8% (10% of
the ratio of the 3% individual income tax rate prior to 2011 to
the 3.75% individual income tax rate after 2014) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon individuals, trusts, and
estates during the preceding month and (ii) 9.14% (10% of the
ratio of the 4.8% corporate income tax rate prior to 2011 to
the 5.25% corporate income tax rate after 2014) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon corporations during the
preceding month. Beginning February 1, 2025, the Treasurer
shall transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to the sum
of (i) 9.23% (10% of the ratio of the 3% individual income tax
rate prior to 2011 to the 3.25% individual income tax rate
after 2024) of the net revenue realized from the tax imposed by
subsections (a) and (b) of Section 201 of this Act upon
individuals, trusts, and estates during the preceding month and
(ii) 10% of the net revenue realized from the tax imposed by
subsections (a) and (b) of Section 201 of this Act upon
corporations during the preceding month. Net revenue realized
for a month shall be defined as the revenue from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
which is deposited in the General Revenue Fund, the Education
Assistance Fund, the Income Tax Surcharge Local Government
Distributive Fund, the Fund for the Advancement of Education,
and the Commitment to Human Services Fund during the month
minus the amount paid out of the General Revenue Fund in State
warrants during that same month as refunds to taxpayers for
overpayment of liability under the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
Beginning on August 26, 2014 (the effective date of Public
Act 98-1052), the Comptroller shall perform the transfers
required by this subsection (b) no later than 60 days after he
or she receives the certification from the Treasurer as
provided in Section 1 of the State Revenue Sharing Act.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2), and
(3), of Section 201 of this Act into a fund in the State
treasury known as the Income Tax Refund Fund. The
Department shall deposit 6% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. For fiscal years 1999 through 2001, the
Annual Percentage shall be 7.1%. For fiscal year 2003, the
Annual Percentage shall be 8%. For fiscal year 2004, the
Annual Percentage shall be 11.7%. Upon the effective date
of this amendatory Act of the 93rd General Assembly, the
Annual Percentage shall be 10% for fiscal year 2005. For
fiscal year 2006, the Annual Percentage shall be 9.75%. For
fiscal year 2007, the Annual Percentage shall be 9.75%. For
fiscal year 2008, the Annual Percentage shall be 7.75%. For
fiscal year 2009, the Annual Percentage shall be 9.75%. For
fiscal year 2010, the Annual Percentage shall be 9.75%. For
fiscal year 2011, the Annual Percentage shall be 8.75%. For
fiscal year 2012, the Annual Percentage shall be 8.75%. For
fiscal year 2013, the Annual Percentage shall be 9.75%. For
fiscal year 2014, the Annual Percentage shall be 9.5%. For
fiscal year 2015, the Annual Percentage shall be 10%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result of
overpayment of tax liability under subsections (a) and
(b)(1), (2), and (3) of Section 201 of this Act plus the
amount of such refunds remaining approved but unpaid at the
end of the preceding fiscal year, minus the amounts
transferred into the Income Tax Refund Fund from the
Tobacco Settlement Recovery Fund, and the denominator of
which shall be the amounts which will be collected pursuant
to subsections (a) and (b)(1), (2), and (3) of Section 201
of this Act during the preceding fiscal year; except that
in State fiscal year 2002, the Annual Percentage shall in
no event exceed 7.6%. The Director of Revenue shall certify
the Annual Percentage to the Comptroller on the last
business day of the fiscal year immediately preceding the
fiscal year for which it is to be effective.
(2) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act into a fund in
the State treasury known as the Income Tax Refund Fund. The
Department shall deposit 18% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. For fiscal years 1999, 2000, and 2001,
the Annual Percentage shall be 19%. For fiscal year 2003,
the Annual Percentage shall be 27%. For fiscal year 2004,
the Annual Percentage shall be 32%. Upon the effective date
of this amendatory Act of the 93rd General Assembly, the
Annual Percentage shall be 24% for fiscal year 2005. For
fiscal year 2006, the Annual Percentage shall be 20%. For
fiscal year 2007, the Annual Percentage shall be 17.5%. For
fiscal year 2008, the Annual Percentage shall be 15.5%. For
fiscal year 2009, the Annual Percentage shall be 17.5%. For
fiscal year 2010, the Annual Percentage shall be 17.5%. For
fiscal year 2011, the Annual Percentage shall be 17.5%. For
fiscal year 2012, the Annual Percentage shall be 17.5%. For
fiscal year 2013, the Annual Percentage shall be 14%. For
fiscal year 2014, the Annual Percentage shall be 13.4%. For
fiscal year 2015, the Annual Percentage shall be 14%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result of
overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved but
unpaid at the end of the preceding fiscal year, and the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act during the
preceding fiscal year; except that in State fiscal year
2002, the Annual Percentage shall in no event exceed 23%.
The Director of Revenue shall certify the Annual Percentage
to the Comptroller on the last business day of the fiscal
year immediately preceding the fiscal year for which it is
to be effective.
(3) The Comptroller shall order transferred and the
Treasurer shall transfer from the Tobacco Settlement
Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
in January, 2001, (ii) $35,000,000 in January, 2002, and
(iii) $35,000,000 in January, 2003.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income Tax
Refund Fund shall be expended exclusively for the purpose
of paying refunds resulting from overpayment of tax
liability under Section 201 of this Act, for paying rebates
under Section 208.1 in the event that the amounts in the
Homeowners' Tax Relief Fund are insufficient for that
purpose, and for making transfers pursuant to this
subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to the
extent that amounts collected pursuant to Section 201 of
this Act and transfers pursuant to this subsection (d) and
item (3) of subsection (c) have been deposited and retained
in the Fund.
(3) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds resulting
from overpayment of tax liability under subsections (c) and
(d) of Section 201 of this Act paid from the Income Tax
Refund Fund during the fiscal year.
(4) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Personal Property Tax Replacement Fund to the Income Tax
Refund Fund an amount, certified by the Director to the
Comptroller, equal to the excess of the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year over
the amount collected pursuant to subsections (c) and (d) of
Section 201 of this Act deposited into the Income Tax
Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal year
1999 and of each fiscal year thereafter, the Director shall
order transferred and the State Treasurer and State
Comptroller shall transfer from the Income Tax Refund Fund
to the General Revenue Fund any surplus remaining in the
Income Tax Refund Fund as of the end of such fiscal year;
excluding for fiscal years 2000, 2001, and 2002 amounts
attributable to transfers under item (3) of subsection (c)
less refunds resulting from the earned income tax credit.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund.
