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90_HB0821eng
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Provides that specified Acts are repealed on July 1,
1998. Deletes or repeals portions of several other Acts, and
amends several other Acts to conform to the repeals. Makes
other changes concerning: (i) the powers, duties, and
functions of various State agencies; and (ii) other matters.
Provides that the Act is intended to repeal or delete
provisions of law that are obsolete or no longer necessary.
Effective July 1, 1998.
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1 AN ACT in relation to the repeal, deletion, and amendment
2 of certain statutory provisions.
3 WHEREAS, It is the intent of the General Assembly that
4 nothing in this Public Act shall be construed to have any
5 effect on (i) any action taken under any provision of law
6 before the repeal or deletion of the provision of law by this
7 Public Act or (ii) any right, remedy, immunity from
8 liability, right or duty of confidentiality, conveyance, or
9 legal status that was created, conferred, or imposed by any
10 provision of law before the repeal or deletion of the
11 provision of law by this Public Act; therefore
12 Be it enacted by the People of the State of Illinois,
13 represented in the General Assembly:
14 ARTICLE 5
15 Section 5-10. The Illinois Administrative Procedure Act
16 is amended by changing Section 5-110 as follows:
17 (5 ILCS 100/5-110) (from Ch. 127, par. 1005-110)
18 Sec. 5-110. Responsibilities of the Joint Committee with
19 respect to proposed rules, amendments, or repealers.
20 (a) The Joint Committee shall examine any proposed rule,
21 amendment to a rule, and repeal of a rule to determine
22 whether the proposed rule, amendment to a rule, or repeal of
23 a rule is within the statutory authority upon which it is
24 based; whether the rule, amendment to a rule, or repeal of a
25 rule is in proper form; and whether the notice was given
26 before its adoption, amendment, or repeal and was sufficient
27 to give adequate notice of the purpose and effect of the
28 rule, amendment, or repeal. In addition, the Joint Committee
29 may consider whether the agency has considered alternatives
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1 to the rule that are consistent with the stated objectives of
2 both the applicable statutes and regulations and whether the
3 rule is designed to minimize economic impact on small
4 businesses.
5 (b) If the Joint Committee objects to a proposed rule,
6 amendment to a rule, or repeal of a rule, it shall certify
7 the fact to the issuing agency and include with the
8 certification a statement of its specific objections.
9 (c) If within the second notice period the Joint
10 Committee certifies its objections to the issuing agency,
11 then that agency shall do one of the following within 90 days
12 after receiving the statement of objection:
13 (1) Modify the proposed rule, amendment, or
14 repealer to meet the Joint Committee's objections.
15 (2) Withdraw the proposed rule, amendment, or
16 repealer in its entirety.
17 (3) Refuse to modify or withdraw the proposed rule,
18 amendment, or repealer.
19 (d) If an agency elects to modify a proposed rule,
20 amendment, or repealer to meet the Joint Committee's
21 objections, it shall make those modifications that are
22 necessary to meet the objections and shall resubmit the rule,
23 amendment, or repealer to the Joint Committee. In addition,
24 the agency shall submit a notice of its election to modify
25 the proposed rule, amendment, or repealer to meet the Joint
26 Committee's objections to the Secretary of State, and the
27 notice shall be published in the first available issue of the
28 Illinois Register, but the agency shall not be required to
29 conduct a public hearing. If the Joint Committee determines
30 that the modifications do not remedy the Joint Committee's
31 objections, it shall so notify the agency in writing and
32 shall submit a copy of that notification to the Secretary of
33 State for publication in the next available issue of the
34 Illinois Register. In addition, the Joint Committee may
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1 recommend legislative action as provided in subsection (g)
2 for agency refusals.
3 (e) If an agency elects to withdraw a proposed rule,
4 amendment, or repealer as a result of the Joint Committee's
5 objections, it shall notify the Joint Committee in writing of
6 its election and shall submit a notice of the withdrawal to
7 the Secretary of State. The notice shall be published in the
8 next available issue of the Illinois Register.
9 (f) Failure of an agency to respond to the Joint
10 Committee's objections to a proposed rule, amendment, or
11 repealer within the time prescribed in subsection (c) shall
12 constitute withdrawal of the proposed rule, amendment, or
13 repealer in its entirety. The Joint Committee shall submit a
14 notice to that effect to the Secretary of State, and the
15 notice shall be published in the next available issue of the
16 Illinois Register. The Secretary of State shall refuse to
17 accept for filing a certified copy of the proposed rule,
18 amendment, or repealer under the provisions of Section 5-65.
19 (g) If an agency refuses to modify or withdraw the
20 proposed rule, amendment, or repealer to remedy an objection
21 stated by the Joint Committee, it shall notify the Joint
22 Committee in writing of its refusal and shall submit a notice
23 of refusal to the Secretary of State. The notice shall be
24 published in the next available issue of the Illinois
25 Register. If the Joint Committee decides to recommend
26 legislative action in response to an agency refusal, then the
27 Joint Committee shall have drafted and introduced into either
28 house of the General Assembly appropriate legislation to
29 implement the recommendations of the Joint Committee.
30 (h) No rule, amendment, or repeal of a rule shall be
31 accepted by the Secretary of State for filing under Section
32 5-65, if the rulemaking is subject to this Section, until
33 after the agency has responded to the objections of the Joint
34 Committee as provided in this Section.
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1 (i) The Joint Committee shall evaluate and analyze all
2 State forms that have been developed or revised after
3 September 7, 1984, to ascertain the burden, if any, of
4 complying with those forms by small businesses. The
5 evaluation and analysis shall occur during the Joint
6 Committee's review conducted under Section 5-130. If the
7 Joint Committee determines that the form is unduly burdensome
8 to small businesses, the Joint Committee may object to the
9 form or make specific recommendations for change in the form.
10 Objections to forms shall be made in the manner prescribed
11 in Section 5-120. For the purposes of this subsection, the
12 terms "State form" and "form" mean any document or piece of
13 paper used by a State agency requesting or transmitting
14 information, printed or reproduced by whatever means, usually
15 with blank spaces for the entry of additional information, to
16 be used in any transaction between the State of Illinois and
17 private sector businesses. These include but are not limited
18 to grant applications, licensing applications, permit
19 applications, and request for proposal applications, but do
20 not include books, pamphlets, newsletters, and intra-agency
21 forms that do not affect the rights of or procedures
22 available to persons or entities outside the State agency.
23 (Source: P.A. 87-823; 88-667, eff. 9-16-94.)
24 Section 5-15. The Official Bond Act is amended by
25 changing Section 2 as follows:
26 (5 ILCS 260/2) (from Ch. 103, par. 2)
27 Sec. 2. It shall be the duty of the Governor, on or
28 before the first day of January and July in each year, and at
29 such other times as in his opinion the interests of the state
30 demands it, to examine and inquire into the sufficiency of
31 the official bonds of the Secretary of the State, State
32 Comptroller, Treasurer, members of the State Board of
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1 Education, Attorney General, Canal Commissioners,
2 Commissioners of the Penitentiary, and all other state
3 officials or agents whose bonds are filed with the Secretary
4 of State; and whenever he shall find any bond insufficient,
5 he shall require sufficient bond to be filed.
6 This Section is repealed on July 1, 1998.
7 (Source: P.A. 81-1508.)
8 Section 5-30. The Attorney General Act is amended by
9 changing Section 2 as follows:
10 (15 ILCS 205/2) (from Ch. 14, par. 2)
11 Sec. 2. Whenever the governor shall deem any bond filed
12 by the attorney general insufficient, the governor may
13 require additional bond, in any penalty not exceeding that
14 specified in Section 1 of this act.
15 This Section is repealed on July 1, 1998.
16 (Source: P.A. 86-962.)
17 Section 5-35. The Secretary of State Act is amended by
18 changing Section 1 as follows:
19 (15 ILCS 305/1) (from Ch. 124, par. 1)
20 Sec. 1. Bond. The Secretary of State shall give bond,
21 before entering upon the duties of his or her office, give
22 bonds, with two or more sufficient sureties, to be approved
23 by the Governor and two justices of the Supreme Court,
24 payable to the People of the State of Illinois, in the penal
25 sum of $100,000 by inclusion in the blanket bond or bonds or
26 self-insurance program provided for in Sections 14.1 and 14.2
27 of the Official Bond Act. The bond shall be, conditioned (i)
28 for the faithful discharge of the Secretary's his duties, and
29 (ii) to deliver up all papers, books, records, and other
30 property appertaining to his or her office, whole, safe, and
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1 undefaced, to the his successor in office, and (iii) to
2 account for and pay over to the State Treasurer all moneys
3 that may be received by the Secretary him as fees of his or
4 her office, as required by law; which bond shall be entered
5 upon the records of his office and deposited in the office of
6 the State Comptroller.
7 (Source: P.A. 78-592.)
8 Section 5-37. The Secretary of State Merit Employment
9 Code is amended by changing Sections 3, 4, 6a, 7, 7a, 7b, 7c,
10 and 8c as follows:
11 (15 ILCS 310/3) (from Ch. 124, par. 103)
12 Sec. 3. Definitions. For the purpose of this Act, unless
13 the context indicates otherwise, the following words shall
14 have the meanings ascribed to them as follows:
15 "Board". The Merit Advisory Board created by this Act.
16 "Commission". The Merit Commission created by this Act.
17 "Department". Department of Personnel-Secretary of State.
18 "Director". Director of the Department of
19 Personnel-Secretary of State.
20 (Source: P.A. 80-13.)
21 (15 ILCS 310/4) (from Ch. 124, par. 104)
22 Sec. 4. Organization. There is created in the Office of
23 the Secretary of State:
24 (a) a Department of Personnel, headed by a Director,
25 which shall be a division of the Office of the Secretary of
26 State with primary responsibility for personnel transactions;
27 and
28 (b) a Merit Advisory Board; and
29 (b) (c) a Merit Commission.
30 (Source: P.A. 80-13.)
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1 (15 ILCS 310/6a) (from Ch. 124, par. 106a)
2 Sec. 6a. Director - powers and duties. The Director
3 shall have the following duties and responsibilities:
4 (1) To apply and carry out this law and the rules
5 adopted hereunder.
6 (2) To attend meetings of the Commission and when
7 requested, of the Merit Advisory Board.
8 (3) To establish and maintain a roster of all employees
9 subject to this Act, in which there shall be set forth, as to
10 each employee, the class, title, pay status, and other
11 pertinent data.
12 (4) Subject to such exemptions or modifications as may
13 be necessary to assure the continuity of federal
14 contributions for positions paid from federal funds, to make
15 appointments to vacancies; to approve all written charges
16 seeking discharge, demotion, or other disciplinary measures
17 provided in this Act and to approve transfers of employees
18 from one geographical area to another in the State.
19 (5) To formulate and administer service wide policies
20 and programs for the improvement of employee effectiveness,
21 including training, safety, health, incentive recognition,
22 counseling, welfare and employee relations.
23 (6) To conduct negotiations affecting pay, hours of
24 work, or other working conditions of employees subject to
25 this Act.
26 (7) To investigate from time to time the operation and
27 effect of this law and the rules made thereunder and to
28 report his findings and recommendations to the Advisory
29 Board, the Commission and the Secretary of State.
30 (8) To make such reports as he may consider desirable,
31 to the Advisory Board, the Commission and the Secretary of
32 State, or as the Secretary of State or, Commission or
33 Advisory Board may request.
34 (9) To enter into agreements with professional or
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1 educational organizations or the Illinois State Department of
2 Central Management Services for the purpose of obtaining
3 professional or technical assistance in the administration of
4 this Act.
5 (10) To perform any other lawful acts necessary or
6 desirable to carry out the purposes and provisions of this
7 law.
8 (Source: P.A. 82-789.)
9 (15 ILCS 310/7) (from Ch. 124, par. 107)
10 Sec. 7. Merit Advisory Board. There shall be a Merit
11 Advisory Board to the Department of Personnel of 5 members,
12 to be appointed by the Secretary of State, who are proficient
13 in the field of personnel administration as a result of
14 training or experience. Not more than 3 members may be
15 affiliated with the same political party.
16 This Section is repealed on July 1, 1998.
17 (Source: P.A. 80-13.)
18 (15 ILCS 310/7a) (from Ch. 124, par. 107a)
19 Sec. 7a. Terms - compensation. Members of the Merit
20 Advisory Board shall initially be appointed as follows:
21 (1) Two members to serve until the 3rd Monday of
22 January, 1979, and until their respective successors are
23 appointed; and
24 (2) Three members to serve until the 3rd Monday of
25 January, 1981, and until their respective successors are
26 appointed.
27 As terms of members so appointed expire, their successors
28 shall be appointed for terms to expire the 3rd Monday in
29 January 4 years thereafter, or until their respective
30 successors are appointed.
31 One member of the Board shall be appointed a chairman by
32 the Secretary of State for a two-year term. The Secretary of
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1 State may appoint the chairman for consecutive terms.
2 The Secretary of State may fill vacancies on the Board.
3 Members of the Board shall receive no compensation for
4 their services, but shall be reimbursed for necessary
5 traveling and other official expenses.
6 This Section is repealed on July 1, 1998.
7 (Source: P.A. 80-13.)
8 (15 ILCS 310/7b) (from Ch. 124, par. 107b)
9 Sec. 7b. Meetings. Meetings of the Merit Advisory Board
10 shall be held at least 4 times a year on call of the
11 chairman, or upon call signed by any 3 members, or upon call
12 by the Director of Personnel. Three members of the Board
13 constitute a quorum.
14 This Section is repealed on July 1, 1998.
15 (Source: P.A. 80-13.)
16 (15 ILCS 310/7c) (from Ch. 124, par. 107c)
17 Sec. 7c. Powers. In addition to the duties imposed
18 elsewhere in this Act, the Merit Commission Advisory Board
19 may:
20 (1) advise the Secretary of State and the Director of
21 Personnel on problems concerning personnel administration.
22 (2) Obtain from the Director of the Department of
23 Personnel and from the Merit Commission such reports as it
24 may consider desirable.
25 (3) Foster the interest of institutions of learning and
26 of industrial, civic, professional and employee organizations
27 in the improvement of personnel standards in the Office of
28 the Secretary of State.
29 (Source: P.A. 80-13.)
30 (15 ILCS 310/8c) (from Ch. 124, par. 108c)
31 Sec. 8c. Duties and powers of the Commission. The Merit
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1 Commission, in addition to any other duties prescribed in
2 this Act, shall have the following duties and powers:
3 (1) Upon written recommendations by the Director of
4 Personnel, to exempt from jurisdiction B of this Act
5 positions which, in the judgment of the Commission, are by
6 their nature highly confidential or involve principal
7 administrative responsibility for the determination of policy
8 or principal administrative responsibility for the way in
9 which policies are carried out. No position which has the
10 powers of a law enforcement officer, except executive
11 security officers, may be exempted under this section.
12 (2) To require such special reports from the Director as
13 it may consider desirable.
14 (3) To disapprove original rules or any part thereof and
15 any amendment thereof within 30 calendar days after the
16 submission of such rules to the Merit Commission by the
17 Director.
18 (4) To disapprove within 30 calendar days from date of
19 submission the position classification plan and any revisions
20 thereof submitted by the Director as provided in the rules.
21 (5) To hear appeals of employees who do not accept the
22 allocation of their positions under the classification plan.
23 (6) To hear and approve or disapprove written charges
24 filed seeking the discharge or demotion of employees or
25 suspension totaling more than 30 calendar days in any 12
26 month period, as provided in Section 9, appeals as provided
27 in Section 9a of this Act, and appeals from transfers from
28 one geographical area in the state to another, and in
29 connection therewith to administer oaths, subpoena witnesses
30 and compel the production of books and papers.
31 (7) (Blank). To furnish reports requested by the Merit
32 Advisory Board.
33 (8) To make an annual report regarding the work of the
34 Commission to the Secretary of State, such report to be a
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1 public record.
2 (9) If any violation of this Act is found, the
3 Commission shall direct compliance in writing.
4 (10) To appoint such employees, experts and special
5 assistants as may be necessary to carry out the powers and
6 duties of the commission under this Act. Employees, experts
7 and special assistants so appointed by the Commission shall
8 be subject to jurisdictions A, B and C of this Act.
9 (11) To promulgate rules and regulations necessary to
10 carry out and implement their powers and duties under this
11 Act, with authority to amend such rules from time to time
12 pursuant to The Illinois Administrative Procedure Act.
13 (12) Within one year of the effective date of this
14 amendatory Act of 1985, the Commission shall adopt rules and
15 regulations which shall include all Commission policies
16 implementing its duties under Sections 8, 9, 10 and 15 of
17 this Act. These rules and regulations shall include, but not
18 be limited to, the standards and criteria used by the
19 Commission and Hearing Officers in making discretionary
20 determinations during hearing procedures.
21 (13) To hear or conduct investigations as it deems
22 necessary of appeals of layoff filed by employees appointed
23 under Jurisdiction B after examination, provided that such
24 appeals are filed within 15 calendar days following the
25 effective date of such layoff and are made on the basis that
26 the provisions of the Secretary of State Merit Employment
27 Code or the rules promulgated thereunder have been violated
28 or have not been complied with. All hearings shall be public.
29 A decision shall be rendered within 60 days after receipt of
30 the transcript of the proceedings. The Commission shall
31 order the reinstatement of the employee if it is proven that
32 the provisions of the Secretary of State Merit Employment
33 Code or the rules promulgated thereunder have been violated
34 or have not been complied with. In connection therewith the
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1 Commission may administer oaths, subpoena witnesses, and
2 compel the production of books and papers.
3 (Source: P.A. 84-793.)
4 Section 5-45. The State Comptroller Act is amended by
5 changing Section 3 as follows:
6 (15 ILCS 405/3) (from Ch. 15, par. 203)
7 Sec. 3. Oath and Bond. Before entering upon the duties of
8 his or her office, the Comptroller shall take and subscribe
9 to the oath or affirmation prescribed by Article XIII,
10 Section 3 of the constitution and shall give bond, with 2 or
11 more sureties to be approved by the Governor and 2 justices
12 of the Supreme Court, payable to the People of the State of
13 Illinois in the sum of $1,000,000 by inclusion in the blanket
14 bond or bonds or self insurance program provided for in
15 Sections 14.1 and 14.2 of the Official Bond Act. The bond
16 shall be and conditioned (i) on the faithful discharge of the
17 Comptroller's his duties, (ii) on the delivery of all papers,
18 books, records, and other property appertaining to his or her
19 office, whole, safe, and undefaced, to the his successor in
20 office, and (iii) on the Comptroller his giving such
21 additional bonds, with sufficient sureties, as may be legally
22 required.
23 Whenever he considers any bond filed by the comptroller
24 to be insufficient, the Governor may require additional bond,
25 in any penalty not exceeding $1,000,000.
26 The oath or affirmation and each bond required by this
27 Section shall be filed in the office of the Secretary of
28 State.
29 (Source: P.A. 77-2807.)
30 Section 5-50. The State Treasurer Act is amended by
31 changing Sections 1, 3, and 6 as follows:
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1 (15 ILCS 505/1) (from Ch. 130, par. 1)
2 Sec. 1. Bond. That the Treasurer of this State shall
3 give bond, before entering upon the duties of his or her
4 office, give bond with two or more sufficient sureties, to be
5 approved by the Governor and two justices of the Supreme
6 Court, payable to the People of the State of Illinois, in the
7 penal sum of $500,000 by inclusion in the blanket bond or
8 bonds or self-insurance program provided for in Sections 14.1
9 and 14.2 of the Official Bond Act. The bond shall be,
10 conditioned (i) for the faithful discharge of the Treasurer's
11 his duties, and (ii) to deliver up all moneys, papers, books,
12 records, and other property appertaining to his or her
13 office, whole, safe, and undefaced, to the his successor in
14 office, and (iii) that the Treasurer he will give additional
15 bonds, with sufficient sureties, when legally required; which
16 bond shall be filed in the office of the Secretary of State.
17 (Source: Laws 1873, p. 186.)
18 (15 ILCS 505/3) (from Ch. 130, par. 3)
19 Sec. 3. Whenever the Governor shall deem any bond filed
20 by the treasurer insufficient, he may require additional
21 bond, in any penalty not exceeding that specified in Section
22 1 hereof.
23 This Section is repealed on July 1, 1998.
24 (Source: Laws 1873, p. 186.)
25 (15 ILCS 505/6) (from Ch. 130, par. 6)
26 Sec. 6. Whenever the condition of the bond of the
27 Treasurer is broken, it shall be the duty of the Governor to
28 order the same to be prosecuted. Suit may be instituted and
29 prosecuted thereon to final judgment against the Treasurer or
30 his sureties, or one or more of them, jointly or severally,
31 without first establishing the liability of the Treasurer, by
32 obtaining judgment against him alone.
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1 This Section is repealed on July 1, 1998.
2 (Source: Laws 1873, p. 186.)
3 Section 5-55. The Civil Administrative Code of Illinois
4 is amended by changing Sections 6.28, 7.01, and 15 as
5 follows:
6 (20 ILCS 5/6.28) (from Ch. 127, par. 6.28)
7 Sec. 6.28. In the Department of Employment Security. An
8 Employment Security Advisory Board A Board of Unemployment
9 Compensation and Free Employment Office Advisors, composed of
10 9 persons.
11 (Source: P.A. 83-1503.)
12 (20 ILCS 5/7.01) (from Ch. 127, par. 7.01)
13 Sec. 7.01. Employment Security Advisory Board; members.
14 Of the 9 nine members of the Employment Security Advisory
15 Board of Unemployment Compensation and Free Employment Office
16 Advisors, 3 three members shall be representative citizens
17 chosen from the employee class, 3 three members shall be
18 representative citizens chosen from the employing class, and
19 3 three members shall be representative citizens not
20 identified with either the employing or employee classes.
21 Of the five local Illinois Free employment office
22 advisors, two shall be representative citizens of the
23 employee class, two shall be representative citizens chosen
24 from the employing class, and the other shall be a
25 representative citizen not identified with either the
26 employing or employee classes.
27 (Source: Laws 1957, p. 1270.)
28 (20 ILCS 5/15) (from Ch. 127, par. 15)
29 Sec. 15. Bond. Each executive and administrative officer
30 whose office is created by this Act, or by any amendments
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1 thereto, shall give bond, before entering upon the discharge
2 of the duties of his or her office by inclusion in the
3 blanket bond or bonds or self-insurance program provided for
4 in Sections 14.1 and 14.2 of the Official Bond Act , qualify
5 for the office by executing a bond and filing the bond in the
6 office of the Secretary of the State.
7 All official bonds required to be executed and filed
8 pursuant to this Section shall be executed with security to
9 be approved by the Governor and in such penal sum as shall be
10 fixed by the Governor, not less in any case than ten thousand
11 dollars, and which bond shall be conditioned for the faithful
12 performance of the officer's duties.
13 All official bonds required to be executed and filed
14 under pursuant to this Section are subject to the
15 requirements of the Official Bond Act "An Act to revise the
16 law in relation to official bonds", approved March 13, 1874,
17 as now or hereafter amended.
18 (Source: P.A. 79-1348.)
19 Section 5-65. The Forms Management Program Act is
20 amended by changing the title of the Act and Sections 1, 2,
21 3, 4, 5.1, and 6 as follows:
22 (20 ILCS 435/Act title)
23 An Act relating to State government; declaring the
24 legislative intent to obtain and maintain the simplification
25 and reduction of forms, surveys, and other documents as used
26 within State agencies and as required from the private
27 business sectors; providing for the establishment of a
28 Statewide Forms Management Program within the Department of
29 Administrative Services; providing for interagency
30 coordination; providing for training and instruction to State
31 agencies on form management techniques; providing for
32 periodic evaluation of the program's effectiveness and
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1 requiring an annual report; and to amend Sections of other
2 Acts therein named.
3 (20 ILCS 435/1) (from Ch. 127, par. 1401)
4 Sec. 1. Short title. This Act may be cited as the Forms
5 Notice Management Program Act.
6 (Source: P.A. 86-1475.)
7 (20 ILCS 435/2) (from Ch. 127, par. 1402)
8 Sec. 2. Legislative Findings and Purpose. The General
9 Assembly finds that:
10 (a) The information and paperwork explosion of recent
11 years has placed a large burden and expense on all
12 organizations, both public and private;
13 (b) The economic viability of some organizations is
14 threatened by the continued growth in governmental paperwork;
15 (c) A modern administrative technique that has proven to
16 be a valuable tool in helping organizations of all sizes
17 reduce costs and minimize the impact and expenses
18 accompanying the growth in governmental paperwork is a
19 function called "forms management".
20 Therefore the purpose of this Act is to add within the
21 Department of Central Management Services an activity to be
22 known as the "Forms Management Center" for the coordination,
23 orderly design, implementation, and maintenance of a
24 Statewide Form Management Program with the stated purpose to
25 simplify, consolidate, or eliminate when and where expedient
26 the forms, surveys, and other documents used by State
27 agencies. Particular emphasis shall be directed to
28 determining the necessity of information, records, and
29 reports sought through such forms, surveys, and other
30 documents from private business, agriculture, and local
31 governments.
32 This Section is repealed on July 1, 1998.
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1 (Source: P.A. 82-789.)
2 (20 ILCS 435/3) (from Ch. 127, par. 1403)
3 Sec. 3. The Director of the Department of Central
4 Management Services shall establish and staff an activity
5 within the department to be known as the "Forms Management
6 Center".
7 This Section is repealed on July 1, 1998.
8 (Source: P.A. 82-789.)
9 (20 ILCS 435/4) (from Ch. 127, par. 1404)
10 Sec. 4. Definition. The Director, acting through the
11 Forms Management Center, is authorized and empowered to:
12 (1) Establish a Statewide Forms Management Program for
13 all State agencies and provide assistance in establishing
14 internal forms management capabilities;
15 (2) Study, develop, coordinate, and initiate forms of
16 interagency and common administrative usage, and establish
17 basic State design and specification criteria to effect
18 standardization of State forms;
19 (3) Provide assistance to State agencies for economical
20 forms design and forms art work composition and establish and
21 supervise control procedures to prevent the undue creation
22 and reproduction of State forms;
23 (4) Provide assistance, training and instruction in
24 forms management techniques to State agencies, forms
25 management representatives and departmental forms
26 coordinators, and provide direct administrative and forms
27 management assistance to new State organizations as they are
28 created;
29 (5) Maintain a central cross index of State forms to
30 facilitate the standardization of such forms, to eliminate
31 redundant forms, and to provide a central source of
32 information on forms usage and availability;
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1 (6) Utilize appropriate procurement techniques to take
2 advantage of competitive bidding, consolidated orders and
3 contract procurement of forms, and work toward more
4 efficient, economical and timely procurement, receipt,
5 storage and distribution of State forms;
6 (7) Coordinate the forms management program with the
7 existing State archives and records management program to
8 insure timely disposition of outdated forms and related
9 records;
10 (8) Conduct periodic evaluation of the effectiveness of
11 the overall forms management program and the forms management
12 practices of the individual State agencies, and maintain
13 records which indicate dollar savings, and the number of
14 forms eliminated, simplified or standardized, through
15 centralized forms management. Results of this evaluation
16 shall be reported annually on September 30 to the General
17 Assembly;
18 (9) Delegate authority, pursuant to procedures
19 authorized by himself, to State agencies where such
20 delegation will result in the most timely and economical
21 method of accomplishing the responsibilities set forth in
22 this Act. A determination to delegate such authority may,
23 among other matters, take into consideration the benefits of
24 central management of any form or forms in relationship to
25 the costs related to such management.
26 (10) Develop and promulgate rules and standards to
27 implement the overall purposes of this Act.
28 (11) The rules and standards authorized by Section 4(10)
29 of this Act shall provide, among other matters which are not
30 in conflict with the policies and principles herein set
31 forth:
32 a. That after a date to be determined by the Forms
33 Management Center, no State agency shall utilize any form
34 outside such agency until and unless such form has been
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1 approved by the Forms Management Center, or unless the
2 management of such form has been delegated to such
3 agency.
4 b. That the notice required by Section 5 of this
5 Act shall appear in a standard place and in a standard
6 manner and shall include specified indicia of approval by
7 the Forms Management Center.
8 c. That forms required by a State agency on a
9 emergency basis may be given interim approval by the
10 Forms Management Center if such form is accompanied by a
11 letter from the Director or head of such agency, setting
12 forth the nature of such emergency and requesting interim
13 approval and is filed with the Forms Management Center.
14 As used in this Act the term "state agency" means and
15 includes all boards, commissions, agencies, institutions,
16 authorities, bodies politic and corporate of the State
17 created by or pursuant to the constitution or statute, of the
18 executive branch of State government; However, such term does
19 not include colleges, universities and institutions under the
20 jurisdiction of the Board of Trustees of the University of
21 Illinois, the Board of Trustees of Southern Illinois
22 University, the Board of Trustees of Chicago State
23 University, the Board of Trustees of Eastern Illinois
24 University, the Board of Trustees of Governors State
25 University, the Board of Trustees of Illinois State
26 University, the Board of Trustees of Northeastern Illinois
27 University, the Board of Trustees of Northern Illinois
28 University, the Board of Trustees of Western Illinois
29 University, the Board of Higher Education, or the Illinois
30 Community College Board. However, any State officer or
31 agency which is not included in the foregoing definition may
32 elect to participate in the Forms Management Program and to
33 commit that office or agency to comply with the requirements
34 of this Act.
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1 (Source: P.A. 89-4, eff. 1-1-96.)
2 (20 ILCS 435/5.1) (from Ch. 127, par. 1405.1)
3 Sec. 5.1. If a State agency fails to comply with Section
4 4 or 5 of this Act, a business, agricultural enterprise or
5 local government shall be relieved of its obligation to
6 respond to any request for information or to submit or file
7 forms to that agency, provided that such information or form
8 relates to the agency's noncompliance.
9 Any business, agricultural enterprise or local government
10 failing to respond to a request for information or to submit
11 a form requested by a State agency pursuant to this Section
12 shall not be subject to any penalty or fine.
13 (Source: P.A. 84-1066.)
14 (20 ILCS 435/6) (from Ch. 127, par. 1406)
15 Sec. 6. Each such agency shall appoint a forms
16 management representative and provide necessary assistance to
17 implement the State Forms Management Program within the
18 agency.
19 This Section is repealed on July 1, 1998.
20 (Source: P.A. 80-1338.)
21 Section 5-75. The Civil Administrative Code of Illinois
22 is amended by changing Section 65.4 as follows:
23 (20 ILCS 510/65.4) (from Ch. 127, par. 63b11.4)
24 Sec. 65.4. To exercise the powers and fulfill the duties
25 assigned the Department by the Juvenile Court Act of 1987,
26 "An Act to aid industrial schools for girls", approved May
27 29, 1879, and "An Act to provide for and aid training schools
28 for boys", approved June 18, 1883, as such Acts are
29 heretofore and hereafter amended.
30 (Source: P.A. 85-1209.)
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1 Section 5-80. The Civil Administrative Code of Illinois
2 is amended by changing Section 46.50 as follows:
3 (20 ILCS 605/46.50) (from Ch. 127, par. 46.50)
4 Sec. 46.50. To enter into an agreement or contract with
5 a college, university, private group, organization or other
6 entity to conduct a comprehensive Statewide survey of
7 infrastructure needs in Illinois.
8 This Section is repealed on July 1, 1998.
9 (Source: P.A. 84-109.)
10 Section 5-90. The Civil Administrative Code of Illinois
11 is amended by changing Sections 63a13, 63a27, 63a35, and
12 63b2.7 as follows:
13 (20 ILCS 805/63a13) (from Ch. 127, par. 63a13)
14 Sec. 63a13. To erect, supervise and maintain all public
15 monuments and memorials erected by the State on properties
16 under the jurisdiction of the Department of Natural
17 Resources, except when the supervision and maintenance
18 thereof is otherwise provided by law. Under the power granted
19 by this Section the Department shall (i) provide a site in
20 Rock Cut State Park for the Winnebago County Vietnam
21 Veterans' Memorial; and (ii) allow the Vietnam Veterans'
22 Honor Society to erect the Memorial of an agreed design.
23 (Source: P.A. 87-189.)
24 (20 ILCS 805/63a27) (from Ch. 127, par. 63a27)
25 Sec. 63a27. To sell gravel and other materials. (a) To
26 sell gravel, sand, earth or other material from any State of
27 Illinois owned lands or waters under the jurisdiction of the
28 Department at a fair market price. The proceeds from such
29 sales shall be deposited in the Wildlife and Fish Fund in the
30 State treasury.
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1 (b) Notwithstanding the provisions of subsection (a) and
2 taking into consideration the cooperation received by the
3 State from the Lake County Forest Preserve District in the
4 development of the North Point Marina project, the Department
5 is authorized and directed to sell to the Lake County Forest
6 Preserve District 25,000 cubic yards of sand for the purpose
7 of constructing a swimming beach upon receipt of $1 in
8 consideration.
9 (Source: P.A. 85-1010.)
10 (20 ILCS 805/63a35) (from Ch. 127, par. 63a35)
11 Sec. 63a35. To print and issue stamps portraying the
12 wildlife of the State. This stamp shall be identified as a
13 wildlife conservation stamp and the fee for each stamp shall
14 be $5. The purchase of wildlife conservation stamps shall
15 provide no privileges to the purchaser, but merely recognizes
16 the person as voluntarily contributing to the management,
17 protection and preservation of the wildlife resources and
18 habitats of the State. All moneys received from the sale of
19 wildlife conservation stamps, sale of original artwork,
20 reprints, patches and related program income shall be
21 deposited in the Wildlife Conservation Fund. All monies
22 deposited as a result of this program shall be used for the
23 management, protection and preservation of the wildlife
24 resources and habitats in this State and to pay the costs of
25 printing and distributing the stamps.
26 This Section is repealed on July 1, 1998.
27 (Source: P.A. 83-1362; 83-1486.)
28 (20 ILCS 805/63b2.7) (from Ch. 127, par. 63b2.7)
29 Sec. 63b2.7. To expend monies in the All-terrain Vehicle
30 Safety Act Fund pursuant to appropriation for the purposes of
31 refunding registration fees paid under the All-terrain
32 Vehicle Safety Act and other expenses associated with the
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1 termination of the Fund and the repeal of the All-terrain
2 Vehicle Safety Act through June 30, 1991, and to direct the
3 State Comptroller and State Treasurer to transfer the
4 remaining balance in the Fund on July 1, 1991, to the Motor
5 Fuel Tax Fund.
6 This Section is repealed on July 1, 1998.
7 (Source: P.A. 86-1091.)
8 Section 5-95. The Civil Administrative Code of Illinois
9 is amended by changing Sections 43a.01 and 43a.09 as follows:
10 (20 ILCS 1005/43a.01) (from Ch. 127, par. 43a.01)
11 Sec. 43a.01. Public employment offices. To exercise the
12 rights, powers, and duties vested by law in the
13 superintendents and assistant superintendents of free
14 employment offices, general advisory board of public free
15 employment offices, local advisory boards of public free
16 employment offices, and other officers and employees of
17 public free employment offices.
18 (Source: P.A. 83-1503.)
19 (20 ILCS 1005/43a.09) (from Ch. 127, par. 43a.09)
20 Sec. 43a.09. Administration of Unemployment Insurance
21 Act. To administer the provisions of "the Unemployment
22 Insurance Compensation Act," approved June 30, 1937, as
23 amended, insofar as those such provisions relate to the
24 powers and duties of the Director of the Department of
25 Employment Security.
26 (Source: P.A. 83-1503.)
27 Section 5-100. The Public Employment Office Act is
28 amended by changing Sections 1, 1a, 1c, 3, 4, 4a, 5, 8.1, and
29 8.3 as follows:
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1 (20 ILCS 1015/1) (from Ch. 48, par. 173)
2 Sec. 1. Public employment offices; establishment. The
3 Department of Employment Security is authorized to establish
4 and maintain public free employment offices, for the purpose
5 of receiving applications of persons seeking employment and
6 applications of persons seeking to employ labor, as follows:
7 One in each city, village or incorporated town of not less
8 than twenty-five thousand population; one in two or more
9 contiguous cities, villages or incorporated towns having an
10 aggregate or combined population of not less than twenty-five
11 thousand; and in each city containing a population of one
12 million or over, one central office with as many departments
13 as would be practical to handle the various classes of labor,
14 and such branch offices not to exceed five at any one time,
15 the location of branch offices to be approved by the
16 Governor. Those Such offices shall be designated and known as
17 Illinois Public Free Employment Offices.
18 (Source: P.A. 83-1503.)
19 (20 ILCS 1015/1a) (from Ch. 48, par. 174)
20 Sec. 1a. Unemployment; investigate and remedy. The State
21 Department of Employment Security shall promote advise and
22 cooperate with the secretary of the Bureau of Labor
23 Statistics in promoting the efficiency of the said Illinois
24 Public Free Employment Offices, and investigate in the
25 investigation of the extent and causes of unemployment and
26 its the remedies, therefor and devise and adopt the most
27 effectual means within the Department's their power to
28 provide employment and to prevent distress and involuntary
29 idleness, and for that purpose the Department may cooperate
30 with similar bureaus and commissions of other states, with
31 the Federal employment office in the Department of Labor, and
32 with any municipal employment bureaus and exchanges.
33 (Source: P.A. 83-1503.)
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1 (20 ILCS 1015/1c) (from Ch. 48, par. 176)
2 Sec. 1c. Cooperation of employers. The Department of
3 Employment Security in cooperation with the Secretary of the
4 Bureau of Labor Statistics shall place itself themselves in
5 communication with large employers of labor, including
6 municipal and other public authorities, and attempt to bring
7 about such cooperation and coordination between them by the
8 dovetailing of industries, by long time contracts, or
9 otherwise, as will most effectually distribute and utilize
10 the available supply of labor and keep it employed with the
11 greatest possible constancy and regularity. The Department
12 They shall devise plans of operation with this object in view
13 and shall seek to induce the organization of concerted
14 movements in this direction. The Department They shall also
15 endeavor to enlist the aid of the federal government in
16 extending these movements beyond the State.
17 (Source: P.A. 83-1503.)
18 (20 ILCS 1015/3) (from Ch. 48, par. 179)
19 Sec. 3. Employment offices; signs; registration. The
20 Department of Employment Security shall, in each city, open
21 and maintain offices as an office in the locality agreed upon
22 between the Department and the secretary of the Bureau of
23 Labor Statistics as being most appropriate for the purpose
24 intended. Upon the outside of each such office, in position
25 and manner to secure the fullest public attention, shall be
26 placed a sign that reads which shall read in the English
27 language, "Illinois Public Free Employment Office also known
28 as the Job Service" , and such sign shall appear either upon
29 the outside windows or upon signs in such other languages as
30 the location of each such office shall render advisable. The
31 Department shall receive and register the names of all
32 persons applying for employment or help, designating opposite
33 the names and addresses of each applicant, the character of
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1 employment or help desired upon the blank form furnished by
2 the Bureau of Labor Statistics, together with such other
3 facts as may be required or by the Bureau of Labor Statistics
4 to be used by the Department such Bureau: However, no record
5 shall be open to public inspection at any time, and such
6 statistical and sociological data as the Bureau of Labor
7 Statistics may require shall be held in confidence by such
8 Bureau and so published as not to reveal the identity of any
9 one. Any applicant who shall decline to furnish answers to
10 the questions contained in the application blanks shall not
11 thereby forfeit any rights to any employment the office might
12 secure.
13 (Source: P.A. 83-1503.)
14 (20 ILCS 1015/4) (from Ch. 48, par. 180)
15 Sec. 4. Reports to U.S. Department of Labor. The
16 Department of Employment Security shall make available to the
17 U.S. Department of Labor secretary of the Bureau of Labor
18 Statistics such reports of application for labor or
19 employment, and other details of the work of each office and
20 the expenses of maintaining the same, and shall perform such
21 other duties in the collection of statistics of labor as the
22 U.S. Department of Labor secretary of the Bureau of Labor
23 Statistics may require.
24 (Source: P.A. 83-1503.)
25 (20 ILCS 1015/4a) (from Ch. 48, par. 181)
26 Sec. 4a. The secretary of the Bureau of Labor Statistics
27 shall cause to be published an annual report concerning the
28 work of the various offices for the year ending September 30
29 together with a statement of the expenses of same.
30 This Section is repealed on July 1, 1998.
31 (Source: Laws 1915, p. 414.)
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1 (20 ILCS 1015/5) (from Ch. 48, par. 182)
2 Sec. 5. Advertisements. The Department of Employment
3 Security shall immediately put itself in communication with
4 the principal manufacturers, merchants, and other employers
5 of labor, and use all diligence in securing the cooperation
6 of those the said employers of labor, with the purpose and
7 objects of the employment offices. To this end the Department
8 may advertise in the columns of newspapers, or other mediums,
9 for such situations as it has applicants to fill, and it may
10 advertise in a general way for the cooperation of large
11 contractors and employers in such trade journals or special
12 publications as reach those such employers, whether the such
13 trade or special journals are published within the State of
14 Illinois or not.
15 Full information shall be given to applicants regarding
16 the existence of any strike or lockout in the establishment
17 of any employer seeking workers through the Illinois Public
18 Free Employment Offices.
19 (Source: P.A. 83-1503.)
20 (20 ILCS 1015/8.1) (from Ch. 48, par. 184.1)
21 Sec. 8.1. Farmworkers. The Department of Employment
22 Security shall proscribe the recruitment by Illinois
23 employers of farmworkers unless the such employer files a
24 statement with the Job Illinois State Employment Service and
25 the Department setting forth the terms and conditions, and
26 the existence of any strike, or other concerted stoppage,
27 slowdown, or interruption of operations by employees of that
28 such employer at the site of the proposed employment,
29 directly relating to the employment offered to the
30 farmworkers so recruited. A copy of the such statement in
31 English and the language in which the farmworker is fluent
32 shall be given to each farmworker prior to recruitment by the
33 employer so recruiting. The statement shall be made on a form
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1 provided to employers by the Job Illinois State Employment
2 Service on request. A copy of this statement, in both
3 English and the languages in which the farmworkers are
4 fluent, shall be posted by the employer in a conspicuous
5 location at the place of residence or employment of the
6 recruited persons. As used in this Section and Section 8.2,
7 "farmworker" means any person who moves seasonally from one
8 place to another, within or without the State, for the
9 purpose of obtaining employment relating to the planting,
10 raising, or harvesting of any agricultural or horticultural
11 commodities, or the handling, packing, or processing of those
12 such commodities on the farm where produced or at the place
13 of first processing after leaving that such farm.
14 (Source: P.A. 83-1503.)
15 (20 ILCS 1015/8.3) (from Ch. 48, par. 184.3)
16 Sec. 8.3. Report of violations. Each local office of the
17 Job Illinois State Employment Service shall transmit to the
18 Attorney General of the State of Illinois and to the
19 appropriate State's Attorney allegations of violations of
20 Sections 8.1 and 8.2. Any such violation shall be punished as
21 a Class A misdemeanor.
22 (Source: P.A. 77-2830.)
23 Section 5-105. The Natural Resources Act is amended by
24 changing Sections 14 and 16 as follows:
25 (20 ILCS 1105/14) (from Ch. 96 1/2, par. 7414)
26 Sec. 14. Illinois Superconductivity Coordinating
27 Council. (a) There shall be established, within the
28 Department, The Illinois Superconductivity Coordinating
29 Council, hereinafter in this Section called the Council. The
30 Council shall be composed of 9 voting members including the
31 Director of the Department or his designee, who shall be
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1 Chairman thereof; the Director of the Department of Commerce
2 and Community Affairs or his designee; the Director of the
3 Illinois Board of Higher Education or his designee; and 6
4 persons appointed by the Governor, including 2
5 representatives from electric utilities companies regulated
6 by the Illinois Commerce Commission, one of which serves a
7 population of over 5 million customers, and 3 representatives
8 of Illinois businesses with commercial interests in
9 superconducting technologies including one from a business of
10 100 employees or less and one representative from the
11 financial and investment sector. The 6 appointed members
12 shall serve for terms of 2 years, with initial terms that
13 shall expire on July 1, 1991, except that the Governor shall
14 designate 2 of the original appointees to serve initial terms
15 that shall expire on July 1, 1990.
16 The Council shall meet at least twice a year or at the
17 call of the Chairman. At any time the majority of the
18 Council may petition the Chairman for a meeting of the
19 Council. Five members of the Council shall constitute a
20 quorum. Members of the Council shall be reimbursed for
21 actual and necessary expenses incurred while performing their
22 duties as members of the Council.
23 (b) The Council shall have the following powers and
24 duties:
25 1. To support applied superconductivity research
26 projects in areas with commercial applications between
27 Illinois industry, universities, and not for profit research
28 institutions; establishment of consortia; and support of
29 staff exchanges.
30 2. To enhance the network for Illinois
31 university-industrial-federal laboratory interaction.
32 3. To establish a data base and disseminate information
33 on superconductivity research being conducted in the state.
34 4. To identify industrial applications and commercial
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1 opportunities for Illinois businesses.
2 5. To conduct technical and educational workshops and
3 conferences.
4 6. To prepare and distribute marketing brochures,
5 technical publications and videos.
6 7. To submit an annual report to the Governor and the
7 General Assembly outlining the progress and accomplishments
8 made in the year, providing an accounting of funds received
9 and disbursed, reviewing the status of research contracts,
10 and furnishing other relevant information.
11 8. To focus on existing superconductivity efforts in
12 carrying out its mission. The Council shall attempt to make
13 use of existing research facilities in Illinois or other
14 institutions carrying out research on superconductivity. As
15 far as practicable, the Council shall make maximum use of the
16 research facilities available at universities and colleges
17 and other not for profit research laboratories within the
18 State of Illinois.
19 9. To encourage through interchange with existing
20 research programs the development and strengthening of
21 superconductivity research at other educational and research
22 institutions in Illinois.
23 10. To coordinate the research efforts among various
24 agencies, departments, universities or organizations in order
25 to avoid duplication of effort and expense.
26 11. To adopt guidelines and bylaws governing its
27 organization, the conduct of business, and the exercise of
28 its powers and duties.
29 12. To review and advise on the expenditure of monies
30 appropriated consistent with the purposes of this Section.
31 13. To publish, from time to time, the results of
32 Illinois superconductivity research projects funded through
33 the Council.
34 (c) This Section is repealed on July 1, 1998.
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1 (Source: P.A. 86-258.)
2 (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
3 Sec. 16. Battery Task Force.
4 (a) Within the Department is created a Battery Task
5 Force to be comprised of (i) the Director of the Department
6 who shall serve as chair of the Task Force; (ii) the Director
7 of the Environmental Protection Agency; (iii) the Director
8 of the Hazardous Waste Research and Information Center; and
9 (iv) 15 persons who shall be appointed by the Director of the
10 Department, including 2 persons representing an environmental
11 organization, 2 persons representing the battery cell
12 industry, 2 persons representing the rechargeable powered
13 tool/device industry, 3 representatives from local government
14 with residential recycling programs (including one from a
15 municipality with more than a million people), one person
16 representing the retail industry, one person representing a
17 consumer group, 2 persons representing the waste management
18 industry, one person representing a recycling firm, and one
19 person representing a citizens' group active in local solid
20 waste issues.
21 (b) The Task Force shall prepare a report of its
22 findings and recommendations and shall present the report to
23 the Governor and the General Assembly on or before April 1,
24 1993. Among other things, the Task Force shall evaluate:
25 (1) collection, storage, and processing systems for
26 the recycling and proper management of common household
27 batteries and rechargeable battery products generated by
28 consumers, businesses, institutions, and governmental
29 units;
30 (2) public education programs that promote waste
31 reduction, reuse, and recycling strategies for household
32 batteries;
33 (3) disposal bans on specific household batteries
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1 or rechargeable battery products;
2 (4) management options for rechargeable tools and
3 appliances;
4 (5) technical and financial assistance programs for
5 local governments;
6 (6) guidelines and regulations for the storage,
7 transportation, and disposal of household batteries;
8 (7) labeling requirements for household batteries
9 and battery packaging;
10 (8) metal content limits and sale restrictions for
11 carbon-zinc, nickel-cadmium, and button batteries;
12 (9) market development options for materials
13 recovered from household batteries;
14 (10) industry waste reduction developments,
15 including substitution of longer-life, rechargeable and
16 recyclable batteries, substitution of alternative
17 products which do not require batteries, increased use of
18 power-source adapters, and use of replaceable batteries
19 in battery-powered appliances; and
20 (11) the feasibility of reverse distribution of
21 batteries.
22 The Task Force shall review, evaluate, and compare
23 existing battery management and collection systems and
24 studies including those used from other states, the European
25 Community, and other major industrial nations. The Task Force
26 shall consult with manufacturers and the public to determine
27 the most cost effective and efficient means for battery
28 management.
29 This Section is repealed on July 1, 1998.
30 (Source: P.A. 87-1250; 88-45.)
31 Section 5-120. The Civil Administrative Code of Illinois
32 is amended by changing Sections 43.01, 43.03, 43.04, 43.05,
33 and 43.19 as follows:
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1 (20 ILCS 1505/43.01) (from Ch. 127, par. 43.01)
2 Sec. 43.01. To exercise the rights, powers and duties
3 vested by law in the commissioners of labor, the secretary,
4 other officers and employees of said commissioners of labor.
5 This Section is repealed on July 1, 1998.
6 (Source: Laws 1953, p. 1442.)
7 (20 ILCS 1505/43.03) (from Ch. 127, par. 43.03)
8 Sec. 43.03. To exercise the rights, powers and duties
9 vested by law in the chief inspector of private employment
10 agencies, inspectors of private employment agencies, their
11 subordinate officers and employees.
12 This Section is repealed on July 1, 1998.
13 (Source: Laws 1953, p. 1442.)
14 (20 ILCS 1505/43.04) (from Ch. 127, par. 43.04)
15 Sec. 43.04. To exercise the rights, powers and duties
16 vested by law in the chief factory inspector, assistant chief
17 factory inspector, deputy factory inspector, and all other
18 officers and employees of the State factory inspection
19 service.
20 This Section is repealed on July 1, 1998.
21 (Source: Laws 1953, p. 1442.)
22 (20 ILCS 1505/43.05) (from Ch. 127, par. 43.05)
23 Sec. 43.05. To exercise the rights, powers and duties
24 vested by law in the State Board of Arbitration and
25 Conciliation, its officers and employees.
26 This Section is repealed on July 1, 1998.
27 (Source: Laws 1953, p. 1442.)
28 (20 ILCS 1505/43.19) (from Ch. 127, par. 43.19)
29 Sec. 43.19. To transfer jurisdiction of any realty under
30 the control of the Department to any other Department of the
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1 State Government, or to acquire or accept Federal lands, when
2 such transfer, acquisition or acceptance is advantageous to
3 the State and is approved in writing by the Governor.
4 This Section is repealed on July 1, 1998.
5 (Source: Laws 1953, p. 1442.)
