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90_HB0821enr
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Provides that specified Acts are repealed on July 1,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 5-20. The Election Code is amended by changing
9 Section 6-61 as follows:
10 (10 ILCS 5/6-61) (from Ch. 46, par. 6-61)
11 Sec. 6-61. It shall be the duty of the clerk of any court
12 where parties are tried or convicted of penitentiary offenses
13 in the county where such city, village or incorporated town
14 is located, to furnish monthly to such board of commissioners
15 the names of all parties convicted or sentenced for any
16 crime, the punishment of which is confinement in the
17 penitentiary, and their place of residence if such fact be in
18 the possession of such clerk. It shall be the duty of the
19 Governor of the state, or court, as the case may be, on or
20 before the first day of October in each year, to furnish to
21 such commissioners of election the names of all persons
22 released from the penitentiary or discharged from probation
23 for any crime of which such person was convicted in a court
24 in a county where said city, village or incorporated town is
25 located and to whom a certificate has been issued restoring
26 his rights of citizenship.
27 (Source: Laws 1943, vol. 2, p. 1.)
28 Section 5-30. The Attorney General Act is amended by
29 changing Section 2 as follows:
30 (15 ILCS 205/2) (from Ch. 14, par. 2)
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1 Sec. 2. Whenever the governor shall deem any bond filed
2 by the attorney general insufficient, the governor may
3 require additional bond, in any penalty not exceeding that
4 specified in Section 1 of this Act.
5 This Section is repealed on July 1, 1998.
6 (Source: P.A. 86-962.)
7 Section 5-35. The Secretary of State Act is amended by
8 changing Section 1 as follows:
9 (15 ILCS 305/1) (from Ch. 124, par. 1)
10 Sec. 1. Bond. The Secretary of State shall give bond,
11 before entering upon the duties of his or her office, give
12 bonds, with two or more sufficient sureties, to be approved
13 by the Governor and two justices of the Supreme Court,
14 payable to the People of the State of Illinois, in the penal
15 sum of $100,000 by inclusion in the blanket bond or bonds or
16 self-insurance program provided for in Sections 14.1 and 14.2
17 of the Official Bond Act. The bond shall be, conditioned (i)
18 for the faithful discharge of the Secretary's his duties, and
19 (ii) to deliver up all papers, books, records, and other
20 property appertaining to his or her office, whole, safe, and
21 undefaced, to the his successor in office, and (iii) to
22 account for and pay over to the State Treasurer all moneys
23 that may be received by the Secretary him as fees of his or
24 her office, as required by law; which bond shall be entered
25 upon the records of his office and deposited in the office of
26 the State Comptroller.
27 (Source: P.A. 78-592.)
28 Section 5-37. The Secretary of State Merit Employment
29 Code is amended by changing Sections 3, 4, 6a, 7, 7a, 7b, 7c,
30 and 8c as follows:
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1 (15 ILCS 310/3) (from Ch. 124, par. 103)
2 Sec. 3. Definitions. For the purpose of this Act, unless
3 the context indicates otherwise, the following words shall
4 have the meanings ascribed to them as follows:
5 "Board". The Merit Advisory Board created by this Act.
6 "Commission". The Merit Commission created by this Act.
7 "Department". Department of Personnel-Secretary of State.
8 "Director". Director of the Department of
9 Personnel-Secretary of State.
10 (Source: P.A. 80-13.)
11 (15 ILCS 310/4) (from Ch. 124, par. 104)
12 Sec. 4. Organization. There is created in the Office of
13 the Secretary of State:
14 (a) a Department of Personnel, headed by a Director,
15 which shall be a division of the Office of the Secretary of
16 State with primary responsibility for personnel transactions;
17 and
18 (b) a Merit Advisory Board; and
19 (b) (c) a Merit Commission.
20 (Source: P.A. 80-13.)
21 (15 ILCS 310/6a) (from Ch. 124, par. 106a)
22 Sec. 6a. Director - powers and duties. The Director
23 shall have the following duties and responsibilities:
24 (1) To apply and carry out this law and the rules
25 adopted hereunder.
26 (2) To attend meetings of the Commission and when
27 requested, of the Merit Advisory Board.
28 (3) To establish and maintain a roster of all employees
29 subject to this Act, in which there shall be set forth, as to
30 each employee, the class, title, pay status, and other
31 pertinent data.
32 (4) Subject to such exemptions or modifications as may
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1 be necessary to assure the continuity of federal
2 contributions for positions paid from federal funds, to make
3 appointments to vacancies; to approve all written charges
4 seeking discharge, demotion, or other disciplinary measures
5 provided in this Act and to approve transfers of employees
6 from one geographical area to another in the State.
7 (5) To formulate and administer service wide policies
8 and programs for the improvement of employee effectiveness,
9 including training, safety, health, incentive recognition,
10 counseling, welfare and employee relations.
11 (6) To conduct negotiations affecting pay, hours of
12 work, or other working conditions of employees subject to
13 this Act.
14 (7) To investigate from time to time the operation and
15 effect of this law and the rules made thereunder and to
16 report his findings and recommendations to the Advisory
17 Board, the Commission and the Secretary of State.
18 (8) To make such reports as he may consider desirable,
19 to the Advisory Board, the Commission and the Secretary of
20 State, or as the Secretary of State or, Commission or
21 Advisory Board may request.
22 (9) To enter into agreements with professional or
23 educational organizations or the Illinois State Department of
24 Central Management Services for the purpose of obtaining
25 professional or technical assistance in the administration of
26 this Act.
27 (10) To perform any other lawful acts necessary or
28 desirable to carry out the purposes and provisions of this
29 law.
30 (Source: P.A. 82-789.)
31 (15 ILCS 310/7) (from Ch. 124, par. 107)
32 Sec. 7. Merit Advisory Board. There shall be a Merit
33 Advisory Board to the Department of Personnel of 5 members,
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1 to be appointed by the Secretary of State, who are proficient
2 in the field of personnel administration as a result of
3 training or experience. Not more than 3 members may be
4 affiliated with the same political party.
5 This Section is repealed on July 1, 1998.
6 (Source: P.A. 80-13.)
7 (15 ILCS 310/7a) (from Ch. 124, par. 107a)
8 Sec. 7a. Terms - compensation. Members of the Merit
9 Advisory Board shall initially be appointed as follows:
10 (1) Two members to serve until the 3rd Monday of
11 January, 1979, and until their respective successors are
12 appointed; and
13 (2) Three members to serve until the 3rd Monday of
14 January, 1981, and until their respective successors are
15 appointed.
16 As terms of members so appointed expire, their successors
17 shall be appointed for terms to expire the 3rd Monday in
18 January 4 years thereafter, or until their respective
19 successors are appointed.
20 One member of the Board shall be appointed a chairman by
21 the Secretary of State for a two-year term. The Secretary of
22 State may appoint the chairman for consecutive terms.
23 The Secretary of State may fill vacancies on the Board.
24 Members of the Board shall receive no compensation for
25 their services, but shall be reimbursed for necessary
26 traveling and other official expenses.
27 This Section is repealed on July 1, 1998.
28 (Source: P.A. 80-13.)
29 (15 ILCS 310/7b) (from Ch. 124, par. 107b)
30 Sec. 7b. Meetings. Meetings of the Merit Advisory Board
31 shall be held at least 4 times a year on call of the
32 chairman, or upon call signed by any 3 members, or upon call
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1 by the Director of Personnel. Three members of the Board
2 constitute a quorum.
3 This Section is repealed on July 1, 1998.
4 (Source: P.A. 80-13.)
5 (15 ILCS 310/7c) (from Ch. 124, par. 107c)
6 Sec. 7c. Powers. In addition to the duties imposed
7 elsewhere in this Act, the Merit Commission Advisory Board
8 may:
9 (1) advise the Secretary of State and the Director of
10 Personnel on problems concerning personnel administration.
11 (2) Obtain from the Director of the Department of
12 Personnel and from the Merit Commission such reports as it
13 may consider desirable.
14 (3) Foster the interest of institutions of learning and
15 of industrial, civic, professional and employee organizations
16 in the improvement of personnel standards in the Office of
17 the Secretary of State.
18 (Source: P.A. 80-13.)
19 (15 ILCS 310/8c) (from Ch. 124, par. 108c)
20 Sec. 8c. Duties and powers of the Commission. The Merit
21 Commission, in addition to any other duties prescribed in
22 this Act, shall have the following duties and powers:
23 (1) Upon written recommendations by the Director of
24 Personnel, to exempt from jurisdiction B of this Act
25 positions which, in the judgment of the Commission, are by
26 their nature highly confidential or involve principal
27 administrative responsibility for the determination of policy
28 or principal administrative responsibility for the way in
29 which policies are carried out. No position which has the
30 powers of a law enforcement officer, except executive
31 security officers, may be exempted under this section.
32 (2) To require such special reports from the Director as
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1 it may consider desirable.
2 (3) To disapprove original rules or any part thereof and
3 any amendment thereof within 30 calendar days after the
4 submission of such rules to the Merit Commission by the
5 Director.
6 (4) To disapprove within 30 calendar days from date of
7 submission the position classification plan and any revisions
8 thereof submitted by the Director as provided in the rules.
9 (5) To hear appeals of employees who do not accept the
10 allocation of their positions under the classification plan.
11 (6) To hear and approve or disapprove written charges
12 filed seeking the discharge or demotion of employees or
13 suspension totaling more than 30 calendar days in any 12
14 month period, as provided in Section 9, appeals as provided
15 in Section 9a of this Act, and appeals from transfers from
16 one geographical area in the state to another, and in
17 connection therewith to administer oaths, subpoena witnesses
18 and compel the production of books and papers.
19 (7) (Blank). To furnish reports requested by the Merit
20 Advisory Board.
21 (8) To make an annual report regarding the work of the
22 Commission to the Secretary of State, such report to be a
23 public record.
24 (9) If any violation of this Act is found, the
25 Commission shall direct compliance in writing.
26 (10) To appoint such employees, experts and special
27 assistants as may be necessary to carry out the powers and
28 duties of the commission under this Act. Employees, experts
29 and special assistants so appointed by the Commission shall
30 be subject to jurisdictions A, B and C of this Act.
31 (11) To promulgate rules and regulations necessary to
32 carry out and implement their powers and duties under this
33 Act, with authority to amend such rules from time to time
34 pursuant to The Illinois Administrative Procedure Act.
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1 (12) Within one year of the effective date of this
2 amendatory Act of 1985, the Commission shall adopt rules and
3 regulations which shall include all Commission policies
4 implementing its duties under Sections 8, 9, 10 and 15 of
5 this Act. These rules and regulations shall include, but not
6 be limited to, the standards and criteria used by the
7 Commission and Hearing Officers in making discretionary
8 determinations during hearing procedures.
9 (13) To hear or conduct investigations as it deems
10 necessary of appeals of layoff filed by employees appointed
11 under Jurisdiction B after examination, provided that such
12 appeals are filed within 15 calendar days following the
13 effective date of such layoff and are made on the basis that
14 the provisions of the Secretary of State Merit Employment
15 Code or the rules promulgated thereunder have been violated
16 or have not been complied with. All hearings shall be public.
17 A decision shall be rendered within 60 days after receipt of
18 the transcript of the proceedings. The Commission shall
19 order the reinstatement of the employee if it is proven that
20 the provisions of the Secretary of State Merit Employment
21 Code or the rules promulgated thereunder have been violated
22 or have not been complied with. In connection therewith the
23 Commission may administer oaths, subpoena witnesses, and
24 compel the production of books and papers.
25 (Source: P.A. 84-793.)
26 Section 5-45. The State Comptroller Act is amended by
27 changing Section 3 as follows:
28 (15 ILCS 405/3) (from Ch. 15, par. 203)
29 Sec. 3. Oath and Bond. Before entering upon the duties of
30 his or her office, the Comptroller shall take and subscribe
31 to the oath or affirmation prescribed by Article XIII,
32 Section 3 of the constitution and shall give bond, with 2 or
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1 more sureties to be approved by the Governor and 2 justices
2 of the Supreme Court, payable to the People of the State of
3 Illinois in the sum of $1,000,000 by inclusion in the blanket
4 bond or bonds or self insurance program provided for in
5 Sections 14.1 and 14.2 of the Official Bond Act. The bond
6 shall be and conditioned (i) on the faithful discharge of the
7 Comptroller's his duties, (ii) on the delivery of all papers,
8 books, records, and other property appertaining to his or her
9 office, whole, safe, and undefaced, to the his successor in
10 office, and (iii) on the Comptroller his giving such
11 additional bonds, with sufficient sureties, as may be legally
12 required.
13 Whenever he considers any bond filed by the comptroller
14 to be insufficient, the Governor may require additional bond,
15 in any penalty not exceeding $1,000,000.
16 The oath or affirmation and each bond required by this
17 Section shall be filed in the office of the Secretary of
18 State.
19 (Source: P.A. 77-2807.)
20 Section 5-50. The State Treasurer Act is amended by
21 changing Sections 1, 3, and 6 as follows:
22 (15 ILCS 505/1) (from Ch. 130, par. 1)
23 Sec. 1. Bond. That the Treasurer of this State shall
24 give bond, before entering upon the duties of his or her
25 office, give bond with two or more sufficient sureties, to be
26 approved by the Governor and two justices of the Supreme
27 Court, payable to the People of the State of Illinois, in the
28 penal sum of $500,000 by inclusion in the blanket bond or
29 bonds or self-insurance program provided for in Sections 14.1
30 and 14.2 of the Official Bond Act. The bond shall be,
31 conditioned (i) for the faithful discharge of the Treasurer's
32 his duties, and (ii) to deliver up all moneys, papers, books,
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1 records, and other property appertaining to his or her
2 office, whole, safe, and undefaced, to the his successor in
3 office, and (iii) that the Treasurer he will give additional
4 bonds, with sufficient sureties, when legally required; which
5 bond shall be filed in the office of the Secretary of State.
6 (Source: Laws 1873, p. 186.)
7 (15 ILCS 505/3) (from Ch. 130, par. 3)
8 Sec. 3. Whenever the Governor shall deem any bond filed
9 by the treasurer insufficient, he may require additional
10 bond, in any penalty not exceeding that specified in Section
11 1 hereof.
12 This Section is repealed on July 1, 1998.
13 (Source: Laws 1873, p. 186.)
14 (15 ILCS 505/6) (from Ch. 130, par. 6)
15 Sec. 6. Whenever the condition of the bond of the
16 Treasurer is broken, it shall be the duty of the Governor to
17 order the same to be prosecuted. Suit may be instituted and
18 prosecuted thereon to final judgment against the Treasurer or
19 his sureties, or one or more of them, jointly or severally,
20 without first establishing the liability of the Treasurer, by
21 obtaining judgment against him alone.
22 This Section is repealed on July 1, 1998.
23 (Source: Laws 1873, p. 186.)
24 Section 5-55. The Civil Administrative Code of Illinois
25 is amended by changing Sections 6.28, 7.01, and 15 as
26 follows:
27 (20 ILCS 5/6.28) (from Ch. 127, par. 6.28)
28 Sec. 6.28. In the Department of Employment Security. An
29 Employment Security Advisory Board A Board of Unemployment
30 Compensation and Free Employment Office Advisors, composed of
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1 9 persons.
2 (Source: P.A. 83-1503.)
3 (20 ILCS 5/7.01) (from Ch. 127, par. 7.01)
4 Sec. 7.01. Employment Security Advisory Board; members.
5 Of the 9 nine members of the Employment Security Advisory
6 Board of Unemployment Compensation and Free Employment Office
7 Advisors, 3 three members shall be representative citizens
8 chosen from the employee class, 3 three members shall be
9 representative citizens chosen from the employing class, and
10 3 three members shall be representative citizens not
11 identified with either the employing or employee classes.
12 Of the five local Illinois Free employment office
13 advisors, two shall be representative citizens of the
14 employee class, two shall be representative citizens chosen
15 from the employing class, and the other shall be a
16 representative citizen not identified with either the
17 employing or employee classes.
18 (Source: Laws 1957, p. 1270.)
19 (20 ILCS 5/15) (from Ch. 127, par. 15)
20 Sec. 15. Bond. Each executive and administrative officer
21 whose office is created by this Act, or by any amendments
22 thereto, shall give bond, before entering upon the discharge
23 of the duties of his or her office by inclusion in the
24 blanket bond or bonds or self-insurance program provided for
25 in Sections 14.1 and 14.2 of the Official Bond Act , qualify
26 for the office by executing a bond and filing the bond in the
27 office of the Secretary of the State.
28 All official bonds required to be executed and filed
29 pursuant to this Section shall be executed with security to
30 be approved by the Governor and in such penal sum as shall be
31 fixed by the Governor, not less in any case than ten thousand
32 dollars, and which bond shall be conditioned for the faithful
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1 performance of the officer's duties.
2 All official bonds required to be executed and filed
3 under pursuant to this Section are subject to the
4 requirements of the Official Bond Act "An Act to revise the
5 law in relation to official bonds", approved March 13, 1874,
6 as now or hereafter amended.
7 (Source: P.A. 79-1348.)
8 Section 5-65. The Forms Management Program Act is
9 amended by changing the title of the Act and Sections 1, 2,
10 3, 4, 5.1, and 6 as follows:
11 (20 ILCS 435/Act title)
12 An Act relating to State government; declaring the
13 legislative intent to obtain and maintain the simplification
14 and reduction of forms, surveys, and other documents as used
15 within State agencies and as required from the private
16 business sectors; providing for the establishment of a
17 Statewide Forms Management Program within the Department of
18 Administrative Services; providing for interagency
19 coordination; providing for training and instruction to State
20 agencies on form management techniques; providing for
21 periodic evaluation of the program's effectiveness and
22 requiring an annual report; and to amend Sections of other
23 Acts therein named.
24 (20 ILCS 435/1) (from Ch. 127, par. 1401)
25 Sec. 1. Short title. This Act may be cited as the Forms
26 Notice Management Program Act.
27 (Source: P.A. 86-1475.)
28 (20 ILCS 435/2) (from Ch. 127, par. 1402)
29 Sec. 2. Legislative Findings and Purpose. The General
30 Assembly finds that:
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1 (a) The information and paperwork explosion of recent
2 years has placed a large burden and expense on all
3 organizations, both public and private;
4 (b) The economic viability of some organizations is
5 threatened by the continued growth in governmental paperwork;
6 (c) A modern administrative technique that has proven to
7 be a valuable tool in helping organizations of all sizes
8 reduce costs and minimize the impact and expenses
9 accompanying the growth in governmental paperwork is a
10 function called "forms management".
11 Therefore the purpose of this Act is to add within the
12 Department of Central Management Services an activity to be
13 known as the "Forms Management Center" for the coordination,
14 orderly design, implementation, and maintenance of a
15 Statewide Form Management Program with the stated purpose to
16 simplify, consolidate, or eliminate when and where expedient
17 the forms, surveys, and other documents used by State
18 agencies. Particular emphasis shall be directed to
19 determining the necessity of information, records, and
20 reports sought through such forms, surveys, and other
21 documents from private business, agriculture, and local
22 governments.
23 This Section is repealed on July 1, 1998.
24 (Source: P.A. 82-789.)
25 (20 ILCS 435/3) (from Ch. 127, par. 1403)
26 Sec. 3. The Director of the Department of Central
27 Management Services shall establish and staff an activity
28 within the department to be known as the "Forms Management
29 Center".
30 This Section is repealed on July 1, 1998.
31 (Source: P.A. 82-789.)
32 (20 ILCS 435/4) (from Ch. 127, par. 1404)
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1 Sec. 4. Definition. The Director, acting through the
2 Forms Management Center, is authorized and empowered to:
3 (1) Establish a Statewide Forms Management Program for
4 all State agencies and provide assistance in establishing
5 internal forms management capabilities;
6 (2) Study, develop, coordinate, and initiate forms of
7 interagency and common administrative usage, and establish
8 basic State design and specification criteria to effect
9 standardization of State forms;
10 (3) Provide assistance to State agencies for economical
11 forms design and forms art work composition and establish and
12 supervise control procedures to prevent the undue creation
13 and reproduction of State forms;
14 (4) Provide assistance, training and instruction in
15 forms management techniques to State agencies, forms
16 management representatives and departmental forms
17 coordinators, and provide direct administrative and forms
18 management assistance to new State organizations as they are
19 created;
20 (5) Maintain a central cross index of State forms to
21 facilitate the standardization of such forms, to eliminate
22 redundant forms, and to provide a central source of
23 information on forms usage and availability;
24 (6) Utilize appropriate procurement techniques to take
25 advantage of competitive bidding, consolidated orders and
26 contract procurement of forms, and work toward more
27 efficient, economical and timely procurement, receipt,
28 storage and distribution of State forms;
29 (7) Coordinate the forms management program with the
30 existing State archives and records management program to
31 insure timely disposition of outdated forms and related
32 records;
33 (8) Conduct periodic evaluation of the effectiveness of
34 the overall forms management program and the forms management
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1 practices of the individual State agencies, and maintain
2 records which indicate dollar savings, and the number of
3 forms eliminated, simplified or standardized, through
4 centralized forms management. Results of this evaluation
5 shall be reported annually on September 30 to the General
6 Assembly;
7 (9) Delegate authority, pursuant to procedures
8 authorized by himself, to State agencies where such
9 delegation will result in the most timely and economical
10 method of accomplishing the responsibilities set forth in
11 this Act. A determination to delegate such authority may,
12 among other matters, take into consideration the benefits of
13 central management of any form or forms in relationship to
14 the costs related to such management.
15 (10) Develop and promulgate rules and standards to
16 implement the overall purposes of this Act.
17 (11) The rules and standards authorized by Section 4(10)
18 of this Act shall provide, among other matters which are not
19 in conflict with the policies and principles herein set
20 forth:
21 a. That after a date to be determined by the Forms
22 Management Center, no State agency shall utilize any form
23 outside such agency until and unless such form has been
24 approved by the Forms Management Center, or unless the
25 management of such form has been delegated to such
26 agency.
27 b. That the notice required by Section 5 of this
28 Act shall appear in a standard place and in a standard
29 manner and shall include specified indicia of approval by
30 the Forms Management Center.
31 c. That forms required by a State agency on a
32 emergency basis may be given interim approval by the
33 Forms Management Center if such form is accompanied by a
34 letter from the Director or head of such agency, setting
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1 forth the nature of such emergency and requesting interim
2 approval and is filed with the Forms Management Center.
3 As used in this Act the term "state agency" means and
4 includes all boards, commissions, agencies, institutions,
5 authorities, bodies politic and corporate of the State
6 created by or pursuant to the constitution or statute, of the
7 executive branch of State government; However, such term does
8 not include colleges, universities and institutions under the
9 jurisdiction of the Board of Trustees of the University of
10 Illinois, the Board of Trustees of Southern Illinois
11 University, the Board of Trustees of Chicago State
12 University, the Board of Trustees of Eastern Illinois
13 University, the Board of Trustees of Governors State
14 University, the Board of Trustees of Illinois State
15 University, the Board of Trustees of Northeastern Illinois
16 University, the Board of Trustees of Northern Illinois
17 University, the Board of Trustees of Western Illinois
18 University, the Board of Higher Education, or the Illinois
19 Community College Board. However, any State officer or
20 agency which is not included in the foregoing definition may
21 elect to participate in the Forms Management Program and to
22 commit that office or agency to comply with the requirements
23 of this Act.
24 (Source: P.A. 89-4, eff. 1-1-96.)
25 (20 ILCS 435/5.1) (from Ch. 127, par. 1405.1)
26 Sec. 5.1. If a State agency fails to comply with Section
27 4 or 5 of this Act, a business, agricultural enterprise or
28 local government shall be relieved of its obligation to
29 respond to any request for information or to submit or file
30 forms to that agency, provided that such information or form
31 relates to the agency's noncompliance.
32 Any business, agricultural enterprise or local government
33 failing to respond to a request for information or to submit
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1 a form requested by a State agency pursuant to this Section
2 shall not be subject to any penalty or fine.
3 (Source: P.A. 84-1066.)
4 (20 ILCS 435/6) (from Ch. 127, par. 1406)
5 Sec. 6. Each such agency shall appoint a forms
6 management representative and provide necessary assistance to
7 implement the State Forms Management Program within the
8 agency.
9 This Section is repealed on July 1, 1998.
10 (Source: P.A. 80-1338.)
11 Section 5-75. The Civil Administrative Code of Illinois
12 is amended by changing Section 65.4 as follows:
13 (20 ILCS 510/65.4) (from Ch. 127, par. 63b11.4)
14 Sec. 65.4. To exercise the powers and fulfill the duties
15 assigned the Department by the Juvenile Court Act of 1987,
16 "An Act to aid industrial schools for girls", approved May
17 29, 1879, and "An Act to provide for and aid training schools
18 for boys", approved June 18, 1883, as such Acts are
19 heretofore and hereafter amended.
20 (Source: P.A. 85-1209.)
21 Section 5-80. The Civil Administrative Code of Illinois
22 is amended by changing Section 46.50 as follows:
23 (20 ILCS 605/46.50) (from Ch. 127, par. 46.50)
24 Sec. 46.50. To enter into an agreement or contract with
25 a college, university, private group, organization or other
26 entity to conduct a comprehensive Statewide survey of
27 infrastructure needs in Illinois.
28 This Section is repealed on July 1, 1998.
29 (Source: P.A. 84-109.)
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1 Section 5-90. The Civil Administrative Code of Illinois
2 is amended by changing Sections 63a13, 63a27, 63a35, and
3 63b2.7 as follows:
4 (20 ILCS 805/63a13) (from Ch. 127, par. 63a13)
5 Sec. 63a13. To erect, supervise and maintain all public
6 monuments and memorials erected by the State on properties
7 under the jurisdiction of the Department of Natural
8 Resources, except when the supervision and maintenance
9 thereof is otherwise provided by law. Under the power granted
10 by this Section the Department shall (i) provide a site in
11 Rock Cut State Park for the Winnebago County Vietnam
12 Veterans' Memorial; and (ii) allow the Vietnam Veterans'
13 Honor Society to erect the Memorial of an agreed design.
14 (Source: P.A. 87-189.)