On July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this Act,
minus deposits into the Income Tax Refund Fund, the Department
shall deposit 7.3% into the Education Assistance Fund in the
State Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 1.475% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
(f) Deposits into the Fund for the Advancement of
Education. Beginning February 1, 2015, the Department shall
deposit the following portions of the revenue realized from the
tax imposed upon individuals, trusts, and estates by
subsections (a) and (b) of Section 201 of this Act during the
preceding month, minus deposits into the Income Tax Refund
Fund, into the Fund for the Advancement of Education:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and
(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (f) on or after the effective date of the reduction.
(g) Deposits into the Commitment to Human Services Fund.
Beginning February 1, 2015, the Department shall deposit the
following portions of the revenue realized from the tax imposed
upon individuals, trusts, and estates by subsections (a) and
(b) of Section 201 of this Act during the preceding month,
minus deposits into the Income Tax Refund Fund, into the
Commitment to Human Services Fund:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and
(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (g) on or after the effective date of the reduction.
(h) Deposits into the Tax Compliance and Administration
Fund. Beginning on the first day of the first calendar month to
occur on or after August 26, 2014 (the effective date of Public
Act 98-1098), each month the Department shall pay into the Tax
Compliance and Administration Fund, to be used, subject to
appropriation, to fund additional auditors and compliance
personnel at the Department, an amount equal to 1/12 of 5% of
the cash receipts collected during the preceding fiscal year by
the Audit Bureau of the Department from the tax imposed by
subsections (a), (b), (c), and (d) of Section 201 of this Act,
net of deposits into the Income Tax Refund Fund made from those
cash receipts.
(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
98-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff.
7-20-15.)
Section 10-95. The Property Tax Code is amended by changing
Section 20-15 as follows:
(35 ILCS 200/20-15)
Sec. 20-15. Information on bill or separate statement.
There shall be printed on each bill, or on a separate slip
which shall be mailed with the bill:
(a) a statement itemizing the rate at which taxes have
been extended for each of the taxing districts in the
county in whose district the property is located, and in
those counties utilizing electronic data processing
equipment the dollar amount of tax due from the person
assessed allocable to each of those taxing districts,
including a separate statement of the dollar amount of tax
due which is allocable to a tax levied under the Illinois
Local Library Act or to any other tax levied by a
municipality or township for public library purposes,
(b) a separate statement for each of the taxing
districts of the dollar amount of tax due which is
allocable to a tax levied under the Illinois Pension Code
or to any other tax levied by a municipality or township
for public pension or retirement purposes,
(c) the total tax rate,
(d) the total amount of tax due, and
(e) the amount by which the total tax and the tax
allocable to each taxing district differs from the
taxpayer's last prior tax bill.
The county treasurer shall ensure that only those taxing
districts in which a parcel of property is located shall be
listed on the bill for that property.
In all counties the statement shall also provide:
(1) the property index number or other suitable
description,
(2) the assessment of the property,
(3) the statutory amount of each homestead exemption
applied to the property,
(4) the assessed value of the property after
application of all homestead exemptions,
(5) the equalization factors imposed by the county and
by the Department, and
(6) the equalized assessment resulting from the
application of the equalization factors to the basic
assessment.
In all counties which do not classify property for purposes
of taxation, for property on which a single family residence is
situated the statement shall also include a statement to
reflect the fair cash value determined for the property. In all
counties which classify property for purposes of taxation in
accordance with Section 4 of Article IX of the Illinois
Constitution, for parcels of residential property in the lowest
assessment classification the statement shall also include a
statement to reflect the fair cash value determined for the
property.
In all counties, the statement must include information
that certain taxpayers may be eligible for tax exemptions,
abatements, and other assistance programs and that, for more
information, taxpayers should consult with the office of their
township or county assessor and with the Illinois Department of
Revenue.
In all counties, the statement shall include information
that certain taxpayers may be eligible for the Senior Citizens
and Persons with Disabilities Property Tax Relief Act and that
applications are available from the Illinois Department on
Aging.
In counties which use the estimated or accelerated billing
methods, these statements shall only be provided with the final
installment of taxes due. The provisions of this Section create
a mandatory statutory duty. They are not merely directory or
discretionary. The failure or neglect of the collector to mail
the bill, or the failure of the taxpayer to receive the bill,
shall not affect the validity of any tax, or the liability for
the payment of any tax.
(Source: P.A. 98-93, eff. 7-16-13; 99-143, eff. 7-27-15.)
Section 10-100. The Illinois Public Safety Agency Network
Act is amended by changing Section 5 as follows:
(50 ILCS 752/5)
Sec. 5. Definitions. As used in this Act, unless the
context requires otherwise:
"ALECS" means the Automated Law Enforcement Communications
System.
"ALERTS" means the Area-wide Law Enforcement Radio
Terminal System.
"Authority" means the Illinois Criminal Justice
Information Authority.
"Board" means the Board of Directors of Illinois Public
Safety Agency Network, Inc.
"IPSAN" or "Partnership" means Illinois Public Safety
Agency Network, Inc., the not-for-profit entity incorporated
as provided in this Act.
"PIMS" means the Police Information Management System.
"Trust Fund" means the Criminal Justice Information
Systems Trust Fund.
(Source: P.A. 94-896, eff. 7-1-06.)
(235 ILCS 5/Art. XII rep.)
Section 10-110. The Liquor Control Act of 1934 is amended
by repealing Article XII.
(310 ILCS 5/42 rep.)
(310 ILCS 5/43 rep.)
(310 ILCS 5/44 rep.)
Section 10-115. The State Housing Act is amended by
repealing Sections 42, 43, and 44.
(310 ILCS 55/Act rep.)
Section 10-130. The Home Ownership Made Easy Act is
repealed.
(310 ILCS 65/16 rep.)
Section 10-135. The Illinois Affordable Housing Act is
amended by repealing Section 16.
(315 ILCS 10/4 rep.)
Section 10-150. The Blighted Vacant Areas Development Act
of 1949 is amended by repealing Section 4.
(315 ILCS 35/Act rep.)
Section 10-165. The Urban Flooding Awareness Act is
repealed.