6 Section 5-125. The Illinois Lottery Law is amended by
7 changing Section 28 as follows:
8 (20 ILCS 1605/28) (from Ch. 120, par. 1178)
9 Sec. 28. All rights, powers and duties vested in the
10 Department of Revenue or any office, division or bureau
11 thereof by this Act and all rights, powers and duties
12 incidental thereto are transferred to the Department of the
13 Lottery.
14 The Division of the State Lottery established within the
15 Department of Revenue is abolished. Personnel previously
16 assigned to the Division of the State Lottery are transferred
17 to the Department of the Lottery. However, the rights of the
18 employees, the State and its agencies under the Personnel
19 Code or any collective bargaining agreement or under any
20 pension, retirement or annuity plan shall not be affected by
21 this transfer.
22 All books, records, papers, documents, real and personal
23 property, unexpended appropriations and pending business in
24 any way pertaining to the rights, powers and duties
25 transferred by this Section from the Department of Revenue to
26 the Department of the Lottery shall be delivered to the
27 Department of the Lottery.
28 The rights, powers and duties transferred by this Section
29 to the Department of the Lottery shall be vested in and shall
30 be exercised by this Department subject to the provisions of
31 this amendatory Act of 1986. Each act done in the exercise
32 of such rights, powers and duties shall have the same legal
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1 effect as if done by the Department of Revenue, the former
2 State Lottery Division or Lottery Control Board or officers
3 or employees thereof.
4 Every person or corporation shall be subject to the same
5 obligations, duties and any penalties, civil or criminal,
6 arising therefrom and shall have the same rights arising from
7 the exercise of such rights, powers and duties as if such
8 rights, powers and duties had been exercised by the
9 Department of Revenue, the former State Lottery Division or
10 Lottery Control Board or officers or employees thereof.
11 Every officer and employee of the Department of the
12 Lottery shall, for any offense, be subject to the same
13 penalty or penalties, civil or criminal, as are prescribed by
14 existing law for the same offense by any officer or employee
15 whose powers or duties are transferred to him by this
16 Section.
17 Whenever reports or notices have been required to be made
18 or given or papers or documents furnished or served by any
19 person to or upon the departments and offices transferred by
20 this Section, the same shall be made, given, furnished or
21 served in the same manner to or upon the Department of the
22 Lottery.
23 This amendatory Act of 1986 shall not affect any action
24 done, ratified or cancelled, any right occurring or
25 established or any action or proceeding had or commenced in
26 an administrative, civil or criminal cause before the
27 effective date of this amendatory Act of 1986, but such
28 actions or proceedings may be prosecuted and continued by the
29 Department of the Lottery.
30 No rule, regulation or administrative review procedure
31 promulgated by the Division of the State Lottery in the
32 Department of Revenue or the Lottery Control Board, pursuant
33 to an exercise of a right, power or duty which is transferred
34 to the Department of the Lottery, shall be affected by this
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1 amendatory Act of 1986. These rules and regulations shall
2 become the rules and regulations of the Department of the
3 Lottery.
4 This Section is repealed on July 1, 1998.
5 (Source: P.A. 84-1128.)
6 Section 5-130. The Department of Mental Health and
7 Developmental Disabilities Act is amended by changing
8 Sections 16.2, 34.2, and 55 as follows:
9 (20 ILCS 1705/16.2) (from Ch. 91 1/2, par. 100-16.2)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 16.2. The Director shall cause to be established a
12 pilot project to demonstrate the effectiveness of a
13 comprehensive continuum of community residential alternatives
14 for persons with mental illness with emphasis on care and
15 treatment of the recidivistic and the long-term
16 institutionalized persons with mental illness. A case
17 coordination system linking care at each point in the
18 continuum shall be established as part of the pilot project.
19 Data shall be collected which permits evaluation of the
20 effectiveness of this program in encouraging care at less
21 restrictive components of the continuum.
22 The Director shall designate one employee of the
23 Department to supervise and coordinate this program. Any
24 funds appropriated by the legislature for this purpose shall
25 be expended on this program. In addition, the coordinator
26 shall supervise the development and collection of data,
27 including needs estimates of persons with mental illness
28 populations by each region and subregion needing community
29 residential alternatives; development of the most effective
30 model continuum of residential alternatives with related
31 operational costs; and identification of necessary community
32 support systems for residents of the community alternative
HB0821 Engrossed -37- LRB9002999WHmg
1 living arrangements.
2 The Director or his designee shall submit a report to the
3 General Assembly no later than March 31, 1986 detailing the
4 impact of the Department's deinstitutionalization
5 initiatives, specifically, the case coordination system on
6 the inordinate number of homeless persons with mental illness
7 in Illinois. The report shall also contain recommendations
8 for addressing the issue of homeless persons with mental
9 illness.
10 (Source: P.A. 88-380.)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 16.2. The Secretary shall cause to be established a
13 pilot project to demonstrate the effectiveness of a
14 comprehensive continuum of community residential alternatives
15 for persons with mental illness with emphasis on care and
16 treatment of the recidivistic and the long-term
17 institutionalized persons with mental illness. A case
18 coordination system linking care at each point in the
19 continuum shall be established as part of the pilot project.
20 Data shall be collected which permits evaluation of the
21 effectiveness of this program in encouraging care at less
22 restrictive components of the continuum.
23 The Secretary shall designate one employee of the
24 Department to supervise and coordinate this program. Any
25 funds appropriated by the legislature for this purpose shall
26 be expended on this program. In addition, the coordinator
27 shall supervise the development and collection of data,
28 including needs estimates of persons with mental illness
29 populations by each region and subregion needing community
30 residential alternatives; development of the most effective
31 model continuum of residential alternatives with related
32 operational costs; and identification of necessary community
33 support systems for residents of the community alternative
34 living arrangements.
HB0821 Engrossed -38- LRB9002999WHmg
1 The Secretary or his or her designee shall submit a
2 report to the General Assembly no later than March 31, 1986
3 detailing the impact of the Department's
4 deinstitutionalization initiatives, specifically, the case
5 coordination system on the inordinate number of homeless
6 persons with mental illness in Illinois. The report shall
7 also contain recommendations for addressing the issue of
8 homeless persons with mental illness.
9 This Section is repealed on July 1, 1998.
10 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
11 (20 ILCS 1705/34.2) (from Ch. 91 1/2, par. 100-34.2)
12 Sec. 34.2. (a) The Department shall conduct a study of
13 alternative formulas for the distribution of grants-in-aid
14 for community services which are disbursed by the Department.
15 The study shall specifically include an examination of the
16 feasibility of using formulas to determine the distribution
17 of grants-in-aid to achieve the Department's program
18 objectives and to meet community needs, as well as an
19 evaluation of the various factors used in the formulas
20 (including but not limited to the populations served and the
21 needs, relative poverty and geographic locations of those
22 populations).
23 (b) No later than May 1, 1990, the Department shall
24 report to the General Assembly the results of its study. The
25 report shall include a description of the results obtained by
26 using each of the alternative formulas in terms of the amount
27 of funds received by the various geographic areas and
28 community services agencies in the State, and an evaluation
29 of the relative benefits of each alternative to existing
30 service areas and to the provision of mental health and
31 developmental disabilities services.
32 This Section is repealed on July 1, 1998.
33 (Source: P.A. 86-1013.)
HB0821 Engrossed -39- LRB9002999WHmg
1 (20 ILCS 1705/55) (from Ch. 91 1/2, par. 100-55)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 55. To provide, directly or through contract with
4 not-for-profit organizations, and within amounts made
5 available by appropriation therefor, an in-home care and
6 support demonstration program. As used in this Section,
7 "family" includes foster families. The purposes of the
8 program will be (1) to provide direct care to persons with
9 mental illness and persons with a developmental disability,
10 (2) to enhance a family's ability to provide in-home care to
11 persons with mental illness or persons with a developmental
12 disability, and (3) to examine the impact of such program on
13 the incidence of hospitalization. Such services shall
14 include but not be limited to direct care, outreach services,
15 counseling, respite, transportation, and training which will
16 enhance the family's understanding of the nature and cause of
17 the mental illness or developmental disability and which will
18 provide them with the knowledge of strategies for handling
19 the symptoms and behavior of a person with mental illness or
20 person with a developmental disability. No family shall be
21 required to accept any services authorized pursuant to this
22 Section. The Director may develop a training curriculum, and
23 a staff training program to implement this demonstration
24 program. The evaluation required by this Section shall be
25 presented to the General Assembly no later than January 2,
26 1988, together with recommendations for extending the
27 demonstration project into an integral part of the array of
28 services provided or arranged for by the Department for all
29 persons with mental illness and persons with a developmental
30 disability in the State.
31 (Source: P.A. 88-380.)
32 (Text of Section after amendment by P.A. 89-507)
33 Sec. 55. To provide, directly or through contract with
34 not-for-profit organizations, and within amounts made
HB0821 Engrossed -40- LRB9002999WHmg
1 available by appropriation therefor, an in-home care and
2 support demonstration program. As used in this Section,
3 "family" includes foster families. The purposes of the
4 program will be (1) to provide direct care to persons with
5 mental illness and persons with a developmental disability,
6 (2) to enhance a family's ability to provide in-home care to
7 persons with mental illness or persons with a developmental
8 disability, and (3) to examine the impact of such program on
9 the incidence of hospitalization. Such services shall
10 include but not be limited to direct care, outreach services,
11 counseling, respite, transportation, and training which will
12 enhance the family's understanding of the nature and cause of
13 the mental illness or developmental disability and which will
14 provide them with the knowledge of strategies for handling
15 the symptoms and behavior of a person with mental illness or
16 person with a developmental disability. No family shall be
17 required to accept any services authorized pursuant to this
18 Section. The Secretary may develop a training curriculum,
19 and a staff training program to implement this demonstration
20 program. The evaluation required by this Section shall be
21 presented to the General Assembly no later than January 2,
22 1988, together with recommendations for extending the
23 demonstration project into an integral part of the array of
24 services provided or arranged for by the Department for all
25 persons with mental illness and persons with a developmental
26 disability in the State.
27 This Section is repealed on July 1, 1998.
28 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
29 Section 5-135. The Land for Armories Act is amended by
30 adding Section 3.1 as follows:
31 (20 ILCS 1820/3.1 new)
32 Sec. 3.1. Repeal. This Act is repealed on July 1, 1998.
HB0821 Engrossed -41- LRB9002999WHmg
1 Section 5-141. The Illinois Health Finance Reform Act is
2 amended by adding Section 3-11 as follows:
3 (20 ILCS 2215/3-11 new)
4 Sec. 3-11. Repeal. This Article III is repealed on July
5 1, 1998.
6 Section 5-142. The Civil Administrative Code of Illinois
7 is amended by changing Section 55.12 as follows:
8 (20 ILCS 2310/55.12) (from Ch. 127, par. 55.12)
9 Sec. 55.12. To enter into contracts with the Federal
10 Government, other States, local governmental units and other
11 public or private agencies or organizations for the purchase,
12 sale or exchange of health services and products which may
13 benefit the health of the people. Any contract entered into
14 with the Federal Government, with any other State government
15 or with any public or private agency or organization not
16 domiciled in Illinois shall not be effective unless it is
17 approved in writing by the Governor.
18 (Source: Laws 1967, p. 594.)
19 Section 5-143. The Chicago Out-Patient Clinic Act is
20 amended by adding Section 1.1 as follows:
21 (20 ILCS 2315/1.1 new)
22 Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
23 Section 5-144. The Disabled Persons Rehabilitation Act
24 is amended by changing Sections 12a and 13 as follows:
25 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
26 (Text of Section before amendment by P.A. 89-507)
27 Sec. 12a. Centers for independent living.
HB0821 Engrossed -42- LRB9002999WHmg
1 (a) Purpose. Recognizing that persons with severe
2 disabilities deserve a high quality of life within their
3 communities regardless of their disabilities, the Department,
4 working with the Statewide Independent Living Council, shall
5 develop a State plan for submission on an annual basis to the
6 Commissioner. The Department shall adopt rules for
7 implementing the State plan in accordance with the federal
8 Act, including rules adopted under the federal Act governing
9 the award of grants.
10 (b) Definitions. As used in this Section, unless the
11 context clearly requires otherwise:
12 "Federal Act" means the federal 1973 Rehabilitation Act.
13 "Center for independent living" means a consumer
14 controlled, community based, cross-disability,
15 non-residential, private non-profit agency that is designated
16 and operated within a local community by individuals with
17 disabilities and provides an array of independent living
18 services.
19 "Consumer controlled" means that the center for
20 independent living vests power and authority in individuals
21 with disabilities and that at least 51% of the directors of
22 the center are persons with one or more disabilities as
23 defined by this Act.
24 "Commissioner" means the Commissioner of the
25 Rehabilitation Services Administration in the United States
26 Department of Health and Human Services.
27 "Council" means the Statewide Independent Living Council
28 appointed under subsection (d).
29 "Individual with a disability" means any individual who
30 has a physical or mental impairment that substantially limits
31 a major life activity, has a record of such an impairment, or
32 is regarded as having such an impairment.
33 "Individual with a severe disability" means an individual
34 with a severe physical or mental impairment, whose ability to
HB0821 Engrossed -43- LRB9002999WHmg
1 function independently in the family or community or whose
2 ability to obtain, maintain, or advance in employment is
3 substantially limited and for whom the delivery of
4 independent living services will improve the ability to
5 function, continue functioning, or move toward functioning
6 independently in the family or community or to continue in
7 employment.
8 "State plan" means the materials submitted by the
9 Department to the Commissioner on an annual basis that
10 contain the State's proposal for:
11 (1) The provision of statewide independent living
12 services.
13 (2) The development and support of a statewide
14 network of centers for independent living.
15 (3) Working relationships between (i) programs
16 providing independent living services and independent
17 living centers and (ii) the vocational rehabilitation
18 program administered by the Department under the federal
19 Act and other programs providing services for individuals
20 with disabilities.
21 (c) Authority. The Department shall be designated the
22 State unit under Title VII of the federal Act and shall have
23 the following responsibilities:
24 (1) To receive, account for, and disburse funds
25 received by the State under the federal Act based on the
26 State plan.
27 (2) To provide administrative support services to
28 centers for independent living programs.
29 (3) To keep records, and take such actions with
30 respect to those records, as the Commissioner finds to be
31 necessary with respect to the programs.
32 (4) To submit additional information or provide
33 assurances the Commissioner may require with respect to
34 the programs.
HB0821 Engrossed -44- LRB9002999WHmg
1 The Director and the Chairperson of the Council are
2 responsible for jointly developing and signing the State plan
3 required by Section 704 of the federal Act. The State plan
4 shall conform to the requirements of Section 704 of the
5 federal Act.
6 (d) Statewide Independent Living Council.
7 The Governor shall appoint a Statewide Independent Living
8 Council, comprised of 18 members, which shall be established
9 as an entity separate and distinct from the Department. The
10 composition of the Council shall include the following:
11 (1) At least one director of a center for
12 independent living chosen by the directors of centers for
13 independent living within the State.
14 (2) A representative of the Department and a
15 representative each from the Department of Mental Health
16 and Developmental Disabilities, the Department on Aging,
17 the State Board of Education, and the Department of
18 Children and Family Services, all as ex-officio,
19 non-voting members who shall not be counted in the 18
20 members appointed by the Governor.
21 In addition, the Council may include the following:
22 (A) One or more representatives of centers for
23 independent living.
24 (B) One or more parents or guardians of individuals
25 with disabilities.
26 (C) One or more advocates for individuals with
27 disabilities.
28 (D) One or more representatives of private
29 business.
30 (E) One or more representatives of organizations
31 that provide services for individuals with disabilities.
32 (F) Other appropriate individuals.
33 After soliciting recommendations from organizations
34 representing a broad range of individuals with disabilities
HB0821 Engrossed -45- LRB9002999WHmg
1 and organizations interested in individuals with
2 disabilities, the Governor shall appoint members of the
3 Council for terms beginning July 1, 1993. The Council shall
4 be composed of members (i) who provide statewide
5 representation; (ii) who represent a broad range of
6 individuals with disabilities; (iii) who are knowledgeable
7 about centers for independent living and independent living
8 services; and (iv) a majority of whom are persons who are
9 individuals with disabilities and are not employed by any
10 State agency or center for independent living. The terms of
11 all members of the Independent Living Advisory Council who
12 were appointed for terms beginning before July 1, 1993, shall
13 expire on July 1, 1993.
14 The council shall elect a chairperson from among its
15 membership.
16 Each member of the Council shall serve for terms of 3
17 years, except that (i) a member appointed to fill a vacancy
18 occurring before the expiration of the term for which the
19 predecessor was appointed shall be appointed for the
20 remainder of that term and (ii) terms of the members
21 initially appointed after the effective date of this
22 amendatory Act of 1993 shall be as follows: 6 of the
23 initial members shall be appointed for terms of one year, 6
24 shall be appointed for terms of 2 years, and 6 shall be
25 appointed for terms of 3 years. No member of the council may
26 serve more than 2 consecutive full terms.
27 Any vacancy occurring in the membership of the Council
28 shall be filled in the same manner as the original
29 appointment. The vacancy shall not affect the power of the
30 remaining members to execute the powers and duties of the
31 Council. The Council shall have the duties enumerated in
32 subsections (c), (d), and (e) of Section 705 of the federal
33 Act.
34 Members shall be reimbursed for their actual expenses
HB0821 Engrossed -46- LRB9002999WHmg
1 incurred in the performance of their duties, including
2 expenses for travel, child care, and personal assistance
3 services, and a member who is not employed or who must
4 forfeit wages from other employment shall be paid reasonable
5 compensation for each day the member is engaged in performing
6 the duties of the Council. The reimbursement or compensation
7 shall be paid from moneys made available to the Department
8 under Part B of Title VII of the federal Act.
9 In addition to the powers and duties granted to advisory
10 boards by Section 8 of the Civil Administrative Code of
11 Illinois, the Council shall have the authority to appoint
12 jointly with the Director a peer review committee to consider
13 and make recommendations for grants to eligible centers for
14 independent living.
15 (e) Grants to centers for independent living. Each
16 center for independent living that receives assistance from
17 the Department under this Section shall comply with the
18 standards and provide and comply with the assurances that are
19 set forth in the State plan and consistent with Section 725
20 of the federal Act. Each center for independent living
21 receiving financial assistance from the Department shall
22 provide satisfactory assurances at the time and in the manner
23 the Director requires.
24 Beginning October 1, 1994, the Director may award grants
25 to any eligible center for independent living that is
26 receiving funds under Title VII of the federal Act, unless
27 the Director makes a finding that the center for independent
28 living fails to comply with the standards and assurances set
29 forth in Section 725 of the federal Act.
30 If there is no center for independent living serving a
31 region of the State or the region is underserved, and the
32 State receives a federal increase in its allotment sufficient
33 to support one or more additional centers for independent
34 living in the State, the Director may award a grant under
HB0821 Engrossed -47- LRB9002999WHmg
1 this subsection to one or more eligible agencies, consistent
2 with the provisions of the State plan setting forth the
3 design of the State for establishing a statewide network for
4 centers for independent living.
5 In selecting from among eligible agencies in awarding a
6 grant under this subsection for a new center for independent
7 living, the Director and the chairperson of (or other
8 individual designated by) the Council acting on behalf of and
9 at the direction of the Council shall jointly appoint a peer
10 review committee that shall rank applications in accordance
11 with the standards and assurances set forth in Section 725 of
12 the federal Act and criteria jointly established by the
13 Director and the chairperson or designated individual. The
14 peer review committee shall consider the ability of the
15 applicant to operate a center for independent living and
16 shall recommend an applicant to receive a grant under this
17 subsection based on the following:
18 (1) Evidence of the need for a center for
19 independent living, consistent with the State plan.
20 (2) Any past performance of the applicant in
21 providing services comparable to independent living
22 services.
23 (3) The applicant's plan for complying with, or
24 demonstrated success in complying with, the standards and
25 assurances set forth in Section 725 of the federal Act.
26 (4) The quality of key personnel of the applicant
27 and the involvement of individuals with severe
28 disabilities by the applicant.
29 (5) The budgets and cost effectiveness of the
30 applicant.
31 (6) The evaluation plan of the applicant.
32 (7) The ability of the applicant to carry out the
33 plan.
34 The Director shall award the grant on the basis of the
HB0821 Engrossed -48- LRB9002999WHmg
1 recommendation of the peer review committee if the actions of
2 the committee are consistent with federal and State law.
3 (f) Evaluation and review. The Director shall
4 periodically review each center for independent living that
5 receives funds from the Department under Title VII of the
6 federal Act, or moneys appropriated from the General Revenue
7 Fund, to determine whether the center is in compliance with
8 the standards and assurances set forth in Section 725 of the
9 federal Act. If the Director determines that any center
10 receiving those federal or State funds is not in compliance
11 with the standards and assurances set forth in Section 725,
12 the Director shall immediately notify the center that it is
13 out of compliance. The Director shall terminate all funds to
14 that center 90 days after the date of notification or, in the
15 case of a center that requests an appeal, the date of any
16 final decision, unless the center submits a plan to achieve
17 compliance within 90 days and that plan is approved by the
18 Director or 198 on appeal) by the Commissioner.
19 (Source: P.A. 88-10; revised 12-4-96.)
20 (Text of Section after amendment by P.A. 89-507)
21 Sec. 12a. Centers for independent living.
22 (a) Purpose. Recognizing that persons with severe
23 disabilities deserve a high quality of life within their
24 communities regardless of their disabilities, the Department,
25 working with the Statewide Independent Living Council, shall
26 develop a State plan for submission on an annual basis to the
27 Commissioner. The Department shall adopt rules for
28 implementing the State plan in accordance with the federal
29 Act, including rules adopted under the federal Act governing
30 the award of grants.
31 (b) Definitions. As used in this Section, unless the
32 context clearly requires otherwise:
33 "Federal Act" means the federal 1973 Rehabilitation Act.
34 "Center for independent living" means a consumer
HB0821 Engrossed -49- LRB9002999WHmg
1 controlled, community based, cross-disability,
2 non-residential, private non-profit agency that is designated
3 and operated within a local community by individuals with
4 disabilities and provides an array of independent living
5 services.
6 "Consumer controlled" means that the center for
7 independent living vests power and authority in individuals
8 with disabilities and that at least 51% of the directors of
9 the center are persons with one or more disabilities as
10 defined by this Act.
11 "Commissioner" means the Commissioner of the
12 Rehabilitation Services Administration in the United States
13 Department of Health and Human Services.
14 "Council" means the Statewide Independent Living Council
15 appointed under subsection (d).
16 "Individual with a disability" means any individual who
17 has a physical or mental impairment that substantially limits
18 a major life activity, has a record of such an impairment, or
19 is regarded as having such an impairment.
20 "Individual with a severe disability" means an individual
21 with a severe physical or mental impairment, whose ability to
22 function independently in the family or community or whose
23 ability to obtain, maintain, or advance in employment is
24 substantially limited and for whom the delivery of
25 independent living services will improve the ability to
26 function, continue functioning, or move toward functioning
27 independently in the family or community or to continue in
28 employment.
29 "State plan" means the materials submitted by the
30 Department to the Commissioner on an annual basis that
31 contain the State's proposal for:
32 (1) The provision of statewide independent living
33 services.
34 (2) The development and support of a statewide
HB0821 Engrossed -50- LRB9002999WHmg
1 network of centers for independent living.
2 (3) Working relationships between (i) programs
3 providing independent living services and independent
4 living centers and (ii) the vocational rehabilitation
5 program administered by the Department under the federal
6 Act and other programs providing services for individuals
7 with disabilities.
8 (c) Authority. The Department shall be designated the
9 State unit under Title VII of the federal Act and shall have
10 the following responsibilities:
11 (1) To receive, account for, and disburse funds
12 received by the State under the federal Act based on the
13 State plan.
14 (2) To provide administrative support services to
15 centers for independent living programs.
16 (3) To keep records, and take such actions with
17 respect to those records, as the Commissioner finds to be
18 necessary with respect to the programs.
19 (4) To submit additional information or provide
20 assurances the Commissioner may require with respect to
21 the programs.
22 The Secretary and the Chairperson of the Council are
23 responsible for jointly developing and signing the State plan
24 required by Section 704 of the federal Act. The State plan
25 shall conform to the requirements of Section 704 of the
26 federal Act.
27 (d) Statewide Independent Living Council.
28 The Governor shall appoint a Statewide Independent Living
29 Council, comprised of 18 members, which shall be established
30 as an entity separate and distinct from the Department. The
31 composition of the Council shall include the following:
32 (1) At least one director of a center for
33 independent living chosen by the directors of centers for
34 independent living within the State.
HB0821 Engrossed -51- LRB9002999WHmg
1 (2) Two representatives of the Department and a
2 representative each from the Department on Aging, the
3 State Board of Education, and the Department of Children
4 and Family Services, all as non-voting members who shall
5 not be counted in the 18 members appointed by the
6 Governor.
7 In addition, the Council may include the following:
8 (A) One or more representatives of centers for
9 independent living.
10 (B) One or more parents or guardians of individuals
11 with disabilities.
12 (C) One or more advocates for individuals with
13 disabilities.
14 (D) One or more representatives of private
15 business.
16 (E) One or more representatives of organizations
17 that provide services for individuals with disabilities.
18 (F) Other appropriate individuals.
19 After soliciting recommendations from organizations
20 representing a broad range of individuals with disabilities
21 and organizations interested in individuals with
22 disabilities, the Governor shall appoint members of the
23 Council for terms beginning July 1, 1993. The Council shall
24 be composed of members (i) who provide statewide
25 representation; (ii) who represent a broad range of
26 individuals with disabilities; (iii) who are knowledgeable
27 about centers for independent living and independent living
28 services; and (iv) a majority of whom are persons who are
29 individuals with disabilities and are not employed by any
30 State agency or center for independent living. The terms of
31 all members of the Independent Living Advisory Council who
32 were appointed for terms beginning before July 1, 1993, shall
33 expire on July 1, 1993.
34 The council shall elect a chairperson from among its
HB0821 Engrossed -52- LRB9002999WHmg
1 membership.
2 Each member of the Council shall serve for terms of 3
3 years, except that (i) a member appointed to fill a vacancy
4 occurring before the expiration of the term for which the
5 predecessor was appointed shall be appointed for the
6 remainder of that term and (ii) terms of the members
7 initially appointed after the effective date of this
8 amendatory Act of 1993 shall be as follows: 6 of the
9 initial members shall be appointed for terms of one year, 6
10 shall be appointed for terms of 2 years, and 6 shall be
11 appointed for terms of 3 years. No member of the council may
12 serve more than 2 consecutive full terms.
13 Any vacancy occurring in the membership of the Council
14 shall be filled in the same manner as the original
15 appointment. The vacancy shall not affect the power of the
16 remaining members to execute the powers and duties of the
17 Council. The Council shall have the duties enumerated in
18 subsections (c), (d), and (e) of Section 705 of the federal
19 Act.
20 Members shall be reimbursed for their actual expenses
21 incurred in the performance of their duties, including
22 expenses for travel, child care, and personal assistance
23 services, and a member who is not employed or who must
24 forfeit wages from other employment shall be paid reasonable
25 compensation for each day the member is engaged in performing
26 the duties of the Council. The reimbursement or compensation
27 shall be paid from moneys made available to the Department
28 under Part B of Title VII of the federal Act.
29 In addition to the powers and duties granted to advisory
30 boards by Section 8 of the Civil Administrative Code of
31 Illinois, the Council shall have the authority to appoint
32 jointly with the Secretary a peer review committee to
33 consider and make recommendations for grants to eligible
34 centers for independent living.
HB0821 Engrossed -53- LRB9002999WHmg
1 (e) Grants to centers for independent living. Each
2 center for independent living that receives assistance from
3 the Department under this Section shall comply with the
4 standards and provide and comply with the assurances that are
5 set forth in the State plan and consistent with Section 725
6 of the federal Act. Each center for independent living
7 receiving financial assistance from the Department shall
8 provide satisfactory assurances at the time and in the manner
9 the Secretary requires.
10 Beginning October 1, 1994, the Secretary may award grants
11 to any eligible center for independent living that is
12 receiving funds under Title VII of the federal Act, unless
13 the Secretary makes a finding that the center for independent
14 living fails to comply with the standards and assurances set
15 forth in Section 725 of the federal Act.
16 If there is no center for independent living serving a
17 region of the State or the region is underserved, and the
18 State receives a federal increase in its allotment sufficient
19 to support one or more additional centers for independent
20 living in the State, the Secretary may award a grant under
21 this subsection to one or more eligible agencies, consistent
22 with the provisions of the State plan setting forth the
23 design of the State for establishing a statewide network for
24 centers for independent living.
25 In selecting from among eligible agencies in awarding a
26 grant under this subsection for a new center for independent
27 living, the Secretary and the chairperson of (or other
28 individual designated by) the Council acting on behalf of and
29 at the direction of the Council shall jointly appoint a peer
30 review committee that shall rank applications in accordance
31 with the standards and assurances set forth in Section 725 of
32 the federal Act and criteria jointly established by the
33 Secretary and the chairperson or designated individual. The
34 peer review committee shall consider the ability of the
HB0821 Engrossed -54- LRB9002999WHmg
1 applicant to operate a center for independent living and
2 shall recommend an applicant to receive a grant under this
3 subsection based on the following:
4 (1) Evidence of the need for a center for
5 independent living, consistent with the State plan.
6 (2) Any past performance of the applicant in
7 providing services comparable to independent living
8 services.
9 (3) The applicant's plan for complying with, or
10 demonstrated success in complying with, the standards and
11 assurances set forth in Section 725 of the federal Act.
12 (4) The quality of key personnel of the applicant
13 and the involvement of individuals with severe
14 disabilities by the applicant.
15 (5) The budgets and cost effectiveness of the
16 applicant.
17 (6) The evaluation plan of the applicant.
18 (7) The ability of the applicant to carry out the
19 plan.
20 The Secretary shall award the grant on the basis of the
21 recommendation of the peer review committee if the actions of
22 the committee are consistent with federal and State law.
23 (f) Evaluation and review. The Secretary shall
24 periodically review each center for independent living that
25 receives funds from the Department under Title VII of the
26 federal Act, or moneys appropriated from the General Revenue
27 Fund, to determine whether the center is in compliance with
28 the standards and assurances set forth in Section 725 of the
29 federal Act. If the Secretary determines that any center
30 receiving those federal or State funds is not in compliance
31 with the standards and assurances set forth in Section 725,
32 the Secretary shall immediately notify the center that it is
33 out of compliance. The Secretary shall terminate all funds
34 to that center 90 days after the date of notification or, in
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1 the case of a center that requests an appeal, the date of any
2 final decision, unless the center submits a plan to achieve
3 compliance within 90 days and that plan is approved by the
4 Secretary or (if 198 on appeal) by the Commissioner.
5 (Source: P.A. 88-10; 89-507, eff. 7-1-97; revised 12-4-96.)
6 (20 ILCS 2405/13) (from Ch. 23, par. 3444)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 13. The Department shall have all powers reasonable
9 and necessary for the administration of institutions for
10 persons with one or more disabilities under subsection (f) of
11 Section 3 of this Act, including, but not limited to, the
12 authority to do the following:
13 (a) Appoint and remove the superintendents of the
14 institutions operated by the Department, obtain all other
15 employees subject to the provisions of the Personnel Code,
16 and conduct staff training programs for the development and
17 improvement of services.
18 (b) Provide supervision, housing accommodations, board
19 or the payment of boarding costs, tuition, and treatment free
20 of charge, except as otherwise specified in this Act, for
21 residents of this State who are cared for in any institution,
22 or for persons receiving services under any program under the
23 jurisdiction of the Department. Residents of other states may
24 be admitted upon payment of the costs of board, tuition, and
25 treatment as determined by the Department; provided, that no
26 resident of another state shall be received or retained to
27 the exclusion of any resident of this State. The Department
28 shall accept any donation for the board, tuition, and
29 treatment of any person receiving service or care.
30 (c) Cooperate with the State Board of Education and the
31 Department of Children and Family Services in a program to
32 provide for the placement, supervision, and foster care of
33 children with handicaps who must leave their home community
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1 in order to attend schools offering programs in special
2 education.
3 (d) Assess and collect (i) student activity fees and
4 (ii) charges to school districts for transportation of
5 students required under the School Code and provided by the
6 Department. The Department shall direct the expenditure of
7 all money that has been or may be received by any officer of
8 the several State institutions under the direction and
9 supervision of the Department as profit on sales from
10 commissary stores, student activity fees, or charges for
11 student transportation. The money shall be deposited into a
12 locally held fund and expended under the direction of the
13 Department for the special comfort, pleasure, and amusement
14 of residents and employees and the transportation of
15 residents, provided that amounts expended for comfort,
16 pleasure, and amusement of employees shall not exceed the
17 amount of profits derived from sales made to employees by the
18 commissaries, as determined by the Department.
19 Funds deposited with State institutions under the
20 direction and supervision of the Department by or for
21 residents of those State institutions shall be deposited into
22 interest-bearing accounts, and money received as interest and
23 income on those funds shall be deposited into a "needy
24 student fund" to be held and administered by the institution.
25 Money in the "needy student fund" shall be expended for the
26 special comfort, pleasure, and amusement of the residents of
27 the particular institution where the money is paid or
28 received.
29 Any money belonging to residents separated by death,
30 discharge, or unauthorized absence from institutions
31 described under this Section, in custody of officers of the
32 institutions, may, if unclaimed by the resident or the legal
33 representatives of the resident for a period of 2 years, be
34 expended at the direction of the Department for the purposes
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1 and in the manner specified in this subsection (d). Articles
2 of personal property, with the exception of clothing left in
3 the custody of those officers, shall, if unclaimed for the
4 period of 2 years, be sold and the money disposed of in the
5 same manner.
6 Clothing left at the institution by residents at the time
7 of separation may be used as determined by the institution if
8 unclaimed by the resident or legal representatives of the
9 resident within 30 days after notification.
10 (e) Keep, for each institution under the jurisdiction of
11 the Department, a register of the number of officers,
12 employees, and residents present each day in the year, in a
13 form that will permit a calculation of the average number
14 present each month.
15 (f) Keep, for each institution under the jurisdiction of
16 the Department, so far as may be practicable, a record of
17 stores and supplies received and issued, with the dates and
18 names of the parties from or to whom the stores and supplies
19 were received or issued.
20 (g) Assure that the case and clinical records of
21 patients in Department supervised facilities and persons
22 receiving other services of the institutions of the
23 Department shall not be open to the general public. Those
24 case and clinical records and reports or the information
25 contained in those records and reports shall be disclosed by
26 the Director only to proper law enforcement officials,
27 individuals authorized by court, the Illinois General
28 Assembly or any committee or commission of the General
29 Assembly, and to other persons and for reasons the Director
30 designates by rule or regulation. This Section does not
31 apply to the Department fiscal records, other records of a
32 purely administrative nature, or completed forms and
33 documents used by the Department.
34 (h) Prescribe and require surety bonds from any officer
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1 or employee under the jurisdiction of the Department, where
2 deemed advisable, in penal sums determined by the Department.
3 The cost of the bonds shall be paid by the State out of funds
4 appropriated to the Department.
5 (i) Accept and hold in behalf of the State, if for the
6 public interest, a grant, gift, or legacy of money or
7 property to the State of Illinois, to the Department, or to
8 any institution or program of the Department made in trust
9 for the maintenance or support of a resident of an
10 institution of the Department, or for any other legitimate
11 purpose connected with any such institution or program. The
12 Department shall cause each gift, grant, or legacy to be kept
13 as a distinct fund, and shall invest the gift, grant, or
14 legacy in the manner provided by the laws of this State as
15 those laws now exist or shall hereafter be enacted relating
16 to securities in which the deposits in savings banks may be
17 invested. The Department may, however, in its discretion,
18 deposit in a proper trust company or savings bank, during the
19 continuance of the trust, any fund so left in trust for the
20 life of a person and shall adopt rules and regulations
21 governing the deposit, transfer, or withdrawal of the fund.
22 The Department shall, on the expiration of any trust as
23 provided in any instrument creating the trust, dispose of the
24 fund thereby created in the manner provided in the
25 instrument. The Department shall include in its required
26 reports a statement showing what funds are so held by it and
27 the condition of the funds. Monies found on residents at the
28 time of their admission, or accruing to them during their
29 period of institutional care, and monies deposited with the
30 superintendents by relatives, guardians, or friends of
31 residents for the special comfort and pleasure of a resident,
32 shall remain in the possession of the superintendents, who
33 shall act as trustees for disbursement to, in behalf of, or
34 for the benefit of the resident. All types of retirement and
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1 pension benefits from private and public sources may be paid
2 directly to the superintendent of the institution where the
3 person is a resident, for deposit to the resident's trust
4 fund account.
5 (j) Appoint, subject to the Personnel Code, persons to
6 be members of a police and security force. Members of the
7 police and security force shall be peace officers and as such
8 have all powers possessed by policemen in cities and
9 sheriffs, including the power to make arrests on view or
10 warrants of violations of State statutes or city or county
11 ordinances. These powers may, however, be exercised only in
12 counties of more than 500,000 population when required for
13 the protection of Department properties, interests, and
14 personnel, or specifically requested by appropriate State or
15 local law enforcement officials. Members of the police and
16 security force may not serve and execute civil processes.
17 (k) Maintain, and deposit receipts from the sale of
18 tickets to athletic, musical, and other events into, locally
19 held accounts not to exceed $10,000 per facility for the
20 purposes of (i) providing immediate payment to officials,
21 judges, and athletic referees for their services rendered at
22 school sponsored contests or events and (ii) providing
23 students who are enrolled in an independent living program
24 with cash so that they may fulfill course objectives by
25 purchasing commodities and other required supplies.
26 (l) Promulgate rules of conduct applicable to the
27 residents of institutions for persons with one or more
28 disabilities. The rules shall include specific standards to
29 be used by the Department to determine (i) whether financial
30 restitution shall be required in the event of losses or
31 damages resulting from a resident's action and (ii) the
32 ability of the resident and the resident's parents to pay
33 restitution.
34 (m) From funds appropriated to the Department from the
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1 Assistive Technology for Persons with Disabilities Fund, a
2 special fund in the State treasury which is hereby created,
3 provide grants to disabled persons for the purchase of
4 assistive technological devices and related services.
5 (Source: P.A. 87-342; 88-91.)
6 (Text of Section after amendment by P.A. 89-507)
7 Sec. 13. The Department shall have all powers reasonable
8 and necessary for the administration of institutions for
9 persons with one or more disabilities under subsection (f) of
10 Section 3 of this Act, including, but not limited to, the
11 authority to do the following:
12 (a) Appoint and remove the superintendents of the
13 institutions operated by the Department, obtain all other
14 employees subject to the provisions of the Personnel Code,
15 and conduct staff training programs for the development and
16 improvement of services.
17 (b) Provide supervision, housing accommodations, board
18 or the payment of boarding costs, tuition, and treatment free
19 of charge, except as otherwise specified in this Act, for
20 residents of this State who are cared for in any institution,
21 or for persons receiving services under any program under the
22 jurisdiction of the Department. Residents of other states may
23 be admitted upon payment of the costs of board, tuition, and
24 treatment as determined by the Department; provided, that no
25 resident of another state shall be received or retained to
26 the exclusion of any resident of this State. The Department
27 shall accept any donation for the board, tuition, and
28 treatment of any person receiving service or care.
29 (c) Cooperate with the State Board of Education and the
30 Department of Children and Family Services in a program to
31 provide for the placement, supervision, and foster care of
32 children with handicaps who must leave their home community
33 in order to attend schools offering programs in special
34 education.
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1 (d) Assess and collect (i) student activity fees and
2 (ii) charges to school districts for transportation of
3 students required under the School Code and provided by the
4 Department. The Department shall direct the expenditure of
5 all money that has been or may be received by any officer of
6 the several State institutions under the direction and
7 supervision of the Department as profit on sales from
8 commissary stores, student activity fees, or charges for
9 student transportation. The money shall be deposited into a
10 locally held fund and expended under the direction of the
11 Department for the special comfort, pleasure, and amusement
12 of residents and employees and the transportation of
13 residents, provided that amounts expended for comfort,
14 pleasure, and amusement of employees shall not exceed the
15 amount of profits derived from sales made to employees by the
16 commissaries, as determined by the Department.
17 Funds deposited with State institutions under the
18 direction and supervision of the Department by or for
19 residents of those State institutions shall be deposited into
20 interest-bearing accounts, and money received as interest and
21 income on those funds shall be deposited into a "needy
22 student fund" to be held and administered by the institution.
23 Money in the "needy student fund" shall be expended for the
24 special comfort, pleasure, and amusement of the residents of
25 the particular institution where the money is paid or
26 received.
27 Any money belonging to residents separated by death,
28 discharge, or unauthorized absence from institutions
29 described under this Section, in custody of officers of the
30 institutions, may, if unclaimed by the resident or the legal
31 representatives of the resident for a period of 2 years, be
32 expended at the direction of the Department for the purposes
33 and in the manner specified in this subsection (d). Articles
34 of personal property, with the exception of clothing left in
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1 the custody of those officers, shall, if unclaimed for the
2 period of 2 years, be sold and the money disposed of in the
3 same manner.
4 Clothing left at the institution by residents at the time
5 of separation may be used as determined by the institution if
6 unclaimed by the resident or legal representatives of the
7 resident within 30 days after notification.
8 (e) Keep, for each institution under the jurisdiction of
9 the Department, a register of the number of officers,
10 employees, and residents present each day in the year, in a
11 form that will permit a calculation of the average number
12 present each month.
13 (f) (Blank). Keep, for each institution under the
14 jurisdiction of the Department, so far as may be practicable,
15 a record of stores and supplies received and issued, with the
16 dates and names of the parties from or to whom the stores and
17 supplies were received or issued.
18 (g) (Blank). Assure that the case and clinical records
19 of patients in Department supervised facilities and persons
20 receiving other services of the institutions of the
21 Department shall not be open to the general public. Those
22 case and clinical records and reports or the information
23 contained in those records and reports shall be disclosed by
24 the Secretary only to proper law enforcement officials,
25 individuals authorized by court, the Illinois General
26 Assembly or any committee or commission of the General
27 Assembly, and to other persons and for reasons the Secretary
28 designates by rule or regulation. This Section does not
29 apply to the Department fiscal records, other records of a
30 purely administrative nature, or completed forms and
31 documents used by the Department.
32 (h) (Blank). Prescribe and require surety bonds from any
33 officer or employee under the jurisdiction of the Department,
34 where deemed advisable, in penal sums determined by the
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1 Department. The cost of the bonds shall be paid by the State
2 out of funds appropriated to the Department.
3 (i) Accept and hold in behalf of the State, if for the
4 public interest, a grant, gift, or legacy of money or
5 property to the State of Illinois, to the Department, or to
6 any institution or program of the Department made in trust
7 for the maintenance or support of a resident of an
8 institution of the Department, or for any other legitimate
9 purpose connected with any such institution or program. The
10 Department shall cause each gift, grant, or legacy to be kept
11 as a distinct fund, and shall invest the gift, grant, or
12 legacy in the manner provided by the laws of this State as
13 those laws now exist or shall hereafter be enacted relating
14 to securities in which the deposits in savings banks may be
15 invested. The Department may, however, in its discretion,
16 deposit in a proper trust company or savings bank, during the
17 continuance of the trust, any fund so left in trust for the
18 life of a person and shall adopt rules and regulations
19 governing the deposit, transfer, or withdrawal of the fund.
20 The Department shall, on the expiration of any trust as
21 provided in any instrument creating the trust, dispose of the
22 fund thereby created in the manner provided in the
23 instrument. The Department shall include in its required
24 reports a statement showing what funds are so held by it and
25 the condition of the funds. Monies found on residents at the
26 time of their admission, or accruing to them during their
27 period of institutional care, and monies deposited with the
28 superintendents by relatives, guardians, or friends of
29 residents for the special comfort and pleasure of a resident,
30 shall remain in the possession of the superintendents, who
31 shall act as trustees for disbursement to, in behalf of, or
32 for the benefit of the resident. All types of retirement and
33 pension benefits from private and public sources may be paid
34 directly to the superintendent of the institution where the
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1 person is a resident, for deposit to the resident's trust
2 fund account.
3 (j) Appoint, subject to the Personnel Code, persons to
4 be members of a police and security force. Members of the
5 police and security force shall be peace officers and as such
6 have all powers possessed by policemen in cities and
7 sheriffs, including the power to make arrests on view or
8 warrants of violations of State statutes or city or county
9 ordinances. These powers may, however, be exercised only in
10 counties of more than 500,000 population when required for
11 the protection of Department properties, interests, and
12 personnel, or specifically requested by appropriate State or
13 local law enforcement officials. Members of the police and
14 security force may not serve and execute civil processes.
15 (k) Maintain, and deposit receipts from the sale of
16 tickets to athletic, musical, and other events into, locally
17 held accounts not to exceed $10,000 per facility for the
18 purposes of (i) providing immediate payment to officials,
19 judges, and athletic referees for their services rendered at
20 school sponsored contests or events and (ii) providing
21 students who are enrolled in an independent living program
22 with cash so that they may fulfill course objectives by
23 purchasing commodities and other required supplies.
24 (l) Promulgate rules of conduct applicable to the
25 residents of institutions for persons with one or more
26 disabilities. The rules shall include specific standards to
27 be used by the Department to determine (i) whether financial
28 restitution shall be required in the event of losses or
29 damages resulting from a resident's action and (ii) the
30 ability of the resident and the resident's parents to pay
31 restitution.
32 (m) (Blank). From funds appropriated to the Department
33 from the Assistive Technology for Persons with Disabilities
34 Fund, a special fund in the State treasury which is hereby
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1 created, provide grants to disabled persons for the purchase
2 of assistive technological devices and related services.
3 (Source: P.A. 88-91; 89-507, eff. 7-1-97.)
4 Section 5-147. The Civil Administrative Code of Illinois
5 is amended by changing Sections 39b8, 39b9, 39b25, 39b34, and
6 39b46 as follows:
7 (20 ILCS 2505/39b8) (from Ch. 127, par. 39b8)
8 Sec. 39b8. To execute and administer all laws and
9 regulations, now or hereafter enacted, relating to the safety
10 and purity of illuminating oils and gasoline.
11 This Section is repealed on July 1, 1998.
12 (Source: Laws 1953, p. 175.)
13 (20 ILCS 2505/39b9) (from Ch. 127, par. 39b9)
14 Sec. 39b9. To exercise the rights, powers and duties
15 heretofore or hereafter vested in the Tax Commission herein
16 abolished by the "Revenue Act of 1939", filed May 17, 1939,
17 as amended.
18 This Section is repealed on July 1, 1998.
19 (Source: Laws 1965, p. 175.)
20 (20 ILCS 2505/39b25) (from Ch. 127, par. 39b25)
21 Sec. 39b25. To exercise all the rights, powers and duties
22 vested in said Department by "An Act for the assessment and
23 taxation of Private Car Line Companies", approved July 22,
24 1945.
25 This Section is repealed on July 1, 1998.
26 (Source: Laws 1953, p. 1439.)
27 (20 ILCS 2505/39b34) (from Ch. 127, par. 39b34)
28 Sec. 39b34. To assume all rights, powers, duties and
29 responsibilities of the former Department of Local Government
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1 Affairs pertaining to its property taxation related
2 functions. Personnel, books, records, property and funds
3 pertaining to such functions are transferred to the
4 Department, but any rights of employees or the State under
5 the "Personnel Code" or any other contract or plan shall be
6 unaffected hereby.
7 This Section is repealed on July 1, 1998.
8 (Source: P.A. 81-1509.)
9 (20 ILCS 2505/39b46) (from Ch. 127, par. 39b46)
10 Sec. 39b46. To manage, operate, maintain and preserve
11 from waste the land and physical facilities of the Illinois
12 Income Tax Processing Center at Springfield, Illinois. All
13 personnel, materials, books, records, land and equipment
14 relating to the management, operation and maintenance of the
15 physical facilities of the Illinois Income Tax Processing
16 Center shall be transferred to the Department of Revenue.
17 This Section is repealed on July 1, 1998.
18 (Source: P.A. 82-789.)
19 Section 5-152. The Civil Administrative Code of Illinois
20 is amended by changing Section 49.32 as follows:
21 (20 ILCS 2705/49.32) (from Ch. 127, par. 49.32)
22 Sec. 49.32. Railway service studies.
23 (a) The Department shall conduct a study to evaluate
24 potential ridership, cost, and cost recovery for rail
25 passenger service between Chicago and St. Louis via Illinois
26 Central and Norfolk and Western rail lines through Kankakee,
27 Champaign-Urbana, Decatur, and Springfield and submit a
28 report of its findings to the General Assembly by January 9,
29 1992. This study shall include the feasibility of a train
30 route from Champaign-Urbana that arrives in Chicago before
31 9:00 a.m. each business day.
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1 (b) This Section is repealed on July 1, 1998.
2 (Source: P.A. 87-451.)
3 Section 5-155. The Rail Passenger Service Act is amended
4 by adding Section 3.1 as follows:
5 (20 ILCS 2710/3.1 new)
6 Sec. 3.1. Repeal. This Act is repealed on July 1, 1998.
7 Section 5-161. The Capital Development Board Act is
8 amended by changing Section 11 as follows:
9 (20 ILCS 3105/11) (from Ch. 127, par. 781)
10 Sec. 11. The Board shall establish a schedule for the
11 transfer of all projects previously authorized by the General
12 Assembly for construction by the Illinois Building Authority,
13 but not bonded by the Illinois Building Authority at the time
14 this Act shall become effective, including the assignment of
15 construction contracts and other related contracts, transfer
16 of title to real property to the appropriate state agency,
17 and supervision of construction. Such transfer shall be
18 completed no later than June 30, 1973.
19 This Section is repealed on July 1, 1998.
20 (Source: P.A. 77-1995.)
21 Section 5-185. The Illinois Coordinating Committee on
22 Transportation Act is amended by adding Section 4.1 as
23 follows:
24 (20 ILCS 3925/4.1 new)
25 Sec. 4.1. Repeal. This Act is repealed on July 1, 1998.
26 Section 5-205. The Science Advisory Council Act is
27 amended by adding Section 5.1 as follows:
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1 (20 ILCS 4025/5.1 new)
2 Sec. 5.1. Repeal. This Act is repealed on July 1, 1998.
3 Section 5-215. The State Finance Act is amended by
4 changing Sections 3, 6h, 6v, 8.1, 8.21, and 8a as follows:
5 (30 ILCS 105/3) (from Ch. 127, par. 139)
6 Sec. 3. (a) Except as otherwise provided in subsection
7 (b), each officer of the executive department and all public
8 institutions of the State shall, at least ten days preceding
9 each regular session of the General Assembly, make and
10 deliver to the Governor an annual a biennial report of their
11 acts and doings, respectively, arranged so as to show the
12 acts and doings of each for the fiscal year ending in the
13 calendar separately, closing with the fiscal year immediately
14 preceding the calendar year in which that each regular
15 session of the General Assembly convenes.
