Rep. Kelly Burke

Amends the Motor Fuel Tax Law. Provides that the funds transferred each month to the Grade Crossing Protection Fund may go to the maintenance of safety treatments to deter trespassing. Deletes language providing that the Illinois Commerce Commission shall not order more than $2,000,000 per year in Grade Crossing Protection Fund moneys for pedestrian walkways. Amends the Illinois Vehicle Code. Allows the Illinois Commerce Commission, after a hearing or by stipulated agreement, to authorize and order the terms of installation, operation, maintenance, and use of safety treatments requested by a public authority or rail carrier to deter trespassing on railroad property at a place other than a public crossing.

Amends the Open Space Lands Acquisition and Development Act. Provides that any portion of an advanced grant payment not expended by a grantee within 2 years shall be returned to the Department of Natural Resources for distribution with the remainder of the grant on a reimbursement basis. Clarifies that grant funds may be made available for expenditure by a grantee for a period longer than 2 years as long as the grant funds have been legally obligated by the unit of local government prior to the expiration of the 2-year period. Effective immediately.

Creates the No Representation Without Population Act. Provides that the Department of Corrections shall collect and maintain an electronic record of the legal residence, outside of any correctional facility, and other demographic data for each person entering its custody after January 1, 2019. Provides for the minimum records that the Department shall maintain. Requires the Department to provide certain information to the Secretary of State after the decennial census. Requires the Secretary of State to request similar information from agencies that operate federal incarceration facilities. Requires the Secretary of State to prepare redistricting data to reflect the incarcerated persons at their residential address, rather than the address of the facility in which the person is incarcerated. Provides that for persons for whom a legal residence is unknown or not in the State, and for all persons reported in the census as residing in a federal correctional facility for whom a report was not provided, the Secretary of State to allocate the person to a State unit not tied to a specific determined geographic location, as other residents with unknown addresses are allocated. Requires the data collected to only be used as a basis for determining Legislative and Representative Districts. Prohibits the use of the data for the distribution of State or federal aid. Contains severability provisions. Effective immediately.

Amends the Liquor Control Act of 1934. Provides that if a person purchases a mug, cup, or other glassware from a retail licensee, then that retail licensee may offer a discount to fill or refill that mug, cup, or other glassware. Makes a conforming change.

Creates the Right to Garden Act. Allows the State or a unit of local government to regulate gardens on residential property unless the statute or regulation has the practical effect of precluding gardens on residential property entirely. Defines the terms "garden" and "residential property". Limits home rule powers. Effective immediately.

Creates the Data Privacy Act. Provides for the regulation of the use and sale of data. Defines terms. Establishes consumer rights to copies of information held by persons who control and process data. Provides for the correction of inaccurate data. Provides for restrictions on the use of personal data. Provides for the enforcement of the Act by the Attorney General. Provides civil penalties. Preempts home rule and provides that the regulation of data use and privacy are exclusive powers and functions of the State. Creates the Consumer Privacy Fund as a special fund in the State treasury.

Amends the Criminal Code of 2012. Changes the definition of "gambling device" to include any vending or other electronic machine or device, including, without limitation, a machine or device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits that offers a person entry into any contest, competition, sweepstakes, scheme, plan, or other selection process that involves or is dependent upon an element of chance for which the person may receive a gift, award, or other item or service of value if that offer is incidental to or results from: (A) the purchase of an item or service of value; or (B) the purchase or gratuitous receipt of a coupon, voucher, certificate, or other similar credit that can be redeemed for or applied towards an item or service of value from such machine or device or elsewhere. Provides that participants in a game of skill or chance where money or other things of value can be won but no payment or purchase is required to participate shall not be convicted of gambling except where participation in such game of skill or chance is accomplished using a gambling device prohibited by these changes to the definition. Further provides that a gambling offense involving such a gambling device is a Class 4 felony. Amends the Video Gaming Act. Removes a provision allowing for the use of a game device without a license if the game device is used in an activity that is not gambling under the Criminal Code of 2012. Effective immediately.

Amends the Election Code. Provides that notwithstanding any other provision of law, an individual who is 16 or 17 years of age may register to vote, with the registration held in abeyance by the appropriate election authority until that individual attains the required age to vote. Effective immediately.

Creates the Outdoor Rx Program Act. Creates the Outside Rx Program to provide funds, through grants established by the Department of Public Health, for outdoor environmental, ecological, agricultural, or other natural resource or outdoor-based therapy programs serving the citizens of the State of Illinois. Requires the Department to establish an advisory committee to assist and advise the Department in the development and administration of the Outdoor Rx Program, including developing the form for an application for receipt of a grant. Provides that the Department shall set priorities and develop criteria for the awarding of grants to natural resource or outdoor-based therapy programs. Provides criteria for grant eligibility and selection. Provides that the Director of Public Health shall make the final decision on funding a program. Amends the State Finance Act. Creates the Outdoor Rx Program Fund as a special fund in the State treasury.

Creates the Phase Out Corporate Giveaways Interstate Compact. Enters into the compact, which may be entered into by any state and the District of Columbia, in which each member state agrees not to offer or provide any company-specific tax incentive or company-specific grant to any entity for a corporate headquarters, manufacturing facility, office space, or other real estate development located in any other member state as an inducement for the corporate headquarters, manufacturing facility, office space, or other real estate development to relocate to the offering member state. Defines terms. Excludes: (1) workforce development grants that train employees; (2) company-specific tax incentives or company-specific grants from local governments; and (3) specified company-specific tax incentives or company-specific grants related to companies already within the member state. Creates the Phase Out Corporate Giveaways Board and provides for membership and meeting requirements. Provides for withdrawal of a member state with a 6-month written notice to each member state's chief executive officer. Contains construction and severability provisions.