Section 10-170. The Older Adult Services Act is amended by
changing Section 35 as follows:
(320 ILCS 42/35)
Sec. 35. Older Adult Services Advisory Committee.
(a) The Older Adult Services Advisory Committee is created
to advise the directors of Aging, Healthcare and Family
Services, and Public Health on all matters related to this Act
and the delivery of services to older adults in general.
(b) The Advisory Committee shall be comprised of the
following:
(1) The Director of Aging or his or her designee, who
shall serve as chair and shall be an ex officio and
nonvoting member.
(2) The Director of Healthcare and Family Services and
the Director of Public Health or their designees, who shall
serve as vice-chairs and shall be ex officio and nonvoting
members.
(3) One representative each of the Governor's Office,
the Department of Healthcare and Family Services, the
Department of Public Health, the Department of Veterans'
Affairs, the Department of Human Services, the Department
of Insurance, the Department of Commerce and Economic
Opportunity, the Department on Aging, the Department on
Aging's State Long Term Care Ombudsman, the Illinois
Housing Finance Authority, and the Illinois Housing
Development Authority, each of whom shall be selected by
his or her respective director and shall be an ex officio
and nonvoting member.
(4) Thirty members appointed by the Director of Aging
in collaboration with the directors of Public Health and
Healthcare and Family Services, and selected from the
recommendations of statewide associations and
organizations, as follows:
(A) One member representing the Area Agencies on
Aging;
(B) Four members representing nursing homes or
licensed assisted living establishments;
(C) One member representing home health agencies;
(D) One member representing case management
services;
(E) One member representing statewide senior
center associations;
(F) One member representing Community Care Program
homemaker services;
(G) One member representing Community Care Program
adult day services;
(H) One member representing nutrition project
directors;
(I) One member representing hospice programs;
(J) One member representing individuals with
Alzheimer's disease and related dementias;
(K) Two members representing statewide trade or
labor unions;
(L) One advanced practice nurse with experience in
gerontological nursing;
(M) One physician specializing in gerontology;
(N) One member representing regional long-term
care ombudsmen;
(O) One member representing municipal, township,
or county officials;
(P) (Blank);
(Q) (Blank);
(R) One member representing the parish nurse
movement;
(S) One member representing pharmacists;
(T) Two members representing statewide
organizations engaging in advocacy or legal
representation on behalf of the senior population;
(U) Two family caregivers;
(V) Two citizen members over the age of 60;
(W) One citizen with knowledge in the area of
gerontology research or health care law;
(X) One representative of health care facilities
licensed under the Hospital Licensing Act; and
(Y) One representative of primary care service
providers.
The Director of Aging, in collaboration with the Directors
of Public Health and Healthcare and Family Services, may
appoint additional citizen members to the Older Adult Services
Advisory Committee. Each such additional member must be either
an individual age 60 or older or an uncompensated caregiver for
a family member or friend who is age 60 or older.
(c) Voting members of the Advisory Committee shall serve
for a term of 3 years or until a replacement is named. All
members shall be appointed no later than January 1, 2005. Of
the initial appointees, as determined by lot, 10 members shall
serve a term of one year; 10 shall serve for a term of 2 years;
and 12 shall serve for a term of 3 years. Any member appointed
to fill a vacancy occurring prior to the expiration of the term
for which his or her predecessor was appointed shall be
appointed for the remainder of that term. The Advisory
Committee shall meet at least quarterly and may meet more
frequently at the call of the Chair. A simple majority of those
appointed shall constitute a quorum. The affirmative vote of a
majority of those present and voting shall be necessary for
Advisory Committee action. Members of the Advisory Committee
shall receive no compensation for their services.
(d) The Advisory Committee shall have an Executive
Committee comprised of the Chair, the Vice Chairs, and up to 15
members of the Advisory Committee appointed by the Chair who
have demonstrated expertise in developing, implementing, or
coordinating the system restructuring initiatives defined in
Section 25. The Executive Committee shall have responsibility
to oversee and structure the operations of the Advisory
Committee and to create and appoint necessary subcommittees and
subcommittee members.
(e) The Advisory Committee shall study and make
recommendations related to the implementation of this Act,
including but not limited to system restructuring initiatives
as defined in Section 25 or otherwise related to this Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.)
(410 ILCS 48/25 rep.)
(410 ILCS 48/30 rep.)
Section 10-180. The Brominated Fire Retardant Prevention
Act is amended by repealing Sections 25 and 30.
Section 10-185. The Environmental Protection Act is
amended by changing Sections 21.6, 22.15, 22.23, 22.28, 22.29,
55, and 55.6 as follows:
(415 ILCS 5/21.6) (from Ch. 111 1/2, par. 1021.6)
Sec. 21.6. Materials disposal ban.
(a) Beginning July 1, 1996, no person may knowingly mix
liquid used oil with any municipal waste that is intended for
collection and disposal at a landfill.
(b) Beginning July 1, 1996, no owner or operator of a
sanitary landfill shall accept for final disposal liquid used
oil that is discernible in the course of prudent business
operation.
(c) For purposes of this Section, "liquid used oil" does
not include used oil filters, rags, absorbent material used to
collect spilled oil or other materials incidentally
contaminated with used oil, or empty containers which
previously contained virgin oil, re-refined oil, or used oil.
(d) (Blank). The Agency and the Department of Commerce and
Economic Opportunity shall investigate the manner in which
liquid used oil is currently being utilized and potential
prospects for future use.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund",
to be constituted from the fees collected by the State pursuant
to this Section and from repayments of loans made from the Fund
for solid waste projects. Moneys received by the Department of
Commerce and Economic Opportunity in repayment of loans made
pursuant to the Illinois Solid Waste Management Act shall be
deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to
dispose of solid waste if the sanitary landfill is located off
the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection.
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a
calendar year, the owner or operator shall either pay a fee
of 95 cents per cubic yard or, alternatively, the owner or
operator may weigh the quantity of the solid waste
permanently disposed of with a device for which
certification has been obtained under the Weights and
Measures Act and pay a fee of $2.00 per ton of solid waste
permanently disposed of. In no case shall the fee collected
or paid by the owner or operator under this paragraph
exceed $1.55 per cubic yard or $3.27 per ton.
(2) If more than 100,000 cubic yards but not more than
150,000 cubic yards of non-hazardous waste is permanently
disposed of at a site in a calendar year, the owner or
operator shall pay a fee of $52,630.