16 (b) The University of Illinois shall, at least 10 days
17 preceding each regular session of the General Assembly, make
18 and deliver to the Governor an annual report of its acts and
19 doings for the fiscal year ending in the calendar year
20 immediately preceding the calendar year in which that regular
21 session of the General Assembly convenes.
22 (Source: P.A. 86-1189.)
23 (30 ILCS 105/6h) (from Ch. 127, par. 142h)
24 Sec. 6h. All payments received under Subtitle A of Title
25 I of the federal "State and Local Fiscal Assistance Act of
26 1972" (Pl. 92-512; 86 Stat. 919) and any interest earned on
27 or accruing to such payments shall be deposited in the
28 Federal Fiscal Assistance Trust Fund.
29 This Section is repealed on July 1, 1998.
30 (Source: P.A. 78-556.)
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1 (30 ILCS 105/6v) (from Ch. 127, par. 142v)
2 Sec. 6v. All payments received under Title II of the
3 federal "Public Works Employment Act of 1976", P.L. 94-369,
4 and any interest earned on or accruing to such payments shall
5 be deposited in the Federal Public Works Assistance Fund.
6 This Section is repealed on July 1, 1998.
7 (Source: P.A. 79-1484.)
8 (30 ILCS 105/8.1) (from Ch. 127, par. 144.1)
9 Sec. 8.1. Appropriations from the Federal Fiscal
10 Assistance Trust Fund shall be for objects and purposes in
11 accord with the federal State and Local Fiscal Assistance Act
12 of 1972 (P.L. 92-512; 86 Stat. 919).
13 This Section is repealed on July 1, 1998.
14 (Source: P.A. 89-626, eff. 8-9-96.)
15 (30 ILCS 105/8.21) (from Ch. 127, par. 144.21)
16 Sec. 8.21. Appropriations from the Federal Public Works
17 and Economic Development Trust Fund shall be for objects and
18 purposes in accord with the federal Public Works and Economic
19 Development Act of 1965, as amended, 42 USC 3121, et seq.,
20 under the administration of the Department of Commerce and
21 Community Affairs.
22 This Section is repealed on July 1, 1998.
23 (Source: P.A. 81-1509.)
24 (30 ILCS 105/8a) (from Ch. 127, par. 144a)
25 Sec. 8a. Common School Fund.
26 (a) Except as provided in subsection (b) of this Section
27 and except as otherwise provided in this subsection (a) with
28 respect to amounts transferred from the General Revenue Fund
29 to the Common School Fund for distribution therefrom for the
30 benefit of the Teachers' Retirement System of the State of
31 Illinois and the Public School Teachers' Pension and
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1 Retirement Fund of Chicago:
2 (1) With respect to all school districts, for each
3 fiscal year other than fiscal year 1994, on or before the
4 eleventh and twenty-first days of each of the months of
5 August through the following July, at a time or times
6 designated by the Governor, the State Treasurer and the
7 State Comptroller shall transfer from the General Revenue
8 Fund to the Common School Fund 1/24 or so much thereof as
9 may be necessary of the amount appropriated to the State
10 Board of Education for distribution to all school
11 districts from such Common School Fund, for the fiscal
12 year, including interest on the School Fund proportionate
13 for that distribution for such year.
14 (2) With respect to all school districts, but for
15 fiscal year 1994 only, on the 11th day of August, 1993
16 and on or before the 11th and 21st days of each of the
17 months of October, 1993 through July, 1994 at a time or
18 times designated by the Governor, the State Treasurer and
19 the State Comptroller shall transfer from the General
20 Revenue Fund to the Common School Fund 1/24 or so much
21 thereof as may be necessary of the amount appropriated to
22 the State Board of Education for distribution to all
23 school districts from such Common School Fund, for fiscal
24 year 1994, including interest on the School Fund
25 proportionate for that distribution for such year; and on
26 or before the 21st day of August, 1993 at a time or times
27 designated by the Governor, the State Treasurer and the
28 State Comptroller shall transfer from the General Revenue
29 Fund to the Common School Fund 3/24 or so much thereof as
30 may be necessary of the amount appropriated to the State
31 Board of Education for distribution to all school
32 districts from the Common School Fund, for fiscal year
33 1994, including interest proportionate for that
34 distribution on the School Fund for such fiscal year.
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1 The amounts of the payments made in July of each year:
2 (i) shall be considered an outstanding liability as of the
3 30th day of June immediately preceding those July payments,
4 within the meaning of Section 25 of this Act; (ii) shall be
5 payable from the appropriation for the fiscal year that ended
6 on that 30th day of June; and (iii) shall be considered
7 payments for claims covering the school year that commenced
8 during the immediately preceding calendar year.
9 Notwithstanding the foregoing provisions of this
10 subsection, as soon as may be after the 10th and 20th days of
11 each of the months of August through May, 1/24, and on or as
12 soon as may be after the 10th and 20th days of June, 1/12 of
13 the annual amount appropriated to the State Board of
14 Education for distribution and payment during that fiscal
15 year from the Common School Fund to and for the benefit of
16 the Teachers' Retirement System of the State of Illinois
17 (until the end of State fiscal year 1995) and the Public
18 School Teachers' Pension and Retirement Fund of Chicago as
19 provided by the Illinois Pension Code and Section 18-7 of the
20 School Code, or so much thereof as may be necessary, shall be
21 transferred by the State Treasurer and the State Comptroller
22 from the General Revenue Fund to the Common School Fund to
23 permit semi-monthly payments from the Common School Fund to
24 and for the benefit of such teacher retirement systems as
25 required by Section 18-7 of the School Code.
26 Notwithstanding the other provisions of this Section, on
27 or as soon as may be after the 15th day of each month,
28 beginning in July of 1995, 1/12 of the annual amount
29 appropriated for that fiscal year from the Common School Fund
30 to the Teachers' Retirement System of the State of Illinois
31 (other than amounts appropriated under Section 1.1 of the
32 State Pension Funds Continuing Appropriation Act), or so much
33 thereof as may be necessary, shall be transferred by the
34 State Treasurer and the State Comptroller from the General
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1 Revenue Fund to the Common School Fund to permit monthly
2 payments from the Common School Fund to that retirement
3 system in accordance with Section 16-158 of the Illinois
4 Pension Code and Section 18-7 of the School Code. Amounts
5 appropriated to the Teachers' Retirement System of the State
6 of Illinois under Section 1.1 of the State Pension Funds
7 Continuing Appropriation Act shall be transferred by the
8 State Treasurer and the State Comptroller from the General
9 Revenue Fund to the Common School Fund as necessary to
10 provide for the payment of vouchers drawn against those
11 appropriations.
12 The Governor may notify the State Treasurer and the State
13 Comptroller to transfer, at a time designated by the
14 Governor, such additional amount as may be necessary to
15 effect advance distribution to school districts of amounts
16 that otherwise would be payable in the next month pursuant to
17 Sections 18-8 through 18-10 of the School Code. The State
18 Treasurer and the State Comptroller shall thereupon transfer
19 such additional amount. The aggregate amount transferred from
20 the General Revenue Fund to the Common School Fund in the
21 eleven months beginning August 1 of any fiscal year shall not
22 be in excess of the amount necessary for payment of claims
23 certified by the State Superintendent of Education pursuant
24 to the appropriation of the Common School Fund for that
25 fiscal year. Notwithstanding the provisions of the first
26 paragraph in this section, no transfer to effect an advance
27 distribution shall be made in any month except on
28 notification, as provided above, by the Governor.
29 The State Comptroller and State Treasurer shall transfer
30 from the General Revenue Fund to the Common School Fund such
31 amounts as may be required to honor the vouchers presented by
32 the State Board of Education pursuant to Sections 18-3,
33 18-4.2, 18-4.3, 18-5, 18-6 and 18-7 of the School Code.
34 The State Comptroller and State Treasurer shall transfer
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1 from the Federal Fiscal Assistance Trust Fund to the Common
2 School Fund such amounts as the Director of the Bureau of the
3 Budget, with the approval of the Governor, directs so long as
4 no transfer causes the balance remaining in the Federal
5 Fiscal Assistance Fund and the estimated receipts to that
6 Fund to be insufficient to support unexpended appropriations
7 from that Fund.
8 The State Comptroller and State Treasurer shall transfer
9 from the Federal Public Works Assistance Fund to the Common
10 School Fund such amounts as the Director of the Bureau of the
11 Budget, with the approval of the Governor, directs so long as
12 no transfer causes the balance remaining in the Federal
13 Public Works Assistance Fund and the estimated receipts to
14 that Fund to be insufficient to support unexpended
15 appropriations from that Fund.
16 The State Comptroller shall report all transfers provided
17 for in this Act to the President of the Senate, Minority
18 Leader of the Senate, Speaker of the House, and Minority
19 Leader of the House.
20 (b) On or before the 11th and 21st days of each of the
21 months of June, 1982 through July, 1983, at a time or times
22 designated by the Governor, the State Treasurer and the State
23 Comptroller shall transfer from the General Revenue Fund to
24 the Common School Fund 1/24 or so much thereof as may be
25 necessary of the amount appropriated to the State Board of
26 Education for distribution from such Common School Fund, for
27 that same fiscal year, including interest on the School Fund
28 for such year. The amounts of the payments in the months of
29 July, 1982 and July, 1983 shall be considered an outstanding
30 liability as of the 30th day of June immediately preceding
31 such July payment, within the meaning of Section 25 of this
32 Act, and shall be payable from the appropriation for the
33 fiscal year which ended on such 30th day of June, and such
34 July payments shall be considered payments for claims
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1 covering school years 1981-1982 and 1982-1983 respectively.
2 In the event the Governor makes notification to effect
3 advanced distribution under the provisions of subsection (a)
4 of this Section, the aggregate amount transferred from the
5 General Revenue Fund to the Common School Fund in the 12
6 months beginning August 1, 1981 or the 12 months beginning
7 August 1, 1982 shall not be in excess of the amount necessary
8 for payment of claims certified by the State Superintendent
9 of Education pursuant to the appropriation of the Common
10 School Fund for the fiscal years commencing on the first of
11 July of the years 1981 and 1982.
12 (Source: P.A. 87-14; 87-895; 88-89; 88-593, eff. 8-22-94.)
13 Section 5-220. The Health Finance Transfer of Funds Act
14 is amended by adding Section 1.1 as follows:
15 (30 ILCS 140/1.1 new)
16 Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
17 Section 5-235. The Vehicle Recycling Fund Transfer Act
18 is amended by adding Section 1.1 as follows:
19 (30 ILCS 180/1.1 new)
20 Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
21 Section 5-260. The State Mandates Act is amended by
22 changing Section 4 as follows:
23 (30 ILCS 805/4) (from Ch. 85, par. 2204)
24 Sec. 4. Collection and maintenance of information
25 concerning state mandates.
26 (a) The Department of Commerce and Community Affairs,
27 hereafter referred to as the Department, shall be responsible
28 for:
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1 (1) Collecting and maintaining information on State
2 mandates, including information required for effective
3 implementation of the provisions of this Act.
4 (2) Reviewing local government applications for
5 reimbursement submitted under this Act in cases in which
6 the General Assembly has appropriated funds to reimburse
7 local governments for costs associated with the
8 implementation of a State mandate. In cases in which
9 there is no appropriation for reimbursement, upon a
10 request for determination of a mandate by a unit of local
11 government, or more than one unit of local government
12 filing a single request, other than a school district or
13 a community college district, the Department shall
14 determine whether a Public Act constitutes a mandate and,
15 if so, the Statewide cost of implementation.
16 (3) Hearing complaints or suggestions from local
17 governments and other affected organizations as to
18 existing or proposed State mandates.
19 (4) Reporting each year to the Governor and the
20 General Assembly regarding the administration of
21 provisions of this Act and changes proposed to this Act.
22 The Illinois Commission on Intergovernmental Cooperation
23 shall conduct an annual semi-annual public hearing hearings
24 to review the information collected and the recommendations
25 made by the Department under this subsection (a). The
26 Department shall cooperate fully with the Commission,
27 providing any information, supporting documentation and other
28 assistance required by the Commission to facilitate the
29 conduct of the hearing hearings.
30 (b) Within 2 years following the effective date of this
31 Act, the Department shall collect and tabulate relevant
32 information as to the nature and scope of each existing State
33 mandate, including but not necessarily limited to (i)
34 identity of type of local government and local government
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1 agency or official to whom the mandate is directed; (ii)
2 whether or not an identifiable local direct cost is
3 necessitated by the mandate and the estimated annual amount;
4 (iii) extent of State financial participation, if any, in
5 meeting identifiable costs; (iv) State agency, if any,
6 charged with supervising the implementation of the mandate;
7 and (v) a brief description of the mandate and a citation of
8 its origin in statute or regulation.
9 (c) The resulting information from subsection (b) shall
10 be published in a catalog available to members of the General
11 Assembly, State and local officials, and interested citizens.
12 As new mandates are enacted they shall be added to the
13 catalog, and each January 31 the Department shall list each
14 new mandate enacted at the preceding session of the General
15 Assembly, and the estimated additional identifiable direct
16 costs, if any imposed upon local governments. A revised
17 version of the catalog shall be published every 2 years
18 beginning with the publication date of the first catalog.
19 (d) Failure of the General Assembly to appropriate
20 adequate funds for reimbursement as required by this Act
21 shall not relieve the Department of Commerce and Community
22 Affairs from its obligations under this Section.
23 (Source: P.A. 89-304, eff. 8-11-95.)
24 Section 5-267. The Illinois Municipal Code is amended by
25 changing Section 2-4-6 as follows:
26 (65 ILCS 5/2-4-6) (from Ch. 24, par. 2-4-6)
27 Sec. 2-4-6. If a change of name is made, the corporate
28 authorities shall file a copy of the order making the change
29 with the Secretary of State. The Secretary of State He shall
30 publish a notice of the change at least once in one or more
31 newspapers published in the municipality, or, if no newspaper
32 is published therein, then in one or more newspapers with a
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1 general circulation within the municipality. In
2 municipalities with less than 500 population in which no
3 newspaper is published, publication may instead be made by
4 posting a notice in 3 prominent places within the
5 municipality. The courts shall take judicial notice of the
6 change of name.
7 (Source: Laws 1961, p. 576.)
8 Section 5-270. The East St. Louis Area Development Act
9 is amended by adding Section 25.1 as follows:
10 (70 ILCS 505/25.1 new)
11 Sec. 25.1. Repeal. This Act is repealed on July 1,
12 1998.
13 Section 5-280. The School Code is amended by changing
14 Sections 2-2, 2-3.23, 2-3.42, 2-3.47, and 27-7 as follows:
15 (105 ILCS 5/2-2) (from Ch. 122, par. 2-2)
16 Sec. 2-2. Oath - Bond. Before entering upon their duties
17 the members of the State Board of Education shall take and
18 subscribe the oath of office prescribed by the Constitution
19 and execute a bond in the penalty of $25,000.00 payable to
20 the People of the State of Illinois, with sureties to be
21 approved by the Governor, conditioned upon the faithful
22 discharge of their duties. Such bond and oath shall be filed
23 deposited with the Secretary of State.
24 (Source: P.A. 81-1508.)
25 (105 ILCS 5/2-3.23) (from Ch. 122, par. 2-3.23)
26 Sec. 2-3.23. Reports from universities, colleges, etc. To
27 request the president, principal or other proper officer of
28 every organized university, college, seminary, academy or
29 other educational institution, whether incorporated or
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1 unincorporated, to submit such report as it may require, in
2 order to lay before the General Assembly a full exhibit of
3 the affairs and conditions of such institutions and of the
4 educational resources of the State.
5 This Section is repealed on July 1, 1998.
6 (Source: P.A. 81-1508.)
7 (105 ILCS 5/2-3.42) (from Ch. 122, par. 2-3.42)
8 Sec. 2-3.42. Minimal competency testing. To prepare
9 procedures and materials to encourage and assist local school
10 districts to develop minimal competency testing programs.
11 Such procedures and materials shall be developed by December
12 15, 1978. To report to the General Assembly recommendations
13 for legislation resulting from its policy study and cost
14 analysis by June 30, 1980.
15 This Section is repealed on July 1, 1998.
16 (Source: P.A. 80-1412; 80-1494.)
17 (105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
18 Sec. 2-3.47. Comprehensive Educational Plan. The State
19 Board of Education shall promptly undertake to analyze the
20 current and anticipated problems and deficiencies, present
21 and future minimum needs and requirements and immediate and
22 future objectives and goals of elementary and secondary
23 education in the State of Illinois, and shall design and
24 prepare a Comprehensive Educational Plan for the development,
25 expansion, integration, coordination, and improved and
26 efficient utilization of the personnel, facilities, revenues,
27 curricula and standards of elementary and secondary education
28 for the public schools in the areas of teaching (including
29 preparation, certification, compensation, classification,
30 performance rating and tenure), administration, program
31 content and enrichment, student academic achievement, class
32 size, transportation, educational finance and budgetary and
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1 accounting procedure, and educational policy and resource
2 planning. In formulating the Comprehensive Educational Plan
3 for elementary and secondary education, pre-school through
4 grade 12, in this State, the State Board of Education shall
5 give consideration to disabled, gifted, occupational, career
6 and other specialized areas of elementary and secondary
7 education, and further shall consider the problems,
8 requirements and objectives of private elementary and
9 secondary schools within the State as the same relate to the
10 present and future problems, deficiencies, needs,
11 requirements, objectives and goals of the public school
12 system of Illinois. As an integral part of the Comprehensive
13 Educational Plan, the State Board of Education shall develop
14 an annual budget for education for the entire State which
15 details the required, total revenues from all sources and the
16 estimated total expenditures for all purposes for each of the
17 first 3 fiscal years of operation under the Comprehensive
18 Educational Plan. The budgets shall specify the amount of
19 revenue projected from each source and the amount of
20 expenditure estimated for each purpose for the each such
21 fiscal year, and shall specifically relate and identify such
22 projected revenues and estimated expenditures to the
23 particular problem, deficiency, need, requirement, objective
24 or goal set forth in the Comprehensive Educational Plan to
25 which such revenues for expenditures are attributable. The
26 State Board of Education shall prepare and submit to the
27 General Assembly and the Governor drafts of proposed
28 legislation to implement the Comprehensive Educational Plan;
29 shall engage in a continuing study, analysis and evaluation
30 of the Comprehensive Educational Plan so designed and
31 prepared; shall timely continue to develop an annual budget
32 for education for the entire State for operation under the
33 Comprehensive Educational Plan for fiscal years subsequent to
34 the 3 fiscal years covered by the budgets initially
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1 developed; and shall from time to time as required with
2 respect to such annual budgets, and as the State Board of
3 Education shall determine with respect to any proposed
4 amendments or modifications of any Comprehensive Educational
5 Plan enacted by the General Assembly, submit its drafts or
6 recommendations for proposed legislation to the General
7 Assembly and the Governor.
8 (Source: P.A. 89-397, eff. 8-20-95.)
9 (105 ILCS 5/27-7) (from Ch. 122, par. 27-7)
10 Sec. 27-7. Purposes of courses in physical education and
11 training - Courses of instruction. Courses in physical
12 education and training shall be for the following purposes:
13 1. to develop organic vigor;
14 2. to provide bodily and emotional poise;
15 3. to provide neuro-muscular training;
16 4. to prevent or correct certain postural defects;
17 5. to develop strength and endurance;
18 6. to develop desirable moral and social qualities;
19 7. to promote hygienic school and home life; and
20 8. to secure scientific supervision of the sanitation
21 and safety of school buildings, playgrounds, athletic fields
22 and equipment thereof.
23 The State Board of Education shall prepare and make
24 available guidelines courses of instruction in physical
25 education and training that may be used as guides for the
26 various grades and types of schools in order to make
27 effective the purposes set forth in this section and the
28 requirements provided in Section 27-6, and shall see that the
29 general provisions and intent of Sections 27-5 to 27-9,
30 inclusive, are enforced.
31 (Source: P.A. 81-1508.)
32 Section 5-285. The Critical Health Problems and
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1 Comprehensive Health Education Act is amended by changing
2 Section 5 as follows:
3 (105 ILCS 110/5) (from Ch. 122, par. 865)
4 (Text of Section before amendment by P.A. 89-507)
5 Sec. 5. Advisory Committee. An advisory committee
6 consisting of 12 members is hereby established as follows:
7 the Chairman of the Illinois Commission on Children, the
8 Director of the Illinois Department of Public Health, the
9 Director of the Illinois Department of Mental Health and
10 Developmental Disabilities, the Director of the Illinois
11 Department of Alcoholism and Substance Abuse, the Director of
12 the Illinois Department of Children and Family Services, the
13 Chairman of the Illinois Joint Committee on School Health,
14 and 6 members to be appointed by the State Board of Education
15 to be chosen, insofar as is possible, from the following
16 groups: colleges and universities, voluntary health agencies,
17 medicine, dentistry, professional health associations,
18 teachers, administrators, members of local boards of
19 education, and lay citizens. The original public members
20 shall, upon their appointment, serve until July 1, 1973, and,
21 thereafter, new appointments of public members shall be made
22 in like manner and such members shall serve for 4 year terms
23 commencing on July 1, 1973, and until their successors are
24 appointed and qualified. Vacancies in the terms of public
25 members shall be filled in like manner as original
26 appointments for the balance of the unexpired terms. The
27 members of the advisory committee shall receive no
28 compensation but shall be reimbursed for actual and necessary
29 expenses incurred in the performance of their duties. Such
30 committee shall select a chairman and establish rules and
31 procedures for its proceedings not inconsistent with the
32 provisions of this Act. Such committee shall advise the State
33 Board of Education on all matters relating to the
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1 implementation of the provisions of this Act. They shall
2 assist in presenting advice and interpretation concerning a
3 comprehensive health education program to the Illinois
4 public, especially as related to critical health problems.
5 They shall also assist in establishing a sound understanding
6 and sympathetic relationship between such comprehensive
7 health education program and the public health, welfare and
8 educational programs of other agencies in the community.
9 (Source: P.A. 83-969.)
10 (Text of Section after amendment by P.A. 89-507)
11 Sec. 5. Advisory Committee. An advisory committee
12 consisting of 11 12 members is hereby established as follows:
13 the Chairman of the Illinois Commission on Children, the
14 Director of Public Health, the Secretary of Human Services
15 and an additional person representing the Department of Human
16 Services designated by the Secretary, the Director of
17 Children and Family Services, the Chairman of the Illinois
18 Joint Committee on School Health, and 6 members to be
19 appointed by the State Board of Education to be chosen,
20 insofar as is possible, from the following groups: colleges
21 and universities, voluntary health agencies, medicine,
22 dentistry, professional health associations, teachers,
23 administrators, members of local boards of education, and lay
24 citizens. The original public members shall, upon their
25 appointment, serve until July 1, 1973, and, thereafter, new
26 appointments of public members shall be made in like manner
27 and such members shall serve for 4 year terms commencing on
28 July 1, 1973, and until their successors are appointed and
29 qualified. Vacancies in the terms of public members shall be
30 filled in like manner as original appointments for the
31 balance of the unexpired terms. The members of the advisory
32 committee shall receive no compensation but shall be
33 reimbursed for actual and necessary expenses incurred in the
34 performance of their duties. Such committee shall select a
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1 chairman and establish rules and procedures for its
2 proceedings not inconsistent with the provisions of this Act.
3 Such committee shall advise the State Board of Education on
4 all matters relating to the implementation of the provisions
5 of this Act. They shall assist in presenting advice and
6 interpretation concerning a comprehensive health education
7 program to the Illinois public, especially as related to
8 critical health problems. They shall also assist in
9 establishing a sound understanding and sympathetic
10 relationship between such comprehensive health education
11 program and the public health, welfare and educational
12 programs of other agencies in the community.
13 (Source: P.A. 89-507, eff. 7-1-97.)
14 Section 5-295. The 1985 School District Reorganization
15 Act is amended by adding Section 9.1 as follows:
16 (105 ILCS 220/9.1 new)
17 Sec. 9.1. Repeal. This Act is repealed on July 1, 1998.
18 Section 5-302. The Campus Demonstrations Policy Act is
19 amended by changing Section 2 as follows:
20 (110 ILCS 10/2) (from Ch. 144, par. 226)
21 Sec. 2. The administration of each State-supported
22 institution of higher learning is responsible for maintaining
23 decorum and order on the campus of that institution and shall
24 file a "Policy on Demonstrations" with the Board of Higher
25 Education and the Governor.
26 (Source: P.A. 76-1583.)
27 Section 5-303. The Board of Higher Education Act is
28 amended by changing Sections 6.3 and 9.14 as follows:
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1 (110 ILCS 205/6.3) (from Ch. 144, par. 186.3)
2 Sec. 6.3. The Board shall, after affording a full
3 opportunity to the State universities and colleges to be
4 heard, design and establish a comprehensive energy plan
5 including, but not limited to, energy conservation, research
6 for the development of alternate sources of energy, and
7 management plans for the use of land, buildings, equipment
8 and vehicles. The Board shall submit to the General Assembly
9 and the Governor drafts of proposed legislation developed
10 from the comprehensive energy plan by March 1, 1978. It
11 shall be the responsibility of the Board to recommend
12 modifications to the plan as deemed necessary through an
13 annual review submitted to the Governor and General Assembly.
14 This Section is repealed on July 1, 1998.
15 (Source: P.A. 80-433.)
16 (110 ILCS 205/9.14) (from Ch. 144, par. 189.14)
17 Sec. 9.14. To administer the "Illinois
18 Architecture-Engineering Internship Act of 1983", approved
19 September 26, 1983, as now or hereafter amended, and to
20 promulgate rules and regulations for the administration of
21 the program.
22 This Section is repealed on July 1, 1998.
23 (Source: P.A. 83-1362.)
24 Section 5-304. The University of Illinois Act is amended
25 by changing Section 1b as follows:
26 (110 ILCS 305/1b) (from Ch. 144, par. 22b)
27 Sec. 1b. The Board of Trustees shall, by January 1,
28 1985, submit to the office of the State Fire Marshal plans
29 for a smoke detection system in all University dormitory
30 corridors which shall be connected to a monitor panel and to
31 a central fire alarm system.
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1 This Section is repealed on July 1, 1998.
2 (Source: P.A. 83-719.)
3 Section 5-307. The University of Illinois Agricultural
4 Experimental Station Act is amended by adding Section 1.1 as
5 follows:
6 (110 ILCS 390/1.1 new)
7 Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
8 Section 5-308. The Southern Illinois University Name
9 Change Act is amended by adding Section 1.1 as follows:
10 (110 ILCS 505/1.1 new)
11 Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
12 Section 5-310. The Southern Illinois University
13 Revenue-producing Buildings and Structures Act is amended by
14 adding Section 7.1 as follows:
15 (110 ILCS 515/7.1 new)
16 Sec. 7.1. Repeal. This Act is repealed on July 1, 1998.
17 Section 5-312. The Public Community College Act is
18 amended by changing Sections 2-4, 6-5.3a, 6-5.9, 6-7, 6-7.1,
19 6-7.2, 6-7.3, 6-7.4, and 6-7.5 as follows:
20 (110 ILCS 805/2-4) (from Ch. 122, par. 102-4)
21 Sec. 2-4. The State Board shall have the power to make
22 and provide rules and regulations not inconsistent with the
23 provisions of this Act. The rules shall include, but shall
24 not be limited to: (a) the information which the State Board
25 requires of community college districts when applying for
26 approval of new colleges and branches, including (i) the
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1 name, district number, and college number of the college
2 applying for approval of a new branch, and (ii) the name,
3 location, and address of the proposed branch, and (iii) the
4 proposed date of implementation of the application; (b)
5 (blank) the information which the State Board requires of
6 community college districts when applying for approval to
7 extend the courses into non-district territory, including (i)
8 the name, district number, and college number of the college
9 submitting the application to the State Board, (ii) each
10 location to which the college intends to extend existing
11 courses, (iii) the course prefix, number and title, the term
12 the course is to be offered, and the expected midterm
13 enrollment for each course, (iv) the name of the organization
14 or group requesting the course extension, and (v) a
15 description of financial support for the extension of
16 courses; and (c) the information which the State Board
17 requires of community college districts when applying for
18 approval of new programs, including (i) the community college
19 district name and number, (ii) the name, location, and
20 address of the proposed college, and (iii) the proposed date
21 of implementation of the application. The State Board may not
22 require information other than that specified in the rules.
23 Such rules and regulations and changes therein shall be filed
24 and shall become effective as provided by "The Illinois
25 Administrative Procedure Act", approved September 22, 1975,
26 as now or hereafter amended.
27 (Source: P.A. 84-1358.)
28 (110 ILCS 805/6-5.3a) (from Ch. 122, par. 106-5.3a)
29 Sec. 6-5.3a. (a) Any part of the territory included in a
30 community college district may be disconnected from that
31 district without being annexed to another community college
32 district if: (1) the disconnecting territory is situated in
33 a school district which lies partly within the community
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1 college district and partly outside of the community college
2 district; (2) the board of education of the school district
3 is or may be required to pay tuition to the community college
4 district pursuant to Section 6-2 of this Act; (3) the
5 disconnection of the territory will not destroy the
6 contiguity of the community college district; and (4) the
7 disconnection from the community college district of which
8 the territory is presently a part will not reduce the
9 population and equalized assessed valuation of the remainder
10 of that district below that required for original
11 organization.
12 (b) Subject to those conditions, a petition signed by
13 2/3 of the resident voters of the disconnecting territory may
14 be filed on or before January 1, 1984 with the circuit court
15 of the county in which the majority of the territory is
16 situated. The petition must contain: (1) a description of
17 the territory to be disconnected; (2) an affirmation that all
18 the conditions required for disconnection by subsection (a)
19 exist; and (3) a request for an order of disconnection.
20 (c) If the court, after a hearing on the matter,
21 determines that all of the allegations in the petition are
22 true, it shall enter an order revising the boundaries of the
23 community college district and determining what portion of
24 the bonded indebtedness of the community college district is
25 attributable to the disconnecting territory.
26 (d) This Section is repealed on July 1, 1998.
27 (Source: P.A. 83-132.)
28 (110 ILCS 805/6-5.9) (from Ch. 122, par. 106-5.9)
29 Sec. 6-5.9. The decision of the State Board after a
30 hearing under Section 6-5.3 shall be deemed an
31 "administrative decision" as defined in Section 3-101 of the
32 Code of Civil Procedure and any petitioner or resident who
33 appears at the hearing may file a complaint for a review of
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1 such decision in accordance with the Administrative Review
2 Law, and all amendments and modifications thereof and the
3 rules adopted pursuant thereto. The commencement of any
4 action for review shall operate as a stay of enforcement as
5 to any election on the boundary change, pending final
6 disposition of that review.
7 This Section is repealed on July 1, 1998.
8 (Source: P.A. 84-551.)
9 (110 ILCS 805/6-7) (from Ch. 122, par. 106-7)
10 Sec. 6-7. (a) Any compact and contiguous territory not
11 a part of a community college district established under
12 Article III, VI or VII of this Act, but contiguous thereto,
13 may be annexed to that community college district upon the
14 filing of a petition signed by 51% of the registered voters
15 of the territory with the State Board. The petition must
16 contain a description of the territory to be annexed and
17 request the annexation thereof to the community college
18 district designated therein. If there are no registered
19 voters in the territory proposed to be annexed, the petition
20 may be signed by owners of 51% of the real property in the
21 territory proposed to be annexed.
22 (b) Any compact and contiguous territory not a part of a
23 community college district established under Article III, VI
24 or VII of this Act, but contiguous thereto, may be annexed to
25 that community college district upon the filing of a petition
26 signed by 1/3 or 1,000, whichever is less, of the registered
27 voters of the territory with the State Board. The petition
28 must contain a description of the territory to be annexed and
29 request the annexation thereof to the community college
30 district designated therein. If there are no registered
31 voters in the territory proposed to be annexed, the petition
32 may be signed by owners of 1/3 of the real property in the
33 territory proposed to be annexed.
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1 (c) Any compact and contiguous territory not a part of a
2 community college district established under Article III, VI
3 or VII of this Act, but contiguous thereto, may be annexed to
4 that community college district upon the filing of a petition
5 signed by 1/10 or 500, whichever is less, of the registered
6 voters of the territory with the State Board. The petition
7 must contain a description of the territory to be annexed and
8 request that an election be called in the territory described
9 therein for the purpose of voting on the proposition whether
10 that territory shall be annexed to the community college
11 district designated therein.
12 (d) Any compact and contiguous territory not a part of a
13 community college district established under Article III, VI
14 or VII of this Act, but contiguous thereto, may be annexed to
15 that community college district upon the filing with the
16 State Board of a resolution duly adopted by the board of
17 education having jurisdiction over the high school or high
18 schools which serve that territory. The resolution must
19 contain a description of the territory to be annexed and
20 request the annexation thereof to the community college
21 district designated therein.
22 (e) For purposes of this Section, a territory shall be
23 considered contiguous to a community college district if at
24 any time such territory was contiguous to that community
25 college district or any territory assigned to such district
26 by the State Board, notwithstanding any subsequent change in
27 status of the boundaries of the community college district or
28 territory assigned to such district.
29 (f) This Section is repealed on July 1, 1998.
30 (Source: P.A. 79-1342.)
31 (110 ILCS 805/6-7.1) (from Ch. 122, par. 106-7.1)
32 Sec. 6-7.1. Upon the receipt of a petition filed under
33 paragraph (a) of Section 6-7 and signed by 51% of the
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1 registered voters of the territory described in the petition,
2 the State Board shall notify the board of the community
3 college district designated in such petition of the receipt
4 of the petition and shall cause to be published once in one
5 or more newspapers having a general circulation in the
6 territory described in the petition a notice stating that a
7 petition has been filed for certain described territory,
8 stating the prayer of that petition and that any persons
9 wishing to object to the prayer of that petition must file
10 with the State Board within 30 days of the publication date
11 of the notice, a petition signed by 10% or 25, whichever is
12 less, of the registered voters of that territory requesting a
13 public hearing on such petition. In the event that there are
14 no registered voters in the territory described in the
15 petition filed with the State Board, then any petition
16 requesting a public hearing shall be signed by the owners of
17 25% or more of the real property in that territory. If a
18 petition requesting a public hearing on the petition filed
19 with the State Board is so filed, the State Board shall set
20 that petition for hearing not sooner than 30 nor more than 90
21 days from the date on which the petition for a public hearing
22 was filed and shall cause notice of the date, time and place
23 of the hearing to be published once in one or more newspapers
24 having a general circulation in the territory described in
25 the petition and in the community college district designated
26 in the petition. On such day, or on a day to which the State
27 Board continues the hearing the State Board, or a hearing
28 officer appointed by it, shall conduct the hearing on the
29 petition and determine its sufficiency under this Article and
30 may adjourn the hearing from time to time or continue the
31 matter for want of sufficient notice or for other good cause.
32 The State Board, or a hearing officer appointed by it, shall
33 hear any additional evidence as to the educational needs and
34 conditions of the territory described in the petition and in
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1 the area within and adjacent to such territory. If a hearing
2 officer is appointed, he shall report a summary of the
3 testimony to the State Board. At the hearing, any resident of
4 the territory described in the petition, or any district
5 affected thereby, may appear in support of or against the
6 petition. If, on the basis of its own study, or at a public
7 hearing, the State Board finds the petition to be
8 insufficient, it shall disapprove the petition. If, on the
9 basis of its own study, or at a public hearing, the State
10 Board finds the petition to be sufficient, it shall determine
11 whether the prayer of the petition is in the best interests
12 of the schools and colleges in the general area and the
13 educational welfare of the students residing within the
14 territory described in the petition and shall either approve
15 or disapprove the petition. If the prayer of the petition is
16 determined to be in the best interests of the schools and
17 colleges in the general area and the educational welfare of
18 the students residing within the territory described in the
19 petition, the State Board shall approve the petition. If the
20 State Board disapproves the petition, no further action shall
21 be taken. If it approves the petition, the State Board shall
22 enter an order granting the prayer of the petition with the
23 county clerk of each county which contains territory
24 described in the petition and with the board of the community
25 college district affected. The order of the State Board
26 shall include a description of the territory to be annexed
27 and a map of each county affected, showing the amended
28 boundaries of all community college districts in each county
29 affected.
30 This Section is repealed on July 1, 1998.
31 (Source: P.A. 79-708.)
32 (110 ILCS 805/6-7.2) (from Ch. 122, par. 106-7.2)
33 Sec. 6-7.2. Upon the receipt of a petition filed under
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1 paragraph (b) of Section 6-7 and signed by 1/3 or 1,000,
2 whichever is less, of the registered voters in the territory
3 described in the petition, the State Board shall notify the
4 board of the community college district designated in the
5 petition of the receipt of the petition and shall cause to be
6 published once in one or more newspapers having a general
7 circulation in the territory described in the petition, a
8 notice stating that a petition has been filed for certain
9 described territory, stating the prayer of that petition and
10 that any persons wishing to object to the prayer of that
11 petition must file with the State Board within 30 days of the
12 publication date of such notice a petition signed by 10% or
13 25, whichever is less, of the registered voters of that
14 territory requesting a public hearing on such petition. In
15 the event that there are no registered voters in the
16 territory described in the petition filed with the State
17 Board, then any petition requesting a public hearing shall be
18 filed by the owners of 25% or more of the real property in
19 that territory. If a petition requesting a public hearing on
20 the petition filed with the State Board is so filed, the
21 State Board shall set that petition for hearing no sooner
22 than 30 nor more than 90 days from the date on which the
23 petition for a public hearing was filed and shall cause
24 notice of the date, time and place of the hearing to be
25 published once in one or more newspapers having a general
26 circulation in the territory described in the petition and in
27 the community college district designated therein. On such
28 day, or on a day to which the State Board continues that
29 hearing, the State Board or a hearing officer appointed by
30 it, shall conduct a hearing on the petition and determine its
31 sufficiency under this Article and may adjourn the hearing
32 from time to time or continue the hearing for want of
33 sufficient notice or for other good cause. The State Board,
34 or a hearing officer appointed by it, shall hear any
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1 additional evidence as to the educational needs and
2 conditions of the territory described in the petition and in
3 the area within and adjacent to such territory. If a hearing
4 officer is appointed, he shall report a summary of the
5 testimony to the State Board. At the hearing, any resident
6 of the territory described in the petition, or any district
7 affected thereby, may appear in support of or against the
8 petition. If, on the basis of its own study, or at a public
9 hearing, the State Board finds the petition to be
10 insufficient, it shall disapprove the petition. If, on the
11 basis of its own study, or at a public hearing, the State
12 Board finds the petition to be sufficient, it shall determine
13 whether the prayer of the petition is in the best interests
14 of the schools and colleges in the general area and the
15 educational welfare of the students residing within the
16 territory described in the petition and shall approve or
17 disapprove the petition. If the prayer of the petition is
18 determined to be in the best interests of the schools and
19 colleges in the general area and the educational welfare of
20 the students residing within the territory described in the
21 petition, the State Board shall approve the petition. If the
22 State Board disapproves the petition, no further action shall
23 be taken.
24 If the State Board approves the petition, and if no
25 public hearing has been held pursuant to this Section, the
26 State Board shall enter an order granting the prayer of the
27 petition with the county clerk of each county which contains
28 territory described in the petition and with the board of the
29 community college district affected. The order of the State
30 Board shall include a description of the territory to be
31 annexed and a map of each county affected, showing the
32 amended boundaries of all community college districts in each
33 county affected.
34 If the State Board approves the petition, and if a public
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1 hearing has been held pursuant to this Section, the State
2 Board shall cause to be published once in one or more
3 newspapers having a general circulation in the territory
4 described in the petition, a notice stating that the prayer
5 of that petition has been approved and that 1/10 or 25,
6 whichever is less, of the registered voters of the territory
7 described in the petition may file with the State Board,
8 within 30 days of the publication of the notice, a petition
9 requesting that the question of the annexation of the
10 territory described in the petition to the community college
11 district designated therein be submitted to the voters of
12 such territory. If such a petition is filed with the State
13 Board, the State Board shall direct the appropriate regional
14 superintendent, as determined in the manner provided in
15 Section 3-4, to certify the proposition to the proper
16 election authorities, who shall submit to the electorate at a
17 regular scheduled election in accordance with the general
18 election law the proposition presented by the petition in the
19 territory described in the petition. The costs thereof shall
20 be borne in accordance with Section 3-4.1. If a majority of
21 the votes cast on the proposition is in favor of the
22 proposition, the territory shall be annexed in accordance
23 with the prayer of the petition. Within 30 days after the
24 referendum, the appropriate regional superintendent shall
25 make and file with the State Board, with the county clerk of
26 each county affected, and with the board of the community
27 college district affected, a map showing the amended
28 boundaries of the community college district to which the
29 territory described in the petition has been annexed. If no
30 petition requesting a referendum on the proposition presented
31 by the petition is filed with the State Board, the State
32 Board shall enter an order granting the prayer of the
33 petition with the county clerk of each county which contains
34 territory described in the petition and with the board of the
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1 community college district affected. The order by the State
2 Board shall include a description of the territory to be
3 annexed and a map of each county affected, showing the
4 amended boundaries of all community college districts in each
5 county affected.
6 This Section is repealed on July 1, 1998.
7 (Source: P.A. 81-1489.)
8 (110 ILCS 805/6-7.3) (from Ch. 122, par. 106-7.3)
9 Sec. 6-7.3. Upon the receipt of a petition filed under
10 paragraph (c) of Section 6-7 and signed by 1/10 or 500,
11 whichever is less, of the registered voters of the territory
12 described in the petition, the State Board shall notify the
13 board of the community college district designated therein of
14 the receipt of the petition and shall set the petition for
15 hearing not sooner than 30 nor more than 90 days from the
16 date it was filed with the State Board and shall cause notice
17 of the filing of the petition and of the date, time and place
18 of the hearing to be published once in one or more newspapers
19 having a general circulation in the territory described in
20 the petition and in the community college district designated
21 in this petition. On such day, or on a day to which the State
22 Board continues the hearing, the State Board, or a hearing
23 officer appointed by it, shall hear the petition and
24 determine its sufficiency under this Article and may adjourn
25 the hearing from time to time or continue the matter for want
26 of sufficient notice or for other good cause. The State
27 Board, or a hearing officer appointed by it, shall hear any
28 additional evidence as to the educational needs and
29 conditions of the territory described in the petition, and in
30 the area within and adjacent to such territory, and, if a
31 hearing officer is appointed, he shall report a summary of
32 the testimony to the State Board. At the hearing, any
33 resident of the territory described in the petition or any
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1 district affected thereby may appear in support of or against
2 the petition. If the State Board finds the petition to be
3 insufficient, it shall disapprove the petition. If the State
4 Board finds the petition to be sufficient, it shall determine
5 whether the prayer of the petition is in the best interests
6 of the schools and colleges in the general area and the
7 educational welfare of the students residing within the
8 territory and shall either approve or disapprove the
9 petition. If the prayer of the petition is determined to be
10 in the best interests of the schools and colleges in the
11 general area and the educational welfare of the students
12 residing within the territory described in the petition, the
13 State Board shall approve the petition. If the State Board
14 disapproves the petition, no further action shall be taken.
15 If it approves the petition, the State Board shall direct the
16 appropriate regional superintendent, as determined in the
17 manner provided in Section 3-4 of this Act, to certify the
18 proposition presented by the petition to the proper election
19 officials who shall submit it to the electors in the
20 territory described in the petition at a regular scheduled
21 election in accordance with the general election law.
22 If a majority of the votes cast on the proposition is in
23 favor of the proposition, the territory shall be annexed in
24 accordance with the prayer of the petition. Within 30 days
25 after the referendum, the regional superintendent having
26 certified the proposition shall make and file with the State
27 Board, with the county clerk of each county affected, and
28 with the board of the community college district affected, a
29 map showing the amended boundaries of the community college
30 district to which the territory described in the petition has
31 been annexed.
32 This Section is repealed on July 1, 1998.
33 (Source: P.A. 81-1489.)
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1 (110 ILCS 805/6-7.4) (from Ch. 122, par. 106-7.4)
2 Sec. 6-7.4. Upon the receipt of a resolution filed under
3 paragraph (d) of Section 6-7 and duly adopted by the board of
4 education having jurisdiction over the high school or high
5 schools which serve the territory described in the
6 resolution, the State Board shall notify the board of the
7 community college district designated in the resolution of
8 the receipt of the resolution and shall cause to be published
9 once, in one or more newspapers having a general circulation
10 in the territory described in the resolution, a notice
11 stating that a resolution has been filed for certain
12 described territory, stating the prayer of that resolution
13 and that any person wishing to object to the prayer of that
14 resolution must file with the State Board within 30 days of
15 the publication date of the notice a petition signed by 10%
16 or 25, whichever is less, of the registered voters of that
17 territory requesting a public hearing on such resolution. In
18 the event that there are no registered voters in the
19 territory described in the resolution filed with the State
20 Board, then any petition requesting a public hearing shall be
21 signed by the owners of 25% or more of the real property of
22 that territory. If a petition requesting a public hearing on
23 the resolution is so filed, the State Board shall set that
24 resolution for hearing not sooner than 30 nor more than 90
25 days from the date on which the petition for public hearing
26 was filed and shall cause notice of the date, time and place
27 of the hearing to be published once in one or more newspapers
28 having a general circulation in the territory described in
29 the resolution and in the community college district
30 designated in the resolution. On such day, or on a day to
31 which the State Board continues that hearing, the State
32 Board, or a hearing officer appointed by it, shall hear the
33 resolution and determine its sufficiency under this Article
34 and may adjourn the hearing from time to time or continue the
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1 matter for want of sufficient notice or for other good cause.
2 The State Board, or a hearing officer appointed by it, shall
3 hear any additional evidence as to the educational needs and
4 conditions of the territory described in the resolution and
5 in the area within and adjacent to such territory. If a
6 hearing officer is appointed, he shall report a summary of
7 the testimony to the State Board. At the hearing, any
8 resident of the territory described in the resolution, or any
9 district affected thereby, may appear in support of or
10 against the resolution. If, on the basis of its own study,
11 or at a public hearing, the State Board finds the resolution
12 to be insufficient, it shall disapprove the resolution. If,
13 on the basis of its own study, or at a public hearing, the
14 State Board finds the resolution to be sufficient, it shall
15 determine whether the prayer of the resolution is in the best
16 interests of the schools and colleges in the general area and
17 the educational welfare of the students residing within the
18 territory described in the resolution and shall either
19 approve or disapprove the resolution. If the prayer of the
20 resolution is determined to be in the best interests of the
21 schools and colleges in the general area and the educational
22 welfare of the students residing within the territory
23 described in the resolution, the State Board shall approve
24 the resolution. If the State Board disapproves the
25 resolution, no further action shall be taken.
26 If the State Board approves the resolution, and if no
27 public hearing has been held pursuant to this Section, the
28 State Board shall enter an order granting the prayer of the
29 resolution with the county clerk of each county which
30 contains territory described in the resolution and with the
31 board of the community college district affected. The order
32 by the State Board shall include a description of the
33 territory to be annexed and a map of each county affected,
34 showing the amended boundaries of all community college
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1 districts in each county affected.
2 If the State Board approves the resolution, and if a
3 public hearing has been held pursuant to this Section, the
4 State Board shall cause to be published once in one or more
5 newspapers having a general circulation in the territory
6 described in the resolution, a notice stating that the prayer
7 of that resolution has been approved and that 1/10 or 25,
8 whichever is less, of the registered voters of the territory
9 described in the resolution may file with the State Board,
10 within 30 days of the publication of the notice, a petition
11 requesting that the question of the annexation of the
12 territory described in the resolution to the community
13 college district designated be submitted to the voters of
14 such territory and the date of the prospective referendum.
15 The Executive Secretary of the State Board shall provide a
16 petition form to any individual requesting one. If such a
17 petition is filed with the State Board, the State Board shall
18 direct the appropriate regional superintendent, as determined
19 in the manner provided in Section 3-4 of this Act, to certify
20 the proposition to the proper election officials, who shall
21 submit to the electorate at a regular scheduled election in
22 accordance with the general election law the proposition
23 presented by the resolution in the territory described in the
24 resolution. If a majority of the votes cast on that
25 proposition is in favor of the proposition, the territory
26 shall be annexed in accordance with the prayer of the
27 resolution. Within 30 days after the referendum, the
28 appropriate regional superintendent shall make and file with
29 the State Board, with the county clerk of each county
30 affected, and with the board of the community college
31 district affected, a map showing the amended boundaries of
32 the community college district to which the territory
33 described in the resolution has been annexed. If no petition
34 requesting a referendum on the proposition presented by the
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1 resolution is filed with the State Board, the State Board
2 shall enter an order granting the prayer of the resolution
3 with the county clerk of each county which contains territory
4 described in the resolution and with the board of the
5 community college district affected. The order by the State
6 Board shall include a description of the territory to be
7 annexed and a map of each county affected, showing the
8 amended boundaries of all community college districts in each
9 county affected.
10 This Section is repealed on July 1, 1998.
11 (Source: P.A. 82-1014.)
12 (110 ILCS 805/6-7.5) (from Ch. 122, par. 106-7.5)
13 Sec. 6-7.5. The effective date of the annexation of any
14 territory to a community college district under Section 6-7
15 through 6-7.4 is the date of the last official action
16 necessary to accomplish the annexation under those Sections.
17 This Section is repealed on July 1, 1998.
18 (Source: P.A. 79-708.)
19 Section 5-315. The Baccalaureate Savings Act is amended
20 by changing Sections 3 and 11 as follows:
21 (110 ILCS 920/3) (from Ch. 144, par. 2403)
22 Sec. 3. Definitions. The following terms shall have the
23 meanings ascribed to them in this Section unless the context
24 clearly indicates otherwise:
25 (a) "College Savings Bonds" mean general obligation
26 bonds of the State issued under the General Obligation Bond
27 Act in accordance with this Act and designated as General
28 Obligation College Savings Bonds.
29 (b) "Institution of Higher Education" includes: The
30 University of Illinois; Southern Illinois University; Chicago
31 State University; Eastern Illinois University; Governors
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1 State University; Illinois State University; Northeastern
2 Illinois University; Northern Illinois University; Western
3 Illinois University; the public community colleges of the
4 State; any public universities, colleges and community
5 colleges now or hereafter established or authorized by the
6 General Assembly; any nonpublicly supported postsecondary
7 educational organization located and authorized to operate in
8 this State which operates privately, not-for-profit.
9 "Institution of higher education" does not include any
10 educational organization used for sectarian instruction, as a
11 place of religious teaching or worship or for any religious
12 denomination or the training of ministers, priests, rabbis or
13 other professional persons in the field of religion.
14 (c) "Authority" means the Baccalaureate Trust Authority.
15 (Source: P.A. 89-4, eff. 1-1-96.)
