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1 | | (30 ILCS 105/5.102 rep.)
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2 | | (30 ILCS 105/5.172 rep.)
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3 | | (30 ILCS 105/5.325 rep.)
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4 | | (30 ILCS 105/5.423 rep.)
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5 | | (30 ILCS 105/5.512 rep.)
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6 | | (30 ILCS 105/5.541 rep.)
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7 | | (30 ILCS 105/5.556 rep.)
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8 | | (30 ILCS 105/5.591 rep.)
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9 | | (30 ILCS 105/5.595 rep.)
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10 | | (30 ILCS 105/5.625 rep.)
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11 | | (30 ILCS 105/5.626 rep.) |
12 | | (30 ILCS 105/5.627 rep.) |
13 | | (30 ILCS 105/5.628 rep.)
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14 | | (30 ILCS 105/5.661 rep.)
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15 | | (30 ILCS 105/5.779 rep.) |
16 | | (30 ILCS 105/5.813 rep.) |
17 | | (30 ILCS 105/5.818 rep.)
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18 | | (30 ILCS 105/6a-5 rep.)
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19 | | (30 ILCS 105/6z-55 rep.)
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20 | | (30 ILCS 105/6z-83 rep.) |
21 | | (30 ILCS 105/6z-93 rep.) |
22 | | Section 5-20. The State Finance Act is amended by repealing |
23 | | Sections 5.102, 5.172, 5.325, 5.423, 5.512, 5.541, 5.556, |
24 | | 5.591, 5.595, 5.625, 5.626, 5.627, 5.628, 5.661, 5.779, 5.813, |
25 | | 5.818, 6a-5, 6z-55, 6z-83, and 6z-93.
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1 | | (35 ILCS 5/208.1 rep.)
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2 | | (35 ILCS 5/507XX rep.) |
3 | | Section 5-25. The Illinois Income Tax Act is amended by |
4 | | repealing Sections 208.1 and 507XX. |
5 | | Section 5-30. The Economic Development for a Growing |
6 | | Economy Tax Credit Act is amended by changing Section 5-80 as |
7 | | follows:
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8 | | (35 ILCS 10/5-80)
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9 | | Sec. 5-80. Adoption of rules. The Department may adopt |
10 | | rules
necessary to implement this Act. The rules may
provide |
11 | | for recipients of Credits under this Act to be charged
fees to |
12 | | cover administrative costs of the tax credit program. Fees
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13 | | collected shall be deposited into the General Revenue Economic |
14 | | Development for a Growing
Economy Fund.
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15 | | (Source: P.A. 91-476, eff. 8-11-99.)
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16 | | (35 ILCS 10/5-85 rep.)
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17 | | Section 5-35. The Economic Development for a Growing |
18 | | Economy Tax Credit Act is amended by repealing Section 5-85. |
19 | | (110 ILCS 805/2-16.03 rep.) |
20 | | Section 5-40. The Public Community College Act is amended |
21 | | by repealing Section 2-16.03. |
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1 | | Section 5-45. The Higher Education Student Assistance Act |
2 | | is amended by changing Section 35 as follows:
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3 | | (110 ILCS 947/35)
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4 | | Sec. 35. Monetary award program.
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5 | | (a) The Commission shall, each year, receive and consider |
6 | | applications
for grant assistance under this Section. Subject |
7 | | to a separate
appropriation for such purposes, an applicant is |
8 | | eligible for a grant under
this Section when the Commission |
9 | | finds that the applicant:
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10 | | (1) is a resident of this State and a citizen or |
11 | | permanent resident
of the United States; and
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12 | | (2) in the absence of grant assistance, will be |
13 | | deterred by
financial considerations from completing an |
14 | | educational program at the
qualified institution of his or |
15 | | her choice.
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16 | | (b) The Commission shall award renewals only upon the |
17 | | student's application
and upon the Commission's finding that |
18 | | the applicant:
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19 | | (1) has remained a student in good standing;
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20 | | (2) remains a resident of this State; and
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21 | | (3) is in a financial situation that continues to |
22 | | warrant assistance.
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23 | | (c) All grants shall be applicable only to tuition and |
24 | | necessary fee costs. The Commission shall determine the grant
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1 | | amount for each student, which shall not exceed the smallest of
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2 | | the following amounts:
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3 | | (1) subject to appropriation, $5,468 for fiscal year |
4 | | 2009, $5,968 for fiscal year 2010, and $6,468 for fiscal |
5 | | year 2011 and each fiscal year thereafter, or such lesser |
6 | | amount as
the Commission finds to be available, during an |
7 | | academic year;
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8 | | (2) the amount which equals 2 semesters or 3 quarters |
9 | | tuition
and other necessary fees required generally by the |
10 | | institution of all
full-time undergraduate students; or
|
11 | | (3) such amount as the Commission finds to be |
12 | | appropriate in view of
the applicant's financial |
13 | | resources.
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14 | | Subject to appropriation, the maximum grant amount for |
15 | | students not subject to subdivision (1) of this subsection (c) |
16 | | must be increased by the same percentage as any increase made |
17 | | by law to the maximum grant amount under subdivision (1) of |
18 | | this subsection (c). |
19 | | "Tuition and other necessary fees" as used in this Section |
20 | | include the
customary charge for instruction and use of |
21 | | facilities in general, and the
additional fixed fees charged |
22 | | for specified purposes, which are required
generally of |
23 | | nongrant recipients for each academic period for which the |
24 | | grant
applicant actually enrolls, but do not include fees |
25 | | payable only once or
breakage fees and other contingent |
26 | | deposits which are refundable in whole or in
part. The |
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1 | | Commission may prescribe, by rule not inconsistent with this
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2 | | Section, detailed provisions concerning the computation of |
3 | | tuition and other
necessary fees.
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4 | | (d) No applicant, including those presently receiving |
5 | | scholarship
assistance under this Act, is eligible for monetary |
6 | | award program
consideration under this Act after receiving a |
7 | | baccalaureate degree or
the equivalent of 135 semester credit |
8 | | hours of award payments.
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9 | | (e) The Commission, in determining the number of grants to |
10 | | be offered,
shall take into consideration past experience with |
11 | | the rate of grant funds
unclaimed by recipients. The Commission |
12 | | shall notify applicants that grant
assistance is contingent |
13 | | upon the availability of appropriated funds.
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14 | | (e-5) The General Assembly finds and declares that it is an |
15 | | important purpose of the Monetary Award Program to facilitate |
16 | | access to college both for students who pursue postsecondary |
17 | | education immediately following high school and for those who |
18 | | pursue postsecondary education later in life, particularly |
19 | | Illinoisans who are dislocated workers with financial need and |
20 | | who are seeking to improve their economic position through |
21 | | education. For the 2015-2016 and 2016-2017 academic years, the |
22 | | Commission shall give additional and specific consideration to |
23 | | the needs of dislocated workers with the intent of allowing |
24 | | applicants who are dislocated workers an opportunity to secure |
25 | | financial assistance even if applying later than the general |
26 | | pool of applicants. The Commission's consideration shall |
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1 | | include, in determining the number of grants to be offered, an |
2 | | estimate of the resources needed to serve dislocated workers |
3 | | who apply after the Commission initially suspends award |
4 | | announcements for the upcoming regular academic year, but prior |
5 | | to the beginning of that academic year. For the purposes of |
6 | | this subsection (e-5), a dislocated worker is defined as in the |
7 | | federal Workforce Investment Act of 1998. |
8 | | (f) (Blank). The Commission may request appropriations for |
9 | | deposit into the
Monetary Award Program Reserve Fund. Monies |
10 | | deposited into the Monetary Award
Program Reserve Fund may be |
11 | | expended exclusively for one purpose: to make
Monetary Award |
12 | | Program grants to eligible students. Amounts on deposit in the
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13 | | Monetary Award Program Reserve Fund may not exceed 2% of the |
14 | | current annual
State appropriation for the Monetary Award |
15 | | Program.
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16 | | The purpose of the Monetary Award Program Reserve Fund is |
17 | | to enable the
Commission each year to assure as many students |
18 | | as possible of their
eligibility for a Monetary Award Program |
19 | | grant and to do so before commencement
of the academic year. |
20 | | Moneys deposited in this Reserve Fund are intended to
enhance |
21 | | the Commission's management of the Monetary Award Program, |
22 | | minimizing
the necessity, magnitude, and frequency of |
23 | | adjusting award amounts and ensuring
that the annual Monetary |
24 | | Award Program appropriation can be fully utilized.
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25 | | (g) The Commission shall determine the eligibility of and |
26 | | make grants to
applicants enrolled at qualified for-profit |
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1 | | institutions in accordance with the
criteria set forth in this |
2 | | Section. The eligibility of applicants enrolled at
such |
3 | | for-profit institutions shall be limited as follows:
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4 | | (1) Beginning with the academic year 1997, only to |
5 | | eligible first-time
freshmen and
first-time transfer |
6 | | students who have attained an associate degree.
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7 | | (2) Beginning with the academic year 1998, only to |
8 | | eligible freshmen
students,
transfer students who have |
9 | | attained an associate degree, and students who
receive a |
10 | | grant under paragraph (1) for the academic year 1997 and |
11 | | whose grants
are being renewed for the academic year 1998.
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12 | | (3) Beginning with the academic year 1999, to all |
13 | | eligible students.
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14 | | (Source: P.A. 98-967, eff. 8-15-14.)
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15 | | Section 5-50. The Alzheimer's Disease Assistance Act is |
16 | | amended by changing Section 7 as follows:
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17 | | (410 ILCS 405/7) (from Ch. 111 1/2, par. 6957)
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18 | | Sec. 7. Regional ADA center funding. Pursuant to
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19 | | appropriations enacted by the General Assembly, the Department |
20 | | shall
provide funds to hospitals affiliated with each
Regional |
21 | | ADA Center for
necessary research and
for the development and |
22 | | maintenance of services for individuals with Alzheimer's
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23 | | disease and related disorders and their families. For the |
24 | | fiscal year
beginning July 1, 2003, and each year thereafter, |
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1 | | the Department shall effect
payments under this Section to |
2 | | hospitals affiliated with each Regional ADA
Center through the |
3 | | Department of Healthcare and Family Services (formerly
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4 | | Illinois Department of Public Aid) under the Excellence in |
5 | | Alzheimer's Disease Center Treatment Act . The Department of |
6 | | Healthcare and Family Services shall annually report to the |
7 | | Advisory Committee established under this Act regarding the |
8 | | funding of centers under this Act. The Department shall
include |
9 | | the annual expenditures for this purpose in the plan required |
10 | | by
Section 5 of this Act.
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11 | | (Source: P.A. 97-768, eff. 1-1-13.)
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12 | | (410 ILCS 407/Act rep.) |
13 | | Section 5-55. The Excellence in Alzheimer's Disease Center |
14 | | Treatment Act is repealed. |
15 | | Section 5-60. The Food and Agriculture Research Act is |
16 | | amended by changing Section 25 as follows:
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17 | | (505 ILCS 82/25)
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18 | | Sec. 25. Administrative oversight. |
19 | | (a) The Department of Agriculture shall
provide general |
20 | | administrative oversight with the assistance and advice of
duly |
21 | | elected Board of Directors of the Illinois Council on Food and
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22 | | Agricultural Research. Food and agricultural research |
23 | | administrators at each
of the
universities shall administer the |
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1 | | specifics of the funded research programs. Annually the |
2 | | Illinois Council on Food and Agricultural Research
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3 | | administrators shall prepare a combined proposed budget for the |
4 | | research that the Director
of Agriculture shall submit to the |
5 | | Governor for inclusion in the Executive
budget and |
6 | | consideration by the General Assembly. The budget shall specify
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7 | | major categories of proposed expenditures, including salary, |
8 | | wages, and fringe
benefits; operation and maintenance; |
9 | | supplies and expenses; and capital
improvements.
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10 | | (b) (Blank). The Department, with the assistance of the |
11 | | Illinois Council on Food and Agricultural Research, may seek |
12 | | additional grants and donations for research. Additional funds |
13 | | shall be used in conjunction with appropriated funds for |
14 | | research. All additional grants and donations for research |
15 | | shall be deposited into the Food and Agricultural Research |
16 | | Fund, a special fund created in the State treasury, and used as |
17 | | provided in this Act. |
18 | | (Source: P.A. 97-879, eff. 8-2-12.)
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19 | | (710 ILCS 45/Act rep.)
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20 | | Section 5-65. The Sorry Works! Pilot Program Act is |
21 | | repealed.
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22 | | (815 ILCS 402/Act rep.)
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23 | | Section 5-70. The Restricted Call Registry Act is repealed. |
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1 | | ARTICLE 10. MANDATE RELIEF |
2 | | Section 10-5. The Election Code is amended by changing |
3 | | Sections 4-8, 4-25, 5-7, 5-35, 6-35, and 6-71 as follows:
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4 | | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
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5 | | Sec. 4-8. The county clerk shall provide a sufficient |
6 | | number of blank
forms for the registration of electors, which |
7 | | shall be known as
registration record cards and which shall |
8 | | consist of loose leaf sheets
or cards, of suitable size to |
9 | | contain in plain writing and figures the
data hereinafter |
10 | | required thereon or shall consist of computer cards of
suitable |
11 | | nature to contain the data required thereon. The registration |
12 | | record
cards, which shall include an affidavit of registration |
13 | | as hereinafter
provided, shall be executed in duplicate.
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14 | | The registration record card shall contain the following |
15 | | and such
other information as the county clerk may think it |
16 | | proper to require for
the identification of the applicant for |
17 | | registration:
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18 | | Name. The name of the applicant, giving surname and first |
19 | | or
Christian name in full, and the middle name or the initial |
20 | | for such
middle name, if any.
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21 | | Sex.
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22 | | Residence. The name and number of the street, avenue, or |
23 | | other location of
the dwelling, including the apartment, unit |
24 | | or room number, if any, and in the
case of a mobile home the lot |
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1 | | number, and such additional clear and definite
description as |
2 | | may be necessary to determine the exact location of the
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3 | | dwelling of the applicant. Where the location cannot be |
4 | | determined by
street and number, then the section, |
5 | | congressional township and range
number may be used, or such |
6 | | other description as may be necessary,
including post-office |
7 | | mailing address. In the case of a homeless individual,
the |
8 | | individual's voting residence that is his or her mailing |
9 | | address shall be
included on his or her registration record |
10 | | card.
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11 | | Term of residence in the State of Illinois and precinct. |
12 | | This
information shall be furnished by the applicant stating |
13 | | the place or
places where he resided and the dates during which |
14 | | he resided in such
place or places during the year next |
15 | | preceding the date of the next
ensuing election.
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16 | | Nativity. The state or country in which the applicant was |
17 | | born.
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18 | | Citizenship. Whether the applicant is native born or |
19 | | naturalized. If
naturalized, the court, place, and date of |
20 | | naturalization.
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21 | | Date of application for registration, i.e., the day, month |
22 | | and year
when applicant presented himself for registration.
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23 | | Age. Date of birth, by month, day and year.
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24 | | Physical disability of the applicant, if any, at the time |
25 | | of
registration, which would require assistance in voting.
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26 | | The county and state in which the applicant was last |
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1 | | registered.
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2 | | Electronic mail address, if any. |
3 | | Signature of voter. The applicant, after the registration |
4 | | and in the
presence of a deputy registrar or other officer of |
5 | | registration shall be
required to sign his or her name in ink |
6 | | or digitized form to the affidavit on both the
original and |
7 | | duplicate registration record cards.
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8 | | Signature of deputy registrar or officer of registration.
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9 | | In case applicant is unable to sign his name, he may affix |
10 | | his mark
to the affidavit. In such case the officer empowered |
11 | | to give the
registration oath shall write a detailed |
12 | | description of the applicant in
the space provided on the back |
13 | | or at the bottom of the card or sheet;
and shall ask the |
14 | | following questions and record the answers thereto:
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15 | | Father's first name.
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16 | | Mother's first name.
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17 | | From what address did the applicant last register?
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18 | | Reason for inability to sign name.
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19 | | Each applicant for registration shall make an affidavit in
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20 | | substantially the following form:
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21 | | AFFIDAVIT OF REGISTRATION
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22 | | STATE OF ILLINOIS
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23 | | COUNTY OF .......
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24 | | I hereby swear (or affirm) that I am a citizen of the |
25 | | United States;
that on the date of the next election I shall |
26 | | have resided in the State
of Illinois and in the election |
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1 | | precinct in which I reside 30 days and
that I intend that this |
2 | | location shall be my residence; that
I am fully qualified to |
3 | | vote, and that the above statements are true.
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4 | | ..............................
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5 | | (His or her signature or mark)
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6 | | Subscribed and sworn to before me on (insert date).
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7 | | ..................................
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8 | | Signature of registration officer.
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9 | | (To be signed in presence of registrant.)
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10 | | Space shall be provided upon the face of each registration |
11 | | record
card for the notation of the voting record of the person |
12 | | registered
thereon.
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13 | | Each registration record card shall be numbered according |
14 | | to
precincts, and may be serially or otherwise marked for |
15 | | identification in
such manner as the county clerk may |
16 | | determine.
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17 | | The registration cards shall be deemed public records and |
18 | | shall be
open to inspection during regular business hours, |
19 | | except during the 27
days immediately preceding any election. |
20 | | On written request of any
candidate or objector or any person |
21 | | intending to object to a petition, the
election authority shall |
22 | | extend its hours for inspection of registration
cards and other |
23 | | records of the election authority during the period
beginning |
24 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
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25 | | 28-3 and continuing through the termination of electoral board |
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1 | | hearings on
any objections to petitions containing signatures |
2 | | of registered voters in
the jurisdiction of the election |
3 | | authority. The extension shall be for a
period of hours |
4 | | sufficient to allow adequate opportunity for examination of
the |
5 | | records but the election authority is not required to extend |
6 | | its hours
beyond the period beginning at its normal opening for |
7 | | business and ending
at midnight. If the business hours are so |
8 | | extended, the election authority
shall post a public notice of |
9 | | such extended hours. Registration record
cards may also be |
10 | | inspected, upon approval of the officer in charge of the
cards, |
11 | | during the 27 days immediately preceding any election.
|
12 | | Registration
record cards shall also be open to inspection by |
13 | | certified judges and poll
watchers and challengers at the |
14 | | polling place on election day, but only to
the extent necessary |
15 | | to determine the question of the right of a person to
vote or |
16 | | to serve as a judge of election. At no time shall poll watchers |
17 | | or
challengers be allowed to physically handle the registration |
18 | | record cards.
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19 | | Updated copies of computer tapes or computer discs or other |
20 | | electronic data
processing information containing voter |
21 | | registration information shall
be furnished by the county clerk |
22 | | within 10 days after December 15 and
May
15 each year and |
23 | | within 10 days after each registration
period is closed to the |
24 | | State Board of Elections in a form
prescribed by the
Board. For |
25 | | the purposes of this Section, a registration period is closed |
26 | | 27
days before the date of any regular or special election. |
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1 | | Registration
information shall include, but not be limited to, |
2 | | the
following information: name, sex, residence, telephone |
3 | | number, if any,
age, party affiliation, if applicable, |
4 | | precinct, ward, township,
county, and representative, |
5 | | legislative and
congressional districts. In the event of |
6 | | noncompliance, the State
Board of Elections is directed to |
7 | | obtain compliance forthwith with this
nondiscretionary duty of |
8 | | the election authority by instituting legal
proceedings in the |
9 | | circuit court of the county in which the election
authority |
10 | | maintains the registration information. The costs of |
11 | | furnishing
updated copies of tapes or discs shall be paid at a |
12 | | rate of $.00034 per
name of registered voters in the election |
13 | | jurisdiction, but not less than
$50 per tape or disc and shall |
14 | | be paid from appropriations made to the
State Board of |
15 | | Elections for reimbursement to the election authority for
such |
16 | | purpose. The State Board shall furnish copies of such tapes, |
17 | | discs, other
electronic data or compilations thereof to state |
18 | | political committees
registered pursuant to the Illinois |
19 | | Campaign Finance Act or the Federal
Election Campaign Act and |
20 | | to governmental entities, at their request and at a reasonable |
21 | | cost.
To protect the privacy and confidentiality of voter |
22 | | registration information,
the disclosure
of electronic voter |
23 | | registration records to any person or entity other than to a
|
24 | | State or local political
committee and other than to a |
25 | | governmental entity for a governmental
purpose is specifically |
26 | | prohibited except as follows: subject to security measures |
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1 | | adopted by the State Board of Elections which, at a minimum, |
2 | | shall include the keeping of a catalog or database, available |
3 | | for public view, including the name, address, and telephone |
4 | | number of the person viewing the list as well as the time of |
5 | | that viewing, any person may view the centralized statewide |
6 | | voter registration list on a computer screen at the Springfield |
7 | | office of the State Board of Elections, during normal business |
8 | | hours other than during the 27 days before an election, but the |
9 | | person viewing the list under this exception may not print, |
10 | | duplicate, transmit, or alter the list. Copies of
the tapes, |
11 | | discs, or other electronic data shall be furnished by the |
12 | | county
clerk to local political committees and governmental |
13 | | entities at their request and at a
reasonable cost.
Reasonable |
14 | | cost of the tapes, discs, et cetera for
this purpose would be |
15 | | the cost of duplication plus 15% for
administration. The |
16 | | individual representing a political committee
requesting |
17 | | copies of such tapes shall make a sworn affidavit that the
|
18 | | information shall be used only for bona fide political |
19 | | purposes,
including by or for candidates for office or |
20 | | incumbent office holders.
Such tapes, discs or other electronic |
21 | | data shall not be used under any
circumstances by any political |
22 | | committee or individuals for purposes of
commercial |
23 | | solicitation or other business purposes. If such tapes
contain |
24 | | information on county residents related to the operations of
|
25 | | county government in addition to registration information, |
26 | | that
information shall not be used under any circumstances for |
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1 | | commercial
solicitation or other business purposes. The |
2 | | prohibition in this
Section against using the computer tapes or |
3 | | computer discs or other
electronic data processing information |
4 | | containing voter registration
information for purposes of |
5 | | commercial solicitation or other business
purposes shall be |
6 | | prospective only from the effective date of this
amended Act of |
7 | | 1979. Any person who violates this provision shall be
guilty of |
8 | | a Class 4 felony.
|
9 | | The State Board of Elections shall promulgate, by October |
10 | | 1, 1987, such
regulations as may be necessary to ensure |
11 | | uniformity throughout the State
in electronic data processing |
12 | | of voter registration information. The
regulations shall |
13 | | include, but need not be limited to, specifications for
uniform |
14 | | medium, communications protocol and file structure to be |
15 | | employed
by the election authorities of this State in the |
16 | | electronic data processing
of voter registration information. |
17 | | Each election authority utilizing
electronic data processing |
18 | | of voter registration information shall comply
with such |
19 | | regulations on and after May 15, 1988.
|
20 | | If the applicant for registration was last registered in |
21 | | another
county within this State, he shall also sign a |
22 | | certificate authorizing
cancellation of the former |
23 | | registration. The certificate shall be in
substantially the |
24 | | following form:
|
25 | | To the County Clerk of.... County, Illinois. (or)
|
26 | | To the Election Commission of the City of ...., Illinois.
