Sen. Pamela J. Althoff

Proposes to amend the Local Government Article of the Illinois Constitution. Requires the State to reimburse units of local government for increased expenses resulting from activities mandated by the General Assembly or State executive action. Exempts mandates requested by a local government or predating the effective date. Makes unfunded mandates unenforceable unless passed by three-fifths of the members elected to each house of the General Assembly and specifically characterized as non-reimbursable. Effective upon being declared adopted.

Amends the Fox Waterway Agency Act. Modifies the definition of "Waterway" to include the term "Chain of Lakes Fox River Recreational Waterway" and all streams, side channels, and improved channels that connect with, discharge into, or are open to the river. Provides that all waters within the waterway are public waters which the public has a right to use and enjoy. Provides that the public's right to navigate includes the right to incidentally touch private property as required for safe passage and continued movement and to portage around a dangerous obstruction in the water, if portage is made in a manner that is the most direct, least invasive, and closest to the water. Provides that public water may not be accessed from private property without the permission of the owner of the private property. Provides that a person may not, unless authorized by law, close off or otherwise bar access to any public water in the waterway or prevent any person from exercising the right to navigate upon public water without authorization of other law. Provides that nothing in the new provisions shall be construed as limiting or enlarging any right granted by express easement or otherwise provided by law. Provides that the executive director of the Fox Waterway Agency shall be a person of recognized ability in business or waterway management, instead of "at a minimum, have graduated from a four-year college or university (or the equivalent) in civil engineering, biology or public administration or a closely related field".

Amends the Illinois Income Tax Act. Makes a technical change in a Section defining base income.

Amends the Mental Health and Developmental Disabilities Administrative Act, the Disabilities Services Act of 2003, the Community Mental Health Act, the Developmental Disability and Mental Disability Services Act, and other various Acts. Changes all occurrences of "mental retardation" to "intellectual disability", changes all occurrences of "mentally retarded person" to "intellectually disabled person", and changes the title of the "MR/DD Community Care Act" and all references to that Act to the "ID/DD Community Care Act". Effective June 1, 2012.

Creates the Appraisal Management Company Registration Act. Provides for registration of appraisal management companies with the Department of Financial and Professional Regulation. Beginning January 1, 2012, provides that it is unlawful for a person or entity to act or assume to act as an appraisal management company as defined in this Act, to engage in the business of appraisal management service, or to advertise or hold himself or herself out to be a registered appraisal management company without first obtaining a certificate of registration issued by the Department under this Act. Includes provisions concerning exemption from the Act. Provides that persons practicing as an appraisal management company in Illinois on the effective date of the Act may continue to practice until the Department has adopted rules implementing the Act. Provides that persons shall apply for registration within 180 days after the effective date of the rules and the person may continue to practice until the Department acts to grant or deny registration. Provides that each entity registered under this Act shall designate a controlling person who is responsible to assure that the company operates in compliance with this Act. Sets forth the powers and duties of the Department, registration qualifications, grounds for discipline, civil and criminal penalties, and administrative procedure. Sets forth provisions concerning standards of practice and prohibited activities. Preempts home rule. Effective immediately.

Amends the Common Interest Community Association Act. With respect to the election of the board of managers or board of directors, provides that an association with 3,500 units or more may establish in its bylaws an election procedure utilizing an acclamation process when the number of qualified candidates are the same as, or less than, the number of positions to be filled. Also provides that an association with 1,000 units or more may provide in its declaration or bylaws a procedure for holding the election without a meeting, so long as proxy voting is permitted. In provisions concerning the obligation of the board to make certain documents available for inspection to a prospective purchaser who seeks to purchase a unit from a unit owner, deletes a provision requiring a statement from the board that any improvements or alterations made to the unit or related common areas by the prior unit owner are in compliance with the association's declaration.

Amends the Unemployment Insurance Act. Provides that the term "employment" does not include service performed after December 31, 2012 in the employ of certain governmental entities if the service is performed on a temporary basis as a public safety employee and the pay received for the service during the calendar quarter is less than $1,000. Defines terms. Effective January 1, 2013.

Amends the Illinois Identification Card Act and Illinois Vehicle Code to provide that: the Secretary of State must inquire as to whether an applicant for a State identification card or driver's license is a veteran for purposes of issuing a State identification card or driver's license with a veteran designation; the Secretary shall determine by rule what forms of proof of a person's status as a veteran are acceptable; and the Secretary may disclose an individual's social security number or associated information to the Illinois Department of Veterans' Affairs for the purpose of confirming veteran status. Defines "veteran" and other terms. Effective January 1, 2012.

Amends the Property Tax Code. Provides that an abatement granted to the surviving spouse of a fallen police officer or rescue worker also applies to the surviving spouse of a fallen soldier. Effective immediately.

Amends the Minimum Wage Law. Provides that overtime compensation provisions of the Law do not apply to any employee who is a member of a bargaining unit recognized by the Illinois Labor Relations Board and whose union has contractually agreed to an alternate shift schedule as allowed by specified provisions of the Fair Labor Standards Act of 1938.