(3) If more than 50,000 cubic yards but not more than
100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $23,790.
(4) If more than 10,000 cubic yards but not more than
50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,260.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay a
fee of $1050.
(c) (Blank).
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany the
payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Economic Opportunity for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee collection
and administration.
(f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
(g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys transferred
under this subsection (g) shall be used only for the purposes
set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
(i) The Agency is authorized to support the operations of
an industrial materials exchange service, and to conduct
household waste collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge with
regard to the permanent disposal of solid waste. All fees,
taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including
long-term monitoring and maintenance of landfills, planning,
implementation, inspection, enforcement and other activities
consistent with the Solid Waste Management Act and the Local
Solid Waste Disposal Act, or for any other environment-related
purpose, including but not limited to an environment-related
public works project, but not for the construction of a new
pollution control facility other than a household hazardous
waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection
(j) upon the solid waste disposal facility shall not exceed:
(1) 60˘ per cubic yard if more than 150,000 cubic yards
of non-hazardous solid waste is permanently disposed of at
the site in a calendar year, unless the owner or operator
weighs the quantity of the solid waste received with a
device for which certification has been obtained under the
Weights and Measures Act, in which case the fee shall not
exceed $1.27 per ton of solid waste permanently disposed
of.
(2) $33,350 if more than 100,000 cubic yards, but not
more than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at the site in a calendar year.
(3) $15,500 if more than 50,000 cubic yards, but not
more than 100,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(4) $4,650 if more than 10,000 cubic yards, but not
more than 50,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(5) $$650 if not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at the
site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local ordinance.
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in the
removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local
ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a written
delegation agreement within 60 days after the establishment of
such fees. At least annually, the Agency shall conduct an audit
of the expenditures made by units of local government from the
funds granted by the Agency to the units of local government
for purposes of local sanitary landfill inspection and
enforcement programs, to ensure that the funds have been
expended for the prescribed purposes under the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the Agency,
in April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The report
will at a minimum include the following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended for
the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a, and
under subsection (k) of this Section, shall be applicable to
any fee, tax or surcharge imposed under this subsection (j);
except that the fee, tax or surcharge authorized to be imposed
under this subsection (j) may be made applicable by a unit of
local government to the permanent disposal of solid waste after
December 31, 1986, under any contract lawfully executed before
June 1, 1986 under which more than 150,000 cubic yards (or
50,000 tons) of solid waste is to be permanently disposed of,
even though the waste is exempt from the fee imposed by the
State under subsection (b) of this Section pursuant to an
exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
(1) Waste which is hazardous waste; or
(2) Waste which is pollution control waste; or
(3) Waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; or
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) Any landfill which is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(Source: P.A. 97-333, eff. 8-12-11.)
(415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)
Sec. 22.23. Batteries.
(a) Beginning September 1, 1990, any person selling
lead-acid batteries at retail or offering lead-acid batteries
for retail sale in this State shall:
(1) accept for recycling used lead-acid batteries from
customers, at the point of transfer, in a quantity equal to
the number of new batteries purchased; and
(2) post in a conspicuous place a written notice at
least 8.5 by 11 inches in size that includes the universal
recycling symbol and the following statements: "DO NOT put
motor vehicle batteries in the trash."; "Recycle your used
batteries."; and "State law requires us to accept motor
vehicle batteries for recycling, in exchange for new
batteries purchased.".
(b) Any person selling lead-acid batteries at retail in
this State may either charge a recycling fee on each new
lead-acid battery sold for which the customer does not return a
used battery to the retailer, or provide a recycling credit to
each customer who returns a used battery for recycling at the
time of purchasing a new one.
(c) Beginning September 1, 1990, no lead-acid battery
retailer may dispose of a used lead-acid battery except by
delivering it (1) to a battery wholesaler or its agent, (2) to
a battery manufacturer, (3) to a collection or recycling
facility, or (4) to a secondary lead smelter permitted by
either a state or federal environmental agency.
(d) Any person selling lead-acid batteries at wholesale or
offering lead-acid batteries for sale at wholesale shall accept
for recycling used lead-acid batteries from customers, at the
point of transfer, in a quantity equal to the number of new
batteries purchased. Such used batteries shall be disposed of
as provided in subsection (c).
(e) A person who accepts used lead-acid batteries for
recycling pursuant to subsection (a) or (d) shall not allow
such batteries to accumulate for periods of more than 90 days.
(f) Beginning September 1, 1990, no person may knowingly
cause or allow:
(1) the placing of a lead-acid battery into any
container intended for collection and disposal at a
municipal waste sanitary landfill; or
(2) the disposal of any lead-acid battery in any
municipal waste sanitary landfill or incinerator.
(g) (Blank). The Department of Commerce and Economic
Opportunity shall identify and assist in developing
alternative processing and recycling options for used
batteries.
(h) For the purpose of this Section:
"Lead-acid battery" means a battery containing lead and
sulfuric acid that has a nominal voltage of at least 6 volts
and is intended for use in motor vehicles.
"Motor vehicle" includes automobiles, vans, trucks,
tractors, motorcycles and motorboats.
(i) (Blank.)
(j) Knowing violation of this Section shall be a petty
offense punishable by a fine of $100.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
Sec. 22.28. White goods.
(a) No Beginning July 1, 1994, no person shall knowingly
offer for collection or collect white goods for the purpose of
disposal by landfilling unless the white good components have
been removed.
(b) No Beginning July 1, 1994, no owner or operator of a
landfill shall accept any white goods for final disposal,
except that white goods may be accepted if:
(1) (blank); the landfill participates in the
Industrial Materials Exchange Service by communicating the
availability of white goods;
(2) prior to final disposal, any white good components
have been removed from the white goods; and
(3) if white good components are removed from the white
goods at the landfill, a site operating plan satisfying
this Act has been approved under the landfill's site
operating permit and the conditions of the such operating
plan are met.
(c) For the purposes of this Section:
(1) "White goods" shall include all discarded
refrigerators, ranges, water heaters, freezers, air
conditioners, humidifiers and other similar domestic and
commercial large appliances.
(2) "White good components" shall include:
(i) any chlorofluorocarbon refrigerant gas;
(ii) any electrical switch containing mercury;
(iii) any device that contains or may contain PCBs
in a closed system, such as a dielectric fluid for a
capacitor, ballast or other component; and
(iv) any fluorescent lamp that contains mercury.