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| | 10000SB1936sam003 | - 19 - | LRB100 08351 MLM 24827 a |
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1 | | This is to certify that I am registered in your (county) |
2 | | (city) and
that my residence was ............................
|
3 | | Having moved out of your (county) (city), I hereby authorize |
4 | | you to
cancel said registration in your office.
|
5 | | Dated at ...., Illinois, on (insert date).
|
6 | | .................................
|
7 | | (Signature of Voter)
|
8 | | Attest: ................, County Clerk, .............
|
9 | | County, Illinois.
|
10 | | The cancellation certificate shall be mailed immediately |
11 | | by the
County Clerk to the County Clerk (or election commission |
12 | | as the case may
be) where the applicant was formerly |
13 | | registered. Receipt of such
certificate shall be full authority |
14 | | for cancellation of any previous
registration.
|
15 | | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
|
16 | | (10 ILCS 5/4-25) (from Ch. 46, par. 4-25)
|
17 | | Sec. 4-25.
The compensation of the deputy registrars and |
18 | | judges of
registration appointed by the county board to conduct |
19 | | the registrations
under Section 4-6.3 and Section 4-7, shall be |
20 | | fixed by the county board,
but in no case shall such |
21 | | compensation be less than $15 nor more than
$25 per day for |
22 | | each day actually employed at the registration, canvass
and |
23 | | revision and such deputy registrars and judges of registration |
24 | | shall
also be compensated at the rate of five cents per mile |
25 | | for each mile
actually traveled in calling at the county |
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1 | | clerk's office for
registration cards and returning them to |
2 | | said officer.
|
3 | | The State Board of Elections shall reimburse each county |
4 | | for the
amount of the increase in compensation under this |
5 | | Section provided by
this amendatory Act from funds appropriated |
6 | | for that purpose.
|
7 | | (Source: P.A. 84-1308.)
|
8 | | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
|
9 | | Sec. 5-7. The county clerk shall provide a sufficient |
10 | | number of
blank forms for the registration of electors which |
11 | | shall be known as
registration record cards and which shall |
12 | | consist of loose leaf sheets
or cards, of suitable size to |
13 | | contain in plain writing and figures the
data hereinafter |
14 | | required thereon or shall consist of computer cards of
suitable |
15 | | nature to contain the data required thereon. The registration
|
16 | | record cards, which shall include an affidavit of registration |
17 | | as
hereinafter provided, shall be executed in duplicate.
|
18 | | The registration record card shall contain the following |
19 | | and such
other information as the county clerk may think it |
20 | | proper to require for
the identification of the applicant for |
21 | | registration:
|
22 | | Name. The name of the applicant, giving surname and first |
23 | | or
Christian name in full, and the middle name or the initial |
24 | | for such
middle name, if any.
|
25 | | Sex.
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1 | | Residence. The name and number of the street, avenue, or |
2 | | other
location of the dwelling, including the apartment, unit |
3 | | or room number,
if any, and in the case of a mobile home the lot |
4 | | number, and such additional
clear and definite description as |
5 | | may be necessary to determine the exact
location of the |
6 | | dwelling of the applicant, including post-office mailing
|
7 | | address. In the case of a homeless individual, the individual's |
8 | | voting
residence that is his or her mailing address shall be |
9 | | included on his or her
registration record card.
|
10 | | Term of residence in the State of Illinois and the |
11 | | precinct. Which
questions may be answered by the applicant |
12 | | stating, in excess of 30 days
in the State and in excess of 30 |
13 | | days in the precinct.
|
14 | | Nativity. The State or country in which the applicant was |
15 | | born.
|
16 | | Citizenship. Whether the applicant is native born or |
17 | | naturalized. If
naturalized, the court, place and date of |
18 | | naturalization.
|
19 | | Date of application for registration, i.e., the day, month |
20 | | and year
when applicant presented himself for registration.
|
21 | | Age. Date of birth, by month, day and year.
|
22 | | Physical disability of the applicant, if any, at the time |
23 | | of
registration, which would require assistance in voting.
|
24 | | The county and state in which the applicant was last |
25 | | registered.
|
26 | | Electronic mail address, if any. |
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1 | | Signature of voter. The applicant, after the registration |
2 | | and in the
presence of a deputy registrar or other officer of |
3 | | registration shall be
required to sign his or her name in ink |
4 | | or digitized form to the affidavit on the original
and |
5 | | duplicate registration record card.
|
6 | | Signature of Deputy Registrar.
|
7 | | In case applicant is unable to sign his name, he may affix |
8 | | his mark
to the affidavit. In such case the officer empowered |
9 | | to give the
registration oath shall write a detailed |
10 | | description of the applicant in
the space provided at the |
11 | | bottom of the card or sheet; and shall ask the
following |
12 | | questions and record the answers thereto:
|
13 | | Father's first name .......................
|
14 | | Mother's first name .......................
|
15 | | From what address did you last register?
|
16 | | Reason for inability to sign name.
|
17 | | Each applicant for registration shall make an affidavit in
|
18 | | substantially the following form:
|
19 | | AFFIDAVIT OF REGISTRATION
|
20 | | State of Illinois)
|
21 | | )ss
|
22 | | County of )
|
23 | | I hereby swear (or affirm) that I am a citizen of the |
24 | | United States;
that on the date of the next election I shall |
25 | | have resided in the State
of Illinois and in the election |
26 | | precinct in which I reside 30 days; that
I am fully qualified |
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1 | | to vote. That I intend that this location shall be
my residence |
2 | | and that the above statements are true.
|
3 | | ..............................
|
4 | | (His or her signature or mark)
|
5 | | Subscribed and sworn to before me on (insert date).
|
6 | | .........................................
|
7 | | Signature of Registration Officer.
|
8 | | (To be signed in presence of Registrant.)
|
9 | | Space shall be provided upon the face of each registration |
10 | | record
card for the notation of the voting record of the person |
11 | | registered
thereon.
|
12 | | Each registration record card shall be numbered according |
13 | | to towns
and precincts, wards, cities and villages, as the case |
14 | | may be, and may
be serially or otherwise marked for |
15 | | identification in such manner as the
county clerk may |
16 | | determine.
|
17 | | The registration cards shall be deemed public records and |
18 | | shall be
open to inspection during regular business hours, |
19 | | except during the 27
days immediately preceding any election. |
20 | | On written request of any
candidate or objector or any person |
21 | | intending to object to a petition, the
election authority shall |
22 | | extend its hours for inspection of registration
cards and other |
23 | | records of the election authority during the period
beginning |
24 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
25 | | 28-3 and continuing through the termination of electoral board |
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1 | | hearings on
any objections to petitions containing signatures |
2 | | of registered voters in
the jurisdiction of the election |
3 | | authority. The extension shall be for a
period of hours |
4 | | sufficient to allow adequate opportunity for examination of
the |
5 | | records but the election authority is not required to extend |
6 | | its hours
beyond the period beginning at its normal opening for |
7 | | business and ending
at midnight. If the business hours are so |
8 | | extended, the election authority
shall post a public notice of |
9 | | such extended hours. Registration record cards
may also be |
10 | | inspected, upon approval of the officer in charge of the cards,
|
11 | | during the 27 days immediately preceding any election. |
12 | | Registration
record
cards shall also be open to inspection by |
13 | | certified judges and poll watchers
and challengers at the |
14 | | polling place on election day, but only to the extent
necessary |
15 | | to determine the question of the right of a person to vote or |
16 | | to
serve as a judge of election. At no time shall poll watchers |
17 | | or challengers be
allowed to physically handle the registration |
18 | | record cards.
|
19 | | Updated copies of computer tapes or computer discs or other |
20 | | electronic data
processing information containing voter |
21 | | registration information shall
be furnished by the county clerk |
22 | | within 10 days after December 15 and
May
15 each year and |
23 | | within 10 days after each registration
period is closed to the |
24 | | State Board of Elections in a form
prescribed by the
Board. For |
25 | | the purposes of this Section, a registration period is closed |
26 | | 27
days before the date of any regular or special election. |
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1 | | Registration
information
shall include, but not be limited to, |
2 | | the
following information: name, sex, residence, telephone |
3 | | number, if any, age,
party affiliation, if applicable, |
4 | | precinct, ward, township, county, and
representative, |
5 | | legislative and congressional districts. In the event of
|
6 | | noncompliance, the State Board of Elections is directed to |
7 | | obtain compliance
forthwith with this nondiscretionary duty of |
8 | | the election authority by
instituting legal proceedings in the |
9 | | circuit court of the county in which the
election authority |
10 | | maintains the registration information. The costs of
|
11 | | furnishing updated copies of tapes or discs shall be paid at a |
12 | | rate of $.00034
per name of registered voters in the election |
13 | | jurisdiction, but not less than
$50 per tape or disc and shall |
14 | | be paid from appropriations made to the State
Board of |
15 | | Elections for reimbursement to the election authority for such
|
16 | | purpose. The State Board shall furnish copies of such tapes, |
17 | | discs, other electronic
data or compilations thereof to state |
18 | | political committees registered pursuant
to the Illinois |
19 | | Campaign Finance Act or the Federal Election Campaign Act and |
20 | | to governmental entities, at
their request and at a reasonable |
21 | | cost.
To protect the privacy and confidentiality of voter |
22 | | registration information,
the disclosure
of electronic voter |
23 | | registration records to any person or entity other than to a
|
24 | | State or local political
committee and other than to a |
25 | | governmental entity for a governmental
purpose
is specifically |
26 | | prohibited except as follows: subject to security measures |
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1 | | adopted by the State Board of Elections which, at a minimum, |
2 | | shall include the keeping of a catalog or database, available |
3 | | for public view, including the name, address, and telephone |
4 | | number of the person viewing the list as well as the time of |
5 | | that viewing, any person may view the centralized statewide |
6 | | voter registration list on a computer screen at the Springfield |
7 | | office of the State Board of Elections, during normal business |
8 | | hours other than during the 27 days before an election, but the |
9 | | person viewing the list under this exception may not print, |
10 | | duplicate, transmit, or alter the list.
Copies of the tapes, |
11 | | discs or other
electronic data shall be furnished by the county |
12 | | clerk to local political
committees and governmental entities |
13 | | at their request and at a reasonable cost. Reasonable cost of |
14 | | the
tapes, discs, et cetera for this purpose would be the cost |
15 | | of duplication plus
15% for administration. The individual |
16 | | representing a political committee
requesting copies of such |
17 | | tapes shall make a sworn affidavit that the
information shall |
18 | | be used only for bona fide political purposes,
including by or |
19 | | for candidates for office or incumbent office holders.
Such |
20 | | tapes, discs or other electronic data shall not be used under |
21 | | any
circumstances by any political committee or individuals for |
22 | | purposes of
commercial solicitation or other business |
23 | | purposes. If such tapes
contain information on county residents |
24 | | related to the operations of
county government in addition to |
25 | | registration information, that
information shall not be used |
26 | | under any circumstances for commercial
solicitation or other |
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1 | | business purposes. The prohibition in this
Section against |
2 | | using the computer tapes or computer discs or other
electronic |
3 | | data processing information containing voter registration
|
4 | | information for purposes of commercial solicitation or other |
5 | | business
purposes shall be prospective only from the effective |
6 | | date of this
amended Act of 1979. Any person who violates this |
7 | | provision shall be
guilty of a Class 4 felony.
|
8 | | The State Board of Elections shall promulgate, by October |
9 | | 1, 1987, such
regulations as may be necessary to ensure |
10 | | uniformity throughout the State
in electronic data processing |
11 | | of voter registration information. The
regulations shall |
12 | | include, but need not be limited to, specifications for
uniform |
13 | | medium, communications protocol and file structure to be |
14 | | employed
by the election authorities of this State in the |
15 | | electronic data processing
of voter registration information. |
16 | | Each election authority utilizing
electronic data processing |
17 | | of voter registration information shall comply
with such |
18 | | regulations on and after May 15, 1988.
|
19 | | If the applicant for registration was last registered in |
20 | | another
county within this State, he shall also sign a |
21 | | certificate authorizing
cancellation of the former |
22 | | registration. The certificate shall be in
substantially the |
23 | | following form:
|
24 | | To the County Clerk of .... County, Illinois. To the Election
|
25 | | Commission of the City of ...., Illinois.
|
26 | | This is to certify that I am registered in your (county) |
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1 | | (city) and
that my residence was .....
|
2 | | Having moved out of your (county) (city), I hereby |
3 | | authorize you to
cancel said registration in your office.
|
4 | | Dated at .... Illinois, on (insert date).
|
5 | | ....................
|
6 | | (Signature of Voter)
|
7 | | Attest ......, County Clerk, ........ County, Illinois.
|
8 | | The cancellation certificate shall be mailed immediately |
9 | | by the
county clerk to the county clerk (or election commission |
10 | | as the case may
be) where the applicant was formerly |
11 | | registered. Receipt of such
certificate shall be full authority |
12 | | for cancellation of any previous
registration.
|
13 | | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
|
14 | | (10 ILCS 5/5-35) (from Ch. 46, par. 5-35)
|
15 | | Sec. 5-35.
The officers of registration selected to conduct
|
16 | | registrations under Section 5-17 shall be paid at the rate set |
17 | | out below:
|
18 | | Registration officers selected to conduct registration and |
19 | | canvass
under Section 5-17 shall be paid at a rate of not less |
20 | | than $20 per day
nor more than $30 per day, for each day |
21 | | designated by the County Board
for any registration and canvass |
22 | | provided by Section 5-17, but in no
case shall any such officer |
23 | | selected to conduct canvass be credited for
less than two days' |
24 | | service for each canvass.
|
25 | | Officers of registration selected to conduct any |
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1 | | registration under
Section 5-17 shall be compensated at the |
2 | | rate of 5 cents per mile for
each mile actually traveled in |
3 | | calling at the county clerk's office for
registration cards and |
4 | | returning them to said officer.
|
5 | | The State Board of Elections shall reimburse each county |
6 | | for the amount
of the increase in compensation under this |
7 | | Section provided by this
amendatory Act from funds appropriated |
8 | | for that purpose.
|
9 | | (Source: P.A. 84-1308.)
|
10 | | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
|
11 | | Sec. 6-35. The Boards of Election Commissioners shall |
12 | | provide a
sufficient number of blank forms for the registration |
13 | | of electors which
shall be known as registration record cards |
14 | | and which shall consist of
loose leaf sheets or cards, of |
15 | | suitable size to contain in plain writing
and figures the data |
16 | | hereinafter required thereon or shall consist of computer
cards |
17 | | of suitable nature to contain the data required thereon. The |
18 | | registration
record cards, which shall include an affidavit of |
19 | | registration as
hereinafter provided, shall be executed in |
20 | | duplicate. The duplicate of
which may be a carbon copy of the |
21 | | original or a copy of the original
made by the use of other |
22 | | method or material used for making simultaneous
true copies or |
23 | | duplications.
|
24 | | The registration record card shall contain the following |
25 | | and such
other information as the Board of Election |
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1 | | Commissioners may think it
proper to require for the |
2 | | identification of the applicant for
registration:
|
3 | | Name. The name of the applicant, giving surname and first |
4 | | or
Christian name in full, and the middle name or the initial |
5 | | for such
middle name, if any.
|
6 | | Sex.
|
7 | | Residence. The name and number of the street, avenue, or |
8 | | other
location of the dwelling, including the apartment, unit |
9 | | or room number,
if any, and in the case of a mobile home the lot |
10 | | number, and such additional
clear and definite description as |
11 | | may be necessary to determine the exact
location of the |
12 | | dwelling of the applicant, including post-office mailing
|
13 | | address. In the case of a homeless individual, the individual's |
14 | | voting
residence that is his or her mailing address shall be |
15 | | included on his or her
registration record card.
|
16 | | Term of residence in the State of Illinois and the |
17 | | precinct.
|
18 | | Nativity. The state or country in which the applicant was |
19 | | born.
|
20 | | Citizenship. Whether the applicant is native born or |
21 | | naturalized. If
naturalized, the court, place, and date of |
22 | | naturalization.
|
23 | | Date of application for registration, i.e., the day, month |
24 | | and year
when the applicant presented himself for registration.
|
25 | | Age. Date of birth, by month, day and year.
|
26 | | Physical disability of the applicant, if any, at the time |
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1 | | of
registration, which would require assistance in voting.
|
2 | | The county and state in which the applicant was last |
3 | | registered.
|
4 | | Electronic mail address, if any. |
5 | | Signature of voter. The applicant, after registration and |
6 | | in the
presence of a deputy registrar or other officer of |
7 | | registration shall be
required to sign his or her name in ink |
8 | | or digitized form to the affidavit on both the
original and the |
9 | | duplicate registration record card.
|
10 | | Signature of deputy registrar.
|
11 | | In case applicant is unable to sign his name, he may affix |
12 | | his mark
to the affidavit. In such case the registration |
13 | | officer shall write a
detailed description of the applicant in |
14 | | the space provided at the
bottom of the card or sheet; and |
15 | | shall ask the following questions and
record the answers |
16 | | thereto:
|
17 | | Father's first name .........................
|
18 | | Mother's first name .........................
|
19 | | From what address did you last register? ....
|
20 | | Reason for inability to sign name ...........
|
21 | | Each applicant for registration shall make an affidavit in
|
22 | | substantially the following form:
|
23 | | AFFIDAVIT OF REGISTRATION
|
24 | | State of Illinois )
|
25 | | )ss
|
26 | | County of ....... )
|
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1 | | I hereby swear (or affirm) that I am a citizen of the |
2 | | United States,
that on the day of the next election I shall |
3 | | have resided in the State
of Illinois and in the election |
4 | | precinct 30 days and that I intend that
this location is my |
5 | | residence; that I am fully qualified to
vote, and that the |
6 | | above statements are true.
|
7 | | ..............................
|
8 | | (His or her signature or mark)
|
9 | | Subscribed and sworn to before me on (insert date).
|
10 | | ......................................
|
11 | | Signature of registration officer
|
12 | | (to be signed in presence of registrant).
|
13 | | Space shall be provided upon the face of each registration |
14 | | record
card for the notation of the voting record of the person |
15 | | registered
thereon.
|
16 | | Each registration record card shall be numbered according |
17 | | to wards or
precincts, as the case may be, and may be serially |
18 | | or otherwise marked
for identification in such manner as the |
19 | | Board of Election Commissioners
may determine.
|
20 | | The registration cards shall be deemed public records and |
21 | | shall be
open to inspection during regular business hours, |
22 | | except during the 27
days immediately preceding any election. |
23 | | On written request of any
candidate or objector or any person |
24 | | intending to object to a petition, the
election authority shall |
25 | | extend its hours for inspection of registration
cards and other |
26 | | records of the election authority during the period
beginning |
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1 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
2 | | 28-3 and continuing through the termination of electoral board |
3 | | hearings on
any objections to petitions containing signatures |
4 | | of registered voters in
the jurisdiction of the election |
5 | | authority. The extension shall be for a
period of hours |
6 | | sufficient to allow adequate opportunity for examination of
the |
7 | | records but the election authority is not required to extend |
8 | | its hours
beyond the period beginning at its normal opening for |
9 | | business and ending
at midnight. If the business hours are so |
10 | | extended, the election authority
shall post a public notice of |
11 | | such extended hours. Registration record cards
may also be |
12 | | inspected, upon approval of the officer in charge of the cards,
|
13 | | during the 27 days immediately preceding any election. |
14 | | Registration
record
cards shall also be open to inspection by |
15 | | certified judges and poll watchers
and challengers at the |
16 | | polling place on election day, but only to the extent
necessary |
17 | | to determine the question of the right of a person to vote or |
18 | | to
serve as a judge of election. At no time shall poll watchers |
19 | | or challengers be
allowed to physically handle the registration |
20 | | record cards.
|
21 | | Updated copies of computer tapes or computer discs or other |
22 | | electronic data
processing information containing voter |
23 | | registration information shall
be furnished by the Board of |
24 | | Election Commissioners within 10 days after
December 15 and May |
25 | | 15 each year and within 10
days after each registration period |
26 | | is closed to the State Board
of Elections in a
form prescribed |
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1 | | by the State Board. For the purposes of this Section, a
|
2 | | registration period is closed 27 days before the date of any |
3 | | regular
or special
election. Registration information shall
|
4 | | include, but not be limited to, the following information: |
5 | | name, sex,
residence, telephone number, if any, age, party |
6 | | affiliation, if
applicable, precinct, ward, township, county, |
7 | | and representative,
legislative and congressional districts. |
8 | | In the event of noncompliance,
the State Board of Elections is |
9 | | directed to obtain compliance forthwith
with this |
10 | | nondiscretionary duty of the election authority by instituting
|
11 | | legal proceedings in the circuit court of the county in which |
12 | | the election
authority maintains the registration information. |
13 | | The costs of furnishing
updated copies of tapes or discs shall |
14 | | be paid at a rate of $.00034
per name of registered voters in |
15 | | the election jurisdiction, but not less
than $50 per tape or |
16 | | disc and shall be paid from appropriations made to the
State |
17 | | Board of Elections for reimbursement to the election authority |
18 | | for
such purpose. The State Board shall furnish copies of such |
19 | | tapes, discs,
other electronic data or compilations thereof to |
20 | | state political committees
registered pursuant to the Illinois |
21 | | Campaign Finance Act or the Federal
Election Campaign Act and |
22 | | to governmental entities, at their request and at a reasonable |
23 | | cost.
To protect the privacy and confidentiality of voter |
24 | | registration information,
the disclosure
of electronic voter |
25 | | registration records to any person or entity other than to a
|
26 | | State or local political
committee and other than to a |
|
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|
|
1 | | governmental entity for a governmental
purpose is specifically |
2 | | prohibited except as follows: subject to security measures |
3 | | adopted by the State Board of Elections which, at a minimum, |
4 | | shall include the keeping of a catalog or database, available |
5 | | for public view, including the name, address, and telephone |
6 | | number of the person viewing the list as well as the time of |
7 | | that viewing, any person may view the centralized statewide |
8 | | voter registration list on a computer screen at the Springfield |
9 | | office of the State Board of Elections, during normal business |
10 | | hours other than during the 27 days before an election, but the |
11 | | person viewing the list under this exception may not print, |
12 | | duplicate, transmit, or alter the list.