15 (20 ILCS 805/63a27) (from Ch. 127, par. 63a27)
16 Sec. 63a27. To sell gravel and other materials. (a) To
17 sell gravel, sand, earth or other material from any State of
18 Illinois owned lands or waters under the jurisdiction of the
19 Department at a fair market price. The proceeds from such
20 sales shall be deposited in the Wildlife and Fish Fund in the
21 State treasury.
22 (b) Notwithstanding the provisions of subsection (a) and
23 taking into consideration the cooperation received by the
24 State from the Lake County Forest Preserve District in the
25 development of the North Point Marina project, the Department
26 is authorized and directed to sell to the Lake County Forest
27 Preserve District 25,000 cubic yards of sand for the purpose
28 of constructing a swimming beach upon receipt of $1 in
29 consideration.
30 (Source: P.A. 85-1010.)
31 (20 ILCS 805/63a35) (from Ch. 127, par. 63a35)
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1 Sec. 63a35. To print and issue stamps portraying the
2 wildlife of the State. This stamp shall be identified as a
3 wildlife conservation stamp and the fee for each stamp shall
4 be $5. The purchase of wildlife conservation stamps shall
5 provide no privileges to the purchaser, but merely recognizes
6 the person as voluntarily contributing to the management,
7 protection and preservation of the wildlife resources and
8 habitats of the State. All moneys received from the sale of
9 wildlife conservation stamps, sale of original artwork,
10 reprints, patches and related program income shall be
11 deposited in the Wildlife Conservation Fund. All monies
12 deposited as a result of this program shall be used for the
13 management, protection and preservation of the wildlife
14 resources and habitats in this State and to pay the costs of
15 printing and distributing the stamps.
16 This Section is repealed on July 1, 1998.
17 (Source: P.A. 83-1362; 83-1486.)
18 (20 ILCS 805/63b2.7) (from Ch. 127, par. 63b2.7)
19 Sec. 63b2.7. To expend monies in the All-terrain Vehicle
20 Safety Act Fund pursuant to appropriation for the purposes of
21 refunding registration fees paid under the All-terrain
22 Vehicle Safety Act and other expenses associated with the
23 termination of the Fund and the repeal of the All-terrain
24 Vehicle Safety Act through June 30, 1991, and to direct the
25 State Comptroller and State Treasurer to transfer the
26 remaining balance in the Fund on July 1, 1991, to the Motor
27 Fuel Tax Fund.
28 This Section is repealed on July 1, 1998.
29 (Source: P.A. 86-1091.)
30 Section 5-95. The Civil Administrative Code of Illinois
31 is amended by changing Sections 43a.01 and 43a.09 as follows:
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1 (20 ILCS 1005/43a.01) (from Ch. 127, par. 43a.01)
2 Sec. 43a.01. Public employment offices. To exercise the
3 rights, powers, and duties vested by law in the
4 superintendents and assistant superintendents of free
5 employment offices, general advisory board of public free
6 employment offices, local advisory boards of public free
7 employment offices, and other officers and employees of
8 public free employment offices.
9 (Source: P.A. 83-1503.)
10 (20 ILCS 1005/43a.09) (from Ch. 127, par. 43a.09)
11 Sec. 43a.09. Administration of Unemployment Insurance
12 Act. To administer the provisions of "the Unemployment
13 Insurance Compensation Act," approved June 30, 1937, as
14 amended, insofar as those such provisions relate to the
15 powers and duties of the Director of the Department of
16 Employment Security.
17 (Source: P.A. 83-1503.)
18 Section 5-100. The Public Employment Office Act is
19 amended by changing Sections 1, 1a, 1c, 3, 4, 4a, 5, 8.1, and
20 8.3 as follows:
21 (20 ILCS 1015/1) (from Ch. 48, par. 173)
22 Sec. 1. Public employment offices; establishment. The
23 Department of Employment Security is authorized to establish
24 and maintain public free employment offices, for the purpose
25 of receiving applications of persons seeking employment and
26 applications of persons seeking to employ labor, as follows:
27 One in each city, village or incorporated town of not less
28 than twenty-five thousand population; one in two or more
29 contiguous cities, villages or incorporated towns having an
30 aggregate or combined population of not less than twenty-five
31 thousand; and in each city containing a population of one
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1 million or over, one central office with as many departments
2 as would be practical to handle the various classes of labor,
3 and such branch offices not to exceed five at any one time,
4 the location of branch offices to be approved by the
5 Governor. Those Such offices shall be designated and known as
6 Illinois Public Free Employment Offices.
7 (Source: P.A. 83-1503.)
8 (20 ILCS 1015/1a) (from Ch. 48, par. 174)
9 Sec. 1a. Unemployment; investigate and remedy. The State
10 Department of Employment Security shall promote advise and
11 cooperate with the secretary of the Bureau of Labor
12 Statistics in promoting the efficiency of the said Illinois
13 Public Free Employment Offices, and investigate in the
14 investigation of the extent and causes of unemployment and
15 its the remedies, therefor and devise and adopt the most
16 effectual means within the Department's their power to
17 provide employment and to prevent distress and involuntary
18 idleness, and for that purpose the Department may cooperate
19 with similar bureaus and commissions of other states, with
20 the Federal employment office in the Department of Labor, and
21 with any municipal employment bureaus and exchanges.
22 (Source: P.A. 83-1503.)
23 (20 ILCS 1015/1c) (from Ch. 48, par. 176)
24 Sec. 1c. Cooperation of employers. The Department of
25 Employment Security in cooperation with the Secretary of the
26 Bureau of Labor Statistics shall place itself themselves in
27 communication with large employers of labor, including
28 municipal and other public authorities, and attempt to bring
29 about such cooperation and coordination between them by the
30 dovetailing of industries, by long time contracts, or
31 otherwise, as will most effectually distribute and utilize
32 the available supply of labor and keep it employed with the
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1 greatest possible constancy and regularity. The Department
2 They shall devise plans of operation with this object in view
3 and shall seek to induce the organization of concerted
4 movements in this direction. The Department They shall also
5 endeavor to enlist the aid of the federal government in
6 extending these movements beyond the State.
7 (Source: P.A. 83-1503.)
8 (20 ILCS 1015/3) (from Ch. 48, par. 179)
9 Sec. 3. Employment offices; signs; registration. The
10 Department of Employment Security shall, in each city, open
11 and maintain offices as an office in the locality agreed upon
12 between the Department and the secretary of the Bureau of
13 Labor Statistics as being most appropriate for the purpose
14 intended. Upon the outside of each such office, in position
15 and manner to secure the fullest public attention, shall be
16 placed a sign that reads which shall read in the English
17 language, "Illinois Public Free Employment Office also known
18 as the Job Service" , and such sign shall appear either upon
19 the outside windows or upon signs in such other languages as
20 the location of each such office shall render advisable. The
21 Department shall receive and register the names of all
22 persons applying for employment or help, designating opposite
23 the names and addresses of each applicant, the character of
24 employment or help desired upon the blank form furnished by
25 the Bureau of Labor Statistics, together with such other
26 facts as may be required or by the Bureau of Labor Statistics
27 to be used by the Department such Bureau: However, no record
28 shall be open to public inspection at any time, and such
29 statistical and sociological data as the Bureau of Labor
30 Statistics may require shall be held in confidence by such
31 Bureau and so published as not to reveal the identity of any
32 one. Any applicant who shall decline to furnish answers to
33 the questions contained in the application blanks shall not
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1 thereby forfeit any rights to any employment the office might
2 secure.
3 (Source: P.A. 83-1503.)
4 (20 ILCS 1015/4) (from Ch. 48, par. 180)
5 Sec. 4. Reports to U.S. Department of Labor. The
6 Department of Employment Security shall make available to the
7 U.S. Department of Labor secretary of the Bureau of Labor
8 Statistics such reports of application for labor or
9 employment, and other details of the work of each office and
10 the expenses of maintaining the same, and shall perform such
11 other duties in the collection of statistics of labor as the
12 U.S. Department of Labor secretary of the Bureau of Labor
13 Statistics may require.
14 (Source: P.A. 83-1503.)
15 (20 ILCS 1015/4a) (from Ch. 48, par. 181)
16 Sec. 4a. The secretary of the Bureau of Labor Statistics
17 shall cause to be published an annual report concerning the
18 work of the various offices for the year ending September 30
19 together with a statement of the expenses of same.
20 This Section is repealed on July 1, 1998.
21 (Source: Laws 1915, p. 414.)
22 (20 ILCS 1015/5) (from Ch. 48, par. 182)
23 Sec. 5. Advertisements. The Department of Employment
24 Security shall immediately put itself in communication with
25 the principal manufacturers, merchants, and other employers
26 of labor, and use all diligence in securing the cooperation
27 of those the said employers of labor, with the purpose and
28 objects of the employment offices. To this end the Department
29 may advertise in the columns of newspapers, or other mediums,
30 for such situations as it has applicants to fill, and it may
31 advertise in a general way for the cooperation of large
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1 contractors and employers in such trade journals or special
2 publications as reach those such employers, whether the such
3 trade or special journals are published within the State of
4 Illinois or not.
5 Full information shall be given to applicants regarding
6 the existence of any strike or lockout in the establishment
7 of any employer seeking workers through the Illinois Public
8 Free Employment Offices.
9 (Source: P.A. 83-1503.)
10 (20 ILCS 1015/8.1) (from Ch. 48, par. 184.1)
11 Sec. 8.1. Farmworkers. The Department of Employment
12 Security shall proscribe the recruitment by Illinois
13 employers of farmworkers unless the such employer files a
14 statement with the Job Illinois State Employment Service and
15 the Department setting forth the terms and conditions, and
16 the existence of any strike, or other concerted stoppage,
17 slowdown, or interruption of operations by employees of that
18 such employer at the site of the proposed employment,
19 directly relating to the employment offered to the
20 farmworkers so recruited. A copy of the such statement in
21 English and the language in which the farmworker is fluent
22 shall be given to each farmworker prior to recruitment by the
23 employer so recruiting. The statement shall be made on a form
24 provided to employers by the Job Illinois State Employment
25 Service on request. A copy of this statement, in both
26 English and the languages in which the farmworkers are
27 fluent, shall be posted by the employer in a conspicuous
28 location at the place of residence or employment of the
29 recruited persons. As used in this Section and Section 8.2,
30 "farmworker" means any person who moves seasonally from one
31 place to another, within or without the State, for the
32 purpose of obtaining employment relating to the planting,
33 raising, or harvesting of any agricultural or horticultural
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1 commodities, or the handling, packing, or processing of those
2 such commodities on the farm where produced or at the place
3 of first processing after leaving that such farm.
4 (Source: P.A. 83-1503.)
5 (20 ILCS 1015/8.3) (from Ch. 48, par. 184.3)
6 Sec. 8.3. Report of violations. Each local office of the
7 Job Illinois State Employment Service shall transmit to the
8 Attorney General of the State of Illinois and to the
9 appropriate State's Attorney allegations of violations of
10 Sections 8.1 and 8.2. Any such violation shall be punished as
11 a Class A misdemeanor.
12 (Source: P.A. 77-2830.)
13 Section 5-105. The Natural Resources Act is amended by
14 changing Sections 14 and 16 as follows:
15 (20 ILCS 1105/14) (from Ch. 96 1/2, par. 7414)
16 Sec. 14. Illinois Superconductivity Coordinating
17 Council. (a) There shall be established, within the
18 Department, The Illinois Superconductivity Coordinating
19 Council, hereinafter in this Section called the Council. The
20 Council shall be composed of 9 voting members including the
21 Director of the Department or his designee, who shall be
22 Chairman thereof; the Director of the Department of Commerce
23 and Community Affairs or his designee; the Director of the
24 Illinois Board of Higher Education or his designee; and 6
25 persons appointed by the Governor, including 2
26 representatives from electric utilities companies regulated
27 by the Illinois Commerce Commission, one of which serves a
28 population of over 5 million customers, and 3 representatives
29 of Illinois businesses with commercial interests in
30 superconducting technologies including one from a business of
31 100 employees or less and one representative from the
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1 financial and investment sector. The 6 appointed members
2 shall serve for terms of 2 years, with initial terms that
3 shall expire on July 1, 1991, except that the Governor shall
4 designate 2 of the original appointees to serve initial terms
5 that shall expire on July 1, 1990.
6 The Council shall meet at least twice a year or at the
7 call of the Chairman. At any time the majority of the
8 Council may petition the Chairman for a meeting of the
9 Council. Five members of the Council shall constitute a
10 quorum. Members of the Council shall be reimbursed for
11 actual and necessary expenses incurred while performing their
12 duties as members of the Council.
13 (b) The Council shall have the following powers and
14 duties:
15 1. To support applied superconductivity research
16 projects in areas with commercial applications between
17 Illinois industry, universities, and not for profit research
18 institutions; establishment of consortia; and support of
19 staff exchanges.
20 2. To enhance the network for Illinois
21 university-industrial-federal laboratory interaction.
22 3. To establish a data base and disseminate information
23 on superconductivity research being conducted in the state.
24 4. To identify industrial applications and commercial
25 opportunities for Illinois businesses.
26 5. To conduct technical and educational workshops and
27 conferences.
28 6. To prepare and distribute marketing brochures,
29 technical publications and videos.
30 7. To submit an annual report to the Governor and the
31 General Assembly outlining the progress and accomplishments
32 made in the year, providing an accounting of funds received
33 and disbursed, reviewing the status of research contracts,
34 and furnishing other relevant information.
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1 8. To focus on existing superconductivity efforts in
2 carrying out its mission. The Council shall attempt to make
3 use of existing research facilities in Illinois or other
4 institutions carrying out research on superconductivity. As
5 far as practicable, the Council shall make maximum use of the
6 research facilities available at universities and colleges
7 and other not for profit research laboratories within the
8 State of Illinois.
9 9. To encourage through interchange with existing
10 research programs the development and strengthening of
11 superconductivity research at other educational and research
12 institutions in Illinois.
13 10. To coordinate the research efforts among various
14 agencies, departments, universities or organizations in order
15 to avoid duplication of effort and expense.
16 11. To adopt guidelines and bylaws governing its
17 organization, the conduct of business, and the exercise of
18 its powers and duties.
19 12. To review and advise on the expenditure of monies
20 appropriated consistent with the purposes of this Section.
21 13. To publish, from time to time, the results of
22 Illinois superconductivity research projects funded through
23 the Council.
24 (c) This Section is repealed on July 1, 1998.
25 (Source: P.A. 86-258.)
26 (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
27 Sec. 16. Battery Task Force.
28 (a) Within the Department is created a Battery Task
29 Force to be comprised of (i) the Director of the Department
30 who shall serve as chair of the Task Force; (ii) the Director
31 of the Environmental Protection Agency; (iii) the Director
32 of the Hazardous Waste Research and Information Center; and
33 (iv) 15 persons who shall be appointed by the Director of the
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1 Department, including 2 persons representing an environmental
2 organization, 2 persons representing the battery cell
3 industry, 2 persons representing the rechargeable powered
4 tool/device industry, 3 representatives from local government
5 with residential recycling programs (including one from a
6 municipality with more than a million people), one person
7 representing the retail industry, one person representing a
8 consumer group, 2 persons representing the waste management
9 industry, one person representing a recycling firm, and one
10 person representing a citizens' group active in local solid
11 waste issues.
12 (b) The Task Force shall prepare a report of its
13 findings and recommendations and shall present the report to
14 the Governor and the General Assembly on or before April 1,
15 1993. Among other things, the Task Force shall evaluate:
16 (1) collection, storage, and processing systems for
17 the recycling and proper management of common household
18 batteries and rechargeable battery products generated by
19 consumers, businesses, institutions, and governmental
20 units;
21 (2) public education programs that promote waste
22 reduction, reuse, and recycling strategies for household
23 batteries;
24 (3) disposal bans on specific household batteries
25 or rechargeable battery products;
26 (4) management options for rechargeable tools and
27 appliances;
28 (5) technical and financial assistance programs for
29 local governments;
30 (6) guidelines and regulations for the storage,
31 transportation, and disposal of household batteries;
32 (7) labeling requirements for household batteries
33 and battery packaging;
34 (8) metal content limits and sale restrictions for
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1 carbon-zinc, nickel-cadmium, and button batteries;
2 (9) market development options for materials
3 recovered from household batteries;
4 (10) industry waste reduction developments,
5 including substitution of longer-life, rechargeable and
6 recyclable batteries, substitution of alternative
7 products which do not require batteries, increased use of
8 power-source adapters, and use of replaceable batteries
9 in battery-powered appliances; and
10 (11) the feasibility of reverse distribution of
11 batteries.
12 The Task Force shall review, evaluate, and compare
13 existing battery management and collection systems and
14 studies including those used from other states, the European
15 Community, and other major industrial nations. The Task Force
16 shall consult with manufacturers and the public to determine
17 the most cost effective and efficient means for battery
18 management.
19 This Section is repealed on July 1, 1998.
20 (Source: P.A. 87-1250; 88-45.)
21 Section 5-120. The Civil Administrative Code of Illinois
22 is amended by changing Sections 43.01, 43.03, 43.04, 43.05,
23 and 43.19 as follows:
24 (20 ILCS 1505/43.01) (from Ch. 127, par. 43.01)
25 Sec. 43.01. To exercise the rights, powers and duties
26 vested by law in the commissioners of labor, the secretary,
27 other officers and employees of said commissioners of labor.
28 This Section is repealed on July 1, 1998.
29 (Source: Laws 1953, p. 1442.)
30 (20 ILCS 1505/43.03) (from Ch. 127, par. 43.03)
31 Sec. 43.03. To exercise the rights, powers and duties
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1 vested by law in the chief inspector of private employment
2 agencies, inspectors of private employment agencies, their
3 subordinate officers and employees.
4 This Section is repealed on July 1, 1998.
5 (Source: Laws 1953, p. 1442.)
6 (20 ILCS 1505/43.04) (from Ch. 127, par. 43.04)
7 Sec. 43.04. To exercise the rights, powers and duties
8 vested by law in the chief factory inspector, assistant chief
9 factory inspector, deputy factory inspector, and all other
10 officers and employees of the State factory inspection
11 service.
12 This Section is repealed on July 1, 1998.
13 (Source: Laws 1953, p. 1442.)
14 (20 ILCS 1505/43.05) (from Ch. 127, par. 43.05)
15 Sec. 43.05. To exercise the rights, powers and duties
16 vested by law in the State Board of Arbitration and
17 Conciliation, its officers and employees.
18 This Section is repealed on July 1, 1998.
19 (Source: Laws 1953, p. 1442.)
20 (20 ILCS 1505/43.19) (from Ch. 127, par. 43.19)
21 Sec. 43.19. To transfer jurisdiction of any realty under
22 the control of the Department to any other Department of the
23 State Government, or to acquire or accept Federal lands, when
24 such transfer, acquisition or acceptance is advantageous to
25 the State and is approved in writing by the Governor.
26 This Section is repealed on July 1, 1998.
27 (Source: Laws 1953, p. 1442.)
28 Section 5-125. The Illinois Lottery Law is amended by
29 changing Section 28 as follows:
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1 (20 ILCS 1605/28) (from Ch. 120, par. 1178)
2 Sec. 28. All rights, powers and duties vested in the
3 Department of Revenue or any office, division or bureau
4 thereof by this Act and all rights, powers and duties
5 incidental thereto are transferred to the Department of the
6 Lottery.
7 The Division of the State Lottery established within the
8 Department of Revenue is abolished. Personnel previously
9 assigned to the Division of the State Lottery are transferred
10 to the Department of the Lottery. However, the rights of the
11 employees, the State and its agencies under the Personnel
12 Code or any collective bargaining agreement or under any
13 pension, retirement or annuity plan shall not be affected by
14 this transfer.
15 All books, records, papers, documents, real and personal
16 property, unexpended appropriations and pending business in
17 any way pertaining to the rights, powers and duties
18 transferred by this Section from the Department of Revenue to
19 the Department of the Lottery shall be delivered to the
20 Department of the Lottery.
21 The rights, powers and duties transferred by this Section
22 to the Department of the Lottery shall be vested in and shall
23 be exercised by this Department subject to the provisions of
24 this amendatory Act of 1986. Each act done in the exercise
25 of such rights, powers and duties shall have the same legal
26 effect as if done by the Department of Revenue, the former
27 State Lottery Division or Lottery Control Board or officers
28 or employees thereof.
29 Every person or corporation shall be subject to the same
30 obligations, duties and any penalties, civil or criminal,
31 arising therefrom and shall have the same rights arising from
32 the exercise of such rights, powers and duties as if such
33 rights, powers and duties had been exercised by the
34 Department of Revenue, the former State Lottery Division or
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1 Lottery Control Board or officers or employees thereof.
2 Every officer and employee of the Department of the
3 Lottery shall, for any offense, be subject to the same
4 penalty or penalties, civil or criminal, as are prescribed by
5 existing law for the same offense by any officer or employee
6 whose powers or duties are transferred to him by this
7 Section.
8 Whenever reports or notices have been required to be made
9 or given or papers or documents furnished or served by any
10 person to or upon the departments and offices transferred by
11 this Section, the same shall be made, given, furnished or
12 served in the same manner to or upon the Department of the
13 Lottery.
14 This amendatory Act of 1986 shall not affect any action
15 done, ratified or cancelled, any right occurring or
16 established or any action or proceeding had or commenced in
17 an administrative, civil or criminal cause before the
18 effective date of this amendatory Act of 1986, but such
19 actions or proceedings may be prosecuted and continued by the
20 Department of the Lottery.
21 No rule, regulation or administrative review procedure
22 promulgated by the Division of the State Lottery in the
23 Department of Revenue or the Lottery Control Board, pursuant
24 to an exercise of a right, power or duty which is transferred
25 to the Department of the Lottery, shall be affected by this
26 amendatory Act of 1986. These rules and regulations shall
27 become the rules and regulations of the Department of the
28 Lottery.
29 This Section is repealed on July 1, 1998.
30 (Source: P.A. 84-1128.)
31 Section 5-130. The Department of Mental Health and
32 Developmental Disabilities Act is amended by changing
33 Sections 16.2, 34.2, and 55 as follows:
HB0821 Enrolled -37- LRB9002999WHmg
1 (20 ILCS 1705/16.2) (from Ch. 91 1/2, par. 100-16.2)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 16.2. The Director shall cause to be established a
4 pilot project to demonstrate the effectiveness of a
5 comprehensive continuum of community residential alternatives
6 for persons with mental illness with emphasis on care and
7 treatment of the recidivistic and the long-term
8 institutionalized persons with mental illness. A case
9 coordination system linking care at each point in the
10 continuum shall be established as part of the pilot project.
11 Data shall be collected which permits evaluation of the
12 effectiveness of this program in encouraging care at less
13 restrictive components of the continuum.
14 The Director shall designate one employee of the
15 Department to supervise and coordinate this program. Any
16 funds appropriated by the legislature for this purpose shall
17 be expended on this program. In addition, the coordinator
18 shall supervise the development and collection of data,
19 including needs estimates of persons with mental illness
20 populations by each region and subregion needing community
21 residential alternatives; development of the most effective
22 model continuum of residential alternatives with related
23 operational costs; and identification of necessary community
24 support systems for residents of the community alternative
25 living arrangements.
26 The Director or his designee shall submit a report to the
27 General Assembly no later than March 31, 1986 detailing the
28 impact of the Department's deinstitutionalization
29 initiatives, specifically, the case coordination system on
30 the inordinate number of homeless persons with mental illness
31 in Illinois. The report shall also contain recommendations
32 for addressing the issue of homeless persons with mental
33 illness.
34 (Source: P.A. 88-380.)
HB0821 Enrolled -38- LRB9002999WHmg
1 (Text of Section after amendment by P.A. 89-507)
2 Sec. 16.2. The Secretary shall cause to be established a
3 pilot project to demonstrate the effectiveness of a
4 comprehensive continuum of community residential alternatives
5 for persons with mental illness with emphasis on care and
6 treatment of the recidivistic and the long-term
7 institutionalized persons with mental illness. A case
8 coordination system linking care at each point in the
9 continuum shall be established as part of the pilot project.
10 Data shall be collected which permits evaluation of the
11 effectiveness of this program in encouraging care at less
12 restrictive components of the continuum.
13 The Secretary shall designate one employee of the
14 Department to supervise and coordinate this program. Any
15 funds appropriated by the legislature for this purpose shall
16 be expended on this program. In addition, the coordinator
17 shall supervise the development and collection of data,
18 including needs estimates of persons with mental illness
19 populations by each region and subregion needing community
20 residential alternatives; development of the most effective
21 model continuum of residential alternatives with related
22 operational costs; and identification of necessary community
23 support systems for residents of the community alternative
24 living arrangements.
25 The Secretary or his or her designee shall submit a
26 report to the General Assembly no later than March 31, 1986
27 detailing the impact of the Department's
28 deinstitutionalization initiatives, specifically, the case
29 coordination system on the inordinate number of homeless
30 persons with mental illness in Illinois. The report shall
31 also contain recommendations for addressing the issue of
32 homeless persons with mental illness.
33 This Section is repealed on July 1, 1998.
34 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
HB0821 Enrolled -39- LRB9002999WHmg
1 (20 ILCS 1705/34.2) (from Ch. 91 1/2, par. 100-34.2)
2 Sec. 34.2. (a) The Department shall conduct a study of
3 alternative formulas for the distribution of grants-in-aid
4 for community services which are disbursed by the Department.