16 (110 ILCS 920/11) (from Ch. 144, par. 2411)
17 Sec. 11. (a) There is hereby created the Baccalaureate
18 Trust Authority. The Authority shall consist of 13 members,
19 8 of whom shall be appointed as follows: the Minority Leader
20 and Speaker of the House and the President and Minority
21 Leader of the Senate shall each appoint one, and the Governor
22 shall appoint 4. The Treasurer of the State, the Executive
23 Director of the Illinois Board of Higher Education, the
24 Executive Director of the Illinois Student Assistance
25 Commission, the Director of the Bureau of the Budget, and the
26 Director of the Illinois Economic and Fiscal Commission, or
27 their respective designees shall each be a member. The
28 Governor and legislative leaders shall give consideration to
29 selecting members that include representatives from the
30 following categories: a trustee, director, officer, or
31 employee of a private institution of higher education; a
32 person having a favorable reputation for skill, knowledge and
33 experience in the field of state and municipal finance,
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1 either as a partner, officer or employee of an investment
2 banking firm which originates and purchases state and
3 municipal securities, or as an officer or employee of an
4 insurance company or bank whose duties relate to the purchase
5 of state and municipal securities as an investment and to the
6 management and control of a state and municipal securities
7 portfolio; and a person experienced in and having a favorable
8 reputation for skill, knowledge and experience in the higher
9 education loan finance field. The Board of Higher Education
10 representative shall serve as the chairman. The appointed
11 members of the Authority first appointed shall serve for
12 terms expiring on June 30 in 1989, 1990, 1991, 1992, 1993,
13 1994, 1995 and 1996, respectively, or until their respective
14 successors have been appointed and have qualified, the
15 initial term of each such member to be determined by lot.
16 Upon the expiration of the term of any member his successor
17 shall be appointed for a term of 6 years and until his
18 successor has been appointed and has qualified. Any vacancy
19 shall be filled in the manner of the original appointment for
20 the remainder of the unexpired term. Any member of the
21 Authority may be removed by the appointing authority for
22 misfeasance, malfeasance or wilful neglect of duty or other
23 cause after notice and a public hearing unless such notice
24 and hearing shall be expressly waived in writing. Members
25 shall be compensated for reasonable actual expenses from
26 funds appropriated to the Illinois Board of Higher Education.
27 Staff assistance shall be provided to the Authority by the
28 Illinois Board of Higher Education. The Authority shall meet
29 at least annually.
30 (b) The Authority shall have the following
31 responsibilities:
32 (1) To make recommendations to the Bureau of the Budget
33 regarding the marketing of College Savings Bonds to ensure
34 their broad distribution throughout the State for educational
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1 purposes;
2 (2) To advise the Bureau of the Budget on an effective
3 advertising campaign to inform the general public about
4 College Savings Bonds and their availability;
5 (3) To advise the Governor and the Director of the
6 Bureau of the Budget regarding the increments in which to
7 market the bonds and recommend maturity dates which will make
8 funds available to purchasers at the time when such funds are
9 needed for educational purposes;
10 (4) To advise the Illinois Student Assistance Commission
11 regarding additional financial incentives as provided in this
12 Act;
13 (5) To advise the Bureau of the Budget on limits that
14 may be imposed on the amount of College Savings Bonds that
15 may be purchased by individual households;
16 (6) To advise the Bureau of the Budget on the minimum
17 denominations to market the College Savings Bonds so that
18 they are affordable by individuals;
19 (7) To evaluate the feasibility of staggered or periodic
20 forms of payments for College Savings Bonds, and to advise
21 the Bureau of the Budget regarding such evaluation;
22 (8) After the initial sale of College Savings Bonds, to
23 assess the effectiveness of the program and recommend
24 constructive changes to the Bureau of the Budget regarding
25 future bond sales;
26 (9) To study and review alternative investment
27 instruments with respect to their suitability for a college
28 savings program;
29 (10) To make recommendations to the General Assembly
30 regarding statutory changes that it deems to be necessary or
31 desirable.
32 (c) This Section is repealed on July 1, 1998.
33 (Source: P.A. 86-168; 86-792; 86-1028.)
HB0821 Engrossed -104- LRB9002999WHmg
1 Section 5-316. The Higher Education Student Assistance
2 Act is amended by changing Section 30 as follows:
3 (110 ILCS 947/30)
4 Sec. 30. Merit recognition scholarship program.
5 (a) As used in this Section:
6 "Eligible applicant" means a student from any
7 approved high school located in this State whose 7th
8 semester cumulative high school grade point average is at
9 or above the 95th percentile, or 90th percentile with
10 respect to students who graduated from such an approved
11 high school during the 1986-1987 or 1987-1988 school
12 year, of his or her high school class, and who by reason
13 thereof is entitled to apply for scholarships to be
14 awarded under this Section.
15 "Qualified student" means a person: (i) of good
16 moral character who is a resident of this State and a
17 citizen or permanent resident of the United States, (ii)
18 who, as an eligible applicant, has made a timely
19 application for a merit recognition scholarship under
20 this Section, (iii) who has successfully completed the
21 program of instruction at any approved high school
22 located in this State, and (iv) who enrolls or is
23 enrolled in a qualified Illinois institution of higher
24 learning or a Service Academy as an undergraduate student
25 or cadet and has not received a baccalaureate degree.
26 "Merit recognition scholarship" means a $1,000
27 academic scholarship awarded under this Section during an
28 academic year to a qualified student, without regard to
29 financial need, as a scholarship to any qualified
30 Illinois institution of higher learning or a Service
31 Academy in which that student is or will be enrolled as
32 an undergraduate student or cadet, except that a merit
33 recognition scholarship awarded under subsection (k)
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1 shall be in the amount of $500.
2 "Service Academy" means the U.S. Air Force Academy,
3 the U.S. Coast Guard Academy, the U.S. Military Academy,
4 or the U.S. Naval Academy.
5 (b) In order to identify, encourage, promote, and reward
6 the distinguished academic achievement of students from every
7 approved high school located in this State, each qualified
8 student shall be awarded a merit recognition scholarship to
9 any qualified Illinois institution of higher learning or to
10 any Service Academy.
11 (c) No merit recognition scholarship provided for a
12 qualified student under this Section shall be considered in
13 evaluating the financial situation of that student, or be
14 deemed a financial resource of or a form of financial aid or
15 assistance to that student, for purposes of determining the
16 eligibility of the student for any scholarship, grant, or
17 monetary assistance awarded by the Commission, the State or
18 any agency thereof pursuant to the provisions of any other
19 Section of this Act or any other law of this State; nor shall
20 any merit recognition scholarship provided for a qualified
21 student under this Section reduce the amount of any
22 scholarship, grant, or monetary assistance which that student
23 is eligible to be awarded by the Commission, the State, or
24 any agency thereof in accordance with the provisions of any
25 other Section of this Act or any other law of this State.
26 (d) Each approved high school located in this State
27 shall certify to the Commission the names of its students who
28 are eligible applicants, specifying which of the students
29 certified as eligible applicants have completed the program
30 of instruction at that high school and the graduation date
31 fixed for their high school class, and specifying for each of
32 the other eligible applicants whose names appear on the
33 certification the semester of high school last completed by
34 them. The Commission shall promptly notify those eligible
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1 applicants so certified who are reasonably assured of
2 receiving a Merit Recognition Scholarship in accordance with
3 the annual funding levels recommended in the Governor's
4 Budget -- other than any eligible applicant named on any such
5 certification who, as an eligible applicant, has previously
6 made application to the Commission for a merit recognition
7 scholarship under this Section -- of their eligibility to
8 apply for a scholarship under this Section. An otherwise
9 eligible applicant who fails to make a timely application (as
10 determined by the Commission) for a merit recognition
11 scholarship under this Section shall no longer be deemed an
12 eligible applicant and shall not qualify for the award of any
13 merit recognition scholarship.
14 (e) All applications for merit recognition scholarships
15 to be awarded under this Section shall be made to the
16 Commission on forms which the Commission shall provide for
17 eligible applicants. The form of applications and the
18 information required to be set forth therein shall be
19 determined by the Commission, and the Commission shall
20 require eligible applicants to submit with their applications
21 such supporting documents or recommendations as the
22 Commission deems necessary.
23 (f) Whenever an eligible applicant who has completed the
24 program of instruction at any approved high school located in
25 this State thereafter makes timely application to the
26 Commission for a merit recognition scholarship under this
27 Section, the Commission shall promptly determine whether that
28 eligible applicant is a qualified student as defined in
29 subsection (a) of this Section. Each such eligible applicant
30 so determined by the Commission to be a qualified student
31 shall be designated as such by the Commission and, except as
32 otherwise provided under subsection (k), shall be awarded a
33 merit recognition scholarship in the amount of $1,000,
34 effective during the academic year following the qualified
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1 student's high school graduation or, should the General
2 Assembly specifically so provide in an appropriation under
3 this Section, effective for a subsequent academic year.
4 (g) Subject to a separate appropriation for purposes, of
5 this Section other than subsection (k), and subject to a
6 separate appropriation for purposes of subsection (k),
7 payment of any merit recognition scholarship awarded under
8 this Section shall be determined by the Commission. All
9 scholarship funds distributed in accordance with this
10 subsection or subsection (k) shall be paid to the qualified
11 Illinois institution of higher learning or Service Academy
12 and used only for payment of the educational expenses
13 incurred by the student in connection with his or her
14 attendance as an undergraduate student or cadet at that
15 institution or Service Academy, including but not limited to
16 tuition and fees, room and board, books and supplies,
17 required Service Academy uniforms, and travel and personal
18 expenses related to the student's attendance at that
19 institution or Service Academy. Any merit recognition
20 scholarship awarded under this Section shall be applicable to
21 2 semesters or 3 quarters of enrollment. Should a qualified
22 student withdraw from enrollment prior to completion of the
23 first semester or quarter for which the merit recognition
24 scholarship is applicable, the student shall refund to the
25 Commission the full amount of the merit recognition
26 scholarship.
27 (h) The Commission shall administer the merit
28 recognition scholarship aid program established by this
29 Section and shall make all necessary and proper rules, not
30 inconsistent with this Section, for its effective
31 implementation.
32 (i) When an appropriation to the Commission for purposes
33 of this Section other than for purposes of subsection (k) is
34 insufficient to provide scholarships to all qualified
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1 students (excluding qualified students under subsection (k)),
2 the Commission shall allocate the appropriation in accordance
3 with this subsection. If funds are insufficient to provide
4 all qualified students (excluding qualified students under
5 subsection (k)), with a scholarship as authorized by
6 subsection (f), the Commission shall allocate the
7 scholarships to qualified students (excluding qualified
8 students under subsection (k)) in order of decreasing
9 percentile as determined by the eligible applicant's
10 cumulative grade point average. All merit recognition
11 scholarships, other than merit recognition scholarships
12 awarded under subsection (k), shall be in the amount of
13 $1,000.
14 (j) The Commission, in determining the number of
15 scholarships to be offered pursuant to subsection (i), shall
16 take into consideration past experience with the rate of
17 scholarship funds unclaimed by qualified students. To the
18 extent necessary to avoid an overcommitment of funds, the
19 Commission may allocate scholarship funds on the basis of the
20 date the Commission receives a complete application form.
21 (k) (Blank). A $500 merit recognition scholarship shall
22 be awarded under this subsection to those qualified students
23 graduating from any approved high school located in this
24 Section whose 7th semester cumulative high school grade point
25 average was at or above the 90th percentile of their high
26 school class and who graduated from any such high school
27 during the 1986-1987 or 1987-1988 school year and have not
28 already received an initial award under this Section due to
29 insufficient appropriations. Funds for merit recognition
30 scholarships awarded under this subsection shall be provided
31 by a separate appropriation made for purposes of this
32 subsection. If the funds so appropriated are insufficient to
33 provide all qualified students under this subsection with an
34 initial award, the Commission shall allocate the merit
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1 recognition scholarships awarded under this subsection to
2 those qualified students in order of decreasing percentile as
3 determined by their 7th semester cumulative high school grade
4 point average.
5 (Source: P.A. 87-997; 88-69; 88-203; 88-670, eff. 12-2-94.)
6 Section 5-317. The Illinois Hospital Construction Act is
7 amended by adding Section 7.1 as follows:
8 (210 ILCS 75/7.1 new)
9 Sec. 7.1. Repeal. This Act is repealed on July 1, 1998.
10 Section 5-320. The Illinois Insurance Code is amended by
11 changing Sections 132.2, 355a, 512-3, and 1003 and adding
12 Section 488.2 as follows:
13 (215 ILCS 5/132.2) (from Ch. 73, par. 744.2)
14 Sec. 132.2. Definitions. As used in Sections 132.1
15 through 132.7, the terms set forth in this Section have the
16 following meanings:
17 "Company" means any person engaging in or proposing or
18 attempting to engage in any transaction or kind of insurance
19 or surety business and any person or group of persons who may
20 otherwise be subject to the administrative, regulatory, or
21 taxing authority of the Director.
22 "Examiner" means any individual or firm having been
23 authorized by the Director to conduct an examination under
24 this Code.
25 "Insurer" means any company licensed or authorized by the
26 Director to provide any insurance contracts whether by
27 indemnity, guaranty, suretyship, or otherwise; including, but
28 not limited to, those companies licensed or authorized by the
29 Director under the following Acts:
30 (1) The Voluntary Health Services Plans Act.
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1 (2) The Vision Service Plan Act.
2 (3) The Dental Service Plan Act.
3 (4) (Blank). The Pharmaceutical Service Plan Act.
4 (5) The Farm Mutual Insurance Company Act of 1986.
5 (6) The Limited Health Service Organization Act.
6 (7) The Health Maintenance Organization Act.
7 "Person" means any individual, aggregation of
8 individuals, trust, association, partnership, or corporation,
9 or any affiliate thereof.
10 (Source: P.A. 87-108.)
11 (215 ILCS 5/355a) (from Ch. 73, par. 967a)
12 Sec. 355a. (1) The purpose of this Section shall be (a)
13 to provide reasonable standardization and simplification of
14 terms and coverages of individual accident and health
15 insurance policies to facilitate public understanding and
16 comparisons; (b) to eliminate provisions contained in
17 individual accident and health insurance policies which may
18 be misleading or unreasonably confusing in connection either
19 with the purchase of such coverages or with the settlement of
20 claims; and (c) to provide for reasonable disclosure in the
21 sale of accident and health coverages.
22 (2) Definitions applicable to this Section are as
23 follows:
24 (a) "Policy" means all or any part of the forms
25 constituting the contract between the insurer and the
26 insured, including the policy, certificate, subscriber
27 contract, riders, endorsements, and the application if
28 attached, which are subject to filing with and approval by
29 the Director.
30 (b) "Service corporations" means non-profit hospital,
31 medical, voluntary health, vision, dental, and pharmaceutical
32 corporations organized and operating respectively under "The
33 Non-Profit Hospital Service Plan Act", "The Medical Service
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1 Plan Act", "The Voluntary Health Services Plans Act", "The
2 Vision Service Plan Act", and "The Dental Service Plan Act",
3 and "The Pharmaceutical Service Plan Act".
4 (c) "Accident and health insurance" means insurance
5 written under Article XX of the Insurance Code, other than
6 credit accident and health insurance, and coverages provided
7 in subscriber contracts issued by service corporations. For
8 purposes of this Section such service corporations shall be
9 deemed to be insurers engaged in the business of insurance.
10 (3) The Director shall issue such rules as he shall deem
11 necessary or desirable to establish specific standards,
12 including standards of full and fair disclosure that set
13 forth the form and content and required disclosure for sale,
14 of individual policies of accident and health insurance,
15 which rules and regulations shall be in addition to and in
16 accordance with the applicable laws of this State, and which
17 may cover but shall not be limited to: (a) terms of
18 renewability; (b) initial and subsequent conditions of
19 eligibility; (c) non-duplication of coverage provisions; (d)
20 coverage of dependents; (e) pre-existing conditions; (f)
21 termination of insurance; (g) probationary periods; (h)
22 limitation, exceptions, and reductions; (i) elimination
23 periods; (j) requirements regarding replacements; (k)
24 recurrent conditions; and (l) the definition of terms
25 including but not limited to the following: hospital,
26 accident, sickness, injury, physician, accidental means,
27 total disability, partial disability, nervous disorder,
28 guaranteed renewable, and non-cancellable.
29 The Director may issue rules that specify prohibited
30 policy provisions not otherwise specifically authorized by
31 statute which in the opinion of the Director are unjust,
32 unfair or unfairly discriminatory to the policyholder, any
33 person insured under the policy, or beneficiary.
34 (4) The Director shall issue such rules as he shall deem
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1 necessary or desirable to establish minimum standards for
2 benefits under each category of coverage in individual
3 accident and health policies, other than conversion policies
4 issued pursuant to a contractual conversion privilege under a
5 group policy, including but not limited to the following
6 categories: (a) basic hospital expense coverage; (b) basic
7 medical-surgical expense coverage; (c) hospital confinement
8 indemnity coverage; (d) major medical expense coverage; (e)
9 disability income protection coverage; (f) accident only
10 coverage; and (g) specified disease or specified accident
11 coverage.
12 Nothing in this subsection (4) shall preclude the
13 issuance of any policy which combines two or more of the
14 categories of coverage enumerated in subparagraphs (a)
15 through (f) of this subsection.
16 No policy shall be delivered or issued for delivery in
17 this State which does not meet the prescribed minimum
18 standards for the categories of coverage listed in this
19 subsection unless the Director finds that such policy is
20 necessary to meet specific needs of individuals or groups and
21 such individuals or groups will be adequately informed that
22 such policy does not meet the prescribed minimum standards,
23 and such policy meets the requirement that the benefits
24 provided therein are reasonable in relation to the premium
25 charged. The standards and criteria to be used by the
26 Director in approving such policies shall be included in the
27 rules required under this Section with as much specificity as
28 practicable.
29 The Director shall prescribe by rule the method of
30 identification of policies based upon coverages provided.
31 (5) (a) In order to provide for full and fair disclosure
32 in the sale of individual accident and health insurance
33 policies, no such policy shall be delivered or issued for
34 delivery in this State unless the outline of coverage
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1 described in paragraph (b) of this subsection either
2 accompanies the policy, or is delivered to the applicant at
3 the time the application is made, and an acknowledgment
4 signed by the insured, of receipt of delivery of such
5 outline, is provided to the insurer. In the event the policy
6 is issued on a basis other than that applied for, the outline
7 of coverage properly describing the policy must accompany the
8 policy when it is delivered and such outline shall clearly
9 state that the policy differs, and to what extent, from that
10 for which application was originally made. All policies,
11 except single premium nonrenewal policies, shall have a
12 notice prominently printed on the first page of the policy or
13 attached thereto stating in substance, that the policyholder
14 shall have the right to return the policy within ten (10)
15 days of its delivery and to have the premium refunded if
16 after examination of the policy the policyholder is not
17 satisfied for any reason.
18 (b) The Director shall issue such rules as he shall deem
19 necessary or desirable to prescribe the format and content of
20 the outline of coverage required by paragraph (a) of this
21 subsection. "Format" means style, arrangement, and overall
22 appearance, including such items as the size, color, and
23 prominence of type and the arrangement of text and captions.
24 "Content" shall include without limitation thereto,
25 statements relating to the particular policy as to the
26 applicable category of coverage prescribed under subsection
27 4; principal benefits; exceptions, reductions and
28 limitations; and renewal provisions, including any
29 reservation by the insurer of a right to change premiums.
30 Such outline of coverage shall clearly state that it
31 constitutes a summary of the policy issued or applied for and
32 that the policy should be consulted to determine governing
33 contractual provisions.
34 (6) Prior to the issuance of rules pursuant to this
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1 Section, the Director shall afford the public, including the
2 companies affected thereby, reasonable opportunity for
3 comment. Such rulemaking is subject to the provisions of
4 "The Illinois Administrative Procedure Act".
5 (7) When a rule has been adopted, pursuant to this
6 Section, all policies of insurance or subscriber contracts
7 which are not in compliance with such rule shall, when so
8 provided in such rule, be deemed to be disapproved as of a
9 date specified in such rule not less than 120 days following
10 its effective date, without any further or additional notice
11 other than the adoption of the rule.
12 (8) When a rule adopted pursuant to this Section so
13 provides, a policy of insurance or subscriber contract which
14 does not comply with the rule shall not less than 120 days
15 from the effective date of such rule, be construed, and the
16 insurer or service corporation shall be liable, as if the
17 policy or contract did comply with the rule.
18 (9) Violation of any rule adopted pursuant to this
19 Section shall be a violation of the insurance law for
20 purposes of Sections 370 and 446 of the Insurance Code.
21 (Source: P.A. 81-0657; 81-0722; 81-1509.)
22 (215 ILCS 5/488.2 new)
23 Sec. 488.2. Repeal. This Article XXX 1/2 is repealed on
24 July 1, 1998.
25 (215 ILCS 5/512-3) (from Ch. 73, par. 1065.59-3)
26 Sec. 512-3. Definitions. For the purposes of this
27 Article, unless the context otherwise requires, the terms
28 defined in this Article have the meanings ascribed to them
29 herein:
30 (a) "Third party prescription program" or "program"
31 means any system of providing for the reimbursement of
32 pharmaceutical services and prescription drug products
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1 offered or operated in this State under a contractual
2 arrangement or agreement between a provider of such services
3 and another party who is not the consumer of those services
4 and products, except for Pharmaceutical Service Plans as
5 defined by Section 4 of the Pharmaceutical Service Plan Act.
6 Such programs may include, but need not be limited to,
7 employee benefit plans whereby a consumer receives
8 prescription drugs or other pharmaceutical services and those
9 services are paid for by an agent of the employer or others.
10 (b) "Third party program administrator" or
11 "administrator" means any person, partnership or corporation
12 who issues or causes to be issued any payment or
13 reimbursement to a provider for services rendered pursuant to
14 a third party prescription program, but does not include the
15 Director of Public Aid or any agent authorized by the
16 Director to reimburse a provider of services rendered
17 pursuant to a program of which the Department of Public Aid
18 is the third party, or any Pharmaceutical Service Plan
19 Corporation as defined by Section 3 of the Pharmaceutical
20 Plan Act.
21 (Source: P.A. 82-1005.)
22 (215 ILCS 5/1003) (from Ch. 73, par. 1065.703)
23 Sec. 1003. Definitions. As used in this Article: (A)
24 "Adverse underwriting decision" means:
25 (1) any of the following actions with respect to
26 insurance transactions involving insurance coverage which is
27 individually underwritten:
28 (a) a declination of insurance coverage,
29 (b) a termination of insurance coverage,
30 (c) failure of an agent to apply for insurance coverage
31 with a specific insurance institution which the agent
32 represents and which is requested by an applicant,
33 (d) in the case of a property or casualty insurance
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1 coverage:
2 (i) placement by an insurance institution or agent of a
3 risk with a residual market mechanism, an unauthorized
4 insurer or an insurance institution which specializes in
5 substandard risks, or
6 (ii) the charging of a higher rate on the basis of
7 information which differs from that which the applicant or
8 policyholder furnished, or
9 (e) in the case of life, health or disability insurance
10 coverage, an offer to insure at higher than standard rates.
11 (2) Notwithstanding paragraph (1) above, the following
12 actions shall not be considered adverse underwriting
13 decisions but the insurance institution or agent responsible
14 for their occurrence shall nevertheless provide the applicant
15 or policyholder with the specific reason or reasons for their
16 occurrence:
17 (a) the termination of an individual policy form on a
18 class or statewide basis,
19 (b) a declination of insurance coverage solely because
20 such coverage is not available on a class or statewide basis,
21 or
22 (c) the rescission of a policy.
23 (B) "Affiliate" or "affiliated" means a person that
24 directly, or indirectly through one or more intermediaries,
25 controls, is controlled by or is under common control with
26 another person.
27 (C) "Agent" means an individual, firm, partnership,
28 association or corporation who is involved in the
29 solicitation, negotiation or binding of coverages for or on
30 applications or policies of insurance, covering property or
31 risks located in this State. For the purposes of this
32 Article, both "Insurance Agent" and "Insurance Broker", as
33 defined in Section 490, shall be considered an agent.
34 (D) "Applicant" means any person who seeks to contract
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1 for insurance coverage other than a person seeking group
2 insurance that is not individually underwritten.
3 (E) "Director" means the Director of Insurance.
4 (F) "Consumer report" means any written, oral or other
5 communication of information bearing on a natural person's
6 credit worthiness, credit standing, credit capacity,
7 character, general reputation, personal characteristics or
8 mode of living which is used or expected to be used in
9 connection with an insurance transaction.
10 (G) "Consumer reporting agency" means any person who:
11 (1) regularly engages, in whole or in part, in the
12 practice of assembling or preparing consumer reports for a
13 monetary fee,
14 (2) obtains information primarily from sources other than
15 insurance institutions, and
16 (3) furnishes consumer reports to other persons.
17 (H) "Control", including the terms "controlled by" or
18 "under common control with", means the possession, direct or
19 indirect, of the power to direct or cause the direction of
20 the management and policies of a person, whether through the
21 ownership of voting securities, by contract other than a
22 commercial contract for goods or nonmanagement services, or
23 otherwise, unless the power is the result of an official
24 position with or corporate office held by the person.
25 (I) "Declination of insurance coverage" means a denial,
26 in whole or in part, by an insurance institution or agent of
27 requested insurance coverage.
28 (J) "Individual" means any natural person who:
29 (1) in the case of property or casualty insurance, is a
30 past, present or proposed named insured or certificateholder;
31 (2) in the case of life, health or disability insurance,
32 is a past, present or proposed principal insured or
33 certificateholder;
34 (3) is a past, present or proposed policyowner;
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1 (4) is a past or present applicant;
2 (5) is a past or present claimant; or
3 (6) derived, derives or is proposed to derive insurance
4 coverage under an insurance policy or certificate subject to
5 this Article.
6 (K) "Institutional source" means any person or
7 governmental entity that provides information about an
8 individual to an agent, insurance institution or
9 insurance-support organization, other than:
10 (1) an agent,
11 (2) the individual who is the subject of the
12 information, or
13 (3) a natural person acting in a personal capacity
14 rather than in a business or professional capacity.
15 (L) "Insurance institution" means any corporation,
16 association, partnership, reciprocal exchange, inter-insurer,
17 Lloyd's insurer, fraternal benefit society or other person
18 engaged in the business of insurance, health maintenance
19 organizations as defined in Section 2 of the "Health
20 Maintenance Organization Act", medical service plans as
21 defined in Section 2 of "The Medical Service Plan Act",
22 hospital service corporation under "The Nonprofit Health Care
23 Service Plan Act", voluntary health services plans as defined
24 in Section 2 of "The Voluntary Health Services Plans Act",
25 vision service plans as defined in Section 2 of "The Vision
26 Service Plan Act", and dental service plans as defined in
27 Section 4 of "The Dental Service Plan Act", and
28 pharmaceutical service plans as defined in Section 4 of "The
29 Pharmaceutical Service Plan Act". "Insurance institution"
30 shall not include agents or insurance-support organizations.
31 (M) "Insurance-support organization" means: (1) any
32 person who regularly engages, in whole or in part, in the
33 practice of assembling or collecting information about
34 natural persons for the primary purpose of providing the
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1 information to an insurance institution or agent for
2 insurance transactions, including:
3 (a) the furnishing of consumer reports or investigative
4 consumer reports to an insurance institution or agent for use
5 in connection with an insurance transaction, or
6 (b) the collection of personal information from
7 insurance institutions, agents or other insurance-support
8 organizations for the purpose of detecting or preventing
9 fraud, material misrepresentation or material nondisclosure
10 in connection with insurance underwriting or insurance claim
11 activity.
12 (2) Notwithstanding paragraph (1) above, the following
13 persons shall not be considered "insurance-support
14 organizations" for purposes of this Article: agents,
15 government institutions, insurance institutions, medical care
16 institutions and medical professionals.
17 (N) "Insurance transaction" means any transaction
18 involving insurance primarily for personal, family or
19 household needs rather than business or professional needs
20 which entails:
21 (1) the determination of an individual's eligibility for
22 an insurance coverage, benefit or payment, or
23 (2) the servicing of an insurance application, policy,
24 contract or certificate.
25 (O) "Investigative consumer report" means a consumer
26 report or portion thereof in which information about a
27 natural person's character, general reputation, personal
28 characteristics or mode of living is obtained through
29 personal interviews with the person's neighbors, friends,
30 associates, acquaintances or others who may have knowledge
31 concerning such items of information.
32 (P) "Medical-care institution" means any facility or
33 institution that is licensed to provide health care services
34 to natural persons, including but not limited to: hospitals,
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1 skilled nursing facilities, home-health agencies, medical
2 clinics, rehabilitation agencies and public-health agencies
3 and health-maintenance organizations.
4 (Q) "Medical professional" means any person licensed or
5 certified to provide health care services to natural
6 persons, including but not limited to, a physician, dentist,
7 nurse, optometrist, chiropractor, pharmacist, physical or
8 occupational therapist, psychiatric social worker, speech
9 therapist, clinical dietitian or clinical psychologist.
10 (R) "Medical-record information" means personal
11 information which:
12 (1) relates to an individual's physical or mental
13 condition, medical history or medical treatment, and
14 (2) is obtained from a medical professional or
15 medical-care institution, from the individual, or from the
16 individual's spouse, parent or legal guardian.
17 (S) "Person" means any natural person, corporation,
18 association, partnership or other legal entity.
19 (T) "Personal information" means any individually
20 identifiable information gathered in connection with an
21 insurance transaction from which judgments can be made about
22 an individual's character, habits, avocations, finances,
23 occupation, general reputation, credit, health or any other
24 personal characteristics. "Personal information" includes an
25 individual's name and address and "medical-record
26 information" but does not include "privileged information".
27 (U) "Policyholder" means any person who:
28 (1) in the case of individual property or casualty
29 insurance, is a present named insured;
30 (2) in the case of individual life, health or disability
31 insurance, is a present policyowner; or
32 (3) in the case of group insurance which is individually
33 underwritten, is a present group certificateholder.
34 (V) "Pretext interview" means an interview whereby a
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1 person, in an attempt to obtain information about a natural
2 person, performs one or more of the following acts:
3 (1) pretends to be someone he or she is not,
4 (2) pretends to represent a person he or she is not in
5 fact representing,
6 (3) misrepresents the true purpose of the interview, or
7 (4) refuses to identify himself or herself upon request.
8 (W) "Privileged information" means any individually
9 identifiable information that: (1) relates to a claim for
10 insurance benefits or a civil or criminal proceeding
11 involving an individual, and (2) is collected in connection
12 with or in reasonable anticipation of a claim for insurance
13 benefits or civil or criminal proceeding involving an
14 individual; provided, however, information otherwise meeting
15 the requirements of this subsection shall nevertheless be
16 considered "personal information" under this Article if it is
17 disclosed in violation of Section 1014 of this Article.
18 (X) "Residual market mechanism" means an association,
19 organization or other entity described in Article XXXIII of
20 this Act, or Section 7-501 of "The Illinois Vehicle Code".
21 (Y) "Termination of insurance coverage" or "termination
22 of an insurance policy" means either a cancellation or
23 nonrenewal of an insurance policy, in whole or in part, for
24 any reason other than the failure to pay a premium as
25 required by the policy.
26 (Z) "Unauthorized insurer" means an insurance institution
27 that has not been granted a certificate of authority by the
28 Director to transact the business of insurance in this State.
29 (Source: P.A. 82-108.)
30 Section 5-325. The Health Maintenance Organization Act
31 is amended by changing Sections 1-2, 5-3, and 5-6 as follows:
32 (215 ILCS 125/1-2) (from Ch. 111 1/2, par. 1402)
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1 Sec. 1-2. Definitions. As used in this Act, unless the
2 context otherwise requires, the following terms shall have
3 the meanings ascribed to them:
4 (1) "Advertisement" means any printed or published
5 material, audiovisual material and descriptive literature of
6 the health care plan used in direct mail, newspapers,
7 magazines, radio scripts, television scripts, billboards and
8 similar displays; and any descriptive literature or sales
9 aids of all kinds disseminated by a representative of the
10 health care plan for presentation to the public including,
11 but not limited to, circulars, leaflets, booklets,
12 depictions, illustrations, form letters and prepared sales
13 presentations.
14 (2) "Director" means the Director of Insurance.
15 (3) "Basic Health Care Services" means emergency care,
16 and inpatient hospital and physician care, outpatient medical
17 services, mental health services and care for alcohol and
18 drug abuse, including any reasonable deductibles and
19 co-payments, all of which are subject to such limitations as
20 are determined by the Director pursuant to rule.
21 (4) "Enrollee" means an individual who has been enrolled
22 in a health care plan.
23 (5) "Evidence of Coverage" means any certificate,
24 agreement, or contract issued to an enrollee setting out the
25 coverage to which he is entitled in exchange for a per capita
26 prepaid sum.
27 (6) "Group Contract" means a contract for health care
28 services which by its terms limits eligibility to members of
29 a specified group.
30 (7) "Health Care Plan" means any arrangement whereby any
31 organization undertakes to provide or arrange for and pay for
32 or reimburse the cost of basic health care services from
33 providers selected by the Health Maintenance Organization and
34 such arrangement consists of arranging for or the provision
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1 of such health care services, as distinguished from mere
2 indemnification against the cost of such services, except as
3 otherwise authorized by Section 2-3 of this Act, on a per
4 capita prepaid basis, through insurance or otherwise. A
5 "health care plan" also includes any arrangement whereby an
6 organization undertakes to provide or arrange for or pay for
7 or reimburse the cost of any health care service for persons
8 who are enrolled in the integrated health care program
9 established under Section 5-16.3 of the Illinois Public Aid
10 Code through providers selected by the organization and the
11 arrangement consists of making provision for the delivery of
12 health care services, as distinguished from mere
13 indemnification. Nothing in this definition, however,
14 affects the total medical services available to persons
15 eligible for medical assistance under the Illinois Public Aid
16 Code.
17 (8) "Health Care Services" means any services included
18 in the furnishing to any individual of medical or dental
19 care, or the hospitalization or incident to the furnishing of
20 such care or hospitalization as well as the furnishing to any
21 person of any and all other services for the purpose of
22 preventing, alleviating, curing or healing human illness or
23 injury.
24 (9) "Health Maintenance Organization" means any
25 organization formed under the laws of this or another state
26 to provide or arrange for one or more health care plans under
27 a system which causes any part of the risk of health care
28 delivery to be borne by the organization or its providers.
29 (10) "Net Worth" means admitted assets, as defined in
30 Section 1-3 of this Act, minus liabilities.
31 (11) "Organization" means any insurance company, or a
32 nonprofit corporation authorized under the Medical Service
33 Plan Act, the Dental Service Plan Act, the Vision Service
34 Plan Act, the Pharmaceutical Service Plan Act, the Voluntary
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1 Health Services Plans Act or the Non-profit Health Care
2 Service Plan Act, or a corporation organized under the laws
3 of this or another state for the purpose of operating one or
4 more health care plans and doing no business other than that
5 of a Health Maintenance Organization or an insurance company.
6 Organization shall also mean the University of Illinois
7 Hospital as defined in the University of Illinois Hospital
8 Act.
9 (12) "Provider" means any physician, hospital facility,
10 or other person which is licensed or otherwise authorized to
11 furnish health care services and also includes any other
12 entity that arranges for the delivery or furnishing of health
13 care service.
14 (13) "Producer" means a person directly or indirectly
15 associated with a health care plan who engages in
16 solicitation or enrollment.
17 (14) "Per capita prepaid" means a basis of prepayment by
18 which a fixed amount of money is prepaid per individual or
19 any other enrollment unit to the Health Maintenance
20 Organization or for health care services which are provided
21 during a definite time period regardless of the frequency or
22 extent of the services rendered by the Health Maintenance
23 Organization, except for copayments and deductibles and
24 except as provided in subsection (f) of Section 5-3 of this
25 Act.
26 (15) "Subscriber" means a person who has entered into a
27 contractual relationship with the Health Maintenance
28 Organization for the provision of or arrangement of at least
29 basic health care services to the beneficiaries of such
30 contract.
31 (Source: P.A. 88-554, eff. 7-26-94; 89-90, eff. 6-30-95.)
32 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
33 Sec. 5-3. Insurance Code provisions.
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1 (a) Health Maintenance Organizations shall be subject to
2 the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
3 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
4 154.6, 154.7, 154.8, 155.04, 355.2, 356m, 367i, 401, 401.1,
5 402, 403, 403A, 408, 408.2, and 412, paragraph (c) of
6 subsection (2) of Section 367, and Articles VIII 1/2, XII,
7 XII 1/2, XIII, XIII 1/2, and XXVI of the Illinois Insurance
8 Code.
9 (b) For purposes of the Illinois Insurance Code, except
10 for Articles XIII and XIII 1/2, Health Maintenance
11 Organizations in the following categories are deemed to be
12 "domestic companies":
13 (1) a corporation authorized under the Medical
14 Service Plan Act, the Dental Service Plan Act, the Vision
15 Service Plan Act, the Pharmaceutical Service Plan Act,
16 the Voluntary Health Services Plan Act, or the Nonprofit
17 Health Care Service Plan Act;
18 (2) a corporation organized under the laws of this
19 State; or
20 (3) a corporation organized under the laws of
21 another state, 30% or more of the enrollees of which are
22 residents of this State, except a corporation subject to
23 substantially the same requirements in its state of
24 organization as is a "domestic company" under Article
25 VIII 1/2 of the Illinois Insurance Code.
26 (c) In considering the merger, consolidation, or other
27 acquisition of control of a Health Maintenance Organization
28 pursuant to Article VIII 1/2 of the Illinois Insurance Code,
29 (1) the Director shall give primary consideration
30 to the continuation of benefits to enrollees and the
31 financial conditions of the acquired Health Maintenance
32 Organization after the merger, consolidation, or other
33 acquisition of control takes effect;
34 (2)(i) the criteria specified in subsection (1)(b)
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1 of Section 131.8 of the Illinois Insurance Code shall not
2 apply and (ii) the Director, in making his determination
3 with respect to the merger, consolidation, or other
4 acquisition of control, need not take into account the
5 effect on competition of the merger, consolidation, or
6 other acquisition of control;
7 (3) the Director shall have the power to require
8 the following information:
9 (A) certification by an independent actuary of
10 the adequacy of the reserves of the Health
11 Maintenance Organization sought to be acquired;
12 (B) pro forma financial statements reflecting
13 the combined balance sheets of the acquiring company
14 and the Health Maintenance Organization sought to be
15 acquired as of the end of the preceding year and as
16 of a date 90 days prior to the acquisition, as well
17 as pro forma financial statements reflecting
18 projected combined operation for a period of 2
19 years;
20 (C) a pro forma business plan detailing an
21 acquiring party's plans with respect to the
22 operation of the Health Maintenance Organization
23 sought to be acquired for a period of not less than
24 3 years; and
25 (D) such other information as the Director
26 shall require.
27 (d) The provisions of Article VIII 1/2 of the Illinois
28 Insurance Code and this Section 5-3 shall apply to the sale
29 by any health maintenance organization of greater than 10% of
30 its enrollee population (including without limitation the
31 health maintenance organization's right, title, and interest
32 in and to its health care certificates).
33 (e) In considering any management contract or service
34 agreement subject to Section 141.1 of the Illinois Insurance
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1 Code, the Director (i) shall, in addition to the criteria
2 specified in Section 141.2 of the Illinois Insurance Code,
3 take into account the effect of the management contract or
4 service agreement on the continuation of benefits to
5 enrollees and the financial condition of the health
6 maintenance organization to be managed or serviced, and (ii)
7 need not take into account the effect of the management
8 contract or service agreement on competition.
9 (f) Except for small employer groups as defined in the
10 Small Employer Rating, Renewability and Portability Health
11 Insurance Act and except for medicare supplement policies as
12 defined in Section 363 of the Illinois Insurance Code, a
13 Health Maintenance Organization may by contract agree with a
14 group or other enrollment unit to effect refunds or charge
15 additional premiums under the following terms and conditions:
16 (i) the amount of, and other terms and conditions
17 with respect to, the refund or additional premium are set
18 forth in the group or enrollment unit contract agreed in
19 advance of the period for which a refund is to be paid or
20 additional premium is to be charged (which period shall
21 not be less than one year); and
22 (ii) the amount of the refund or additional premium
23 shall not exceed 20% of the Health Maintenance
24 Organization's profitable or unprofitable experience with
25 respect to the group or other enrollment unit for the
26 period (and, for purposes of a refund or additional
27 premium, the profitable or unprofitable experience shall
28 be calculated taking into account a pro rata share of the
29 Health Maintenance Organization's administrative and
30 marketing expenses, but shall not include any refund to
31 be made or additional premium to be paid pursuant to this
32 subsection (f)). The Health Maintenance Organization and
33 the group or enrollment unit may agree that the
34 profitable or unprofitable experience may be calculated
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1 taking into account the refund period and the immediately
2 preceding 2 plan years.
3 The Health Maintenance Organization shall include a
4 statement in the evidence of coverage issued to each enrollee
5 describing the possibility of a refund or additional premium,
6 and upon request of any group or enrollment unit, provide to
7 the group or enrollment unit a description of the method used
8 to calculate (1) the Health Maintenance Organization's
9 profitable experience with respect to the group or enrollment
10 unit and the resulting refund to the group or enrollment unit
11 or (2) the Health Maintenance Organization's unprofitable
12 experience with respect to the group or enrollment unit and
13 the resulting additional premium to be paid by the group or
14 enrollment unit.
15 In no event shall the Illinois Health Maintenance
16 Organization Guaranty Association be liable to pay any
17 contractual obligation of an insolvent organization to pay
18 any refund authorized under this Section.
19 (Source: P.A. 88-313; 89-90, eff. 6-30-95.)
20 (215 ILCS 125/5-6) (from Ch. 111 1/2, par. 1414)
21 Sec. 5-6. Supervision of rehabilitation, liquidation or
22 conservation by the Director.
23 (a) For purposes of the rehabilitation, liquidation or
24 conservation of a health maintenance organization, the
25 operation of a health maintenance organization in this State
26 constitutes a form of insurance protection which should be
27 governed by the same provisions governing the rehabilitation,
28 liquidation or conservation of insurance companies. Any
29 rehabilitation, liquidation or conservation of a Health
30 Maintenance Organization shall be based upon the grounds set
31 forth in and subject to the provisions of the laws of this
32 State regarding the rehabilitation, liquidation, or
33 conservation of an insurance company and shall be conducted
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1 under the supervision of the Director. Insolvency, as a
2 ground for rehabilitation, liquidation, or conservation of a
3 Health Maintenance Organization, shall be recognized when a
4 Health Maintenance Organization cannot be expected to satisfy
5 its financial obligations when such obligations are to become
6 due or when the Health Maintenance Organization has neglected
7 to correct within the time prescribed by subsection (c) of
8 Section 2-4, a deficiency occurring due to such
9 organization's prescribed minimum net worth or special
10 contingent reserve being impaired. For purpose of
11 determining the priority of distribution of general assets,
12 claims of enrollees and enrollees' beneficiaries shall have
13 the same priority as established by Section 205 of the
14 Illinois Insurance Code for policyholders and beneficiaries
15 of insureds of insurance companies. If an enrollee is liable
16 to any provider for services provided pursuant to and covered
17 by the health care plan, that liability shall have the status
18 of an enrollee claim for distribution of general assets.
19 Any provider who is obligated by statute or agreement to
20 hold enrollees harmless from liability for services provided
21 pursuant to and covered by a health care plan shall have a
22 priority of distribution of the general assets immediately
23 following that of enrollees and enrollees' beneficiaries as
24 described herein, and immediately preceding the priority of
25 distribution described in paragraph (e) of subsection (1) of
26 Section 205 of the Illinois Insurance Code.
27 (b) For purposes of Articles XIII and XIII-1/2 of the
28 Illinois Insurance Code, organizations in the following
29 categories shall be deemed to be a "domestic company" and a
30 "domiciliary company":
31 (i) a corporation authorized under the Medical
32 Service Plan Act, the Dental Service Plan Act, the Vision
33 Service Plan Act, the Pharmaceutical Service Plan Act,
34 the Voluntary Health Services Plans Act or the Non-Profit
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1 Health Care Service Plan Act;
2 (ii) a corporation organized under the laws of this
3 State; or
4 (iii) a corporation organized under the laws of
5 another state, 20% or more of the enrollees of which are
6 residents of this State, except where such a corporation
7 is, in its state of incorporation, subject to
8 rehabilitation, liquidation and conservation under the
9 laws relating to insurance companies.
10 (c) In the event of the insolvency of a health
11 maintenance organization, no enrollee of such organization
12 shall be liable to any provider for medical services rendered
13 by such provider, except for applicable co-payments or
14 deductibles for covered services or fees for services not
15 covered by the health maintenance organization, with respect
16 to the amounts such provider is not paid by the Association
17 pursuant to the provisions of Section 6-8 (8)(b) and (c).
18 No provider, whether or not the provider is obligated by
19 statute or agreement to hold enrollees harmless from
20 liability, shall seek to recover any such amount from any
21 enrollee until the Association has made a final determination
22 of its liability (or the resolution of any dispute or
23 litigation resulting therefrom) with respect to the matters
24 specified in such provisions. In the event that the provider
25 seeks to recover such amounts before the Association's final
26 determination of its liability (or the resolution of any
27 dispute or litigation resulting therefrom), the provider
28 shall be liable for all reasonable costs and attorney fees
29 incurred by the Director or the Association in enforcing this
30 provision or any court orders related hereto.
31 (Source: P.A. 88-297; 89-206, eff. 7-21-95.)
32 Section 5-330. The Pharmaceutical Service Plan Act is
33 amended by adding Section 46.1 as follows:
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1 (215 ILCS 135/46.1 new)
2 Sec. 46.1. Repeal. This Act is repealed on July 1,
3 1998.
4 Section 5-331. The Public Utilities Act is amended by
5 changing Sections 7-202, 11-302, and 13-301.1 as follows:
6 (220 ILCS 5/7-202) (from Ch. 111 2/3, par. 7-202)
7 Sec. 7-202. If a corporation incorporated under the laws
8 of a foreign state shall petition the Commission for
9 authorization to acquire by purchase, lease, merger,
10 consolidation or otherwise all or substantially all the
11 franchises, licenses, permits, plants, equipment, business or
12 other property of a public utility incorporated under the
13 laws of Illinois, whose capital stock is subject to
14 assessment under the provisions of the General Revenue Law of
15 Illinois, the Commission shall impose, as a condition to such
16 acquisition, payment annually by such foreign corporation,
17 its successors or assigns, of an amount equal to the amount
18 of taxes legally extended against the assessed valuation of
19 the capital stock of such Illinois public utility in the year
20 immediately preceding the year in which such acquisition
21 occurs. Such annual payment shall be in addition to any other
22 fees and taxes required by law. If such acquisition occurs
23 prior to April 1 in any year, the first such annual payment
24 shall be made in the next calendar year. If such acquisition
25 occurs on or after April 1 in any year, the first such annual
26 payment shall be made in the second following calendar year.
27 The obligation to make such annual payments shall continue as
28 long as such foreign corporation, its successors or assigns,
29 owns, controls, operates or manages within the State of
30 Illinois the franchises, licenses, permits, plants,
31 equipment, business or other property of the Illinois public
32 utility so acquired, or any replacement, renewal or extension
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1 thereof or addition thereto. Such annual payment shall be
2 made to the taxing districts whose territorial limits, at the
3 time such payment is required to be made, include the place
4 where the principal office of such Illinois public utility
5 was located at the time of such acquisition, for use for such
6 corporate purposes of such taxing districts as their
7 governing bodies may order. The amount of the payment to each
8 of the several taxing districts shall be in the same ratio to
9 the total required annual payment as the ratio of the rate at
10 which taxes of such taxing district for the preceding year
11 have been extended to the total of the rates extended for all
12 of the taxes of such taxing districts for the preceding year.
13 Such annual payment shall be made by such foreign
14 corporation, its successors or assigns, to the respective
15 treasurers of such taxing districts within 30 days from the
16 date of delivery by the County Clerk to the Collector of the
17 books for collection of taxes. Such foreign corporation, its
18 successors or assigns, shall within 30 days after such annual
19 payments have been made, file with the Commission duplicate
20 receipts of the respective treasurers of such taxing
21 districts to which such payments were made.
22 This Section is repealed on July 1, 1998.
23 (Source: P.A. 84-617.)
24 (220 ILCS 5/11-302) (from Ch. 111 2/3, par. 11-302)
25 Sec. 11-302. The Commission shall furnish the Office of
26 Public Counsel with copies of the initial pleadings in all
27 proceedings before the Commission under this Act and if the
28 Office intervenes as a party in any proceeding it shall be
29 served with copies of all subsequent pleadings, exhibits and
30 testimony.
31 The Office shall be permitted to intervene in any
32 Commission proceeding under this Act upon filing a notice of
33 intervention with the Commission. Upon filing notice of
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1 intervention the Office shall serve all parties with copies
2 of such notice and of all its subsequent pleadings and
3 exhibits. The Office shall otherwise be treated as any party
4 to Commission proceedings and shall be equally subject to any
5 law and regulations which govern the conduct of such
6 proceedings. The Office shall be permitted to utilize all
7 forms of discovery available to other parties and to have
8 access to and the use of all files, records and data of the
9 Commission, necessary to meet the duties of the Office.
10 The Office of Public Counsel shall be funded by an annual
11 appropriation from the general revenues.
12 (Source: P.A. 84-617; 84-1025.)
13 (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
14 (This Section is scheduled to be repealed July 1, 1999.)
15 Sec. 13-301.1. Universal Telephone Service Assistance
16 Program.
17 (a) The Commission shall by rule or regulation establish
18 a Universal Telephone Service Assistance Program for low
19 income residential customers. The program shall provide for a
20 reduction of access line charges, a reduction of connection
21 charges, or any other alternative to increase accessibility
22 to telephone service that the Commission deems advisable
23 subject to the availability of funds for the program as
24 provided in subsection (b). The Commission shall establish
25 eligibility requirements for benefits under the program.
26 (b) The Commission shall require by rule or regulation
27 that each telecommunications carrier providing local exchange
28 telecommunications services notify its customers that if the
29 customer wishes to participate in the funding of the
30 Universal Telephone Service Assistance Program he may do so
31 by electing to contribute, on a monthly basis, a fixed amount
32 that will be included in the customer's monthly bill. The
33 customer may cease contributing at any time upon providing
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1 notice to the telecommunications carrier providing local
2 exchange telecommunications services. The notice shall state
3 that any contribution made will not reduce the customer's
4 bill for telecommunications services. Failure to remit the
5 amount of increased payment will reduce the contribution
6 accordingly. The Commission shall specify the monthly fixed
7 amount or amounts that customers wishing to contribute to the
8 funding of the Universal Telephone Service Assistance Program
9 may choose from in making their contributions. Every
10 telecommunications carrier providing local exchange
11 telecommunications services shall remit the amounts
12 contributed in accordance with the terms of the Universal
13 Telephone Service Assistance Program.
14 (c) The Commission shall promulgate the rules and
15 regulations necessary to implement the provisions of this
16 Section no later than 180 days after the effective date of
17 this amendatory Act of 1991.