Copies of the
tapes, |
13 | | discs or other electronic data shall be furnished by the Board |
14 | | of
Election Commissioners to local political committees and |
15 | | governmental entities at their request and at a
reasonable |
16 | | cost. Reasonable cost of the tapes, discs, et cetera for
this |
17 | | purpose would be the cost of duplication plus 15% for
|
18 | | administration. The individual representing a political |
19 | | committee
requesting copies of such tapes shall make a sworn |
20 | | affidavit that the
information shall be used only for bona fide |
21 | | political purposes,
including by or for candidates for office |
22 | | or incumbent office holders.
Such tapes, discs or other |
23 | | electronic data shall not be used under any
circumstances by |
24 | | any political committee or individuals for purposes of
|
25 | | commercial solicitation or other business purposes. If such |
26 | | tapes
contain information on county residents related to the |
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1 | | operations of
county government in addition to registration |
2 | | information, that
information shall not be used under any |
3 | | circumstances for commercial
solicitation or other business |
4 | | purposes. The prohibition in this
Section against using the |
5 | | computer tapes or computer discs or other
electronic data |
6 | | processing information containing voter registration
|
7 | | information for purposes of commercial solicitation or other |
8 | | business
purposes shall be prospective only from the effective |
9 | | date of this
amended Act of 1979. Any person who violates this |
10 | | provision shall be
guilty of a Class 4 felony.
|
11 | | The State Board of Elections shall promulgate, by October |
12 | | 1, 1987, such
regulations as may be necessary to ensure |
13 | | uniformity throughout the State
in electronic data processing |
14 | | of voter registration information. The
regulations shall |
15 | | include, but need not be limited to, specifications for
uniform |
16 | | medium, communications protocol and file structure to be |
17 | | employed
by the election authorities of this State in the |
18 | | electronic data processing
of voter registration information. |
19 | | Each election authority utilizing
electronic data processing |
20 | | of voter registration information shall comply
with such |
21 | | regulations on and after May 15, 1988.
|
22 | | If the applicant for registration was last registered in |
23 | | another
county within this State, he shall also sign a |
24 | | certificate authorizing
cancellation of the former |
25 | | registration. The certificate shall be in
substantially the |
26 | | following form:
|
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1 | | To the County Clerk of .... County, Illinois.
|
2 | | To the Election Commission of the City of ...., Illinois.
|
3 | | This is to certify that I am registered in your (county) |
4 | | (city) and
that my residence was ..... Having moved out of your |
5 | | (county), (city), I
hereby authorize you to cancel that |
6 | | registration in your office.
|
7 | | Dated at ...., Illinois, on (insert date).
|
8 | | ....................
|
9 | | (Signature of Voter)
|
10 | | Attest ...., Clerk, Election Commission of the City of....,
|
11 | | Illinois.
|
12 | | The cancellation certificate shall be mailed immediately |
13 | | by the clerk
of the Election Commission to the county clerk, |
14 | | (or Election Commission
as the case may be) where the applicant |
15 | | was formerly registered. Receipt
of such certificate shall be |
16 | | full authority for cancellation of any
previous registration.
|
17 | | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
|
18 | | (10 ILCS 5/6-71) (from Ch. 46, par. 6-71)
|
19 | | Sec. 6-71.
In the cities, villages and incorporated towns |
20 | | in counties
having a population of 500,000 or more, which are |
21 | | operating under this
Article, the compensation of deputy |
22 | | registrars and judges of
registration provided for the first |
23 | | registration under this Article and
officers of registration |
24 | | appointed in conformity with Section 6-69 of
this Article for |
25 | | subsequent registration shall be not less than $20 nor
more |
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1 | | than $30 per day. In cities, villages and incorporated towns in
|
2 | | counties having a population of less than 500,000, and |
3 | | operating under
this Article, the compensation of the deputy |
4 | | registrars and judges of
registration provided for the first |
5 | | registration under this Article, and
officers of registration |
6 | | appointed in conformity with Section 6-69 of
this Article for |
7 | | subsequent registrations shall be $17.50 per day. The
|
8 | | compensation of such deputy registrars, judges of registration |
9 | | and
officers of registration, shall be apportioned and paid in |
10 | | the manner
provided by Article 14 of this Act for judges of |
11 | | election.
|
12 | | Each judge of registration who has performed all the duties |
13 | | and
services required for the first registration under this |
14 | | Article shall be
credited with 2 days' service for the 2 days |
15 | | of general registration
provided for by this Article. Each |
16 | | deputy registrar who has performed
all the duties and services |
17 | | required for the first registration under
this Article shall be |
18 | | credited with 4 days' service for the 2 days of
general |
19 | | registration and the 2 days of canvass as provided for by this
|
20 | | Article.
|
21 | | Officers of registration authorized by Section 6-69 of this |
22 | | Article
for registration subsequent to the first registration |
23 | | under this Article
shall be credited with one day's service for |
24 | | each registration, and,
with the approval of the circuit court, |
25 | | may be credited with an
additional day for such other services |
26 | | as the Board of Election
Commissioners may require of them, an |
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1 | | order of the circuit court in such
cases to recite such |
2 | | additional services and to designate the officers
of |
3 | | registration from whom such additional services are to be |
4 | | received,
provided that in cities, villages and incorporated |
5 | | towns in counties
having a population of 500,000 or more, which |
6 | | are operating under this
Article, any such officer selected to |
7 | | conduct canvass shall be credited
with not less than 2 days' |
8 | | service for each canvass.
|
9 | | The State Board of Elections shall reimburse each board of |
10 | | election
commissioners for the amount of the increase in |
11 | | compensation under this
Section provided by this amendatory Act |
12 | | from funds appropriated for that
purpose.
|
13 | | (Source: P.A. 81-850; 81-1149.)
|
14 | | (15 ILCS 550/Act rep.)
|
15 | | Section 10-10. The Public Education Affinity Credit Card |
16 | | Act is repealed. |
17 | | Section 10-15. The Illinois Act on the Aging is amended by |
18 | | changing Sections 4.02 and 4.14 as follows:
|
19 | | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
|
20 | | Sec. 4.02. Community Care Program. The Department shall |
21 | | establish a program of services to
prevent unnecessary |
22 | | institutionalization of persons age 60 and older in
need of |
23 | | long term care or who are established as persons who suffer |
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1 | | from
Alzheimer's disease or a related disorder under the |
2 | | Alzheimer's Disease
Assistance Act, thereby enabling them
to |
3 | | remain in their own homes or in other living arrangements. Such
|
4 | | preventive services, which may be coordinated with other |
5 | | programs for the
aged and monitored by area agencies on aging |
6 | | in cooperation with the
Department, may include, but are not |
7 | | limited to, any or all of the following:
|
8 | | (a) (blank);
|
9 | | (b) (blank);
|
10 | | (c) home care aide services;
|
11 | | (d) personal assistant services;
|
12 | | (e) adult day services;
|
13 | | (f) home-delivered meals;
|
14 | | (g) education in self-care;
|
15 | | (h) personal care services;
|
16 | | (i) adult day health services;
|
17 | | (j) habilitation services;
|
18 | | (k) respite care;
|
19 | | (k-5) community reintegration services;
|
20 | | (k-6) flexible senior services; |
21 | | (k-7) medication management; |
22 | | (k-8) emergency home response;
|
23 | | (l) other nonmedical social services that may enable |
24 | | the person
to become self-supporting; or
|
25 | | (m) clearinghouse for information provided by senior |
26 | | citizen home owners
who want to rent rooms to or share |
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1 | | living space with other senior citizens.
|
2 | | The Department shall establish eligibility standards for |
3 | | such
services. In determining the amount and nature of services
|
4 | | for which a person may qualify, consideration shall not be |
5 | | given to the
value of cash, property or other assets held in |
6 | | the name of the person's
spouse pursuant to a written agreement |
7 | | dividing marital property into equal
but separate shares or |
8 | | pursuant to a transfer of the person's interest in a
home to |
9 | | his spouse, provided that the spouse's share of the marital
|
10 | | property is not made available to the person seeking such |
11 | | services.
|
12 | | Beginning January 1, 2008, the Department shall require as |
13 | | a condition of eligibility that all new financially eligible |
14 | | applicants apply for and enroll in medical assistance under |
15 | | Article V of the Illinois Public Aid Code in accordance with |
16 | | rules promulgated by the Department.
|
17 | | The Department shall, in conjunction with the Department of |
18 | | Public Aid (now Department of Healthcare and Family Services),
|
19 | | seek appropriate amendments under Sections 1915 and 1924 of the |
20 | | Social
Security Act. The purpose of the amendments shall be to |
21 | | extend eligibility
for home and community based services under |
22 | | Sections 1915 and 1924 of the
Social Security Act to persons |
23 | | who transfer to or for the benefit of a
spouse those amounts of |
24 | | income and resources allowed under Section 1924 of
the Social |
25 | | Security Act. Subject to the approval of such amendments, the
|
26 | | Department shall extend the provisions of Section 5-4 of the |
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1 | | Illinois
Public Aid Code to persons who, but for the provision |
2 | | of home or
community-based services, would require the level of |
3 | | care provided in an
institution, as is provided for in federal |
4 | | law. Those persons no longer
found to be eligible for receiving |
5 | | noninstitutional services due to changes
in the eligibility |
6 | | criteria shall be given 45 days notice prior to actual
|
7 | | termination. Those persons receiving notice of termination may |
8 | | contact the
Department and request the determination be |
9 | | appealed at any time during the
45 day notice period. The |
10 | | target
population identified for the purposes of this Section |
11 | | are persons age 60
and older with an identified service need. |
12 | | Priority shall be given to those
who are at imminent risk of |
13 | | institutionalization. The services shall be
provided to |
14 | | eligible persons age 60 and older to the extent that the cost
|
15 | | of the services together with the other personal maintenance
|
16 | | expenses of the persons are reasonably related to the standards
|
17 | | established for care in a group facility appropriate to the |
18 | | person's
condition. These non-institutional services, pilot |
19 | | projects or
experimental facilities may be provided as part of |
20 | | or in addition to
those authorized by federal law or those |
21 | | funded and administered by the
Department of Human Services. |
22 | | The Departments of Human Services, Healthcare and Family |
23 | | Services,
Public Health, Veterans' Affairs, and Commerce and |
24 | | Economic Opportunity and
other appropriate agencies of State, |
25 | | federal and local governments shall
cooperate with the |
26 | | Department on Aging in the establishment and development
of the |
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1 | | non-institutional services. The Department shall require an |
2 | | annual
audit from all personal assistant
and home care aide |
3 | | vendors contracting with
the Department under this Section. The |
4 | | annual audit shall assure that each
audited vendor's procedures |
5 | | are in compliance with Department's financial
reporting |
6 | | guidelines requiring an administrative and employee wage and |
7 | | benefits cost split as defined in administrative rules. The |
8 | | audit is a public record under
the Freedom of Information Act. |
9 | | The Department shall execute, relative to
the nursing home |
10 | | prescreening project, written inter-agency
agreements with the |
11 | | Department of Human Services and the Department
of Healthcare |
12 | | and Family Services, to effect the following: (1) intake |
13 | | procedures and common
eligibility criteria for those persons |
14 | | who are receiving non-institutional
services; and (2) the |
15 | | establishment and development of non-institutional
services in |
16 | | areas of the State where they are not currently available or |
17 | | are
undeveloped. On and after July 1, 1996, all nursing home |
18 | | prescreenings for
individuals 60 years of age or older shall be |
19 | | conducted by the Department.
|
20 | | As part of the Department on Aging's routine training of |
21 | | case managers and case manager supervisors, the Department may |
22 | | include information on family futures planning for persons who |
23 | | are age 60 or older and who are caregivers of their adult |
24 | | children with developmental disabilities. The content of the |
25 | | training shall be at the Department's discretion. |
26 | | The Department is authorized to establish a system of |
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1 | | recipient copayment
for services provided under this Section, |
2 | | such copayment to be based upon
the recipient's ability to pay |
3 | | but in no case to exceed the actual cost of
the services |
4 | | provided. Additionally, any portion of a person's income which
|
5 | | is equal to or less than the federal poverty standard shall not |
6 | | be
considered by the Department in determining the copayment. |
7 | | The level of
such copayment shall be adjusted whenever |
8 | | necessary to reflect any change
in the officially designated |
9 | | federal poverty standard.
|
10 | | The Department, or the Department's authorized |
11 | | representative, may
recover the amount of moneys expended for |
12 | | services provided to or in
behalf of a person under this |
13 | | Section by a claim against the person's
estate or against the |
14 | | estate of the person's surviving spouse, but no
recovery may be |
15 | | had until after the death of the surviving spouse, if
any, and |
16 | | then only at such time when there is no surviving child who
is |
17 | | under age 21 or blind or who has a permanent and total |
18 | | disability. This
paragraph, however, shall not bar recovery, at |
19 | | the death of the person, of
moneys for services provided to the |
20 | | person or in behalf of the person under
this Section to which |
21 | | the person was not entitled;
provided that such recovery shall |
22 | | not be enforced against any real estate while
it is occupied as |
23 | | a homestead by the surviving spouse or other dependent, if no
|
24 | | claims by other creditors have been filed against the estate, |
25 | | or, if such
claims have been filed, they remain dormant for |
26 | | failure of prosecution or
failure of the claimant to compel |
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1 | | administration of the estate for the purpose
of payment. This |
2 | | paragraph shall not bar recovery from the estate of a spouse,
|
3 | | under Sections 1915 and 1924 of the Social Security Act and |
4 | | Section 5-4 of the
Illinois Public Aid Code, who precedes a |
5 | | person receiving services under this
Section in death. All |
6 | | moneys for services
paid to or in behalf of the person under |
7 | | this Section shall be claimed for
recovery from the deceased |
8 | | spouse's estate. "Homestead", as used
in this paragraph, means |
9 | | the dwelling house and
contiguous real estate occupied by a |
10 | | surviving spouse
or relative, as defined by the rules and |
11 | | regulations of the Department of Healthcare and Family |
12 | | Services, regardless of the value of the property.
|
13 | | The Department shall increase the effectiveness of the |
14 | | existing Community Care Program by: |
15 | | (1) ensuring that in-home services included in the care |
16 | | plan are available on evenings and weekends; |
17 | | (2) ensuring that care plans contain the services that |
18 | | eligible participants
need based on the number of days in a |
19 | | month, not limited to specific blocks of time, as |
20 | | identified by the comprehensive assessment tool selected |
21 | | by the Department for use statewide, not to exceed the |
22 | | total monthly service cost maximum allowed for each |
23 | | service; the Department shall develop administrative rules |
24 | | to implement this item (2); |
25 | | (3) ensuring that the participants have the right to |
26 | | choose the services contained in their care plan and to |
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1 | | direct how those services are provided, based on |
2 | | administrative rules established by the Department; |
3 | | (4) ensuring that the determination of need tool is |
4 | | accurate in determining the participants' level of need; to |
5 | | achieve this, the Department, in conjunction with the Older |
6 | | Adult Services Advisory Committee, shall institute a study |
7 | | of the relationship between the Determination of Need |
8 | | scores, level of need, service cost maximums, and the |
9 | | development and utilization of service plans no later than |
10 | | May 1, 2008; findings and recommendations shall be |
11 | | presented to the Governor and the General Assembly no later |
12 | | than January 1, 2009; recommendations shall include all |
13 | | needed changes to the service cost maximums schedule and |
14 | | additional covered services; |
15 | | (5) ensuring that homemakers can provide personal care |
16 | | services that may or may not involve contact with clients, |
17 | | including but not limited to: |
18 | | (A) bathing; |
19 | | (B) grooming; |
20 | | (C) toileting; |
21 | | (D) nail care; |
22 | | (E) transferring; |
23 | | (F) respiratory services; |
24 | | (G) exercise; or |
25 | | (H) positioning; |
26 | | (6) ensuring that homemaker program vendors are not |
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1 | | restricted from hiring homemakers who are family members of |
2 | | clients or recommended by clients; the Department may not, |
3 | | by rule or policy, require homemakers who are family |
4 | | members of clients or recommended by clients to accept |
5 | | assignments in homes other than the client; |
6 | | (7) ensuring that the State may access maximum federal |
7 | | matching funds by seeking approval for the Centers for |
8 | | Medicare and Medicaid Services for modifications to the |
9 | | State's home and community based services waiver and |
10 | | additional waiver opportunities, including applying for |
11 | | enrollment in the Balance Incentive Payment Program by May |
12 | | 1, 2013, in order to maximize federal matching funds; this |
13 | | shall include, but not be limited to, modification that |
14 | | reflects all changes in the Community Care Program services |
15 | | and all increases in the services cost maximum; |
16 | | (8) ensuring that the determination of need tool |
17 | | accurately reflects the service needs of individuals with |
18 | | Alzheimer's disease and related dementia disorders; |
19 | | (9) ensuring that services are authorized accurately |
20 | | and consistently for the Community Care Program (CCP); the |
21 | | Department shall implement a Service Authorization policy |
22 | | directive; the purpose shall be to ensure that eligibility |
23 | | and services are authorized accurately and consistently in |
24 | | the CCP program; the policy directive shall clarify service |
25 | | authorization guidelines to Care Coordination Units and |
26 | | Community Care Program providers no later than May 1, 2013; |
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1 | | (10) working in conjunction with Care Coordination |
2 | | Units, the Department of Healthcare and Family Services, |
3 | | the Department of Human Services, Community Care Program |
4 | | providers, and other stakeholders to make improvements to |
5 | | the Medicaid claiming processes and the Medicaid |
6 | | enrollment procedures or requirements as needed, |
7 | | including, but not limited to, specific policy changes or |
8 | | rules to improve the up-front enrollment of participants in |
9 | | the Medicaid program and specific policy changes or rules |
10 | | to insure more prompt submission of bills to the federal |
11 | | government to secure maximum federal matching dollars as |
12 | | promptly as possible; the Department on Aging shall have at |
13 | | least 3 meetings with stakeholders by January 1, 2014 in |
14 | | order to address these improvements; |
15 | | (11) requiring home care service providers to comply |
16 | | with the rounding of hours worked provisions under the |
17 | | federal Fair Labor Standards Act (FLSA) and as set forth in |
18 | | 29 CFR 785.48(b) by May 1, 2013; |
19 | | (12) implementing any necessary policy changes or |
20 | | promulgating any rules, no later than January 1, 2014, to |
21 | | assist the Department of Healthcare and Family Services in |
22 | | moving as many participants as possible, consistent with |
23 | | federal regulations, into coordinated care plans if a care |
24 | | coordination plan that covers long term care is available |
25 | | in the recipient's area; and |
26 | | (13) maintaining fiscal year 2014 rates at the same |
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1 | | level established on January 1, 2013. |
2 | | By January 1, 2009 or as soon after the end of the Cash and |
3 | | Counseling Demonstration Project as is practicable, the |
4 | | Department may, based on its evaluation of the demonstration |
5 | | project, promulgate rules concerning personal assistant |
6 | | services, to include, but need not be limited to, |
7 | | qualifications, employment screening, rights under fair labor |
8 | | standards, training, fiduciary agent, and supervision |
9 | | requirements. All applicants shall be subject to the provisions |
10 | | of the Health Care Worker Background Check Act.
|
11 | | The Department shall develop procedures to enhance |
12 | | availability of
services on evenings, weekends, and on an |
13 | | emergency basis to meet the
respite needs of caregivers. |
14 | | Procedures shall be developed to permit the
utilization of |
15 | | services in successive blocks of 24 hours up to the monthly
|
16 | | maximum established by the Department. Workers providing these |
17 | | services
shall be appropriately trained.
|
18 | | Beginning on the effective date of this amendatory Act of |
19 | | 1991, no person
may perform chore/housekeeping and home care |
20 | | aide services under a program
authorized by this Section unless |
21 | | that person has been issued a certificate
of pre-service to do |
22 | | so by his or her employing agency. Information
gathered to |
23 | | effect such certification shall include (i) the person's name,
|
24 | | (ii) the date the person was hired by his or her current |
25 | | employer, and
(iii) the training, including dates and levels. |
26 | | Persons engaged in the
program authorized by this Section |
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1 | | before the effective date of this
amendatory Act of 1991 shall |
2 | | be issued a certificate of all pre- and
in-service training |
3 | | from his or her employer upon submitting the necessary
|
4 | | information. The employing agency shall be required to retain |
5 | | records of
all staff pre- and in-service training, and shall |
6 | | provide such records to
the Department upon request and upon |
7 | | termination of the employer's contract
with the Department. In |
8 | | addition, the employing agency is responsible for
the issuance |
9 | | of certifications of in-service training completed to their
|
10 | | employees.
|
11 | | The Department is required to develop a system to ensure |
12 | | that persons
working as home care aides and personal assistants
|
13 | | receive increases in their
wages when the federal minimum wage |
14 | | is increased by requiring vendors to
certify that they are |
15 | | meeting the federal minimum wage statute for home care aides
|
16 | | and personal assistants. An employer that cannot ensure that |
17 | | the minimum
wage increase is being given to home care aides and |
18 | | personal assistants
shall be denied any increase in |
19 | | reimbursement costs.