5 The study shall specifically include an examination of the
6 feasibility of using formulas to determine the distribution
7 of grants-in-aid to achieve the Department's program
8 objectives and to meet community needs, as well as an
9 evaluation of the various factors used in the formulas
10 (including but not limited to the populations served and the
11 needs, relative poverty and geographic locations of those
12 populations).
13 (b) No later than May 1, 1990, the Department shall
14 report to the General Assembly the results of its study. The
15 report shall include a description of the results obtained by
16 using each of the alternative formulas in terms of the amount
17 of funds received by the various geographic areas and
18 community services agencies in the State, and an evaluation
19 of the relative benefits of each alternative to existing
20 service areas and to the provision of mental health and
21 developmental disabilities services.
22 This Section is repealed on July 1, 1998.
23 (Source: P.A. 86-1013.)
24 (20 ILCS 1705/55) (from Ch. 91 1/2, par. 100-55)
25 (Text of Section before amendment by P.A. 89-507)
26 Sec. 55. To provide, directly or through contract with
27 not-for-profit organizations, and within amounts made
28 available by appropriation therefor, an in-home care and
29 support demonstration program. As used in this Section,
30 "family" includes foster families. The purposes of the
31 program will be (1) to provide direct care to persons with
32 mental illness and persons with a developmental disability,
33 (2) to enhance a family's ability to provide in-home care to
HB0821 Enrolled -40- LRB9002999WHmg
1 persons with mental illness or persons with a developmental
2 disability, and (3) to examine the impact of such program on
3 the incidence of hospitalization. Such services shall
4 include but not be limited to direct care, outreach services,
5 counseling, respite, transportation, and training which will
6 enhance the family's understanding of the nature and cause of
7 the mental illness or developmental disability and which will
8 provide them with the knowledge of strategies for handling
9 the symptoms and behavior of a person with mental illness or
10 person with a developmental disability. No family shall be
11 required to accept any services authorized pursuant to this
12 Section. The Director may develop a training curriculum, and
13 a staff training program to implement this demonstration
14 program. The evaluation required by this Section shall be
15 presented to the General Assembly no later than January 2,
16 1988, together with recommendations for extending the
17 demonstration project into an integral part of the array of
18 services provided or arranged for by the Department for all
19 persons with mental illness and persons with a developmental
20 disability in the State.
21 (Source: P.A. 88-380.)
22 (Text of Section after amendment by P.A. 89-507)
23 Sec. 55. To provide, directly or through contract with
24 not-for-profit organizations, and within amounts made
25 available by appropriation therefor, an in-home care and
26 support demonstration program. As used in this Section,
27 "family" includes foster families. The purposes of the
28 program will be (1) to provide direct care to persons with
29 mental illness and persons with a developmental disability,
30 (2) to enhance a family's ability to provide in-home care to
31 persons with mental illness or persons with a developmental
32 disability, and (3) to examine the impact of such program on
33 the incidence of hospitalization. Such services shall
34 include but not be limited to direct care, outreach services,
HB0821 Enrolled -41- LRB9002999WHmg
1 counseling, respite, transportation, and training which will
2 enhance the family's understanding of the nature and cause of
3 the mental illness or developmental disability and which will
4 provide them with the knowledge of strategies for handling
5 the symptoms and behavior of a person with mental illness or
6 person with a developmental disability. No family shall be
7 required to accept any services authorized pursuant to this
8 Section. The Secretary may develop a training curriculum,
9 and a staff training program to implement this demonstration
10 program. The evaluation required by this Section shall be
11 presented to the General Assembly no later than January 2,
12 1988, together with recommendations for extending the
13 demonstration project into an integral part of the array of
14 services provided or arranged for by the Department for all
15 persons with mental illness and persons with a developmental
16 disability in the State.
17 This Section is repealed on July 1, 1998.
18 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
19 Section 5-135. The Land for Armories Act is amended by
20 adding Section 3.1 as follows:
21 (20 ILCS 1820/3.1 new)
22 Sec. 3.1. Repeal. This Act is repealed on July 1, 1998.
23 Section 5-141. The Illinois Health Finance Reform Act is
24 amended by adding Section 3-11 as follows:
25 (20 ILCS 2215/3-11 new)
26 Sec. 3-11. Repeal. This Article III is repealed on July
27 1, 1998.
28 Section 5-142. The Civil Administrative Code of Illinois
29 is amended by changing Section 55.12 as follows:
HB0821 Enrolled -42- LRB9002999WHmg
1 (20 ILCS 2310/55.12) (from Ch. 127, par. 55.12)
2 Sec. 55.12. To enter into contracts with the Federal
3 Government, other States, local governmental units and other
4 public or private agencies or organizations for the purchase,
5 sale or exchange of health services and products which may
6 benefit the health of the people. Any contract entered into
7 with the Federal Government, with any other State government
8 or with any public or private agency or organization not
9 domiciled in Illinois shall not be effective unless it is
10 approved in writing by the Governor.
11 (Source: Laws 1967, p. 594.)
12 Section 5-143. The Chicago Out-Patient Clinic Act is
13 amended by adding Section 1.1 as follows:
14 (20 ILCS 2315/1.1 new)
15 Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
16 Section 5-144. The Disabled Persons Rehabilitation Act
17 is amended by changing Sections 12a and 13 as follows:
18 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
19 (Text of Section before amendment by P.A. 89-507)
20 Sec. 12a. Centers for independent living.
21 (a) Purpose. Recognizing that persons with severe
22 disabilities deserve a high quality of life within their
23 communities regardless of their disabilities, the Department,
24 working with the Statewide Independent Living Council, shall
25 develop a State plan for submission on an annual basis to the
26 Commissioner. The Department shall adopt rules for
27 implementing the State plan in accordance with the federal
28 Act, including rules adopted under the federal Act governing
29 the award of grants.
30 (b) Definitions. As used in this Section, unless the
HB0821 Enrolled -43- LRB9002999WHmg
1 context clearly requires otherwise:
2 "Federal Act" means the federal 1973 Rehabilitation Act.
3 "Center for independent living" means a consumer
4 controlled, community based, cross-disability,
5 non-residential, private non-profit agency that is designated
6 and operated within a local community by individuals with
7 disabilities and provides an array of independent living
8 services.
9 "Consumer controlled" means that the center for
10 independent living vests power and authority in individuals
11 with disabilities and that at least 51% of the directors of
12 the center are persons with one or more disabilities as
13 defined by this Act.
14 "Commissioner" means the Commissioner of the
15 Rehabilitation Services Administration in the United States
16 Department of Health and Human Services.
17 "Council" means the Statewide Independent Living Council
18 appointed under subsection (d).
19 "Individual with a disability" means any individual who
20 has a physical or mental impairment that substantially limits
21 a major life activity, has a record of such an impairment, or
22 is regarded as having such an impairment.
23 "Individual with a severe disability" means an individual
24 with a severe physical or mental impairment, whose ability to
25 function independently in the family or community or whose
26 ability to obtain, maintain, or advance in employment is
27 substantially limited and for whom the delivery of
28 independent living services will improve the ability to
29 function, continue functioning, or move toward functioning
30 independently in the family or community or to continue in
31 employment.
32 "State plan" means the materials submitted by the
33 Department to the Commissioner on an annual basis that
34 contain the State's proposal for:
HB0821 Enrolled -44- LRB9002999WHmg
1 (1) The provision of statewide independent living
2 services.
3 (2) The development and support of a statewide
4 network of centers for independent living.
5 (3) Working relationships between (i) programs
6 providing independent living services and independent
7 living centers and (ii) the vocational rehabilitation
8 program administered by the Department under the federal
9 Act and other programs providing services for individuals
10 with disabilities.
11 (c) Authority. The Department shall be designated the
12 State unit under Title VII of the federal Act and shall have
13 the following responsibilities:
14 (1) To receive, account for, and disburse funds
15 received by the State under the federal Act based on the
16 State plan.
17 (2) To provide administrative support services to
18 centers for independent living programs.
19 (3) To keep records, and take such actions with
20 respect to those records, as the Commissioner finds to be
21 necessary with respect to the programs.
22 (4) To submit additional information or provide
23 assurances the Commissioner may require with respect to
24 the programs.
25 The Director and the Chairperson of the Council are
26 responsible for jointly developing and signing the State plan
27 required by Section 704 of the federal Act. The State plan
28 shall conform to the requirements of Section 704 of the
29 federal Act.
30 (d) Statewide Independent Living Council.
31 The Governor shall appoint a Statewide Independent Living
32 Council, comprised of 18 members, which shall be established
33 as an entity separate and distinct from the Department. The
34 composition of the Council shall include the following:
HB0821 Enrolled -45- LRB9002999WHmg
1 (1) At least one director of a center for
2 independent living chosen by the directors of centers for
3 independent living within the State.
4 (2) A representative of the Department and a
5 representative each from the Department of Mental Health
6 and Developmental Disabilities, the Department on Aging,
7 the State Board of Education, and the Department of
8 Children and Family Services, all as ex-officio,
9 non-voting members who shall not be counted in the 18
10 members appointed by the Governor.
11 In addition, the Council may include the following:
12 (A) One or more representatives of centers for
13 independent living.
14 (B) One or more parents or guardians of individuals
15 with disabilities.
16 (C) One or more advocates for individuals with
17 disabilities.
18 (D) One or more representatives of private
19 business.
20 (E) One or more representatives of organizations
21 that provide services for individuals with disabilities.
22 (F) Other appropriate individuals.
23 After soliciting recommendations from organizations
24 representing a broad range of individuals with disabilities
25 and organizations interested in individuals with
26 disabilities, the Governor shall appoint members of the
27 Council for terms beginning July 1, 1993. The Council shall
28 be composed of members (i) who provide statewide
29 representation; (ii) who represent a broad range of
30 individuals with disabilities; (iii) who are knowledgeable
31 about centers for independent living and independent living
32 services; and (iv) a majority of whom are persons who are
33 individuals with disabilities and are not employed by any
34 State agency or center for independent living. The terms of
HB0821 Enrolled -46- LRB9002999WHmg
1 all members of the Independent Living Advisory Council who
2 were appointed for terms beginning before July 1, 1993, shall
3 expire on July 1, 1993.
4 The council shall elect a chairperson from among its
5 membership.
6 Each member of the Council shall serve for terms of 3
7 years, except that (i) a member appointed to fill a vacancy
8 occurring before the expiration of the term for which the
9 predecessor was appointed shall be appointed for the
10 remainder of that term and (ii) terms of the members
11 initially appointed after the effective date of this
12 amendatory Act of 1993 shall be as follows: 6 of the
13 initial members shall be appointed for terms of one year, 6
14 shall be appointed for terms of 2 years, and 6 shall be
15 appointed for terms of 3 years. No member of the council may
16 serve more than 2 consecutive full terms.
17 Any vacancy occurring in the membership of the Council
18 shall be filled in the same manner as the original
19 appointment. The vacancy shall not affect the power of the
20 remaining members to execute the powers and duties of the
21 Council. The Council shall have the duties enumerated in
22 subsections (c), (d), and (e) of Section 705 of the federal
23 Act.
24 Members shall be reimbursed for their actual expenses
25 incurred in the performance of their duties, including
26 expenses for travel, child care, and personal assistance
27 services, and a member who is not employed or who must
28 forfeit wages from other employment shall be paid reasonable
29 compensation for each day the member is engaged in performing
30 the duties of the Council. The reimbursement or compensation
31 shall be paid from moneys made available to the Department
32 under Part B of Title VII of the federal Act.
33 In addition to the powers and duties granted to advisory
34 boards by Section 8 of the Civil Administrative Code of
HB0821 Enrolled -47- LRB9002999WHmg
1 Illinois, the Council shall have the authority to appoint
2 jointly with the Director a peer review committee to consider
3 and make recommendations for grants to eligible centers for
4 independent living.
5 (e) Grants to centers for independent living. Each
6 center for independent living that receives assistance from
7 the Department under this Section shall comply with the
8 standards and provide and comply with the assurances that are
9 set forth in the State plan and consistent with Section 725
10 of the federal Act. Each center for independent living
11 receiving financial assistance from the Department shall
12 provide satisfactory assurances at the time and in the manner
13 the Director requires.
14 Beginning October 1, 1994, the Director may award grants
15 to any eligible center for independent living that is
16 receiving funds under Title VII of the federal Act, unless
17 the Director makes a finding that the center for independent
18 living fails to comply with the standards and assurances set
19 forth in Section 725 of the federal Act.
20 If there is no center for independent living serving a
21 region of the State or the region is underserved, and the
22 State receives a federal increase in its allotment sufficient
23 to support one or more additional centers for independent
24 living in the State, the Director may award a grant under
25 this subsection to one or more eligible agencies, consistent
26 with the provisions of the State plan setting forth the
27 design of the State for establishing a statewide network for
28 centers for independent living.
29 In selecting from among eligible agencies in awarding a
30 grant under this subsection for a new center for independent
31 living, the Director and the chairperson of (or other
32 individual designated by) the Council acting on behalf of and
33 at the direction of the Council shall jointly appoint a peer
34 review committee that shall rank applications in accordance
HB0821 Enrolled -48- LRB9002999WHmg
1 with the standards and assurances set forth in Section 725 of
2 the federal Act and criteria jointly established by the
3 Director and the chairperson or designated individual. The
4 peer review committee shall consider the ability of the
5 applicant to operate a center for independent living and
6 shall recommend an applicant to receive a grant under this
7 subsection based on the following:
8 (1) Evidence of the need for a center for
9 independent living, consistent with the State plan.
10 (2) Any past performance of the applicant in
11 providing services comparable to independent living
12 services.
13 (3) The applicant's plan for complying with, or
14 demonstrated success in complying with, the standards and
15 assurances set forth in Section 725 of the federal Act.
16 (4) The quality of key personnel of the applicant
17 and the involvement of individuals with severe
18 disabilities by the applicant.
19 (5) The budgets and cost effectiveness of the
20 applicant.
21 (6) The evaluation plan of the applicant.
22 (7) The ability of the applicant to carry out the
23 plan.
24 The Director shall award the grant on the basis of the
25 recommendation of the peer review committee if the actions of
26 the committee are consistent with federal and State law.
27 (f) Evaluation and review. The Director shall
28 periodically review each center for independent living that
29 receives funds from the Department under Title VII of the
30 federal Act, or moneys appropriated from the General Revenue
31 Fund, to determine whether the center is in compliance with
32 the standards and assurances set forth in Section 725 of the
33 federal Act. If the Director determines that any center
34 receiving those federal or State funds is not in compliance
HB0821 Enrolled -49- LRB9002999WHmg
1 with the standards and assurances set forth in Section 725,
2 the Director shall immediately notify the center that it is
3 out of compliance. The Director shall terminate all funds to
4 that center 90 days after the date of notification or, in the
5 case of a center that requests an appeal, the date of any
6 final decision, unless the center submits a plan to achieve
7 compliance within 90 days and that plan is approved by the
8 Director or 198 on appeal) by the Commissioner.
9 (Source: P.A. 88-10; revised 12-4-96.)
10 (Text of Section after amendment by P.A. 89-507)
11 Sec. 12a. Centers for independent living.
12 (a) Purpose. Recognizing that persons with severe
13 disabilities deserve a high quality of life within their
14 communities regardless of their disabilities, the Department,
15 working with the Statewide Independent Living Council, shall
16 develop a State plan for submission on an annual basis to the
17 Commissioner. The Department shall adopt rules for
18 implementing the State plan in accordance with the federal
19 Act, including rules adopted under the federal Act governing
20 the award of grants.
21 (b) Definitions. As used in this Section, unless the
22 context clearly requires otherwise:
23 "Federal Act" means the federal 1973 Rehabilitation Act.
24 "Center for independent living" means a consumer
25 controlled, community based, cross-disability,
26 non-residential, private non-profit agency that is designated
27 and operated within a local community by individuals with
28 disabilities and provides an array of independent living
29 services.
30 "Consumer controlled" means that the center for
31 independent living vests power and authority in individuals
32 with disabilities and that at least 51% of the directors of
33 the center are persons with one or more disabilities as
34 defined by this Act.
HB0821 Enrolled -50- LRB9002999WHmg
1 "Commissioner" means the Commissioner of the
2 Rehabilitation Services Administration in the United States
3 Department of Health and Human Services.
4 "Council" means the Statewide Independent Living Council
5 appointed under subsection (d).
6 "Individual with a disability" means any individual who
7 has a physical or mental impairment that substantially limits
8 a major life activity, has a record of such an impairment, or
9 is regarded as having such an impairment.
10 "Individual with a severe disability" means an individual
11 with a severe physical or mental impairment, whose ability to
12 function independently in the family or community or whose
13 ability to obtain, maintain, or advance in employment is
14 substantially limited and for whom the delivery of
15 independent living services will improve the ability to
16 function, continue functioning, or move toward functioning
17 independently in the family or community or to continue in
18 employment.
19 "State plan" means the materials submitted by the
20 Department to the Commissioner on an annual basis that
21 contain the State's proposal for:
22 (1) The provision of statewide independent living
23 services.
24 (2) The development and support of a statewide
25 network of centers for independent living.
26 (3) Working relationships between (i) programs
27 providing independent living services and independent
28 living centers and (ii) the vocational rehabilitation
29 program administered by the Department under the federal
30 Act and other programs providing services for individuals
31 with disabilities.
32 (c) Authority. The Department shall be designated the
33 State unit under Title VII of the federal Act and shall have
34 the following responsibilities:
HB0821 Enrolled -51- LRB9002999WHmg
1 (1) To receive, account for, and disburse funds
2 received by the State under the federal Act based on the
3 State plan.
4 (2) To provide administrative support services to
5 centers for independent living programs.
6 (3) To keep records, and take such actions with
7 respect to those records, as the Commissioner finds to be
8 necessary with respect to the programs.
9 (4) To submit additional information or provide
10 assurances the Commissioner may require with respect to
11 the programs.
12 The Secretary and the Chairperson of the Council are
13 responsible for jointly developing and signing the State plan
14 required by Section 704 of the federal Act. The State plan
15 shall conform to the requirements of Section 704 of the
16 federal Act.
17 (d) Statewide Independent Living Council.
18 The Governor shall appoint a Statewide Independent Living
19 Council, comprised of 18 members, which shall be established
20 as an entity separate and distinct from the Department. The
21 composition of the Council shall include the following:
22 (1) At least one director of a center for
23 independent living chosen by the directors of centers for
24 independent living within the State.
25 (2) Two representatives of the Department and a
26 representative each from the Department on Aging, the
27 State Board of Education, and the Department of Children
28 and Family Services, all as non-voting members who shall
29 not be counted in the 18 members appointed by the
30 Governor.
31 In addition, the Council may include the following:
32 (A) One or more representatives of centers for
33 independent living.
34 (B) One or more parents or guardians of individuals
HB0821 Enrolled -52- LRB9002999WHmg
1 with disabilities.
2 (C) One or more advocates for individuals with
3 disabilities.
4 (D) One or more representatives of private
5 business.
6 (E) One or more representatives of organizations
7 that provide services for individuals with disabilities.
8 (F) Other appropriate individuals.
9 After soliciting recommendations from organizations
10 representing a broad range of individuals with disabilities
11 and organizations interested in individuals with
12 disabilities, the Governor shall appoint members of the
13 Council for terms beginning July 1, 1993. The Council shall
14 be composed of members (i) who provide statewide
15 representation; (ii) who represent a broad range of
16 individuals with disabilities; (iii) who are knowledgeable
17 about centers for independent living and independent living
18 services; and (iv) a majority of whom are persons who are
19 individuals with disabilities and are not employed by any
20 State agency or center for independent living. The terms of
21 all members of the Independent Living Advisory Council who
22 were appointed for terms beginning before July 1, 1993, shall
23 expire on July 1, 1993.
24 The council shall elect a chairperson from among its
25 membership.
26 Each member of the Council shall serve for terms of 3
27 years, except that (i) a member appointed to fill a vacancy
28 occurring before the expiration of the term for which the
29 predecessor was appointed shall be appointed for the
30 remainder of that term and (ii) terms of the members
31 initially appointed after the effective date of this
32 amendatory Act of 1993 shall be as follows: 6 of the
33 initial members shall be appointed for terms of one year, 6
34 shall be appointed for terms of 2 years, and 6 shall be
HB0821 Enrolled -53- LRB9002999WHmg
1 appointed for terms of 3 years. No member of the council may
2 serve more than 2 consecutive full terms.
3 Any vacancy occurring in the membership of the Council
4 shall be filled in the same manner as the original
5 appointment. The vacancy shall not affect the power of the
6 remaining members to execute the powers and duties of the
7 Council. The Council shall have the duties enumerated in
8 subsections (c), (d), and (e) of Section 705 of the federal
9 Act.
10 Members shall be reimbursed for their actual expenses
11 incurred in the performance of their duties, including
12 expenses for travel, child care, and personal assistance
13 services, and a member who is not employed or who must
14 forfeit wages from other employment shall be paid reasonable
15 compensation for each day the member is engaged in performing
16 the duties of the Council. The reimbursement or compensation
17 shall be paid from moneys made available to the Department
18 under Part B of Title VII of the federal Act.
19 In addition to the powers and duties granted to advisory
20 boards by Section 8 of the Civil Administrative Code of
21 Illinois, the Council shall have the authority to appoint
22 jointly with the Secretary a peer review committee to
23 consider and make recommendations for grants to eligible
24 centers for independent living.
25 (e) Grants to centers for independent living. Each
26 center for independent living that receives assistance from
27 the Department under this Section shall comply with the
28 standards and provide and comply with the assurances that are
29 set forth in the State plan and consistent with Section 725
30 of the federal Act. Each center for independent living
31 receiving financial assistance from the Department shall
32 provide satisfactory assurances at the time and in the manner
33 the Secretary requires.
34 Beginning October 1, 1994, the Secretary may award grants
HB0821 Enrolled -54- LRB9002999WHmg
1 to any eligible center for independent living that is
2 receiving funds under Title VII of the federal Act, unless
3 the Secretary makes a finding that the center for independent
4 living fails to comply with the standards and assurances set
5 forth in Section 725 of the federal Act.
6 If there is no center for independent living serving a
7 region of the State or the region is underserved, and the
8 State receives a federal increase in its allotment sufficient
9 to support one or more additional centers for independent
10 living in the State, the Secretary may award a grant under
11 this subsection to one or more eligible agencies, consistent
12 with the provisions of the State plan setting forth the
13 design of the State for establishing a statewide network for
14 centers for independent living.
15 In selecting from among eligible agencies in awarding a
16 grant under this subsection for a new center for independent
17 living, the Secretary and the chairperson of (or other
18 individual designated by) the Council acting on behalf of and
19 at the direction of the Council shall jointly appoint a peer
20 review committee that shall rank applications in accordance
21 with the standards and assurances set forth in Section 725 of
22 the federal Act and criteria jointly established by the
23 Secretary and the chairperson or designated individual. The
24 peer review committee shall consider the ability of the
25 applicant to operate a center for independent living and
26 shall recommend an applicant to receive a grant under this
27 subsection based on the following:
28 (1) Evidence of the need for a center for
29 independent living, consistent with the State plan.
30 (2) Any past performance of the applicant in
31 providing services comparable to independent living
32 services.
33 (3) The applicant's plan for complying with, or
34 demonstrated success in complying with, the standards and
HB0821 Enrolled -55- LRB9002999WHmg
1 assurances set forth in Section 725 of the federal Act.
2 (4) The quality of key personnel of the applicant
3 and the involvement of individuals with severe
4 disabilities by the applicant.
5 (5) The budgets and cost effectiveness of the
6 applicant.
7 (6) The evaluation plan of the applicant.
8 (7) The ability of the applicant to carry out the
9 plan.
10 The Secretary shall award the grant on the basis of the
11 recommendation of the peer review committee if the actions of
12 the committee are consistent with federal and State law.
13 (f) Evaluation and review. The Secretary shall
14 periodically review each center for independent living that
15 receives funds from the Department under Title VII of the
16 federal Act, or moneys appropriated from the General Revenue
17 Fund, to determine whether the center is in compliance with
18 the standards and assurances set forth in Section 725 of the
19 federal Act. If the Secretary determines that any center
20 receiving those federal or State funds is not in compliance
21 with the standards and assurances set forth in Section 725,
22 the Secretary shall immediately notify the center that it is
23 out of compliance. The Secretary shall terminate all funds
24 to that center 90 days after the date of notification or, in
25 the case of a center that requests an appeal, the date of any
26 final decision, unless the center submits a plan to achieve
27 compliance within 90 days and that plan is approved by the
28 Secretary or (if 198 on appeal) by the Commissioner.
29 (Source: P.A. 88-10; 89-507, eff. 7-1-97; revised 12-4-96.)
30 (20 ILCS 2405/13) (from Ch. 23, par. 3444)
31 (Text of Section before amendment by P.A. 89-507)
32 Sec. 13. The Department shall have all powers reasonable
33 and necessary for the administration of institutions for
HB0821 Enrolled -56- LRB9002999WHmg
1 persons with one or more disabilities under subsection (f) of
2 Section 3 of this Act, including, but not limited to, the
3 authority to do the following:
4 (a) Appoint and remove the superintendents of the
5 institutions operated by the Department, obtain all other
6 employees subject to the provisions of the Personnel Code,
7 and conduct staff training programs for the development and
8 improvement of services.
9 (b) Provide supervision, housing accommodations, board
10 or the payment of boarding costs, tuition, and treatment free
11 of charge, except as otherwise specified in this Act, for
12 residents of this State who are cared for in any institution,
13 or for persons receiving services under any program under the
14 jurisdiction of the Department. Residents of other states may
15 be admitted upon payment of the costs of board, tuition, and
16 treatment as determined by the Department; provided, that no
17 resident of another state shall be received or retained to
18 the exclusion of any resident of this State. The Department
19 shall accept any donation for the board, tuition, and
20 treatment of any person receiving service or care.