18 (Source: P.A. 87-750.)
19 Section 5-336. The Private Employment Agency Act is
20 amended by changing Sections 10 and 10.1 as follows:
21 (225 ILCS 515/10) (from Ch. 111, par. 910)
22 Sec. 10. Licensee prohibitions. No licensee shall send
23 or cause to be sent any female help or servants, inmate, or
24 performer, to enter any questionable place, or place of bad
25 repute, house of ill-fame, or assignation house, or to any
26 house or place of amusement kept for immoral purposes, or
27 place resorted to for the purpose of prostitution or gambling
28 house, the character of which licensee knows either actually
29 or by reputation.
30 No licensee shall permit questionable characters,
31 prostitutes, gamblers, intoxicated persons, or procurers to
32 frequent the such agency.
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1 No licensee shall accept any application for employment
2 made by or on behalf of any child, or shall place or assist
3 in placing any such child in any employment whatever, in
4 violation of the Child Labor Law, approved June 30, 1945, as
5 amended. A violation of any provision of this Section shall
6 be a Class A misdemeanor.
7 No licensee shall publish or cause to be published any
8 fraudulent or misleading notice or advertisement of its such
9 employment agencies, by means of cards, circulars, or signs,
10 or in newspapers or other publications; and all letterheads,
11 receipts, and blanks shall contain the full name and address
12 of the such employment agency and licensee shall state in all
13 notices and advertisements the fact that licensee is, or
14 conducts, a private employment agency.
15 No licensee shall print, publish, or paint on any sign,
16 or window, or insert in any newspaper or publication, a name
17 similar to that of the Illinois Public Free Employment
18 Office.
19 No licensee shall print or stamp on any receipt or on any
20 contract used by that such agency, any part of this Act,
21 unless the entire Section from which that such part is taken,
22 is printed or stamped thereon.
23 All written communications sent out by any licensee,
24 directly or indirectly, to any person or firm with regard to
25 employees or employment, shall contain therein definite
26 information that such person is a private employment agency.
27 No licensee or his or her employees shall knowingly give
28 any false or misleading information, or make any false or
29 misleading promise to any applicant who shall apply for
30 employment or employees.
31 (Source: P.A. 84-551.)
32 (225 ILCS 515/10.1) (from Ch. 111, par. 911)
33 Sec. 10.1. Farmworkers. The Department of Labor shall
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1 proscribe the recruitment by private employment agencies of
2 farmworkers unless the such private employment agency files a
3 statement with the Department of Labor setting forth the
4 terms and conditions, and the existence of any strike, or
5 other concerted stoppage, slowdown, or interruption of
6 operations by employees of the prospective employer at the
7 site of the proposed employment, directly relating to the
8 employment offered to the farmworkers so recruited. A copy of
9 the such statement in English and the language in which the
10 farmworker is fluent shall be given to each farmworker prior
11 to recruitment by the private employment agencies so
12 recruiting. The statement shall be made on a form provided to
13 private employment agencies by the Job Illinois State
14 Employment Service on request. As used in this Section and
15 Section 10.2, "farmworker" means any person who moves
16 seasonally from one place to another, within or without the
17 State, for the purpose of obtaining employment relating to
18 the planting, raising, or harvesting of any agricultural or
19 horticultural commodities, or the handling, packing, or
20 processing of those such commodities on the farm where
21 produced or at the place of first processing after leaving
22 that such farm.
23 (Source: P.A. 79-902.)
24 Section 5-341. The Coal Mining Act is amended by
25 changing Sections 4.15, 4.16, and 4.35 as follows:
26 (225 ILCS 705/4.15) (from Ch. 96 1/2, par. 415)
27 Sec. 4.15. State Mine Inspectors are sealers of weights
28 and measures in their respective districts, and as such may
29 test all scales used to weigh coal at coal mines. Upon the
30 written request of any mine owner or operator, or of 10 coal
31 miners employed at any one mine, the State Mine Inspector
32 shall test any scale or scales against which a complaint is
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1 directed. If he finds that any scale or scales, do not weigh
2 correctly, he shall call the attention of the mine owner or
3 operator to the fact, and direct that said scale or scales be
4 at once overhauled and readjusted so as to indicate only true
5 and exact weights, and he shall forbid the further operation
6 of such mine until the scales are adjusted. In the event the
7 test of the State Mine Inspector conflicts with any test made
8 by any county sealer of weights or under and by virtue of any
9 municipal ordinance or regulation, then the test by the State
10 Mine Inspector shall prevail.
11 This Section is repealed on July 1, 1998.
12 (Source: Laws 1953, p. 701.)
13 (225 ILCS 705/4.16) (from Ch. 96 1/2, par. 416)
14 Sec. 4.16. For the purpose of carrying out the
15 provisions of Section 4.15 the Mining Board shall furnish
16 each State Mine Inspector with a complete set of standard
17 weights suitable for testing the accuracy of track scales and
18 of all smaller scales at mines. All test weights shall remain
19 in the custody of the State Mine Inspector for use at any
20 mine within his district; and for any amounts expended by him
21 for the storage, transportation, or handling of the weights,
22 he shall be fully reimbursed upon making entry of the proper
23 items in his expense voucher.
24 This Section is repealed on July 1, 1998.
25 (Source: Laws 1953, p. 701.)
26 (225 ILCS 705/4.35) (from Ch. 96 1/2, par. 435)
27 Sec. 4.35. Effective July 1, 1955, all State Mine
28 Inspectors and State Mine Inspectors-at-Large, now employed
29 and those hereafter employed, shall, at the discretion of the
30 Mining Board, be separated from their employment when they
31 reach the age of 65 years.
32 This Section is repealed on July 1, 1998.
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1 (Source: Laws 1955, p. 2012.)
2 Section 5-343. The Illinois Public Aid Code is amended
3 by changing Sections 3-8, 4-1.2b, 4-2, 4-10, 4-14, 5-5.16,
4 5-12, 6-2, 6-6, 12-4.7a, 12-4.11, 12-4.20b, and 12-6 as
5 follows:
6 (305 ILCS 5/3-8) (from Ch. 23, par. 3-8)
7 Sec. 3-8. Funeral and burial.
8 If the estate of a deceased recipient is insufficient to
9 pay for funeral and burial expenses, and if no other
10 resources, including assistance from legally responsible
11 relatives, are available for such purposes, there shall be
12 paid, in accordance with the standards, rules and regulations
13 of the Illinois Department, such reasonable amounts as may be
14 necessary to meet costs of the funeral, burial space, and
15 cemetery charges, or to reimburse any person not financially
16 responsible for the deceased who has voluntarily made
17 expenditures for such costs.
18 Notwithstanding any other provision of this Code to the
19 contrary, the Illinois Department is authorized to reduce or
20 eliminate payments under this Section as necessary to
21 implement contingency reserves under the Emergency Budget Act
22 of Fiscal Year 1992, to the extent permitted by federal law.
23 Any such reduction or elimination shall expire on July 1,
24 1992.
25 (Source: P.A. 87-838.)
26 (305 ILCS 5/4-1.2b) (from Ch. 23, par. 4-1.2b)
27 Sec. 4-1.2b. Federal marriage penalty; waiver. The
28 General Assembly finds that it is in the best interests of
29 children, parents, and the State that minor children reside
30 with 2 parents. Children in 2-parent families are less
31 likely to be and remain poor and less likely to need public
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1 assistance. The General Assembly also finds that the current
2 federal requirement that a stepparent's income must be
3 counted to reduce or deny assistance under this Article to
4 the stepchildren penalizes and discourages assistance
5 recipients from forming 2-parent families.
6 Therefore, the Illinois Department shall seek, and make
7 its best efforts to obtain, from the appropriate federal
8 authorities a waiver of the requirement that a stepparent's
9 income must be counted to reduce or deny assistance under
10 this Article to the stepchildren in the assistance unit. To
11 assist the General Assembly in its deliberations for program
12 initiatives beginning in Fiscal Year 1994, the Illinois
13 Department shall report to the General Assembly no later than
14 March 31, 1993 the results of the effort to obtain the waiver
15 from the federal government.
16 This Section is repealed on July 1, 1998.
17 (Source: P.A. 87-1056.)
18 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
19 Sec. 4-2. Amount of aid.
20 (a) The amount and nature of financial aid shall be
21 determined in accordance with the standards, grant amounts,
22 rules and regulations of the Illinois Department. Due regard
23 shall be given to the self-sufficiency requirements of the
24 family and to the income, money contributions and other
25 support and resources available, from whatever source.
26 Beginning July 1, 1992, the supplementary grants previously
27 paid under this Section shall no longer be paid. However,
28 the amount and nature of any financial aid is not affected by
29 the payment of any grant under the "Senior Citizens and
30 Disabled Persons Property Tax Relief and Pharmaceutical
31 Assistance Act". The aid shall be sufficient, when added to
32 all other income, money contributions and support to provide
33 the family with a grant in the amount established by
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1 Department regulation.
2 (b) The Illinois Department may conduct special
3 projects, which may be known as Grant Diversion Projects,
4 under which recipients of financial aid under this Article
5 are placed in jobs and their grants are diverted to the
6 employer who in turn makes payments to the recipients in the
7 form of salary or other employment benefits. The Illinois
8 Department shall by rule specify the terms and conditions of
9 such Grant Diversion Projects. Such projects shall take into
10 consideration and be coordinated with the programs
11 administered under the Illinois Emergency Employment
12 Development Act.
13 (c) The amount and nature of the financial aid for a
14 child requiring care outside his own home shall be determined
15 in accordance with the rules and regulations of the Illinois
16 Department, with due regard to the needs and requirements of
17 the child in the foster home or institution in which he has
18 been placed.
19 (d) If the Department establishes grants for family
20 units consisting exclusively of a pregnant woman with no
21 dependent child, the grant amount for such a unit shall be
22 equal to the grant amount for an assistance unit consisting
23 of one adult. Other than as herein described, an unborn
24 child shall not be counted in determining the size of an
25 assistance unit or for calculating grants.
26 Payments for basic maintenance requirements of a child or
27 children and the relative with whom the child or children are
28 living shall be prescribed, by rule, by the Illinois
29 Department.
30 These grants may be increased in the following circumstances:
31 1. If the child is living with both parents or with
32 persons standing in the relationship of parents, and if
33 the grant is necessitated because of the unemployment or
34 insufficient earnings of the parent or parents and
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1 neither parent is receiving benefits under "The
2 Unemployment Compensation Act", approved June 30, 1937,
3 as amended, the maximum may be increased by not more than
4 $25.
5 2. If a child is age 13 or over, the maximum may be
6 increased by not more than $15.
7 The allowances provided under Article IX for recipients
8 participating in the training and rehabilitation programs
9 shall be in addition to the maximum payments established in
10 this Section.
11 Grants under this Article shall not be supplemented by
12 General Assistance provided under Article VI.
13 (e) Grants shall be paid to the parent or other person
14 with whom the child or children are living, except for such
15 amount as is paid in behalf of the child or his parent or
16 other relative to other persons or agencies pursuant to this
17 Code or the rules and regulations of the Illinois Department.
18 (f) An assistance unit, receiving financial aid under
19 this Article or temporarily ineligible to receive aid under
20 this Article under a penalty imposed by the Illinois
21 Department for failure to comply with the eligibility
22 requirements or that voluntarily requests termination of
23 financial assistance under this Article and becomes
24 subsequently eligible for assistance within 9 months, shall
25 not receive any increase in the amount of aid solely on
26 account of the birth of a child; except that an increase is
27 not prohibited when the birth is (i) of a child of a pregnant
28 woman who became eligible for aid under this Article during
29 the pregnancy, or (ii) of a child born within 10 months after
30 the date of implementation of this subsection, or (iii) of a
31 child conceived after a family became ineligible for
32 assistance due to income or marriage and at least 3 months of
33 ineligibility expired before any reapplication for
34 assistance. This subsection does not, however, prevent a
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1 unit from receiving a general increase in the amount of aid
2 that is provided to all recipients of aid under this Article.
3 The Illinois Department is authorized to transfer funds,
4 and shall use any budgetary savings attributable to not
5 increasing the grants due to the births of additional
6 children, to supplement existing funding for employment and
7 training services within the JOBS or its successor program
8 for recipients of aid under this Article IV. The Illinois
9 Department shall target, to the extent the supplemental
10 funding allows, JOBS services to the families who do not
11 receive a grant increase after the birth of a child. In
12 addition, the Illinois Department shall provide, to the
13 extent the supplemental funding allows, such families with up
14 to 24 months of transitional child care pursuant to Illinois
15 Department rules. All remaining supplemental funds shall be
16 used for JOBS employment and training services or
17 transitional child care support.
18 In making the transfers authorized by this subsection,
19 the Illinois Department shall first determine, pursuant to
20 regulations adopted by the Illinois Department for this
21 purpose, the amount of savings attributable to not increasing
22 the grants due to the births of additional children.
23 Transfers may be made from General Revenue Fund
24 appropriations for distributive purposes authorized by
25 Article IV of this Code only to General Revenue Fund
26 appropriations for employability development services
27 including operating and administrative costs and related
28 distributive purposes under Article IXA of this Code. The
29 Director, with the approval of the Governor, shall certify
30 the amount and affected line item appropriations to the State
31 Comptroller.
32 The Illinois Department shall apply for all waivers of
33 federal law and regulations necessary to implement this
34 subsection; implementation of this subsection is contingent
HB0821 Engrossed -143- LRB9002999WHmg
1 on the Illinois Department receiving all necessary federal
2 waivers. The Illinois Department may implement this
3 subsection through the use of emergency rules in accordance
4 with Section 5-45 of the Illinois Administrative Procedure
5 Act. For purposes of the Illinois Administrative Procedure
6 Act, the adoption of rules to implement this subsection shall
7 be considered an emergency and necessary for the public
8 interest, safety, and welfare.
9 Nothing in this subsection shall be construed to prohibit
10 the Illinois Department from using AFDC funds to provide
11 assistance in the form of vouchers that may be used to pay
12 for goods and services deemed by the Illinois Department, by
13 rule, as suitable for the care of the child such as diapers,
14 clothing, school supplies, and cribs.
15 (g) (Blank). Notwithstanding any other provision of this
16 Code to the contrary, the Illinois Department is authorized
17 to reduce or eliminate payments for supplementary grants
18 under the first paragraph of this Section as necessary to
19 implement contingency reserves under the Emergency Budget Act
20 of Fiscal Year 1992, to the extent permitted by federal law.
21 Any such reduction or elimination shall expire on July 1,
22 1992.
23 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
24 89-641, eff. 8-9-96.)
25 (305 ILCS 5/4-10) (from Ch. 23, par. 4-10)
26 Sec. 4-10. Funeral and burial.
27 If the estate of a deceased recipient is insufficient to
28 pay for funeral and burial expenses, and if no other
29 resources, including assistance from legally responsible
30 relatives, are available for such purposes, there shall be
31 paid, in accordance with the standards, rules and regulations
32 of the Illinois Department, such reasonable amounts as may be
33 necessary to meet costs of the funeral, burial space, and
HB0821 Engrossed -144- LRB9002999WHmg
1 cemetery charges or to reimburse any person not financially
2 responsible for the deceased who has voluntarily made
3 expenditures for such costs.
4 Notwithstanding any other provision of this Code to the
5 contrary, the Illinois Department is authorized to reduce or
6 eliminate payments under this Section as necessary to
7 implement contingency reserves under the Emergency Budget Act
8 of Fiscal Year 1992, to the extent permitted by federal law.
9 Any such reduction or elimination shall expire on July 1,
10 1992.
11 (Source: P.A. 87-838.)
12 (305 ILCS 5/4-14) (from Ch. 23, par. 4-14)
13 Sec. 4-14. As provided by the Energy Assistance Act of
14 1989, enacted by the 86th General Assembly, between November
15 1 and April 30 the Department shall, pursuant to Section
16 12-4.7a, make payments to the Department of Commerce and
17 Community Affairs for special energy assistance on behalf of
18 families eligible pursuant to Section 4-1 of this Code. Such
19 payments or transfers or deposits shall not exceed the
20 amounts appropriated for such purposes and shall be in
21 amounts determined in accordance with Section 13 of the
22 Energy Assistance Act of 1989.
23 This Section is repealed on July 1, 1998.
24 (Source: P.A. 86-127.)
25 (305 ILCS 5/5-5.16) (from Ch. 23, par. 5-5.16)
26 Sec. 5-5.16. The Department shall adopt as a rule
27 pursuant to the Illinois Administrative Procedure Act a basic
28 format for the consideration of drugs for provider
29 reimbursement. Before the Department makes effective any
30 additions to and deletions from the Drug Manual pursuant to
31 the above adopted rule, the Department shall adopt such
32 additions and deletions as an emergency rule pursuant to
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1 Section 5-45 of the Illinois Administrative Procedure Act.
2 Such rules shall become effective upon filing with the
3 Secretary of State. In addition, the Department shall, as
4 soon as practicable thereafter, file proposed rules to amend
5 the Drug Manual pursuant to Section 5-40 of the Illinois
6 Administrative Procedure Act.
7 This Section is repealed on July 1, 1998.
8 (Source: P.A. 88-45.)
9 (305 ILCS 5/5-12) (from Ch. 23, par. 5-12)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 5-12. Funeral and burial. Upon the death of a
12 recipient who qualified under class 2, 3 or 4 of Section 5-2,
13 if his estate is insufficient to pay his funeral and burial
14 expenses and if no other resources, including assistance from
15 legally responsible relatives, are available for such
16 purposes, there shall be paid, in accordance with the
17 standards, rules and regulations of the Illinois Department,
18 such reasonable amounts as may be necessary to meet costs of
19 the funeral, burial space, and cemetery charges, or to
20 reimburse any person not financially responsible for the
21 deceased who have voluntarily made expenditures for such
22 costs.
23 Notwithstanding any other provision of this Code to the
24 contrary, the Illinois Department is authorized to reduce or
25 eliminate payments under this Section as necessary to
26 implement contingency reserves under the Emergency Budget Act
27 of Fiscal Year 1992, to the extent permitted by federal law.
28 Any such reduction or elimination shall expire on July 1,
29 1992.
30 (Source: P.A. 87-838.)
31 (Text of Section after amendment by P.A. 89-507)
32 Sec. 5-12. Funeral and burial. Upon the death of a
33 recipient who qualified under class 2, 3 or 4 of Section 5-2,
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1 if his estate is insufficient to pay his funeral and burial
2 expenses and if no other resources, including assistance from
3 legally responsible relatives, are available for such
4 purposes, there shall be paid, in accordance with the
5 standards, rules and regulations of the Illinois Department
6 of Human Services, such reasonable amounts as may be
7 necessary to meet costs of the funeral, burial space, and
8 cemetery charges, or to reimburse any person not financially
9 responsible for the deceased who have voluntarily made
10 expenditures for such costs.
11 Notwithstanding any other provision of this Code to the
12 contrary, the Illinois Department is authorized to reduce or
13 eliminate payments under this Section as necessary to
14 implement contingency reserves under the Emergency Budget Act
15 of Fiscal Year 1992, to the extent permitted by federal law.
16 Any such reduction or elimination shall expire on July 1,
17 1992.
18 (Source: P.A. 89-507, eff. 7-1-97.)
19 (305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
20 Sec. 6-2. Amount of aid. The amount and nature of
21 General Assistance for basic maintenance requirements shall
22 be determined in accordance with local budget standards for
23 local governmental units which do not receive State funds.
24 For local governmental units which do receive State funds,
25 the amount and nature of General Assistance for basic
26 maintenance requirements shall be determined in accordance
27 with the standards, rules and regulations of the Illinois
28 Department. Beginning July 1, 1992, the supplementary grants
29 previously paid under this Section shall no longer be paid.
30 However, the amount and nature of any financial aid is not
31 affected by the payment of any grant under the Senior
32 Citizens and Disabled Persons Property Tax Relief and
33 Pharmaceutical Assistance Act. Due regard shall be given to
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1 the requirements and the conditions existing in each case,
2 and to the income, money contributions and other support and
3 resources available, from whatever source. In local
4 governmental units which do not receive State funds, the
5 grant shall be sufficient when added to all other income,
6 money contributions and support in excess of any excluded
7 income or resources, to provide the person with a grant in
8 the amount established for such a person by the local
9 governmental unit based upon standards meeting basic
10 maintenance requirements. In local governmental units which
11 do receive State funds, the grant shall be sufficient when
12 added to all other income, money contributions and support in
13 excess of any excluded income or resources, to provide the
14 person with a grant in the amount established for such a
15 person by Department regulation based upon standards
16 providing a livelihood compatible with health and well-being,
17 as directed by Section 12-4.11 of this Code.
18 The Illinois Department may conduct special projects,
19 which may be known as Grant Diversion Projects, under which
20 recipients of financial aid under this Article are placed in
21 jobs and their grants are diverted to the employer who in
22 turn makes payments to the recipients in the form of salary
23 or other employment benefits. The Illinois Department shall
24 by rule specify the terms and conditions of such Grant
25 Diversion Projects. Such projects shall take into
26 consideration and be coordinated with the programs
27 administered under the Illinois Emergency Employment
28 Development Act.
29 The allowances provided under Article IX for recipients
30 participating in the training and rehabilitation programs
31 shall be in addition to such maximum payment.
32 Payments may also be made to provide persons receiving
33 basic maintenance support with necessary treatment, care and
34 supplies required because of illness or disability or with
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1 acute medical treatment, care, and supplies. Payments for
2 necessary or acute medical care under this paragraph may be
3 made to or in behalf of the person. Obligations incurred for
4 such services but not paid for at the time of a recipient's
5 death may be paid, subject to the rules and regulations of
6 the Illinois Department, after the death of the recipient.
7 Notwithstanding any other provision of this Code to the
8 contrary, the Illinois Department is authorized to reduce or
9 eliminate payments under this Section as necessary to
10 implement contingency reserves under the Emergency Budget Act
11 of Fiscal Year 1992, to the extent permitted by federal law.
12 Any such reduction or elimination shall expire on July 1,
13 1992.
14 (Source: P.A. 89-646, eff. 1-1-97.)
15 (305 ILCS 5/6-6) (from Ch. 23, par. 6-6)
16 Sec. 6-6. Funeral and Burial.
17 If the estate of a deceased recipient is insufficient to
18 pay for funeral and burial expenses and if no other resources
19 including assistance from legally responsible relatives or
20 the United States Veterans Administration, are available for
21 such purposes, there shall be paid, in accordance with the
22 standards, rules and regulations of the Illinois Department,
23 such amounts as may be necessary to meet costs of the
24 funeral, burial space, and cemetery charges, or to reimburse
25 any person not financially responsible for the deceased who
26 has voluntarily made expenditures for such costs.
27 Notwithstanding any other provision of this Code to the
28 contrary, the Illinois Department is authorized to reduce or
29 eliminate payments under this Section as necessary to
30 implement contingency reserves under the Emergency Budget Act
31 of Fiscal Year 1992, to the extent permitted by federal law.
32 Any such reduction or elimination shall expire on July 1,
33 1992.
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1 (Source: P.A. 87-838.)
2 (305 ILCS 5/12-4.7a) (from Ch. 23, par. 12-4.7a)
3 Sec. 12-4.7a. The Department shall enter into a written
4 agreement with the Illinois Department of Commerce and
5 Community Affairs which shall provide for interagency
6 procedures to process applications and make payments for
7 special energy assistance to eligible recipients pursuant to
8 Article IV of this Code. The Department shall, to the extent
9 permitted by the United States Department of Agriculture,
10 exempt from consideration assistance provided pursuant to the
11 Energy Assistance Act of 1989 in determinations of
12 eligibility and amounts of benefits under the Federal Food
13 Stamp Program.
14 This Section is repealed on July 1, 1998.
15 (Source: P.A. 86-127.)
16 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
17 (Text of Section before amendment by P.A. 89-507)
18 Sec. 12-4.11. Standards of assistance; content;
19 limitations; grant amounts. Establish specific standards, by
20 rule, by which grant amounts and need for public aid will be
21 determined and amend the standards from time to time as
22 circumstances may require.
23 The standards shall provide a livelihood compatible with
24 health and well-being for persons eligible for financial aid
25 under any Article of this Code. They shall include
26 recognition of any special needs occasioned by the handicaps
27 and infirmities of age, blindness, or disability. They shall
28 include recognition of the special clothing needs of school
29 age children occasioned by cold weather conditions during the
30 winter season. Standards established to determine the
31 eligibility of medically indigent persons for aid under
32 Articles V or VII shall take into account the requirements of
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1 the spouse or other dependent or dependents of the applicant
2 for medical aid.
3 The quantity and quality of the items included in the
4 standards established for food, clothing, and other basic
5 maintenance needs shall take account of the buying and
6 consumption patterns of self-supporting persons and families
7 of low income, as determined from time to time by the United
8 States Department of Agriculture, the United States Bureau of
9 Labor Statistics, and other nationally recognized research
10 authorities in the fields of nutrition and family living.
11 The items in the standards shall be priced annually for
12 changes in cost, as provided in Section 12-4.15, and prices
13 of the standards adjusted as indicated by the findings of
14 these surveys. The Department, with due regard for and
15 subject to budgetary limitations, shall establish grant
16 amounts for each of the programs, by regulation. The grant
17 amounts may be less than the prices of the standards and may
18 vary by program, size of assistance unit and geographic area
19 and may be established in the form of a percentage of the
20 standards for any or all programs. Beginning July 1, 1991,
21 the annual appropriations law of the Illinois Department of
22 Public Aid shall, in respect to Articles IV and VI, specify
23 the percentage of the current Standard of Need, that the
24 current fiscal year appropriation is intended to cover as of
25 the beginning of that fiscal year. Nothing in the preceding
26 sentence shall be construed to require any grant increase at
27 any time during the remainder of that fiscal year.
28 In recognition of the inability of low income households
29 to afford the rising costs of energy, payments made by the
30 Department under Articles IV and VI shall include an amount
31 of money to offset, in whole or in part, the costs of energy
32 associated with seasonal variations. The Department may by
33 rule establish the amount of such energy payments which may
34 vary in accordance with the size of the assistance unit. The
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1 Department for reasons of administrative simplicity may
2 provide the amounts in equal monthly payments.
3 During the first month that the Department pays grants
4 which include amounts authorized in the preceding paragraph,
5 the grant amounts for all sized assistance units within each
6 program the Department administers under Article IV of this
7 Code and for assistance units of more than one person under
8 Article VI of this Code shall be adjusted to approach more
9 closely a single percentage of the standard of assistance
10 established under this Section, with grant amounts expressed
11 in whole dollar amounts. The percentage used for Article IV
12 need not be the same percentage used for Article VI. Energy
13 Assistance money provided in a separate payment and
14 identified as being exclusively for energy assistance shall
15 not be considered as a part of the grant for the purposes of
16 this paragraph; all of the grant amount, including any
17 portion thereof that may be provided for the purpose of
18 energy assistance provided under the preceding paragraph,
19 shall be considered under this paragraph.
20 Aid payments shall not be reduced except: (1) for changes
21 in the cost of items included in the standards, or (2) for
22 changes in the expenses of the recipient, or (3) for changes
23 in the income or resources available to the recipient, or (4)
24 for changes in grants resulting from adoption of a
25 consolidated standard, or (5) to accomplish the adjustment
26 described in the preceding paragraph, or (6) beginning July
27 1, 1992, to reduce grant amounts for recipients of cash
28 assistance under Sections 3-1a and 6-11 of this Code during
29 fiscal year 1993.
30 If recipients can obtain adequate shelter only if a
31 security deposit is given the landlord, the Department may
32 furnish one month's rent as a security deposit. This
33 provision shall be operative only to the extent that it does
34 not foster the granting of duplicate assistance.
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1 In fixing standards to govern payments or reimbursements
2 for funeral and burial expenses, the Department shall take
3 into account the services essential to a dignified, low-cost
4 funeral and burial, but no payment shall be authorized from
5 public aid funds for the funeral in excess of $630, exclusive
6 of reasonable amounts as may be necessary for burial space
7 and cemetery charges, and any applicable taxes or other
8 required governmental fees or charges. The Department shall
9 authorize no payment in excess of $315 for a cemetery burial.
10 Nothing contained in this Section or in any other Section
11 of this Code shall be construed to prohibit the Illinois
12 Department (1) from consolidating existing standards on the
13 basis of any standards which are or were in effect on, or
14 subsequent to July 1, 1969, or (2) from employing any
15 consolidated standards in determining need for public aid and
16 the amount of money payment or grant for individual
17 recipients or recipient families.
18 Notwithstanding any other provision of this Code to the
19 contrary, the Illinois Department is authorized to reduce
20 payment levels under Article VI as necessary to implement
21 contingency reserves under the Emergency Budget Act of Fiscal
22 Year 1992, to the extent permitted by federal law. Any such
23 reduction shall expire on July 1, 1992.
24 (Source: P.A. 86-127; 86-430; 86-1028; 86-1457; 87-528;
25 87-838; 87-860.)
26 (Text of Section after amendment by P.A. 89-507)
27 Sec. 12-4.11. Standards of assistance; content;
28 limitations; grant amounts. Establish specific standards, by
29 rule, by which grant amounts and need for public aid will be
30 determined and amend the standards from time to time as
31 circumstances may require.
32 The standards shall provide a livelihood compatible with
33 health and well-being for persons eligible for financial aid
34 under any Article of this Code. They shall include
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1 recognition of any special needs occasioned by the handicaps
2 and infirmities of age, blindness, or disability. They shall
3 include recognition of the special clothing needs of school
4 age children occasioned by cold weather conditions during the
5 winter season. Standards established to determine the
6 eligibility of medically indigent persons for aid under
7 Articles V or VII shall take into account the requirements of
8 the spouse or other dependent or dependents of the applicant
9 for medical aid.
10 The quantity and quality of the items included in the
11 standards established for food, clothing, and other basic
12 maintenance needs shall take account of the buying and
13 consumption patterns of self-supporting persons and families
14 of low income, as determined from time to time by the United
15 States Department of Agriculture, the United States Bureau of
16 Labor Statistics, and other nationally recognized research
17 authorities in the fields of nutrition and family living.
18 The items in the standards shall be priced annually for
19 changes in cost, as provided in Section 12-4.15, and prices
20 of the standards adjusted as indicated by the findings of
21 these surveys. The Department, with due regard for and
22 subject to budgetary limitations, shall establish grant
23 amounts for each of the programs, by regulation. The grant
24 amounts may be less than the prices of the standards and may
25 vary by program, size of assistance unit and geographic area
26 and may be established in the form of a percentage of the
27 standards for any or all programs. Beginning July 1, 1991,
28 the annual appropriations law of the Illinois Department
29 shall, in respect to Articles IV and VI, specify the
30 percentage of the current Standard of Need, that the current
31 fiscal year appropriation is intended to cover as of the
32 beginning of that fiscal year. Nothing in the preceding
33 sentence shall be construed to require any grant increase at
34 any time during the remainder of that fiscal year.
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1 In recognition of the inability of low income households
2 to afford the rising costs of energy, payments made by the
3 Department under Articles IV and VI shall include an amount
4 of money to offset, in whole or in part, the costs of energy
5 associated with seasonal variations. The Department may by
6 rule establish the amount of such energy payments which may
7 vary in accordance with the size of the assistance unit. The
8 Department for reasons of administrative simplicity may
9 provide the amounts in equal monthly payments.
10 During the first month that the Department pays grants
11 which include amounts authorized in the preceding paragraph,
12 the grant amounts for all sized assistance units within each
13 program the Department administers under Article IV of this
14 Code and for assistance units of more than one person under
15 Article VI of this Code shall be adjusted to approach more
16 closely a single percentage of the standard of assistance
17 established under this Section, with grant amounts expressed
18 in whole dollar amounts. The percentage used for Article IV
19 need not be the same percentage used for Article VI. Energy
20 Assistance money provided in a separate payment and
21 identified as being exclusively for energy assistance shall
22 not be considered as a part of the grant for the purposes of
23 this paragraph; all of the grant amount, including any
24 portion thereof that may be provided for the purpose of
25 energy assistance provided under the preceding paragraph,
26 shall be considered under this paragraph.
27 Aid payments shall not be reduced except: (1) for changes
28 in the cost of items included in the standards, or (2) for
29 changes in the expenses of the recipient, or (3) for changes
30 in the income or resources available to the recipient, or (4)
31 for changes in grants resulting from adoption of a
32 consolidated standard, or (5) to accomplish the adjustment
33 described in the preceding paragraph, or (6) beginning July
34 1, 1992, to reduce grant amounts for recipients of cash
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1 assistance under Sections 3-1a and 6-11 of this Code during
2 fiscal year 1993.
3 If recipients can obtain adequate shelter only if a
4 security deposit is given the landlord, the Department may
5 furnish one month's rent as a security deposit. This
6 provision shall be operative only to the extent that it does
7 not foster the granting of duplicate assistance.
8 In fixing standards to govern payments or reimbursements
9 for funeral and burial expenses, the Department shall take
10 into account the services essential to a dignified, low-cost
11 funeral and burial, but no payment shall be authorized from
12 public aid funds for the funeral in excess of $630, exclusive
13 of reasonable amounts as may be necessary for burial space
14 and cemetery charges, and any applicable taxes or other
15 required governmental fees or charges. The Department shall
16 authorize no payment in excess of $315 for a cemetery burial.
17 Nothing contained in this Section or in any other Section
18 of this Code shall be construed to prohibit the Illinois
19 Department (1) from consolidating existing standards on the
20 basis of any standards which are or were in effect on, or
21 subsequent to July 1, 1969, or (2) from employing any
22 consolidated standards in determining need for public aid and
23 the amount of money payment or grant for individual
24 recipients or recipient families.
25 Notwithstanding any other provision of this Code to the
26 contrary, the Illinois Department is authorized to reduce
27 payment levels under Article VI as necessary to implement
28 contingency reserves under the Emergency Budget Act of Fiscal
29 Year 1992, to the extent permitted by federal law. Any such
30 reduction shall expire on July 1, 1992.
31 (Source: P.A. 89-507, eff. 7-1-97.)
32 (305 ILCS 5/12-4.20b) (from Ch. 23, par. 12-4.20b)
33 Sec. 12-4.20b. Appointment of Task Force on Application
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1 Processing. Appoint the Task Force on Application
2 Processing, to be composed of members of the General Assembly
3 and representatives of the Illinois Department, the Illinois
4 Hospital Association, hospitals, welfare rights organizations
5 and the general public as deemed appropriate by the Director.
6 The Task Force shall conduct a study of the methods used by
7 the Illinois Department to process applications for public
8 assistance which are submitted on behalf of persons by
9 hospitals and make recommendations to the Director as it
10 deems appropriate for actions which should be taken to
11 improve and expedite the processing of such applications.
12 The Illinois Department shall provide staff support and
13 information as necessary to facilitate the activities of the
14 Task Force. No later than March 31, 1990, the Director shall
15 report the recommendations of the Task Force to the General
16 Assembly, together with any other information or
17 recommendations (including recommendations for legislation)
18 deemed appropriate.
19 This Section is repealed on July 1, 1998.
20 (Source: P.A. 86-741.)
21 (305 ILCS 5/12-6) (from Ch. 23, par. 12-6)
22 Sec. 12-6. The Medical Payment Fund is abolished and the
23 State Treasurer, as custodian of that Fund, shall pay the
24 balance remaining in that Fund into the General Revenue Fund
25 in the State Treasury.
26 This Section is repealed on July 1, 1998.
27 (Source: P.A. 79-646.)
28 Section 5-345. The Energy Assistance Act is amended by
29 adding Section 8.1 as follows:
30 (305 ILCS 15/8.1 new)
31 Sec. 8.1. Repeal. This Act is repealed on July 1, 1998.
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1 Section 5-346. The State Housing Act is amended by
2 changing Sections 46 and 46.1 as follows:
3 (310 ILCS 5/46) (from Ch. 67 1/2, par. 196)
4 Sec. 46. Prior to the acquisition of title to any real
5 property an authority shall submit to the Department data as
6 to the location and cost of the property, and prior to the
7 undertaking of any construction or other initiation of a
8 project an authority shall submit to the Department the
9 proposed plans, specifications and estimates of the costs and
10 a statement of the proposed methods of financing and
11 operating the project. An authority shall not finally
12 acquire title to any real estate nor undertake the
13 construction or operation of a project without the approval
14 of the Department; provided that, if the Department shall
15 fail within thirty days after receipt thereof to state its
16 disapproval of the proposals or such modifications thereof as
17 it may deem desirable, the proposals shall be deemed to have
18 been approved as submitted. No change involving an
19 expenditure of more than twenty-five hundred dollars shall be
20 made in any proposal approved by the Department without
21 submission to the Department in the manner prescribed in this
22 section. The provisions of this section shall not apply with
23 reference to any project which is or is to be financed in
24 whole or in part by the Federal government or any agency or
25 instrumentality thereof.
26 This Section is repealed on July 1, 1998.
27 (Source: P.A. 81-1509.)
28 (310 ILCS 5/46.1) (from Ch. 67 1/2, par. 196.1)
29 Sec. 46.1. The Department shall recall from all local
30 housing authorities and land clearance commissions all monies
31 derived from appropriations of State funds in accordance with
32 "An Act to promote the improvement of housing", approved July
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1 26, 1945, and "An Act making appropriations for certain
2 additional ordinary, contingent and distributive expenses of
3 State government", approved July 21, 1947, and distributed to
4 such local housing authorities and land clearance commissions
5 in accordance with "An Act to promote the improvement of
6 housing", approved July 26, 1945, and "An Act to facilitate
7 the development and construction of housing, to provide
8 governmental assistance therefor, and to repeal an Act herein
9 named", approved July 2, 1947, including monies invested in
10 accordance with this Act, and "An Act relating to certain
11 investment of public funds by public agencies", approved
12 April 17, 1959, as amended. Wherever the Department has
13 issued an approval for the use of such funds in support of
14 the objectives of this Act, other than for investment as
15 referred to herein, the Department shall recall only such
16 part of such monies that have not been expended in accordance
17 with the approval as issued for the time period which such
18 approval specified.
19 In those instances where the approval or regulations of
20 the Department do not specify that monies shall be expended
21 in a particular time period, the recall of unexpended funds
22 may not be made by the Department prior to 24 months from the
23 date of the issuance of such approval, or upon completion or
24 abandonment of the program relating thereto, whichever occurs
25 sooner. Upon request of a housing authority or land
26 clearance commission, the Department may, in its discretion,
27 defer the recall of funds for which no specified time of
28 expenditure is required.
29 The Department shall deposit such monies and the funds
30 received from housing authorities dissolved under Section 32
31 of the "Housing Authorities Act", the funds recovered from
32 housing authorities or land clearance commissions under
33 Section 9a of "An Act to facilitate the development and
34 construction of housing, to provide governmental assistance
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1 therefor, and to repeal an Act herein named", approved July
2 2, 1947, as amended, and the funds recovered from the
3 dissolution of any land clearance commission under Section
4 25a of the "Blighted Areas Redevelopment Act of 1947", in a
5 special trust fund designated the Housing Fund.
6 The Treasurer of the State of Illinois shall be
7 ex-officio custodian of the Housing Fund but the monies in
8 the Housing Fund shall not be deposited in the State
9 Treasury, but shall be held separate and apart from funds in
10 the Treasury. Expenditures from the Housing Fund shall be
11 made on vouchers signed by the Director of the Department.
12 Within the limitations provided in this Section, the
13 Department may expend or withdraw monies from the Housing
14 Fund for any or all of the following purposes:
15 (a) to make allocations to local housing authorities and
16 land clearance commissions in accordance with "An Act to
17 facilitate the development and construction of housing, to
18 provide governmental assistance therefor, and to repeal an
19 Act herein named", approved July 2, 1947, as amended, "An Act
20 making appropriations for certain additional ordinary
21 contingent and distributive expense of State government",
22 approved July 21, 1947, and upon the approval of such
23 allocation, such monies shall be remitted from the Housing
24 Fund to the local housing authority or land clearance
25 commission for which approval of request for a grant and
26 instructions for allocation from the Housing Fund have been
27 made;
28 (b) to invest such monies in accordance with the
29 regulations prescribed in "An Act relating to certain
30 investment of public funds by public agencies", approved
31 April 17, 1959, as amended, and the principal and interest
32 earned from such investments shall be deemed to be a part of
33 the Housing Fund;
34 (c) to make allocations to the Illinois Housing
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1 Development Authority to carry out the purposes and powers of
2 the Illinois Housing Development Authority as provided for in
3 the Illinois Housing Development Act, as heretofore or
4 hereafter amended;
5 (d) for the expenses of implementing and administering
6 Federal programs by the Office of Housing and Buildings in
7 the Department, reimbursement for which will be made by the
8 Federal government. Monies paid by the Federal government as
9 reimbursement for such expenses shall be paid into the
10 Housing Fund;
11 (e) for the expenses of allocating, administering and
12 auditing grants from the Housing Fund to local housing
13 authorities and land clearance commissions.
14 Upon the effectiveness of this amendatory Act, monies
15 already allocated to the Illinois Housing Development
16 Authority from the Housing Fund by the Department (or the
17 State Housing Board as its predecessor) shall be deposited in
18 a special trust fund, separate from the Housing Fund, and
19 designated the Housing Development Revolving Fund. Monies
20 allocated in the future to the Illinois Housing Development
21 Authority from the Housing Fund by the Department shall be
22 deposited in the Housing Development Revolving Fund, together
23 with such other monies from any available sources as the
24 Illinois Housing Development Authority shall determine to
25 deposit in the Housing Development Revolving Fund.
26 Monies returned to the Illinois Housing Development
27 Authority as repayment of grants, loans, advances,
28 allocations or distributions made out of the Housing
29 Development Revolving Fund shall be deposited in the Housing
30 Development Revolving Fund and may be reused by the Illinois
31 Housing Development Authority for the purposes of and under
32 the procedures for the Housing Development Revolving Fund
33 specified in this section.
34 The Treasurer of the State of Illinois shall be
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1 ex-officio custodian of the Housing Development Revolving
2 Fund, but the monies in the Housing Development Revolving
3 Fund shall not be deposited in the State Treasury but shall
4 be held separate and apart from the funds in the Treasury.
5 Expenditures from the Housing Development Revolving Fund
6 shall be made on vouchers signed by the Chairman of the
7 Illinois Housing Development Authority after an authorizing
8 resolution by the Illinois Housing Development Authority.
9 The Illinois Housing Development Authority may expend or
10 withdraw monies from the Housing Development Revolving Fund
11 for the following purposes: (a) To make grants, loans,
12 advances, allocations, or distributions to not-for-profit
13 corporations, limited profit entities and housing
14 corporations in accordance with the provisions of the
15 Illinois Housing Development Act, as amended; (b) To make
16 allocations, expenditures or distributions for the
17 administration of the provisions of the Illinois Housing
18 Development Authority incidental to and necessary or
19 convenient to the carrying out of the corporate purposes and
20 powers of the Illinois Housing Development Authority; (c) To
21 invest such monies in accordance with the regulations
22 prescribed in "An Act relating to certain investments of
23 public funds by public agencies", approved July 23, 1943, as
24 amended, and the principal and interest earned from such
25 investments shall be deemed to be a part of the Housing
26 Development Revolving Fund.
27 This Section is repealed on July 1, 1998.
28 (Source: P.A. 81-1509.)
29 Section 5-347. The Housing Development and Construction
30 Act is amended by changing Section 7 as follows:
31 (310 ILCS 20/7) (from Ch. 67 1/2, par. 59)
32 Sec. 7. Each housing authority or Land Clearance
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1 Commission shall make an annual report to the Department of
2 Commerce and Community Affairs of the use of the grant
3 allocated to it. In its annual report to the Governor, the
4 Department of Commerce and Community Affairs shall present a
5 detailed statement regarding the fund of each body to which a
6 grant has been made, and the uses to which the fund has been
7 applied.
8 This Section is repealed on July 1, 1998.
9 (Source: P.A. 81-1509.)
10 Section 5-355. The Veterans' Employment Representative
11 Act is amended by changing Sections 1 and 2 as follows:
12 (330 ILCS 50/1) (from Ch. 48, par. 186a)
13 Sec. 1. Veteran services; representative. Each full
14 service office of the Job Illinois State Employment Service
15 shall assign at least one full time Veterans' Employment
16 Representative, defined by title and classification under the
17 Personnel Code of Illinois, to work exclusively in job
18 counseling, training, and placement of veterans. Preference
19 for these positions shall be given to qualified persons who
20 have been members of the armed forces of the United States in
21 times of hostilities with a foreign country. Any candidate
22 for these positions shall be deemed to have met and satisfied
23 examination admission requirements if the where such
24 candidate served in the armed forces during times of
25 hostilities with a foreign country and was honorably
26 discharged therefrom due to a combat-related disability. The
27 holder of such a position shall be administratively
28 responsible to the local office manager, and his or her first
29 line responsibility is functional supervision of all local
30 office services to veterans. He or she may also be delegated
31 line supervision of veteran units, assistant local veterans'
32 employment representative, or veteran aid. Individualized
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1 veterans' services such as application taking, counseling,
2 job referral, or training will continue to be provided to
3 veterans on a priority basis by all local office staff.
4 (Source: P.A. 83-1178.)
5 (330 ILCS 50/2) (from Ch. 48, par. 186b)
6 Sec. 2. Veteran services; funding. Since funding for
7 these veteran services by the Job Illinois State Employment
8 Service has already been provided for by the U.S. Department
9 of Labor, no additional funds will be required to carry out
10 the provisions of this Act.
11 (Source: P.A. 79-1386.)
12 Section 5-360. The Community Support Systems Act is
13 amended by changing Sections 3 and 4 as follows:
14 (405 ILCS 35/3) (from Ch. 91 1/2, par. 1103)
15 (Text of Section before amendment by P.A. 89-507)
16 Sec. 3. Funding of Special Initiatives.
17 (a) The Department may establish special funding
18 initiatives to accomplish a variety of objectives related to
19 the development of community support systems. Any funds
20 appropriated by the General Assembly for any of these special
21 initiatives shall be expended only for the stated purpose.
22 (1) The Department may fund innovative community
23 support system components on a pilot project basis. Such
24 funding shall be on a start-up basis, and shall include
25 requirements for evaluation of program effectiveness.
26 Continuation funding for program components developed in
27 this way shall be based on demonstrated effectiveness.
28 (2) The Department may fund selected pilot projects
29 to investigate key issues or problems encountered in
30 development, planning and implementation of community
31 support systems. Such funding shall include monies for
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1 research and evaluation of pilot project components.
2 (3) The Department may provide continuing research
3 and evaluation funding grants for community support
4 systems established or enhanced through pilot projects
5 funded pursuant to Section 16.2 of "An Act codifying the
6 powers and duties of the Department of Mental Health and
7 Developmental Disabilities", approved August 2, 1961, as
8 amended, or as provided herein, after the period of
9 program component funding has elapsed. The purpose of
10 such funding shall be the assessment of long-term effects
11 of community support systems on the needs of the
12 chronically mentally ill, on service system development
13 and responsiveness, and for continuing study of certain
14 defined key issues.
15 (b) The Department shall report progress of all special
16 initiative projects to the Commission on Mental Health and
17 Developmental Disabilities on a semiannual basis. Reports
18 shall include summaries of special initiative project
19 purposes and goals, accomplishment of objectives and goals to
20 date, research and evaluation designs, preliminary and final
21 research and evaluation findings, and plans for continuation
22 funding.
23 (Source: P.A. 83-698.)
24 (Text of Section after amendment by P.A. 89-507)
25 Sec. 3. Funding of special initiatives.
26 (a) The Department may establish special funding
27 initiatives to accomplish a variety of objectives related to
28 the development of community support systems. Any funds
29 appropriated by the General Assembly for any of these special
30 initiatives shall be expended only for the stated purpose.
31 (1) The Department may fund innovative community
32 support system components on a pilot project basis. Such
33 funding shall be on a start-up basis, and shall include
34 requirements for evaluation of program effectiveness.
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1 Continuation funding for program components developed in
2 this way shall be based on demonstrated effectiveness.
3 (2) The Department may fund selected pilot projects
4 to investigate key issues or problems encountered in
5 development, planning and implementation of community
6 support systems. Such funding shall include monies for
7 research and evaluation of pilot project components.
8 (3) The Department may provide continuing research
9 and evaluation funding grants for community support
10 systems established or enhanced through pilot projects
11 funded pursuant to Section 16.2 of the Mental Health and
12 Developmental Disabilities Administrative Act, or as
13 provided herein, after the period of program component
14 funding has elapsed. The purpose of such funding shall
15 be the assessment of long-term effects of community
16 support systems on the needs of the chronically mentally
17 ill, on service system development and responsiveness,
18 and for continuing study of certain defined key issues.
19 (b) (Blank). The Department shall report progress of all
20 special initiative projects to the Commission on Mental
21 Health and Developmental Disabilities on a semiannual basis.
22 Reports shall include summaries of special initiative project
23 purposes and goals, accomplishment of objectives and goals to
24 date, research and evaluation designs, preliminary and final
25 research and evaluation findings, and plans for continuation
26 funding.
27 (Source: P.A. 89-507, eff. 7-1-97.)
28 (405 ILCS 35/4) (from Ch. 91 1/2, par. 1104)
29 Sec. 4. Reporting Requirements. The Department shall
30 develop an implementation plan detailing the time frame for
31 accomplishment of the Department's responsibilities under
32 this Act, and shall submit such plan to the Commission on
33 Mental Health and Development Disabilities by January 1,
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1 1984. The Department shall subsequently submit annual
2 reports to the Commission on Mental Health and Developmental
3 Disabilities documenting progress in accomplishment of their
4 responsibilities under this Act on January 1 of each
5 succeeding year. Such reports shall also include
6 documentation of the development of community support
7 services statewide.
8 This Section is repealed on July 1, 1998.
9 (Source: P.A. 83-698.)
10 Section 5-373. The Environmental Protection Act is
11 amended by changing Sections 9.7 and 19.7 as follows:
12 (415 ILCS 5/9.7) (from Ch. 111 1/2, par. 1009.7)
13 Sec. 9.7. CFC's. (a) The General Assembly hereby finds
14 that the manufacture and use of chlorofluorocarbons (CFCs)
15 present a serious threat to the environment, and declares it
16 to be the public policy of this State to discourage the
17 unnecessary use of CFCs, to encourage producers of CFCs to
18 replace them with alternative substances that have a less
19 deleterious impact on the environment, and to promote the use
20 of equipment to recover and recycle existing CFCs.