|
20 | | The Community Care Program Advisory Committee is created in |
21 | | the Department on Aging. The Director shall appoint individuals |
22 | | to serve in the Committee, who shall serve at their own |
23 | | expense. Members of the Committee must abide by all applicable |
24 | | ethics laws. The Committee shall advise the Department on |
25 | | issues related to the Department's program of services to |
26 | | prevent unnecessary institutionalization. The Committee shall |
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1 | | meet on a bi-monthly basis and shall serve to identify and |
2 | | advise the Department on present and potential issues affecting |
3 | | the service delivery network, the program's clients, and the |
4 | | Department and to recommend solution strategies. Persons |
5 | | appointed to the Committee shall be appointed on, but not |
6 | | limited to, their own and their agency's experience with the |
7 | | program, geographic representation, and willingness to serve. |
8 | | The Director shall appoint members to the Committee to |
9 | | represent provider, advocacy, policy research, and other |
10 | | constituencies committed to the delivery of high quality home |
11 | | and community-based services to older adults. Representatives |
12 | | shall be appointed to ensure representation from community care |
13 | | providers including, but not limited to, adult day service |
14 | | providers, homemaker providers, case coordination and case |
15 | | management units, emergency home response providers, statewide |
16 | | trade or labor unions that represent home care
aides and direct |
17 | | care staff, area agencies on aging, adults over age 60, |
18 | | membership organizations representing older adults, and other |
19 | | organizational entities, providers of care, or individuals |
20 | | with demonstrated interest and expertise in the field of home |
21 | | and community care as determined by the Director. |
22 | | Nominations may be presented from any agency or State |
23 | | association with interest in the program. The Director, or his |
24 | | or her designee, shall serve as the permanent co-chair of the |
25 | | advisory committee. One other co-chair shall be nominated and |
26 | | approved by the members of the committee on an annual basis. |
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1 | | Committee members' terms of appointment shall be for 4 years |
2 | | with one-quarter of the appointees' terms expiring each year. A |
3 | | member shall continue to serve until his or her replacement is |
4 | | named. The Department shall fill vacancies that have a |
5 | | remaining term of over one year, and this replacement shall |
6 | | occur through the annual replacement of expiring terms. The |
7 | | Director shall designate Department staff to provide technical |
8 | | assistance and staff support to the committee. Department |
9 | | representation shall not constitute membership of the |
10 | | committee. All Committee papers, issues, recommendations, |
11 | | reports, and meeting memoranda are advisory only. The Director, |
12 | | or his or her designee, shall make a written report, as |
13 | | requested by the Committee, regarding issues before the |
14 | | Committee.
|
15 | | The Department on Aging and the Department of Human |
16 | | Services
shall cooperate in the development and submission of |
17 | | an annual report on
programs and services provided under this |
18 | | Section. Such joint report
shall be filed with the Governor and |
19 | | the General Assembly on or before
September 30 each year.
|
20 | | The requirement for reporting to the General Assembly shall |
21 | | be satisfied
by filing copies of the report with the Speaker, |
22 | | the Minority Leader and
the Clerk of the House of |
23 | | Representatives and the President, the Minority
Leader and the |
24 | | Secretary of the Senate and the Legislative Research Unit,
as |
25 | | required by Section 3.1 of the General Assembly Organization |
26 | | Act and
filing such additional copies with the State Government |
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1 | | Report Distribution
Center for the General Assembly as is |
2 | | required under paragraph (t) of
Section 7 of the State Library |
3 | | Act.
|
4 | | Those persons previously found eligible for receiving |
5 | | non-institutional
services whose services were discontinued |
6 | | under the Emergency Budget Act of
Fiscal Year 1992, and who do |
7 | | not meet the eligibility standards in effect
on or after July |
8 | | 1, 1992, shall remain ineligible on and after July 1,
1992. |
9 | | Those persons previously not required to cost-share and who |
10 | | were
required to cost-share effective March 1, 1992, shall |
11 | | continue to meet
cost-share requirements on and after July 1, |
12 | | 1992. Beginning July 1, 1992,
all clients will be required to |
13 | | meet
eligibility, cost-share, and other requirements and will |
14 | | have services
discontinued or altered when they fail to meet |
15 | | these requirements. |
16 | | For the purposes of this Section, "flexible senior |
17 | | services" refers to services that require one-time or periodic |
18 | | expenditures including, but not limited to, respite care, home |
19 | | modification, assistive technology, housing assistance, and |
20 | | transportation.
|
21 | | The Department shall implement an electronic service |
22 | | verification based on global positioning systems or other |
23 | | cost-effective technology for the Community Care Program no |
24 | | later than January 1, 2014. |
25 | | The Department shall require, as a condition of |
26 | | eligibility, enrollment in the medical assistance program |
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1 | | under Article V of the Illinois Public Aid Code (i) beginning |
2 | | August 1, 2013, if the Auditor General has reported that the |
3 | | Department has failed
to comply with the reporting requirements |
4 | | of Section 2-27 of
the Illinois State Auditing Act; or (ii) |
5 | | beginning June 1, 2014, if the Auditor General has reported |
6 | | that the
Department has not undertaken the required actions |
7 | | listed in
the report required by subsection (a) of Section 2-27 |
8 | | of the
Illinois State Auditing Act. |
9 | | The Department shall delay Community Care Program services |
10 | | until an applicant is determined eligible for medical |
11 | | assistance under Article V of the Illinois Public Aid Code (i) |
12 | | beginning August 1, 2013, if the Auditor General has reported |
13 | | that the Department has failed
to comply with the reporting |
14 | | requirements of Section 2-27 of
the Illinois State Auditing |
15 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has |
16 | | reported that the
Department has not undertaken the required |
17 | | actions listed in
the report required by subsection (a) of |
18 | | Section 2-27 of the
Illinois State Auditing Act. |
19 | | The Department shall implement co-payments for the |
20 | | Community Care Program at the federally allowable maximum level |
21 | | (i) beginning August 1, 2013, if the Auditor General has |
22 | | reported that the Department has failed
to comply with the |
23 | | reporting requirements of Section 2-27 of
the Illinois State |
24 | | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor |
25 | | General has reported that the
Department has not undertaken the |
26 | | required actions listed in
the report required by subsection |
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1 | | (a) of Section 2-27 of the
Illinois State Auditing Act. |
2 | | The Department shall provide a bi-monthly report on the |
3 | | progress of the Community Care Program reforms set forth in |
4 | | this amendatory Act of the 98th General Assembly to the |
5 | | Governor, the Speaker of the House of Representatives, the |
6 | | Minority Leader of the House of Representatives, the
President |
7 | | of the
Senate, and the Minority Leader of the Senate. |
8 | | The Department shall conduct a quarterly review of Care |
9 | | Coordination Unit performance and adherence to service |
10 | | guidelines. The quarterly review shall be reported to the |
11 | | Speaker of the House of Representatives, the Minority Leader of |
12 | | the House of Representatives, the
President of the
Senate, and |
13 | | the Minority Leader of the Senate. The Department shall collect |
14 | | and report longitudinal data on the performance of each care |
15 | | coordination unit. Nothing in this paragraph shall be construed |
16 | | to require the Department to identify specific care |
17 | | coordination units. |
18 | | In regard to community care providers, failure to comply |
19 | | with Department on Aging policies shall be cause for |
20 | | disciplinary action, including, but not limited to, |
21 | | disqualification from serving Community Care Program clients. |
22 | | Each provider, upon submission of any bill or invoice to the |
23 | | Department for payment for services rendered, shall include a |
24 | | notarized statement, under penalty of perjury pursuant to |
25 | | Section 1-109 of the Code of Civil Procedure, that the provider |
26 | | has complied with all Department policies. |
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1 | | The Director of the Department on Aging shall make |
2 | | information available to the State Board of Elections as may be |
3 | | required by an agreement the State Board of Elections has |
4 | | entered into with a multi-state voter registration list |
5 | | maintenance system. |
6 | | (Source: P.A. 98-8, eff. 5-3-13; 98-1171, eff. 6-1-15; 99-143, |
7 | | eff. 7-27-15.) |
8 | | (20 ILCS 105/4.14) |
9 | | Sec. 4.14. Rural Senior Citizen Program. |
10 | | (a) The General Assembly finds that it is in the best |
11 | | interest of the citizens of Illinois to identify and address |
12 | | the special challenges and needs faced by older rural |
13 | | residents. The General Assembly further finds that rural areas |
14 | | are often under-served and unserved to the detriment of older |
15 | | residents and their families, which may require the allocation |
16 | | of additional resources. |
17 | | (b) (Blank). The Department shall identify the special |
18 | | needs and problems of older rural residents and evaluate the |
19 | | adequacy and accessibility of existing programs and |
20 | | information for older rural residents. The scope of the |
21 | | Department's work shall encompass both Older American Act |
22 | | services, Community Care services, and all other services |
23 | | targeted in whole or in part at residents 60 years of age and |
24 | | older, regardless of the setting in which the service is |
25 | | provided. |
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1 | | (c) (Blank). The Older Rural Adults Task Force is |
2 | | established to gather information and make recommendations in |
3 | | collaboration with the Department on Aging and the Older Adult |
4 | | Services Committee. The Task Force shall be comprised of 12 |
5 | | voting members and 7 non-voting members. The President and |
6 | | Minority Leader of the Illinois Senate and the Speaker and |
7 | | Minority Leader of the Illinois House of Representatives shall |
8 | | each appoint 2 members of the General Assembly and one citizen |
9 | | member to the Task Force. Citizen members may seek |
10 | | reimbursement for actual travel expenses. Representatives of |
11 | | the Department on Aging and the Departments of Healthcare and |
12 | | Family Services, Human Services, Public Health, and Commerce |
13 | | and Economic Opportunity, the Rural Affairs Council, and the |
14 | | Illinois Housing Development Authority shall serve as |
15 | | non-voting members. The Department on Aging shall provide staff |
16 | | support to the Task Force. |
17 | | Co-chairs shall be selected by the Task Force at its first |
18 | | meeting. Both shall be appointed voting members of the Task |
19 | | Force. One co-chair shall be a member of the General Assembly |
20 | | and one shall be a citizen member. A simple majority of those |
21 | | appointed shall constitute a quorum. The Task Force may hold |
22 | | regional hearings and fact finding meetings and shall submit a |
23 | | report to the General Assembly no later than January 1, 2009. |
24 | | The Task Force is dissolved upon submission of the report.
|
25 | | (Source: P.A. 95-89, eff. 8-13-07.) |
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1 | | (20 ILCS 605/605-312 rep.)
|
2 | | (20 ILCS 605/605-817 rep.)
|
3 | | (20 ILCS 605/605-855 rep.)
|
4 | | Section 10-20. The Department of Commerce and Economic |
5 | | Opportunity Law of the
Civil Administrative Code of Illinois is |
6 | | amended by repealing Sections 605-312, 605-817, and 605-855. |
7 | | (20 ILCS 627/Act rep.) |
8 | | Section 10-25. The Electric Vehicle Act is repealed. |
9 | | Section 10-30. The Illinois Emergency Employment |
10 | | Development Act is amended by changing Section 3 as follows:
|
11 | | (20 ILCS 630/3) (from Ch. 48, par. 2403)
|
12 | | Sec. 3. Illinois Emergency Employment
Development |
13 | | Coordinator. |
14 | | (a) The governor shall appoint an Illinois Emergency |
15 | | Employment
Development Coordinator to administer the |
16 | | provisions of this Act. The
coordinator shall be within the |
17 | | Department of Commerce and Economic Opportunity, but shall be |
18 | | responsible directly to the governor. The coordinator
shall |
19 | | have the powers necessary to carry out the purpose of the |
20 | | program.
|
21 | | (b) The coordinator shall:
|
22 | | (1) recommend one or more Employment Administrators |
23 | | for each service delivery area for approval by the Advisory |
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1 | | Committee, with recommendations based on the demonstrated |
2 | | ability of the Employment Administrator to identify and |
3 | | address local needs;
|
4 | | (2) enter into a contract with one or more Employment |
5 | | Administrators in each service delivery area;
|
6 | | (3) assist the Employment Administrator in developing |
7 | | a satisfactory plan if an Employment Administrator submits |
8 | | one that does not conform to program requirements;
|
9 | | (4) convene and provide staff support to the Advisory |
10 | | Committee; |
11 | | (5) coordinate the program with other State agencies |
12 | | and services including public benefits and workforce |
13 | | programs for unemployed individuals; and
|
14 | | (6) perform general program marketing and monitoring |
15 | | functions. |
16 | | (c) (Blank). The coordinator shall administer the program |
17 | | within the Department
of Commerce and Economic Opportunity. The |
18 | | Director of Commerce and Economic Opportunity shall provide |
19 | | administrative support services to the coordinator
for the |
20 | | purposes of the program.
|
21 | | (d) The coordinator shall report to the Governor, the |
22 | | Advisory Committee, and the General Assembly on a
quarterly |
23 | | basis concerning (1) the number of persons employed under the
|
24 | | program; (2) the number and type
of employers under the |
25 | | program; (3) the amount of money spent in each
service delivery |
26 | | area for wages for each type of employment
and each type of |
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1 | | other
expenses; (4) the number of persons who have completed |
2 | | participation in the
program and their current employment, |
3 | | educational or training status;
(5) any information requested |
4 | | by the General Assembly, the Advisory Committee, or governor or |
5 | | deemed
pertinent by the coordinator; and (6) any identified |
6 | | violations of this Act and actions taken. Each report shall |
7 | | include cumulative
information, as well as information for each |
8 | | quarter.
|
9 | | (e) Rules. The Director of Commerce and Economic |
10 | | Opportunity, with the
advice of the coordinator and the |
11 | | Advisory Committee, shall adopt rules for the administration |
12 | | and
enforcement of this Act.
|
13 | | (Source: P.A. 96-995, eff. 1-1-11; 97-581, eff. 8-26-11.)
|
14 | | (20 ILCS 630/17 rep.) |
15 | | Section 10-35. The Illinois Emergency Employment |
16 | | Development Act is amended by repealing Section 17.
|
17 | | (20 ILCS 685/Act rep.)
|
18 | | Section 10-40. The Particle Accelerator Land Acquisition |
19 | | Act is repealed. |
20 | | Section 10-45. The Illinois Geographic Information Council |
21 | | Act is amended by changing Section 5-5 as follows:
|
22 | | (20 ILCS 1128/5-5)
|
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1 | | Sec. 5-5. Council. The Illinois Geographic Information |
2 | | Council,
hereinafter called the "Council", is created within |
3 | | the Department of Natural Resources.
|
4 | | The Council shall consist of 15 17 voting members, as |
5 | | follows: the
Illinois Secretary of State, the Illinois |
6 | | Secretary of Transportation, the
Directors of the Illinois |
7 | | Departments of Agriculture, Central Management
Services, |
8 | | Commerce and Economic Opportunity, Nuclear Safety,
Public |
9 | | Health, Natural Resources, and Revenue, the Directors of
the |
10 | | Illinois Emergency Management Agency and the Illinois |
11 | | Environmental
Protection Agency, the President of the |
12 | | University of Illinois, the Chairman of
the Illinois Commerce |
13 | | Commission, plus 4 members of the General Assembly, one
each |
14 | | appointed by the Speaker and Minority Leader of the House and |
15 | | the
President and Minority Leader of the Senate. An ex officio |
16 | | voting member may
designate another person to carry out his or |
17 | | her duties on the Council.
|
18 | | In addition to the above members, the Governor may appoint |
19 | | up to 10
additional voting members, representing local, |
20 | | regional, and federal agencies,
professional organizations, |
21 | | academic institutions, public utilities, and the
private |
22 | | sector.
|
23 | | Members appointed by the Governor shall serve at the |
24 | | pleasure of the
Governor.
|
25 | | (Source: P.A. 94-793, eff. 5-19-06; 94-961, eff. 6-27-06.)
|
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1 | | Section 10-50. The Capital Spending Accountability Law is |
2 | | amended by changing Section 805 as follows: |
3 | | (20 ILCS 3020/805)
|
4 | | Sec. 805. Reports on capital spending. On the 45th first |
5 | | day following the end of each quarterly period in each fiscal |
6 | | year, the Governor's Office of Management and Budget shall |
7 | | provide to the Comptroller, the Treasurer, the President and |
8 | | the Minority Leader of the Senate, and the Speaker and the |
9 | | Minority Leader of the House of Representatives a report on the |
10 | | status of all capital projects in the State. The report may be |
11 | | provided in both written and electronic format. The report must |
12 | | include all of the following: |
13 | | (1) A brief description or stated purpose of each |
14 | | capital project where applicable (as referred to in this |
15 | | Section, "project"). |
16 | | (2) The amount and source of funds (whether from bond |
17 | | funds or other revenues) appropriated for each project, |
18 | | organized into categories including roads, mass transit, |
19 | | schools, environment, civic centers and other categories |
20 | | as applicable (as referred to in this Section, "category or |
21 | | categories"), with subtotals for each category. |
22 | | (3) The date the appropriation bill relating to each |
23 | | project was signed by the Governor, organized into |
24 | | categories. |
25 | | (4) The date the written release of the Governor for |
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1 | | each project was submitted to the Comptroller or is |
2 | | projected to be submitted and, if a release for any project |
3 | | has not been submitted within 6 months after its |
4 | | appropriation became law, an explanation why the project |
5 | | has not yet been released, all organized into categories. |
6 | | (5) The amount of expenditures to date by the State |
7 | | relating to each project and estimated amount of total |
8 | | State expenditures and proposed schedule of future State |
9 | | expenditures relating to each project, all organized into |
10 | | categories. |
11 | | (6) A timeline for completion of each project, |
12 | | including the dates, if applicable, of execution by the |
13 | | State of any grant agreement, any required engineering or |
14 | | design work or environmental approvals, and the estimated |
15 | | or actual dates of the start and completion of |
16 | | construction, all organized into categories. Any |
17 | | substantial variances on any project from this reported |
18 | | timeline must be explained in the next quarterly report. |
19 | | (7) A summary report of the status of all projects, |
20 | | including the amount of undisbursed funds intended to be |
21 | | held or used in the next quarter.
|
22 | | (Source: P.A. 98-692, eff. 7-1-14.) |
23 | | Section 10-55. The Illinois Criminal Justice Information |
24 | | Act is amended by changing Section 7 as follows:
|
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1 | | (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
|
2 | | Sec. 7. Powers and Duties. The Authority shall have the |
3 | | following
powers, duties and responsibilities:
|
4 | | (a) To develop and operate comprehensive information |
5 | | systems for the
improvement and coordination of all aspects |
6 | | of law enforcement, prosecution
and corrections;
|
7 | | (b) To define, develop, evaluate and correlate State |
8 | | and local programs
and projects associated with the |
9 | | improvement of law enforcement and the
administration of |
10 | | criminal justice;
|
11 | | (c) To act as a central repository and clearing house |
12 | | for federal, state
and local research studies, plans, |
13 | | projects, proposals and other information
relating to all |
14 | | aspects of criminal justice system improvement and to |
15 | | encourage
educational programs for citizen support of |
16 | | State and local efforts to make
such improvements;
|
17 | | (d) To undertake research studies to aid in |
18 | | accomplishing its purposes;
|
19 | | (e) To monitor the operation of existing criminal |
20 | | justice information
systems in order to protect the |
21 | | constitutional rights and privacy of
individuals about |
22 | | whom criminal history record information has been |
23 | | collected;
|
24 | | (f) To provide an effective administrative forum for |
25 | | the protection of
the rights of individuals concerning |
26 | | criminal history record information;
|
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1 | | (g) To issue regulations, guidelines and procedures |
2 | | which ensure the privacy
and security of criminal history |
3 | | record information
consistent with State and federal laws;
|
4 | | (h) To act as the sole administrative appeal body in |
5 | | the State of
Illinois to conduct hearings and make final |
6 | | determinations concerning
individual challenges to the |
7 | | completeness and accuracy of criminal
history record |
8 | | information;
|
9 | | (i) To act as the sole, official, criminal justice body |
10 | | in the State of
Illinois to conduct annual and periodic |
11 | | audits of the procedures, policies,
and practices of the |
12 | | State central repositories for criminal history
record |
13 | | information to verify compliance with federal and state |
14 | | laws and
regulations governing such information;
|
15 | | (j) To advise the Authority's Statistical Analysis |
16 | | Center;
|
17 | | (k) To apply for, receive, establish priorities for, |
18 | | allocate, disburse
and spend grants of funds that are made |
19 | | available by and received on or
after January 1, 1983 from |
20 | | private sources or from the United States pursuant
to the |
21 | | federal Crime Control Act of 1973, as amended, and similar |
22 | | federal
legislation, and to enter into agreements with the |
23 | | United States government
to further the purposes of this |
24 | | Act, or as may be required as a condition
of obtaining |
25 | | federal funds;
|
26 | | (l) To receive, expend and account for such funds of |
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1 | | the State of Illinois
as may be made available to further |
2 | | the purposes of this Act;
|
3 | | (m) To enter into contracts and to cooperate with units |
4 | | of general local
government or combinations of such units, |
5 | | State agencies, and criminal justice
system agencies of |
6 | | other states for the purpose of carrying out the duties
of |
7 | | the Authority imposed by this Act or by the federal Crime |
8 | | Control Act
of 1973, as amended;
|
9 | | (n) To enter into contracts and cooperate with units of |
10 | | general local
government outside of Illinois, other |
11 | | states' agencies, and private
organizations outside of |
12 | | Illinois to provide computer software or design
that has |
13 | | been developed for the Illinois criminal justice system, or |
14 | | to
participate in the cooperative development or design of |
15 | | new software or
systems to be used by the Illinois criminal |
16 | | justice system. Revenues
received as a result of such |
17 | | arrangements shall be deposited in the
Criminal Justice |
18 | | Information Systems Trust Fund.
|
19 | | (o) To establish general policies concerning criminal |
20 | | justice information
systems and to promulgate such rules, |
21 | | regulations and procedures as are
necessary to the |
22 | | operation of the Authority and to the uniform consideration
|
23 | | of appeals and audits;
|
24 | | (p) To advise and to make recommendations to the |
25 | | Governor and the General
Assembly on policies relating to |
26 | | criminal justice information systems;
|
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1 | | (q) To direct all other agencies under the jurisdiction |
2 | | of the Governor
to provide whatever assistance and |
3 | | information the Authority may lawfully
require to carry out |
4 | | its functions;
|
5 | | (r) To exercise any other powers that are reasonable |
6 | | and necessary to
fulfill the responsibilities of the |
7 | | Authority under this Act and to comply
with the |
8 | | requirements of applicable federal law or regulation;
|
9 | | (s) To exercise the rights, powers and duties which |
10 | | have been vested
in the Authority by the "Illinois Uniform |
11 | | Conviction Information Act",
enacted by the 85th General |
12 | | Assembly, as hereafter amended;
|
13 | | (t) To exercise the rights, powers and duties which |
14 | | have been vested
in the Authority by the Illinois Motor |
15 | | Vehicle Theft Prevention Act;
|
16 | | (u) To exercise the rights, powers, and duties vested |
17 | | in the Authority by the Illinois Public Safety Agency |
18 | | Network Act; and |
19 | | (v) To provide technical assistance in the form of |
20 | | training to local governmental entities within Illinois |
21 | | requesting such assistance for the purposes of procuring |
22 | | grants for gang intervention and gang prevention programs |
23 | | or other criminal justice programs from the United States |
24 | | Department of Justice. |
25 | | The requirement for reporting to the General Assembly shall |
26 | | be satisfied
by filing copies of the report with the Speaker, |
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1 | | the Minority Leader and
the Clerk of the House of |
2 | | Representatives and the President, the Minority
Leader and the |
3 | | Secretary of the Senate and the Legislative Research
Unit, as |
4 | | required by Section 3.1 of "An Act to revise the law in |
5 | | relation
to the General Assembly", approved February 25, 1874, |
6 | | as amended, and
filing such additional copies with the State |
7 | | Government Report Distribution
Center for the General Assembly |
8 | | as is required under paragraph (t) of
Section 7 of the State |
9 | | Library Act.
|
10 | | (Source: P.A. 97-435, eff. 1-1-12.)
|
11 | | (20 ILCS 3965/Act rep.)
|
12 | | Section 10-60. The Illinois Economic Development Board Act |
13 | | is repealed. |
14 | | (20 ILCS 4065/Act rep.) |
15 | | Section 10-65. The Illinois Children's Savings Accounts |
16 | | Act is repealed. |
17 | | (20 ILCS 5000/Act rep.) |
18 | | Section 10-70. The Task Force on Inventorying Employment |
19 | | Restrictions Act is repealed.
|
20 | | (30 ILCS 375/Act rep.)
|
21 | | Section 10-75. The Local Government Debt Offering Act is |
22 | | repealed. |
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1 | | (30 ILCS 577/35-20 rep.) |
2 | | Section 10-80. The State Construction Minority and Female |
3 | | Building Trades Act is amended by repealing Section 35-20.
|
4 | | (30 ILCS 750/9-4.5 rep.)
|
5 | | (30 ILCS 750/11-4 rep.)
|
6 | | Section 10-85. The Build Illinois Act is amended by |
7 | | repealing Sections 9-4.5 and 11-4. |
8 | | Section 10-90. The Illinois Income Tax Act is amended by |
9 | | changing Section 901 as follows: |
10 | | (35 ILCS 5/901) (from Ch. 120, par. 9-901) |
11 | | Sec. 901. Collection authority. |
12 | | (a) In general. |
13 | | The Department shall collect the taxes imposed by this Act. |
14 | | The Department
shall collect certified past due child support |
15 | | amounts under Section 2505-650
of the Department of Revenue Law |
16 | | (20 ILCS 2505/2505-650). Except as
provided in subsections (c), |
17 | | (e), (f), (g), and (h) of this Section, money collected
|
18 | | pursuant to subsections (a) and (b) of Section 201 of this Act |
19 | | shall be
paid into the General Revenue Fund in the State |
20 | | treasury; money
collected pursuant to subsections (c) and (d) |
21 | | of Section 201 of this Act
shall be paid into the Personal |
22 | | Property Tax Replacement Fund, a special
fund in the State |
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1 | | Treasury; and money collected under Section 2505-650 of the
|
2 | | Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
|
3 | | into the
Child Support Enforcement Trust Fund, a special fund |
4 | | outside the State
Treasury, or
to the State
Disbursement Unit |
5 | | established under Section 10-26 of the Illinois Public Aid
|
6 | | Code, as directed by the Department of Healthcare and Family |
7 | | Services. |
8 | | (b) Local Government Distributive Fund. |
9 | | Beginning August 1, 1969, and continuing through June 30, |
10 | | 1994, the Treasurer
shall transfer each month from the General |
11 | | Revenue Fund to a special fund in
the State treasury, to be |
12 | | known as the "Local Government Distributive Fund", an
amount |
13 | | equal to 1/12 of the net revenue realized from the tax imposed |
14 | | by
subsections (a) and (b) of Section 201 of this Act during |
15 | | the preceding month.