21 (c) Cooperate with the State Board of Education and the
22 Department of Children and Family Services in a program to
23 provide for the placement, supervision, and foster care of
24 children with handicaps who must leave their home community
25 in order to attend schools offering programs in special
26 education.
27 (d) Assess and collect (i) student activity fees and
28 (ii) charges to school districts for transportation of
29 students required under the School Code and provided by the
30 Department. The Department shall direct the expenditure of
31 all money that has been or may be received by any officer of
32 the several State institutions under the direction and
33 supervision of the Department as profit on sales from
34 commissary stores, student activity fees, or charges for
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1 student transportation. The money shall be deposited into a
2 locally held fund and expended under the direction of the
3 Department for the special comfort, pleasure, and amusement
4 of residents and employees and the transportation of
5 residents, provided that amounts expended for comfort,
6 pleasure, and amusement of employees shall not exceed the
7 amount of profits derived from sales made to employees by the
8 commissaries, as determined by the Department.
9 Funds deposited with State institutions under the
10 direction and supervision of the Department by or for
11 residents of those State institutions shall be deposited into
12 interest-bearing accounts, and money received as interest and
13 income on those funds shall be deposited into a "needy
14 student fund" to be held and administered by the institution.
15 Money in the "needy student fund" shall be expended for the
16 special comfort, pleasure, and amusement of the residents of
17 the particular institution where the money is paid or
18 received.
19 Any money belonging to residents separated by death,
20 discharge, or unauthorized absence from institutions
21 described under this Section, in custody of officers of the
22 institutions, may, if unclaimed by the resident or the legal
23 representatives of the resident for a period of 2 years, be
24 expended at the direction of the Department for the purposes
25 and in the manner specified in this subsection (d). Articles
26 of personal property, with the exception of clothing left in
27 the custody of those officers, shall, if unclaimed for the
28 period of 2 years, be sold and the money disposed of in the
29 same manner.
30 Clothing left at the institution by residents at the time
31 of separation may be used as determined by the institution if
32 unclaimed by the resident or legal representatives of the
33 resident within 30 days after notification.
34 (e) Keep, for each institution under the jurisdiction of
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1 the Department, a register of the number of officers,
2 employees, and residents present each day in the year, in a
3 form that will permit a calculation of the average number
4 present each month.
5 (f) Keep, for each institution under the jurisdiction of
6 the Department, so far as may be practicable, a record of
7 stores and supplies received and issued, with the dates and
8 names of the parties from or to whom the stores and supplies
9 were received or issued.
10 (g) Assure that the case and clinical records of
11 patients in Department supervised facilities and persons
12 receiving other services of the institutions of the
13 Department shall not be open to the general public. Those
14 case and clinical records and reports or the information
15 contained in those records and reports shall be disclosed by
16 the Director only to proper law enforcement officials,
17 individuals authorized by court, the Illinois General
18 Assembly or any committee or commission of the General
19 Assembly, and to other persons and for reasons the Director
20 designates by rule or regulation. This Section does not
21 apply to the Department fiscal records, other records of a
22 purely administrative nature, or completed forms and
23 documents used by the Department.
24 (h) Prescribe and require surety bonds from any officer
25 or employee under the jurisdiction of the Department, where
26 deemed advisable, in penal sums determined by the Department.
27 The cost of the bonds shall be paid by the State out of funds
28 appropriated to the Department.
29 (i) Accept and hold in behalf of the State, if for the
30 public interest, a grant, gift, or legacy of money or
31 property to the State of Illinois, to the Department, or to
32 any institution or program of the Department made in trust
33 for the maintenance or support of a resident of an
34 institution of the Department, or for any other legitimate
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1 purpose connected with any such institution or program. The
2 Department shall cause each gift, grant, or legacy to be kept
3 as a distinct fund, and shall invest the gift, grant, or
4 legacy in the manner provided by the laws of this State as
5 those laws now exist or shall hereafter be enacted relating
6 to securities in which the deposits in savings banks may be
7 invested. The Department may, however, in its discretion,
8 deposit in a proper trust company or savings bank, during the
9 continuance of the trust, any fund so left in trust for the
10 life of a person and shall adopt rules and regulations
11 governing the deposit, transfer, or withdrawal of the fund.
12 The Department shall, on the expiration of any trust as
13 provided in any instrument creating the trust, dispose of the
14 fund thereby created in the manner provided in the
15 instrument. The Department shall include in its required
16 reports a statement showing what funds are so held by it and
17 the condition of the funds. Monies found on residents at the
18 time of their admission, or accruing to them during their
19 period of institutional care, and monies deposited with the
20 superintendents by relatives, guardians, or friends of
21 residents for the special comfort and pleasure of a resident,
22 shall remain in the possession of the superintendents, who
23 shall act as trustees for disbursement to, in behalf of, or
24 for the benefit of the resident. All types of retirement and
25 pension benefits from private and public sources may be paid
26 directly to the superintendent of the institution where the
27 person is a resident, for deposit to the resident's trust
28 fund account.
29 (j) Appoint, subject to the Personnel Code, persons to
30 be members of a police and security force. Members of the
31 police and security force shall be peace officers and as such
32 have all powers possessed by policemen in cities and
33 sheriffs, including the power to make arrests on view or
34 warrants of violations of State statutes or city or county
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1 ordinances. These powers may, however, be exercised only in
2 counties of more than 500,000 population when required for
3 the protection of Department properties, interests, and
4 personnel, or specifically requested by appropriate State or
5 local law enforcement officials. Members of the police and
6 security force may not serve and execute civil processes.
7 (k) Maintain, and deposit receipts from the sale of
8 tickets to athletic, musical, and other events into, locally
9 held accounts not to exceed $10,000 per facility for the
10 purposes of (i) providing immediate payment to officials,
11 judges, and athletic referees for their services rendered at
12 school sponsored contests or events and (ii) providing
13 students who are enrolled in an independent living program
14 with cash so that they may fulfill course objectives by
15 purchasing commodities and other required supplies.
16 (l) Promulgate rules of conduct applicable to the
17 residents of institutions for persons with one or more
18 disabilities. The rules shall include specific standards to
19 be used by the Department to determine (i) whether financial
20 restitution shall be required in the event of losses or
21 damages resulting from a resident's action and (ii) the
22 ability of the resident and the resident's parents to pay
23 restitution.
24 (m) From funds appropriated to the Department from the
25 Assistive Technology for Persons with Disabilities Fund, a
26 special fund in the State treasury which is hereby created,
27 provide grants to disabled persons for the purchase of
28 assistive technological devices and related services.
29 (Source: P.A. 87-342; 88-91.)
30 (Text of Section after amendment by P.A. 89-507)
31 Sec. 13. The Department shall have all powers reasonable
32 and necessary for the administration of institutions for
33 persons with one or more disabilities under subsection (f) of
34 Section 3 of this Act, including, but not limited to, the
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1 authority to do the following:
2 (a) Appoint and remove the superintendents of the
3 institutions operated by the Department, obtain all other
4 employees subject to the provisions of the Personnel Code,
5 and conduct staff training programs for the development and
6 improvement of services.
7 (b) Provide supervision, housing accommodations, board
8 or the payment of boarding costs, tuition, and treatment free
9 of charge, except as otherwise specified in this Act, for
10 residents of this State who are cared for in any institution,
11 or for persons receiving services under any program under the
12 jurisdiction of the Department. Residents of other states may
13 be admitted upon payment of the costs of board, tuition, and
14 treatment as determined by the Department; provided, that no
15 resident of another state shall be received or retained to
16 the exclusion of any resident of this State. The Department
17 shall accept any donation for the board, tuition, and
18 treatment of any person receiving service or care.
19 (c) Cooperate with the State Board of Education and the
20 Department of Children and Family Services in a program to
21 provide for the placement, supervision, and foster care of
22 children with handicaps who must leave their home community
23 in order to attend schools offering programs in special
24 education.
25 (d) Assess and collect (i) student activity fees and
26 (ii) charges to school districts for transportation of
27 students required under the School Code and provided by the
28 Department. The Department shall direct the expenditure of
29 all money that has been or may be received by any officer of
30 the several State institutions under the direction and
31 supervision of the Department as profit on sales from
32 commissary stores, student activity fees, or charges for
33 student transportation. The money shall be deposited into a
34 locally held fund and expended under the direction of the
HB0821 Enrolled -62- LRB9002999WHmg
1 Department for the special comfort, pleasure, and amusement
2 of residents and employees and the transportation of
3 residents, provided that amounts expended for comfort,
4 pleasure, and amusement of employees shall not exceed the
5 amount of profits derived from sales made to employees by the
6 commissaries, as determined by the Department.
7 Funds deposited with State institutions under the
8 direction and supervision of the Department by or for
9 residents of those State institutions shall be deposited into
10 interest-bearing accounts, and money received as interest and
11 income on those funds shall be deposited into a "needy
12 student fund" to be held and administered by the institution.
13 Money in the "needy student fund" shall be expended for the
14 special comfort, pleasure, and amusement of the residents of
15 the particular institution where the money is paid or
16 received.
17 Any money belonging to residents separated by death,
18 discharge, or unauthorized absence from institutions
19 described under this Section, in custody of officers of the
20 institutions, may, if unclaimed by the resident or the legal
21 representatives of the resident for a period of 2 years, be
22 expended at the direction of the Department for the purposes
23 and in the manner specified in this subsection (d). Articles
24 of personal property, with the exception of clothing left in
25 the custody of those officers, shall, if unclaimed for the
26 period of 2 years, be sold and the money disposed of in the
27 same manner.
28 Clothing left at the institution by residents at the time
29 of separation may be used as determined by the institution if
30 unclaimed by the resident or legal representatives of the
31 resident within 30 days after notification.
32 (e) Keep, for each institution under the jurisdiction of
33 the Department, a register of the number of officers,
34 employees, and residents present each day in the year, in a
HB0821 Enrolled -63- LRB9002999WHmg
1 form that will permit a calculation of the average number
2 present each month.
3 (f) (Blank). Keep, for each institution under the
4 jurisdiction of the Department, so far as may be practicable,
5 a record of stores and supplies received and issued, with the
6 dates and names of the parties from or to whom the stores and
7 supplies were received or issued.
8 (g) (Blank). Assure that the case and clinical records
9 of patients in Department supervised facilities and persons
10 receiving other services of the institutions of the
11 Department shall not be open to the general public. Those
12 case and clinical records and reports or the information
13 contained in those records and reports shall be disclosed by
14 the Secretary only to proper law enforcement officials,
15 individuals authorized by court, the Illinois General
16 Assembly or any committee or commission of the General
17 Assembly, and to other persons and for reasons the Secretary
18 designates by rule or regulation. This Section does not
19 apply to the Department fiscal records, other records of a
20 purely administrative nature, or completed forms and
21 documents used by the Department.
22 (h) (Blank). Prescribe and require surety bonds from any
23 officer or employee under the jurisdiction of the Department,
24 where deemed advisable, in penal sums determined by the
25 Department. The cost of the bonds shall be paid by the State
26 out of funds appropriated to the Department.
27 (i) Accept and hold in behalf of the State, if for the
28 public interest, a grant, gift, or legacy of money or
29 property to the State of Illinois, to the Department, or to
30 any institution or program of the Department made in trust
31 for the maintenance or support of a resident of an
32 institution of the Department, or for any other legitimate
33 purpose connected with any such institution or program. The
34 Department shall cause each gift, grant, or legacy to be kept
HB0821 Enrolled -64- LRB9002999WHmg
1 as a distinct fund, and shall invest the gift, grant, or
2 legacy in the manner provided by the laws of this State as
3 those laws now exist or shall hereafter be enacted relating
4 to securities in which the deposits in savings banks may be
5 invested. The Department may, however, in its discretion,
6 deposit in a proper trust company or savings bank, during the
7 continuance of the trust, any fund so left in trust for the
8 life of a person and shall adopt rules and regulations
9 governing the deposit, transfer, or withdrawal of the fund.
10 The Department shall, on the expiration of any trust as
11 provided in any instrument creating the trust, dispose of the
12 fund thereby created in the manner provided in the
13 instrument. The Department shall include in its required
14 reports a statement showing what funds are so held by it and
15 the condition of the funds. Monies found on residents at the
16 time of their admission, or accruing to them during their
17 period of institutional care, and monies deposited with the
18 superintendents by relatives, guardians, or friends of
19 residents for the special comfort and pleasure of a resident,
20 shall remain in the possession of the superintendents, who
21 shall act as trustees for disbursement to, in behalf of, or
22 for the benefit of the resident. All types of retirement and
23 pension benefits from private and public sources may be paid
24 directly to the superintendent of the institution where the
25 person is a resident, for deposit to the resident's trust
26 fund account.
27 (j) Appoint, subject to the Personnel Code, persons to
28 be members of a police and security force. Members of the
29 police and security force shall be peace officers and as such
30 have all powers possessed by policemen in cities and
31 sheriffs, including the power to make arrests on view or
32 warrants of violations of State statutes or city or county
33 ordinances. These powers may, however, be exercised only in
34 counties of more than 500,000 population when required for
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1 the protection of Department properties, interests, and
2 personnel, or specifically requested by appropriate State or
3 local law enforcement officials. Members of the police and
4 security force may not serve and execute civil processes.
5 (k) Maintain, and deposit receipts from the sale of
6 tickets to athletic, musical, and other events into, locally
7 held accounts not to exceed $10,000 per facility for the
8 purposes of (i) providing immediate payment to officials,
9 judges, and athletic referees for their services rendered at
10 school sponsored contests or events and (ii) providing
11 students who are enrolled in an independent living program
12 with cash so that they may fulfill course objectives by
13 purchasing commodities and other required supplies.
14 (l) Promulgate rules of conduct applicable to the
15 residents of institutions for persons with one or more
16 disabilities. The rules shall include specific standards to
17 be used by the Department to determine (i) whether financial
18 restitution shall be required in the event of losses or
19 damages resulting from a resident's action and (ii) the
20 ability of the resident and the resident's parents to pay
21 restitution.
22 (m) (Blank). From funds appropriated to the Department
23 from the Assistive Technology for Persons with Disabilities
24 Fund, a special fund in the State treasury which is hereby
25 created, provide grants to disabled persons for the purchase
26 of assistive technological devices and related services.
27 (Source: P.A. 88-91; 89-507, eff. 7-1-97.)
28 Section 5-147. The Civil Administrative Code of Illinois
29 is amended by changing Sections 39b8, 39b9, 39b25, 39b34, and
30 39b46 as follows:
31 (20 ILCS 2505/39b8) (from Ch. 127, par. 39b8)
32 Sec. 39b8. To execute and administer all laws and
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1 regulations, now or hereafter enacted, relating to the safety
2 and purity of illuminating oils and gasoline.
3 This Section is repealed on July 1, 1998.
4 (Source: Laws 1953, p. 175.)
5 (20 ILCS 2505/39b9) (from Ch. 127, par. 39b9)
6 Sec. 39b9. To exercise the rights, powers and duties
7 heretofore or hereafter vested in the Tax Commission herein
8 abolished by the "Revenue Act of 1939", filed May 17, 1939,
9 as amended.
10 This Section is repealed on July 1, 1998.
11 (Source: Laws 1965, p. 175.)
12 (20 ILCS 2505/39b25) (from Ch. 127, par. 39b25)
13 Sec. 39b25. To exercise all the rights, powers and duties
14 vested in said Department by "An Act for the assessment and
15 taxation of Private Car Line Companies", approved July 22,
16 1945.
17 This Section is repealed on July 1, 1998.
18 (Source: Laws 1953, p. 1439.)
19 (20 ILCS 2505/39b34) (from Ch. 127, par. 39b34)
20 Sec. 39b34. To assume all rights, powers, duties and
21 responsibilities of the former Department of Local Government
22 Affairs pertaining to its property taxation related
23 functions. Personnel, books, records, property and funds
24 pertaining to such functions are transferred to the
25 Department, but any rights of employees or the State under
26 the "Personnel Code" or any other contract or plan shall be
27 unaffected hereby.
28 This Section is repealed on July 1, 1998.
29 (Source: P.A. 81-1509.)
30 (20 ILCS 2505/39b46) (from Ch. 127, par. 39b46)
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1 Sec. 39b46. To manage, operate, maintain and preserve
2 from waste the land and physical facilities of the Illinois
3 Income Tax Processing Center at Springfield, Illinois. All
4 personnel, materials, books, records, land and equipment
5 relating to the management, operation and maintenance of the
6 physical facilities of the Illinois Income Tax Processing
7 Center shall be transferred to the Department of Revenue.
8 This Section is repealed on July 1, 1998.
9 (Source: P.A. 82-789.)
10 Section 5-152. The Civil Administrative Code of Illinois
11 is amended by changing Section 49.32 as follows:
12 (20 ILCS 2705/49.32) (from Ch. 127, par. 49.32)
13 Sec. 49.32. Railway service studies.
14 (a) The Department shall conduct a study to evaluate
15 potential ridership, cost, and cost recovery for rail
16 passenger service between Chicago and St. Louis via Illinois
17 Central and Norfolk and Western rail lines through Kankakee,
18 Champaign-Urbana, Decatur, and Springfield and submit a
19 report of its findings to the General Assembly by January 9,
20 1992. This study shall include the feasibility of a train
21 route from Champaign-Urbana that arrives in Chicago before
22 9:00 a.m. each business day.
23 (b) This Section is repealed on July 1, 1998.
24 (Source: P.A. 87-451.)
25 Section 5-155. The Rail Passenger Service Act is amended
26 by adding Section 3.1 as follows:
27 (20 ILCS 2710/3.1 new)
28 Sec. 3.1. Repeal. This Act is repealed on July 1, 1998.
29 Section 5-161. The Capital Development Board Act is
HB0821 Enrolled -68- LRB9002999WHmg
1 amended by changing Section 11 as follows:
2 (20 ILCS 3105/11) (from Ch. 127, par. 781)
3 Sec. 11. The Board shall establish a schedule for the
4 transfer of all projects previously authorized by the General
5 Assembly for construction by the Illinois Building Authority,
6 but not bonded by the Illinois Building Authority at the time
7 this Act shall become effective, including the assignment of
8 construction contracts and other related contracts, transfer
9 of title to real property to the appropriate state agency,
10 and supervision of construction. Such transfer shall be
11 completed no later than June 30, 1973.
12 This Section is repealed on July 1, 1998.
13 (Source: P.A. 77-1995.)
14 Section 5-185. The Illinois Coordinating Committee on
15 Transportation Act is amended by adding Section 4.1 as
16 follows:
17 (20 ILCS 3925/4.1 new)
18 Sec. 4.1. Repeal. This Act is repealed on July 1, 1998.
19 Section 5-205. The Science Advisory Council Act is
20 amended by adding Section 5.1 as follows:
21 (20 ILCS 4025/5.1 new)
22 Sec. 5.1. Repeal. This Act is repealed on July 1, 1998.
23 Section 5-215. The State Finance Act is amended by
24 changing Sections 3, 6h, 6v, 8.1, 8.21, and 8a as follows:
25 (30 ILCS 105/3) (from Ch. 127, par. 139)
26 Sec. 3. (a) Except as otherwise provided in subsection
27 (b), each officer of the executive department and all public
HB0821 Enrolled -69- LRB9002999WHmg
1 institutions of the State shall, at least ten days preceding
2 each regular session of the General Assembly, make and
3 deliver to the Governor an annual a biennial report of their
4 acts and doings, respectively, arranged so as to show the
5 acts and doings of each for the fiscal year ending in the
6 calendar separately, closing with the fiscal year immediately
7 preceding the calendar year in which that each regular
8 session of the General Assembly convenes.
9 (b) The University of Illinois shall, at least 10 days
10 preceding each regular session of the General Assembly, make
11 and deliver to the Governor an annual report of its acts and
12 doings for the fiscal year ending in the calendar year
13 immediately preceding the calendar year in which that regular
14 session of the General Assembly convenes.
15 (Source: P.A. 86-1189.)
16 (30 ILCS 105/6h) (from Ch. 127, par. 142h)
17 Sec. 6h. All payments received under Subtitle A of Title
18 I of the federal "State and Local Fiscal Assistance Act of
19 1972" (Pl. 92-512; 86 Stat. 919) and any interest earned on
20 or accruing to such payments shall be deposited in the
21 Federal Fiscal Assistance Trust Fund.
22 This Section is repealed on July 1, 1998.
23 (Source: P.A. 78-556.)
24 (30 ILCS 105/6v) (from Ch. 127, par. 142v)
25 Sec. 6v. All payments received under Title II of the
26 federal "Public Works Employment Act of 1976", P.L. 94-369,
27 and any interest earned on or accruing to such payments shall
28 be deposited in the Federal Public Works Assistance Fund.
29 This Section is repealed on July 1, 1998.
30 (Source: P.A. 79-1484.)
31 (30 ILCS 105/8.1) (from Ch. 127, par. 144.1)
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1 Sec. 8.1. Appropriations from the Federal Fiscal
2 Assistance Trust Fund shall be for objects and purposes in
3 accord with the federal State and Local Fiscal Assistance Act
4 of 1972 (P.L. 92-512; 86 Stat. 919).
5 This Section is repealed on July 1, 1998.
6 (Source: P.A. 89-626, eff. 8-9-96.)
7 (30 ILCS 105/8.21) (from Ch. 127, par. 144.21)
8 Sec. 8.21. Appropriations from the Federal Public Works
9 and Economic Development Trust Fund shall be for objects and
10 purposes in accord with the federal Public Works and Economic
11 Development Act of 1965, as amended, 42 USC 3121, et seq.,
12 under the administration of the Department of Commerce and
13 Community Affairs.
14 This Section is repealed on July 1, 1998.
15 (Source: P.A. 81-1509.)
16 (30 ILCS 105/8a) (from Ch. 127, par. 144a)
17 Sec. 8a. Common School Fund.
18 (a) Except as provided in subsection (b) of this Section
19 and except as otherwise provided in this subsection (a) with
20 respect to amounts transferred from the General Revenue Fund
21 to the Common School Fund for distribution therefrom for the
22 benefit of the Teachers' Retirement System of the State of
23 Illinois and the Public School Teachers' Pension and
24 Retirement Fund of Chicago:
25 (1) With respect to all school districts, for each
26 fiscal year other than fiscal year 1994, on or before the
27 eleventh and twenty-first days of each of the months of
28 August through the following July, at a time or times
29 designated by the Governor, the State Treasurer and the
30 State Comptroller shall transfer from the General Revenue
31 Fund to the Common School Fund 1/24 or so much thereof as
32 may be necessary of the amount appropriated to the State
HB0821 Enrolled -71- LRB9002999WHmg
1 Board of Education for distribution to all school
2 districts from such Common School Fund, for the fiscal
3 year, including interest on the School Fund proportionate
4 for that distribution for such year.
5 (2) With respect to all school districts, but for
6 fiscal year 1994 only, on the 11th day of August, 1993
7 and on or before the 11th and 21st days of each of the
8 months of October, 1993 through July, 1994 at a time or
9 times designated by the Governor, the State Treasurer and
10 the State Comptroller shall transfer from the General
11 Revenue Fund to the Common School Fund 1/24 or so much
12 thereof as may be necessary of the amount appropriated to
13 the State Board of Education for distribution to all
14 school districts from such Common School Fund, for fiscal
15 year 1994, including interest on the School Fund
16 proportionate for that distribution for such year; and on
17 or before the 21st day of August, 1993 at a time or times
18 designated by the Governor, the State Treasurer and the
19 State Comptroller shall transfer from the General Revenue
20 Fund to the Common School Fund 3/24 or so much thereof as
21 may be necessary of the amount appropriated to the State
22 Board of Education for distribution to all school
23 districts from the Common School Fund, for fiscal year
24 1994, including interest proportionate for that
25 distribution on the School Fund for such fiscal year.
26 The amounts of the payments made in July of each year:
27 (i) shall be considered an outstanding liability as of the
28 30th day of June immediately preceding those July payments,
29 within the meaning of Section 25 of this Act; (ii) shall be
30 payable from the appropriation for the fiscal year that ended
31 on that 30th day of June; and (iii) shall be considered
32 payments for claims covering the school year that commenced
33 during the immediately preceding calendar year.
34 Notwithstanding the foregoing provisions of this
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1 subsection, as soon as may be after the 10th and 20th days of
2 each of the months of August through May, 1/24, and on or as
3 soon as may be after the 10th and 20th days of June, 1/12 of
4 the annual amount appropriated to the State Board of
5 Education for distribution and payment during that fiscal
6 year from the Common School Fund to and for the benefit of
7 the Teachers' Retirement System of the State of Illinois
8 (until the end of State fiscal year 1995) and the Public
9 School Teachers' Pension and Retirement Fund of Chicago as
10 provided by the Illinois Pension Code and Section 18-7 of the
11 School Code, or so much thereof as may be necessary, shall be
12 transferred by the State Treasurer and the State Comptroller
13 from the General Revenue Fund to the Common School Fund to
14 permit semi-monthly payments from the Common School Fund to
15 and for the benefit of such teacher retirement systems as
16 required by Section 18-7 of the School Code.
17 Notwithstanding the other provisions of this Section, on
18 or as soon as may be after the 15th day of each month,
19 beginning in July of 1995, 1/12 of the annual amount
20 appropriated for that fiscal year from the Common School Fund
21 to the Teachers' Retirement System of the State of Illinois
22 (other than amounts appropriated under Section 1.1 of the
23 State Pension Funds Continuing Appropriation Act), or so much
24 thereof as may be necessary, shall be transferred by the
25 State Treasurer and the State Comptroller from the General
26 Revenue Fund to the Common School Fund to permit monthly
27 payments from the Common School Fund to that retirement
28 system in accordance with Section 16-158 of the Illinois
29 Pension Code and Section 18-7 of the School Code. Amounts
30 appropriated to the Teachers' Retirement System of the State
31 of Illinois under Section 1.1 of the State Pension Funds
32 Continuing Appropriation Act shall be transferred by the
33 State Treasurer and the State Comptroller from the General
34 Revenue Fund to the Common School Fund as necessary to
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1 provide for the payment of vouchers drawn against those
2 appropriations.