21 (b) By February 1, 1990, the Department shall report to
22 the Governor and the General Assembly with the following:
23 (1) Recommendations for the recovery and recycling of
24 CFCs from refrigerators, air conditioners and motor vehicles
25 that face immediate disposal. Such report shall consider,
26 but shall not be limited to considering, regional CFC removal
27 centers, portable CFC removal equipment, and other
28 appropriate procedures or equipment.
29 (2) Recommendations for recovery and recycling of CFC
30 coolant during the servicing of motor vehicle and building
31 air conditioning and large refrigeration units.
32 (Source: P.A. 86-756.)
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1 (415 ILCS 5/19.7) (from Ch. 111 1/2, par. 1019.7)
2 Sec. 19.7. By January 1, 1992, the Agency shall prepare
3 a survey to determine the need for additional treatment works
4 in this State and determine how the Fund may be used in
5 meeting the intent of this Title.
6 This Section is repealed on July 1, 1998.
7 (Source: P.A. 85-1135.)
8 Section 5-380. The Illinois Solid Waste Management Act
9 is amended by changing Sections 3 and 6.2 as follows:
10 (415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
11 Sec. 3. State Agency Materials Recycling Program.
12 (a) All State agencies responsible for the maintenance
13 of public lands in the State shall, to the maximum extent
14 feasible, give due consideration and preference to the use of
15 compost materials in all land maintenance activities which
16 are to be paid with public funds.
17 (b) The Department of Central Management Services, in
18 coordination with the Department of Commerce and Community
19 Affairs, shall implement waste reduction programs, including
20 source separation and collection, for office wastepaper,
21 corrugated containers, newsprint and mixed paper, in all
22 State buildings as appropriate and feasible. Such waste
23 reduction programs shall be designed to achieve waste
24 reductions of at least 25% of all such waste by December 31,
25 1995, and at least 50% of all such waste by December 31,
26 2000. Any source separation and collection program shall
27 include, at a minimum, procedures for collecting and storing
28 recyclable materials, bins or containers for storing
29 materials, and contractual or other arrangements with buyers
30 of recyclable materials. If market conditions so warrant,
31 the Department of Central Management Services, in
32 coordination with the Department of Commerce and Community
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1 Affairs, may modify programs developed pursuant to this
2 Section.
3 The Department of Commerce and Community Affairs shall
4 conduct waste categorization studies of all State facilities
5 for calendar years 1991, 1995 and 2000. Such studies shall
6 be designed to assist the Department of Central Management
7 Services to achieve the waste reduction goals established in
8 this subsection.
9 (c) Each State agency shall, upon consultation with the
10 Department of Commerce and Community Affairs, periodically
11 review its procurement procedures and specifications related
12 to the purchase of products or supplies. Such procedures and
13 specifications shall be modified as necessary to require the
14 procuring agency to seek out products and supplies that
15 contain recycled materials, and to ensure that purchased
16 products or supplies are reusable, durable or made from
17 recycled materials whenever economically and practically
18 feasible. In choosing among products or supplies that
19 contain recycled material, consideration shall be given to
20 products and supplies with the highest recycled material
21 content that is consistent with the effective and efficient
22 use of the product or supply.
23 (d) Wherever economically and practically feasible, the
24 Department of Central Management Services shall procure
25 recycled paper and paper products as follows:
26 (1) Beginning July 1, 1989, at least 10% of the
27 total dollar value of paper and paper products purchased
28 by the Department of Central Management Services shall be
29 recycled paper and paper products.
30 (2) Beginning July 1, 1992, at least 25% of the
31 total dollar value of paper and paper products purchased
32 by the Department of Central Management Services shall be
33 recycled paper and paper products.
34 (3) Beginning July 1, 1996, at least 40% of the
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1 total dollar value of paper and paper products purchased
2 by the Department of Central Management Services shall be
3 recycled paper and paper products.
4 (4) Beginning July 1, 2000, at least 50% of the
5 total dollar value of paper and paper products purchased
6 by the Department of Central Management Services shall be
7 recycled paper and paper products.
8 (e) Paper and paper products purchased from private
9 vendors pursuant to printing contracts are not considered
10 paper products for the purposes of subsection (d). However,
11 the Department of Central Management Services shall report to
12 the General Assembly on an annual basis the total dollar
13 value of printing contracts awarded to private sector vendors
14 that included the use of recycled paper.
15 (f)(1) Wherever economically and practically feasible,
16 the recycled paper and paper products referred to in
17 subsection (d) shall contain postconsumer or recovered
18 paper materials as specified by paper category in this
19 subsection:
20 (i) Recycled high grade printing and writing
21 paper shall contain at least 50% recovered paper
22 material. Such recovered paper material, until July
23 1, 1994, shall consist of at least 20% deinked stock
24 or postconsumer material; and beginning July 1,
25 1994, shall consist of at least 25% deinked stock or
26 postconsumer material; and beginning July 1, 1996,
27 shall consist of at least 30% deinked stock or
28 postconsumer material; and beginning July 1, 1998,
29 shall consist of at least 40% deinked stock or
30 postconsumer material; and beginning July 1, 2000,
31 shall consist of at least 50% deinked stock or
32 postconsumer material.
33 (ii) Recycled tissue products, until July 1,
34 1994, shall contain at least 25% postconsumer
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1 material; and beginning July 1, 1994, shall contain
2 at least 30% postconsumer material; and beginning
3 July 1, 1996, shall contain at least 35%
4 postconsumer material; and beginning July 1, 1998,
5 shall contain at least 40% postconsumer material;
6 and beginning July 1, 2000, shall contain at least
7 45% postconsumer material.
8 (iii) Recycled newsprint, until July 1, 1994,
9 shall contain at least 40% postconsumer material;
10 and beginning July 1, 1994, shall contain at least
11 50% postconsumer material; and beginning July 1,
12 1996, shall contain at least 60% postconsumer
13 material; and beginning July 1, 1998, shall contain
14 at least 70% postconsumer material; and beginning
15 July 1, 2000, shall contain at least 80%
16 postconsumer material.
17 (iv) Recycled unbleached packaging, until July
18 1, 1994, shall contain at least 35% postconsumer
19 material; and beginning July 1, 1994, shall contain
20 at least 40% postconsumer material; and beginning
21 July 1, 1996, shall contain at least 45%
22 postconsumer material; and beginning July 1, 1998,
23 shall contain at least 50% postconsumer material;
24 and beginning July 1, 2000, shall contain at least
25 55% postconsumer material.
26 (v) Recycled paperboard, until July 1, 1994,
27 shall contain at least 80% postconsumer material;
28 and beginning July 1, 1994, shall contain at least
29 85% postconsumer material; and beginning July 1,
30 1996, shall contain at least 90% postconsumer
31 material; and beginning July 1, 1998, shall contain
32 at least 95% postconsumer material.
33 (2) For the purposes of this Section, "postconsumer
34 material" includes:
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1 (i) paper, paperboard, and fibrous wastes from
2 retail stores, office buildings, homes, and so
3 forth, after the waste has passed through its end
4 usage as a consumer item, including used corrugated
5 boxes, old newspapers, mixed waste paper, tabulating
6 cards, and used cordage; and
7 (ii) all paper, paperboard, and fibrous wastes
8 that are diverted or separated from the municipal
9 solid waste stream.
10 (3) For the purposes of this Section, "recovered
11 paper material" includes:
12 (i) postconsumer material;
13 (ii) dry paper and paperboard waste generated
14 after completion of the papermaking process (that
15 is, those manufacturing operations up to and
16 including the cutting and trimming of the paper
17 machine reel into smaller rolls or rough sheets),
18 including envelope cuttings, bindery trimmings, and
19 other paper and paperboard waste resulting from
20 printing, cutting, forming, and other converting
21 operations, or from bag, box and carton
22 manufacturing, and butt rolls, mill wrappers, and
23 rejected unused stock; and
24 (iii) finished paper and paperboard from
25 obsolete inventories of paper and paperboard
26 manufacturers, merchants, wholesalers, dealers,
27 printers, converters, or others.
28 (g) The Department of Central Management Services may
29 adopt regulations to carry out the provisions and purposes of
30 this Section.
31 (h) Every State agency shall, in its procurement
32 documents, specify that, whenever economically and
33 practically feasible, a product to be procured must consist,
34 wholly or in part, of recycled materials, or be recyclable or
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1 reusable in whole or in part. When applicable, if state
2 guidelines are not already prescribed, State agencies shall
3 follow USEPA guidelines for federal procurement.
4 (i) All State agencies shall cooperate with the
5 Department of Central Management Services in carrying out
6 this Section. The Department of Central Management Services
7 may enter into cooperative purchasing agreements with other
8 governmental units in order to obtain volume discounts, or
9 for other reasons in accordance with the Governmental Joint
10 Purchasing Act, or in accordance with the Intergovernmental
11 Cooperation Act if governmental units of other states or the
12 federal government are involved.
13 (j) The Department of Central Management Services shall
14 submit an annual report to the General Assembly concerning
15 its implementation of the State's collection and recycled
16 paper procurement programs. This report shall include a
17 description of the actions that the Department of Central
18 Management Services has taken in the previous fiscal year to
19 implement this Section. This report shall be submitted on or
20 before November 1 of each year.
21 (k) The Department of Central Management Services, in
22 cooperation with all other appropriate departments and
23 agencies of the State, shall institute whenever economically
24 and practically feasible the use of re-refined motor oil in
25 all State-owned motor vehicles and the use of remanufactured
26 and retread tires whenever such use is practical, beginning
27 no later than July 1, 1992.
28 (l) (Blank). The Illinois Department of Transportation
29 shall study the feasibility of using recycled asphalt,
30 rubberized asphalt, concrete and demolition materials in road
31 construction projects undertaken by the Department. In
32 conducting the study, the Department of Transportation shall
33 (i) consider development of bid specifications to promote the
34 use of recycled asphalt, rubberized asphalt, concrete and
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1 demolition materials, and (ii) analyze the costs and
2 availability thereof. On or before July 1, 1992, the
3 Department shall submit a report of its findings and
4 recommendations to the Governor and the General Assembly.
5 (Source: P.A. 89-445, eff. 2-7-96.)
6 (415 ILCS 20/6.2) (from Ch. 111 1/2, par. 7056.2)
7 Sec. 6.2. Task Force. There is hereby established an
8 Advisory Task Force on Developing Markets for Recyclable
9 Materials. The Task Force shall consist of the Director of
10 the Department, the Director of the Environmental Protection
11 Agency, the State Treasurer, the Lieutenant Governor, the
12 Director of Agriculture, the Director of Commerce and
13 Community Affairs, and the Director of Central Management
14 Services, or their respective designees, and the following
15 persons appointed by the Director of the Department: one
16 person representing a municipality that is providing for
17 separate collection of recyclable materials; one person
18 representing the recycling industry; one person representing
19 a nonprofit recycling center; 2 persons representing
20 environmental organizations; one person representing the
21 State's business community; one person representing the
22 packaging industry; one person representing a consumer
23 organization; one person representing the State's higher
24 education community; and one person representing the solid
25 waste management industry.
26 The Task Force shall study the existence of markets for
27 recyclable materials, and the feasibility of various methods
28 of encouraging the development of such markets. In the
29 course of its study, the Task Force shall:
30 (1) address funding mechanisms for market
31 development programs;
32 (2) evaluate financial incentives for market
33 development programs, including but not limited to
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1 investment tax credits, local recycling enterprise zones,
2 and other subsidies;
3 (3) identify specific market development options
4 that can be implemented at the local level; and
5 (4) investigate and explore the potential for
6 developing international markets.
7 The Task Force shall provide a preliminary report of its
8 findings, along with any proposed legislation that the Task
9 Force believes necessary, to the Governor and the General
10 Assembly by March 1, 1992, and a final report of its findings
11 by September 1, 1992, after which the Task Force is
12 abolished. The Department shall provide the Task Force with
13 such clerical and technical support as may be useful for
14 carrying out its purposes under this Section.
15 This Section is repealed on July 1, 1998.
16 (Source: P.A. 89-445, eff. 2-7-96.)
17 Section 5-390. The Recycled Newsprint Use Act is amended
18 by changing Section 2009 as follows:
19 (415 ILCS 110/2009) (from Ch. 96 1/2, par. 9759)
20 Sec. 2009. Survey of paper industry. After January 1,
21 1992, the Department shall conduct a survey of the paper
22 industry to assess the availability of, quality of, and
23 market for all recycled content papers, including coated
24 groundwood papers and papers that are not newsprint. The
25 Department shall report the findings of its survey to the
26 General Assembly on or before July 1, 1992.
27 This Section is repealed on July 1, 1998.
28 (Source: P.A. 86-1443.)
29 Section 5-395. The Radon Mitigation Act is amended by
30 changing Section 6 as follows:
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1 (420 ILCS 50/6) (from Ch. 111 1/2, par. 243-6)
2 Sec. 6. Report. Within 12 months of the effective date
3 of this Act, the Department shall prepare and present to the
4 Governor and the General Assembly a report describing its
5 findings and recommendations regarding the existence and
6 nature of the risk from radon in dwellings and other
7 buildings in Illinois, proposed measures for mitigating that
8 risk, and proposals for implementing those measures.
9 This Section is repealed on July 1, 1998.
10 (Source: P.A. 86-251.)
11 Section 5-415. The Supreme Court Act is amended by
12 changing Section 11 as follows:
13 (705 ILCS 5/11) (from Ch. 37, par. 16)
14 Sec. 11. The office of marshal marshall for the Supreme
15 Court is hereby created, such marshal marshall to be selected
16 by the Supreme Court, and the duties of such marshal marshall
17 shall be to attend upon its sittings and to perform such
18 other duties, under the order and direction of the said
19 court, as are usually performed by sheriffs of courts. The
20 salary of such marshal marshall shall be fixed by the judges
21 of the Supreme Court, such salary to be payable monthly, from
22 the State treasury, upon bills of particulars, signed by any
23 one of the judges of the Supreme Court.
24 (Source: Laws 1965, p. 766.)
25 Section 5-425. The Official Court Reports Act is amended
26 by changing Section 4 as follows:
27 (705 ILCS 65/4) (from Ch. 37, par. 644)
28 Sec. 4. The Supreme Court or its designee shall
29 determine the style, manner, size, quality, and general
30 format in which said decisions shall be published, together
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1 with the frequency thereof; provided that if the decisions of
2 the Supreme and Appellate Reports are published in a single
3 volume, said volume shall be entitled "Illinois Reports" and,
4 if published in separate volumes, "Illinois Reports" for the
5 Supreme Court decisions, and "Illinois Appellate Reports" for
6 the Appellate Court decisions.
7 (Source: P.A. 77-93.)
8 Section 5-435. The Industrial Schools for Girls Act is
9 amended by adding Section 15.1 as follows:
10 (730 ILCS 160/15.1 new)
11 Sec. 15.1. Repeal. This Act is repealed on July 1,
12 1998.
13 Section 5-440. The Training School for Boys Act is
14 amended by adding Section 14.1 as follows:
15 (730 ILCS 165/14.1 new)
16 Sec. 14.1. Repeal. This Act is repealed on July 1,
17 1998.
18 Section 5-460. The Unemployment Insurance Act is amended
19 by changing Sections 1511 and 1705 as follows:
20 (820 ILCS 405/1511) (from Ch. 48, par. 581)
21 Sec. 1511. Study of experience rating. The Employment
22 Security Advisory Board of Unemployment Compensation and Free
23 Employment Office Advisors, created by Section 6.28 of "the
24 Civil Administrative Code of Illinois," approved March 7,
25 1917, as amended, hereafter designated as the Employment
26 Security Advisory Board, is hereby authorized and directed to
27 study and examine the present provisions of this Act
28 providing for experience rating, in order to determine
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1 whether the rates of contribution will operate to replenish
2 the amount of benefits paid and to determine the effect of
3 experience rating upon labor and industry in this State.
4 The Board shall submit its findings and recommendations
5 based thereon to the General Assembly. The Board may employ
6 such experts and assistants as may be necessary to carry out
7 the provisions of this Section. All expenses incurred in the
8 making of this study, including the preparation and
9 submission of its findings and recommendations, shall be paid
10 in the same manner as is provided for the payment of costs of
11 administration of this Act.
12 (Source: P.A. 83-1503.)
13 (820 ILCS 405/1705) (from Ch. 48, par. 615)
14 Sec. 1705. Employment offices; State employment service.
15 The Director shall create as many employment districts and
16 establish and maintain as many State employment offices as he
17 or she deems necessary to carry out the provisions of this
18 Act. In addition to such offices and branches, the Illinois
19 Public State Free Employment Offices now in existence and
20 such as may hereafter be created pursuant to the provisions
21 of the Public Employment Office Act "An Act relating to
22 employment offices and agencies", approved May 11, 1903, as
23 amended, shall also serve as employment offices within the
24 purview of this Act. All such offices and agencies so created
25 and established, together with the said Illinois Public Free
26 Employment offices, shall constitute the State employment
27 service within the meaning of this Act. The Department of
28 Employment Security and the Director thereof may continue to
29 be the State agency for cooperation with the United States
30 Employment Service under an Act of Congress entitled "An Act
31 to provide for the establishment of a national employment
32 system and for cooperation with the States in the promotion
33 of such system, and for other purposes," approved June 6,
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1 1933, as amended.
2 The Director may cooperate with or enter into agreements
3 with the Railroad Retirement Board with respect to the
4 establishment, maintenance, and use of free employment
5 service facilities. For the purpose of establishing and
6 maintaining free public employment offices, the Director is
7 authorized to enter into agreements with the Railroad
8 Retirement Board, or any other agency of the United States
9 charged with the administration of an unemployment
10 compensation law, or with any political subdivision of this
11 State, and as a part of any such agreement the Director may
12 accept moneys, services, or quarters as a contribution, to be
13 treated in the same manner as funds received pursuant to
14 Section 2103.
15 Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of the
16 general election law of the State, the Director shall make
17 unemployment offices available for use as temporary places of
18 registration. Registration within the offices shall be in
19 the most public, orderly, and convenient portions thereof,
20 and Sections 4-3, 5-3, and 11-4 of the general election law
21 relative to the attendance of police officers during the
22 conduct of registration shall apply. Registration under this
23 Section shall be made in the manner provided by Sections 4-8,
24 4-10, 5-7, 5-9, 6-34, 6-35, and 6-37 of the general election
25 law. Employees of the Department in those such offices are
26 eligible to serve as deputy registrars.
27 (Source: P.A. 83-1503.)
28 ARTICLE 10
29 Section 10-5. The Illinois Act on the Aging is amended
30 by changing Section 4.05 as follows:
31 (20 ILCS 105/4.05) (from Ch. 23, par. 6104.05)
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1 Sec. 4.05. Notwithstanding any other provision of this
2 Act to the contrary, the Department is authorized to limit
3 services, to reduce or adjust payment rates, and to modify
4 eligibility criteria as necessary to implement contingency
5 reserves under the Emergency Budget Act of Fiscal Year 1992,
6 to the extent permitted by federal law. Any such
7 modification, reduction or limitation shall expire on July 1,
8 1992.
9 The requirements contained in Section 4.02 for notice
10 prior to a change in eligibility criteria shall not apply to
11 eligibility determinations for benefits payable from fiscal
12 year 1992 appropriations.
13 This Section is repealed on July 1, 1998.
14 (Source: P.A. 87-838.)
15 Section 10-10. The Department of Mental Health and
16 Developmental Disabilities Act is amended by changing Section
17 18.1 as follows:
18 (20 ILCS 1705/18.1) (from Ch. 91 1/2, par. 100-18.1)
19 Sec. 18.1. Community Mental Health and Developmental
20 Disabilities Services Provider Participation Fee Trust Fund.
21 (a) Deposits by State Treasurer. The State Treasurer
22 shall deposit moneys received by him as ex-officio custodian
23 of the Community Mental Health and Developmental Disabilities
24 Services Provider Participation Fee Trust Fund in banks or
25 savings and loan associations that have been approved by him
26 as State Depositaries under the Deposit of State Moneys Act
27 and with respect to such money shall be entitled to the same
28 rights and privileges as are provided by that Act with
29 respect to moneys in the treasury of the State of Illinois.
30 Any funds paid by providers in accordance with subsection
31 (c) shall be deposited into the Community Mental Health and
32 Developmental Disabilities Services Provider Participation
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1 Fee Trust Fund.
2 Any funds paid by the federal government under Title XIX
3 of the Social Security Act to the State of Illinois for
4 services delivered by mental health or developmental
5 disabilities services community providers shall be deposited
6 into the Community Mental Health and Developmental
7 Disabilities Services Provider Participation Fee Trust Fund
8 if:
9 (1) the non-federal share is derived through
10 payment of fees by providers in accordance with
11 subsection (c); or
12 (2) the non-federal share is derived from local
13 government funds certification without regard to payment
14 of a fee by a provider.
15 (b) Definitions. As used in this Section:
16 "Fee" means a provider participation fee required to be
17 submitted by each applicable provider to the State according
18 to the process described in subsection (c). This fee is
19 imposed pursuant to the authority granted by Sections 1 and 2
20 of Article IX of the Illinois Constitution of 1970.
21 "Fee year" means the fiscal year beginning July 1 and
22 ending June 30 for which the fee amount applies.
23 "Fund" means the Community Mental Health and
24 Developmental Disabilities Services Provider Participation
25 Fee Trust Fund in the State Treasury which is hereby created.
26 Interest earned by the Fund shall be credited to the Fund.
27 "Local government funds certification" means the process
28 by which a unit of local government certifies the expenditure
29 of local government funds for the purchase of a community
30 mental health or developmental disabilities service for which
31 federal funds are available to the State on a matching basis
32 through Title XIX of the Social Security Act.
33 "Medicaid reimbursed service" means a service provided by
34 a provider under an agreement with the Department which is
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1 eligible for reimbursement from the federal Medicaid program
2 and which is subject to the fee process.
3 "Provider" means a community agency which is funded by
4 the Department to provide a Medicaid-reimbursed service.
5 (c) Payment of fees due. Each year the Department shall
6 calculate a fee which must be paid by the provider.
7 (1) Calculation of projected payments. The
8 Department shall determine the amount of the total gross
9 payment projected to be made by the Department during
10 that fiscal year to the provider for covered services.
11 The projected payment shall take into consideration the
12 unit rates for services, the prior year's units of
13 service billed by the provider, and any factors which
14 will influence a change in the number of units of service
15 to be billed during the fee year.
16 (A) Differential payment schedule. If a
17 provider's projected total gross payment for the fee
18 year exceeds by more than 20% the actual total gross
19 payment for the year prior to the fee year, the
20 Department shall establish a fee payment schedule
21 for that provider which reflects the increasing
22 payments projected for the fee year. This special
23 payment schedule shall require lesser fee payments
24 during the first quarter with gradually increasing
25 fee payments according to the projected growth in
26 Medicaid receipts.
27 (B) Adjustment of inaccurate projections. If
28 a provider's projected total gross payment for the
29 fee exceeds by more than 20% the actual total gross
30 payment for the year prior to the fee year, the
31 Department shall monitor the actual total gross
32 payments on a quarterly basis throughout the fee
33 year. If, at the end of any quarter, actual
34 payments for the fee year to date differ by more
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1 than 10% from projected payments, the Department
2 shall issue a revised fee amount to the provider.
3 If the actual payments exceed those projected, the
4 provider must submit the appropriate revised fee
5 amount within 30 days of the date the Department
6 sends the notification of the revised amount. If
7 the actual amounts are less than the projected
8 amounts, the Department must return to the provider
9 the appropriate share of overpaid fees, if any,
10 within 30 days of the determination of the
11 discrepancy.
12 (2) Multiplier. The Department shall multiply the
13 projected total gross payment by an amount of not more
14 than 15% to determine the fee amount.
15 (3) Notification. The Department shall notify each
16 provider in writing of the amount of the fee and the
17 required procedure for submitting the required payment.
18 (4) Provider submission of fee. Each applicable
19 provider must submit the specified fee in equal quarterly
20 amounts due on the first business date of each calendar
21 quarter.
22 (5) (A) Any provider that fails to pay the fee when
23 due, or pays less than the full amount due, shall be
24 required to pay a penalty of 10% of the delinquency
25 or deficiency for each month, or any fraction
26 thereof, computed on the full amount of the
27 delinquency or deficiency, from the time the fee was
28 due.
29 (B) In addition, the Illinois Department may
30 take action to notify the Office of the Comptroller
31 to collect any amount of monies owed under this
32 Section, pursuant to Section 10.05 of the State
33 Comptroller Act, or may suspend payments to, or
34 cancel or refuse to issue, extend, or reinstate a
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1 Provider Contract or Agreement to, any provider
2 which has failed to pay any delinquent fee or
3 penalty.
4 (6) Local government funds certification. If local
5 government funds are used as a source of a portion or the
6 entire fee amount, the provider may certify the planned
7 spending of these local funds for the specified services
8 in lieu of actual cash payment to the Fund. This
9 certification must be accompanied by a statement from
10 each local government funder stating the intent of that
11 funder to contribute the applicable portion of the fee
12 amount. If this certification process is used, the
13 provider must also submit to the Department by October 31
14 of the year following the fee year an annual audit
15 statement from a Certified Public Accountant firm
16 demonstrating that the local government funds were spent
17 for the intended service in the amounts required
18 according to the fee amount. If these local government
19 funds were not spent for the Medicaid service as
20 required, the provider must pay to the State the amount
21 of the fee which was not spent, plus a fine of 25% of the
22 amount of the fee not properly covered by the local
23 government funds certification process. This payment
24 must be submitted to the State Treasury by October 31 of
25 the year following the fee year.
26 (d) Use of the Fund.
27 (1) Revenue. The Fund may receive deposits from
28 the federal government in accordance with subsection (a)
29 and from provider fees in accordance with subsection (c).
30 (2) Protection from reduction. The moneys in the
31 Fund shall be exempt from any State budget reduction
32 Acts. The Fund shall not be used to replace any funds
33 otherwise appropriated to the Medicaid program by the
34 General Assembly.
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1 (3) Administration; Contingency reserve. Moneys
2 paid from the Fund shall be used first for payment of
3 administrative expenses incurred by the Department in
4 performing the activities authorized by this Section,
5 including payments of any amounts which are reimbursable
6 to the federal government for payments from this Fund
7 which are required to be paid by State warrant.
8 Disbursements from this Fund, other than transfers to the
9 General Obligation Bond Retirement and Interest Fund,
10 shall be by warrants drawn by the State Comptroller upon
11 receipt of vouchers duly executed and certified by the
12 Department. The Department may also establish a
13 contingency reserve of no more than 3% of the total
14 moneys collected in any one year.
15 (4) (Blank). Expenditures. Moneys in the Fund may
16 be used for making transfers to the General Obligation
17 Bond Retirement and Interest Fund before October 1, 1992,
18 as those transfers are authorized in the proceedings
19 authorizing debt under the Short Term Borrowing Act.
20 These transfers shall not exceed the principal amount of
21 debt issued in anticipation of the receipt by the State
22 of moneys to be deposited into the Fund.
23 After paying the necessary administrative expenses
24 and providing for a contingency, the Department shall
25 spend the remaining moneys in the Fund to reimburse
26 providers for providing Medicaid services.
27 (A) In the aggregate, providers are entitled
28 to a return of the entire amount required plus the
29 federal matching portion less administrative
30 expenses and less the allowed 3% contingency
31 reserve, based on fees paid before October 1, 1992.
32 No provider will receive back less than the amount
33 required as a fee, for fees paid before October 1,
34 1992.
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1 (B) The Department shall maintain records that
2 show the amount of money that has been paid by each
3 provider into the Fund and the amount of money that
4 has been paid from the Fund to each provider.
5 (5) Audit. The Department shall conduct an annual
6 audit of the Fund to determine that amounts received from
7 or paid to providers were correct. If a unit of local
8 government certified non-federal funds, the provider must
9 submit to the Department within 120 days after the end of
10 the fiscal year an annual audit statement from a
11 certified public accountant firm demonstrating that the
12 local government funds were spent for the intended
13 service in the amounts required. If an audit identifies
14 amounts that a provider should have been required to pay
15 and did not pay, a provider should not have been required
16 to pay but did pay, a provider should not have received
17 but did receive, or a provider should have received but
18 did not receive, the Department shall:
19 (A) Make the corrected payments to the
20 provider;
21 (B) Correct the fee amount and any related
22 fines; or
23 (C) Take action to recover required amounts
24 from the provider.
25 (e) Applicability contingent on federal funds. The
26 requirements of subsection (c) shall apply only as long as
27 federal funds under the Medicaid Program are provided for the
28 purposes of this Section and only as long as reimbursable
29 expenditures are matched at the federal Medicaid percentage
30 of at least 50%. Whenever the Department is informed that
31 federal funds are not to be provided for these purposes or
32 are provided at a lower percentage, the Department shall
33 promptly refund to each provider the amount of money
34 deposited by each provider, minus payments made from fee
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1 funds to the provider, minus the proportionate share of funds
2 spent for administration, plus the proportionate share of any
3 investment earnings. In no event shall the Department
4 calculate a fee or require the payment of a fee for any
5 quarter beginning on or after October 1, 1992.
6 (f) The Department may promulgate rules and regulations
7 to implement this Section. For the purposes of the Illinois
8 Administrative Procedure Act, the adoption or amendment of
9 rules to implement this amendatory Act of 1991 shall be
10 deemed an emergency and necessary for the public interest,
11 safety and welfare.
12 (Source: P.A. 89-626, eff. 8-9-96.)
13 Section 10-15. The Military Code of Illinois is amended
14 by changing Section 22-7 as follows:
15 (20 ILCS 1805/22-7) (from Ch. 129, par. 220.22-7)
16 Sec. 22-7. Transfers from the Illinois National Guard
17 Armory Construction Fund. In addition to any other permitted
18 use of moneys in the Fund, and notwithstanding Sections 22-3
19 and 22-6 and any other restriction on the use of the Fund,
20 moneys in the Illinois National Guard Armory Construction
21 Fund may be transferred to the General Revenue Fund as
22 authorized by this amendatory Act of 1992. The General
23 Assembly finds that an excess of moneys exists in the Fund.
24 On February 1, 1992, the Comptroller shall order transferred
25 and the Treasurer shall transfer $1,000,000 (or such lesser
26 amount as may be on deposit in the Fund and unexpended and
27 unobligated on that date) from the Fund to the General
28 Revenue Fund.
29 This Section is repealed on July 1, 1998.
30 (Source: P.A. 87-838.)
31 Section 10-20. The Civil Administrative Code of Illinois
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1 is amended by changing Section 55a as follows:
2 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
3 Sec. 55a. (A) The Department of State Police shall have
4 the following powers and duties, and those set forth in
5 Sections 55a-1 through 55c:
6 1. To exercise the rights, powers and duties which have
7 been vested in the Department of Public Safety by the State
8 Police Act.
9 2. To exercise the rights, powers and duties which have
10 been vested in the Department of Public Safety by the State
11 Police Radio Act.
12 3. To exercise the rights, powers and duties which have
13 been vested in the Department of Public Safety by the
14 Criminal Identification Act.
15 4. To (a) investigate the origins, activities, personnel
16 and incidents of crime and the ways and means to redress the
17 victims of crimes, and study the impact, if any, of
18 legislation relative to the effusion of crime and growing
19 crime rates, and enforce the criminal laws of this State
20 related thereto, (b) enforce all laws regulating the
21 production, sale, prescribing, manufacturing, administering,
22 transporting, having in possession, dispensing, delivering,
23 distributing, or use of controlled substances and cannabis,
24 (c) employ skilled experts, scientists, technicians,
25 investigators or otherwise specially qualified persons to aid
26 in preventing or detecting crime, apprehending criminals, or
27 preparing and presenting evidence of violations of the
28 criminal laws of the State, (d) cooperate with the police of
29 cities, villages and incorporated towns, and with the police
30 officers of any county, in enforcing the laws of the State
31 and in making arrests and recovering property, (e) apprehend
32 and deliver up any person charged in this State or any other
33 State of the United States with treason, felony, or other
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1 crime, who has fled from justice and is found in this State,
2 and (f) conduct such other investigations as may be provided
3 by law. Persons exercising these powers within the Department
4 are conservators of the peace and as such have all the powers
5 possessed by policemen in cities and sheriffs, except that
6 they may exercise such powers anywhere in the State in
7 cooperation with and after contact with the local law
8 enforcement officials. Such persons may use false or
9 fictitious names in the performance of their duties under
10 this paragraph, upon approval of the Director, and shall not
11 be subject to prosecution under the criminal laws for such
12 use.
13 5. To: (a) be a central repository and custodian of
14 criminal statistics for the State, (b) be a central
15 repository for criminal history record information, (c)
16 procure and file for record such information as is necessary
17 and helpful to plan programs of crime prevention, law
18 enforcement and criminal justice, (d) procure and file for
19 record such copies of fingerprints, as may be required by
20 law, (e) establish general and field crime laboratories, (f)
21 register and file for record such information as may be
22 required by law for the issuance of firearm owner's
23 identification cards, (g) employ polygraph operators,
24 laboratory technicians and other specially qualified persons
25 to aid in the identification of criminal activity, and (h)
26 undertake such other identification, information, laboratory,
27 statistical or registration activities as may be required by
28 law.
29 6. To (a) acquire and operate one or more radio
30 broadcasting stations in the State to be used for police
31 purposes, (b) operate a statewide communications network to
32 gather and disseminate information for law enforcement
33 agencies, (c) operate an electronic data processing and
34 computer center for the storage and retrieval of data
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1 pertaining to criminal activity, and (d) undertake such other
2 communication activities as may be required by law.
3 7. To provide, as may be required by law, assistance to
4 local law enforcement agencies through (a) training,
5 management and consultant services for local law enforcement
6 agencies, and (b) the pursuit of research and the publication
7 of studies pertaining to local law enforcement activities.
8 8. To exercise the rights, powers and duties which have
9 been vested in the Department of State Police and the
10 Director of the Department of State Police by the Narcotic
11 Control Division Abolition Act.
12 9. To exercise the rights, powers and duties which have
13 been vested in the Department of Public Safety by the
14 Illinois Vehicle Code.
15 10. To exercise the rights, powers and duties which have
16 been vested in the Department of Public Safety by the Firearm
17 Owners Identification Card Act.
18 11. To enforce and administer such other laws in
19 relation to law enforcement as may be vested in the
20 Department.
21 12. To transfer jurisdiction of any realty title to
22 which is held by the State of Illinois under the control of
23 the Department to any other department of the State
24 government or to the State Employees Housing Commission, or
25 to acquire or accept Federal land, when such transfer,
26 acquisition or acceptance is advantageous to the State and is
27 approved in writing by the Governor.
28 13. With the written approval of the Governor, to enter
29 into agreements with other departments created by this Act,
30 for the furlough of inmates of the penitentiary to such other
31 departments for their use in research programs being
32 conducted by them.
33 For the purpose of participating in such research
34 projects, the Department may extend the limits of any
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1 inmate's place of confinement, when there is reasonable cause
2 to believe that the inmate will honor his or her trust by
3 authorizing the inmate, under prescribed conditions, to leave
4 the confines of the place unaccompanied by a custodial agent
5 of the Department. The Department shall make rules governing
6 the transfer of the inmate to the requesting other department
7 having the approved research project, and the return of such
8 inmate to the unextended confines of the penitentiary. Such
9 transfer shall be made only with the consent of the inmate.
10 The willful failure of a prisoner to remain within the
11 extended limits of his or her confinement or to return within
12 the time or manner prescribed to the place of confinement
13 designated by the Department in granting such extension shall
14 be deemed an escape from custody of the Department and
15 punishable as provided in Section 3-6-4 of the Unified Code
16 of Corrections.
17 14. To provide investigative services, with all of the
18 powers possessed by policemen in cities and sheriffs, in and
19 around all race tracks subject to the Horse Racing Act of
20 1975.
21 15. To expend such sums as the Director deems necessary
22 from Contractual Services appropriations for the Division of
23 Criminal Investigation for the purchase of evidence and for
24 the employment of persons to obtain evidence. Such sums shall
25 be advanced to agents authorized by the Director to expend
26 funds, on vouchers signed by the Director.
27 16. To assist victims and witnesses in gang crime
28 prosecutions through the administration of funds appropriated
29 from the Gang Violence Victims and Witnesses Fund to the
30 Department. Such funds shall be appropriated to the
31 Department and shall only be used to assist victims and
32 witnesses in gang crime prosecutions and such assistance may
33 include any of the following:
34 (a) temporary living costs;
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1 (b) moving expenses;
2 (c) closing costs on the sale of private residence;
3 (d) first month's rent;
4 (e) security deposits;
5 (f) apartment location assistance;
6 (g) other expenses which the Department considers
7 appropriate; and
8 (h) compensation for any loss of or injury to real
9 or personal property resulting from a gang crime to a
10 maximum of $5,000, subject to the following provisions:
11 (1) in the case of loss of property, the
12 amount of compensation shall be measured by the
13 replacement cost of similar or like property which
14 has been incurred by and which is substantiated by
15 the property owner,
16 (2) in the case of injury to property, the
17 amount of compensation shall be measured by the cost
18 of repair incurred and which can be substantiated by
19 the property owner,
20 (3) compensation under this provision is a
21 secondary source of compensation and shall be
22 reduced by any amount the property owner receives
23 from any other source as compensation for the loss
24 or injury, including, but not limited to, personal
25 insurance coverage,
26 (4) no compensation may be awarded if the
27 property owner was an offender or an accomplice of
28 the offender, or if the award would unjustly benefit
29 the offender or offenders, or an accomplice of the
30 offender or offenders.
31 No victim or witness may receive such assistance if he or
32 she is not a part of or fails to fully cooperate in the
33 prosecution of gang crime members by law enforcement
34 authorities.
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1 The Department shall promulgate any rules necessary for
2 the implementation of this amendatory Act of 1985.
3 17. To conduct arson investigations.
4 18. To develop a separate statewide statistical police
5 contact record keeping system for the study of juvenile
6 delinquency. The records of this police contact system shall
7 be limited to statistical information. No individually
8 identifiable information shall be maintained in the police
9 contact statistical record system.
10 19. To develop a separate statewide central adjudicatory
11 and dispositional records system for persons under 19 years
12 of age who have been adjudicated delinquent minors and to
13 make information available to local registered participating
14 police youth officers so that police youth officers will be
15 able to obtain rapid access to the juvenile's background from
16 other jurisdictions to the end that the police youth officers
17 can make appropriate dispositions which will best serve the
18 interest of the child and the community. Information
19 maintained in the adjudicatory and dispositional record
20 system shall be limited to the incidents or offenses for
21 which the minor was adjudicated delinquent by a court, and a
22 copy of the court's dispositional order. All individually
23 identifiable records in the adjudicatory and dispositional
24 records system shall be destroyed when the person reaches 19
25 years of age.
26 20. To develop rules which guarantee the confidentiality
27 of such individually identifiable adjudicatory and
28 dispositional records except when used for the following:
29 (a) by authorized juvenile court personnel or the
30 State's Attorney in connection with proceedings under the
31 Juvenile Court Act of 1987; or
32 (b) inquiries from registered police youth
33 officers.
34 For the purposes of this Act "police youth officer" means
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1 a member of a duly organized State, county or municipal
2 police force who is assigned by his or her Superintendent,
3 Sheriff or chief of police, as the case may be, to specialize
4 in youth problems.
5 21. To develop administrative rules and administrative
6 hearing procedures which allow a minor, his or her attorney,
7 and his or her parents or guardian access to individually
8 identifiable adjudicatory and dispositional records for the
9 purpose of determining or challenging the accuracy of the
10 records. Final administrative decisions shall be subject to
11 the provisions of the Administrative Review Law.
12 22. To charge, collect, and receive fees or moneys
13 equivalent to the cost of providing Department of State
14 Police personnel, equipment, and services to local
15 governmental agencies when explicitly requested by a local
16 governmental agency and pursuant to an intergovernmental
17 agreement as provided by this Section, other State agencies,
18 and federal agencies, including but not limited to fees or
19 moneys equivalent to the cost of providing dispatching
20 services, radio and radar repair, and training to local
21 governmental agencies on such terms and conditions as in the
22 judgment of the Director are in the best interest of the
23 State; and to establish, charge, collect and receive fees or
24 moneys based on the cost of providing responses to requests
25 for criminal history record information pursuant to positive
26 identification and any Illinois or federal law authorizing
27 access to some aspect of such information and to prescribe
28 the form and manner for requesting and furnishing such
29 information to the requestor on such terms and conditions as
30 in the judgment of the Director are in the best interest of
31 the State, provided fees for requesting and furnishing
32 criminal history record information may be waived for
33 requests in the due administration of the criminal laws. The
34 Department may also charge, collect and receive fees or
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1 moneys equivalent to the cost of providing electronic data
2 processing lines or related telecommunication services to
3 local governments, but only when such services can be
4 provided by the Department at a cost less than that
5 experienced by said local governments through other means.
6 All services provided by the Department shall be conducted
7 pursuant to contracts in accordance with the
8 Intergovernmental Cooperation Act, and all telecommunication
9 services shall be provided pursuant to the provisions of
10 Section 67.18 of this Code.
11 All fees received by the Department of State Police under
12 this Act or the Illinois Uniform Conviction Information Act
13 shall be deposited in a special fund in the State Treasury to
14 be known as the State Police Services Fund. The money
15 deposited in the State Police Services Fund shall be
16 appropriated to the Department of State Police for expenses
17 of the Department of State Police.
18 In addition to any other permitted use of moneys in the
19 Fund, and notwithstanding any restriction on the use of the
20 Fund, moneys in the State Police Services Fund may be
21 transferred to the General Revenue Fund as authorized by this
22 amendatory Act of 1992. The General Assembly finds that an
23 excess of moneys exists in the Fund. On February 1, 1992,
24 the Comptroller shall order transferred and the Treasurer
25 shall transfer $500,000 (or such lesser amount as may be on
26 deposit in the Fund and unexpended and unobligated on that
27 date) from the Fund to the General Revenue Fund.
28 Upon the completion of any audit of the Department of
29 State Police as prescribed by the Illinois State Auditing
30 Act, which audit includes an audit of the State Police
31 Services Fund, the Department of State Police shall make the
32 audit open to inspection by any interested person.
33 23. To exercise the powers and perform the duties which
34 have been vested in the Department of State Police by the
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1 Intergovernmental Missing Child Recovery Act of 1984, and to
2 establish reasonable rules and regulations necessitated
3 thereby.
4 24. (a) To establish and maintain a statewide Law
5 Enforcement Agencies Data System (LEADS) for the purpose of
6 effecting an immediate law enforcement response to reports of
7 missing persons, including lost, missing or runaway minors.
8 The Department shall implement an automatic data exchange
9 system to compile, to maintain and to make available to other
10 law enforcement agencies for immediate dissemination data
11 which can assist appropriate agencies in recovering missing
12 persons.
13 (b) In exercising its duties under this subsection, the
14 Department shall:
15 (1) provide a uniform reporting format for the
16 entry of pertinent information regarding the report of a
17 missing person into LEADS;
18 (2) develop and implement a policy whereby a
19 statewide or regional alert would be used in situations
20 relating to the disappearances of individuals, based on
21 criteria and in a format established by the Department.
22 Such a format shall include, but not be limited to, the
23 age of the missing person and the suspected circumstance
24 of the disappearance;
25 (3) notify all law enforcement agencies that
26 reports of missing persons shall be entered as soon as
27 the minimum level of data specified by the Department is
28 available to the reporting agency, and that no waiting
29 period for the entry of such data exists;
30 (4) compile and retain information regarding lost,
31 abducted, missing or runaway minors in a separate data
32 file, in a manner that allows such information to be used
33 by law enforcement and other agencies deemed appropriate
34 by the Director, for investigative purposes. Such
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1 information shall include the disposition of all reported
2 lost, abducted, missing or runaway minor cases;
3 (5) compile and maintain an historic data
4 repository relating to lost, abducted, missing or runaway
5 minors and other missing persons in order to develop and
6 improve techniques utilized by law enforcement agencies
7 when responding to reports of missing persons; and
8 (6) create a quality control program regarding
9 confirmation of missing person data, timeliness of
10 entries of missing person reports into LEADS and
11 performance audits of all entering agencies.
12 25. On request of a school board or regional
13 superintendent of schools, to conduct an inquiry pursuant to
14 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
15 an applicant for employment in a school district has been
16 convicted of any criminal or drug offenses enumerated in
17 Section 10-21.9 or 34-18.5 of the School Code. The
18 Department shall furnish such conviction information to the
19 President of the school board of the school district which
20 has requested the information, or if the information was
21 requested by the regional superintendent to that regional
22 superintendent.
23 26. To promulgate rules and regulations necessary for
24 the administration and enforcement of its powers and duties,
25 wherever granted and imposed, pursuant to the Illinois
26 Administrative Procedure Act.
27 27. To (a) promulgate rules pertaining to the
28 certification, revocation of certification and training of
29 law enforcement officers as electronic criminal surveillance
30 officers, (b) provide training and technical assistance to
31 State's Attorneys and local law enforcement agencies
32 pertaining to the interception of private oral
33 communications, (c) promulgate rules necessary for the
34 administration of Article 108B of the Code of Criminal
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1 Procedure of 1963, including but not limited to standards for
2 recording and minimization of electronic criminal
3 surveillance intercepts, documentation required to be
4 maintained during an intercept, procedures in relation to
5 evidence developed by an intercept, and (d) charge a
6 reasonable fee to each law enforcement agency that sends
7 officers to receive training as electronic criminal
8 surveillance officers.
9 28. Upon the request of any private organization which
10 devotes a major portion of its time to the provision of
11 recreational, social, educational or child safety services to
12 children, to conduct, pursuant to positive identification,
13 criminal background investigations of all of that
14 organization's current employees, current volunteers,
15 prospective employees or prospective volunteers charged with
16 the care and custody of children during the provision of the
17 organization's services, and to report to the requesting
18 organization any record of convictions maintained in the
19 Department's files about such persons. The Department shall
20 charge an application fee, based on actual costs, for the
21 dissemination of conviction information pursuant to this
22 subsection. The Department is empowered to establish this
23 fee and shall prescribe the form and manner for requesting
24 and furnishing conviction information pursuant to this
25 subsection. Information received by the organization from the
26 Department concerning an individual shall be provided to such
27 individual. Any such information obtained by the
28 organization shall be confidential and may not be transmitted
29 outside the organization and may not be transmitted to anyone
30 within the organization except as needed for the purpose of
31 evaluating the individual. Only information and standards
32 which bear a reasonable and rational relation to the
33 performance of child care shall be used by the organization.
34 Any employee of the Department or any member, employee or
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1 volunteer of the organization receiving confidential
2 information under this subsection who gives or causes to be
3 given any confidential information concerning any criminal
4 convictions of an individual shall be guilty of a Class A
5 misdemeanor unless release of such information is authorized
6 by this subsection.
7 29. Upon the request of the Department of Children and
8 Family Services, to investigate reports of child abuse or
9 neglect.
10 30. To obtain registration of a fictitious vital record
11 pursuant to Section 15.1 of the Vital Records Act.
12 31. To collect and disseminate information relating to
13 "hate crimes" as defined under Section 12-7.1 of the Criminal
14 Code of 1961 contingent upon the availability of State or
15 Federal funds to revise and upgrade the Illinois Uniform
16 Crime Reporting System. All law enforcement agencies shall
17 report monthly to the Department of State Police concerning
18 such offenses in such form and in such manner as may be
19 prescribed by rules and regulations adopted by the Department
20 of State Police. Such information shall be compiled by the
21 Department and be disseminated upon request to any local law
22 enforcement agency, unit of local government, or state
23 agency. Dissemination of such information shall be subject
24 to all confidentiality requirements otherwise imposed by law.
25 The Department of State Police shall provide training for
26 State Police officers in identifying, responding to, and
27 reporting all hate crimes. The Illinois Local Governmental
28 Law Enforcement Officer's Training Board shall develop and
29 certify a course of such training to be made available to
30 local law enforcement officers.
31 32. Upon the request of a private carrier company that
32 provides transportation under Section 28b of the Metropolitan
33 Transit Authority Act, to ascertain if an applicant for a
34 driver position has been convicted of any criminal or drug
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1 offense enumerated in Section 28b of the Metropolitan Transit
2 Authority Act. The Department shall furnish the conviction
3 information to the private carrier company that requested the
4 information.
5 33. To apply for grants or contracts, receive, expend,
6 allocate, or disburse funds and moneys made available by
7 public or private entities, including, but not limited to,
8 contracts, bequests, grants, or receiving equipment from
9 corporations, foundations, or public or private institutions
10 of higher learning. All funds received by the Department
11 from these sources shall be deposited into the appropriate
12 fund in the State Treasury to be appropriated to the
13 Department for purposes as indicated by the grantor or
14 contractor or, in the case of funds or moneys bequeathed or
15 granted for no specific purpose, for any purpose as deemed
16 appropriate by the Director in administering the
17 responsibilities of the Department.
18 34. Upon the request of the Department of Children and
19 Family Services, the Department of State Police shall provide
20 properly designated employees of the Department of Children
21 and Family Services with criminal history record information
22 as defined in the Illinois Uniform Conviction Information Act
23 and information maintained in the adjudicatory and
24 dispositional record system as defined in subdivision (A)19
25 of this Section if the Department of Children and Family
26 Services determines the information is necessary to perform
27 its duties under the Abused and Neglected Child Reporting
28 Act, the Child Care Act of 1969, and the Children and Family
29 Services Act. The request shall be in the form and manner
30 specified by the Department of State Police.
31 (B) The Department of State Police may establish and
32 maintain, within the Department of State Police, a Statewide
33 Organized Criminal Gang Database (SWORD) for the purpose of
34 tracking organized criminal gangs and their memberships.
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1 Information in the database may include, but not be limited
2 to, the name, last known address, birth date, physical
3 descriptions (such as scars, marks, or tattoos), officer
4 safety information, organized gang affiliation, and entering
5 agency identifier. The Department may develop, in
6 consultation with the Criminal Justice Information Authority,
7 and in a form and manner prescribed by the Department, an
8 automated data exchange system to compile, to maintain, and
9 to make this information electronically available to
10 prosecutors and to other law enforcement agencies. The
11 information may be used by authorized agencies to combat the
12 operations of organized criminal gangs statewide.
13 (C) The Department of State Police may ascertain the
14 number of bilingual police officers and other personnel
15 needed to provide services in a language other than English
16 and may establish, under applicable personnel rules and
17 Department guidelines or through a collective bargaining
18 agreement, a bilingual pay supplement program.