Beginning July 1, 1994, and continuing |
16 | | through June 30, 1995, the Treasurer
shall transfer each month |
17 | | from the General Revenue Fund to the Local Government
|
18 | | Distributive Fund an amount equal to 1/11 of the net revenue |
19 | | realized from the
tax imposed by subsections (a) and (b) of |
20 | | Section 201 of this Act during the
preceding month. Beginning |
21 | | July 1, 1995 and continuing through January 31, 2011, the |
22 | | Treasurer shall transfer each
month from the General Revenue |
23 | | Fund to the Local Government Distributive Fund
an amount equal |
24 | | to the net of (i) 1/10 of the net revenue realized from the
tax |
25 | | imposed by
subsections (a) and (b) of Section 201 of the |
26 | | Illinois Income Tax Act during
the preceding month
(ii) minus, |
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1 | | beginning July 1, 2003 and ending June 30, 2004, $6,666,666, |
2 | | and
beginning July 1,
2004,
zero. Beginning February 1, 2011, |
3 | | and continuing through January 31, 2015, the Treasurer shall |
4 | | transfer each month from the General Revenue Fund to the Local |
5 | | Government Distributive Fund an amount equal to the sum of (i) |
6 | | 6% (10% of the ratio of the 3% individual income tax rate prior |
7 | | to 2011 to the 5% individual income tax rate after 2010) of the |
8 | | net revenue realized from the tax imposed by subsections (a) |
9 | | and (b) of Section 201 of this Act upon individuals, trusts, |
10 | | and estates during the preceding month and (ii) 6.86% (10% of |
11 | | the ratio of the 4.8% corporate income tax rate prior to 2011 |
12 | | to the 7% corporate income tax rate after 2010) of the net |
13 | | revenue realized from the tax imposed by subsections (a) and |
14 | | (b) of Section 201 of this Act upon corporations during the |
15 | | preceding month. Beginning February 1, 2015 and continuing |
16 | | through January 31, 2025, the Treasurer shall transfer each |
17 | | month from the General Revenue Fund to the Local Government |
18 | | Distributive Fund an amount equal to the sum of (i) 8% (10% of |
19 | | the ratio of the 3% individual income tax rate prior to 2011 to |
20 | | the 3.75% individual income tax rate after 2014) of the net |
21 | | revenue realized from the tax imposed by subsections (a) and |
22 | | (b) of Section 201 of this Act upon individuals, trusts, and |
23 | | estates during the preceding month and (ii) 9.14% (10% of the |
24 | | ratio of the 4.8% corporate income tax rate prior to 2011 to |
25 | | the 5.25% corporate income tax rate after 2014) of the net |
26 | | revenue realized from the tax imposed by subsections (a) and |
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1 | | (b) of Section 201 of this Act upon corporations during the |
2 | | preceding month. Beginning February 1, 2025, the Treasurer |
3 | | shall transfer each month from the General Revenue Fund to the |
4 | | Local Government Distributive Fund an amount equal to the sum |
5 | | of (i) 9.23% (10% of the ratio of the 3% individual income tax |
6 | | rate prior to 2011 to the 3.25% individual income tax rate |
7 | | after 2024) of the net revenue realized from the tax imposed by |
8 | | subsections (a) and (b) of Section 201 of this Act upon |
9 | | individuals, trusts, and estates during the preceding month and |
10 | | (ii) 10% of the net revenue realized from the tax imposed by |
11 | | subsections (a) and (b) of Section 201 of this Act upon |
12 | | corporations during the preceding month. Net revenue realized |
13 | | for a month shall be defined as the
revenue from the tax |
14 | | imposed by subsections (a) and (b) of Section 201 of this
Act |
15 | | which is deposited in the General Revenue Fund, the Education |
16 | | Assistance
Fund, the Income Tax Surcharge Local Government |
17 | | Distributive Fund, the Fund for the Advancement of Education, |
18 | | and the Commitment to Human Services Fund during the
month |
19 | | minus the amount paid out of the General Revenue Fund in State |
20 | | warrants
during that same month as refunds to taxpayers for |
21 | | overpayment of liability
under the tax imposed by subsections |
22 | | (a) and (b) of Section 201 of this Act. |
23 | | Beginning on August 26, 2014 (the effective date of Public |
24 | | Act 98-1052), the Comptroller shall perform the transfers |
25 | | required by this subsection (b) no later than 60 days after he |
26 | | or she receives the certification from the Treasurer as |
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1 | | provided in Section 1 of the State Revenue Sharing Act. |
2 | | (c) Deposits Into Income Tax Refund Fund. |
3 | | (1) Beginning on January 1, 1989 and thereafter, the |
4 | | Department shall
deposit a percentage of the amounts |
5 | | collected pursuant to subsections (a)
and (b)(1), (2), and |
6 | | (3), of Section 201 of this Act into a fund in the State
|
7 | | treasury known as the Income Tax Refund Fund. The |
8 | | Department shall deposit 6%
of such amounts during the |
9 | | period beginning January 1, 1989 and ending on June
30, |
10 | | 1989. Beginning with State fiscal year 1990 and for each |
11 | | fiscal year
thereafter, the percentage deposited into the |
12 | | Income Tax Refund Fund during a
fiscal year shall be the |
13 | | Annual Percentage. For fiscal years 1999 through
2001, the |
14 | | Annual Percentage shall be 7.1%.
For fiscal year 2003, the |
15 | | Annual Percentage shall be 8%.
For fiscal year 2004, the |
16 | | Annual Percentage shall be 11.7%. Upon the effective date |
17 | | of this amendatory Act of the 93rd General Assembly, the |
18 | | Annual Percentage shall be 10% for fiscal year 2005. For |
19 | | fiscal year 2006, the Annual Percentage shall be 9.75%. For |
20 | | fiscal
year 2007, the Annual Percentage shall be 9.75%. For |
21 | | fiscal year 2008, the Annual Percentage shall be 7.75%. For |
22 | | fiscal year 2009, the Annual Percentage shall be 9.75%. For |
23 | | fiscal year 2010, the Annual Percentage shall be 9.75%. For |
24 | | fiscal year 2011, the Annual Percentage shall be 8.75%. For |
25 | | fiscal year 2012, the Annual Percentage shall be 8.75%. For |
26 | | fiscal year 2013, the Annual Percentage shall be 9.75%. For |
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1 | | fiscal year 2014, the Annual Percentage shall be 9.5%. For |
2 | | fiscal year 2015, the Annual Percentage shall be 10%. For |
3 | | all other
fiscal years, the
Annual Percentage shall be |
4 | | calculated as a fraction, the numerator of which
shall be |
5 | | the amount of refunds approved for payment by the |
6 | | Department during
the preceding fiscal year as a result of |
7 | | overpayment of tax liability under
subsections (a) and |
8 | | (b)(1), (2), and (3) of Section 201 of this Act plus the
|
9 | | amount of such refunds remaining approved but unpaid at the |
10 | | end of the
preceding fiscal year, minus the amounts |
11 | | transferred into the Income Tax
Refund Fund from the |
12 | | Tobacco Settlement Recovery Fund, and
the denominator of |
13 | | which shall be the amounts which will be collected pursuant
|
14 | | to subsections (a) and (b)(1), (2), and (3) of Section 201 |
15 | | of this Act during
the preceding fiscal year; except that |
16 | | in State fiscal year 2002, the Annual
Percentage shall in |
17 | | no event exceed 7.6%. The Director of Revenue shall
certify |
18 | | the Annual Percentage to the Comptroller on the last |
19 | | business day of
the fiscal year immediately preceding the |
20 | | fiscal year for which it is to be
effective. |
21 | | (2) Beginning on January 1, 1989 and thereafter, the |
22 | | Department shall
deposit a percentage of the amounts |
23 | | collected pursuant to subsections (a)
and (b)(6), (7), and |
24 | | (8), (c) and (d) of Section 201
of this Act into a fund in |
25 | | the State treasury known as the Income Tax
Refund Fund. The |
26 | | Department shall deposit 18% of such amounts during the
|
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1 | | period beginning January 1, 1989 and ending on June 30, |
2 | | 1989. Beginning
with State fiscal year 1990 and for each |
3 | | fiscal year thereafter, the
percentage deposited into the |
4 | | Income Tax Refund Fund during a fiscal year
shall be the |
5 | | Annual Percentage. For fiscal years 1999, 2000, and 2001, |
6 | | the
Annual Percentage shall be 19%.
For fiscal year 2003, |
7 | | the Annual Percentage shall be 27%. For fiscal year
2004, |
8 | | the Annual Percentage shall be 32%.
Upon the effective date |
9 | | of this amendatory Act of the 93rd General Assembly, the |
10 | | Annual Percentage shall be 24% for fiscal year 2005.
For |
11 | | fiscal year 2006, the Annual Percentage shall be 20%. For |
12 | | fiscal
year 2007, the Annual Percentage shall be 17.5%. For |
13 | | fiscal year 2008, the Annual Percentage shall be 15.5%. For |
14 | | fiscal year 2009, the Annual Percentage shall be 17.5%. For |
15 | | fiscal year 2010, the Annual Percentage shall be 17.5%. For |
16 | | fiscal year 2011, the Annual Percentage shall be 17.5%. For |
17 | | fiscal year 2012, the Annual Percentage shall be 17.5%. For |
18 | | fiscal year 2013, the Annual Percentage shall be 14%. For |
19 | | fiscal year 2014, the Annual Percentage shall be 13.4%. For |
20 | | fiscal year 2015, the Annual Percentage shall be 14%. For |
21 | | all other fiscal years, the Annual
Percentage shall be |
22 | | calculated
as a fraction, the numerator of which shall be |
23 | | the amount of refunds
approved for payment by the |
24 | | Department during the preceding fiscal year as
a result of |
25 | | overpayment of tax liability under subsections (a) and |
26 | | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this |
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1 | | Act plus the
amount of such refunds remaining approved but |
2 | | unpaid at the end of the
preceding fiscal year, and the |
3 | | denominator of
which shall be the amounts which will be |
4 | | collected pursuant to subsections (a)
and (b)(6), (7), and |
5 | | (8), (c) and (d) of Section 201 of this Act during the
|
6 | | preceding fiscal year; except that in State fiscal year |
7 | | 2002, the Annual
Percentage shall in no event exceed 23%. |
8 | | The Director of Revenue shall
certify the Annual Percentage |
9 | | to the Comptroller on the last business day of
the fiscal |
10 | | year immediately preceding the fiscal year for which it is |
11 | | to be
effective. |
12 | | (3) The Comptroller shall order transferred and the |
13 | | Treasurer shall
transfer from the Tobacco Settlement |
14 | | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 |
15 | | in January, 2001, (ii) $35,000,000 in January, 2002, and
|
16 | | (iii) $35,000,000 in January, 2003. |
17 | | (d) Expenditures from Income Tax Refund Fund. |
18 | | (1) Beginning January 1, 1989, money in the Income Tax |
19 | | Refund Fund
shall be expended exclusively for the purpose |
20 | | of paying refunds resulting
from overpayment of tax |
21 | | liability under Section 201 of this Act , for paying
rebates |
22 | | under Section 208.1 in the event that the amounts in the |
23 | | Homeowners'
Tax Relief Fund are insufficient for that |
24 | | purpose,
and for
making transfers pursuant to this |
25 | | subsection (d). |
26 | | (2) The Director shall order payment of refunds |
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1 | | resulting from
overpayment of tax liability under Section |
2 | | 201 of this Act from the
Income Tax Refund Fund only to the |
3 | | extent that amounts collected pursuant
to Section 201 of |
4 | | this Act and transfers pursuant to this subsection (d)
and |
5 | | item (3) of subsection (c) have been deposited and retained |
6 | | in the
Fund. |
7 | | (3) As soon as possible after the end of each fiscal |
8 | | year, the Director
shall
order transferred and the State |
9 | | Treasurer and State Comptroller shall
transfer from the |
10 | | Income Tax Refund Fund to the Personal Property Tax
|
11 | | Replacement Fund an amount, certified by the Director to |
12 | | the Comptroller,
equal to the excess of the amount |
13 | | collected pursuant to subsections (c) and
(d) of Section |
14 | | 201 of this Act deposited into the Income Tax Refund Fund
|
15 | | during the fiscal year over the amount of refunds resulting |
16 | | from
overpayment of tax liability under subsections (c) and |
17 | | (d) of Section 201
of this Act paid from the Income Tax |
18 | | Refund Fund during the fiscal year. |
19 | | (4) As soon as possible after the end of each fiscal |
20 | | year, the Director shall
order transferred and the State |
21 | | Treasurer and State Comptroller shall
transfer from the |
22 | | Personal Property Tax Replacement Fund to the Income Tax
|
23 | | Refund Fund an amount, certified by the Director to the |
24 | | Comptroller, equal
to the excess of the amount of refunds |
25 | | resulting from overpayment of tax
liability under |
26 | | subsections (c) and (d) of Section 201 of this Act paid
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1 | | from the Income Tax Refund Fund during the fiscal year over |
2 | | the amount
collected pursuant to subsections (c) and (d) of |
3 | | Section 201 of this Act
deposited into the Income Tax |
4 | | Refund Fund during the fiscal year. |
5 | | (4.5) As soon as possible after the end of fiscal year |
6 | | 1999 and of each
fiscal year
thereafter, the Director shall |
7 | | order transferred and the State Treasurer and
State |
8 | | Comptroller shall transfer from the Income Tax Refund Fund |
9 | | to the General
Revenue Fund any surplus remaining in the |
10 | | Income Tax Refund Fund as of the end
of such fiscal year; |
11 | | excluding for fiscal years 2000, 2001, and 2002
amounts |
12 | | attributable to transfers under item (3) of subsection (c) |
13 | | less refunds
resulting from the earned income tax credit. |
14 | | (5) This Act shall constitute an irrevocable and |
15 | | continuing
appropriation from the Income Tax Refund Fund |
16 | | for the purpose of paying
refunds upon the order of the |
17 | | Director in accordance with the provisions of
this Section. |
18 | | (e) Deposits into the Education Assistance Fund and the |
19 | | Income Tax
Surcharge Local Government Distributive Fund. |
20 | | On July 1, 1991, and thereafter, of the amounts collected |
21 | | pursuant to
subsections (a) and (b) of Section 201 of this Act, |
22 | | minus deposits into the
Income Tax Refund Fund, the Department |
23 | | shall deposit 7.3% into the
Education Assistance Fund in the |
24 | | State Treasury. Beginning July 1, 1991,
and continuing through |
25 | | January 31, 1993, of the amounts collected pursuant to
|
26 | | subsections (a) and (b) of Section 201 of the Illinois Income |
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1 | | Tax Act, minus
deposits into the Income Tax Refund Fund, the |
2 | | Department shall deposit 3.0%
into the Income Tax Surcharge |
3 | | Local Government Distributive Fund in the State
Treasury. |
4 | | Beginning February 1, 1993 and continuing through June 30, |
5 | | 1993, of
the amounts collected pursuant to subsections (a) and |
6 | | (b) of Section 201 of the
Illinois Income Tax Act, minus |
7 | | deposits into the Income Tax Refund Fund, the
Department shall |
8 | | deposit 4.4% into the Income Tax Surcharge Local Government
|
9 | | Distributive Fund in the State Treasury. Beginning July 1, |
10 | | 1993, and
continuing through June 30, 1994, of the amounts |
11 | | collected under subsections
(a) and (b) of Section 201 of this |
12 | | Act, minus deposits into the Income Tax
Refund Fund, the |
13 | | Department shall deposit 1.475% into the Income Tax Surcharge
|
14 | | Local Government Distributive Fund in the State Treasury. |
15 | | (f) Deposits into the Fund for the Advancement of |
16 | | Education. Beginning February 1, 2015, the Department shall |
17 | | deposit the following portions of the revenue realized from the |
18 | | tax imposed upon individuals, trusts, and estates by |
19 | | subsections (a) and (b) of Section 201 of this Act during the |
20 | | preceding month, minus deposits into the Income Tax Refund |
21 | | Fund, into the Fund for the Advancement of Education: |
22 | | (1) beginning February 1, 2015, and prior to February |
23 | | 1, 2025, 1/30; and |
24 | | (2) beginning February 1, 2025, 1/26. |
25 | | If the rate of tax imposed by subsection (a) and (b) of |
26 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
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1 | | the Department shall not make the deposits required by this |
2 | | subsection (f) on or after the effective date of the reduction. |
3 | | (g) Deposits into the Commitment to Human Services Fund. |
4 | | Beginning February 1, 2015, the Department shall deposit the |
5 | | following portions of the revenue realized from the tax imposed |
6 | | upon individuals, trusts, and estates by subsections (a) and |
7 | | (b) of Section 201 of this Act during the preceding month, |
8 | | minus deposits into the Income Tax Refund Fund, into the |
9 | | Commitment to Human Services Fund: |
10 | | (1) beginning February 1, 2015, and prior to February |
11 | | 1, 2025, 1/30; and |
12 | | (2) beginning February 1, 2025, 1/26. |
13 | | If the rate of tax imposed by subsection (a) and (b) of |
14 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
15 | | the Department shall not make the deposits required by this |
16 | | subsection (g) on or after the effective date of the reduction. |
17 | | (h) Deposits into the Tax Compliance and Administration |
18 | | Fund. Beginning on the first day of the first calendar month to |
19 | | occur on or after August 26, 2014 (the effective date of Public |
20 | | Act 98-1098), each month the Department shall pay into the Tax |
21 | | Compliance and Administration Fund, to be used, subject to |
22 | | appropriation, to fund additional auditors and compliance |
23 | | personnel at the Department, an amount equal to 1/12 of 5% of |
24 | | the cash receipts collected during the preceding fiscal year by |
25 | | the Audit Bureau of the Department from the tax imposed by |
26 | | subsections (a), (b), (c), and (d) of Section 201 of this Act, |
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1 | | net of deposits into the Income Tax Refund Fund made from those |
2 | | cash receipts. |
3 | | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; |
4 | | 98-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff. |
5 | | 7-20-15.) |
6 | | Section 10-95. The Property Tax Code is amended by changing |
7 | | Section 20-15 as follows:
|
8 | | (35 ILCS 200/20-15)
|
9 | | Sec. 20-15. Information on bill or separate statement. |
10 | | There shall be
printed on each bill, or on a separate slip |
11 | | which shall be mailed with the
bill:
|
12 | | (a) a statement itemizing the rate at which taxes have |
13 | | been extended for
each of the taxing districts in the |
14 | | county in whose district the property is
located, and in |
15 | | those counties utilizing
electronic data processing |
16 | | equipment the dollar amount of tax due from the
person |
17 | | assessed allocable to each of those taxing districts, |
18 | | including a
separate statement of the dollar amount of tax |
19 | | due which is allocable to a tax
levied under the Illinois |
20 | | Local Library Act or to any other tax levied by a
|
21 | | municipality or township for public library purposes,
|
22 | | (b) a separate statement for each of the taxing |
23 | | districts of the dollar
amount of tax due which is |
24 | | allocable to a tax levied under the Illinois Pension
Code |
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1 | | or to any other tax levied by a municipality or township |
2 | | for public
pension or retirement purposes,
|
3 | | (c) the total tax rate,
|
4 | | (d) the total amount of tax due, and
|
5 | | (e) the amount by which the total tax and the tax |
6 | | allocable to each taxing
district differs from the |
7 | | taxpayer's last prior tax bill.