(d) The Agency is authorized to provide financial
assistance to units of local government from the Solid Waste
Management Fund to plan for and implement programs to collect,
transport and manage white goods. Units of local government may
apply jointly for financial assistance under this Section.
Applications for such financial assistance shall be
submitted to the Agency and must provide a description of:
(A) the area to be served by the program;
(B) the white goods intended to be included in the
program;
(C) the methods intended to be used for collecting
and receiving materials;
(D) the property, buildings, equipment and
personnel included in the program;
(E) the public education systems to be used as part
of the program;
(F) the safety and security systems that will be
used;
(G) the intended processing methods for each white
goods type;
(H) the intended destination for final material
handling location; and
(I) any staging sites used to handle collected
materials, the activities to be performed at such sites
and the procedures for assuring removal of collected
materials from such sites.
The application may be amended to reflect changes in
operating procedures, destinations for collected materials, or
other factors.
Financial assistance shall be awarded for a State fiscal
year, and may be renewed, upon application, if the Agency
approves the operation of the program.
(e) All materials collected or received under a program
operated with financial assistance under this Section shall be
recycled whenever possible. Treatment or disposal of collected
materials are not eligible for financial assistance unless the
applicant shows and the Agency approves which materials may be
treated or disposed of under various conditions.
Any revenue from the sale of materials collected under such
a program shall be retained by the unit of local government and
may be used only for the same purposes as the financial
assistance under this Section.
(f) The Agency is authorized to adopt rules necessary or
appropriate to the administration of this Section.
(g) (Blank).
(Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
(415 ILCS 5/22.29) (from Ch. 111 1/2, par. 1022.29)
Sec. 22.29. (a) Except as provided in subsection (c), any
waste material generated by processing recyclable metals by
shredding shall be managed as a special waste unless (1) a site
operating plan has been approved by the Agency and the
conditions of such operating plan are met; and (2) the facility
participates in the Industrial Materials Exchange Service by
communicating availability to process recyclable metals.
(b) An operating plan submitted to the Agency under this
Section shall include the following concerning recyclable
metals processing and components which may contaminate waste
from shredding recyclable metals (such as lead acid batteries,
fuel tanks, or components that contain or may contain PCB's in
a closed system such as a capacitor or ballast):
(1) procedures for inspecting recyclable metals when
received to assure that such components are identified;
(2) a list of equipment and removal procedures to be
used to assure proper removal of such components;
(3) procedures for safe storage of such components
after removal and any waste materials;
(4) procedures to assure that such components and waste
materials will only be stored for a period long enough to
accumulate the proper quantities for off-site
transportation;
(5) identification of how such components and waste
materials will be managed after removal from the site to
assure proper handling and disposal;
(6) procedures for sampling and analyzing waste
intended for disposal or off-site handling as a waste;
(7) a demonstration, including analytical reports,
that any waste generated is not a hazardous waste and will
not pose a present or potential threat to human health or
the environment.
(c) Any waste generated as a result of processing
recyclable metals by shredding which is determined to be
hazardous waste shall be managed as a hazardous waste.
(d) The Agency is authorized to adopt rules necessary or
appropriate to the administration of this Section.
(Source: P.A. 87-806; 87-895.)
(415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
Sec. 55. Prohibited activities.
(a) No person shall:
(1) Cause or allow the open dumping of any used or
waste tire.
(2) Cause or allow the open burning of any used or
waste tire.
(3) Except at a tire storage site which contains more
than 50 used tires, cause or allow the storage of any used
tire unless the tire is altered, reprocessed, converted,
covered, or otherwise prevented from accumulating water.
(4) Cause or allow the operation of a tire storage site
except in compliance with Board regulations.
(5) Abandon, dump or dispose of any used or waste tire
on private or public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(6) Fail to submit required reports, tire removal
agreements, or Board regulations.
(b) (Blank.)
(b-1) No Beginning January 1, 1995, no person shall
knowingly mix any used or waste tire, either whole or cut, with
municipal waste, and no owner or operator of a sanitary
landfill shall accept any used or waste tire for final
disposal; except that used or waste tires, when separated from
other waste, may be accepted if: (1) the sanitary landfill
provides and maintains a means for shredding, slitting, or
chopping whole tires and so treats whole tires and, if approved
by the Agency in a permit issued under this Act, uses the used
or waste tires for alternative uses, which may include on-site
practices such as lining of roadways with tire scraps,
alternative daily cover, or use in a leachate collection system
or (2) the sanitary landfill, by its notification to the
Illinois Industrial Materials Exchange Service, makes
available the used or waste tire to an appropriate facility for
reuse, reprocessing, or converting, including use as an
alternate energy fuel. If, within 30 days after notification to
the Illinois Industrial Materials Exchange Service of the
availability of waste tires, no specific request for the used
or waste tires is received by the sanitary landfill, and the
sanitary landfill determines it has no alternative use for
those used or waste tires, the sanitary landfill may dispose of
slit, chopped, or shredded used or waste tires in the sanitary
landfill. In the event the physical condition of a used or
waste tire makes shredding, slitting, chopping, reuse,
reprocessing, or other alternative use of the used or waste
tire impractical or infeasible, then the sanitary landfill,
after authorization by the Agency, may accept the used or waste
tire for disposal.
Sanitary landfills and facilities for reuse, reprocessing,
or converting, including use as alternative fuel, shall (i)
notify the Illinois Industrial Materials Exchange Service of
the availability of and demand for used or waste tires and (ii)
consult with the Department of Commerce and Economic
Opportunity regarding the status of marketing of waste tires to
facilities for reuse.
(c) Any person who sells new or used tires at retail or
operates a tire storage site or a tire disposal site which
contains more than 50 used or waste tires shall give notice of
such activity to the Agency. Any person engaging in such
activity for the first time after January 1, 1990, shall give
notice to the Agency within 30 days after the date of
commencement of the activity. The form of such notice shall be
specified by the Agency and shall be limited to information
regarding the following:
(1) the name and address of the owner and operator;
(2) the name, address and location of the operation;
(3) the type of operations involving used and waste
tires (storage, disposal, conversion or processing); and
(4) the number of used and waste tires present at the
location.