3 The Governor may notify the State Treasurer and the State
4 Comptroller to transfer, at a time designated by the
5 Governor, such additional amount as may be necessary to
6 effect advance distribution to school districts of amounts
7 that otherwise would be payable in the next month pursuant to
8 Sections 18-8 through 18-10 of the School Code. The State
9 Treasurer and the State Comptroller shall thereupon transfer
10 such additional amount. The aggregate amount transferred from
11 the General Revenue Fund to the Common School Fund in the
12 eleven months beginning August 1 of any fiscal year shall not
13 be in excess of the amount necessary for payment of claims
14 certified by the State Superintendent of Education pursuant
15 to the appropriation of the Common School Fund for that
16 fiscal year. Notwithstanding the provisions of the first
17 paragraph in this section, no transfer to effect an advance
18 distribution shall be made in any month except on
19 notification, as provided above, by the Governor.
20 The State Comptroller and State Treasurer shall transfer
21 from the General Revenue Fund to the Common School Fund such
22 amounts as may be required to honor the vouchers presented by
23 the State Board of Education pursuant to Sections 18-3,
24 18-4.2, 18-4.3, 18-5, 18-6 and 18-7 of the School Code.
25 The State Comptroller and State Treasurer shall transfer
26 from the Federal Fiscal Assistance Trust Fund to the Common
27 School Fund such amounts as the Director of the Bureau of the
28 Budget, with the approval of the Governor, directs so long as
29 no transfer causes the balance remaining in the Federal
30 Fiscal Assistance Fund and the estimated receipts to that
31 Fund to be insufficient to support unexpended appropriations
32 from that Fund.
33 The State Comptroller and State Treasurer shall transfer
34 from the Federal Public Works Assistance Fund to the Common
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1 School Fund such amounts as the Director of the Bureau of the
2 Budget, with the approval of the Governor, directs so long as
3 no transfer causes the balance remaining in the Federal
4 Public Works Assistance Fund and the estimated receipts to
5 that Fund to be insufficient to support unexpended
6 appropriations from that Fund.
7 The State Comptroller shall report all transfers provided
8 for in this Act to the President of the Senate, Minority
9 Leader of the Senate, Speaker of the House, and Minority
10 Leader of the House.
11 (b) On or before the 11th and 21st days of each of the
12 months of June, 1982 through July, 1983, at a time or times
13 designated by the Governor, the State Treasurer and the State
14 Comptroller shall transfer from the General Revenue Fund to
15 the Common School Fund 1/24 or so much thereof as may be
16 necessary of the amount appropriated to the State Board of
17 Education for distribution from such Common School Fund, for
18 that same fiscal year, including interest on the School Fund
19 for such year. The amounts of the payments in the months of
20 July, 1982 and July, 1983 shall be considered an outstanding
21 liability as of the 30th day of June immediately preceding
22 such July payment, within the meaning of Section 25 of this
23 Act, and shall be payable from the appropriation for the
24 fiscal year which ended on such 30th day of June, and such
25 July payments shall be considered payments for claims
26 covering school years 1981-1982 and 1982-1983 respectively.
27 In the event the Governor makes notification to effect
28 advanced distribution under the provisions of subsection (a)
29 of this Section, the aggregate amount transferred from the
30 General Revenue Fund to the Common School Fund in the 12
31 months beginning August 1, 1981 or the 12 months beginning
32 August 1, 1982 shall not be in excess of the amount necessary
33 for payment of claims certified by the State Superintendent
34 of Education pursuant to the appropriation of the Common
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1 School Fund for the fiscal years commencing on the first of
2 July of the years 1981 and 1982.
3 (Source: P.A. 87-14; 87-895; 88-89; 88-593, eff. 8-22-94.)
4 Section 5-220. The Health Finance Transfer of Funds Act
5 is amended by adding Section 1.1 as follows:
6 (30 ILCS 140/1.1 new)
7 Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
8 Section 5-235. The Vehicle Recycling Fund Transfer Act
9 is amended by adding Section 1.1 as follows:
10 (30 ILCS 180/1.1 new)
11 Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
12 Section 5-260. The State Mandates Act is amended by
13 changing Section 4 as follows:
14 (30 ILCS 805/4) (from Ch. 85, par. 2204)
15 Sec. 4. Collection and maintenance of information
16 concerning state mandates.
17 (a) The Department of Commerce and Community Affairs,
18 hereafter referred to as the Department, shall be responsible
19 for:
20 (1) Collecting and maintaining information on State
21 mandates, including information required for effective
22 implementation of the provisions of this Act.
23 (2) Reviewing local government applications for
24 reimbursement submitted under this Act in cases in which
25 the General Assembly has appropriated funds to reimburse
26 local governments for costs associated with the
27 implementation of a State mandate. In cases in which
28 there is no appropriation for reimbursement, upon a
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1 request for determination of a mandate by a unit of local
2 government, or more than one unit of local government
3 filing a single request, other than a school district or
4 a community college district, the Department shall
5 determine whether a Public Act constitutes a mandate and,
6 if so, the Statewide cost of implementation.
7 (3) Hearing complaints or suggestions from local
8 governments and other affected organizations as to
9 existing or proposed State mandates.
10 (4) Reporting each year to the Governor and the
11 General Assembly regarding the administration of
12 provisions of this Act and changes proposed to this Act.
13 The Illinois Commission on Intergovernmental Cooperation
14 shall conduct an annual semi-annual public hearing hearings
15 to review the information collected and the recommendations
16 made by the Department under this subsection (a). The
17 Department shall cooperate fully with the Commission,
18 providing any information, supporting documentation and other
19 assistance required by the Commission to facilitate the
20 conduct of the hearing hearings.
21 (b) Within 2 years following the effective date of this
22 Act, the Department shall collect and tabulate relevant
23 information as to the nature and scope of each existing State
24 mandate, including but not necessarily limited to (i)
25 identity of type of local government and local government
26 agency or official to whom the mandate is directed; (ii)
27 whether or not an identifiable local direct cost is
28 necessitated by the mandate and the estimated annual amount;
29 (iii) extent of State financial participation, if any, in
30 meeting identifiable costs; (iv) State agency, if any,
31 charged with supervising the implementation of the mandate;
32 and (v) a brief description of the mandate and a citation of
33 its origin in statute or regulation.
34 (c) The resulting information from subsection (b) shall
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1 be published in a catalog available to members of the General
2 Assembly, State and local officials, and interested citizens.
3 As new mandates are enacted they shall be added to the
4 catalog, and each January 31 the Department shall list each
5 new mandate enacted at the preceding session of the General
6 Assembly, and the estimated additional identifiable direct
7 costs, if any imposed upon local governments. A revised
8 version of the catalog shall be published every 2 years
9 beginning with the publication date of the first catalog.
10 (d) Failure of the General Assembly to appropriate
11 adequate funds for reimbursement as required by this Act
12 shall not relieve the Department of Commerce and Community
13 Affairs from its obligations under this Section.
14 (Source: P.A. 89-304, eff. 8-11-95.)
15 Section 5-267. The Illinois Municipal Code is amended by
16 changing Section 2-4-6 as follows:
17 (65 ILCS 5/2-4-6) (from Ch. 24, par. 2-4-6)
18 Sec. 2-4-6. If a change of name is made, the corporate
19 authorities shall file a copy of the order making the change
20 with the Secretary of State. The Secretary of State He shall
21 publish a notice of the change at least once in one or more
22 newspapers published in the municipality, or, if no newspaper
23 is published therein, then in one or more newspapers with a
24 general circulation within the municipality. In
25 municipalities with less than 500 population in which no
26 newspaper is published, publication may instead be made by
27 posting a notice in 3 prominent places within the
28 municipality. The courts shall take judicial notice of the
29 change of name.
30 (Source: Laws 1961, p. 576.)
31 Section 5-270. The East St. Louis Area Development Act
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1 is amended by adding Section 25.1 as follows:
2 (70 ILCS 505/25.1 new)
3 Sec. 25.1. Repeal. This Act is repealed on July 1,
4 1998.
5 Section 5-280. The School Code is amended by changing
6 Sections 2-2, 2-3.23, 2-3.42, 2-3.47, and 27-7 as follows:
7 (105 ILCS 5/2-2) (from Ch. 122, par. 2-2)
8 Sec. 2-2. Oath - Bond. Before entering upon their duties
9 the members of the State Board of Education shall take and
10 subscribe the oath of office prescribed by the Constitution
11 and execute a bond in the penalty of $25,000.00 payable to
12 the People of the State of Illinois, with sureties to be
13 approved by the Governor, conditioned upon the faithful
14 discharge of their duties. Such bond and oath shall be filed
15 deposited with the Secretary of State.
16 (Source: P.A. 81-1508.)
17 (105 ILCS 5/2-3.23) (from Ch. 122, par. 2-3.23)
18 Sec. 2-3.23. Reports from universities, colleges, etc. To
19 request the president, principal or other proper officer of
20 every organized university, college, seminary, academy or
21 other educational institution, whether incorporated or
22 unincorporated, to submit such report as it may require, in
23 order to lay before the General Assembly a full exhibit of
24 the affairs and conditions of such institutions and of the
25 educational resources of the State.
26 This Section is repealed on July 1, 1998.
27 (Source: P.A. 81-1508.)
28 (105 ILCS 5/2-3.42) (from Ch. 122, par. 2-3.42)
29 Sec. 2-3.42. Minimal competency testing. To prepare
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1 procedures and materials to encourage and assist local school
2 districts to develop minimal competency testing programs.
3 Such procedures and materials shall be developed by December
4 15, 1978. To report to the General Assembly recommendations
5 for legislation resulting from its policy study and cost
6 analysis by June 30, 1980.
7 This Section is repealed on July 1, 1998.
8 (Source: P.A. 80-1412; 80-1494.)
9 (105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
10 Sec. 2-3.47. Comprehensive Educational Plan. The State
11 Board of Education shall promptly undertake to analyze the
12 current and anticipated problems and deficiencies, present
13 and future minimum needs and requirements and immediate and
14 future objectives and goals of elementary and secondary
15 education in the State of Illinois, and shall design and
16 prepare a Comprehensive Educational Plan for the development,
17 expansion, integration, coordination, and improved and
18 efficient utilization of the personnel, facilities, revenues,
19 curricula and standards of elementary and secondary education
20 for the public schools in the areas of teaching (including
21 preparation, certification, compensation, classification,
22 performance rating and tenure), administration, program
23 content and enrichment, student academic achievement, class
24 size, transportation, educational finance and budgetary and
25 accounting procedure, and educational policy and resource
26 planning. In formulating the Comprehensive Educational Plan
27 for elementary and secondary education, pre-school through
28 grade 12, in this State, the State Board of Education shall
29 give consideration to disabled, gifted, occupational, career
30 and other specialized areas of elementary and secondary
31 education, and further shall consider the problems,
32 requirements and objectives of private elementary and
33 secondary schools within the State as the same relate to the
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1 present and future problems, deficiencies, needs,
2 requirements, objectives and goals of the public school
3 system of Illinois. As an integral part of the Comprehensive
4 Educational Plan, the State Board of Education shall develop
5 an annual budget for education for the entire State which
6 details the required, total revenues from all sources and the
7 estimated total expenditures for all purposes for each of the
8 first 3 fiscal years of operation under the Comprehensive
9 Educational Plan. The budgets shall specify the amount of
10 revenue projected from each source and the amount of
11 expenditure estimated for each purpose for the each such
12 fiscal year, and shall specifically relate and identify such
13 projected revenues and estimated expenditures to the
14 particular problem, deficiency, need, requirement, objective
15 or goal set forth in the Comprehensive Educational Plan to
16 which such revenues for expenditures are attributable. The
17 State Board of Education shall prepare and submit to the
18 General Assembly and the Governor drafts of proposed
19 legislation to implement the Comprehensive Educational Plan;
20 shall engage in a continuing study, analysis and evaluation
21 of the Comprehensive Educational Plan so designed and
22 prepared; shall timely continue to develop an annual budget
23 for education for the entire State for operation under the
24 Comprehensive Educational Plan for fiscal years subsequent to
25 the 3 fiscal years covered by the budgets initially
26 developed; and shall from time to time as required with
27 respect to such annual budgets, and as the State Board of
28 Education shall determine with respect to any proposed
29 amendments or modifications of any Comprehensive Educational
30 Plan enacted by the General Assembly, submit its drafts or
31 recommendations for proposed legislation to the General
32 Assembly and the Governor.
33 (Source: P.A. 89-397, eff. 8-20-95.)
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1 (105 ILCS 5/27-7) (from Ch. 122, par. 27-7)
2 Sec. 27-7. Purposes of courses in physical education and
3 training - Courses of instruction. Courses in physical
4 education and training shall be for the following purposes:
5 1. to develop organic vigor;
6 2. to provide bodily and emotional poise;
7 3. to provide neuro-muscular training;
8 4. to prevent or correct certain postural defects;
9 5. to develop strength and endurance;
10 6. to develop desirable moral and social qualities;
11 7. to promote hygienic school and home life; and
12 8. to secure scientific supervision of the sanitation
13 and safety of school buildings, playgrounds, athletic fields
14 and equipment thereof.
15 The State Board of Education shall prepare and make
16 available guidelines courses of instruction in physical
17 education and training that may be used as guides for the
18 various grades and types of schools in order to make
19 effective the purposes set forth in this section and the
20 requirements provided in Section 27-6, and shall see that the
21 general provisions and intent of Sections 27-5 to 27-9,
22 inclusive, are enforced.
23 (Source: P.A. 81-1508.)
24 Section 5-285. The Critical Health Problems and
25 Comprehensive Health Education Act is amended by changing
26 Section 5 as follows:
27 (105 ILCS 110/5) (from Ch. 122, par. 865)
28 (Text of Section before amendment by P.A. 89-507)
29 Sec. 5. Advisory Committee. An advisory committee
30 consisting of 12 members is hereby established as follows:
31 the Chairman of the Illinois Commission on Children, the
32 Director of the Illinois Department of Public Health, the
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1 Director of the Illinois Department of Mental Health and
2 Developmental Disabilities, the Director of the Illinois
3 Department of Alcoholism and Substance Abuse, the Director of
4 the Illinois Department of Children and Family Services, the
5 Chairman of the Illinois Joint Committee on School Health,
6 and 6 members to be appointed by the State Board of Education
7 to be chosen, insofar as is possible, from the following
8 groups: colleges and universities, voluntary health agencies,
9 medicine, dentistry, professional health associations,
10 teachers, administrators, members of local boards of
11 education, and lay citizens. The original public members
12 shall, upon their appointment, serve until July 1, 1973, and,
13 thereafter, new appointments of public members shall be made
14 in like manner and such members shall serve for 4 year terms
15 commencing on July 1, 1973, and until their successors are
16 appointed and qualified. Vacancies in the terms of public
17 members shall be filled in like manner as original
18 appointments for the balance of the unexpired terms. The
19 members of the advisory committee shall receive no
20 compensation but shall be reimbursed for actual and necessary
21 expenses incurred in the performance of their duties. Such
22 committee shall select a chairman and establish rules and
23 procedures for its proceedings not inconsistent with the
24 provisions of this Act. Such committee shall advise the State
25 Board of Education on all matters relating to the
26 implementation of the provisions of this Act. They shall
27 assist in presenting advice and interpretation concerning a
28 comprehensive health education program to the Illinois
29 public, especially as related to critical health problems.
30 They shall also assist in establishing a sound understanding
31 and sympathetic relationship between such comprehensive
32 health education program and the public health, welfare and
33 educational programs of other agencies in the community.
34 (Source: P.A. 83-969.)
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1 (Text of Section after amendment by P.A. 89-507)
2 Sec. 5. Advisory Committee. An advisory committee
3 consisting of 11 12 members is hereby established as follows:
4 the Chairman of the Illinois Commission on Children, the
5 Director of Public Health, the Secretary of Human Services
6 and an additional person representing the Department of Human
7 Services designated by the Secretary, the Director of
8 Children and Family Services, the Chairman of the Illinois
9 Joint Committee on School Health, and 6 members to be
10 appointed by the State Board of Education to be chosen,
11 insofar as is possible, from the following groups: colleges
12 and universities, voluntary health agencies, medicine,
13 dentistry, professional health associations, teachers,
14 administrators, members of local boards of education, and lay
15 citizens. The original public members shall, upon their
16 appointment, serve until July 1, 1973, and, thereafter, new
17 appointments of public members shall be made in like manner
18 and such members shall serve for 4 year terms commencing on
19 July 1, 1973, and until their successors are appointed and
20 qualified. Vacancies in the terms of public members shall be
21 filled in like manner as original appointments for the
22 balance of the unexpired terms. The members of the advisory
23 committee shall receive no compensation but shall be
24 reimbursed for actual and necessary expenses incurred in the
25 performance of their duties. Such committee shall select a
26 chairman and establish rules and procedures for its
27 proceedings not inconsistent with the provisions of this Act.
28 Such committee shall advise the State Board of Education on
29 all matters relating to the implementation of the provisions
30 of this Act. They shall assist in presenting advice and
31 interpretation concerning a comprehensive health education
32 program to the Illinois public, especially as related to
33 critical health problems. They shall also assist in
34 establishing a sound understanding and sympathetic
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1 relationship between such comprehensive health education
2 program and the public health, welfare and educational
3 programs of other agencies in the community.
4 (Source: P.A. 89-507, eff. 7-1-97.)
5 Section 5-295. The 1985 School District Reorganization
6 Act is amended by adding Section 9.1 as follows:
7 (105 ILCS 220/9.1 new)
8 Sec. 9.1. Repeal. This Act is repealed on July 1, 1998.
9 Section 5-302. The Campus Demonstrations Policy Act is
10 amended by changing Section 2 as follows:
11 (110 ILCS 10/2) (from Ch. 144, par. 226)
12 Sec. 2. The administration of each State-supported
13 institution of higher learning is responsible for maintaining
14 decorum and order on the campus of that institution and shall
15 file a "Policy on Demonstrations" with the Board of Higher
16 Education and the Governor.
17 (Source: P.A. 76-1583.)
18 Section 5-303. The Board of Higher Education Act is
19 amended by changing Sections 6.3 and 9.14 as follows:
20 (110 ILCS 205/6.3) (from Ch. 144, par. 186.3)
21 Sec. 6.3. The Board shall, after affording a full
22 opportunity to the State universities and colleges to be
23 heard, design and establish a comprehensive energy plan
24 including, but not limited to, energy conservation, research
25 for the development of alternate sources of energy, and
26 management plans for the use of land, buildings, equipment
27 and vehicles. The Board shall submit to the General Assembly
28 and the Governor drafts of proposed legislation developed
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1 from the comprehensive energy plan by March 1, 1978. It
2 shall be the responsibility of the Board to recommend
3 modifications to the plan as deemed necessary through an
4 annual review submitted to the Governor and General Assembly.
5 This Section is repealed on July 1, 1998.
6 (Source: P.A. 80-433.)
7 (110 ILCS 205/9.14) (from Ch. 144, par. 189.14)
8 Sec. 9.14. To administer the "Illinois
9 Architecture-Engineering Internship Act of 1983", approved
10 September 26, 1983, as now or hereafter amended, and to
11 promulgate rules and regulations for the administration of
12 the program.
13 This Section is repealed on July 1, 1998.
14 (Source: P.A. 83-1362.)
15 Section 5-304. The University of Illinois Act is amended
16 by changing Section 1b as follows:
17 (110 ILCS 305/1b) (from Ch. 144, par. 22b)
18 Sec. 1b. The Board of Trustees shall, by January 1,
19 1985, submit to the office of the State Fire Marshal plans
20 for a smoke detection system in all University dormitory
21 corridors which shall be connected to a monitor panel and to
22 a central fire alarm system.
23 This Section is repealed on July 1, 1998.
24 (Source: P.A. 83-719.)
25 Section 5-307. The University of Illinois Agricultural
26 Experimental Station Act is amended by adding Section 1.1 as
27 follows:
28 (110 ILCS 390/1.1 new)
29 Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
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1 Section 5-308. The Southern Illinois University Name
2 Change Act is amended by adding Section 1.1 as follows:
3 (110 ILCS 505/1.1 new)
4 Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
5 Section 5-310. The Southern Illinois University
6 Revenue-producing Buildings and Structures Act is amended by
7 adding Section 7.1 as follows:
8 (110 ILCS 515/7.1 new)
9 Sec. 7.1. Repeal. This Act is repealed on July 1, 1998.
10 Section 5-312. The Public Community College Act is
11 amended by changing Sections 2-4, 6-5.3a, 6-5.9, 6-7, 6-7.1,
12 6-7.2, 6-7.3, 6-7.4, and 6-7.5 as follows:
13 (110 ILCS 805/2-4) (from Ch. 122, par. 102-4)
14 Sec. 2-4. The State Board shall have the power to make
15 and provide rules and regulations not inconsistent with the
16 provisions of this Act. The rules shall include, but shall
17 not be limited to: (a) the information which the State Board
18 requires of community college districts when applying for
19 approval of new colleges and branches, including (i) the
20 name, district number, and college number of the college
21 applying for approval of a new branch, and (ii) the name,
22 location, and address of the proposed branch, and (iii) the
23 proposed date of implementation of the application; (b)
24 (blank) the information which the State Board requires of
25 community college districts when applying for approval to
26 extend the courses into non-district territory, including (i)
27 the name, district number, and college number of the college
28 submitting the application to the State Board, (ii) each
29 location to which the college intends to extend existing
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1 courses, (iii) the course prefix, number and title, the term
2 the course is to be offered, and the expected midterm
3 enrollment for each course, (iv) the name of the organization
4 or group requesting the course extension, and (v) a
5 description of financial support for the extension of
6 courses; and (c) the information which the State Board
7 requires of community college districts when applying for
8 approval of new programs, including (i) the community college
9 district name and number, (ii) the name, location, and
10 address of the proposed college, and (iii) the proposed date
11 of implementation of the application. The State Board may not
12 require information other than that specified in the rules.
13 Such rules and regulations and changes therein shall be filed
14 and shall become effective as provided by "The Illinois
15 Administrative Procedure Act", approved September 22, 1975,
16 as now or hereafter amended.
17 (Source: P.A. 84-1358.)
18 (110 ILCS 805/6-5.3a) (from Ch. 122, par. 106-5.3a)
19 Sec. 6-5.3a. (a) Any part of the territory included in a
20 community college district may be disconnected from that
21 district without being annexed to another community college
22 district if: (1) the disconnecting territory is situated in
23 a school district which lies partly within the community
24 college district and partly outside of the community college
25 district; (2) the board of education of the school district
26 is or may be required to pay tuition to the community college
27 district pursuant to Section 6-2 of this Act; (3) the
28 disconnection of the territory will not destroy the
29 contiguity of the community college district; and (4) the
30 disconnection from the community college district of which
31 the territory is presently a part will not reduce the
32 population and equalized assessed valuation of the remainder
33 of that district below that required for original
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1 organization.
2 (b) Subject to those conditions, a petition signed by
3 2/3 of the resident voters of the disconnecting territory may
4 be filed on or before January 1, 1984 with the circuit court
5 of the county in which the majority of the territory is
6 situated. The petition must contain: (1) a description of
7 the territory to be disconnected; (2) an affirmation that all
8 the conditions required for disconnection by subsection (a)
9 exist; and (3) a request for an order of disconnection.
10 (c) If the court, after a hearing on the matter,
11 determines that all of the allegations in the petition are
12 true, it shall enter an order revising the boundaries of the
13 community college district and determining what portion of
14 the bonded indebtedness of the community college district is
15 attributable to the disconnecting territory.
16 (d) This Section is repealed on July 1, 1998.
17 (Source: P.A. 83-132.)
18 (110 ILCS 805/6-5.9) (from Ch. 122, par. 106-5.9)
19 Sec. 6-5.9. The decision of the State Board after a
20 hearing under Section 6-5.3 shall be deemed an
21 "administrative decision" as defined in Section 3-101 of the
22 Code of Civil Procedure and any petitioner or resident who
23 appears at the hearing may file a complaint for a review of
24 such decision in accordance with the Administrative Review
25 Law, and all amendments and modifications thereof and the
26 rules adopted pursuant thereto. The commencement of any
27 action for review shall operate as a stay of enforcement as
28 to any election on the boundary change, pending final
29 disposition of that review.
30 This Section is repealed on July 1, 1998.
31 (Source: P.A. 84-551.)
32 (110 ILCS 805/6-7) (from Ch. 122, par. 106-7)
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1 Sec. 6-7. (a) Any compact and contiguous territory not
2 a part of a community college district established under
3 Article III, VI or VII of this Act, but contiguous thereto,
4 may be annexed to that community college district upon the
5 filing of a petition signed by 51% of the registered voters
6 of the territory with the State Board. The petition must
7 contain a description of the territory to be annexed and
8 request the annexation thereof to the community college
9 district designated therein. If there are no registered
10 voters in the territory proposed to be annexed, the petition
11 may be signed by owners of 51% of the real property in the
12 territory proposed to be annexed.
13 (b) Any compact and contiguous territory not a part of a
14 community college district established under Article III, VI
15 or VII of this Act, but contiguous thereto, may be annexed to
16 that community college district upon the filing of a petition
17 signed by 1/3 or 1,000, whichever is less, of the registered
18 voters of the territory with the State Board. The petition
19 must contain a description of the territory to be annexed and
20 request the annexation thereof to the community college
21 district designated therein. If there are no registered
22 voters in the territory proposed to be annexed, the petition
23 may be signed by owners of 1/3 of the real property in the
24 territory proposed to be annexed.