|
8 | | The county treasurer shall ensure that only those taxing |
9 | | districts in
which a parcel of property is located shall be |
10 | | listed on the bill for that
property.
|
11 | | In all counties the statement shall also provide:
|
12 | | (1) the property index number or other suitable |
13 | | description,
|
14 | | (2) the assessment of the property,
|
15 | | (3) the statutory amount of each homestead exemption |
16 | | applied to the property, |
17 | | (4) the assessed value of the property after |
18 | | application of all homestead exemptions,
|
19 | | (5) the equalization factors imposed by the county and |
20 | | by the Department,
and
|
21 | | (6) the equalized assessment resulting from the |
22 | | application of the
equalization factors to the basic |
23 | | assessment.
|
24 | | In all counties which do not classify property for purposes |
25 | | of taxation, for
property on which a single family residence is |
26 | | situated the statement shall
also include a statement to |
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1 | | reflect the fair cash value determined for the
property. In all |
2 | | counties which classify property for purposes of taxation in
|
3 | | accordance with Section 4 of Article IX of the Illinois |
4 | | Constitution, for
parcels of residential property in the lowest |
5 | | assessment classification the
statement shall also include a |
6 | | statement to reflect the fair cash value
determined for the |
7 | | property.
|
8 | | In all counties, the statement must include information |
9 | | that certain
taxpayers may be eligible for tax exemptions, |
10 | | abatements, and other assistance programs and that, for more |
11 | | information, taxpayers should consult with the office of their |
12 | | township or county assessor and with the Illinois Department of |
13 | | Revenue.
|
14 | | In all counties, the statement shall include information |
15 | | that certain
taxpayers may be eligible for the Senior Citizens |
16 | | and Persons with Disabilities Property
Tax Relief Act and that |
17 | | applications are
available from the Illinois Department on |
18 | | Aging.
|
19 | | In counties which use the estimated or accelerated billing |
20 | | methods, these
statements shall only be provided with the final |
21 | | installment of taxes due. The
provisions of this Section create |
22 | | a mandatory statutory duty. They are not
merely directory or |
23 | | discretionary. The failure or neglect of the collector to
mail |
24 | | the bill, or the failure of the taxpayer to receive the bill, |
25 | | shall not
affect the validity of any tax, or the liability for |
26 | | the payment of any tax.
|
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1 | | (Source: P.A. 98-93, eff. 7-16-13; 99-143, eff. 7-27-15.)
|
2 | | Section 10-100. The Illinois Public Safety Agency Network |
3 | | Act is amended by changing Section 5 as follows: |
4 | | (50 ILCS 752/5)
|
5 | | Sec. 5. Definitions. As used in this Act, unless the |
6 | | context requires otherwise: |
7 | | "ALECS" means the Automated Law Enforcement Communications |
8 | | System. |
9 | | "ALERTS" means the Area-wide Law Enforcement Radio |
10 | | Terminal System. |
11 | | "Authority" means the Illinois Criminal Justice |
12 | | Information Authority. |
13 | | "Board" means the Board of Directors of Illinois Public |
14 | | Safety Agency Network, Inc. |
15 | | "IPSAN" or "Partnership" means Illinois Public Safety |
16 | | Agency Network, Inc., the not-for-profit
entity incorporated |
17 | | as provided in this Act. |
18 | | "PIMS" means the Police Information Management System. |
19 | | "Trust Fund" means the Criminal Justice Information |
20 | | Systems Trust Fund.
|
21 | | (Source: P.A. 94-896, eff. 7-1-06.)
|
22 | | (70 ILCS 210/22.1 rep.)
|
23 | | Section 10-105. The Metropolitan Pier and Exposition |
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1 | | Authority Act is amended by repealing Section 22.1. |
2 | | (235 ILCS 5/Art. XII rep.) |
3 | | Section 10-110. The Liquor Control Act of 1934 is amended |
4 | | by repealing Article XII.
|
5 | | (310 ILCS 5/42 rep.)
|
6 | | (310 ILCS 5/43 rep.)
|
7 | | (310 ILCS 5/44 rep.)
|
8 | | Section 10-115. The State Housing Act is amended by |
9 | | repealing Sections 42, 43, and 44.
|
10 | | (310 ILCS 20/3b rep.)
|
11 | | Section 10-120. The Housing Development and Construction |
12 | | Act is amended by repealing Section 3b.
|
13 | | (310 ILCS 30/2 rep.)
|
14 | | Section 10-125. The Redevelopment Project Rehousing and |
15 | | Capital Improvements Act is amended by repealing Section 2.
|
16 | | (310 ILCS 55/Act rep.)
|
17 | | Section 10-130. The Home Ownership Made Easy Act is |
18 | | repealed.
|
19 | | (310 ILCS 65/16 rep.)
|
20 | | Section 10-135. The Illinois Affordable Housing Act is |
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1 | | amended by repealing Section 16.
|
2 | | (315 ILCS 5/Act rep.)
|
3 | | Section 10-140. The Blighted Areas Redevelopment Act of |
4 | | 1947 is repealed. |
5 | | Section 10-145. The Blighted Vacant Areas Development Act |
6 | | of 1949 is amended by changing Section 6 as follows:
|
7 | | (315 ILCS 10/6) (from Ch. 67 1/2, par. 91.6)
|
8 | | Sec. 6. Sale of land. After title to the site is vested in |
9 | | the
State of Illinois, the State of Illinois, acting through |
10 | | the Governor
and the Secretary of State, shall sign, seal, and |
11 | | deliver a deed
conveying the site to the developer or his |
12 | | heirs, legatees, successors
or assigns, in consideration of the |
13 | | offer of the developer, provided
that:
|
14 | | (a) The plans of development have been approved by the |
15 | | corporate
authorities of the municipality in which the site is |
16 | | located, or by the
corporate authorities of the county where |
17 | | the site is located in an
unincorporated area.
|
18 | | (b) (Blank). The developer has satisfied the Department |
19 | | that the completion
of development will be accomplished within |
20 | | a reasonable time after title
to the site has been acquired |
21 | | from the State of Illinois by depositing
bond with surety to be |
22 | | approved by the Department, or making a cash
deposit, in either |
23 | | case in such amount as shall be deemed adequate by
the |
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1 | | Department. Such bonds shall designate the People of the State |
2 | | of
Illinois as obligee thereunder and the developer as obligor |
3 | | thereon, and
shall be conditioned upon completion of |
4 | | development by the developer in
accordance with the plans of |
5 | | development, or such revisions therein as
may be approved by |
6 | | the Department, within a period to be specified by
the |
7 | | Department or any subsequent extension of this period by the
|
8 | | Department.
|
9 | | Such bond shall be in substantially the following form: |
10 | | "We, A.B., C.D., and
E.F., of the County of .... and State of |
11 | | Illinois, as principals, and .... as
surety, are obligated to |
12 | | the People of the State of Illinois in the penal sum
of $...., |
13 | | lawful money of the United States, for the payment of which we
|
14 | | and each of us obligate ourselves and our heirs, executors, |
15 | | administrators and
assigns jointly.
|
16 | | The condition of this bond is such that if the above stated |
17 | | A.B., C.D.,
and E.F., shall complete development of a site |
18 | | located
at .... in accordance with plans of development |
19 | | submitted to the
Department on (insert date), or in accordance
|
20 | | with such revisions of such plans of development as may |
21 | | hereafter be
approved by the Department, such completion
of |
22 | | development to be within a period of .... years, or any |
23 | | subsequent
extension of this period by the Department,
then |
24 | | this obligation is void; otherwise it remains in full force and
|
25 | | effect.
|
26 | | Dated (insert date).
|
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1 | | Signature of A.B. ___________
|
2 | | Signature of C.D. ___________
|
3 | | Signature of E.F. ___________"
|
4 | | The bond shall be signed by the principals and sureties
and |
5 | | after approval by the Department shall be filed and recorded by |
6 | | the
Department.
|
7 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
8 | | (315 ILCS 10/4 rep.)
|
9 | | Section 10-150. The Blighted Vacant Areas Development Act |
10 | | of 1949 is amended by repealing Section 4.
|
11 | | (315 ILCS 25/Act rep.)
|
12 | | Section 10-155. The Urban Community Conservation Act is |
13 | | repealed.
|
14 | | (315 ILCS 30/Act rep.)
|
15 | | Section 10-160. The Urban Renewal Consolidation Act of 1961 |
16 | | is repealed. |
17 | | (315 ILCS 35/Act rep.) |
18 | | Section 10-165. The Urban Flooding Awareness Act is |
19 | | repealed. |
20 | | Section 10-170. The Older Adult Services Act is amended by |
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1 | | changing Section 35 as follows: |
2 | | (320 ILCS 42/35)
|
3 | | Sec. 35. Older Adult Services Advisory Committee. |
4 | | (a) The Older Adult Services Advisory Committee is created |
5 | | to advise the directors of Aging, Healthcare and Family |
6 | | Services, and Public Health on all matters related to this Act |
7 | | and the delivery of services to older adults in general.
|
8 | | (b) The Advisory Committee shall be comprised of the |
9 | | following:
|
10 | | (1) The Director of Aging or his or her designee, who |
11 | | shall serve as chair and shall be an ex officio and |
12 | | nonvoting member.
|
13 | | (2) The Director of Healthcare and Family Services and |
14 | | the Director of Public Health or their designees, who shall |
15 | | serve as vice-chairs and shall be ex officio and nonvoting |
16 | | members.
|
17 | | (3) One representative each of the Governor's Office, |
18 | | the Department of Healthcare and Family Services, the |
19 | | Department of Public Health, the Department of Veterans' |
20 | | Affairs, the Department of Human Services, the Department |
21 | | of Insurance, the Department of Commerce and Economic |
22 | | Opportunity, the Department on Aging, the Department on |
23 | | Aging's State Long Term Care Ombudsman, the Illinois |
24 | | Housing Finance Authority, and the Illinois Housing |
25 | | Development Authority, each of whom shall be selected by |
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1 | | his or her respective director and shall be an ex officio |
2 | | and nonvoting member.
|
3 | | (4) Thirty members appointed by the Director of Aging |
4 | | in collaboration with the directors of Public Health and |
5 | | Healthcare and Family Services, and selected from the |
6 | | recommendations of statewide associations and |
7 | | organizations, as follows:
|
8 | | (A) One member representing the Area Agencies on |
9 | | Aging;
|
10 | | (B) Four members representing nursing homes or |
11 | | licensed assisted living establishments;
|
12 | | (C) One member representing home health agencies;
|
13 | | (D) One member representing case management |
14 | | services;
|
15 | | (E) One member representing statewide senior |
16 | | center associations;
|
17 | | (F) One member representing Community Care Program |
18 | | homemaker services;
|
19 | | (G) One member representing Community Care Program |
20 | | adult day services;
|
21 | | (H) One member representing nutrition project |
22 | | directors;
|
23 | | (I) One member representing hospice programs;
|
24 | | (J) One member representing individuals with |
25 | | Alzheimer's disease and related dementias;
|
26 | | (K) Two members representing statewide trade or |
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1 | | labor unions;
|
2 | | (L) One advanced practice nurse with experience in |
3 | | gerontological nursing;
|
4 | | (M) One physician specializing in gerontology;
|
5 | | (N) One member representing regional long-term |
6 | | care ombudsmen;
|
7 | | (O) One member representing municipal, township, |
8 | | or county officials;
|
9 | | (P) (Blank);
|
10 | | (Q) (Blank);
|
11 | | (R) One member representing the parish nurse |
12 | | movement;
|
13 | | (S) One member representing pharmacists;
|
14 | | (T) Two members representing statewide |
15 | | organizations engaging in advocacy or legal |
16 | | representation on behalf of the senior population;
|
17 | | (U) Two family caregivers;
|
18 | | (V) Two citizen members over the age of 60;
|
19 | | (W) One citizen with knowledge in the area of |
20 | | gerontology research or health care law;
|
21 | | (X) One representative of health care facilities |
22 | | licensed under the Hospital Licensing Act; and
|
23 | | (Y) One representative of primary care service |
24 | | providers. |
25 | | The Director of Aging, in collaboration with the Directors |
26 | | of Public Health and Healthcare and Family Services, may |
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1 | | appoint additional citizen members to the Older Adult Services |
2 | | Advisory Committee. Each such additional member must be either |
3 | | an individual age 60 or older or an uncompensated caregiver for |
4 | | a family member or friend who is age 60 or older.
|
5 | | (c) Voting members of the Advisory Committee shall serve |
6 | | for a term of 3 years or until a replacement is named. All |
7 | | members shall be appointed no later than January 1, 2005. Of |
8 | | the initial appointees, as determined by lot, 10 members shall |
9 | | serve a term of one year; 10 shall serve for a term of 2 years; |
10 | | and 12 shall serve for a term of 3 years. Any member appointed |
11 | | to fill a vacancy occurring prior to the expiration of the term |
12 | | for which his or her predecessor was appointed shall be |
13 | | appointed for the remainder of that term. The Advisory |
14 | | Committee shall meet at least quarterly and may meet more |
15 | | frequently at the call of the Chair. A simple majority of those |
16 | | appointed shall constitute a quorum. The affirmative vote of a |
17 | | majority of those present and voting shall be necessary for |
18 | | Advisory Committee action. Members of the Advisory Committee |
19 | | shall receive no compensation for their services.
|
20 | | (d) The Advisory Committee shall have an Executive |
21 | | Committee comprised of the Chair, the Vice Chairs, and up to 15 |
22 | | members of the Advisory Committee appointed by the Chair who |
23 | | have demonstrated expertise in developing, implementing, or |
24 | | coordinating the system restructuring initiatives defined in |
25 | | Section 25. The Executive Committee shall have responsibility |
26 | | to oversee and structure the operations of the Advisory |
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1 | | Committee and to create and appoint necessary subcommittees and |
2 | | subcommittee members.
|
3 | | (e) The Advisory Committee shall study and make |
4 | | recommendations related to the implementation of this Act, |
5 | | including but not limited to system restructuring initiatives |
6 | | as defined in Section 25 or otherwise related to this Act.
|
7 | | (Source: P.A. 95-331, eff. 8-21-07; 96-916, eff. 6-9-10.)
|
8 | | (325 ILCS 25/Act rep.)
|
9 | | Section 10-175. The High Risk Youth Career Development Act |
10 | | is repealed. |
11 | | (410 ILCS 48/25 rep.) |
12 | | (410 ILCS 48/30 rep.) |
13 | | Section 10-180. The Brominated Fire Retardant Prevention |
14 | | Act is amended by repealing Sections 25 and 30. |
15 | | Section 10-185. The Environmental Protection Act is |
16 | | amended by changing Sections 21.6, 22.15, 22.23, 22.28, 22.29, |
17 | | 55, and 55.6 as follows:
|
18 | | (415 ILCS 5/21.6) (from Ch. 111 1/2, par. 1021.6)
|
19 | | Sec. 21.6. Materials disposal ban.
|
20 | | (a) Beginning July 1, 1996, no person may knowingly mix |
21 | | liquid used oil
with any municipal waste that is intended for |
22 | | collection and disposal at a
landfill.
|
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1 | | (b) Beginning July 1, 1996, no owner or operator of a |
2 | | sanitary landfill
shall accept for final disposal liquid used |
3 | | oil that
is discernible in the course of prudent business |
4 | | operation.
|
5 | | (c) For purposes of this Section, "liquid used oil" does |
6 | | not
include used oil filters, rags, absorbent material used to |
7 | | collect spilled oil
or other materials incidentally |
8 | | contaminated with used oil, or empty containers
which |
9 | | previously contained virgin oil, re-refined oil, or used oil.
|
10 | | (d) (Blank). The Agency and the Department of Commerce and |
11 | | Economic Opportunity
shall investigate the manner in which |
12 | | liquid used oil is currently being
utilized and potential |
13 | | prospects for future use.
|
14 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
15 | | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
|
16 | | Sec. 22.15. Solid Waste Management Fund; fees.
|
17 | | (a) There is hereby created within the State Treasury a
|
18 | | special fund to be known as the "Solid Waste Management Fund", |
19 | | to be
constituted from the fees collected by the State pursuant |
20 | | to this Section
and from repayments of loans made from the Fund |
21 | | for solid waste projects.
Moneys received by the Department of |
22 | | Commerce and Economic Opportunity
in repayment of loans made |
23 | | pursuant to the Illinois Solid Waste Management
Act shall be |
24 | | deposited into the General Revenue Fund.
|
25 | | (b) The Agency shall assess and collect a
fee in the amount |
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1 | | set forth herein from the owner or operator of each sanitary
|
2 | | landfill permitted or required to be permitted by the Agency to |
3 | | dispose of
solid waste if the sanitary landfill is located off |
4 | | the site where such waste
was produced and if such sanitary |
5 | | landfill is owned, controlled, and operated
by a person other |
6 | | than the generator of such waste. The Agency shall deposit
all |
7 | | fees collected into the Solid Waste Management Fund. If a site |
8 | | is
contiguous to one or more landfills owned or operated by the |
9 | | same person, the
volumes permanently disposed of by each |
10 | | landfill shall be combined for purposes
of determining the fee |
11 | | under this subsection.
|
12 | | (1) If more than 150,000 cubic yards of non-hazardous |
13 | | solid waste is
permanently disposed of at a site in a |
14 | | calendar year, the owner or operator
shall either pay a fee |
15 | | of 95 cents per cubic yard or,
alternatively, the owner or |
16 | | operator may weigh the quantity of the solid waste
|
17 | | permanently disposed of with a device for which |
18 | | certification has been obtained
under the Weights and |
19 | | Measures Act and pay a fee of $2.00 per
ton of solid waste |
20 | | permanently disposed of. In no case shall the fee collected
|
21 | | or paid by the owner or operator under this paragraph |
22 | | exceed $1.55 per cubic yard or $3.27 per ton.
|
23 | | (2) If more than 100,000 cubic yards but not more than |
24 | | 150,000 cubic
yards of non-hazardous waste is permanently |
25 | | disposed of at a site in a calendar
year, the owner or |
26 | | operator shall pay a fee of $52,630.
|
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1 | | (3) If more than 50,000 cubic yards but not more than |
2 | | 100,000 cubic
yards of non-hazardous solid waste is |
3 | | permanently disposed of at a site
in a calendar year, the |
4 | | owner or operator shall pay a fee of $23,790.
|
5 | | (4) If more than 10,000 cubic yards but not more than |
6 | | 50,000 cubic
yards of non-hazardous solid waste is |
7 | | permanently disposed of at a site
in a calendar year, the |
8 | | owner or operator shall pay a fee of $7,260.
|
9 | | (5) If not more than 10,000 cubic yards of |
10 | | non-hazardous solid waste is
permanently disposed of at a |
11 | | site in a calendar year, the owner or operator
shall pay a |
12 | | fee of $1050.
|
13 | | (c) (Blank).
|
14 | | (d) The Agency shall establish rules relating to the |
15 | | collection of the
fees authorized by this Section. Such rules |
16 | | shall include, but not be
limited to:
|
17 | | (1) necessary records identifying the quantities of |
18 | | solid waste received
or disposed;
|
19 | | (2) the form and submission of reports to accompany the |
20 | | payment of fees
to the Agency;
|
21 | | (3) the time and manner of payment of fees to the |
22 | | Agency, which payments
shall not be more often than |
23 | | quarterly; and
|
24 | | (4) procedures setting forth criteria establishing |
25 | | when an owner or
operator may measure by weight or volume |
26 | | during any given quarter or other
fee payment period.
|
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1 | | (e) Pursuant to appropriation, all monies in the Solid |
2 | | Waste Management
Fund shall be used by the Agency and the |
3 | | Department of Commerce and Economic Opportunity for the |
4 | | purposes set forth in this Section and in the Illinois
Solid |
5 | | Waste Management Act, including for the costs of fee collection |
6 | | and
administration.
|
7 | | (f) The Agency is authorized to enter into such agreements |
8 | | and to
promulgate such rules as are necessary to carry out its |
9 | | duties under this
Section and the Illinois Solid Waste |
10 | | Management Act.
|
11 | | (g) On the first day of January, April, July, and October |
12 | | of each year,
beginning on July 1, 1996, the State Comptroller |
13 | | and Treasurer shall
transfer $500,000 from the Solid Waste |
14 | | Management Fund to the Hazardous Waste
Fund. Moneys transferred |
15 | | under this subsection (g) shall be used only for the
purposes |
16 | | set forth in item (1) of subsection (d) of Section 22.2.
|
17 | | (h) The Agency is authorized to provide financial |
18 | | assistance to units of
local government for the performance of |
19 | | inspecting, investigating and
enforcement activities pursuant |
20 | | to Section 4(r) at nonhazardous solid
waste disposal sites.
|
21 | | (i) The Agency is authorized to support the operations of |
22 | | an industrial
materials exchange service, and to conduct |
23 | | household waste collection and
disposal programs.
|
24 | | (j) A unit of local government, as defined in the Local |
25 | | Solid Waste Disposal
Act, in which a solid waste disposal |
26 | | facility is located may establish a fee,
tax, or surcharge with |
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1 | | regard to the permanent disposal of solid waste.