(d) Beginning January 1, 1992, no person shall cause or
allow the operation of:
(1) a tire storage site which contains more than 50
used tires, unless the owner or operator, by January 1,
1992 (or the January 1 following commencement of operation,
whichever is later) and January 1 of each year thereafter,
(i) registers the site with the Agency, except that the
registration requirement in this item (i) does not apply in
the case of a tire storage site required to be permitted
under subsection (d-5), (ii) certifies to the Agency that
the site complies with any applicable standards adopted by
the Board pursuant to Section 55.2, (iii) reports to the
Agency the number of tires accumulated, the status of
vector controls, and the actions taken to handle and
process the tires, and (iv) pays the fee required under
subsection (b) of Section 55.6; or
(2) a tire disposal site, unless the owner or operator
(i) has received approval from the Agency after filing a
tire removal agreement pursuant to Section 55.4, or (ii)
has entered into a written agreement to participate in a
consensual removal action under Section 55.3.
The Agency shall provide written forms for the annual
registration and certification required under this subsection
(d).
(d-4) On or before January 1, 2015, the owner or operator
of each tire storage site that contains used tires totaling
more than 10,000 passenger tire equivalents, or at which more
than 500 tons of used tires are processed in a calendar year,
shall submit documentation demonstrating its compliance with
Board rules adopted under this Title. This documentation must
be submitted on forms and in a format prescribed by the Agency.
(d-5) Beginning July 1, 2016, no person shall cause or
allow the operation of a tire storage site that contains used
tires totaling more than 10,000 passenger tire equivalents, or
at which more than 500 tons of used tires are processed in a
calendar year, without a permit granted by the Agency or in
violation of any conditions imposed by that permit, including
periodic reports and full access to adequate records and the
inspection of facilities, as may be necessary to ensure
compliance with this Act and with regulations and standards
adopted under this Act.
(d-6) No person shall cause or allow the operation of a
tire storage site in violation of the financial assurance rules
established by the Board under subsection (b) of Section 55.2
of this Act. In addition to the remedies otherwise provided
under this Act, the State's Attorney of the county in which the
violation occurred, or the Attorney General, may, at the
request of the Agency or on his or her own motion, institute a
civil action for an immediate injunction, prohibitory or
mandatory, to restrain any violation of this subsection (d-6)
or to require any other action as may be necessary to abate or
mitigate any immediate danger or threat to public health or the
environment at the site. Injunctions to restrain a violation of
this subsection (d-6) may include, but are not limited to, the
required removal of all tires for which financial assurance is
not maintained and a prohibition against the acceptance of
tires in excess of the amount for which financial assurance is
maintained.
(e) No person shall cause or allow the storage, disposal,
treatment or processing of any used or waste tire in violation
of any regulation or standard adopted by the Board.
(f) No person shall arrange for the transportation of used
or waste tires away from the site of generation with a person
known to openly dump such tires.
(g) No person shall engage in any operation as a used or
waste tire transporter except in compliance with Board
regulations.
(h) No person shall cause or allow the combustion of any
used or waste tire in an enclosed device unless a permit has
been issued by the Agency authorizing such combustion pursuant
to regulations adopted by the Board for the control of air
pollution and consistent with the provisions of Section 9.4 of
this Act.
(i) No person shall cause or allow the use of pesticides to
treat tires except as prescribed by Board regulations.
(j) No person shall fail to comply with the terms of a tire
removal agreement approved by the Agency pursuant to Section
55.4.
(k) No person shall:
(1) Cause or allow water to accumulate in used or waste
tires. The prohibition set forth in this paragraph (1) of
subsection (k) shall not apply to used or waste tires
located at a residential household, as long as not more
than 12 used or waste tires are located at the site.
(2) Fail to collect a fee required under Section 55.8
of this Title.
(3) Fail to file a return required under Section 55.10
of this Title.
(4) Transport used or waste tires in violation of the
registration and vehicle placarding requirements adopted
by the Board.
(Source: P.A. 98-656, eff. 6-19-14.)
(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
Sec. 55.6. Used Tire Management Fund.
(a) There is hereby created in the State Treasury a special
fund to be known as the Used Tire Management Fund. There shall
be deposited into the Fund all monies received as (1) recovered
costs or proceeds from the sale of used tires under Section
55.3 of this Act, (2) repayment of loans from the Used Tire
Management Fund, or (3) penalties or punitive damages for
violations of this Title, except as provided by subdivision
(b)(4) or (b)(4-5) of Section 42.
(b) Beginning January 1, 1992, in addition to any other
fees required by law, the owner or operator of each site
required to be registered or permitted under subsection (d) or
(d-5) of Section 55 shall pay to the Agency an annual fee of
$100. Fees collected under this subsection shall be deposited
into the Environmental Protection Permit and Inspection Fund.
(c) Pursuant to appropriation, monies up to an amount of $2
million per fiscal year from the Used Tire Management Fund
shall be allocated as follows:
(1) 38% shall be available to the Agency for the
following purposes, provided that priority shall be given
to item (i):
(i) To undertake preventive, corrective or removal
action as authorized by and in accordance with Section
55.3, and to recover costs in accordance with Section
55.3.
(ii) For the performance of inspection and
enforcement activities for used and waste tire sites.
(iii) (Blank). To assist with marketing of used
tires by augmenting the operations of an industrial
materials exchange service.
(iv) To provide financial assistance to units of
local government for the performance of inspecting,
investigating and enforcement activities pursuant to
subsection (r) of Section 4 at used and waste tire
sites.
(v) To provide financial assistance for used and
waste tire collection projects sponsored by local
government or not-for-profit corporations.
(vi) For the costs of fee collection and
administration relating to used and waste tires, and to
accomplish such other purposes as are authorized by
this Act and regulations thereunder.
(vii) To provide financial assistance to units of
local government and private industry for the purposes
of:
(A) assisting in the establishment of
facilities and programs to collect, process, and
utilize used and waste tires and tire-derived
materials;
(B) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing, and utilizing used and waste
tires and tire-derived materials; and
(C) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire-derived
materials.
(2) For fiscal years beginning prior to July 1, 2004,
23% shall be available to the Department of Commerce and
Economic Opportunity for the following purposes, provided
that priority shall be given to item (A):
(A) To provide grants or loans for the purposes of:
(i) assisting units of local government and
private industry in the establishment of
facilities and programs to collect, process and
utilize used and waste tires and tire derived
materials;
(ii) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing and utilizing used and waste
tires and tire derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire derived
materials.