25 (c) Any compact and contiguous territory not a part of a
26 community college district established under Article III, VI
27 or VII of this Act, but contiguous thereto, may be annexed to
28 that community college district upon the filing of a petition
29 signed by 1/10 or 500, whichever is less, of the registered
30 voters of the territory with the State Board. The petition
31 must contain a description of the territory to be annexed and
32 request that an election be called in the territory described
33 therein for the purpose of voting on the proposition whether
34 that territory shall be annexed to the community college
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1 district designated therein.
2 (d) Any compact and contiguous territory not a part of a
3 community college district established under Article III, VI
4 or VII of this Act, but contiguous thereto, may be annexed to
5 that community college district upon the filing with the
6 State Board of a resolution duly adopted by the board of
7 education having jurisdiction over the high school or high
8 schools which serve that territory. The resolution must
9 contain a description of the territory to be annexed and
10 request the annexation thereof to the community college
11 district designated therein.
12 (e) For purposes of this Section, a territory shall be
13 considered contiguous to a community college district if at
14 any time such territory was contiguous to that community
15 college district or any territory assigned to such district
16 by the State Board, notwithstanding any subsequent change in
17 status of the boundaries of the community college district or
18 territory assigned to such district.
19 (f) This Section is repealed on July 1, 1998.
20 (Source: P.A. 79-1342.)
21 (110 ILCS 805/6-7.1) (from Ch. 122, par. 106-7.1)
22 Sec. 6-7.1. Upon the receipt of a petition filed under
23 paragraph (a) of Section 6-7 and signed by 51% of the
24 registered voters of the territory described in the petition,
25 the State Board shall notify the board of the community
26 college district designated in such petition of the receipt
27 of the petition and shall cause to be published once in one
28 or more newspapers having a general circulation in the
29 territory described in the petition a notice stating that a
30 petition has been filed for certain described territory,
31 stating the prayer of that petition and that any persons
32 wishing to object to the prayer of that petition must file
33 with the State Board within 30 days of the publication date
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1 of the notice, a petition signed by 10% or 25, whichever is
2 less, of the registered voters of that territory requesting a
3 public hearing on such petition. In the event that there are
4 no registered voters in the territory described in the
5 petition filed with the State Board, then any petition
6 requesting a public hearing shall be signed by the owners of
7 25% or more of the real property in that territory. If a
8 petition requesting a public hearing on the petition filed
9 with the State Board is so filed, the State Board shall set
10 that petition for hearing not sooner than 30 nor more than 90
11 days from the date on which the petition for a public hearing
12 was filed and shall cause notice of the date, time and place
13 of the hearing to be published once in one or more newspapers
14 having a general circulation in the territory described in
15 the petition and in the community college district designated
16 in the petition. On such day, or on a day to which the State
17 Board continues the hearing the State Board, or a hearing
18 officer appointed by it, shall conduct the hearing on the
19 petition and determine its sufficiency under this Article and
20 may adjourn the hearing from time to time or continue the
21 matter for want of sufficient notice or for other good cause.
22 The State Board, or a hearing officer appointed by it, shall
23 hear any additional evidence as to the educational needs and
24 conditions of the territory described in the petition and in
25 the area within and adjacent to such territory. If a hearing
26 officer is appointed, he shall report a summary of the
27 testimony to the State Board. At the hearing, any resident of
28 the territory described in the petition, or any district
29 affected thereby, may appear in support of or against the
30 petition. If, on the basis of its own study, or at a public
31 hearing, the State Board finds the petition to be
32 insufficient, it shall disapprove the petition. If, on the
33 basis of its own study, or at a public hearing, the State
34 Board finds the petition to be sufficient, it shall determine
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1 whether the prayer of the petition is in the best interests
2 of the schools and colleges in the general area and the
3 educational welfare of the students residing within the
4 territory described in the petition and shall either approve
5 or disapprove the petition. If the prayer of the petition is
6 determined to be in the best interests of the schools and
7 colleges in the general area and the educational welfare of
8 the students residing within the territory described in the
9 petition, the State Board shall approve the petition. If the
10 State Board disapproves the petition, no further action shall
11 be taken. If it approves the petition, the State Board shall
12 enter an order granting the prayer of the petition with the
13 county clerk of each county which contains territory
14 described in the petition and with the board of the community
15 college district affected. The order of the State Board
16 shall include a description of the territory to be annexed
17 and a map of each county affected, showing the amended
18 boundaries of all community college districts in each county
19 affected.
20 This Section is repealed on July 1, 1998.
21 (Source: P.A. 79-708.)
22 (110 ILCS 805/6-7.2) (from Ch. 122, par. 106-7.2)
23 Sec. 6-7.2. Upon the receipt of a petition filed under
24 paragraph (b) of Section 6-7 and signed by 1/3 or 1,000,
25 whichever is less, of the registered voters in the territory
26 described in the petition, the State Board shall notify the
27 board of the community college district designated in the
28 petition of the receipt of the petition and shall cause to be
29 published once in one or more newspapers having a general
30 circulation in the territory described in the petition, a
31 notice stating that a petition has been filed for certain
32 described territory, stating the prayer of that petition and
33 that any persons wishing to object to the prayer of that
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1 petition must file with the State Board within 30 days of the
2 publication date of such notice a petition signed by 10% or
3 25, whichever is less, of the registered voters of that
4 territory requesting a public hearing on such petition. In
5 the event that there are no registered voters in the
6 territory described in the petition filed with the State
7 Board, then any petition requesting a public hearing shall be
8 filed by the owners of 25% or more of the real property in
9 that territory. If a petition requesting a public hearing on
10 the petition filed with the State Board is so filed, the
11 State Board shall set that petition for hearing no sooner
12 than 30 nor more than 90 days from the date on which the
13 petition for a public hearing was filed and shall cause
14 notice of the date, time and place of the hearing to be
15 published once in one or more newspapers having a general
16 circulation in the territory described in the petition and in
17 the community college district designated therein. On such
18 day, or on a day to which the State Board continues that
19 hearing, the State Board or a hearing officer appointed by
20 it, shall conduct a hearing on the petition and determine its
21 sufficiency under this Article and may adjourn the hearing
22 from time to time or continue the hearing for want of
23 sufficient notice or for other good cause. The State Board,
24 or a hearing officer appointed by it, shall hear any
25 additional evidence as to the educational needs and
26 conditions of the territory described in the petition and in
27 the area within and adjacent to such territory. If a hearing
28 officer is appointed, he shall report a summary of the
29 testimony to the State Board. At the hearing, any resident
30 of the territory described in the petition, or any district
31 affected thereby, may appear in support of or against the
32 petition. If, on the basis of its own study, or at a public
33 hearing, the State Board finds the petition to be
34 insufficient, it shall disapprove the petition. If, on the
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1 basis of its own study, or at a public hearing, the State
2 Board finds the petition to be sufficient, it shall determine
3 whether the prayer of the petition is in the best interests
4 of the schools and colleges in the general area and the
5 educational welfare of the students residing within the
6 territory described in the petition and shall approve or
7 disapprove the petition. If the prayer of the petition is
8 determined to be in the best interests of the schools and
9 colleges in the general area and the educational welfare of
10 the students residing within the territory described in the
11 petition, the State Board shall approve the petition. If the
12 State Board disapproves the petition, no further action shall
13 be taken.
14 If the State Board approves the petition, and if no
15 public hearing has been held pursuant to this Section, the
16 State Board shall enter an order granting the prayer of the
17 petition with the county clerk of each county which contains
18 territory described in the petition and with the board of the
19 community college district affected. The order of the State
20 Board shall include a description of the territory to be
21 annexed and a map of each county affected, showing the
22 amended boundaries of all community college districts in each
23 county affected.
24 If the State Board approves the petition, and if a public
25 hearing has been held pursuant to this Section, the State
26 Board shall cause to be published once in one or more
27 newspapers having a general circulation in the territory
28 described in the petition, a notice stating that the prayer
29 of that petition has been approved and that 1/10 or 25,
30 whichever is less, of the registered voters of the territory
31 described in the petition may file with the State Board,
32 within 30 days of the publication of the notice, a petition
33 requesting that the question of the annexation of the
34 territory described in the petition to the community college
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1 district designated therein be submitted to the voters of
2 such territory. If such a petition is filed with the State
3 Board, the State Board shall direct the appropriate regional
4 superintendent, as determined in the manner provided in
5 Section 3-4, to certify the proposition to the proper
6 election authorities, who shall submit to the electorate at a
7 regular scheduled election in accordance with the general
8 election law the proposition presented by the petition in the
9 territory described in the petition. The costs thereof shall
10 be borne in accordance with Section 3-4.1. If a majority of
11 the votes cast on the proposition is in favor of the
12 proposition, the territory shall be annexed in accordance
13 with the prayer of the petition. Within 30 days after the
14 referendum, the appropriate regional superintendent shall
15 make and file with the State Board, with the county clerk of
16 each county affected, and with the board of the community
17 college district affected, a map showing the amended
18 boundaries of the community college district to which the
19 territory described in the petition has been annexed. If no
20 petition requesting a referendum on the proposition presented
21 by the petition is filed with the State Board, the State
22 Board shall enter an order granting the prayer of the
23 petition with the county clerk of each county which contains
24 territory described in the petition and with the board of the
25 community college district affected. The order by the State
26 Board shall include a description of the territory to be
27 annexed and a map of each county affected, showing the
28 amended boundaries of all community college districts in each
29 county affected.
30 This Section is repealed on July 1, 1998.
31 (Source: P.A. 81-1489.)
32 (110 ILCS 805/6-7.3) (from Ch. 122, par. 106-7.3)
33 Sec. 6-7.3. Upon the receipt of a petition filed under
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1 paragraph (c) of Section 6-7 and signed by 1/10 or 500,
2 whichever is less, of the registered voters of the territory
3 described in the petition, the State Board shall notify the
4 board of the community college district designated therein of
5 the receipt of the petition and shall set the petition for
6 hearing not sooner than 30 nor more than 90 days from the
7 date it was filed with the State Board and shall cause notice
8 of the filing of the petition and of the date, time and place
9 of the hearing to be published once in one or more newspapers
10 having a general circulation in the territory described in
11 the petition and in the community college district designated
12 in this petition. On such day, or on a day to which the State
13 Board continues the hearing, the State Board, or a hearing
14 officer appointed by it, shall hear the petition and
15 determine its sufficiency under this Article and may adjourn
16 the hearing from time to time or continue the matter for want
17 of sufficient notice or for other good cause. The State
18 Board, or a hearing officer appointed by it, shall hear any
19 additional evidence as to the educational needs and
20 conditions of the territory described in the petition, and in
21 the area within and adjacent to such territory, and, if a
22 hearing officer is appointed, he shall report a summary of
23 the testimony to the State Board. At the hearing, any
24 resident of the territory described in the petition or any
25 district affected thereby may appear in support of or against
26 the petition. If the State Board finds the petition to be
27 insufficient, it shall disapprove the petition. If the State
28 Board finds the petition to be sufficient, it shall determine
29 whether the prayer of the petition is in the best interests
30 of the schools and colleges in the general area and the
31 educational welfare of the students residing within the
32 territory and shall either approve or disapprove the
33 petition. If the prayer of the petition is determined to be
34 in the best interests of the schools and colleges in the
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1 general area and the educational welfare of the students
2 residing within the territory described in the petition, the
3 State Board shall approve the petition. If the State Board
4 disapproves the petition, no further action shall be taken.
5 If it approves the petition, the State Board shall direct the
6 appropriate regional superintendent, as determined in the
7 manner provided in Section 3-4 of this Act, to certify the
8 proposition presented by the petition to the proper election
9 officials who shall submit it to the electors in the
10 territory described in the petition at a regular scheduled
11 election in accordance with the general election law.
12 If a majority of the votes cast on the proposition is in
13 favor of the proposition, the territory shall be annexed in
14 accordance with the prayer of the petition. Within 30 days
15 after the referendum, the regional superintendent having
16 certified the proposition shall make and file with the State
17 Board, with the county clerk of each county affected, and
18 with the board of the community college district affected, a
19 map showing the amended boundaries of the community college
20 district to which the territory described in the petition has
21 been annexed.
22 This Section is repealed on July 1, 1998.
23 (Source: P.A. 81-1489.)
24 (110 ILCS 805/6-7.4) (from Ch. 122, par. 106-7.4)
25 Sec. 6-7.4. Upon the receipt of a resolution filed under
26 paragraph (d) of Section 6-7 and duly adopted by the board of
27 education having jurisdiction over the high school or high
28 schools which serve the territory described in the
29 resolution, the State Board shall notify the board of the
30 community college district designated in the resolution of
31 the receipt of the resolution and shall cause to be published
32 once, in one or more newspapers having a general circulation
33 in the territory described in the resolution, a notice
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1 stating that a resolution has been filed for certain
2 described territory, stating the prayer of that resolution
3 and that any person wishing to object to the prayer of that
4 resolution must file with the State Board within 30 days of
5 the publication date of the notice a petition signed by 10%
6 or 25, whichever is less, of the registered voters of that
7 territory requesting a public hearing on such resolution. In
8 the event that there are no registered voters in the
9 territory described in the resolution filed with the State
10 Board, then any petition requesting a public hearing shall be
11 signed by the owners of 25% or more of the real property of
12 that territory. If a petition requesting a public hearing on
13 the resolution is so filed, the State Board shall set that
14 resolution for hearing not sooner than 30 nor more than 90
15 days from the date on which the petition for public hearing
16 was filed and shall cause notice of the date, time and place
17 of the hearing to be published once in one or more newspapers
18 having a general circulation in the territory described in
19 the resolution and in the community college district
20 designated in the resolution. On such day, or on a day to
21 which the State Board continues that hearing, the State
22 Board, or a hearing officer appointed by it, shall hear the
23 resolution and determine its sufficiency under this Article
24 and may adjourn the hearing from time to time or continue the
25 matter for want of sufficient notice or for other good cause.
26 The State Board, or a hearing officer appointed by it, shall
27 hear any additional evidence as to the educational needs and
28 conditions of the territory described in the resolution and
29 in the area within and adjacent to such territory. If a
30 hearing officer is appointed, he shall report a summary of
31 the testimony to the State Board. At the hearing, any
32 resident of the territory described in the resolution, or any
33 district affected thereby, may appear in support of or
34 against the resolution. If, on the basis of its own study,
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1 or at a public hearing, the State Board finds the resolution
2 to be insufficient, it shall disapprove the resolution. If,
3 on the basis of its own study, or at a public hearing, the
4 State Board finds the resolution to be sufficient, it shall
5 determine whether the prayer of the resolution is in the best
6 interests of the schools and colleges in the general area and
7 the educational welfare of the students residing within the
8 territory described in the resolution and shall either
9 approve or disapprove the resolution. If the prayer of the
10 resolution is determined to be in the best interests of the
11 schools and colleges in the general area and the educational
12 welfare of the students residing within the territory
13 described in the resolution, the State Board shall approve
14 the resolution. If the State Board disapproves the
15 resolution, no further action shall be taken.
16 If the State Board approves the resolution, and if no
17 public hearing has been held pursuant to this Section, the
18 State Board shall enter an order granting the prayer of the
19 resolution with the county clerk of each county which
20 contains territory described in the resolution and with the
21 board of the community college district affected. The order
22 by the State Board shall include a description of the
23 territory to be annexed and a map of each county affected,
24 showing the amended boundaries of all community college
25 districts in each county affected.
26 If the State Board approves the resolution, and if a
27 public hearing has been held pursuant to this Section, the
28 State Board shall cause to be published once in one or more
29 newspapers having a general circulation in the territory
30 described in the resolution, a notice stating that the prayer
31 of that resolution has been approved and that 1/10 or 25,
32 whichever is less, of the registered voters of the territory
33 described in the resolution may file with the State Board,
34 within 30 days of the publication of the notice, a petition
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1 requesting that the question of the annexation of the
2 territory described in the resolution to the community
3 college district designated be submitted to the voters of
4 such territory and the date of the prospective referendum.
5 The Executive Secretary of the State Board shall provide a
6 petition form to any individual requesting one. If such a
7 petition is filed with the State Board, the State Board shall
8 direct the appropriate regional superintendent, as determined
9 in the manner provided in Section 3-4 of this Act, to certify
10 the proposition to the proper election officials, who shall
11 submit to the electorate at a regular scheduled election in
12 accordance with the general election law the proposition
13 presented by the resolution in the territory described in the
14 resolution. If a majority of the votes cast on that
15 proposition is in favor of the proposition, the territory
16 shall be annexed in accordance with the prayer of the
17 resolution. Within 30 days after the referendum, the
18 appropriate regional superintendent shall make and file with
19 the State Board, with the county clerk of each county
20 affected, and with the board of the community college
21 district affected, a map showing the amended boundaries of
22 the community college district to which the territory
23 described in the resolution has been annexed. If no petition
24 requesting a referendum on the proposition presented by the
25 resolution is filed with the State Board, the State Board
26 shall enter an order granting the prayer of the resolution
27 with the county clerk of each county which contains territory
28 described in the resolution and with the board of the
29 community college district affected. The order by 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 This Section is repealed on July 1, 1998.
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1 (Source: P.A. 82-1014.)
2 (110 ILCS 805/6-7.5) (from Ch. 122, par. 106-7.5)
3 Sec. 6-7.5. The effective date of the annexation of any
4 territory to a community college district under Section 6-7
5 through 6-7.4 is the date of the last official action
6 necessary to accomplish the annexation under those Sections.
7 This Section is repealed on July 1, 1998.
8 (Source: P.A. 79-708.)
9 Section 5-315. The Baccalaureate Savings Act is amended
10 by changing Sections 3 and 11 as follows:
11 (110 ILCS 920/3) (from Ch. 144, par. 2403)
12 Sec. 3. Definitions. The following terms shall have the
13 meanings ascribed to them in this Section unless the context
14 clearly indicates otherwise:
15 (a) "College Savings Bonds" mean general obligation
16 bonds of the State issued under the General Obligation Bond
17 Act in accordance with this Act and designated as General
18 Obligation College Savings Bonds.
19 (b) "Institution of Higher Education" includes: The
20 University of Illinois; Southern Illinois University; Chicago
21 State University; Eastern Illinois University; Governors
22 State University; Illinois State University; Northeastern
23 Illinois University; Northern Illinois University; Western
24 Illinois University; the public community colleges of the
25 State; any public universities, colleges and community
26 colleges now or hereafter established or authorized by the
27 General Assembly; any nonpublicly supported postsecondary
28 educational organization located and authorized to operate in
29 this State which operates privately, not-for-profit.
30 "Institution of higher education" does not include any
31 educational organization used for sectarian instruction, as a
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1 place of religious teaching or worship or for any religious
2 denomination or the training of ministers, priests, rabbis or
3 other professional persons in the field of religion.
4 (c) "Authority" means the Baccalaureate Trust Authority.
5 (Source: P.A. 89-4, eff. 1-1-96.)
6 (110 ILCS 920/11) (from Ch. 144, par. 2411)
7 Sec. 11. (a) There is hereby created the Baccalaureate
8 Trust Authority. The Authority shall consist of 13 members,
9 8 of whom shall be appointed as follows: the Minority Leader
10 and Speaker of the House and the President and Minority
11 Leader of the Senate shall each appoint one, and the Governor
12 shall appoint 4. The Treasurer of the State, the Executive
13 Director of the Illinois Board of Higher Education, the
14 Executive Director of the Illinois Student Assistance
15 Commission, the Director of the Bureau of the Budget, and the
16 Director of the Illinois Economic and Fiscal Commission, or
17 their respective designees shall each be a member. The
18 Governor and legislative leaders shall give consideration to
19 selecting members that include representatives from the
20 following categories: a trustee, director, officer, or
21 employee of a private institution of higher education; a
22 person having a favorable reputation for skill, knowledge and
23 experience in the field of state and municipal finance,
24 either as a partner, officer or employee of an investment
25 banking firm which originates and purchases state and
26 municipal securities, or as an officer or employee of an
27 insurance company or bank whose duties relate to the purchase
28 of state and municipal securities as an investment and to the
29 management and control of a state and municipal securities
30 portfolio; and a person experienced in and having a favorable
31 reputation for skill, knowledge and experience in the higher
32 education loan finance field. The Board of Higher Education
33 representative shall serve as the chairman. The appointed
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1 members of the Authority first appointed shall serve for
2 terms expiring on June 30 in 1989, 1990, 1991, 1992, 1993,
3 1994, 1995 and 1996, respectively, or until their respective
4 successors have been appointed and have qualified, the
5 initial term of each such member to be determined by lot.
6 Upon the expiration of the term of any member his successor
7 shall be appointed for a term of 6 years and until his
8 successor has been appointed and has qualified. Any vacancy
9 shall be filled in the manner of the original appointment for
10 the remainder of the unexpired term. Any member of the
11 Authority may be removed by the appointing authority for
12 misfeasance, malfeasance or wilful neglect of duty or other
13 cause after notice and a public hearing unless such notice
14 and hearing shall be expressly waived in writing. Members
15 shall be compensated for reasonable actual expenses from
16 funds appropriated to the Illinois Board of Higher Education.
17 Staff assistance shall be provided to the Authority by the
18 Illinois Board of Higher Education. The Authority shall meet
19 at least annually.
20 (b) The Authority shall have the following
21 responsibilities:
22 (1) To make recommendations to the Bureau of the Budget
23 regarding the marketing of College Savings Bonds to ensure
24 their broad distribution throughout the State for educational
25 purposes;
26 (2) To advise the Bureau of the Budget on an effective
27 advertising campaign to inform the general public about
28 College Savings Bonds and their availability;
29 (3) To advise the Governor and the Director of the
30 Bureau of the Budget regarding the increments in which to
31 market the bonds and recommend maturity dates which will make
32 funds available to purchasers at the time when such funds are
33 needed for educational purposes;
34 (4) To advise the Illinois Student Assistance Commission
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1 regarding additional financial incentives as provided in this
2 Act;
3 (5) To advise the Bureau of the Budget on limits that
4 may be imposed on the amount of College Savings Bonds that
5 may be purchased by individual households;
6 (6) To advise the Bureau of the Budget on the minimum
7 denominations to market the College Savings Bonds so that
8 they are affordable by individuals;
9 (7) To evaluate the feasibility of staggered or periodic
10 forms of payments for College Savings Bonds, and to advise
11 the Bureau of the Budget regarding such evaluation;
12 (8) After the initial sale of College Savings Bonds, to
13 assess the effectiveness of the program and recommend
14 constructive changes to the Bureau of the Budget regarding
15 future bond sales;
16 (9) To study and review alternative investment
17 instruments with respect to their suitability for a college
18 savings program;
19 (10) To make recommendations to the General Assembly
20 regarding statutory changes that it deems to be necessary or
21 desirable.
22 (c) This Section is repealed on July 1, 1998.
23 (Source: P.A. 86-168; 86-792; 86-1028.)
24 Section 5-316. The Higher Education Student Assistance
25 Act is amended by changing Section 30 as follows:
26 (110 ILCS 947/30)
27 Sec. 30. Merit recognition scholarship program.
28 (a) As used in this Section:
29 "Eligible applicant" means a student from any
30 approved high school located in this State whose 7th
31 semester cumulative high school grade point average is at
32 or above the 95th percentile, or 90th percentile with
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1 respect to students who graduated from such an approved
2 high school during the 1986-1987 or 1987-1988 school
3 year, of his or her high school class, and who by reason
4 thereof is entitled to apply for scholarships to be
5 awarded under this Section.
6 "Qualified student" means a person: (i) of good
7 moral character who is a resident of this State and a
8 citizen or permanent resident of the United States, (ii)
9 who, as an eligible applicant, has made a timely
10 application for a merit recognition scholarship under
11 this Section, (iii) who has successfully completed the
12 program of instruction at any approved high school
13 located in this State, and (iv) who enrolls or is
14 enrolled in a qualified Illinois institution of higher
15 learning or a Service Academy as an undergraduate student
16 or cadet and has not received a baccalaureate degree.
17 "Merit recognition scholarship" means a $1,000
18 academic scholarship awarded under this Section during an
19 academic year to a qualified student, without regard to
20 financial need, as a scholarship to any qualified
21 Illinois institution of higher learning or a Service
22 Academy in which that student is or will be enrolled as
23 an undergraduate student or cadet, except that a merit
24 recognition scholarship awarded under subsection (k)
25 shall be in the amount of $500.
26 "Service Academy" means the U.S. Air Force Academy,
27 the U.S. Coast Guard Academy, the U.S. Military Academy,
28 or the U.S. Naval Academy.
29 (b) In order to identify, encourage, promote, and reward
30 the distinguished academic achievement of students from every
31 approved high school located in this State, each qualified
32 student shall be awarded a merit recognition scholarship to
33 any qualified Illinois institution of higher learning or to
34 any Service Academy.
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1 (c) No merit recognition scholarship provided for a
2 qualified student under this Section shall be considered in
3 evaluating the financial situation of that student, or be
4 deemed a financial resource of or a form of financial aid or
5 assistance to that student, for purposes of determining the
6 eligibility of the student for any scholarship, grant, or
7 monetary assistance awarded by the Commission, the State or
8 any agency thereof pursuant to the provisions of any other
9 Section of this Act or any other law of this State; nor shall
10 any merit recognition scholarship provided for a qualified
11 student under this Section reduce the amount of any
12 scholarship, grant, or monetary assistance which that student
13 is eligible to be awarded by the Commission, the State, or
14 any agency thereof in accordance with the provisions of any
15 other Section of this Act or any other law of this State.