All fees, |
2 | | taxes, and surcharges collected under this subsection shall be
|
3 | | utilized for solid waste management purposes, including |
4 | | long-term monitoring
and maintenance of landfills, planning, |
5 | | implementation, inspection, enforcement
and other activities |
6 | | consistent with the Solid Waste Management Act and the
Local |
7 | | Solid Waste Disposal Act, or for any other environment-related |
8 | | purpose,
including but not limited to an environment-related |
9 | | public works project, but
not for the construction of a new |
10 | | pollution control facility other than a
household hazardous |
11 | | waste facility. However, the total fee, tax or surcharge
|
12 | | imposed by all units of local government under this subsection |
13 | | (j) upon the
solid waste disposal facility shall not exceed:
|
14 | | (1) 60¢ per cubic yard if more than 150,000 cubic yards |
15 | | of non-hazardous
solid waste is permanently disposed of at |
16 | | the site in a calendar year, unless
the owner or operator |
17 | | weighs the quantity of the solid waste received with a
|
18 | | device for which certification has been obtained under the |
19 | | Weights and Measures
Act, in which case the fee shall not |
20 | | exceed $1.27 per ton of solid waste
permanently disposed |
21 | | of.
|
22 | | (2) $33,350 if more than 100,000
cubic yards, but not |
23 | | more than 150,000 cubic yards, of non-hazardous waste
is |
24 | | permanently disposed of at the site in a calendar year.
|
25 | | (3) $15,500 if more than 50,000 cubic
yards, but not |
26 | | more than 100,000 cubic yards, of non-hazardous solid waste |
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1 | | is
permanently disposed of at the site in a calendar year.
|
2 | | (4) $4,650 if more than 10,000 cubic
yards, but not |
3 | | more than 50,000 cubic yards, of non-hazardous solid waste
|
4 | | is permanently disposed of at the site in a calendar year.
|
5 | | (5) $$650 if not more than 10,000 cubic
yards of |
6 | | non-hazardous solid waste is permanently disposed of at the |
7 | | site in
a calendar year.
|
8 | | The corporate authorities of the unit of local government
|
9 | | may use proceeds from the fee, tax, or surcharge to reimburse a |
10 | | highway
commissioner whose road district lies wholly or |
11 | | partially within the
corporate limits of the unit of local |
12 | | government for expenses incurred in
the removal of |
13 | | nonhazardous, nonfluid municipal waste that has been dumped
on |
14 | | public property in violation of a State law or local ordinance.
|
15 | | A county or Municipal Joint Action Agency that imposes a |
16 | | fee, tax, or
surcharge under this subsection may use the |
17 | | proceeds thereof to reimburse a
municipality that lies wholly |
18 | | or partially within its boundaries for expenses
incurred in the |
19 | | removal of nonhazardous, nonfluid municipal waste that has been
|
20 | | dumped on public property in violation of a State law or local |
21 | | ordinance.
|
22 | | If the fees are to be used to conduct a local sanitary |
23 | | landfill
inspection or enforcement program, the unit of local |
24 | | government must enter
into a written delegation agreement with |
25 | | the Agency pursuant to subsection
(r) of Section 4. The unit of |
26 | | local government and the Agency shall enter
into such a written |
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1 | | delegation agreement within 60 days after the
establishment of |
2 | | such fees. At least annually,
the Agency shall conduct an audit |
3 | | of the expenditures made by units of local
government from the |
4 | | funds granted by the Agency to the units of local
government |
5 | | for purposes of local sanitary landfill inspection and |
6 | | enforcement
programs, to ensure that the funds have been |
7 | | expended for the prescribed
purposes under the grant.
|
8 | | The fees, taxes or surcharges collected under this |
9 | | subsection (j) shall
be placed by the unit of local government |
10 | | in a separate fund, and the
interest received on the moneys in |
11 | | the fund shall be credited to the fund. The
monies in the fund |
12 | | may be accumulated over a period of years to be
expended in |
13 | | accordance with this subsection.
|
14 | | A unit of local government, as defined in the Local Solid |
15 | | Waste Disposal
Act, shall prepare and distribute to the Agency, |
16 | | in April of each year, a
report that details spending plans for |
17 | | monies collected in accordance with
this subsection. The report |
18 | | will at a minimum include the following:
|
19 | | (1) The total monies collected pursuant to this |
20 | | subsection.
|
21 | | (2) The most current balance of monies collected |
22 | | pursuant to this
subsection.
|
23 | | (3) An itemized accounting of all monies expended for |
24 | | the previous year
pursuant to this subsection.
|
25 | | (4) An estimation of monies to be collected for the |
26 | | following 3
years pursuant to this subsection.
|
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1 | | (5) A narrative detailing the general direction and |
2 | | scope of future
expenditures for one, 2 and 3 years.
|
3 | | The exemptions granted under Sections 22.16 and 22.16a, and |
4 | | under
subsection (k) of this Section, shall be applicable to |
5 | | any fee,
tax or surcharge imposed under this subsection (j); |
6 | | except that the fee,
tax or surcharge authorized to be imposed |
7 | | under this subsection (j) may be
made applicable by a unit of |
8 | | local government to the permanent disposal of
solid waste after |
9 | | December 31, 1986, under any contract lawfully executed
before |
10 | | June 1, 1986 under which more than 150,000 cubic yards (or |
11 | | 50,000 tons)
of solid waste is to be permanently disposed of, |
12 | | even though the waste is
exempt from the fee imposed by the |
13 | | State under subsection (b) of this Section
pursuant to an |
14 | | exemption granted under Section 22.16.
|
15 | | (k) In accordance with the findings and purposes of the |
16 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 |
17 | | the fee under subsection
(b) and the fee, tax or surcharge |
18 | | under subsection (j) shall not apply to:
|
19 | | (1) Waste which is hazardous waste; or
|
20 | | (2) Waste which is pollution control waste; or
|
21 | | (3) Waste from recycling, reclamation or reuse |
22 | | processes which have been
approved by the Agency as being |
23 | | designed to remove any contaminant from
wastes so as to |
24 | | render such wastes reusable, provided that the process
|
25 | | renders at least 50% of the waste reusable; or
|
26 | | (4) Non-hazardous solid waste that is received at a |
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1 | | sanitary landfill
and composted or recycled through a |
2 | | process permitted by the Agency; or
|
3 | | (5) Any landfill which is permitted by the Agency to |
4 | | receive only
demolition or construction debris or |
5 | | landscape waste.
|
6 | | (Source: P.A. 97-333, eff. 8-12-11.)
|
7 | | (415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)
|
8 | | Sec. 22.23. Batteries.
|
9 | | (a) Beginning September 1, 1990, any person selling |
10 | | lead-acid batteries at
retail or offering lead-acid batteries |
11 | | for retail sale in this State shall:
|
12 | | (1) accept for recycling used lead-acid batteries from |
13 | | customers, at the
point of transfer, in a quantity equal to |
14 | | the number of new
batteries purchased; and
|
15 | | (2) post in a conspicuous place a written notice at |
16 | | least 8.5 by 11
inches in size that includes the universal |
17 | | recycling symbol and the
following statements: "DO NOT put |
18 | | motor vehicle batteries in the trash.";
"Recycle your used |
19 | | batteries."; and "State law requires us to accept motor
|
20 | | vehicle batteries for recycling, in exchange for new |
21 | | batteries purchased.".
|
22 | | (b) Any person selling lead-acid batteries at retail in |
23 | | this State may
either charge a recycling fee on each new |
24 | | lead-acid battery sold
for which the customer does not return a |
25 | | used battery to the retailer, or
provide a recycling credit to |
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1 | | each customer who returns a used battery for
recycling at the |
2 | | time of purchasing a new one.
|
3 | | (c) Beginning September 1, 1990, no lead-acid battery |
4 | | retailer
may dispose of a used lead-acid
battery except by |
5 | | delivering it (1) to a battery wholesaler or its agent,
(2) to |
6 | | a battery manufacturer, (3) to a collection or recycling |
7 | | facility,
or (4) to a secondary lead smelter permitted by |
8 | | either a state or federal
environmental agency.
|
9 | | (d) Any person selling lead-acid batteries at wholesale or |
10 | | offering
lead-acid batteries for sale at wholesale shall accept |
11 | | for recycling used
lead-acid batteries from customers, at the |
12 | | point of transfer,
in a quantity equal to the number of new |
13 | | batteries purchased.
Such used batteries shall be disposed of |
14 | | as provided in subsection (c).
|
15 | | (e) A person who accepts used lead-acid batteries for |
16 | | recycling pursuant
to subsection (a) or (d) shall not allow |
17 | | such batteries to accumulate for
periods of more than 90 days.
|
18 | | (f) Beginning September 1, 1990, no person may knowingly |
19 | | cause or allow:
|
20 | | (1) the placing of a lead-acid battery into any |
21 | | container intended for
collection and disposal at a |
22 | | municipal waste sanitary landfill; or
|
23 | | (2) the disposal of any lead-acid battery in any |
24 | | municipal waste
sanitary landfill or incinerator.
|
25 | | (g) (Blank). The Department of Commerce and Economic |
26 | | Opportunity shall identify and
assist in developing |
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1 | | alternative processing and recycling options for used
|
2 | | batteries.
|
3 | | (h) For the purpose of this Section:
|
4 | | "Lead-acid battery" means a battery containing lead and |
5 | | sulfuric acid
that has a nominal voltage of at least 6 volts |
6 | | and is intended for use in
motor vehicles.
|
7 | | "Motor vehicle" includes automobiles, vans, trucks, |
8 | | tractors, motorcycles
and motorboats.
|
9 | | (i) (Blank.)
|
10 | | (j) Knowing violation of this Section shall be a petty |
11 | | offense
punishable by a fine of $100.
|
12 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
13 | | (415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
|
14 | | Sec. 22.28. White goods.
|
15 | | (a) No Beginning July 1, 1994, no person shall knowingly |
16 | | offer for
collection or collect white goods for the purpose of |
17 | | disposal by
landfilling unless the white good components have |
18 | | been removed.
|
19 | | (b) No Beginning July 1, 1994, no owner or operator of a |
20 | | landfill shall
accept any white goods for final disposal, |
21 | | except that white goods may be
accepted if:
|
22 | | (1) (blank); the landfill participates in the |
23 | | Industrial Materials Exchange
Service by communicating the |
24 | | availability of white goods;
|
25 | | (2) prior to final disposal, any white good components |
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1 | | have been
removed from the white goods; and
|
2 | | (3) if white good components are removed from the white |
3 | | goods at the
landfill, a site operating plan satisfying |
4 | | this Act has been approved under
the landfill's site |
5 | | operating permit and the conditions of the such operating |
6 | | plan are met.
|
7 | | (c) For the purposes of this Section:
|
8 | | (1) "White goods" shall include all discarded |
9 | | refrigerators, ranges,
water heaters, freezers, air |
10 | | conditioners, humidifiers and other similar
domestic and |
11 | | commercial large appliances.
|
12 | | (2) "White good components" shall include:
|
13 | | (i) any chlorofluorocarbon refrigerant gas;
|
14 | | (ii) any electrical switch containing mercury;
|
15 | | (iii) any device that contains or may contain PCBs |
16 | | in a closed system,
such as a dielectric fluid for a |
17 | | capacitor, ballast or other component;
and
|
18 | | (iv) any fluorescent lamp that contains mercury.
|
19 | | (d) The Agency is authorized to provide financial |
20 | | assistance to units of
local government from the Solid Waste |
21 | | Management Fund to plan for and
implement programs to collect, |
22 | | transport and manage white goods.
Units of local government may |
23 | | apply jointly for financial
assistance under this Section.
|
24 | | Applications for such financial assistance shall be |
25 | | submitted to the
Agency and must provide a description of:
|
26 | | (A) the area to be served by the program;
|
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1 | | (B) the white goods intended to be included in the |
2 | | program;
|
3 | | (C) the methods intended to be used for collecting |
4 | | and receiving
materials;
|
5 | | (D) the property, buildings, equipment and |
6 | | personnel included in
the program;
|
7 | | (E) the public education systems to be used as part |
8 | | of the program;
|
9 | | (F) the safety and security systems that will be |
10 | | used;
|
11 | | (G) the intended processing methods for each white |
12 | | goods type;
|
13 | | (H) the intended destination for final material |
14 | | handling location; and
|
15 | | (I) any staging sites used to handle collected |
16 | | materials, the
activities to be performed at such sites |
17 | | and the procedures for assuring
removal of collected |
18 | | materials from such sites.
|
19 | | The application may be amended to reflect changes in |
20 | | operating
procedures, destinations for collected materials, or |
21 | | other factors.
|
22 | | Financial assistance shall be awarded for a State fiscal |
23 | | year, and
may be renewed, upon application, if the Agency |
24 | | approves the operation
of the program.
|
25 | | (e) All materials collected or received under a program |
26 | | operated with
financial assistance under this Section shall be |
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1 | | recycled whenever
possible. Treatment or disposal of collected |
2 | | materials are not eligible
for financial assistance unless the |
3 | | applicant shows and the Agency approves
which materials may be |
4 | | treated or disposed of under various conditions.
|
5 | | Any revenue from the sale of materials collected under such |
6 | | a program
shall be retained by the unit of local government and |
7 | | may be used only for
the same purposes as the financial |
8 | | assistance under this Section.
|
9 | | (f) The Agency is authorized to adopt rules necessary or |
10 | | appropriate to
the administration of this Section.
|
11 | | (g) (Blank).
|
12 | | (Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
|
13 | | (415 ILCS 5/22.29) (from Ch. 111 1/2, par. 1022.29)
|
14 | | Sec. 22.29.
(a) Except as provided in subsection (c), any |
15 | | waste
material generated by processing recyclable metals by |
16 | | shredding shall be
managed as a special waste unless (1) a site |
17 | | operating plan has been
approved by the Agency and the |
18 | | conditions of such operating plan are met ;
and (2) the facility |
19 | | participates in the Industrial Materials Exchange
Service by |
20 | | communicating availability to process recyclable metals .
|
21 | | (b) An operating plan submitted to the Agency under this |
22 | | Section shall
include the following concerning recyclable |
23 | | metals processing and
components which may contaminate waste |
24 | | from shredding recyclable metals
(such as lead acid batteries, |
25 | | fuel tanks, or components that contain or may
contain PCB's in |
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1 | | a closed system such as a capacitor or ballast):
|
2 | | (1) procedures for inspecting recyclable metals when |
3 | | received to
assure that such components are identified;
|
4 | | (2) a list of equipment and removal procedures to be |
5 | | used to assure
proper removal of such components;
|
6 | | (3) procedures for safe storage of such components |
7 | | after removal and
any waste materials;
|
8 | | (4) procedures to assure that such components and waste |
9 | | materials will
only be stored for a period long enough to |
10 | | accumulate the proper quantities
for off-site |
11 | | transportation;
|
12 | | (5) identification of how such components and waste |
13 | | materials will be
managed after removal from the site to |
14 | | assure proper handling and disposal;
|
15 | | (6) procedures for sampling and analyzing waste |
16 | | intended for disposal
or off-site handling as a waste;
|
17 | | (7) a demonstration, including analytical reports, |
18 | | that any waste
generated is not a hazardous waste and will |
19 | | not pose a present or potential
threat to human health or |
20 | | the environment.
|
21 | | (c) Any waste generated as a result of processing |
22 | | recyclable metals by
shredding which is determined to be |
23 | | hazardous waste shall be managed as
a hazardous waste.
|
24 | | (d) The Agency is authorized to adopt rules necessary or |
25 | | appropriate to
the administration of this Section.
|
26 | | (Source: P.A. 87-806; 87-895 .)
|
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1 | | (415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
|
2 | | Sec. 55. Prohibited activities.
|
3 | | (a) No person shall:
|
4 | | (1) Cause or allow the open dumping of any used or |
5 | | waste tire.
|
6 | | (2) Cause or allow the open burning of any used or |
7 | | waste tire.
|
8 | | (3) Except at a tire storage site which contains more |
9 | | than 50 used
tires, cause or allow the storage of any used |
10 | | tire unless the tire is
altered, reprocessed, converted, |
11 | | covered, or otherwise prevented from
accumulating water.
|
12 | | (4) Cause or allow the operation of a tire storage site |
13 | | except in
compliance with Board regulations.
|
14 | | (5) Abandon, dump or dispose of any used or waste tire |
15 | | on private or
public property, except in a sanitary |
16 | | landfill approved by the Agency
pursuant to regulations |
17 | | adopted by the Board.
|
18 | | (6) Fail to submit required reports, tire removal |
19 | | agreements,
or Board regulations.
|
20 | | (b) (Blank.)
|
21 | | (b-1) No Beginning January 1, 1995,
no person shall |
22 | | knowingly mix any used or waste tire, either whole or cut, with
|
23 | | municipal waste, and no owner or operator of a sanitary |
24 | | landfill shall accept
any used or waste tire for final |
25 | | disposal; except that used or waste tires,
when separated from |
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1 | | other waste, may be accepted if : (1) the sanitary landfill
|
2 | | provides and maintains a means for shredding, slitting, or |
3 | | chopping whole tires
and so treats whole tires and, if approved |
4 | | by the Agency in a permit issued
under this Act, uses the used |
5 | | or waste tires for alternative uses, which may
include on-site |
6 | | practices such as lining of roadways with tire scraps,
|
7 | | alternative daily cover, or use in a leachate collection system |
8 | | or (2) the
sanitary landfill, by its notification to the |
9 | | Illinois Industrial Materials
Exchange Service, makes |
10 | | available the used or waste tire to an appropriate
facility for |
11 | | reuse, reprocessing, or converting, including use as an |
12 | | alternate
energy fuel. If, within 30 days after notification to |
13 | | the Illinois Industrial
Materials Exchange Service of the |
14 | | availability of waste tires, no specific
request for the used |
15 | | or waste tires is received by the sanitary landfill, and
the |
16 | | sanitary landfill determines it has no alternative use for |
17 | | those used or
waste tires, the sanitary landfill may dispose of |
18 | | slit, chopped, or
shredded used or waste tires in the sanitary |
19 | | landfill .
In the event the physical condition of a used or |
20 | | waste tire makes shredding,
slitting, chopping, reuse, |
21 | | reprocessing, or other alternative use of the used
or waste |
22 | | tire impractical or infeasible, then the sanitary landfill, |
23 | | after
authorization by the Agency, may accept the used or waste |
24 | | tire for disposal.
|
25 | | Sanitary landfills and facilities for reuse, reprocessing, |
26 | | or converting,
including use as alternative fuel, shall (i) |
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1 | | notify the Illinois Industrial
Materials Exchange Service of |
2 | | the availability of and demand for used or waste
tires and (ii) |
3 | | consult with the Department of Commerce and Economic |
4 | | Opportunity
regarding the status of marketing of waste tires to |
5 | | facilities for reuse.
|
6 | | (c) Any person who sells new or used
tires at retail or |
7 | | operates a tire storage
site or a tire disposal site which |
8 | | contains more than 50 used or waste
tires shall give notice of |
9 | | such activity to the Agency. Any person
engaging in such |
10 | | activity for the first time after January 1, 1990, shall
give |
11 | | notice to the Agency within 30 days after the date of |
12 | | commencement of
the activity. The form of such notice shall be |
13 | | specified by the Agency and
shall be limited to information |
14 | | regarding the following:
|
15 | | (1) the name and address of the owner and operator;
|
16 | | (2) the name, address and location of the operation;
|
17 | | (3) the type of operations involving used and waste |
18 | | tires (storage,
disposal, conversion or processing); and
|
19 | | (4) the number of used and waste tires present at the |
20 | | location.
|
21 | | (d) Beginning January 1, 1992, no person shall cause or |
22 | | allow the
operation of:
|
23 | | (1) a tire storage site which contains more than 50 |
24 | | used tires,
unless the owner or operator, by January 1, |
25 | | 1992 (or the January 1
following commencement of operation, |
26 | | whichever is later) and January 1 of
each year thereafter, |
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1 | | (i) registers the site with the Agency, except that the |
2 | | registration requirement in this item (i) does not apply in |
3 | | the case of a tire storage site required to be permitted |
4 | | under subsection (d-5), (ii)
certifies to the Agency that |
5 | | the site complies with any applicable
standards adopted by |
6 | | the Board pursuant to Section 55.2, (iii) reports to
the |
7 | | Agency the number of tires accumulated, the status of |
8 | | vector controls,
and the actions taken to handle and |
9 | | process the tires, and (iv) pays the
fee required under |
10 | | subsection (b) of Section 55.6; or
|
11 | | (2) a tire disposal site, unless the owner or operator |
12 | | (i) has
received approval from the Agency after filing a |
13 | | tire removal agreement
pursuant to Section 55.4, or (ii) |
14 | | has entered into a written agreement to
participate in a |
15 | | consensual removal action under Section 55.3.
|
16 | | The Agency shall provide written forms for the annual |
17 | | registration and
certification required under this subsection |
18 | | (d).
|
19 | | (d-4) On or before January 1, 2015, the owner or operator |
20 | | of each tire storage site that contains used tires totaling |
21 | | more than 10,000 passenger tire equivalents, or at which more |
22 | | than 500 tons of used tires are processed in a calendar year, |
23 | | shall submit documentation demonstrating its compliance with |
24 | | Board rules adopted under this Title. This documentation must |
25 | | be submitted on forms and in a format prescribed by the Agency. |
26 | | (d-5) Beginning July 1, 2016, no person shall cause or |
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1 | | allow the operation of a tire storage site that contains used |
2 | | tires totaling more than 10,000 passenger tire equivalents, or |
3 | | at which more than 500 tons of used tires are processed in a |
4 | | calendar year, without a permit granted by the Agency or in |
5 | | violation of any conditions imposed by that permit, including |
6 | | periodic reports and full access to adequate records and the |
7 | | inspection of facilities, as may be necessary to ensure |
8 | | compliance with this Act and with regulations and standards |
9 | | adopted under this Act. |
10 | | (d-6) No person shall cause or allow the operation of a |
11 | | tire storage site in violation of the financial assurance rules |
12 | | established by the Board under subsection (b) of Section 55.2 |
13 | | of this Act. In addition to the remedies otherwise provided |
14 | | under this Act, the State's Attorney of the county in which the |
15 | | violation occurred, or the Attorney General, may, at the |
16 | | request of the Agency or on his or her own motion, institute a |
17 | | civil action for an immediate injunction, prohibitory or |
18 | | mandatory, to restrain any violation of this subsection (d-6) |
19 | | or to require any other action as may be necessary to abate or |
20 | | mitigate any immediate danger or threat to public health or the |
21 | | environment at the site. Injunctions to restrain a violation of |
22 | | this subsection (d-6) may include, but are not limited to, the |
23 | | required removal of all tires for which financial assurance is |
24 | | not maintained and a prohibition against the acceptance of |
25 | | tires in excess of the amount for which financial assurance is |
26 | | maintained. |
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1 | | (e) No person shall cause or allow the storage, disposal, |
2 | | treatment or
processing of any used or waste tire in violation |
3 | | of any regulation or
standard adopted by the Board.
|
4 | | (f) No person shall arrange for the transportation of used |
5 | | or waste tires
away from the site of generation with a person |
6 | | known to openly dump such tires.
|
7 | | (g) No person shall engage in any operation as a used or |
8 | | waste tire
transporter except in compliance with Board |
9 | | regulations.
|
10 | | (h) No person shall cause or allow the combustion of any |
11 | | used or waste
tire in an enclosed device unless a permit has |
12 | | been issued by the Agency
authorizing such combustion pursuant |
13 | | to regulations adopted by the Board
for the control of air |
14 | | pollution and consistent with the provisions of
Section 9.4 of |
15 | | this Act.
|
16 | | (i) No person shall cause or allow the use of pesticides to |
17 | | treat tires
except as prescribed by Board regulations.
|
18 | | (j) No person shall fail to comply with the terms of a tire |
19 | | removal
agreement approved by the Agency pursuant to Section |
20 | | 55.4.
|
21 | | (k) No person shall: |
22 | | (1) Cause or allow water to accumulate in used or waste |
23 | | tires. The prohibition set forth in this paragraph (1) of |
24 | | subsection (k) shall not apply to used or waste tires |
25 | | located at a residential household, as long as not more |
26 | | than 12 used or waste tires are located at the site. |
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1 | | (2) Fail to collect a fee required under Section 55.8 |
2 | | of this Title. |
3 | | (3) Fail to file a return required under Section 55.10 |
4 | | of this Title. |
5 | | (4) Transport used or waste tires in violation of the |
6 | | registration and vehicle placarding requirements adopted |
7 | | by the Board. |
8 | | (Source: P.A. 98-656, eff. 6-19-14.)
|
9 | | (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
|
10 | | Sec. 55.6. Used Tire Management Fund.
|
11 | | (a) There is hereby created in the State Treasury a special
|
12 | | fund to be known as the Used Tire Management Fund. There shall |
13 | | be
deposited into the Fund all monies received as (1) recovered |
14 | | costs or
proceeds from the sale of used tires under Section |
15 | | 55.3 of this Act, (2)
repayment of loans from the Used Tire |
16 | | Management Fund, or (3) penalties or
punitive damages for |
17 | | violations of this Title, except as provided by
subdivision |
18 | | (b)(4) or (b)(4-5) of Section 42.
|
19 | | (b) Beginning January 1, 1992, in addition to any other |
20 | | fees required by
law, the owner or operator of each site |
21 | | required to be registered or permitted under
subsection (d) or |
22 | | (d-5) of Section 55 shall pay to the Agency an annual fee of |
23 | | $100.