(B) To develop educational material for use by
officials and the public to better understand and
respond to the problems posed by used tires and
associated insects.
(C) (Blank).
(D) To perform such research as the Director deems
appropriate to help meet the purposes of this Act.
(E) To pay the costs of administration of its
activities authorized under this Act.
(2.1) For the fiscal year beginning July 1, 2004 and
for all fiscal years thereafter, 23% shall be deposited
into the General Revenue Fund.
(3) 25% shall be available to the Illinois Department
of Public Health for the following purposes:
(A) To investigate threats or potential threats to
the public health related to mosquitoes and other
vectors of disease associated with the improper
storage, handling and disposal of tires, improper
waste disposal, or natural conditions.
(B) To conduct surveillance and monitoring
activities for mosquitoes and other arthropod vectors
of disease, and surveillance of animals which provide a
reservoir for disease-producing organisms.
(C) To conduct training activities to promote
vector control programs and integrated pest management
as defined in the Vector Control Act.
(D) To respond to inquiries, investigate
complaints, conduct evaluations and provide technical
consultation to help reduce or eliminate public health
hazards and nuisance conditions associated with
mosquitoes and other vectors.
(E) To provide financial assistance to units of
local government for training, investigation and
response to public nuisances associated with
mosquitoes and other vectors of disease.
(4) 2% shall be available to the Department of
Agriculture for its activities under the Illinois
Pesticide Act relating to used and waste tires.
(5) 2% shall be available to the Pollution Control
Board for administration of its activities relating to used
and waste tires.
(6) 10% shall be available to the Department of Natural
Resources for the Illinois Natural History Survey to
perform research to study the biology, distribution,
population ecology, and biosystematics of tire-breeding
arthropods, especially mosquitoes, and the diseases they
spread.
(d) By January 1, 1998, and biennially thereafter, each
State agency receiving an appropriation from the Used Tire
Management Fund shall report to the Governor and the General
Assembly on its activities relating to the Fund.
(e) Any monies appropriated from the Used Tire Management
Fund, but not obligated, shall revert to the Fund.
(f) In administering the provisions of subdivisions (1),
(2) and (3) of subsection (c) of this Section, the Agency, the
Department of Commerce and Economic Opportunity, and the
Illinois Department of Public Health shall ensure that
appropriate funding assistance is provided to any municipality
with a population over 1,000,000 or to any sanitary district
which serves a population over 1,000,000.
(g) Pursuant to appropriation, monies in excess of $2
million per fiscal year from the Used Tire Management Fund
shall be used as follows:
(1) 55% shall be available to the Agency for the
following purposes, provided that priority shall be given
to subparagraph (A):
(A) To undertake preventive, corrective or renewed
action as authorized by and in accordance with Section
55.3 and to recover costs in accordance with Section
55.3.
(B) To provide financial assistance to units of
local government and private industry for the purposes
of:
(i) assisting in the establishment of
facilities and programs to collect, process, and
utilize used and waste tires and tire-derived
materials;
(ii) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing, and utilizing used and waste
tires and tire-derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire-derived
materials.
(2) For fiscal years beginning prior to July 1, 2004,
45% shall be available to the Department of Commerce and
Economic Opportunity to provide grants or loans for the
purposes of:
(i) assisting units of local government and
private industry in the establishment of facilities
and programs to collect, process and utilize waste
tires and tire derived material;
(ii) demonstrating the feasibility of innovative
technologies as a means of collecting, storing,
processing, and utilizing used and waste tires and tire
derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire derived
materials.
(3) For the fiscal year beginning July 1, 2004 and for
all fiscal years thereafter, 45% shall be deposited into
the General Revenue Fund.
(Source: P.A. 98-656, eff. 6-19-14.)
(415 ILCS 15/8 rep.)
(415 ILCS 15/8.5 rep.)
Section 10-195. The Solid Waste Planning and Recycling Act
is amended by repealing Sections 8 and 8.5.
Section 10-200. The Illinois Solid Waste Management Act is
amended by changing Section 6 as follows:
(415 ILCS 20/6) (from Ch. 111 1/2, par. 7056)
Sec. 6. The Department of Commerce and Economic Opportunity
shall be the lead agency for implementation of this Act and
shall have the following powers:
(a) To provide technical and educational assistance for
applications of technologies and practices which will minimize
the land disposal of non-hazardous solid waste; economic
feasibility of implementation of solid waste management
alternatives; analysis of markets for recyclable materials and
energy products; application of the Geographic Information
System to provide analysis of natural resource, land use, and
environmental impacts; evaluation of financing and ownership
options; and evaluation of plans prepared by units of local
government pursuant to Section 22.15 of the Environmental
Protection Act.
(b) (Blank). To provide technical assistance in siting
pollution control facilities, defined as any waste storage
site, sanitary landfill, waste disposal site, waste transfer
station or waste incinerator.
(c) To provide loans or recycling and composting grants to
businesses and not-for-profit and governmental organizations
for the purposes of increasing the quantity of materials
recycled or composted in Illinois; developing and implementing
innovative recycling methods and technologies; developing and
expanding markets for recyclable materials; and increasing the
self-sufficiency of the recycling industry in Illinois. The
Department shall work with and coordinate its activities with
existing for-profit and not-for-profit collection and
recycling systems to encourage orderly growth in the supply of
and markets for recycled materials and to assist existing
collection and recycling efforts.
The Department shall develop a public education program
concerning the importance of both composting and recycling in
order to preserve landfill space in Illinois.
(d) To establish guidelines and funding criteria for the
solicitation of projects under this Act, and to receive and
evaluate applications for loans or grants for solid waste
management projects based upon such guidelines and criteria.
Funds may be loaned with or without interest.
(e) To support and coordinate solid waste research in
Illinois, and to approve the annual solid waste research agenda
prepared by the University of Illinois.
(f) To provide loans or grants for research, development
and demonstration of innovative technologies and practices,
including but not limited to pilot programs for collection and
disposal of household wastes.
(g) To promulgate such rules and regulations as are
necessary to carry out the purposes of subsections (c), (d) and
(f) of this Section.
(h) To cooperate with the Environmental Protection Agency
for the purposes specified herein.
The Department is authorized to accept any and all grants,
repayments of interest and principal on loans, matching funds,
reimbursements, appropriations, income derived from
investments, or other things of value from the federal or state
governments or from any institution, person, partnership,
joint venture, corporation, public or private.
