Public Act 100-0621

SB1936 Enrolled LRB100 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.