16 (d) Each approved high school located in this State
17 shall certify to the Commission the names of its students who
18 are eligible applicants, specifying which of the students
19 certified as eligible applicants have completed the program
20 of instruction at that high school and the graduation date
21 fixed for their high school class, and specifying for each of
22 the other eligible applicants whose names appear on the
23 certification the semester of high school last completed by
24 them. The Commission shall promptly notify those eligible
25 applicants so certified who are reasonably assured of
26 receiving a Merit Recognition Scholarship in accordance with
27 the annual funding levels recommended in the Governor's
28 Budget -- other than any eligible applicant named on any such
29 certification who, as an eligible applicant, has previously
30 made application to the Commission for a merit recognition
31 scholarship under this Section -- of their eligibility to
32 apply for a scholarship under this Section. An otherwise
33 eligible applicant who fails to make a timely application (as
34 determined by the Commission) for a merit recognition
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1 scholarship under this Section shall no longer be deemed an
2 eligible applicant and shall not qualify for the award of any
3 merit recognition scholarship.
4 (e) All applications for merit recognition scholarships
5 to be awarded under this Section shall be made to the
6 Commission on forms which the Commission shall provide for
7 eligible applicants. The form of applications and the
8 information required to be set forth therein shall be
9 determined by the Commission, and the Commission shall
10 require eligible applicants to submit with their applications
11 such supporting documents or recommendations as the
12 Commission deems necessary.
13 (f) Whenever an eligible applicant who has completed the
14 program of instruction at any approved high school located in
15 this State thereafter makes timely application to the
16 Commission for a merit recognition scholarship under this
17 Section, the Commission shall promptly determine whether that
18 eligible applicant is a qualified student as defined in
19 subsection (a) of this Section. Each such eligible applicant
20 so determined by the Commission to be a qualified student
21 shall be designated as such by the Commission and, except as
22 otherwise provided under subsection (k), shall be awarded a
23 merit recognition scholarship in the amount of $1,000,
24 effective during the academic year following the qualified
25 student's high school graduation or, should the General
26 Assembly specifically so provide in an appropriation under
27 this Section, effective for a subsequent academic year.
28 (g) Subject to a separate appropriation for purposes, of
29 this Section other than subsection (k), and subject to a
30 separate appropriation for purposes of subsection (k),
31 payment of any merit recognition scholarship awarded under
32 this Section shall be determined by the Commission. All
33 scholarship funds distributed in accordance with this
34 subsection or subsection (k) shall be paid to the qualified
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1 Illinois institution of higher learning or Service Academy
2 and used only for payment of the educational expenses
3 incurred by the student in connection with his or her
4 attendance as an undergraduate student or cadet at that
5 institution or Service Academy, including but not limited to
6 tuition and fees, room and board, books and supplies,
7 required Service Academy uniforms, and travel and personal
8 expenses related to the student's attendance at that
9 institution or Service Academy. Any merit recognition
10 scholarship awarded under this Section shall be applicable to
11 2 semesters or 3 quarters of enrollment. Should a qualified
12 student withdraw from enrollment prior to completion of the
13 first semester or quarter for which the merit recognition
14 scholarship is applicable, the student shall refund to the
15 Commission the full amount of the merit recognition
16 scholarship.
17 (h) The Commission shall administer the merit
18 recognition scholarship aid program established by this
19 Section and shall make all necessary and proper rules, not
20 inconsistent with this Section, for its effective
21 implementation.
22 (i) When an appropriation to the Commission for purposes
23 of this Section other than for purposes of subsection (k) is
24 insufficient to provide scholarships to all qualified
25 students (excluding qualified students under subsection (k)),
26 the Commission shall allocate the appropriation in accordance
27 with this subsection. If funds are insufficient to provide
28 all qualified students (excluding qualified students under
29 subsection (k)), with a scholarship as authorized by
30 subsection (f), the Commission shall allocate the
31 scholarships to qualified students (excluding qualified
32 students under subsection (k)) in order of decreasing
33 percentile as determined by the eligible applicant's
34 cumulative grade point average. All merit recognition
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1 scholarships, other than merit recognition scholarships
2 awarded under subsection (k), shall be in the amount of
3 $1,000.
4 (j) The Commission, in determining the number of
5 scholarships to be offered pursuant to subsection (i), shall
6 take into consideration past experience with the rate of
7 scholarship funds unclaimed by qualified students. To the
8 extent necessary to avoid an overcommitment of funds, the
9 Commission may allocate scholarship funds on the basis of the
10 date the Commission receives a complete application form.
11 (k) (Blank). A $500 merit recognition scholarship shall
12 be awarded under this subsection to those qualified students
13 graduating from any approved high school located in this
14 Section whose 7th semester cumulative high school grade point
15 average was at or above the 90th percentile of their high
16 school class and who graduated from any such high school
17 during the 1986-1987 or 1987-1988 school year and have not
18 already received an initial award under this Section due to
19 insufficient appropriations. Funds for merit recognition
20 scholarships awarded under this subsection shall be provided
21 by a separate appropriation made for purposes of this
22 subsection. If the funds so appropriated are insufficient to
23 provide all qualified students under this subsection with an
24 initial award, the Commission shall allocate the merit
25 recognition scholarships awarded under this subsection to
26 those qualified students in order of decreasing percentile as
27 determined by their 7th semester cumulative high school grade
28 point average.
29 (Source: P.A. 87-997; 88-69; 88-203; 88-670, eff. 12-2-94.)
30 Section 5-317. The Illinois Hospital Construction Act is
31 amended by adding Section 7.1 as follows:
32 (210 ILCS 75/7.1 new)
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1 Sec. 7.1. Repeal. This Act is repealed on July 1, 1998.
2 Section 5-320. The Illinois Insurance Code is amended by
3 changing Sections 132.2, 355a, 512-3, and 1003 and adding
4 Section 488.2 as follows:
5 (215 ILCS 5/132.2) (from Ch. 73, par. 744.2)
6 Sec. 132.2. Definitions. As used in Sections 132.1
7 through 132.7, the terms set forth in this Section have the
8 following meanings:
9 "Company" means any person engaging in or proposing or
10 attempting to engage in any transaction or kind of insurance
11 or surety business and any person or group of persons who may
12 otherwise be subject to the administrative, regulatory, or
13 taxing authority of the Director.
14 "Examiner" means any individual or firm having been
15 authorized by the Director to conduct an examination under
16 this Code.
17 "Insurer" means any company licensed or authorized by the
18 Director to provide any insurance contracts whether by
19 indemnity, guaranty, suretyship, or otherwise; including, but
20 not limited to, those companies licensed or authorized by the
21 Director under the following Acts:
22 (1) The Voluntary Health Services Plans Act.
23 (2) The Vision Service Plan Act.
24 (3) The Dental Service Plan Act.
25 (4) (Blank). The Pharmaceutical Service Plan Act.
26 (5) The Farm Mutual Insurance Company Act of 1986.
27 (6) The Limited Health Service Organization Act.
28 (7) The Health Maintenance Organization Act.
29 "Person" means any individual, aggregation of
30 individuals, trust, association, partnership, or corporation,
31 or any affiliate thereof.
32 (Source: P.A. 87-108.)
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1 (215 ILCS 5/355a) (from Ch. 73, par. 967a)
2 Sec. 355a. (1) The purpose of this Section shall be (a)
3 to provide reasonable standardization and simplification of
4 terms and coverages of individual accident and health
5 insurance policies to facilitate public understanding and
6 comparisons; (b) to eliminate provisions contained in
7 individual accident and health insurance policies which may
8 be misleading or unreasonably confusing in connection either
9 with the purchase of such coverages or with the settlement of
10 claims; and (c) to provide for reasonable disclosure in the
11 sale of accident and health coverages.
12 (2) Definitions applicable to this Section are as
13 follows:
14 (a) "Policy" means all or any part of the forms
15 constituting the contract between the insurer and the
16 insured, including the policy, certificate, subscriber
17 contract, riders, endorsements, and the application if
18 attached, which are subject to filing with and approval by
19 the Director.
20 (b) "Service corporations" means non-profit hospital,
21 medical, voluntary health, vision, dental, and pharmaceutical
22 corporations organized and operating respectively under "The
23 Non-Profit Hospital Service Plan Act", "The Medical Service
24 Plan Act", "The Voluntary Health Services Plans Act", "The
25 Vision Service Plan Act", and "The Dental Service Plan Act",
26 and "The Pharmaceutical Service Plan Act".
27 (c) "Accident and health insurance" means insurance
28 written under Article XX of the Insurance Code, other than
29 credit accident and health insurance, and coverages provided
30 in subscriber contracts issued by service corporations. For
31 purposes of this Section such service corporations shall be
32 deemed to be insurers engaged in the business of insurance.
33 (3) The Director shall issue such rules as he shall deem
34 necessary or desirable to establish specific standards,
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1 including standards of full and fair disclosure that set
2 forth the form and content and required disclosure for sale,
3 of individual policies of accident and health insurance,
4 which rules and regulations shall be in addition to and in
5 accordance with the applicable laws of this State, and which
6 may cover but shall not be limited to: (a) terms of
7 renewability; (b) initial and subsequent conditions of
8 eligibility; (c) non-duplication of coverage provisions; (d)
9 coverage of dependents; (e) pre-existing conditions; (f)
10 termination of insurance; (g) probationary periods; (h)
11 limitation, exceptions, and reductions; (i) elimination
12 periods; (j) requirements regarding replacements; (k)
13 recurrent conditions; and (l) the definition of terms
14 including but not limited to the following: hospital,
15 accident, sickness, injury, physician, accidental means,
16 total disability, partial disability, nervous disorder,
17 guaranteed renewable, and non-cancellable.
18 The Director may issue rules that specify prohibited
19 policy provisions not otherwise specifically authorized by
20 statute which in the opinion of the Director are unjust,
21 unfair or unfairly discriminatory to the policyholder, any
22 person insured under the policy, or beneficiary.
23 (4) The Director shall issue such rules as he shall deem
24 necessary or desirable to establish minimum standards for
25 benefits under each category of coverage in individual
26 accident and health policies, other than conversion policies
27 issued pursuant to a contractual conversion privilege under a
28 group policy, including but not limited to the following
29 categories: (a) basic hospital expense coverage; (b) basic
30 medical-surgical expense coverage; (c) hospital confinement
31 indemnity coverage; (d) major medical expense coverage; (e)
32 disability income protection coverage; (f) accident only
33 coverage; and (g) specified disease or specified accident
34 coverage.
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1 Nothing in this subsection (4) shall preclude the
2 issuance of any policy which combines two or more of the
3 categories of coverage enumerated in subparagraphs (a)
4 through (f) of this subsection.
5 No policy shall be delivered or issued for delivery in
6 this State which does not meet the prescribed minimum
7 standards for the categories of coverage listed in this
8 subsection unless the Director finds that such policy is
9 necessary to meet specific needs of individuals or groups and
10 such individuals or groups will be adequately informed that
11 such policy does not meet the prescribed minimum standards,
12 and such policy meets the requirement that the benefits
13 provided therein are reasonable in relation to the premium
14 charged. The standards and criteria to be used by the
15 Director in approving such policies shall be included in the
16 rules required under this Section with as much specificity as
17 practicable.
18 The Director shall prescribe by rule the method of
19 identification of policies based upon coverages provided.
20 (5) (a) In order to provide for full and fair disclosure
21 in the sale of individual accident and health insurance
22 policies, no such policy shall be delivered or issued for
23 delivery in this State unless the outline of coverage
24 described in paragraph (b) of this subsection either
25 accompanies the policy, or is delivered to the applicant at
26 the time the application is made, and an acknowledgment
27 signed by the insured, of receipt of delivery of such
28 outline, is provided to the insurer. In the event the policy
29 is issued on a basis other than that applied for, the outline
30 of coverage properly describing the policy must accompany the
31 policy when it is delivered and such outline shall clearly
32 state that the policy differs, and to what extent, from that
33 for which application was originally made. All policies,
34 except single premium nonrenewal policies, shall have a
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1 notice prominently printed on the first page of the policy or
2 attached thereto stating in substance, that the policyholder
3 shall have the right to return the policy within ten (10)
4 days of its delivery and to have the premium refunded if
5 after examination of the policy the policyholder is not
6 satisfied for any reason.
7 (b) The Director shall issue such rules as he shall deem
8 necessary or desirable to prescribe the format and content of
9 the outline of coverage required by paragraph (a) of this
10 subsection. "Format" means style, arrangement, and overall
11 appearance, including such items as the size, color, and
12 prominence of type and the arrangement of text and captions.
13 "Content" shall include without limitation thereto,
14 statements relating to the particular policy as to the
15 applicable category of coverage prescribed under subsection
16 4; principal benefits; exceptions, reductions and
17 limitations; and renewal provisions, including any
18 reservation by the insurer of a right to change premiums.
19 Such outline of coverage shall clearly state that it
20 constitutes a summary of the policy issued or applied for and
21 that the policy should be consulted to determine governing
22 contractual provisions.
23 (6) Prior to the issuance of rules pursuant to this
24 Section, the Director shall afford the public, including the
25 companies affected thereby, reasonable opportunity for
26 comment. Such rulemaking is subject to the provisions of
27 "The Illinois Administrative Procedure Act".
28 (7) When a rule has been adopted, pursuant to this
29 Section, all policies of insurance or subscriber contracts
30 which are not in compliance with such rule shall, when so
31 provided in such rule, be deemed to be disapproved as of a
32 date specified in such rule not less than 120 days following
33 its effective date, without any further or additional notice
34 other than the adoption of the rule.
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1 (8) When a rule adopted pursuant to this Section so
2 provides, a policy of insurance or subscriber contract which
3 does not comply with the rule shall not less than 120 days
4 from the effective date of such rule, be construed, and the
5 insurer or service corporation shall be liable, as if the
6 policy or contract did comply with the rule.
7 (9) Violation of any rule adopted pursuant to this
8 Section shall be a violation of the insurance law for
9 purposes of Sections 370 and 446 of the Insurance Code.
10 (Source: P.A. 81-0657; 81-0722; 81-1509.)
11 (215 ILCS 5/488.2 new)
12 Sec. 488.2. Repeal. This Article XXX 1/2 is repealed on
13 July 1, 1998.
14 (215 ILCS 5/512-3) (from Ch. 73, par. 1065.59-3)
15 Sec. 512-3. Definitions. For the purposes of this
16 Article, unless the context otherwise requires, the terms
17 defined in this Article have the meanings ascribed to them
18 herein:
19 (a) "Third party prescription program" or "program"
20 means any system of providing for the reimbursement of
21 pharmaceutical services and prescription drug products
22 offered or operated in this State under a contractual
23 arrangement or agreement between a provider of such services
24 and another party who is not the consumer of those services
25 and products, except for Pharmaceutical Service Plans as
26 defined by Section 4 of the Pharmaceutical Service Plan Act.
27 Such programs may include, but need not be limited to,
28 employee benefit plans whereby a consumer receives
29 prescription drugs or other pharmaceutical services and those
30 services are paid for by an agent of the employer or others.
31 (b) "Third party program administrator" or
32 "administrator" means any person, partnership or corporation
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1 who issues or causes to be issued any payment or
2 reimbursement to a provider for services rendered pursuant to
3 a third party prescription program, but does not include the
4 Director of Public Aid or any agent authorized by the
5 Director to reimburse a provider of services rendered
6 pursuant to a program of which the Department of Public Aid
7 is the third party, or any Pharmaceutical Service Plan
8 Corporation as defined by Section 3 of the Pharmaceutical
9 Plan Act.
10 (Source: P.A. 82-1005.)
11 (215 ILCS 5/1003) (from Ch. 73, par. 1065.703)
12 Sec. 1003. Definitions. As used in this Article: (A)
13 "Adverse underwriting decision" means:
14 (1) any of the following actions with respect to
15 insurance transactions involving insurance coverage which is
16 individually underwritten:
17 (a) a declination of insurance coverage,
18 (b) a termination of insurance coverage,
19 (c) failure of an agent to apply for insurance coverage
20 with a specific insurance institution which the agent
21 represents and which is requested by an applicant,
22 (d) in the case of a property or casualty insurance
23 coverage:
24 (i) placement by an insurance institution or agent of a
25 risk with a residual market mechanism, an unauthorized
26 insurer or an insurance institution which specializes in
27 substandard risks, or
28 (ii) the charging of a higher rate on the basis of
29 information which differs from that which the applicant or
30 policyholder furnished, or
31 (e) in the case of life, health or disability insurance
32 coverage, an offer to insure at higher than standard rates.
33 (2) Notwithstanding paragraph (1) above, the following
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1 actions shall not be considered adverse underwriting
2 decisions but the insurance institution or agent responsible
3 for their occurrence shall nevertheless provide the applicant
4 or policyholder with the specific reason or reasons for their
5 occurrence:
6 (a) the termination of an individual policy form on a
7 class or statewide basis,
8 (b) a declination of insurance coverage solely because
9 such coverage is not available on a class or statewide basis,
10 or
11 (c) the rescission of a policy.
12 (B) "Affiliate" or "affiliated" means a person that
13 directly, or indirectly through one or more intermediaries,
14 controls, is controlled by or is under common control with
15 another person.
16 (C) "Agent" means an individual, firm, partnership,
17 association or corporation who is involved in the
18 solicitation, negotiation or binding of coverages for or on
19 applications or policies of insurance, covering property or
20 risks located in this State. For the purposes of this
21 Article, both "Insurance Agent" and "Insurance Broker", as
22 defined in Section 490, shall be considered an agent.
23 (D) "Applicant" means any person who seeks to contract
24 for insurance coverage other than a person seeking group
25 insurance that is not individually underwritten.
26 (E) "Director" means the Director of Insurance.
27 (F) "Consumer report" means any written, oral or other
28 communication of information bearing on a natural person's
29 credit worthiness, credit standing, credit capacity,
30 character, general reputation, personal characteristics or
31 mode of living which is used or expected to be used in
32 connection with an insurance transaction.
33 (G) "Consumer reporting agency" means any person who:
34 (1) regularly engages, in whole or in part, in the
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1 practice of assembling or preparing consumer reports for a
2 monetary fee,
3 (2) obtains information primarily from sources other than
4 insurance institutions, and
5 (3) furnishes consumer reports to other persons.
6 (H) "Control", including the terms "controlled by" or
7 "under common control with", means the possession, direct or
8 indirect, of the power to direct or cause the direction of
9 the management and policies of a person, whether through the
10 ownership of voting securities, by contract other than a
11 commercial contract for goods or nonmanagement services, or
12 otherwise, unless the power is the result of an official
13 position with or corporate office held by the person.
14 (I) "Declination of insurance coverage" means a denial,
15 in whole or in part, by an insurance institution or agent of
16 requested insurance coverage.
17 (J) "Individual" means any natural person who:
18 (1) in the case of property or casualty insurance, is a
19 past, present or proposed named insured or certificateholder;
20 (2) in the case of life, health or disability insurance,
21 is a past, present or proposed principal insured or
22 certificateholder;
23 (3) is a past, present or proposed policyowner;
24 (4) is a past or present applicant;
25 (5) is a past or present claimant; or
26 (6) derived, derives or is proposed to derive insurance
27 coverage under an insurance policy or certificate subject to
28 this Article.
29 (K) "Institutional source" means any person or
30 governmental entity that provides information about an
31 individual to an agent, insurance institution or
32 insurance-support organization, other than:
33 (1) an agent,
34 (2) the individual who is the subject of the
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1 information, or
2 (3) a natural person acting in a personal capacity
3 rather than in a business or professional capacity.
4 (L) "Insurance institution" means any corporation,
5 association, partnership, reciprocal exchange, inter-insurer,
6 Lloyd's insurer, fraternal benefit society or other person
7 engaged in the business of insurance, health maintenance
8 organizations as defined in Section 2 of the "Health
9 Maintenance Organization Act", medical service plans as
10 defined in Section 2 of "The Medical Service Plan Act",
11 hospital service corporation under "The Nonprofit Health Care
12 Service Plan Act", voluntary health services plans as defined
13 in Section 2 of "The Voluntary Health Services Plans Act",
14 vision service plans as defined in Section 2 of "The Vision
15 Service Plan Act", and dental service plans as defined in
16 Section 4 of "The Dental Service Plan Act", and
17 pharmaceutical service plans as defined in Section 4 of "The
18 Pharmaceutical Service Plan Act". "Insurance institution"
19 shall not include agents or insurance-support organizations.
20 (M) "Insurance-support organization" means: (1) any
21 person who regularly engages, in whole or in part, in the
22 practice of assembling or collecting information about
23 natural persons for the primary purpose of providing the
24 information to an insurance institution or agent for
25 insurance transactions, including:
26 (a) the furnishing of consumer reports or investigative
27 consumer reports to an insurance institution or agent for use
28 in connection with an insurance transaction, or
29 (b) the collection of personal information from
30 insurance institutions, agents or other insurance-support
31 organizations for the purpose of detecting or preventing
32 fraud, material misrepresentation or material nondisclosure
33 in connection with insurance underwriting or insurance claim
34 activity.
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1 (2) Notwithstanding paragraph (1) above, the following
2 persons shall not be considered "insurance-support
3 organizations" for purposes of this Article: agents,
4 government institutions, insurance institutions, medical care
5 institutions and medical professionals.
6 (N) "Insurance transaction" means any transaction
7 involving insurance primarily for personal, family or
8 household needs rather than business or professional needs
9 which entails:
10 (1) the determination of an individual's eligibility for
11 an insurance coverage, benefit or payment, or
12 (2) the servicing of an insurance application, policy,
13 contract or certificate.
14 (O) "Investigative consumer report" means a consumer
15 report or portion thereof in which information about a
16 natural person's character, general reputation, personal
17 characteristics or mode of living is obtained through
18 personal interviews with the person's neighbors, friends,
19 associates, acquaintances or others who may have knowledge
20 concerning such items of information.
21 (P) "Medical-care institution" means any facility or
22 institution that is licensed to provide health care services
23 to natural persons, including but not limited to: hospitals,
24 skilled nursing facilities, home-health agencies, medical
25 clinics, rehabilitation agencies and public-health agencies
26 and health-maintenance organizations.
27 (Q) "Medical professional" means any person licensed or
28 certified to provide health care services to natural
29 persons, including but not limited to, a physician, dentist,
30 nurse, optometrist, chiropractor, pharmacist, physical or
31 occupational therapist, psychiatric social worker, speech
32 therapist, clinical dietitian or clinical psychologist.
33 (R) "Medical-record information" means personal
34 information which:
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1 (1) relates to an individual's physical or mental
2 condition, medical history or medical treatment, and
3 (2) is obtained from a medical professional or
4 medical-care institution, from the individual, or from the
5 individual's spouse, parent or legal guardian.
6 (S) "Person" means any natural person, corporation,
7 association, partnership or other legal entity.
8 (T) "Personal information" means any individually
9 identifiable information gathered in connection with an
10 insurance transaction from which judgments can be made about
11 an individual's character, habits, avocations, finances,
12 occupation, general reputation, credit, health or any other
13 personal characteristics. "Personal information" includes an
14 individual's name and address and "medical-record
15 information" but does not include "privileged information".
16 (U) "Policyholder" means any person who:
17 (1) in the case of individual property or casualty
18 insurance, is a present named insured;
19 (2) in the case of individual life, health or disability
20 insurance, is a present policyowner; or
21 (3) in the case of group insurance which is individually
22 underwritten, is a present group certificateholder.
23 (V) "Pretext interview" means an interview whereby a
24 person, in an attempt to obtain information about a natural
25 person, performs one or more of the following acts:
26 (1) pretends to be someone he or she is not,
27 (2) pretends to represent a person he or she is not in
28 fact representing,
29 (3) misrepresents the true purpose of the interview, or
30 (4) refuses to identify himself or herself upon request.
31 (W) "Privileged information" means any individually
32 identifiable information that: (1) relates to a claim for
33 insurance benefits or a civil or criminal proceeding
34 involving an individual, and (2) is collected in connection
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1 with or in reasonable anticipation of a claim for insurance
2 benefits or civil or criminal proceeding involving an
3 individual; provided, however, information otherwise meeting
4 the requirements of this subsection shall nevertheless be
5 considered "personal information" under this Article if it is
6 disclosed in violation of Section 1014 of this Article.
7 (X) "Residual market mechanism" means an association,
8 organization or other entity described in Article XXXIII of
9 this Act, or Section 7-501 of "The Illinois Vehicle Code".
10 (Y) "Termination of insurance coverage" or "termination
11 of an insurance policy" means either a cancellation or
12 nonrenewal of an insurance policy, in whole or in part, for
13 any reason other than the failure to pay a premium as
14 required by the policy.
15 (Z) "Unauthorized insurer" means an insurance institution
16 that has not been granted a certificate of authority by the
17 Director to transact the business of insurance in this State.
18 (Source: P.A. 82-108.)
19 Section 5-325. The Health Maintenance Organization Act
20 is amended by changing Sections 1-2, 5-3, and 5-6 as follows:
21 (215 ILCS 125/1-2) (from Ch. 111 1/2, par. 1402)
22 Sec. 1-2. Definitions. As used in this Act, unless the
23 context otherwise requires, the following terms shall have
24 the meanings ascribed to them:
25 (1) "Advertisement" means any printed or published
26 material, audiovisual material and descriptive literature of
27 the health care plan used in direct mail, newspapers,
28 magazines, radio scripts, television scripts, billboards and
29 similar displays; and any descriptive literature or sales
30 aids of all kinds disseminated by a representative of the
31 health care plan for presentation to the public including,
32 but not limited to, circulars, leaflets, booklets,
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1 depictions, illustrations, form letters and prepared sales
2 presentations.
3 (2) "Director" means the Director of Insurance.
4 (3) "Basic Health Care Services" means emergency care,
5 and inpatient hospital and physician care, outpatient medical
6 services, mental health services and care for alcohol and
7 drug abuse, including any reasonable deductibles and
8 co-payments, all of which are subject to such limitations as
9 are determined by the Director pursuant to rule.