The Department is authorized to use moneys available for
that purpose, subject to appropriation, expressly for the
purpose of implementing a loan program according to procedures
established pursuant to this Act. Those moneys shall be used by
the Department for the purpose of financing additional projects
and for the Department's administrative expenses related
thereto.
(Source: P.A. 94-91, eff. 7-1-05.)
(415 ILCS 20/5 rep.)
(415 ILCS 20/7.1 rep.)
(415 ILCS 20/7.3 rep.)
(415 ILCS 20/8 rep.)
Section 10-205. The Illinois Solid Waste Management Act is
amended by repealing Sections 5, 7.1, 7.3, and 8.
(415 ILCS 56/Act rep.)
Section 10-210. The Green Infrastructure for Clean Water
Act is repealed.
Section 10-215. The Environmental Toxicology Act is
amended by changing Sections 3 and 5 as follows:
(415 ILCS 75/3) (from Ch. 111 1/2, par. 983)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires;
(a) "Department" means the Illinois Department of Public
Health;
(b) "Director" means the Director of the Illinois
Department of Public Health;
(c) "Program" means the Environmental Toxicology program
as established by this Act;
(d) "Exposure" means contact with a hazardous substance;
(e) "Hazardous Substance" means chemical compounds,
elements, or combinations of chemicals which, because of
quantity concentration, physical characteristics or
toxicological characteristics may pose a substantial present
or potential hazard to human health and includes, but is not
limited to, any substance defined as a hazardous substance in
Section 3.215 of the "Environmental Protection Act", approved
June 29, 1970, as amended;
(f) "Initial Assessment" means a review and evaluation of
site history and hazardous substances involved, potential for
population exposure, the nature of any health related
complaints and any known patterns in disease occurrence;
(g) "Comprehensive Health Study" means a detailed analysis
which may include: a review of available environmental,
morbidity and mortality data; environmental and biological
sampling; detailed review of scientific literature; exposure
analysis; population surveys; or any other scientific or
epidemiologic methods deemed necessary to adequately evaluate
the health status of the population at risk and any potential
relationship to environmental factors;
(h) "Superfund Site" means any hazardous waste site
designated for cleanup on the National Priorities List as
mandated by the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (P.L. 96-510), as
amended;
(i) (Blank). "State Remedial Action Priority List" means a
list compiled by the Illinois Environmental Protection Agency
which identifies sites that appear to present significant risk
to the public health, welfare or environment.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 75/5) (from Ch. 111 1/2, par. 985)
Sec. 5. (a) Upon request by the Illinois Environmental
Protection Agency, the Department shall conduct an initial
assessment for any location designated as a Superfund Site or
on the State Remedial Action Priority List. Such assessment
shall be initiated within 60 days of the request.
(b) (Blank). For sites designated as Superfund Sites or
sites on the State Remedial Action Priority List on the
effective date of this Act, the Department and the Illinois
Environmental Protection Agency shall jointly determine which
sites warrant initial assessment. If warranted, initial
assessment shall be initiated by January 1, 1986.
(c) If, as a result of the initial assessment, the
Department determines that a public health problem related to
exposure to hazardous substances may exist in a community
located near a designated site, the Department shall conduct a
comprehensive health study to assess the full relationship, if
any, between such threat or potential threat and possible
exposure to hazardous substances at the designated site.
(Source: P.A. 84-987.)
(415 ILCS 80/3 rep.)
(415 ILCS 80/4 rep.)
Section 10-220. The Degradable Plastic Act is amended by
repealing Sections 3 and 4.
(415 ILCS 120/25 rep.)
Section 10-230. The Alternate Fuels Act is amended by
repealing Section 25.
Section 10-235. The Interstate Ozone Transport Oversight
Act is amended by changing Section 20 as follows:
(415 ILCS 130/20)
Sec. 20. Legislative referral and public hearings.
(a) Not later than 10 days after the development of any
proposed memorandum of understanding by the Ozone Transport
Assessment Group potentially requiring the State of Illinois to
undertake emission reductions in addition to those specified by
the Clean Air Act Amendments of 1990, or subsequent to the
issuance of a request made by the United States Environmental
Protection Agency on or after June 1, 1997 for submission of a
State Implementation Plan for Illinois relating to ozone
attainment and before submission of the Plan, the Director
shall submit the proposed memorandum of understanding or State
Implementation Plan to the House Committee and the Senate
Committee for their consideration. At that time, the Director
shall also submit information detailing any alternate
strategies.
(b) (Blank). To assist the legislative review required by
this Act, the Department of Commerce and Economic Opportunity
shall conduct a joint study of the impacts on the State's
economy which may result from implementation of the emission
reduction strategies contained within any proposed memorandum
of understanding or State Implementation Plan relating to ozone
and from implementation of any alternate strategies. The study
shall include, but not be limited to, the impacts on economic
development, employment, utility costs and rates, personal
income, and industrial competitiveness which may result from
implementation of the emission reduction strategies contained
within any proposed memorandum of agreement or State
Implementation Plan relating to ozone and from implementation
of any alternate strategies. The study shall be submitted to
the House Committee and Senate Committee not less than 10 days
prior to any scheduled hearing conducted pursuant to subsection
(c) of this Section.
(c) Upon receipt of the information required by subsections
(a) and (b) of this Section, the House Committee and Senate
Committee shall each convene one or more public hearings to
receive comments from agencies of government and other
interested parties on the memorandum of understanding's or
State Implementation Plan's prospective economic and
environmental impacts, including its impacts on energy use,
economic development, utility costs and rates, and
competitiveness. Additionally, comments shall be received on
the prospective economic and environmental impacts, including
impacts on energy use, economic development, utility costs and
rates, and competitiveness, which may result from
implementation of any alternate strategies.
(Source: P.A. 97-916, eff. 8-9-12.)
(505 ILCS 84/Act rep.)
Section 10-240. The Illinois Food, Farms, and Jobs Act is
repealed.
ARTICLE 99. EXEMPTIONS; SEVERABILITY; EFFECTIVE DATE
Section 99-90. The State Mandates Act is amended by adding
Section 8.41 as follows:
(30 ILCS 805/8.41 new)
Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 100th General Assembly.
Section 99-97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99-99. Effective date. This Act takes effect upon
becoming law.
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