19 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
20 Section 10-30. The State Finance Act is amended by
21 changing Sections 5, 6, 6z-11, 8.8b, 8.20, 8.25, 8c, 8d, and
22 10 as follows:
23 (30 ILCS 105/5) (from Ch. 127, par. 141)
24 Sec. 5. Special funds.
25 (a) There are special funds in the State Treasury
26 designated as specified in the Sections which succeed this
27 Section 5 and precede Section 6.
28 (b) Except as provided in the Illinois Motor Vehicle
29 Theft Prevention Act, when any special fund in the State
30 Treasury is discontinued by an Act of the General Assembly,
31 any balance remaining therein on the effective date of such
32 Act shall be transferred to the General Revenue Fund, or to
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1 such other fund as such Act shall provide. Warrants
2 outstanding against such discontinued fund at the time of the
3 transfer of any such balance therein shall be paid out of the
4 fund to which the transfer was made.
5 (c) When any special fund in the State Treasury has been
6 inactive for 18 months or longer, the fund is automatically
7 terminated by operation of law and the balance remaining in
8 such fund shall be transferred by the Comptroller to the
9 General Revenue Fund. When a special fund has been
10 terminated by operation of law as provided in this Section,
11 the General Assembly shall repeal or amend all Sections of
12 the statutes creating or otherwise referring to that fund.
13 The Comptroller shall be allowed the discretion to
14 maintain or dissolve any federal trust fund which has been
15 inactive for 18 months or longer.
16 (d) (Blank). Until July 1, 1992, the Governor may direct
17 the Comptroller and the Treasurer to transfer monies from any
18 special fund in the State Treasury created prior to July 1,
19 1991 to the General Revenue Fund, notwithstanding any
20 limitation on the use of monies in the special fund that may
21 be imposed by this Act or by any other Act. The amounts
22 transferred under this subsection (d) may not exceed a total
23 of $50,000,000.
24 (e) (Blank). Pursuant to the General Assembly's findings
25 in the Emergency Budget Act of Fiscal Year 1992 that an
26 excess exists or has existed in certain specified special
27 funds, the Comptroller and Treasurer shall have the authority
28 to transfer into the General Revenue Fund from each of those
29 special funds the amount specified in those findings.
30 (Source: P.A. 86-1408; 87-14; 87-838.)
31 (30 ILCS 105/6) (from Ch. 127, par. 142)
32 Sec. 6. The gross or total proceeds, receipts and income
33 of all lands leased by the Department of Corrections and of
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1 all industrial operations at the several State institutions
2 and divisions under the direction and supervision of the
3 Department of Corrections shall be covered into the State
4 treasury into a state trust fund to be known as "The Working
5 Capital Revolving Fund". "Industrial operations", as herein
6 used, means and includes the operation of those State
7 institutions producing, by the use of materials, supplies and
8 labor, goods, or wares or merchandise to be sold.
9 In addition to any other permitted use of moneys in the
10 Fund, and notwithstanding any restriction on the use of the
11 Fund, moneys in the Working Capital Revolving Fund may be
12 transferred to the General Revenue Fund as authorized by this
13 amendatory Act of 1992. The General Assembly finds that an
14 excess of moneys exists in the Fund. On February 1, 1992,
15 the Comptroller shall order transferred and the Treasurer
16 shall transfer $1,500,000 (or such lesser amount as may be on
17 deposit in the Fund and unexpended and unobligated on that
18 date) from the Fund to the General Revenue Fund.
19 (Source: P.A. 87-838.)
20 (30 ILCS 105/6z-11) (from Ch. 127, par. 142z-11)
21 Sec. 6z-11. All moneys received by the Illinois Bank
22 Examiners' Education Foundation pursuant to subsection (11)
23 of Section 48 of the Illinois Banking Act shall be deposited
24 into a special fund known as the Illinois Bank Examiners'
25 Education Fund, which is hereby created in the State
26 Treasury, or deposited into an account maintained in a
27 commercial bank or corporate fiduciary in the name of the
28 Illinois Bank Examiners' Education Foundation pursuant to the
29 order and direction of the Board of Trustees of the Illinois
30 Bank Examiners' Education Foundation. The Board of Trustees
31 of the Illinois Bank Examiners' Education Foundation shall
32 determine whether the Treasurer of the State of Illinois
33 shall invest those moneys in the Public Treasurers'
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1 Investment Pool or in any other investment he is authorized
2 to make, whether the Illinois State Board of Investment shall
3 invest those moneys, or whether the moneys shall be placed on
4 deposit at a commercial bank or corporate fiduciary. All
5 interest or income earned on monies in Illinois Bank
6 Examiners' Education Fund shall be deposited in the Fund.
7 Moneys in the Illinois Bank Examiners' Education Fund may
8 be expended, subject to appropriation, or, if maintained on
9 deposit at a commercial bank or corporate fiduciary, upon the
10 order of the Board of Trustees of the Illinois Bank
11 Examiners' Education Foundation, drawn by the treasurer of
12 the Board of Trustees and countersigned by the secretary of
13 the Board of Trustees for the payment of expenses of the
14 Board of Trustees of the Illinois Bank Examiners' Education
15 Foundation, administrative expenses of the Illinois Bank
16 Examiners' Education Program, and expenses of the Illinois
17 Bank Examiners' Education Program.
18 Whenever funds retained by the Illinois Bank Examiners'
19 Education Foundation in its own treasury are deposited with a
20 commercial bank or corporate fiduciary and the amount of the
21 deposit exceeds the amount of federal deposit insurance
22 coverage, a bond or pledged securities shall be obtained.
23 Only the types of securities that the State Treasurer may, in
24 his discretion, accept for amounts not insured by the Federal
25 Deposit Insurance Corporation under Section 11 of the Deposit
26 of State Moneys Act may be accepted as pledged securities.
27 The market value of the bond or pledged securities shall at
28 all times be equal to or greater than the uninsured portion
29 of the deposit.
30 The Auditor General shall audit or cause to be audited
31 the above items of income and all other income and
32 expenditures of this Fund.
33 In addition to any other permitted use of moneys in the
34 Fund, and notwithstanding any restriction on the use of the
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1 Fund, moneys in the Illinois Bank Examiners' Education Fund
2 may be transferred to the General Revenue Fund as authorized
3 by this amendatory Act of 1992. The General Assembly finds
4 that an excess of moneys exists in the Fund. On February 1,
5 1992, the Comptroller shall order transferred and the
6 Treasurer shall transfer $500,000 (or such lesser amount as
7 may be on deposit in the Fund and unexpended and unobligated
8 on that date) from the Fund to the General Revenue Fund.
9 (Source: P.A. 87-838; 87-1038.)
10 (30 ILCS 105/8.8b) (from Ch. 127, par. 144.8b)
11 Sec. 8.8b. Transfers from Grade Crossing Protection Fund.
12 In addition to any other permitted use of moneys in the Fund,
13 and notwithstanding any restriction on the use of the Fund,
14 moneys in the Grade Crossing Protection Fund may be
15 transferred to the General Revenue Fund as authorized by
16 Public Act 87-14. The General Assembly finds that an excess
17 of moneys existed in the Fund on July 30, 1991, and the
18 Governor's order of July 30, 1991, requesting the Comptroller
19 and Treasurer to transfer an amount from the Fund to the
20 General Revenue Fund is hereby validated.
21 In addition to any other permitted use of moneys in the
22 Fund, and notwithstanding any restriction on the use of the
23 Fund, moneys in the Grade Crossing Protection Fund may be
24 transferred to the General Revenue Fund as authorized by this
25 amendatory Act of 1992. The General Assembly finds that an
26 excess of moneys exists in the Fund. On February 1, 1992,
27 the Comptroller shall order transferred and the Treasurer
28 shall transfer $1,000,000 (or such lesser amount as may be on
29 deposit in the Fund and unexpended and unobligated on that
30 date) from the Fund to the General Revenue Fund.
31 (Source: P.A. 87-838.)
32 (30 ILCS 105/8.20) (from Ch. 127, par. 144.20)
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1 Sec. 8.20. Appropriations for the ordinary and
2 contingent expenses of the Illinois Liquor Control Commission
3 shall be paid from the Dram Shop Fund. On August 30 of each
4 fiscal year's license period, an amount of money equal to the
5 number of retail liquor licenses issued for that fiscal year
6 multiplied by $50 shall be transferred from the Dram Shop
7 Fund and shall be deposited in the Youth Alcoholism and
8 Substance Abuse Prevention Fund. Beginning June 30, 1990 and
9 on June 30 of each subsequent year, any balance over
10 $5,000,000 remaining in the Dram Shop Fund shall be credited
11 to State liquor licensees and applied against their fees for
12 State liquor licenses for the following year. The amount
13 credited to each licensee shall be a proportion of the
14 balance in the Dram Shop Fund that is the same as the
15 proportion of the license fee paid by the licensee under
16 Section 5-3 of The Liquor Control Act of 1934, as now or
17 hereafter amended, for the period in which the balance was
18 accumulated to the aggregate fees paid by all licensees
19 during that period.
20 In addition to any other permitted use of moneys in the
21 Fund, and notwithstanding any restriction on the use of the
22 Fund, moneys in the Dram Shop Fund may be transferred to the
23 General Revenue Fund as authorized by Public Act 87-14. The
24 General Assembly finds that an excess of moneys existed in
25 the Fund on July 30, 1991, and the Governor's order of July
26 30, 1991, requesting the Comptroller and Treasurer to
27 transfer an amount from the Fund to the General Revenue Fund
28 is hereby validated.
29 In addition to any other permitted use of moneys in the
30 Fund, and notwithstanding any restriction on the use of the
31 Fund, moneys in the Dram Shop Fund may be transferred to the
32 General Revenue Fund as authorized by this amendatory Act of
33 1992. The General Assembly finds that an excess of moneys
34 exists in the Fund. On February 1, 1992, the Comptroller
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1 shall order transferred and the Treasurer shall transfer
2 $750,000 (or such lesser amount as may be on deposit in the
3 Fund and unexpended and unobligated on that date) from the
4 Fund to the General Revenue Fund.
5 (Source: P.A. 86-653; 86-983; 86-1028; 87-838.)
6 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
7 Sec. 8.25. Build Illinois Fund; uses.
8 (A) All moneys in the Build Illinois Fund shall be
9 transferred, appropriated, and used only for the purposes
10 authorized by and subject to the limitations and conditions
11 prescribed by this Section. There are established the
12 following accounts in the Build Illinois Fund: the McCormick
13 Place Account, the Build Illinois Bond Account, the Build
14 Illinois Purposes Account, the Park and Conservation Fund
15 Account, and the Tourism Advertising and Promotion Account.
16 Amounts deposited into the Build Illinois Fund consisting of
17 1.55% before July 1, 1986, and 1.75% on and after July 1,
18 1986, of moneys received by the Department of Revenue under
19 Section 9 of the Use Tax Act, Section 9 of the Service Use
20 Tax Act, Section 9 of the Service Occupation Tax Act, and
21 Section 3 of the Retailers' Occupation Tax Act, and all
22 amounts deposited therein under Section 28 of the Illinois
23 Horse Racing Act of 1975, Section 4.05 of the Chicago World's
24 Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel
25 Operators' Occupation Tax Act, shall be credited initially to
26 the McCormick Place Account and all other amounts deposited
27 into the Build Illinois Fund shall be credited initially to
28 the Build Illinois Bond Account. Of the amounts initially so
29 credited to the McCormick Place Account in each month, the
30 amount that is to be transferred in that month to the
31 Metropolitan Fair and Exposition Authority Improvement Bond
32 Fund, as provided below, shall remain credited to the
33 McCormick Place Account, and all amounts initially so
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1 credited in that month in excess thereof shall next be
2 credited to the Build Illinois Bond Account. Of the amounts
3 credited to the Build Illinois Bond Account in each month,
4 the amount that is to be transferred in that month to the
5 Build Illinois Bond Retirement and Interest Fund, as provided
6 below, shall remain credited to the Build Illinois Bond
7 Account, and all amounts so credited in each month in excess
8 thereof shall next be credited monthly to the other accounts
9 in the following order of priority: first, to the Build
10 Illinois Purposes Account, (a) 1/12, or in the case of fiscal
11 year 1986, 1/9, of the fiscal year amounts authorized to be
12 transferred to the Build Illinois Purposes Fund as provided
13 below plus (b) any cumulative deficiency in those transfers
14 for prior months; second, 1/12 of $10,000,000, plus any
15 cumulative deficiency in those transfers for prior months, to
16 the Park and Conservation Fund Account; third, to the Tourism
17 Advertising and Promotion Account, an amount equal to (a) the
18 greater of 1/12 of $10,000,000 or 1/12 of the amount of the
19 fiscal year appropriation to the Department of Commerce and
20 Community Affairs, plus (b) any cumulative deficiency in
21 those transfers for prior months, to advertise and promote
22 tourism throughout Illinois under subsection (2) of Section
23 4a of the Illinois Promotion Act; and fourth, to the General
24 Revenue Fund in the State Treasury all amounts that remain in
25 the Build Illinois Fund on the last day of each month and are
26 not credited to any account in that Fund.
27 Transfers from the McCormick Place Account in the Build
28 Illinois Fund shall be made as follows:
29 Beginning with fiscal year 1985 and continuing for each
30 fiscal year thereafter, the Metropolitan Pier and Exposition
31 Authority shall annually certify to the State Comptroller and
32 State Treasurer the amount necessary and required during the
33 fiscal year with respect to which the certification is made
34 to pay the debt service requirements (including amounts to be
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1 paid with respect to arrangements to provide additional
2 security or liquidity) on all outstanding bonds and notes,
3 including refunding bonds (herein collectively referred to as
4 bonds) of issues in the aggregate amount (excluding the
5 amount of any refunding bonds issued by that Authority after
6 January 1, 1986) of not more than $312,500,000 issued after
7 July 1, 1984, by that Authority for the purposes specified in
8 Sections 10.1 and 13.1 of the Metropolitan Pier and
9 Exposition Authority Act. In each month of the fiscal year
10 in which there are bonds outstanding with respect to which
11 the annual certification is made, the Comptroller shall order
12 transferred and the Treasurer shall transfer from the
13 McCormick Place Account in the Build Illinois Fund to the
14 Metropolitan Fair and Exposition Authority Improvement Bond
15 Fund an amount equal to 150% of the certified amount for that
16 fiscal year divided by the number of months during that
17 fiscal year in which bonds of the Authority are outstanding,
18 plus any cumulative deficiency in those transfers for prior
19 months; provided, that the maximum amount that may be so
20 transferred in fiscal year 1985 shall not exceed $15,000,000
21 or a lesser sum as is actually necessary and required to pay
22 the debt service requirements for that fiscal year after
23 giving effect to net operating revenues of that Authority
24 available for that purpose as certified by that Authority,
25 and provided further that the maximum amount that may be so
26 transferred in fiscal year 1986 shall not exceed $30,000,000
27 and in each fiscal year thereafter shall not exceed
28 $33,500,000 in any fiscal year or a lesser sum as is actually
29 necessary and required to pay the debt service requirements
30 for that fiscal year after giving effect to net operating
31 revenues of that Authority available for that purpose as
32 certified by that Authority.
33 When an amount equal to 100% of the aggregate amount of
34 principal and interest in each fiscal year with respect to
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1 bonds issued after July 1, 1984, that by their terms are
2 payable from the Metropolitan Fair and Exposition Authority
3 Improvement Bond Fund, including under sinking fund
4 requirements, has been so paid and deficiencies in reserves
5 established from bond proceeds shall have been remedied, and
6 at the time that those amounts have been transferred to the
7 Authority as provided in Section 13.1 of the Metropolitan
8 Pier and Exposition Authority Act, the remaining moneys, if
9 any, deposited and to be deposited during each fiscal year to
10 the Metropolitan Fair and Exposition Authority Improvement
11 Bond Fund shall be transferred to the Metropolitan Fair and
12 Exposition Authority Completion Note Subordinate Fund.
13 Transfers from the Build Illinois Bond Account in the
14 Build Illinois Fund shall be made as follows:
15 Beginning with fiscal year 1986 and continuing for each
16 fiscal year thereafter so long as limited obligation bonds of
17 the State issued under the Build Illinois Bond Act remain
18 outstanding, the Comptroller shall order transferred and the
19 Treasurer shall transfer in each month, commencing in
20 October, 1985, on the last day of that month, from the Build
21 Illinois Bond Account to the Build Illinois Bond Retirement
22 and Interest Fund in the State Treasury the amount required
23 to be so transferred in that month under Section 13 of the
24 Build Illinois Bond Act.
25 Transfers from the remaining accounts in the Build
26 Illinois Fund shall be made in the following amounts and in
27 the following order of priority:
28 Beginning with fiscal year 1986 and continuing each
29 fiscal year thereafter, as soon as practicable after the
30 first day of each month, commencing in October, 1985, the
31 Comptroller shall order transferred and the Treasurer shall
32 transfer from the Build Illinois Purposes Account in the
33 Build Illinois Fund to the Build Illinois Purposes Fund
34 1/12th (or in the case of fiscal year 1986 1/9) of the
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1 amounts specified below for the following fiscal years:
2 Fiscal Year Amount
3 1986 $35,000,000
4 1987 $45,000,000
5 1988 $50,000,000
6 1989 $55,000,000
7 1990 $55,000,000
8 1991 $50,000,000
9 1992 $16,200,000
10 1993 $16,200,000,
11 plus any cumulative deficiency in those transfers for prior
12 months.
13 As soon as may be practicable after the first day of each
14 month beginning after July 1, 1984, the Comptroller shall
15 order transferred and the Treasurer shall transfer from the
16 Park and Conservation Fund Account in the Build Illinois Fund
17 to the Park and Conservation Fund 1/12 of $10,000,000, plus
18 any cumulative deficiency in those transfers for prior
19 months, for conservation and park purposes as enumerated in
20 Section 63a36 of the Civil Administrative Code of Illinois,
21 and to pay the debt service requirements on all outstanding
22 bonds of an issue in the aggregate amount of not more than
23 $40,000,000 issued after January 1, 1985, by the State of
24 Illinois for the purposes specified in Section 3(c) of the
25 Capital Development Bond Act of 1972, or for the same
26 purposes as specified in any other State general obligation
27 bond Act enacted after November 1, 1984. Transfers from the
28 Park and Conservation Fund to the Capital Development Bond
29 Retirement and Interest Fund to pay those debt service
30 requirements shall be made in accordance with Section 8.25b
31 of this Act.
32 As soon as may be practicable after the first day of each
33 month, the Comptroller shall order transferred and the
34 Treasurer shall transfer from the Tourism Advertising and
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1 Promotion Account to the General Revenue Fund in fiscal year
2 1993 and thereafter an amount equal to (a) the greater of
3 1/12 of $10,000,000 or 1/12 of the amount of the fiscal year
4 appropriation to the Department of Commerce and Community
5 Affairs, plus (b) any cumulative deficiency in those
6 transfers for prior months, to advertise and promote tourism
7 throughout Illinois under subsection (2) of Section 4a of the
8 Illinois Promotion Act.
9 All funds remaining in the Build Illinois Fund on the
10 last day of any month and not credited to any account in that
11 Fund shall be transferred by the State Treasurer to the
12 General Revenue Fund.
13 (B) For the purpose of this Section, "cumulative
14 deficiency" shall include all deficiencies in those transfers
15 that have occurred since July 1, 1984, as specified in
16 subsection (A) of this Section.
17 (C) In addition to any other permitted use of moneys in
18 the Fund, and notwithstanding any restriction on the use of
19 the Fund, moneys in the Park and Conservation Fund may be
20 transferred to the General Revenue Fund as authorized by
21 Public Act 87-14. The General Assembly finds that an excess
22 of moneys existed in the Fund on July 30, 1991, and the
23 Governor's order of July 30, 1991, requesting the Comptroller
24 and Treasurer to transfer an amount from the Fund to the
25 General Revenue Fund is hereby validated.
26 In addition to any other permitted use of moneys in the
27 Fund, and notwithstanding any restriction on the use of the
28 Fund, moneys in the Park and Conservation Fund may be
29 transferred to the General Revenue Fund as authorized by this
30 amendatory Act of 1992. The General Assembly finds that an
31 excess of moneys exists in the Fund. On February 1, 1992,
32 the Comptroller shall order transferred and the Treasurer
33 shall transfer $7,000,000 (or such lesser amount as may be on
34 deposit in the Fund and unexpended and unobligated on that
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1 date) from the Fund to the General Revenue Fund.
2 (D) (Blank). In addition to any other permitted use of
3 moneys in the Fund, and notwithstanding any restriction on
4 the use of the Fund, moneys in the Local Tourism Fund may be
5 transferred to the General Revenue Fund as authorized by this
6 amendatory Act of 1992. The General Assembly finds that an
7 excess of moneys exists in the Fund. On February 1, 1992,
8 the Comptroller shall order transferred and the Treasurer
9 shall transfer $500,000 (or such lesser amount as may be on
10 deposit in the Fund and unexpended and unobligated on that
11 date) from the Fund to the General Revenue Fund.
12 (Source: P.A. 87-14; 87-838; 87-860; 87-873; 87-895; 88-465.)
13 (30 ILCS 105/8c) (from Ch. 127, par. 144c)
14 Sec. 8c. Appropriations for projects and activities
15 authorized by The Build Illinois Act are payable from the
16 Build Illinois Purposes Fund, but may be obligated and
17 expended only with the written approval of the Governor in
18 such amounts, at such times, and for such purposes as
19 contemplated in such appropriations and in The Build Illinois
20 Act.
21 In addition to any other permitted use of moneys in the
22 Fund, and notwithstanding any restriction on the use of the
23 Fund, moneys in the Build Illinois Purposes Fund may be
24 transferred to the General Revenue Fund as authorized by this
25 amendatory Act of 1992. The General Assembly finds that an
26 excess of moneys exists in the Fund. On February 1, 1992,
27 the Comptroller shall order transferred and the Treasurer
28 shall transfer $1,000,000 (or such lesser amount as may be on
29 deposit in the Fund and unexpended and unobligated on that
30 date) from the Fund to the General Revenue Fund.
31 (Source: P.A. 87-838.)
32 (30 ILCS 105/8d) (from Ch. 127, par. 144d)
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1 Sec. 8d. Transfers between the Solid Waste Management
2 Fund and the General Revenue Fund. As soon as may be
3 practicable after August 1, 1986, the State Comptroller shall
4 order transferred and the Treasurer shall transfer from the
5 General Revenue Fund to the Solid Waste Management Fund the
6 amount of $1,250,000. On April 15, 1987 and on the 15th day
7 of each month thereafter, the Comptroller shall order
8 transferred and the Treasurer shall transfer from the Solid
9 Waste Management Fund to the General Revenue Fund the lesser
10 of $500,000 or an amount equal to 50% of the money deposited
11 into the Solid Waste Management Fund during the previous
12 month. Once the cumulative amount transferred from the Solid
13 Waste Management Fund to the General Revenue Fund reaches
14 $1,250,000 such transfers shall cease.
15 In addition to any other permitted use of moneys in the
16 Fund, and notwithstanding any restriction on the use of the
17 Fund, moneys in the Solid Waste Management Fund may be
18 transferred to the General Revenue Fund as authorized by
19 Public Act 87-14. The General Assembly finds that an excess
20 of moneys existed in the Fund on July 30, 1991, and the
21 Governor's order of July 30, 1991, requesting the Comptroller
22 and Treasurer to transfer an amount from the Fund to the
23 General Revenue Fund is hereby validated.
24 In addition to any other permitted use of moneys in the
25 Fund, and notwithstanding any restriction on the use of the
26 Fund, moneys in the Solid Waste Management Fund may be
27 transferred to the General Revenue Fund as authorized by this
28 amendatory Act of 1992. The General Assembly finds that an
29 excess of moneys exists in the Fund. On February 1, 1992,
30 the Comptroller shall order transferred and the Treasurer
31 shall transfer $5,000,000 (or such lesser amount as may be on
32 deposit in the Fund and unexpended and unobligated on that
33 date) from the Fund to the General Revenue Fund.
34 (Source: P.A. 87-838.)
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1 (30 ILCS 105/10) (from Ch. 127, par. 146)
2 Sec. 10. Subject to the contingency reserves established
3 under the Emergency Budget Act of Fiscal Year 1992, When an
4 appropriation has been made by the General Assembly for the
5 ordinary and contingent expenses of the operation,
6 maintenance and administration of the several offices,
7 departments, institutions, boards, commissions and agencies
8 of the State government, the State Comptroller shall draw his
9 warrant on the State Treasurer for the payment of the same
10 upon the presentation of itemized vouchers, issued,
11 certified, and approved, as follows:
12 For appropriations to
13 (1) Elective State officers in the executive
14 Department, to be certified and approved by such
15 officers, respectively;
16 (2) The Supreme Court, to be certified and approved
17 by the Chief Justice thereof;
18 (3) Appellate Court, to be certified and approved
19 by the Chief Justice of each judicial district;
20 (4) The State Senate, to be certified and approved
21 by the President;
22 (5) The House of Representatives, to be certified
23 and approved by the Speaker;
24 (6) The Auditor General, to be certified and
25 approved by the Auditor General;
26 (7) Clerks of courts, to be certified and approved
27 by the clerk incurring expenditures;
28 (8) The departments under the Civil Administrative
29 Code, to be certified and approved by the Director or
30 Secretary of the Department;
31 (9) The University of Illinois, to be certified by
32 the president and secretary of the Board of Trustees of
33 the University of Illinois, with the corporate seal of
34 the University attached thereto;
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1 (10) The State Universities Retirement System, to
2 be certified to by the President and Secretary of the
3 Board of Trustees of the System;
4 (11) The Board of Trustees of Illinois State
5 University, to be certified to by the president and
6 secretary of that Board of Trustees, with the corporate
7 seal of that University attached thereto;
8 (12) The Board of Trustees of Northern Illinois
9 University, to be certified to by the president and
10 secretary of that Board of Trustees, with the corporate
11 seal of that University attached thereto;
12 (12a) The Board of Trustees of Chicago State
13 University, certified to by the president and secretary
14 of that Board of Trustees, with the corporate seal of
15 that University attached thereto;
16 (12b) The Board of Trustees of Eastern Illinois
17 University, certified to by the president and secretary
18 of that Board of Trustees, with the corporate seal of
19 that University attached thereto;
20 (12c) The Board of Trustees of Governors State
21 University, certified to by the president and secretary
22 of that Board of Trustees, with the corporate seal of
23 that University attached thereto;
24 (12d) The Board of Trustees of Northeastern
25 Illinois University, certified to by the president and
26 secretary of that Board of Trustees, with the corporate
27 seal of that University attached thereto;
28 (12e) The Board of Trustees of Western Illinois
29 University, certified to by the president and secretary
30 of that Board of Trustees, with the corporate seal of
31 that University attached thereto;
32 (13) Southern Illinois University, to be certified
33 to by the President and Secretary of the Board of
34 Trustees of Southern Illinois University, with the
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1 corporate seal of the University attached thereto;
2 (14) The Adjutant General, to be certified and
3 approved by the Adjutant General;
4 (15) The Illinois Legislative Investigating
5 Commission, to be certified and approved by its Chairman,
6 or when it is organized with Co-Chairmen, by either of
7 its Co-Chairmen;
8 (16) All other officers, boards, commissions and
9 agencies of the State government, certified and approved
10 by such officer or by the president or chairman and
11 secretary or by the executive officer of such board,
12 commission or agency;
13 (17) Individuals, to be certified by such
14 individuals;
15 (18) The farmers' institute, agricultural,
16 livestock, poultry, scientific, benevolent, and other
17 private associations, or corporations of whatsoever
18 nature, to be certified and approved by the president and
19 secretary of such society.
20 Nothing contained in this Section shall be construed to
21 amend or modify the "Personnel Code".
22 This Section is subject to Section 9.02.
23 (Source: P.A. 89-4, eff. 1-1-96.)
24 Section 10-35. The Emergency Budget Act of 1992 is
25 amended by adding Section 502 as follows:
26 (30 ILCS 185/502 new)
27 Sec. 502. Repeal of Act. This Act is repealed on July
28 1, 1998.
29 Section 10-40. The Illinois Coal Technology Development
30 Assistance Act is amended by changing Section 4 as follows:
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1 (30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
2 Sec. 4. Expenditures from Coal Technology Development
3 Assistance Fund.
4 (a) The contents of the Coal Technology Development
5 Assistance Fund may be expended, subject to appropriation by
6 the General Assembly, in such amounts and at such times as
7 the Department, with the approval of the Board, may deem
8 necessary or desirable for the purposes of this Act.
9 (b) The Department shall develop a written plan
10 containing measurable 3-year and 10-year goals and objectives
11 in regard to the funding of coal research and coal
12 demonstration and commercialization projects, and programs
13 designed to preserve and enhance markets for Illinois coal.
14 In developing these goals and objectives, the Department
15 shall consider and determine the appropriate balance for the
16 achievement of near-term and long-term goals and objectives
17 and of ensuring the timely commercial application of
18 cost-effective technologies or energy and chemical production
19 processes or systems utilizing coal. The Department shall
20 develop the initial goals and objectives no later than
21 December 1, 1993, and develop revised goals and objectives no
22 later than July 1 annually thereafter.
23 (c) (Blank). In addition to any other permitted use of
24 moneys in the Fund, and notwithstanding any restriction on
25 the use of the Fund, moneys in the Coal Technology
26 Development Assistance Fund may be transferred to the General
27 Revenue Fund as authorized by this amendatory Act of 1992.
28 The General Assembly finds that an excess of moneys exists in
29 the Fund. On February 1, 1992, the Comptroller shall order
30 transferred and the Treasurer shall transfer $500,000 (or
31 such lesser amount as may be on deposit in the Fund and
32 unexpended and unobligated on that date) from the Fund to the
33 General Revenue Fund.
34 (Source: P.A. 88-391; 89-499, eff. 6-28-96.)
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1 Section 10-45. The Build Illinois Act is amended by
2 changing Section 10-6 as follows:
3 (30 ILCS 750/10-6) (from Ch. 127, par. 2710-6)
4 Sec. 10-6. Large Business Attraction Fund.
5 (a) There is created the Large Business Attraction Fund
6 to be held as part of the State Treasury. The Department is
7 authorized to make loans from the Fund for the purposes
8 established under this Article. The State Treasurer shall
9 have custody of the Fund and may invest in securities
10 constituting direct obligations of the United States
11 Government, in obligations the principal of and interest on
12 which are guaranteed by the United States Government, or in
13 certificates of deposit of any State or national bank that
14 are fully secured by obligations guaranteed as to principal
15 and interest by the United States Government. The purpose of
16 the Fund is to offer loans to finance large firms considering
17 the location of a proposed plant in the State and to provide
18 financing to carry out the purposes and provisions of
19 paragraph (h) of Section 10-3. Financing shall be in the
20 form of a loan, mortgage, or other debt instrument. All
21 loans shall be conditioned on the project receiving financing
22 from participating lenders or other sources. Loan proceeds
23 shall be available for project costs associated with an
24 expansion of business capacity and employment, except for
25 debt refinancing. Targeted companies for the program shall
26 primarily consist of established industrial and service
27 companies with proven records of earnings that will sell
28 their product to markets beyond Illinois and have proven
29 multistate location options. New ventures shall be
30 considered only if the entity is protected with adequate
31 security with regard to its financing and operation. The
32 limitations and conditions with respect to the use of this
33 Fund shall not apply in carrying out the purposes and
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1 provisions of paragraph (h) of Section 10-3.
2 In addition to any other permitted use of moneys in the
3 Fund, and notwithstanding any restriction on the use of the
4 Fund, moneys in the Large Business Attraction Fund may be
5 transferred to the General Revenue Fund as authorized by this
6 amendatory Act of 1992. The General Assembly finds that an
7 excess of moneys exists in the Fund. On February 1, 1992,
8 the Comptroller shall order transferred and the Treasurer
9 shall transfer $1,500,000 (or such lesser amount as may be on
10 deposit in the Fund and unexpended and unobligated on that
11 date) from the Fund to the General Revenue Fund.
12 (b) Deposits into the Fund shall include, but are not
13 limited to:
14 (1) Any appropriations, grants, or gifts made to
15 the Fund.
16 (2) Any income received from interest on
17 investments of amounts from the Fund not currently needed
18 to meet the obligations of the Fund.
19 (c) The State Comptroller and the State Treasurer shall
20 from time to time, upon the written direction of the
21 Governor, transfer from the Fund to the General Revenue Fund
22 those amounts that the Governor determines are in excess of
23 the amounts required to meet the obligations of the Fund.
24 (Source: P.A. 87-14; 87-838; 87-895.)
25 Section 10-55. The Illinois Insurance Code is amended by
26 changing Sections 408.3 and 509.1 as follows:
27 (215 ILCS 5/408.3) (from Ch. 73, par. 1020.3)
28 Sec. 408.3. Insurance Financial Regulation Fund; uses.
29 The monies deposited into the Insurance Financial Regulation
30 Fund shall be used only for (i) payment of the expenses of
31 the Department, including related administrative expenses,
32 incurred in analyzing, investigating and examining the
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1 financial condition or control of insurance companies and
2 other entities licensed or seeking to be licensed by the
3 Department, including the collection, analysis and
4 distribution of information on insurance premiums, other
5 income, costs and expenses, and (ii) to pay internal costs
6 and expenses of the Interstate Insurance Receivership
7 Commission allocated to this State and authorized and
8 admitted companies doing an insurance business in this State
9 under Article X of the Interstate Receivership Compact. All
10 distributions and payments from the Insurance Financial
11 Regulation Fund shall be subject to appropriation as
12 otherwise provided by law for payment of such expenses.
13 Sums appropriated under clause (ii) of the preceding
14 paragraph shall be deemed to satisfy, pro tanto, the
15 obligations of insurers doing business in this State under
16 Article X of the Interstate Insurance Receivership Compact.
17 Nothing in this Code shall prohibit the General Assembly
18 from appropriating funds from the General Revenue Fund to the
19 Department for the purpose of administering this Code.
20 No fees collected pursuant to Section 408 of this Code
21 shall be used for the regulation of pension funds or
22 activities by the Department in the performance of its duties
23 under Article 22 of the Illinois Pension Code.
24 If at the end of a fiscal year the balance in the
25 Insurance Financial Regulation Fund which remains unexpended
26 or unobligated exceeds the amount of funds that the Director
27 may certify is needed for the purposes enumerated in this
28 Section, then the General Assembly may appropriate that
29 excess amount for purposes other than those enumerated in
30 this Section.
31 In addition to any other permitted use of moneys in the
32 Fund, and notwithstanding any restriction on the use of the
33 Fund, moneys in the Insurance Financial Regulation Fund may
34 be transferred to the General Revenue Fund as authorized by
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1 this amendatory Act of 1992. The General Assembly finds that
2 an excess of moneys exists in the Fund. On February 1, 1992,
3 the Comptroller shall order transferred and the Treasurer
4 shall transfer $150,000 (or such lesser amount as may be on
5 deposit in the Fund and unexpended and unobligated on that
6 date) from the Fund to the General Revenue Fund.
7 (Source: P.A. 89-247, eff. 1-1-96.)
8 (215 ILCS 5/509.1) (from Ch. 73, par. 1065.56-1)
9 Sec. 509.1. Fees.
10 (a) The fees required by this Article are as follows:
11 (1) An annual fee of $75 for an insurance producer
12 license;
13 (2) A fee of $25 for the issuance of a temporary
14 insurance producer license;
15 (3) An annual registration fee of $25 for a
16 business firm to register;
17 (4) An annual $25 fee for a limited insurance
18 representative license;
19 (5) A $25 application fee for the processing of
20 each request to take the written examination for an
21 insurance producer license;
22 (6) An annual registration fee of $500 for an
23 education provider to register;
24 (7) A certification fee of $25 for each certified
25 prelicensing or continuing education course and an annual
26 fee of $10 for renewing the certification of each such
27 course; and
28 (8) A license reinstatement fee of $50 for
29 reinstating a license which lapsed because the annual fee
30 was not received by the due date.
31 (9) A registration fee of $15 for reinstating a
32 firm registration that lapsed because the annual fee was
33 not received by the due date.
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1 (b) Except as otherwise provided, all fees paid to and
2 collected by the Director under this Section shall be paid
3 promptly after receipt thereof, together with a detailed
4 statement of such fees, into a special fund in the State
5 Treasury to be known as the Insurance Producer Administration
6 Fund. The monies deposited into the Insurance Producer
7 Administrative Fund shall be used only for payment of the
8 expenses of the Department in the execution, administration
9 and enforcement of the insurance laws of this State, and
10 shall be appropriated as otherwise provided by law for the
11 payment of such expenses with first priority being any
12 expenses incident to or associated with the administration
13 and enforcement of this Article.
14 In addition to any other permitted use of moneys in the
15 Fund, and notwithstanding any restriction on the use of the
16 Fund, moneys in the Insurance Producer Administration Fund
17 may be transferred to the General Revenue Fund as authorized
18 by this amendatory Act of 1992. The General Assembly finds
19 that an excess of moneys exists in the Fund. On February 1,
20 1992, the Comptroller shall order transferred and the
21 Treasurer shall transfer $1,500,000 (or such lesser amount as
22 may be on deposit in the Fund and unexpended and unobligated
23 on that date) from the Fund to the General Revenue Fund.
24 (Source: P.A. 89-152, eff. 1-1-97.)
25 Section 10-70. The Illinois Nursing Act of 1987 is
26 amended by changing Section 24 as follows:
27 (225 ILCS 65/24) (from Ch. 111, par. 3524)
28 Sec. 24. There is hereby created within the State
29 Treasury the Nursing Dedicated and Professional Fund. The
30 monies in the Fund shall be used by and at the direction of
31 the Department for the administration and enforcement of this
32 Act, including but not limited to:
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1 (a) Distribution and publication of "The Illinois
2 Nursing Act" and the rules and regulations at the time of
3 renewal to all Registered Professional Nurses and
4 Licensed Practical Nurses licensed by the Department;
5 (b) Employment of secretarial, nursing,
6 administrative, enforcement and research assistance for
7 the administration of this Act. After January 1, 1991,
8 the Director shall employ, in conformity with the
9 Personnel Code, one full-time investigator for every
10 10,000 nurses licensed to practice in the State;
11 (c) Surveying, every license renewal period, the
12 nurse population of Illinois, its employment, earnings,
13 distribution, education and other professional and
14 demographic characteristics, and for the publication and
15 distribution of the survey; and
16 (d) Conducting of training seminars for licensees
17 under this Act relating to the obligations,
18 responsibilities, enforcement and other provisions of the
19 Act and the regulations thereunder.
20 (e) Disposition of Fees:
21 (i) Until January 1, 1991, 50% of the fees
22 collected pursuant to this Act shall be deposited in
23 the Nursing Dedicated and Professional Fund and 50%
24 shall be deposited in the General Revenue Fund.
25 (ii) On or after January 1, 1991, all of the
26 fees collected pursuant to this Act shall be
27 deposited in the Nursing Dedicated and Professional
28 Fund.
29 For the fiscal year beginning July 1, 1988, the monies
30 deposited in the Nursing Dedicated and Professional Fund
31 shall be appropriated to the Department for expenses of the
32 Department and the Committee in the administration of this
33 Act. All earnings received from investment of monies in the
34 Nursing Dedicated and Professional Fund shall be deposited in
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1 the Nursing Dedicated and Professional Fund and shall be used
2 for the same purposes as fees deposited in the Fund.
3 For the fiscal year beginning July 1, 1991 and for each
4 fiscal year thereafter, either 10% of the monies deposited in
5 the Nursing Dedicated and Professional Fund each year, not
6 including interest accumulated on such monies, or any monies
7 deposited in the Fund in each year which are in excess of the
8 amount appropriated in that year to meet ordinary and
9 contingent expenses of the Committee, whichever is less,
10 shall be set aside and appropriated to the Illinois
11 Department of Public Health for nursing scholarships awarded
12 pursuant to the Nursing Education Scholarship Law.
13 Moneys in the Fund may be transferred to the Professions
14 Indirect Cost Fund as authorized under Section 61e of the
15 Civil Administrative Code of Illinois.
16 In addition to any other permitted use of moneys in the
17 Fund, and notwithstanding any restriction on the use of the
18 Fund, moneys in the Nursing Dedicated and Professional Fund
19 may be transferred to the General Revenue Fund as authorized
20 by this amendatory Act of 1992. The General Assembly finds
21 that an excess of moneys exists in the Fund. On February 1,
22 1992, the Comptroller shall order transferred and the
23 Treasurer shall transfer $200,000 (or such lesser amount as
24 may be on deposit in the Fund and unexpended and unobligated
25 on that date) from the Fund to the General Revenue Fund.
26 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
27 89-626, eff. 8-9-96.)
28 Section 10-80. The Pharmacy Practice Act of 1987 is
29 amended by changing Section 27 as follows:
30 (225 ILCS 85/27) (from Ch. 111, par. 4147)
31 Sec. 27. Fees. The following fees are not refundable.
32 (A) Certificate of pharmacy technician.
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1 (1) The fee for application for a certificate of
2 registration as a pharmacy technician is $40.
3 (2) The fee for the renewal of a certificate of
4 registration as a pharmacy technician shall be calculated
5 at the rate of $25 per year.
6 (B) License as a pharmacist.
7 (1) The fee for application for a license is $75.
8 (2) In addition, applicants for any examination as
9 a registered pharmacist shall be required to pay, either
10 to the Department or to the designated testing service, a
11 fee covering the cost of determining an applicant's
12 eligibility and providing the examination. Failure to
13 appear for the examination on the scheduled date, at the
14 time and place specified, after the applicant's
15 application for examination has been received and
16 acknowledged by the Department or the designated testing
17 service, shall result in the forfeiture of the
18 examination fee.
19 (3) The fee for a license as a registered
20 pharmacist registered or licensed under the laws of
21 another state or territory of the United States is $200.
22 (4) The fee upon the renewal of a license shall be
23 calculated at the rate of $75 per year.
24 (5) The fee for the restoration of a certificate
25 other than from inactive status is $10 plus all lapsed
26 renewal fees.
27 (6) Applicants for the preliminary diagnostic
28 examination shall be required to pay, either to the
29 Department or to the designated testing service, a fee
30 covering the cost of determining an applicant's
31 eligibility and providing the examination. Failure to
32 appear for the examination on the scheduled date, at the
33 time and place specified, after the application for
34 examination has been received and acknowledged by the
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1 Department or the designated testing service, shall
2 result in the forfeiture of the examination fee.
3 (7) The fee to have the scoring of an examination
4 authorized by the Department reviewed and verified is $20
5 plus any fee charged by the applicable testing service.
6 (C) License as a pharmacy.
7 (1) The fee for application for a license for a
8 pharmacy under this Act is $100.
9 (2) The fee for the renewal of a license for a
10 pharmacy under this Act shall be calculated at the rate
11 of $100 per year.
12 (3) The fee for the change of a
13 pharmacist-in-charge is $25.
14 (D) General Fees.
15 (1) The fee for the issuance of a duplicate
16 license, for the issuance of a replacement license for a
17 license that has been lost or destroyed or for the
18 issuance of a license with a change of name or address
19 other than during the renewal period is $20. No fee is
20 required for name and address changes on Department
21 records when no duplicate certification is issued.
22 (2) The fee for a certification of a registrant's
23 record for any purpose is $20.
24 (3) The fee to have the scoring of an examination
25 administered by the Department reviewed and verified is
26 $20.
27 (4) The fee for a wall certificate showing
28 licensure or registration shall be the actual cost of
29 producing the certificate.
30 (5) The fee for a roster of persons registered as
31 pharmacists or registered pharmacies in this State shall
32 be the actual cost of producing the roster.
33 (6) The fee for pharmacy licensing, disciplinary or
34 investigative records obtained pursuant to a subpoena is
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1 $1 per page.
2 (E) Except as provided in subsection (F), all moneys
3 received by the Department under this Act shall be deposited
4 in the Illinois State Pharmacy Disciplinary Fund hereby
5 created in the State Treasury and shall be used only for the
6 following purposes: (a) by the State Board of Pharmacy in the
7 exercise of its powers and performance of its duties, as such
8 use is made by the Department upon the recommendations of the
9 State Board of Pharmacy, (b) for costs directly related to
10 license renewal of persons licensed under this Act, and (c)
11 for direct and allocable indirect costs related to the public
12 purposes of the Department of Professional Regulation.
13 Moneys in the Fund may be transferred to the Professions
14 Indirect Cost Fund as authorized under Section 61e of the
15 Civil Administrative Code of Illinois.
16 The moneys deposited in the Illinois State Pharmacy
17 Disciplinary Fund shall be invested to earn interest which
18 shall accrue to the Fund. The Department shall present to the
19 Board for its review and comment all appropriation requests
20 from the Illinois State Pharmacy Disciplinary Fund. The
21 Department shall give due consideration to any comments of
22 the Board in making appropriation requests.
23 (F) From the money received for license renewal fees, $5
24 from each pharmacist fee, and $2.50 from each pharmacy
25 technician fee, shall be set aside within the Illinois State
26 Pharmacy Disciplinary Fund for the purpose of supporting a
27 substance abuse program for pharmacists and pharmacy
28 technicians. The State Board of Pharmacy shall determine how
29 and to whom the money set aside under this subsection is
30 disbursed.
31 (G) (Blank). In addition to any other permitted use of
32 moneys in the Fund, and notwithstanding any restriction on
33 the use of the Fund, moneys in the Illinois State Pharmacy
34 Disciplinary Fund may be transferred to the General Revenue
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1 Fund as authorized by this amendatory Act of 1992. The
2 General Assembly finds that an excess of moneys exists in the
3 Fund. On February 1, 1992, the Comptroller shall order
4 transferred and the Treasurer shall transfer $200,000 (or
5 such lesser amount as may be on deposit in the Fund and
6 unexpended and unobligated on that date) from the Fund to the
7 General Revenue Fund.
8 (Source: P.A. 89-202, eff. 7-21-95; 89-204, eff. 1-1-96;
9 89-626, eff. 8-9-96.)
10 Section 10-85. The Podiatric Medical Practice Act of
11 1987 is amended by changing Section 19 as follows:
12 (225 ILCS 100/19) (from Ch. 111, par. 4819)
13 Sec. 19. Disciplinary fund. All fees and fines received
14 by the Department under this Act shall be deposited in the
15 Illinois State Podiatric Disciplinary Fund, a special fund
16 created hereunder in the State Treasury. Of the moneys
17 deposited into the Illinois State Podiatric Disciplinary
18 Fund, 15% of the money received from the payment of renewal
19 fees shall be used for podiatric scholarships and residency
20 programs under the Podiatric Scholarship and Residency Act
21 and the remainder shall be appropriated to the Department for
22 expenses of the Department and of the Podiatric Medical
23 Licensing Board and for podiatric scholarships and residency
24 programs under the Podiatric Scholarship and Residency Act.
25 Moneys in the Illinois State Podiatric Disciplinary Fund
26 may be invested and reinvested in investments authorized for
27 the investment of funds of the State Employees' Retirement
28 System of Illinois.
29 All earnings received from such investments shall be
30 deposited in the Illinois State Podiatric Disciplinary Fund
31 and may be used for the same purposes as fees deposited in
32 such fund.
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1 Moneys in the Fund may be transferred to the Professions
2 Indirect Cost Fund as authorized under Section 61e of the
3 Civil Administrative Code of Illinois.
4 Upon the completion of any audit of the Department as
5 prescribed by the Illinois State Auditing Act which includes
6 an audit of the Illinois State Podiatric Disciplinary Fund,
7 the Department shall make the audit open to inspection by any
8 interested person.
9 In addition to any other permitted use of moneys in the
10 Fund, and notwithstanding any restriction on the use of the
11 Fund, moneys in the Illinois State Podiatric Disciplinary
12 Fund may be transferred to the General Revenue Fund as
13 authorized by this amendatory Act of 1992. The General
14 Assembly finds that an excess of moneys exists in the Fund.
15 On February 1, 1992, the Comptroller shall order transferred
16 and the Treasurer shall transfer $400,000 (or such lesser
17 amount as may be on deposit in the Fund and unexpended and
18 unobligated on that date) from the Fund to the General
19 Revenue Fund.
20 (Source: P.A. 89-204, eff. 1-1-96.)
21 Section 10-95. The Real Estate License Act of 1983 is
22 amended by changing Sections 16 and 17 as follows:
23 (225 ILCS 455/16) (from Ch. 111, par. 5816)
24 Sec. 16. A special fund to be known as the Real Estate
25 Research and Education Fund is created in the State Treasury.
26 All money deposited in such special fund shall be used only
27 for the ordinary and contingent expenses of operation of the
28 Office of Real Estate Research or its successor, by whatever
29 name designated, at the University of Illinois.
30 In addition to any other permitted use of moneys in the
31 Fund, and notwithstanding any restriction on the use of the
32 Fund, moneys in the Real Estate Research and Education Fund
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1 may be transferred to the General Revenue Fund as authorized
2 by this amendatory Act of 1992. The General Assembly finds
3 that an excess of moneys exists in the Fund. On February 1,
4 1992, the Comptroller shall order transferred and the
5 Treasurer shall transfer $140,000 (or such lesser amount as
6 may be on deposit in the Fund and unexpended and unobligated
7 on that date) from the Fund to the General Revenue Fund.
8 Out of each $5 fee deposited in the Real Estate Research
9 and Education Fund pursuant to Section 15 or Section 36.6, $1
10 shall be used to fund a scholarship program for persons of
11 minority racial origin who wish to pursue a course of study
12 in the field of real estate. For the purposes of this
13 Section, "course of study" shall mean a course or courses
14 that are part of a program of courses in the field of real
15 estate designed to further an individual's knowledge or
16 expertise in the field of real estate. These courses shall
17 include, but are not limited to, courses that a salesperson
18 licensed under this Act must complete to qualify for a real
19 estate broker's license, courses required to obtain the
20 Graduate Realtors Institute designation, and any other
21 courses or programs offered by accredited colleges,
22 universities, or other institutions of higher education in
23 Illinois. The scholarship program shall be administered by
24 the Office of Real Estate Research.
25 Moneys in the Real Estate Research and Education Fund may
26 be invested and reinvested in the same manner as funds in the
27 Real Estate Recovery Fund. All earnings received from such
28 investment shall be deposited in the Real Estate Research and
29 Education Fund and may be used for the same purposes as fees
30 deposited in such fund.
31 (Source: P.A. 86-925; 87-795; 87-838.)
32 (225 ILCS 455/17) (from Ch. 111, par. 5817)
33 Sec. 17. All fees received by the Office of Banks and
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1 Real Estate under Article 1 and Article 3 of this Act, other
2 than fees which this Act directs to be deposited in the Real
3 Estate Recovery Fund, in the Real Estate Research and
4 Education Fund, or in the Department of Central Management
5 Services Printing Revolving Fund, shall be deposited in a
6 special fund in the State Treasury to be known as the Real
7 Estate License Administration Fund. The moneys deposited in
8 the Real Estate License Administration Fund shall be
9 appropriated to the Office of Banks and Real Estate for
10 expenses of the Office of Banks and Real Estate and the Board
11 in the administration of this Act and for the administration
12 of any Act administered by the Office of Banks and Real
13 Estate providing revenue to this Fund.
14 In addition to any other permitted use of moneys in the
15 Fund, and notwithstanding any restriction on the use of the
16 Fund, moneys in the Real Estate License Administration Fund
17 may be transferred to the General Revenue Fund as authorized
18 by this amendatory Act of 1992. The General Assembly finds
19 that an excess of moneys exists in the Fund. On February 1,
20 1992, the Comptroller shall order transferred and the
21 Treasurer shall transfer $1,500,000 (or such lesser amount as
22 may be on deposit in the Fund and unexpended and unobligated
23 on that date) from the Fund to the General Revenue Fund.