Fees collected under this subsection shall be deposited |
24 | | into the Environmental
Protection Permit and Inspection Fund.
|
25 | | (c) Pursuant to appropriation, monies up to an amount of $2 |
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1 | | million per
fiscal year from the Used Tire Management Fund |
2 | | shall be allocated as follows:
|
3 | | (1) 38% shall be available to the Agency for the |
4 | | following
purposes, provided that priority shall be given |
5 | | to item (i):
|
6 | | (i) To undertake preventive, corrective or removal |
7 | | action as
authorized by and in accordance with Section |
8 | | 55.3, and
to recover costs in accordance with Section |
9 | | 55.3.
|
10 | | (ii) For the performance of inspection and |
11 | | enforcement activities for
used and waste tire sites.
|
12 | | (iii) (Blank). To assist with marketing of used |
13 | | tires by augmenting the
operations of an industrial |
14 | | materials exchange service.
|
15 | | (iv) To provide financial assistance to units of |
16 | | local government
for the performance of inspecting, |
17 | | investigating and enforcement activities
pursuant to |
18 | | subsection (r) of Section 4 at used and waste tire |
19 | | sites.
|
20 | | (v) To provide financial assistance for used and |
21 | | waste tire collection
projects sponsored by local |
22 | | government or not-for-profit corporations.
|
23 | | (vi) For the costs of fee collection and |
24 | | administration relating to
used and waste tires, and to |
25 | | accomplish such other purposes as are
authorized by |
26 | | this Act and regulations thereunder.
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1 | | (vii) To provide financial assistance to units of |
2 | | local government and private industry for the purposes |
3 | | of: |
4 | | (A) assisting in the establishment of |
5 | | facilities and programs to collect, process, and |
6 | | utilize used and waste tires and tire-derived |
7 | | materials; |
8 | | (B) demonstrating the feasibility of |
9 | | innovative technologies as a means of collecting, |
10 | | storing, processing, and utilizing used and waste |
11 | | tires and tire-derived materials; and |
12 | | (C) applying demonstrated technologies as a |
13 | | means of collecting, storing, processing, and |
14 | | utilizing used and waste tires and tire-derived |
15 | | materials. |
16 | | (2) For fiscal years beginning prior to July 1, 2004,
|
17 | | 23% shall be available to the Department of Commerce and
|
18 | | Economic Opportunity for the following purposes, provided |
19 | | that priority shall be
given to item (A):
|
20 | | (A) To provide grants or loans for the purposes of:
|
21 | | (i) assisting units of local government and |
22 | | private industry in the
establishment of |
23 | | facilities and programs to collect, process
and |
24 | | utilize used and waste tires and tire derived |
25 | | materials;
|
26 | | (ii) demonstrating the feasibility of |
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1 | | innovative technologies as a
means of collecting, |
2 | | storing, processing and utilizing used
and waste |
3 | | tires and tire derived materials; and
|
4 | | (iii) applying demonstrated technologies as a |
5 | | means of collecting,
storing, processing, and |
6 | | utilizing used and waste tires
and tire derived |
7 | | materials.
|
8 | | (B) To develop educational material for use by |
9 | | officials and the public
to better understand and |
10 | | respond to the problems posed by used tires and
|
11 | | associated insects.
|
12 | | (C) (Blank).
|
13 | | (D) To perform such research as the Director deems |
14 | | appropriate to
help meet the purposes of this Act.
|
15 | | (E) To pay the costs of administration of its |
16 | | activities authorized
under this Act.
|
17 | | (2.1) For the fiscal year beginning July 1, 2004 and |
18 | | for all fiscal years thereafter, 23% shall be deposited |
19 | | into the General Revenue Fund.
|
20 | | (3) 25% shall be available to the Illinois Department |
21 | | of
Public Health for the following purposes:
|
22 | | (A) To investigate threats or potential threats to |
23 | | the public health
related to mosquitoes and other |
24 | | vectors of disease associated with the
improper |
25 | | storage, handling and disposal of tires, improper |
26 | | waste disposal,
or natural conditions.
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1 | | (B) To conduct surveillance and monitoring |
2 | | activities for
mosquitoes and other arthropod vectors |
3 | | of disease, and surveillance of
animals which provide a |
4 | | reservoir for disease-producing organisms.
|
5 | | (C) To conduct training activities to promote |
6 | | vector control programs
and integrated pest management |
7 | | as defined in the Vector Control Act.
|
8 | | (D) To respond to inquiries, investigate |
9 | | complaints, conduct evaluations
and provide technical |
10 | | consultation to help reduce or eliminate public
health |
11 | | hazards and nuisance conditions associated with |
12 | | mosquitoes and other
vectors.
|
13 | | (E) To provide financial assistance to units of |
14 | | local government for
training, investigation and |
15 | | response to public nuisances associated with
|
16 | | mosquitoes and other vectors of disease.
|
17 | | (4) 2% shall be available to the Department of |
18 | | Agriculture for its
activities under the Illinois |
19 | | Pesticide Act relating to used and waste tires.
|
20 | | (5) 2% shall be available to the Pollution Control |
21 | | Board for
administration of its activities relating to used |
22 | | and waste tires.
|
23 | | (6) 10% shall be available to the Department of Natural |
24 | | Resources for
the Illinois Natural History Survey to |
25 | | perform research to study the biology,
distribution, |
26 | | population ecology, and biosystematics of tire-breeding
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1 | | arthropods, especially mosquitoes, and the diseases they |
2 | | spread.
|
3 | | (d) By January 1, 1998, and biennially thereafter, each |
4 | | State
agency receiving an appropriation from the Used Tire |
5 | | Management Fund shall
report to the Governor and the General |
6 | | Assembly on its activities relating to
the Fund.
|
7 | | (e) Any monies appropriated from the Used Tire Management |
8 | | Fund, but not
obligated, shall revert to the Fund.
|
9 | | (f) In administering the provisions of subdivisions (1), |
10 | | (2) and (3) of
subsection (c) of this Section, the Agency, the |
11 | | Department of Commerce and
Economic Opportunity, and the |
12 | | Illinois
Department of Public Health shall ensure that |
13 | | appropriate funding
assistance is provided to any municipality |
14 | | with a population over 1,000,000
or to any sanitary district |
15 | | which serves a population over 1,000,000.
|
16 | | (g) Pursuant to appropriation, monies in excess of $2 |
17 | | million per fiscal
year from the Used Tire Management Fund |
18 | | shall be used as follows:
|
19 | | (1) 55% shall be available to the Agency for the |
20 | | following purposes, provided that priority shall be given |
21 | | to subparagraph (A): |
22 | | (A) To undertake preventive,
corrective or renewed |
23 | | action as authorized by and in accordance with
Section |
24 | | 55.3 and to recover costs in accordance with Section |
25 | | 55.3.
|
26 | | (B) To provide financial assistance to units of |
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1 | | local government and private industry for the purposes |
2 | | of: |
3 | | (i) assisting in the establishment of |
4 | | facilities and programs to collect, process, and |
5 | | utilize used and waste tires and tire-derived |
6 | | materials; |
7 | | (ii) demonstrating the feasibility of |
8 | | innovative technologies as a means of collecting, |
9 | | storing, processing, and utilizing used and waste |
10 | | tires and tire-derived materials; and |
11 | | (iii) applying demonstrated technologies as a |
12 | | means of collecting, storing, processing, and |
13 | | utilizing used and waste tires and tire-derived |
14 | | materials. |
15 | | (2) For fiscal years beginning prior to July 1, 2004,
|
16 | | 45% shall be available to the Department of Commerce and |
17 | | Economic Opportunity to provide grants or loans for the |
18 | | purposes of:
|
19 | | (i) assisting units of local government and |
20 | | private industry in the
establishment of facilities |
21 | | and programs to collect, process and utilize
waste |
22 | | tires and tire derived material;
|
23 | | (ii) demonstrating the feasibility of innovative |
24 | | technologies as a
means of collecting, storing, |
25 | | processing, and utilizing used and waste tires
and tire |
26 | | derived materials; and
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1 | | (iii) applying demonstrated technologies as a |
2 | | means of collecting,
storing, processing, and |
3 | | utilizing used and waste tires and tire derived
|
4 | | materials.
|
5 | | (3) For the fiscal year beginning July 1, 2004 and for |
6 | | all fiscal years thereafter, 45% shall be deposited into |
7 | | the General Revenue Fund.
|
8 | | (Source: P.A. 98-656, eff. 6-19-14.)
|
9 | | (415 ILCS 5/17.6 rep.) |
10 | | Section 10-190. The Environmental Protection Act is |
11 | | amended by repealing Section 17.6.
|
12 | | (415 ILCS 15/8 rep.)
|
13 | | (415 ILCS 15/8.5 rep.)
|
14 | | Section 10-195. The Solid Waste Planning and Recycling Act |
15 | | is amended by repealing Sections 8 and 8.5. |
16 | | Section 10-200. The Illinois Solid Waste Management Act is |
17 | | amended by changing Section 6 as follows:
|
18 | | (415 ILCS 20/6) (from Ch. 111 1/2, par. 7056)
|
19 | | Sec. 6. The Department of Commerce and Economic Opportunity |
20 | | shall be the lead agency for implementation of this Act and
|
21 | | shall have the following powers:
|
22 | | (a) To provide technical and educational assistance for |
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1 | | applications of
technologies and practices which will minimize |
2 | | the land disposal of
non-hazardous solid waste; economic |
3 | | feasibility of implementation of solid
waste management |
4 | | alternatives; analysis of markets for recyclable materials
and |
5 | | energy products; application of the Geographic Information
|
6 | | System to provide analysis of natural resource, land use, and |
7 | | environmental
impacts; evaluation of financing and ownership |
8 | | options; and evaluation of
plans prepared by units of local |
9 | | government pursuant to Section 22.15 of
the Environmental |
10 | | Protection Act.
|
11 | | (b) (Blank). To provide technical assistance in siting |
12 | | pollution control
facilities, defined as any waste storage |
13 | | site, sanitary landfill, waste
disposal site, waste transfer |
14 | | station or waste incinerator.
|
15 | | (c) To provide loans or recycling and composting grants to |
16 | | businesses and
not-for-profit and governmental organizations |
17 | | for the purposes of increasing
the quantity of materials |
18 | | recycled or composted in Illinois; developing and
implementing
|
19 | | innovative recycling methods and technologies; developing and |
20 | | expanding
markets for recyclable materials; and increasing the |
21 | | self-sufficiency of
the recycling industry in Illinois. The |
22 | | Department shall work with and
coordinate its activities with |
23 | | existing for-profit and not-for-profit
collection and |
24 | | recycling systems to encourage orderly growth in the supply
of |
25 | | and markets for recycled materials and to assist existing |
26 | | collection and
recycling efforts.
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1 | | The Department shall develop a public education program |
2 | | concerning the
importance of both composting and recycling in |
3 | | order to preserve landfill
space in Illinois.
|
4 | | (d) To establish guidelines and funding criteria for the |
5 | | solicitation of
projects under this Act, and to receive and |
6 | | evaluate applications for
loans or grants for solid waste |
7 | | management projects based upon such
guidelines and criteria. |
8 | | Funds may be loaned with or without interest.
|
9 | | (e) To support and coordinate solid waste research in |
10 | | Illinois, and to
approve the annual solid waste research agenda |
11 | | prepared by the University of
Illinois.
|
12 | | (f) To provide loans or grants for research, development |
13 | | and
demonstration of innovative technologies and practices, |
14 | | including but not
limited to pilot programs for collection and |
15 | | disposal of household wastes.
|
16 | | (g) To promulgate such rules and regulations as are |
17 | | necessary to carry
out the purposes of subsections (c), (d) and |
18 | | (f) of this Section.
|
19 | | (h) To cooperate with the Environmental Protection Agency |
20 | | for the
purposes specified herein.
|
21 | | The Department is authorized to accept any and all grants,
|
22 | | repayments of
interest and principal on loans, matching funds,
|
23 | | reimbursements, appropriations, income derived from |
24 | | investments, or other
things of value from the federal or state |
25 | | governments or from any
institution, person, partnership, |
26 | | joint venture, corporation, public or
private.
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1 | | The Department is authorized to use moneys available for |
2 | | that purpose, subject
to appropriation, expressly for the |
3 | | purpose of implementing a
loan program according to procedures |
4 | | established pursuant to this Act.
Those moneys shall be used by |
5 | | the Department for the purpose of
financing additional projects |
6 | | and for the Department's administrative
expenses related |
7 | | thereto.
|
8 | | (Source: P.A. 94-91, eff. 7-1-05.)
|
9 | | (415 ILCS 20/5 rep.)
|
10 | | (415 ILCS 20/7.1 rep.)
|
11 | | (415 ILCS 20/7.3 rep.)
|
12 | | (415 ILCS 20/8 rep.)
|
13 | | Section 10-205. The Illinois Solid Waste Management Act is |
14 | | amended by repealing Sections 5, 7.1, 7.3, and 8. |
15 | | (415 ILCS 56/Act rep.) |
16 | | Section 10-210. The Green Infrastructure for Clean Water |
17 | | Act is repealed. |
18 | | Section 10-215. The Environmental Toxicology Act is |
19 | | amended by changing Sections 3 and 5 as follows:
|
20 | | (415 ILCS 75/3) (from Ch. 111 1/2, par. 983)
|
21 | | Sec. 3. Definitions. As used in this Act, unless the |
22 | | context otherwise
requires;
|
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1 | | (a) "Department" means the Illinois Department of Public |
2 | | Health;
|
3 | | (b) "Director" means the Director of the Illinois |
4 | | Department of Public
Health;
|
5 | | (c) "Program" means the Environmental Toxicology program |
6 | | as established by
this Act;
|
7 | | (d) "Exposure" means contact with a hazardous substance;
|
8 | | (e) "Hazardous Substance" means chemical compounds, |
9 | | elements, or
combinations of chemicals which, because of |
10 | | quantity concentration, physical
characteristics or |
11 | | toxicological characteristics may pose a substantial
present |
12 | | or potential hazard to human health and includes, but is not
|
13 | | limited to, any substance defined as a hazardous substance in |
14 | | Section 3.215
of the "Environmental Protection Act", approved |
15 | | June 29, 1970, as
amended;
|
16 | | (f) "Initial Assessment" means a review and evaluation of |
17 | | site history
and hazardous substances involved, potential for |
18 | | population exposure, the
nature of any health related |
19 | | complaints and any known patterns in disease
occurrence;
|
20 | | (g) "Comprehensive Health Study" means a detailed analysis |
21 | | which may
include: a review of available
environmental, |
22 | | morbidity and mortality data; environmental and biological
|
23 | | sampling; detailed review of scientific literature; exposure |
24 | | analysis;
population surveys; or any other scientific or |
25 | | epidemiologic methods
deemed necessary to adequately evaluate |
26 | | the health status of the population
at risk and any potential |
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1 | | relationship to environmental factors;
|
2 | | (h) "Superfund Site" means any hazardous waste site |
3 | | designated for
cleanup on the National Priorities List as |
4 | | mandated by the Comprehensive
Environmental Response, |
5 | | Compensation, and Liability Act of 1980 (P.L. 96-510),
as |
6 | | amended;
|
7 | | (i) (Blank). "State Remedial Action Priority List" means a |
8 | | list compiled by the
Illinois Environmental Protection Agency |
9 | | which identifies sites that appear
to present significant risk |
10 | | to the public health, welfare or environment.
|
11 | | (Source: P.A. 92-574, eff. 6-26-02.)
|
12 | | (415 ILCS 75/5) (from Ch. 111 1/2, par. 985)
|
13 | | Sec. 5.
(a) Upon request by the Illinois Environmental |
14 | | Protection
Agency, the Department shall conduct an initial |
15 | | assessment for any location
designated as a Superfund Site or |
16 | | on the State Remedial Action Priority
List . Such assessment |
17 | | shall be initiated within 60 days of the request.
|
18 | | (b) (Blank). For sites designated as Superfund Sites or |
19 | | sites on the State
Remedial Action Priority List on the |
20 | | effective date of this Act, the
Department and the Illinois |
21 | | Environmental Protection Agency shall jointly
determine which |
22 | | sites warrant initial assessment. If warranted, initial
|
23 | | assessment shall be initiated by January 1, 1986.
|
24 | | (c) If, as a result of the initial assessment, the |
25 | | Department determines
that a public health problem related to |
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1 | | exposure to hazardous substances
may exist in a community |
2 | | located near a designated site, the
Department shall conduct a |
3 | | comprehensive health study to assess the full
relationship, if |
4 | | any, between such threat or potential threat and possible
|
5 | | exposure to hazardous substances at the designated site.
|
6 | | (Source: P.A. 84-987.)
|
7 | | (415 ILCS 80/3 rep.) |
8 | | (415 ILCS 80/4 rep.) |
9 | | Section 10-220. The Degradable Plastic Act is amended by |
10 | | repealing Sections 3 and 4.
|
11 | | (415 ILCS 110/Act rep.)
|
12 | | Section 10-225. The Recycled Newsprint Use Act is repealed.
|
13 | | (415 ILCS 120/25 rep.)
|
14 | | Section 10-230. The Alternate Fuels Act is amended by |
15 | | repealing Section 25. |
16 | | Section 10-235. The Interstate Ozone Transport Oversight |
17 | | Act is amended by changing Section 20 as follows:
|
18 | | (415 ILCS 130/20)
|
19 | | Sec. 20. Legislative referral and public hearings.
|
20 | | (a) Not later than 10 days after the development of any |
21 | | proposed
memorandum of understanding by the Ozone Transport |
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1 | | Assessment Group
potentially requiring the State of Illinois to |
2 | | undertake emission reductions
in addition to those specified by |
3 | | the Clean Air Act Amendments of 1990, or
subsequent to the |
4 | | issuance of a request made by the United States Environmental
|
5 | | Protection Agency on or after June 1, 1997 for
submission of a |
6 | | State Implementation Plan for Illinois relating to ozone
|
7 | | attainment and before submission of the Plan, the
Director |
8 | | shall submit
the proposed memorandum of understanding or State |
9 | | Implementation Plan to
the House Committee and the Senate
|
10 | | Committee for their consideration. At that time, the Director |
11 | | shall also
submit information detailing any alternate |
12 | | strategies.
|
13 | | (b) (Blank). To assist the legislative review required by |
14 | | this Act, the Department of Commerce and Economic Opportunity |
15 | | shall
conduct a joint study of the impacts on the State's |
16 | | economy which may result
from implementation of the emission |
17 | | reduction strategies contained within any
proposed memorandum |
18 | | of understanding or State Implementation Plan relating to
ozone |
19 | | and from implementation of any alternate
strategies. The study |
20 | | shall include, but not be limited to, the impacts on
economic |
21 | | development, employment, utility costs and rates, personal |
22 | | income, and
industrial competitiveness which may result from |
23 | | implementation of the emission
reduction strategies contained |
24 | | within any proposed memorandum of agreement or
State |
25 | | Implementation Plan relating to ozone and
from implementation |
26 | | of any alternate strategies. The study shall be
submitted
to |
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1 | | the House Committee and Senate Committee not less than 10 days |
2 | | prior to any
scheduled hearing conducted pursuant to subsection |
3 | | (c) of this Section.
|
4 | | (c) Upon receipt of the information required by subsections |
5 | | (a) and (b) of
this Section, the House Committee and Senate |
6 | | Committee shall each convene
one or more public hearings to |
7 | | receive comments from agencies of government and
other |
8 | | interested parties on the memorandum of understanding's or |
9 | | State
Implementation Plan's prospective
economic and |
10 | | environmental impacts, including its impacts on energy use,
|
11 | | economic development, utility costs and rates, and |
12 | | competitiveness.
Additionally,
comments shall be received on |
13 | | the prospective economic and environmental
impacts, including |
14 | | impacts on energy use, economic development, utility
costs and |
15 | | rates, and competitiveness, which may result from |
16 | | implementation of
any
alternate strategies.
|
17 | | (Source: P.A. 97-916, eff. 8-9-12.)
|
18 | | (505 ILCS 84/Act rep.) |
19 | | Section 10-240. The Illinois Food, Farms, and Jobs Act is |
20 | | repealed. |
21 | | ARTICLE 99. EXEMPTIONS; SEVERABILITY; EFFECTIVE DATE |
22 | | Section 99-90. The State Mandates Act is amended by adding |
23 | | Section 8.41 as follows: |
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1 | | (30 ILCS 805/8.41 new) |
2 | | Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8 |
3 | | of this Act, no reimbursement by the State is required for the |
4 | | implementation of any mandate created by this amendatory Act of |
5 | | the 100th General Assembly. |
6 | | Section 99-97. Severability. The provisions of this Act are |
7 | | severable under Section 1.31 of the Statute on Statutes.
|
8 | | Section 99-99. Effective date. This Act takes effect upon |
9 | | becoming law.".
|