24 The Commissioner shall employ, in conformity with the
25 Personnel Code, one full time Chief of Real Estate
26 Investigations; and the Commissioner shall also employ, in
27 conformity with the Personnel Code, or contract for, not less
28 than one full time investigator and one full time auditor for
29 every 15,000 licensees registered under this Act.
30 The Chief of Real Estate Investigations shall be a
31 college graduate from an accredited 4 year college or
32 university with 3 years' responsible administrative
33 experience and a minimum of 3 years' responsible
34 investigatory experience in law enforcement or a related
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1 field.
2 Moneys in the Real Estate License Administration Fund may
3 be invested and reinvested in the same manner as funds in the
4 Real Estate Recovery Fund. All earnings received from such
5 investment shall be deposited in the Real Estate License
6 Administration Fund and may be used for the same purposes as
7 fees deposited in such fund.
8 Upon the completion of any audit of the Office of Banks
9 and Real Estate, as prescribed by the Illinois State Auditing
10 Act, which includes an audit of the Real Estate License
11 Administration Fund, the Office of Banks and Real Estate
12 shall make the audit open to inspection by any interested
13 person.
14 (Source: P.A. 89-23, eff. 7-1-95; 89-204, eff. 1-1-96;
15 89-508, eff. 7-3-96; 89-626, eff. 8-9-96.)
16 Section 10-100. The Charitable Games Act is amended by
17 changing Section 14 as follows:
18 (230 ILCS 30/14) (from Ch. 120, par. 1134)
19 Sec. 14. (a) There is hereby created the Illinois Gaming
20 Law Enforcement Fund, a special fund in the State Treasury.
21 (b) The General Assembly shall appropriate two-thirds of
22 the monies in such fund to the Department of Revenue,
23 Department of State Police and the Office of the Attorney
24 General for State law enforcement purposes. The remaining
25 one-third of the monies in such fund shall be appropriated to
26 the Department of Revenue for the purpose of distribution in
27 the form of grants to counties or municipalities for law
28 enforcement purposes.
29 The amount of a grant to counties or municipalities shall
30 bear the same ratio to the total amount of grants made as the
31 number of licenses issued in counties or municipalities bears
32 to the total number of licenses issued in the State. In
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1 computing the number of licenses issued in a county, licenses
2 issued for locations within a municipality's boundaries shall
3 be excluded.
4 (c) (Blank). In addition to any other permitted use of
5 moneys in the Fund, and notwithstanding any restriction on
6 the use of the Fund, moneys in the Illinois Gaming Law
7 Enforcement Fund may be transferred to the General Revenue
8 Fund as authorized by this amendatory Act of 1992. The
9 General Assembly finds that an excess of moneys exists in the
10 Fund. On February 1, 1992, the Comptroller shall order
11 transferred and the Treasurer shall transfer $500,000 (or
12 such lesser amount as may be on deposit in the Fund and
13 unexpended and unobligated on that date) from the Fund to the
14 General Revenue Fund.
15 (Source: P.A. 87-838.)
16 Section 10-105. The Illinois Public Aid Code is amended
17 by changing Sections 5-4.21, 5-4.31, 5-12, 6-2, 6-6, and 14-2
18 as follows:
19 (305 ILCS 5/5-4.21) (from Ch. 23, par. 5-4.21)
20 Sec. 5-4.21. Medicaid Provider Participation Fee Trust
21 Fund for Persons With a Developmental Disability.
22 (a) There is created in the State Treasury the Medicaid
23 Provider Participation Fee Trust Fund for Persons With a
24 Developmental Disability. Interest earned by the Fund shall
25 be credited to the Fund. The monies in the Fund shall be
26 matched with federal Medicaid program dollars in accordance
27 with the provisions of this Section and shall be exempt from
28 any State budget reduction Acts. The Fund shall not be used
29 to replace any funds appropriated to the Medicaid program by
30 the General Assembly.
31 (b) The Fund is created for the purpose of receiving and
32 disbursing monies in accordance with Sections 5-4.20 through
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1 5-4.29 of this Code. Disbursements from the Fund shall be
2 made only:
3 (1) for payments to intermediate care facilities
4 for persons with a developmental disability under Title
5 XIX of the Social Security Act and Article V of this
6 Code;
7 (2) for the reimbursement of monies collected by
8 the Illinois Department through error or mistake;
9 (3) for payment of administrative expenses incurred
10 by the Illinois Department or its agent in performing the
11 activities authorized by Sections 5-4.20 through 5-4.29
12 of this Code;
13 (4) for maintaining contingency reserves of no more
14 than 3% of the total monies collected in any one year;
15 (5) for payments of any amounts which are
16 reimbursable to the federal government for payments from
17 this Fund which are required to be paid by State warrant;
18 and
19 (6) (Blank). for making transfers to the General
20 Obligation Bond Retirement and Interest Fund before
21 October 1, 1992, as those transfers are authorized in the
22 proceedings authorizing debt under the Short Term
23 Borrowing Act, but transfers made under this paragraph
24 (6) shall not exceed the principal amount of debt issued
25 in anticipation of the receipt by the State of moneys to
26 be deposited into the Fund.
27 Disbursements from this Fund, other than transfers to the
28 General Obligation Bond Retirement and Interest Fund, shall
29 be by warrants drawn by the State Comptroller upon receipt of
30 vouchers duly executed and certified by the Illinois
31 Department.
32 (c) The Fund shall consist of:
33 (1) all monies collected or received by the
34 Illinois Department under Section 5-4.22 of this Code;
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1 (2) all federal matching funds received by the
2 Illinois Department as a result of expenditures made by
3 the Illinois Department as required by Section 5-4.27 of
4 this Code, that are attributable to monies deposited in
5 the Fund;
6 (3) any interest or penalty levied in conjunction
7 with the administration of the Fund; and
8 (4) all other monies received for the Fund from any
9 other source, including interest earned thereon.
10 (d) All payments received by the Illinois Department
11 shall be credited first to any interest or penalty, and then
12 to the fee due.
13 (Source: P.A. 88-380; 89-626, eff. 8-9-96.)
14 (305 ILCS 5/5-4.31) (from Ch. 23, par. 5-4.31)
15 Sec. 5-4.31. Medicaid Long Term Care Provider
16 Participation Fee Trust Fund.
17 (a) There is created in the State Treasury the Medicaid
18 Long Term Care Provider Participation Fee Trust Fund.
19 Interest earned by the Fund shall be credited to the Fund.
20 The monies in the Fund shall be matched with federal Medicaid
21 program dollars in accordance with the provisions of this
22 Section and shall be exempt from any State budget reduction
23 Acts. The Fund shall not be used to replace any funds
24 appropriated to the Medicaid program by the General Assembly.
25 (b) The Fund is created for the purpose of receiving and
26 disbursing monies in accordance with Sections 5-4.30 through
27 5-4.39 of this Code. Disbursements from the Fund shall be
28 made only:
29 (1) for payments to skilled or intermediate nursing
30 facilities, including county nursing facilities,
31 excluding state-operated facilities, under Title XIX of
32 the Social Security Act and Article V of this Code;
33 (2) for the reimbursement of monies collected by
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1 the Illinois Department through error or mistake;
2 (3) for payment of administrative expenses incurred
3 by the Illinois Department or its agent in performing the
4 activities authorized by Sections 5-4.30 through 5-4.39
5 of this Code;
6 (4) for maintaining contingency reserves of no more
7 than 3% of the total monies collected in any one year;
8 (5) for payments of any amounts which are
9 reimbursable to the federal government for payments from
10 this Fund which are required to be paid by State warrant;
11 and
12 (6) (Blank). for making transfers to the General
13 Obligation Bond Retirement and Interest Fund before
14 October 1, 1992, as those transfers are authorized in the
15 proceedings authorizing debt under the Short Term
16 Borrowing Act, but transfers made under this paragraph
17 (6) shall not exceed the principal amount of debt issued
18 in anticipation of the receipt by the State of moneys to
19 be deposited into the Fund.
20 Disbursements from this Fund, other than transfers to the
21 General Obligation Bond Retirement and Interest Fund, shall
22 be by warrants drawn by the State Comptroller upon receipt of
23 vouchers duly executed and certified by the Illinois
24 Department.
25 (c) The Fund shall consist of:
26 (1) all monies collected or received by the
27 Illinois Department under Section 5-4.32 of this Code;
28 (2) all federal matching funds received by the
29 Illinois Department as a result of expenditures made by
30 the Illinois Department as required by Section 5-4.37 of
31 this Code, that are attributable to monies deposited in
32 the Fund;
33 (3) any interest or penalty levied in conjunction
34 with the administration of the Fund; and
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1 (4) all other monies received for the Fund from any
2 other source, including interest earned thereon.
3 (d) All payments received by the Illinois Department
4 shall be credited first to any interest or penalty, and then
5 to the fee due.
6 (Source: P.A. 89-626, eff. 8-9-96.)
7 (305 ILCS 5/5-12) (from Ch. 23, par. 5-12)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 5-12. Funeral and burial. Upon the death of a
10 recipient who qualified under class 2, 3 or 4 of Section 5-2,
11 if his estate is insufficient to pay his funeral and burial
12 expenses and if no other resources, including assistance from
13 legally responsible relatives, are available for such
14 purposes, there shall be paid, in accordance with the
15 standards, rules and regulations of the Illinois Department,
16 such reasonable amounts as may be necessary to meet costs of
17 the funeral, burial space, and cemetery charges, or to
18 reimburse any person not financially responsible for the
19 deceased who have voluntarily made expenditures for such
20 costs.
21 Notwithstanding any other provision of this Code to the
22 contrary, the Illinois Department is authorized to reduce or
23 eliminate payments under this Section as necessary to
24 implement contingency reserves under the Emergency Budget Act
25 of Fiscal Year 1992, to the extent permitted by federal law.
26 Any such reduction or elimination shall expire on July 1,
27 1992.
28 (Source: P.A. 87-838.)
29 (Text of Section after amendment by P.A. 89-507)
30 Sec. 5-12. Funeral and burial. Upon the death of a
31 recipient who qualified under class 2, 3 or 4 of Section 5-2,
32 if his estate is insufficient to pay his funeral and burial
33 expenses and if no other resources, including assistance from
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1 legally responsible relatives, are available for such
2 purposes, there shall be paid, in accordance with the
3 standards, rules and regulations of the Illinois Department
4 of Human Services, such reasonable amounts as may be
5 necessary to meet costs of the funeral, burial space, and
6 cemetery charges, or to reimburse any person not financially
7 responsible for the deceased who have voluntarily made
8 expenditures for such costs.
9 Notwithstanding any other provision of this Code to the
10 contrary, the Illinois Department is authorized to reduce or
11 eliminate payments under this Section as necessary to
12 implement contingency reserves under the Emergency Budget Act
13 of Fiscal Year 1992, to the extent permitted by federal law.
14 Any such reduction or elimination shall expire on July 1,
15 1992.
16 (Source: P.A. 89-507, eff. 7-1-97.)
17 (305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
18 Sec. 6-2. Amount of aid. The amount and nature of
19 General Assistance for basic maintenance requirements shall
20 be determined in accordance with local budget standards for
21 local governmental units which do not receive State funds.
22 For local governmental units which do receive State funds,
23 the amount and nature of General Assistance for basic
24 maintenance requirements shall be determined in accordance
25 with the standards, rules and regulations of the Illinois
26 Department. Beginning July 1, 1992, the supplementary grants
27 previously paid under this Section shall no longer be paid.
28 However, the amount and nature of any financial aid is not
29 affected by the payment of any grant under the Senior
30 Citizens and Disabled Persons Property Tax Relief and
31 Pharmaceutical Assistance Act. Due regard shall be given to
32 the requirements and the conditions existing in each case,
33 and to the income, money contributions and other support and
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1 resources available, from whatever source. In local
2 governmental units which do not receive State funds, the
3 grant shall be sufficient when added to all other income,
4 money contributions and support in excess of any excluded
5 income or resources, to provide the person with a grant in
6 the amount established for such a person by the local
7 governmental unit based upon standards meeting basic
8 maintenance requirements. In local governmental units which
9 do receive State funds, the grant shall be sufficient when
10 added to all other income, money contributions and support in
11 excess of any excluded income or resources, to provide the
12 person with a grant in the amount established for such a
13 person by Department regulation based upon standards
14 providing a livelihood compatible with health and well-being,
15 as directed by Section 12-4.11 of this Code.
16 The Illinois Department may conduct special projects,
17 which may be known as Grant Diversion Projects, under which
18 recipients of financial aid under this Article are placed in
19 jobs and their grants are diverted to the employer who in
20 turn makes payments to the recipients in the form of salary
21 or other employment benefits. The Illinois Department shall
22 by rule specify the terms and conditions of such Grant
23 Diversion Projects. Such projects shall take into
24 consideration and be coordinated with the programs
25 administered under the Illinois Emergency Employment
26 Development Act.
27 The allowances provided under Article IX for recipients
28 participating in the training and rehabilitation programs
29 shall be in addition to such maximum payment.
30 Payments may also be made to provide persons receiving
31 basic maintenance support with necessary treatment, care and
32 supplies required because of illness or disability or with
33 acute medical treatment, care, and supplies. Payments for
34 necessary or acute medical care under this paragraph may be
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1 made to or in behalf of the person. Obligations incurred for
2 such services but not paid for at the time of a recipient's
3 death may be paid, subject to the rules and regulations of
4 the Illinois Department, after the death of the recipient.
5 Notwithstanding any other provision of this Code to the
6 contrary, the Illinois Department is authorized to reduce or
7 eliminate payments under this Section as necessary to
8 implement contingency reserves under the Emergency Budget Act
9 of Fiscal Year 1992, to the extent permitted by federal law.
10 Any such reduction or elimination shall expire on July 1,
11 1992.
12 (Source: P.A. 89-646, eff. 1-1-97.)
13 (305 ILCS 5/6-6) (from Ch. 23, par. 6-6)
14 Sec. 6-6. Funeral and Burial.
15 If the estate of a deceased recipient is insufficient to
16 pay for funeral and burial expenses and if no other resources
17 including assistance from legally responsible relatives or
18 the United States Veterans Administration, are available for
19 such purposes, there shall be paid, in accordance with the
20 standards, rules and regulations of the Illinois Department,
21 such amounts as may be necessary to meet costs of the
22 funeral, burial space, and cemetery charges, or to reimburse
23 any person not financially responsible for the deceased who
24 has voluntarily made expenditures for such costs.
25 Notwithstanding any other provision of this Code to the
26 contrary, the Illinois Department is authorized to reduce or
27 eliminate payments under this Section as necessary to
28 implement contingency reserves under the Emergency Budget Act
29 of Fiscal Year 1992, to the extent permitted by federal law.
30 Any such reduction or elimination shall expire on July 1,
31 1992.
32 (Source: P.A. 87-838.)
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1 (305 ILCS 5/14-2) (from Ch. 23, par. 14-2)
2 Sec. 14-2. Hospital Services Trust Fund.
3 (a) There is created in the State treasury the Hospital
4 Services Trust Fund. Interest earned by the Fund shall be
5 credited to the Fund. The Fund shall not be used to replace
6 any funds appropriated to the Medicaid program by the General
7 Assembly.
8 (b) The Fund is created for the purpose of receiving and
9 disbursing monies in accordance with this Article XIV.
10 Disbursements from the Fund shall be made only:
11 (1) for hospital inpatient, hospital ambulatory
12 care, and disproportionate share hospital distributive
13 expenditures made under Title XIX of the Social Security
14 Act and Article V of this Code, as required by Section
15 14-8 of this Code;
16 (2) for the reimbursement of monies collected by
17 the Illinois Department from hospitals through error or
18 mistake;
19 (3) for payment of administrative expenses incurred
20 by the Illinois Department or its agent in performing the
21 activities authorized by Sections 14-3 through 14-7;
22 (4) for payments of any amounts which are
23 reimbursable to the federal government for payments from
24 this Fund which are required to be paid by State warrant;
25 and
26 (5) (Blank). for making transfers to the General
27 Obligation Bond Retirement and Interest Fund before
28 October 1, 1992, as those transfers are authorized in the
29 proceedings authorizing debt under the Short Term
30 Borrowing Act, but transfers made under this paragraph
31 (5) shall not exceed the principal amount of debt issued
32 in anticipation of the receipt by the State of moneys to
33 be deposited into the Fund.
34 Disbursements from this Fund, other than transfers to the
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1 General Obligation Bond Retirement and Interest Fund, shall
2 be by warrants drawn by the State Comptroller upon receipt of
3 vouchers duly executed and certified by the Illinois
4 Department.
5 (c) The Fund shall consist of:
6 (1) All monies collected or received by the
7 Illinois Department under Section 14-3 of this Code;
8 (2) All federal matching funds received by the
9 Illinois Department as a result of expenditures made by
10 the Illinois Department as required by Section 14-8 of
11 this Code, that are attributable to monies deposited in
12 the Fund;
13 (3) Any interest or penalty levied in conjunction
14 with the administration of the Fund; and
15 (4) All other monies received for the Fund from any
16 other source, including interest earned thereon.
17 (d) All payments received by the Illinois Department
18 shall be credited first to any interest or penalty, and then
19 to the fee due.
20 (Source: P.A. 89-626, eff. 8-9-96.)
21 Section 10-110. The Senior Citizens and Disabled Persons
22 Property Tax Relief and Pharmaceutical Assistance Act is
23 amended by changing Section 7.1 as follows:
24 (320 ILCS 25/7.1) (from Ch. 67 1/2, par. 407.1)
25 Sec. 7.1. Notwithstanding any other provision of this
26 Act to the contrary, the Department is authorized to limit
27 assistance and to reduce payment rates and grant amounts as
28 necessary to implement contingency reserves under the
29 Emergency Budget Act of Fiscal Year 1992, to the extent
30 permitted by federal law. Any such reduction or limitation
31 shall expire on July 1, 1992.
32 This Section is repealed on July 1, 1998.
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1 (Source: P.A. 87-838.)
2 Section 10-115. The Environmental Protection Act is
3 amended by changing Section 22.8 as follows:
4 (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
5 Sec. 22.8. Environmental Protection Permit and
6 Inspection Fund.
7 (a) There is hereby created in the State Treasury a
8 special fund to be known as the Environmental Protection
9 Permit and Inspection Fund. All fees collected by the Agency
10 pursuant to this Section, Section 9.6, 12.2, 16.1, 22.2
11 (j)(6)(E)(v)(IV), 56.4, 56.5, 56.6, and subsection (f) of
12 Section 5 of this Act or pursuant to Section 22 of the Public
13 Water Supply Operations Act and funds collected under
14 subsection (b.5) of Section 42 of this Act shall be deposited
15 into the Fund. In addition to any monies appropriated from
16 the General Revenue Fund, monies in the Fund shall be
17 appropriated by the General Assembly to the Agency in amounts
18 deemed necessary for manifest, permit, and inspection
19 activities and for processing requests under Section 22.2
20 (j)(6)(E)(v)(IV).
21 The General Assembly may appropriate monies in the Fund
22 deemed necessary for Board regulatory and adjudicatory
23 proceedings.
24 In addition to any other permitted use of moneys in the
25 Fund, and notwithstanding any restriction on the use of the
26 Fund, moneys in the Environmental Protection Permit and
27 Inspection Fund may be transferred to the General Revenue
28 Fund as authorized by this amendatory Act of 1992. The
29 General Assembly finds that an excess of moneys exists in the
30 Fund. On February 1, 1992, the Comptroller shall order
31 transferred and the Treasurer shall transfer $1,000,000 (or
32 such lesser amount as may be on deposit in the Fund and
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1 unexpended and unobligated on that date) from the Fund to the
2 General Revenue Fund.
3 (b) On and after January 1, 1989, the Agency shall
4 collect from the owner or operator of any of the following
5 types of hazardous waste disposal sites or management
6 facilities which require a RCRA permit under subsection (f)
7 of Section 21 of this Act, or a UIC permit under subsection
8 (g) of Section 12 of this Act, an annual fee in the amount
9 of:
10 (1) $35,000 for a hazardous waste disposal site
11 receiving hazardous waste if the hazardous waste disposal
12 site is located off the site where such waste was
13 produced;
14 (2) $9,000 for a hazardous waste disposal site
15 receiving hazardous waste if the hazardous waste disposal
16 site is located on the site where such waste was
17 produced;
18 (3) $7,000 for a hazardous waste disposal site
19 receiving hazardous waste if the hazardous waste disposal
20 site is an underground injection well;
21 (4) $2,000 for a hazardous waste management
22 facility treating hazardous waste by incineration;
23 (5) $1,000 for a hazardous waste management
24 facility treating hazardous waste by a method, technique
25 or process other than incineration;
26 (6) $1,000 for a hazardous waste management
27 facility storing hazardous waste in a surface impoundment
28 or pile; or
29 (7) $250 for a hazardous waste management facility
30 storing hazardous waste other than in a surface
31 impoundment or pile.
32 (c) Where two or more operational units are located
33 within a single hazardous waste disposal site, the Agency
34 shall collect from the owner or operator of such site an
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1 annual fee equal to the highest fee imposed by subsection (b)
2 of this Section upon any single operational unit within the
3 site.
4 (d) The fee imposed upon a hazardous waste disposal site
5 under this Section shall be the exclusive permit and
6 inspection fee applicable to hazardous waste disposal at such
7 site, provided that nothing in this Section shall be
8 construed to diminish or otherwise affect any fee imposed
9 upon the owner or operator of a hazardous waste disposal site
10 by Section 22.2.
11 (e) The Agency shall establish procedures, no later than
12 December 1, 1984, relating to the collection of the hazardous
13 waste disposal site fees authorized by this Section. Such
14 procedures shall include, but not be limited to the time and
15 manner of payment of fees to the Agency, which shall be
16 quarterly, payable at the beginning of each quarter for
17 hazardous waste disposal site fees. Annual fees required
18 under paragraph (7) of subsection (b) of this Section shall
19 accompany the annual report required by Board regulations for
20 the calendar year for which the report applies.
21 (f) For purposes of this Section, a hazardous waste
22 disposal site consists of one or more of the following
23 operational units:
24 (1) a landfill receiving hazardous waste for
25 disposal;
26 (2) a waste pile or surface impoundment, receiving
27 hazardous waste, in which residues which exhibit any of
28 the characteristics of hazardous waste pursuant to Board
29 regulations are reasonably expected to remain after
30 closure;
31 (3) a land treatment facility receiving hazardous
32 waste; or
33 (4) a well injecting hazardous waste.
34 (g) On and after January 1, 1989, the Agency shall
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1 assess a fee of $1.00 for each manifest provided by the
2 Agency, except that the Agency shall furnish up to 20
3 manifests requested by any generator at no charge and no
4 generator shall be required to pay more than $500 per year in
5 such manifest fees.
6 (Source: P.A. 88-106; 88-438; 88-496; 88-670; 89-79, eff.
7 6-30-95.)
8 Section 10-120. The Illinois Pesticide Act is amended by
9 changing Section 22.1 as follows:
10 (415 ILCS 60/22.1) (from Ch. 5, par. 822.1)
11 Sec. 22.1. Pesticide Control Fund. There is hereby
12 created in the State Treasury a special fund to be known as
13 the Pesticide Control Fund. All registration, penalty and
14 license fees collected by the Department pursuant to this Act
15 shall be deposited into the Fund. The amount annually
16 collected as fees shall be appropriated by the General
17 Assembly to the Department for the purposes of conducting a
18 public educational program on the proper use of pesticides,
19 for other activities related to the enforcement of this Act,
20 and for administration of the Insect Pest and Plant Disease
21 Act. However, the increase in fees in Sections 6, 10, and 13
22 of this Act resulting from this amendatory Act of 1990 shall
23 be used by the Department for the purpose of carrying out the
24 Department's powers and duties as set forth in paragraph 8 of
25 Section 19 of this Act. The monies collected under Section
26 13.1 of this Act shall be deposited in the Agrichemical
27 Incident Response Fund.
28 In addition to any other permitted use of moneys in the
29 Fund, and notwithstanding any restriction on the use of the
30 Fund, moneys in the Pesticide Control Fund may be transferred
31 to the General Revenue Fund as authorized by this amendatory
32 Act of 1992. The General Assembly finds that an excess of
HB0821 Engrossed -247- LRB9002999WHmg
1 moneys exists in the Fund. On February 1, 1992, the
2 Comptroller shall order transferred and the Treasurer shall
3 transfer $1,000,000 (or such lesser amount as may be on
4 deposit in the Fund and unexpended and unobligated on that
5 date) from the Fund to the General Revenue Fund.
6 (Source: P.A. 86-1172; 87-838.)
7 Section 10-125. The Illinois Vehicle Code is amended by
8 changing Section 18c-1601 as follows:
9 (625 ILCS 5/18c-1601) (from Ch. 95 1/2, par. 18c-1601)
10 Sec. 18c-1601. Deposit of Monies into the Transportation
11 Regulatory Fund.
12 (1) Deposit of Fees, Taxes, and Monies Other Than
13 Criminal Fines. All fees, penalties (other than criminal
14 penalties) or monies collected in settlement of enforcement
15 proceedings, taxes, and other monies collected under this
16 Chapter or which are transferred, appropriated or reimbursed
17 to the Commission for the purpose of administering and
18 enforcing this Chapter, shall be promptly paid into a special
19 fund in the State treasury known as the Transportation
20 Regulatory Fund.
21 (2) Accounting for Monies Received. The Commission shall
22 account separately for the receipt of monies from the
23 following classes:
24 (a) motor carriers of property (other than carriers
25 engaged in nonrelocation towing);
26 (b) rail carriers; and
27 (c) other monies.
28 The Commission may account separately with regard to
29 groups of persons within the foregoing classes.
30 (3) Deposit of criminal fines. Criminal fines collected
31 under this Chapter from motor carriers of property or persons
32 or entities found to have aided or abetted motor carriers of
HB0821 Engrossed -248- LRB9002999WHmg
1 property or passengers in violation of this Chapter shall be
2 disposed of in accordance with Section 16-105 of this Code.
3 Other criminal fines collected under this Chapter shall be
4 deposited into the Transportation Regulatory Fund in
5 accordance with subsection (1) of this Section.
6 (4) (Blank). Transfers. In addition to any other
7 permitted use of moneys in the Fund, and notwithstanding any
8 restriction on the use of the Fund, moneys in the
9 Transportation Regulatory Fund may be transferred to the
10 General Revenue Fund as authorized by this amendatory Act of
11 1992. The General Assembly finds that an excess of moneys
12 exists in the Fund. On February 1, 1992, the Comptroller
13 shall order transferred and the Treasurer shall transfer
14 $2,500,000 (or such lesser amount as may be on deposit in the
15 Fund and unexpended and unobligated on that date) from the
16 Fund to the General Revenue Fund.
17 (Source: P.A. 87-838.)
18 Section 10-130. The Violent Crime Victims Assistance Act
19 is amended by changing Section 10 as follows:
20 (725 ILCS 240/10) (from Ch. 70, par. 510)
21 (Text of Section before amendment by P.A. 89-688)
22 Sec. 10. Violent Crime Victims Assistance Fund.
23 (a) The "Violent Crime Victims Assistance Fund" is
24 created as a special fund in the State Treasury to provide
25 monies for the grants to be awarded under this Act.
26 In addition to any other permitted use of moneys in the
27 Fund, and notwithstanding any restriction on the use of the
28 Fund, moneys in the Violent Crime Victims Assistance Fund may
29 be transferred to the General Revenue Fund as authorized by
30 this amendatory Act of 1992. The General Assembly finds that
31 an excess of moneys exists in the Fund. On February 1, 1992,
32 the Comptroller shall order transferred and the Treasurer
HB0821 Engrossed -249- LRB9002999WHmg
1 shall transfer $3,850,000 (or such lesser amount as may be on
2 deposit in the Fund and unexpended and unobligated on that
3 date) from the Fund to the General Revenue Fund.
4 (b) On and after September 18, 1986, there shall be
5 added to each fine imposed upon conviction of any felony or
6 conviction of or disposition of supervision for any
7 misdemeanor, or upon conviction of or disposition of
8 supervision for any offense under the Illinois Vehicle Code,
9 exclusive of offenses enumerated in paragraph (a)(2) of
10 Section 6-204 of that Code, and exclusive of any offense
11 enumerated in Article VI of Chapter 11 of that Code relating
12 to restrictions, regulations and limitations on the speed at
13 which a motor vehicle is driven or operated, an additional
14 penalty of $4 for each $40, or fraction thereof, of fine
15 imposed. Such additional amounts shall be assessed by the
16 court and shall be collected by the Clerk of the Circuit
17 Court in addition to the fine and costs in the case. Each
18 such additional penalty collected under this subsection (b)
19 or subsection (c) of this Section shall be remitted by the
20 Clerk of the Circuit Court within one month after receipt to
21 the State Treasurer for deposit into the Violent Crime
22 Victims Assistance Fund, except as provided in subsection (g)
23 of this Section. Such additional penalty shall not be
24 considered a part of the fine for purposes of any reduction
25 made in the fine for time served either before or after
26 sentencing. Not later than March 1 of each year the Clerk of
27 the Circuit Court shall submit to the State Comptroller a
28 report of the amount of funds remitted by him to the State
29 Treasurer under this Section during the preceding calendar
30 year. Except as otherwise provided by Supreme Court Rules, if
31 a court in sentencing an offender levies a gross amount for
32 fine, costs, fees and penalties, the amount of the additional
33 penalty provided for herein shall be computed on the amount
34 remaining after deducting from the gross amount levied all
HB0821 Engrossed -250- LRB9002999WHmg
1 fees of the Circuit Clerk, the State's Attorney and the
2 Sheriff. After deducting from the gross amount levied the
3 fees and additional penalty provided for herein, less any
4 other additional penalties provided by law, the clerk shall
5 remit the net balance remaining to the entity authorized by
6 law to receive the fine imposed in the case. For purposes of
7 this Section "fees of the Circuit Clerk" shall include, if
8 applicable, the fee provided for under Section 27.3a of the
9 Clerks of Courts Act and the fee, if applicable, payable to
10 the county in which the violation occurred pursuant to
11 Section 5-1101 of the Counties Code.
12 (c) When any person is convicted in Illinois on or after
13 August 28, 1986, of an offense listed below, or placed on
14 supervision for such an offense on or after September 18,
15 1986, the court which enters the conviction or order for
16 supervision, if it does not impose a fine, shall impose, in
17 addition to any other penalty authorized by law, a charge in
18 accordance with the following schedule:
19 (1) $25, for any crime of violence as defined in
20 subsection (c) of Section 2 of the Crime Victims
21 Compensation Act; and
22 (2) $20, for any other felony or misdemeanor,
23 excluding any conservation offense.
24 Such charge shall not be subject to the provisions of
25 Section 110-14 of the Code of Criminal Procedure of 1963.
26 (d) Monies forfeited, and proceeds from the sale of
27 property forfeited and seized, under the forfeiture
28 provisions of Section 11-20.1A of the Criminal Code of 1961
29 shall be accepted for the Violent Crime Victims Assistance
30 Fund.
31 (e) Investment income which is attributable to the
32 investment of monies in the Violent Crime Victims Assistance
33 Fund shall be credited to that fund for uses specified in
34 this Act. The Treasurer shall provide the Attorney General a
HB0821 Engrossed -251- LRB9002999WHmg
1 monthly status report on the amount of money in the Fund.
2 (f) Monies from the fund may be granted on and after
3 July 1, 1984.
4 (g) All amounts and charges imposed under this Section
5 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
6 Vehicle Code, or a similar provision of a local ordinance, or
7 any violation of the Child Passenger Protection Act, or a
8 similar provision of a local ordinance, shall be collected
9 and disbursed by the circuit clerk as provided under Section
10 27.5 of the Clerks of Courts Act.
11 (Source: P.A. 86-1475; 87-670; 87-838; 87-895.)
12 (Text of Section after amendment by P.A. 89-688)
13 Sec. 10. Violent Crime Victims Assistance Fund.
14 (a) The "Violent Crime Victims Assistance Fund" is
15 created as a special fund in the State Treasury to provide
16 monies for the grants to be awarded under this Act.
17 In addition to any other permitted use of moneys in the
18 Fund, and notwithstanding any restriction on the use of the
19 Fund, moneys in the Violent Crime Victims Assistance Fund may
20 be transferred to the General Revenue Fund as authorized by
21 this amendatory Act of 1992. The General Assembly finds that
22 an excess of moneys exists in the Fund. On February 1, 1992,
23 the Comptroller shall order transferred and the Treasurer
24 shall transfer $3,850,000 (or such lesser amount as may be on
25 deposit in the Fund and unexpended and unobligated on that
26 date) from the Fund to the General Revenue Fund.
27 (b) On and after September 18, 1986, there shall be an
28 additional penalty collected from each defendant upon
29 conviction of any felony or upon conviction of or disposition
30 of supervision for any misdemeanor, or upon conviction of or
31 disposition of supervision for any offense under the Illinois
32 Vehicle Code, exclusive of offenses enumerated in paragraph
33 (a)(2) of Section 6-204 of that Code, and exclusive of any
34 offense enumerated in Article VI of Chapter 11 of that Code
HB0821 Engrossed -252- LRB9002999WHmg
1 relating to restrictions, regulations and limitations on the
2 speed at which a motor vehicle is driven or operated, an
3 additional penalty of $4 for each $40, or fraction thereof,
4 of fine imposed. Such additional amounts shall be collected
5 by the Clerk of the Circuit Court in addition to the fine and
6 costs in the case. Each such additional penalty collected
7 under this subsection (b) or subsection (c) of this Section
8 shall be remitted by the Clerk of the Circuit Court within
9 one month after receipt to the State Treasurer for deposit
10 into the Violent Crime Victims Assistance Fund, except as
11 provided in subsection (g) of this Section. Such additional
12 penalty shall not be considered a part of the fine for
13 purposes of any reduction made in the fine for time served
14 either before or after sentencing. Not later than March 1 of
15 each year the Clerk of the Circuit Court shall submit to the
16 State Comptroller a report of the amount of funds remitted by
17 him to the State Treasurer under this Section during the
18 preceding calendar year. Except as otherwise provided by
19 Supreme Court Rules, if a court in sentencing an offender
20 levies a gross amount for fine, costs, fees and penalties,
21 the amount of the additional penalty provided for herein
22 shall be computed on the amount remaining after deducting
23 from the gross amount levied all fees of the Circuit Clerk,
24 the State's Attorney and the Sheriff. After deducting from
25 the gross amount levied the fees and additional penalty
26 provided for herein, less any other additional penalties
27 provided by law, the clerk shall remit the net balance
28 remaining to the entity authorized by law to receive the fine
29 imposed in the case. For purposes of this Section "fees of
30 the Circuit Clerk" shall include, if applicable, the fee
31 provided for under Section 27.3a of the Clerks of Courts Act
32 and the fee, if applicable, payable to the county in which
33 the violation occurred pursuant to Section 5-1101 of the
34 Counties Code.
HB0821 Engrossed -253- LRB9002999WHmg
1 (c) When any person is convicted in Illinois on or after
2 August 28, 1986, of an offense listed below, or placed on
3 supervision for such an offense on or after September 18,
4 1986, and no other fine is imposed, the following penalty
5 shall be collected by the Circuit Court Clerk:
6 (1) $25, for any crime of violence as defined in
7 subsection (c) of Section 2 of the Crime Victims
8 Compensation Act; and
9 (2) $20, for any other felony or misdemeanor,
10 excluding any conservation offense.
11 Such charge shall not be subject to the provisions of
12 Section 110-14 of the Code of Criminal Procedure of 1963.
13 (d) Monies forfeited, and proceeds from the sale of
14 property forfeited and seized, under the forfeiture
15 provisions of Section 11-20.1A of the Criminal Code of 1961
16 shall be accepted for the Violent Crime Victims Assistance
17 Fund.
18 (e) Investment income which is attributable to the
19 investment of monies in the Violent Crime Victims Assistance
20 Fund shall be credited to that fund for uses specified in
21 this Act. The Treasurer shall provide the Attorney General a
22 monthly status report on the amount of money in the Fund.
23 (f) Monies from the fund may be granted on and after
24 July 1, 1984.
25 (g) All amounts and charges imposed under this Section
26 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
27 Vehicle Code, or a similar provision of a local ordinance, or
28 any violation of the Child Passenger Protection Act, or a
29 similar provision of a local ordinance, shall be collected
30 and disbursed by the circuit clerk as provided under Section
31 27.5 of the Clerks of Courts Act.
32 (Source: P.A. 89-688, eff. 6-1-97.)
33 ARTICLE 99
HB0821 Engrossed -254- LRB9002999WHmg
1 Section 99-1. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 99-3. No revival or extension. This Act does
9 not revive or extend any Section or Act otherwise repealed.
10 Section 99-5. Effective date. This Act takes effect on
11 July 1, 1998.
HB0821 Engrossed -255- LRB9002999WHmg
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 100/5-110 from Ch. 127, par. 1005-110
4 5 ILCS 260/2 from Ch. 103, par. 2
5 15 ILCS 205/2 from Ch. 14, par. 2
6 15 ILCS 305/1 from Ch. 124, par. 1
7 15 ILCS 310/3 from Ch. 124, par. 103
8 15 ILCS 310/4 from Ch. 124, par. 104
9 15 ILCS 310/6a from Ch. 124, par. 106a
10 15 ILCS 310/7 from Ch. 124, par. 107
11 15 ILCS 310/7a from Ch. 124, par. 107a
12 15 ILCS 310/7b from Ch. 124, par. 107b
13 15 ILCS 310/7c from Ch. 124, par. 107c
14 15 ILCS 310/8c from Ch. 124, par. 108c
15 15 ILCS 405/3 from Ch. 15, par. 203
16 15 ILCS 505/1 from Ch. 130, par. 1
17 15 ILCS 505/3 from Ch. 130, par. 3
18 15 ILCS 505/6 from Ch. 130, par. 6
19 20 ILCS 5/6.28 from Ch. 127, par. 6.28
20 20 ILCS 5/7.01 from Ch. 127, par. 7.01
21 20 ILCS 5/15 from Ch. 127, par. 15
22 20 ILCS 435/Act title
23 20 ILCS 435/1 from Ch. 127, par. 1401
24 20 ILCS 435/2 from Ch. 127, par. 1402
25 20 ILCS 435/3 from Ch. 127, par. 1403
26 20 ILCS 435/4 from Ch. 127, par. 1404
27 20 ILCS 435/5.1 from Ch. 127, par. 1405.1
28 20 ILCS 435/6 from Ch. 127, par. 1406
29 20 ILCS 510/65.4 from Ch. 127, par. 63b11.4
30 20 ILCS 605/46.50 from Ch. 127, par. 46.50
31 20 ILCS 805/63a13 from Ch. 127, par. 63a13
32 20 ILCS 805/63a27 from Ch. 127, par. 63a27
33 20 ILCS 805/63a35 from Ch. 127, par. 63a35
34 20 ILCS 805/63b2.7 from Ch. 127, par. 63b2.7
HB0821 Engrossed -256- LRB9002999WHmg
1 20 ILCS 1005/43a.01 from Ch. 127, par. 43a.01
2 20 ILCS 1005/43a.09 from Ch. 127, par. 43a.09
3 20 ILCS 1015/1 from Ch. 48, par. 173
4 20 ILCS 1015/1a from Ch. 48, par. 174
5 20 ILCS 1015/1c from Ch. 48, par. 176
6 20 ILCS 1015/3 from Ch. 48, par. 179
7 20 ILCS 1015/4 from Ch. 48, par. 180
8 20 ILCS 1015/4a from Ch. 48, par. 181
9 20 ILCS 1015/5 from Ch. 48, par. 182
10 20 ILCS 1015/8.1 from Ch. 48, par. 184.1
11 20 ILCS 1015/8.3 from Ch. 48, par. 184.3
12 20 ILCS 1105/14 from Ch. 96 1/2, par. 7414
13 20 ILCS 1105/16 from Ch. 96 1/2, par. 7415
14 20 ILCS 1505/43.01 from Ch. 127, par. 43.01
15 20 ILCS 1505/43.03 from Ch. 127, par. 43.03
16 20 ILCS 1505/43.04 from Ch. 127, par. 43.04
17 20 ILCS 1505/43.05 from Ch. 127, par. 43.05
18 20 ILCS 1505/43.19 from Ch. 127, par. 43.19
19 20 ILCS 1605/28 from Ch. 120, par. 1178
20 20 ILCS 1705/16.2 from Ch. 91 1/2, par. 100-16.2
21 20 ILCS 1705/34.2 from Ch. 91 1/2, par. 100-34.2
22 20 ILCS 1705/55 from Ch. 91 1/2, par. 100-55
23 20 ILCS 1820/3.1 new
24 20 ILCS 2215/3-11 new
25 20 ILCS 2310/55.12 from Ch. 127, par. 55.12
26 20 ILCS 2315/1.1 new
27 20 ILCS 2405/12a from Ch. 23, par. 3443a
28 20 ILCS 2405/13 from Ch. 23, par. 3444
29 20 ILCS 2505/39b8 from Ch. 127, par. 39b8
30 20 ILCS 2505/39b9 from Ch. 127, par. 39b9
31 20 ILCS 2505/39b25 from Ch. 127, par. 39b25
32 20 ILCS 2505/39b34 from Ch. 127, par. 39b34
33 20 ILCS 2505/39b46 from Ch. 127, par. 39b46
34 20 ILCS 2705/49.32 from Ch. 127, par. 49.32
HB0821 Engrossed -257- LRB9002999WHmg
1 20 ILCS 2710/3.1 new
2 20 ILCS 3105/11 from Ch. 127, par. 781
3 20 ILCS 3925/4.1 new
4 20 ILCS 4025/5.1 new
5 30 ILCS 105/3 from Ch. 127, par. 139
6 30 ILCS 105/6h from Ch. 127, par. 142h
7 30 ILCS 105/6v from Ch. 127, par. 142v
8 30 ILCS 105/8.1 from Ch. 127, par. 144.1
9 30 ILCS 105/8.21 from Ch. 127, par. 144.21
10 30 ILCS 105/8a from Ch. 127, par. 144a
11 30 ILCS 140/1.1 new
12 30 ILCS 180/1.1 new
13 30 ILCS 805/4 from Ch. 85, par. 2204
14 65 ILCS 5/2-4-6 from Ch. 24, par. 2-4-6
15 70 ILCS 505/25.1 new
16 105 ILCS 5/2-2 from Ch. 122, par. 2-2
17 105 ILCS 5/2-3.23 from Ch. 122, par. 2-3.23
18 105 ILCS 5/2-3.42 from Ch. 122, par. 2-3.42
19 105 ILCS 5/2-3.47 from Ch. 122, par. 2-3.47
20 105 ILCS 5/27-7 from Ch. 122, par. 27-7
21 105 ILCS 110/5 from Ch. 122, par. 865
22 105 ILCS 220/9.1 new
23 110 ILCS 10/2 from Ch. 144, par. 226
24 110 ILCS 205/6.3 from Ch. 144, par. 186.3
25 110 ILCS 205/9.14 from Ch. 144, par. 189.14
26 110 ILCS 305/1b from Ch. 144, par. 22b
27 110 ILCS 390/1.1 new
28 110 ILCS 505/1.1 new
29 110 ILCS 515/7.1 new
30 110 ILCS 805/2-4 from Ch. 122, par. 102-4
31 110 ILCS 805/6-5.3a from Ch. 122, par. 106-5.3a
32 110 ILCS 805/6-5.9 from Ch. 122, par. 106-5.9
33 110 ILCS 805/6-7 from Ch. 122, par. 106-7
34 110 ILCS 805/6-7.1 from Ch. 122, par. 106-7.1
HB0821 Engrossed -258- LRB9002999WHmg
1 110 ILCS 805/6-7.2 from Ch. 122, par. 106-7.2
2 110 ILCS 805/6-7.3 from Ch. 122, par. 106-7.3
3 110 ILCS 805/6-7.4 from Ch. 122, par. 106-7.4
4 110 ILCS 805/6-7.5 from Ch. 122, par. 106-7.5
5 110 ILCS 920/3 from Ch. 144, par. 2403
6 110 ILCS 920/11 from Ch. 144, par. 2411
7 110 ILCS 947/30
8 210 ILCS 75/7.1 new
9 215 ILCS 5/132.2 from Ch. 73, par. 744.2
10 215 ILCS 5/355a from Ch. 73, par. 967a
11 215 ILCS 5/488.2 new
12 215 ILCS 5/512-3 from Ch. 73, par. 1065.59-3
13 215 ILCS 5/1003 from Ch. 73, par. 1065.703
14 215 ILCS 125/1-2 from Ch. 111 1/2, par. 1402
15 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
16 215 ILCS 125/5-6 from Ch. 111 1/2, par. 1414
17 215 ILCS 135/46.1 new
18 220 ILCS 5/7-202 from Ch. 111 2/3, par. 7-202
19 220 ILCS 5/11-302 from Ch. 111 2/3, par. 11-302
20 220 ILCS 5/13-301.1 from Ch. 111 2/3, par. 13-301.1
21 225 ILCS 515/10 from Ch. 111, par. 910
22 225 ILCS 515/10.1 from Ch. 111, par. 911
23 225 ILCS 705/4.15 from Ch. 96 1/2, par. 415
24 225 ILCS 705/4.16 from Ch. 96 1/2, par. 416
25 225 ILCS 705/4.35 from Ch. 96 1/2, par. 435
26 305 ILCS 5/3-8 from Ch. 23, par. 3-8
27 305 ILCS 5/4-1.2b from Ch. 23, par. 4-1.2b
28 305 ILCS 5/4-2 from Ch. 23, par. 4-2
29 305 ILCS 5/4-10 from Ch. 23, par. 4-10
30 305 ILCS 5/4-14 from Ch. 23, par. 4-14
31 305 ILCS 5/5-5.16 from Ch. 23, par. 5-5.16
32 305 ILCS 5/5-12 from Ch. 23, par. 5-12
33 305 ILCS 5/6-2 from Ch. 23, par. 6-2
34 305 ILCS 5/6-6 from Ch. 23, par. 6-6
HB0821 Engrossed -259- LRB9002999WHmg
1 305 ILCS 5/12-4.7a from Ch. 23, par. 12-4.7a
2 305 ILCS 5/12-4.11 from Ch. 23, par. 12-4.11
3 305 ILCS 5/12-4.20b from Ch. 23, par. 12-4.20b
4 305 ILCS 5/12-6 from Ch. 23, par. 12-6
5 305 ILCS 15/8.1 new
6 310 ILCS 5/46 from Ch. 67 1/2, par. 196
7 310 ILCS 5/46.1 from Ch. 67 1/2, par. 196.1
8 310 ILCS 20/7 from Ch. 67 1/2, par. 59
9 330 ILCS 50/1 from Ch. 48, par. 186a
10 330 ILCS 50/2 from Ch. 48, par. 186b
11 405 ILCS 35/3 from Ch. 91 1/2, par. 1103
12 405 ILCS 35/4 from Ch. 91 1/2, par. 1104
13 415 ILCS 5/9.7 from Ch. 111 1/2, par. 1009.7
14 415 ILCS 5/19.7 from Ch. 111 1/2, par. 1019.7
15 415 ILCS 20/3 from Ch. 111 1/2, par. 7053
16 415 ILCS 20/6.2 from Ch. 111 1/2, par. 7056.2
17 415 ILCS 110/2009 from Ch. 96 1/2, par. 9759
18 420 ILCS 50/6 from Ch. 111 1/2, par. 243-6
19 705 ILCS 5/11 from Ch. 37, par. 16
20 705 ILCS 65/4 from Ch. 37, par. 644
21 730 ILCS 160/15.1 new
22 730 ILCS 165/14.1 new
23 820 ILCS 405/1511 from Ch. 48, par. 581
24 820 ILCS 405/1705 from Ch. 48, par. 615
25 20 ILCS 105/4.05 from Ch. 23, par. 6104.05
26 20 ILCS 1705/18.1 from Ch. 91 1/2, par. 100-18.1
27 20 ILCS 1805/22-7 from Ch. 129, par. 220.22-7
28 20 ILCS 2605/55a from Ch. 127, par. 55a
29 30 ILCS 105/5 from Ch. 127, par. 141
30 30 ILCS 105/6 from Ch. 127, par. 142
31 30 ILCS 105/6z-11 from Ch. 127, par. 142z-11
32 30 ILCS 105/8.8b from Ch. 127, par. 144.8b
33 30 ILCS 105/8.20 from Ch. 127, par. 144.20
34 30 ILCS 105/8.25 from Ch. 127, par. 144.25
HB0821 Engrossed -260- LRB9002999WHmg
1 30 ILCS 105/8c from Ch. 127, par. 144c
2 30 ILCS 105/8d from Ch. 127, par. 144d
3 30 ILCS 105/10 from Ch. 127, par. 146
4 30 ILCS 185/502 new
5 30 ILCS 730/4 from Ch. 96 1/2, par. 8204
6 30 ILCS 750/10-6 from Ch. 127, par. 2710-6
7 215 ILCS 5/408.3 from Ch. 73, par. 1020.3
8 215 ILCS 5/509.1 from Ch. 73, par. 1065.56-1
9 225 ILCS 65/24 from Ch. 111, par. 3524
10 225 ILCS 85/27 from Ch. 111, par. 4147
11 225 ILCS 100/19 from Ch. 111, par. 4819
12 225 ILCS 455/16 from Ch. 111, par. 5816
13 225 ILCS 455/17 from Ch. 111, par. 5817
14 230 ILCS 30/14 from Ch. 120, par. 1134
15 305 ILCS 5/5-4.21 from Ch. 23, par. 5-4.21
16 305 ILCS 5/5-4.31 from Ch. 23, par. 5-4.31
17 305 ILCS 5/5-12 from Ch. 23, par. 5-12
18 305 ILCS 5/6-2 from Ch. 23, par. 6-2
19 305 ILCS 5/6-6 from Ch. 23, par. 6-6
20 305 ILCS 5/14-2 from Ch. 23, par. 14-2
21 320 ILCS 25/7.1 from Ch. 67 1/2, par. 407.1
22 415 ILCS 5/22.8 from Ch. 111 1/2, par. 1022.8
23 415 ILCS 60/22.1 from Ch. 5, par. 822.1
24 625 ILCS 5/18c-1601 from Ch. 95 1/2, par. 18c-1601
25 725 ILCS 240/10 from Ch. 70, par. 510