10 (4) "Enrollee" means an individual who has been enrolled
11 in a health care plan.
12 (5) "Evidence of Coverage" means any certificate,
13 agreement, or contract issued to an enrollee setting out the
14 coverage to which he is entitled in exchange for a per capita
15 prepaid sum.
16 (6) "Group Contract" means a contract for health care
17 services which by its terms limits eligibility to members of
18 a specified group.
19 (7) "Health Care Plan" means any arrangement whereby any
20 organization undertakes to provide or arrange for and pay for
21 or reimburse the cost of basic health care services from
22 providers selected by the Health Maintenance Organization and
23 such arrangement consists of arranging for or the provision
24 of such health care services, as distinguished from mere
25 indemnification against the cost of such services, except as
26 otherwise authorized by Section 2-3 of this Act, on a per
27 capita prepaid basis, through insurance or otherwise. A
28 "health care plan" also includes any arrangement whereby an
29 organization undertakes to provide or arrange for or pay for
30 or reimburse the cost of any health care service for persons
31 who are enrolled in the integrated health care program
32 established under Section 5-16.3 of the Illinois Public Aid
33 Code through providers selected by the organization and the
34 arrangement consists of making provision for the delivery of
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1 health care services, as distinguished from mere
2 indemnification. Nothing in this definition, however,
3 affects the total medical services available to persons
4 eligible for medical assistance under the Illinois Public Aid
5 Code.
6 (8) "Health Care Services" means any services included
7 in the furnishing to any individual of medical or dental
8 care, or the hospitalization or incident to the furnishing of
9 such care or hospitalization as well as the furnishing to any
10 person of any and all other services for the purpose of
11 preventing, alleviating, curing or healing human illness or
12 injury.
13 (9) "Health Maintenance Organization" means any
14 organization formed under the laws of this or another state
15 to provide or arrange for one or more health care plans under
16 a system which causes any part of the risk of health care
17 delivery to be borne by the organization or its providers.
18 (10) "Net Worth" means admitted assets, as defined in
19 Section 1-3 of this Act, minus liabilities.
20 (11) "Organization" means any insurance company, or a
21 nonprofit corporation authorized under the Medical Service
22 Plan Act, the Dental Service Plan Act, the Vision Service
23 Plan Act, the Pharmaceutical Service Plan Act, the Voluntary
24 Health Services Plans Act or the Non-profit Health Care
25 Service Plan Act, or a corporation organized under the laws
26 of this or another state for the purpose of operating one or
27 more health care plans and doing no business other than that
28 of a Health Maintenance Organization or an insurance company.
29 Organization shall also mean the University of Illinois
30 Hospital as defined in the University of Illinois Hospital
31 Act.
32 (12) "Provider" means any physician, hospital facility,
33 or other person which is licensed or otherwise authorized to
34 furnish health care services and also includes any other
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1 entity that arranges for the delivery or furnishing of health
2 care service.
3 (13) "Producer" means a person directly or indirectly
4 associated with a health care plan who engages in
5 solicitation or enrollment.
6 (14) "Per capita prepaid" means a basis of prepayment by
7 which a fixed amount of money is prepaid per individual or
8 any other enrollment unit to the Health Maintenance
9 Organization or for health care services which are provided
10 during a definite time period regardless of the frequency or
11 extent of the services rendered by the Health Maintenance
12 Organization, except for copayments and deductibles and
13 except as provided in subsection (f) of Section 5-3 of this
14 Act.
15 (15) "Subscriber" means a person who has entered into a
16 contractual relationship with the Health Maintenance
17 Organization for the provision of or arrangement of at least
18 basic health care services to the beneficiaries of such
19 contract.
20 (Source: P.A. 88-554, eff. 7-26-94; 89-90, eff. 6-30-95.)
21 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
22 Sec. 5-3. Insurance Code provisions.
23 (a) Health Maintenance Organizations shall be subject to
24 the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
25 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
26 154.6, 154.7, 154.8, 155.04, 355.2, 356m, 367i, 401, 401.1,
27 402, 403, 403A, 408, 408.2, and 412, paragraph (c) of
28 subsection (2) of Section 367, and Articles VIII 1/2, XII,
29 XII 1/2, XIII, XIII 1/2, and XXVI of the Illinois Insurance
30 Code.
31 (b) For purposes of the Illinois Insurance Code, except
32 for Articles XIII and XIII 1/2, Health Maintenance
33 Organizations in the following categories are deemed to be
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1 "domestic companies":
2 (1) a corporation authorized under the Medical
3 Service Plan Act, the Dental Service Plan Act, the Vision
4 Service Plan Act, the Pharmaceutical Service Plan Act,
5 the Voluntary Health Services Plan Act, or the Nonprofit
6 Health Care Service Plan Act;
7 (2) a corporation organized under the laws of this
8 State; or
9 (3) a corporation organized under the laws of
10 another state, 30% or more of the enrollees of which are
11 residents of this State, except a corporation subject to
12 substantially the same requirements in its state of
13 organization as is a "domestic company" under Article
14 VIII 1/2 of the Illinois Insurance Code.
15 (c) In considering the merger, consolidation, or other
16 acquisition of control of a Health Maintenance Organization
17 pursuant to Article VIII 1/2 of the Illinois Insurance Code,
18 (1) the Director shall give primary consideration
19 to the continuation of benefits to enrollees and the
20 financial conditions of the acquired Health Maintenance
21 Organization after the merger, consolidation, or other
22 acquisition of control takes effect;
23 (2)(i) the criteria specified in subsection (1)(b)
24 of Section 131.8 of the Illinois Insurance Code shall not
25 apply and (ii) the Director, in making his determination
26 with respect to the merger, consolidation, or other
27 acquisition of control, need not take into account the
28 effect on competition of the merger, consolidation, or
29 other acquisition of control;
30 (3) the Director shall have the power to require
31 the following information:
32 (A) certification by an independent actuary of
33 the adequacy of the reserves of the Health
34 Maintenance Organization sought to be acquired;
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1 (B) pro forma financial statements reflecting
2 the combined balance sheets of the acquiring company
3 and the Health Maintenance Organization sought to be
4 acquired as of the end of the preceding year and as
5 of a date 90 days prior to the acquisition, as well
6 as pro forma financial statements reflecting
7 projected combined operation for a period of 2
8 years;
9 (C) a pro forma business plan detailing an
10 acquiring party's plans with respect to the
11 operation of the Health Maintenance Organization
12 sought to be acquired for a period of not less than
13 3 years; and
14 (D) such other information as the Director
15 shall require.
16 (d) The provisions of Article VIII 1/2 of the Illinois
17 Insurance Code and this Section 5-3 shall apply to the sale
18 by any health maintenance organization of greater than 10% of
19 its enrollee population (including without limitation the
20 health maintenance organization's right, title, and interest
21 in and to its health care certificates).
22 (e) In considering any management contract or service
23 agreement subject to Section 141.1 of the Illinois Insurance
24 Code, the Director (i) shall, in addition to the criteria
25 specified in Section 141.2 of the Illinois Insurance Code,
26 take into account the effect of the management contract or
27 service agreement on the continuation of benefits to
28 enrollees and the financial condition of the health
29 maintenance organization to be managed or serviced, and (ii)
30 need not take into account the effect of the management
31 contract or service agreement on competition.
32 (f) Except for small employer groups as defined in the
33 Small Employer Rating, Renewability and Portability Health
34 Insurance Act and except for medicare supplement policies as
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1 defined in Section 363 of the Illinois Insurance Code, a
2 Health Maintenance Organization may by contract agree with a
3 group or other enrollment unit to effect refunds or charge
4 additional premiums under the following terms and conditions:
5 (i) the amount of, and other terms and conditions
6 with respect to, the refund or additional premium are set
7 forth in the group or enrollment unit contract agreed in
8 advance of the period for which a refund is to be paid or
9 additional premium is to be charged (which period shall
10 not be less than one year); and
11 (ii) the amount of the refund or additional premium
12 shall not exceed 20% of the Health Maintenance
13 Organization's profitable or unprofitable experience with
14 respect to the group or other enrollment unit for the
15 period (and, for purposes of a refund or additional
16 premium, the profitable or unprofitable experience shall
17 be calculated taking into account a pro rata share of the
18 Health Maintenance Organization's administrative and
19 marketing expenses, but shall not include any refund to
20 be made or additional premium to be paid pursuant to this
21 subsection (f)). The Health Maintenance Organization and
22 the group or enrollment unit may agree that the
23 profitable or unprofitable experience may be calculated
24 taking into account the refund period and the immediately
25 preceding 2 plan years.
26 The Health Maintenance Organization shall include a
27 statement in the evidence of coverage issued to each enrollee
28 describing the possibility of a refund or additional premium,
29 and upon request of any group or enrollment unit, provide to
30 the group or enrollment unit a description of the method used
31 to calculate (1) the Health Maintenance Organization's
32 profitable experience with respect to the group or enrollment
33 unit and the resulting refund to the group or enrollment unit
34 or (2) the Health Maintenance Organization's unprofitable
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1 experience with respect to the group or enrollment unit and
2 the resulting additional premium to be paid by the group or
3 enrollment unit.
4 In no event shall the Illinois Health Maintenance
5 Organization Guaranty Association be liable to pay any
6 contractual obligation of an insolvent organization to pay
7 any refund authorized under this Section.
8 (Source: P.A. 88-313; 89-90, eff. 6-30-95.)
9 (215 ILCS 125/5-6) (from Ch. 111 1/2, par. 1414)
10 Sec. 5-6. Supervision of rehabilitation, liquidation or
11 conservation by the Director.
12 (a) For purposes of the rehabilitation, liquidation or
13 conservation of a health maintenance organization, the
14 operation of a health maintenance organization in this State
15 constitutes a form of insurance protection which should be
16 governed by the same provisions governing the rehabilitation,
17 liquidation or conservation of insurance companies. Any
18 rehabilitation, liquidation or conservation of a Health
19 Maintenance Organization shall be based upon the grounds set
20 forth in and subject to the provisions of the laws of this
21 State regarding the rehabilitation, liquidation, or
22 conservation of an insurance company and shall be conducted
23 under the supervision of the Director. Insolvency, as a
24 ground for rehabilitation, liquidation, or conservation of a
25 Health Maintenance Organization, shall be recognized when a
26 Health Maintenance Organization cannot be expected to satisfy
27 its financial obligations when such obligations are to become
28 due or when the Health Maintenance Organization has neglected
29 to correct within the time prescribed by subsection (c) of
30 Section 2-4, a deficiency occurring due to such
31 organization's prescribed minimum net worth or special
32 contingent reserve being impaired. For purpose of
33 determining the priority of distribution of general assets,
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1 claims of enrollees and enrollees' beneficiaries shall have
2 the same priority as established by Section 205 of the
3 Illinois Insurance Code for policyholders and beneficiaries
4 of insureds of insurance companies. If an enrollee is liable
5 to any provider for services provided pursuant to and covered
6 by the health care plan, that liability shall have the status
7 of an enrollee claim for distribution of general assets.
8 Any provider who is obligated by statute or agreement to
9 hold enrollees harmless from liability for services provided
10 pursuant to and covered by a health care plan shall have a
11 priority of distribution of the general assets immediately
12 following that of enrollees and enrollees' beneficiaries as
13 described herein, and immediately preceding the priority of
14 distribution described in paragraph (e) of subsection (1) of
15 Section 205 of the Illinois Insurance Code.
16 (b) For purposes of Articles XIII and XIII-1/2 of the
17 Illinois Insurance Code, organizations in the following
18 categories shall be deemed to be a "domestic company" and a
19 "domiciliary company":
20 (i) a corporation authorized under the Medical
21 Service Plan Act, the Dental Service Plan Act, the Vision
22 Service Plan Act, the Pharmaceutical Service Plan Act,
23 the Voluntary Health Services Plans Act or the Non-Profit
24 Health Care Service Plan Act;
25 (ii) a corporation organized under the laws of this
26 State; or
27 (iii) a corporation organized under the laws of
28 another state, 20% or more of the enrollees of which are
29 residents of this State, except where such a corporation
30 is, in its state of incorporation, subject to
31 rehabilitation, liquidation and conservation under the
32 laws relating to insurance companies.
33 (c) In the event of the insolvency of a health
34 maintenance organization, no enrollee of such organization
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1 shall be liable to any provider for medical services rendered
2 by such provider, except for applicable co-payments or
3 deductibles for covered services or fees for services not
4 covered by the health maintenance organization, with respect
5 to the amounts such provider is not paid by the Association
6 pursuant to the provisions of Section 6-8 (8)(b) and (c).
7 No provider, whether or not the provider is obligated by
8 statute or agreement to hold enrollees harmless from
9 liability, shall seek to recover any such amount from any
10 enrollee until the Association has made a final determination
11 of its liability (or the resolution of any dispute or
12 litigation resulting therefrom) with respect to the matters
13 specified in such provisions. In the event that the provider
14 seeks to recover such amounts before the Association's final
15 determination of its liability (or the resolution of any
16 dispute or litigation resulting therefrom), the provider
17 shall be liable for all reasonable costs and attorney fees
18 incurred by the Director or the Association in enforcing this
19 provision or any court orders related hereto.
20 (Source: P.A. 88-297; 89-206, eff. 7-21-95.)
21 Section 5-330. The Pharmaceutical Service Plan Act is
22 amended by adding Section 46.1 as follows:
23 (215 ILCS 135/46.1 new)
24 Sec. 46.1. Repeal. This Act is repealed on July 1,
25 1998.
26 Section 5-331. The Public Utilities Act is amended by
27 changing Sections 7-202, 11-302, and 13-301.1 as follows:
28 (220 ILCS 5/7-202) (from Ch. 111 2/3, par. 7-202)
29 Sec. 7-202. If a corporation incorporated under the laws
30 of a foreign state shall petition the Commission for
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1 authorization to acquire by purchase, lease, merger,
2 consolidation or otherwise all or substantially all the
3 franchises, licenses, permits, plants, equipment, business or
4 other property of a public utility incorporated under the
5 laws of Illinois, whose capital stock is subject to
6 assessment under the provisions of the General Revenue Law of
7 Illinois, the Commission shall impose, as a condition to such
8 acquisition, payment annually by such foreign corporation,
9 its successors or assigns, of an amount equal to the amount
10 of taxes legally extended against the assessed valuation of
11 the capital stock of such Illinois public utility in the year
12 immediately preceding the year in which such acquisition
13 occurs. Such annual payment shall be in addition to any other
14 fees and taxes required by law. If such acquisition occurs
15 prior to April 1 in any year, the first such annual payment
16 shall be made in the next calendar year. If such acquisition
17 occurs on or after April 1 in any year, the first such annual
18 payment shall be made in the second following calendar year.
19 The obligation to make such annual payments shall continue as
20 long as such foreign corporation, its successors or assigns,
21 owns, controls, operates or manages within the State of
22 Illinois the franchises, licenses, permits, plants,
23 equipment, business or other property of the Illinois public
24 utility so acquired, or any replacement, renewal or extension
25 thereof or addition thereto. Such annual payment shall be
26 made to the taxing districts whose territorial limits, at the
27 time such payment is required to be made, include the place
28 where the principal office of such Illinois public utility
29 was located at the time of such acquisition, for use for such
30 corporate purposes of such taxing districts as their
31 governing bodies may order. The amount of the payment to each
32 of the several taxing districts shall be in the same ratio to
33 the total required annual payment as the ratio of the rate at
34 which taxes of such taxing district for the preceding year
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1 have been extended to the total of the rates extended for all
2 of the taxes of such taxing districts for the preceding year.
3 Such annual payment shall be made by such foreign
4 corporation, its successors or assigns, to the respective
5 treasurers of such taxing districts within 30 days from the
6 date of delivery by the County Clerk to the Collector of the
7 books for collection of taxes. Such foreign corporation, its
8 successors or assigns, shall within 30 days after such annual
9 payments have been made, file with the Commission duplicate
10 receipts of the respective treasurers of such taxing
11 districts to which such payments were made.
12 This Section is repealed on July 1, 1998.
13 (Source: P.A. 84-617.)
14 (220 ILCS 5/11-302) (from Ch. 111 2/3, par. 11-302)
15 Sec. 11-302. The Commission shall furnish the Office of
16 Public Counsel with copies of the initial pleadings in all
17 proceedings before the Commission under this Act and if the
18 Office intervenes as a party in any proceeding it shall be
19 served with copies of all subsequent pleadings, exhibits and
20 testimony.
21 The Office shall be permitted to intervene in any
22 Commission proceeding under this Act upon filing a notice of
23 intervention with the Commission. Upon filing notice of
24 intervention the Office shall serve all parties with copies
25 of such notice and of all its subsequent pleadings and
26 exhibits. The Office shall otherwise be treated as any party
27 to Commission proceedings and shall be equally subject to any
28 law and regulations which govern the conduct of such
29 proceedings. The Office shall be permitted to utilize all
30 forms of discovery available to other parties and to have
31 access to and the use of all files, records and data of the
32 Commission, necessary to meet the duties of the Office.
33 The Office of Public Counsel shall be funded by an annual
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1 appropriation from the general revenues.
2 (Source: P.A. 84-617; 84-1025.)
3 (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
4 (This Section is scheduled to be repealed July 1, 1999.)
5 Sec. 13-301.1. Universal Telephone Service Assistance
6 Program.
7 (a) The Commission shall by rule or regulation establish
8 a Universal Telephone Service Assistance Program for low
9 income residential customers. The program shall provide for a
10 reduction of access line charges, a reduction of connection
11 charges, or any other alternative to increase accessibility
12 to telephone service that the Commission deems advisable
13 subject to the availability of funds for the program as
14 provided in subsection (b). The Commission shall establish
15 eligibility requirements for benefits under the program.
16 (b) The Commission shall require by rule or regulation
17 that each telecommunications carrier providing local exchange
18 telecommunications services notify its customers that if the
19 customer wishes to participate in the funding of the
20 Universal Telephone Service Assistance Program he may do so
21 by electing to contribute, on a monthly basis, a fixed amount
22 that will be included in the customer's monthly bill. The
23 customer may cease contributing at any time upon providing
24 notice to the telecommunications carrier providing local
25 exchange telecommunications services. The notice shall state
26 that any contribution made will not reduce the customer's
27 bill for telecommunications services. Failure to remit the
28 amount of increased payment will reduce the contribution
29 accordingly. The Commission shall specify the monthly fixed
30 amount or amounts that customers wishing to contribute to the
31 funding of the Universal Telephone Service Assistance Program
32 may choose from in making their contributions. Every
33 telecommunications carrier providing local exchange
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1 telecommunications services shall remit the amounts
2 contributed in accordance with the terms of the Universal
3 Telephone Service Assistance Program.
4 (c) The Commission shall promulgate the rules and
5 regulations necessary to implement the provisions of this
6 Section no later than 180 days after the effective date of
7 this amendatory Act of 1991.
8 (Source: P.A. 87-750.)
9 Section 5-336. The Private Employment Agency Act is
10 amended by changing Sections 10 and 10.1 as follows:
11 (225 ILCS 515/10) (from Ch. 111, par. 910)
12 Sec. 10. Licensee prohibitions. No licensee shall send
13 or cause to be sent any female help or servants, inmate, or
14 performer, to enter any questionable place, or place of bad
15 repute, house of ill-fame, or assignation house, or to any
16 house or place of amusement kept for immoral purposes, or
17 place resorted to for the purpose of prostitution or gambling
18 house, the character of which licensee knows either actually
19 or by reputation.
20 No licensee shall permit questionable characters,
21 prostitutes, gamblers, intoxicated persons, or procurers to
22 frequent the such agency.
23 No licensee shall accept any application for employment
24 made by or on behalf of any child, or shall place or assist
25 in placing any such child in any employment whatever, in
26 violation of the Child Labor Law, approved June 30, 1945, as
27 amended. A violation of any provision of this Section shall
28 be a Class A misdemeanor.
29 No licensee shall publish or cause to be published any
30 fraudulent or misleading notice or advertisement of its such
31 employment agencies, by means of cards, circulars, or signs,
32 or in newspapers or other publications; and all letterheads,
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1 receipts, and blanks shall contain the full name and address
2 of the such employment agency and licensee shall state in all
3 notices and advertisements the fact that licensee is, or
4 conducts, a private employment agency.
5 No licensee shall print, publish, or paint on any sign,
6 or window, or insert in any newspaper or publication, a name
7 similar to that of the Illinois Public Free Employment
8 Office.
9 No licensee shall print or stamp on any receipt or on any
10 contract used by that such agency, any part of this Act,
11 unless the entire Section from which that such part is taken,
12 is printed or stamped thereon.
13 All written communications sent out by any licensee,
14 directly or indirectly, to any person or firm with regard to
15 employees or employment, shall contain therein definite
16 information that such person is a private employment agency.
17 No licensee or his or her employees shall knowingly give
18 any false or misleading information, or make any false or
19 misleading promise to any applicant who shall apply for
20 employment or employees.
21 (Source: P.A. 84-551.)
22 (225 ILCS 515/10.1) (from Ch. 111, par. 911)
23 Sec. 10.1. Farmworkers. The Department of Labor shall
24 proscribe the recruitment by private employment agencies of
25 farmworkers unless the such private employment agency files a
26 statement with the Department of Labor setting forth the
27 terms and conditions, and the existence of any strike, or
28 other concerted stoppage, slowdown, or interruption of
29 operations by employees of the prospective employer at the
30 site of the proposed employment, directly relating to the
31 employment offered to the farmworkers so recruited. A copy of
32 the such statement in English and the language in which the
33 farmworker is fluent shall be given to each farmworker prior
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1 to recruitment by the private employment agencies so
2 recruiting. The statement shall be made on a form provided to
3 private employment agencies by the Job Illinois State
4 Employment Service on request. As used in this Section and
5 Section 10.2, "farmworker" means any person who moves
6 seasonally from one place to another, within or without the
7 State, for the purpose of obtaining employment relating to
8 the planting, raising, or harvesting of any agricultural or
9 horticultural commodities, or the handling, packing, or
10 processing of those such commodities on the farm where
11 produced or at the place of first processing after leaving
12 that such farm.
13 (Source: P.A. 79-902.)
14 Section 5-341. The Coal Mining Act is amended by
15 changing Sections 4.15, 4.16, and 4.35 as follows:
16 (225 ILCS 705/4.15) (from Ch. 96 1/2, par. 415)
17 Sec. 4.15. State Mine Inspectors are sealers of weights
18 and measures in their respective districts, and as such may
19 test all scales used to weigh coal at coal mines. Upon the
20 written request of any mine owner or operator, or of 10 coal
21 miners employed at any one mine, the State Mine Inspector
22 shall test any scale or scales against which a complaint is
23 directed. If he finds that any scale or scales, do not weigh
24 correctly, he shall call the attention of the mine owner or
25 operator to the fact, and direct that said scale or scales be
26 at once overhauled and readjusted so as to indicate only true
27 and exact weights, and he shall forbid the further operation
28 of such mine until the scales are adjusted. In the event the
29 test of the State Mine Inspector conflicts with any test made
30 by any county sealer of weights or under and by virtue of any
31 municipal ordinance or regulation, then the test by the State
32 Mine Inspector shall prevail.
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1 This Section is repealed on July 1, 1998.
2 (Source: Laws 1953, p. 701.)
3 (225 ILCS 705/4.16) (from Ch. 96 1/2, par. 416)
4 Sec. 4.16. For the purpose of carrying out the
5 provisions of Section 4.15 the Mining Board shall furnish
6 each State Mine Inspector with a complete set of standard
7 weights suitable for testing the accuracy of track scales and
8 of all smaller scales at mines. All test weights shall remain
9 in the custody of the State Mine Inspector for use at any
10 mine within his district; and for any amounts expended by him
11 for the storage, transportation, or handling of the weights,
12 he shall be fully reimbursed upon making entry of the proper
13 items in his expense voucher.
14 This Section is repealed on July 1, 1998.
15 (Source: Laws 1953, p. 701.)
16 (225 ILCS 705/4.35) (from Ch. 96 1/2, par. 435)
17 Sec. 4.35. Effective July 1, 1955, all State Mine
18 Inspectors and State Mine Inspectors-at-Large, now employed
19 and those hereafter employed, shall, at the discretion of the
20 Mining Board, be separated from their employment when they
21 reach the age of 65 years.
22 This Section is repealed on July 1, 1998.
23 (Source: Laws 1955, p. 2012.)
24 Section 5-343. The Illinois Public Aid Code is amended
25 by changing Sections 3-8, 4-1.2b, 4-2, 4-10, 4-14, 5-5.16,
26 5-12, 6-2, 6-6, 12-4.7a, 12-4.11, 12-4.20b, and 12-6 as
27 follows:
28 (305 ILCS 5/3-8) (from Ch. 23, par. 3-8)
29 Sec. 3-8. Funeral and burial.
30 If the estate of a deceased recipient is insufficient to
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1 pay for funeral and burial expenses, and if no other
2 resources, including assistance from legally responsible
3 relatives, are available for such purposes, there shall be
4 paid, in accordance with the standards, rules and regulations
5 of the Illinois Department, such reasonable amounts as may be
6 necessary to meet costs of the funeral, burial space, and
7 cemetery charges, or to reimburse any person not financially
8 responsible for the deceased who has voluntarily made
9 expenditures for such costs.
10 Notwithstanding any other provision of this Code to the
11 contrary, the Illinois Department is authorized to reduce or
12 eliminate payments under this Section as necessary to
13 implement contingency reserves under the Emergency Budget Act
14 of Fiscal Year 1992, to the extent permitted by federal law.
15 Any such reduction or elimination shall expire on July 1,
16 1992.
17 (Source: P.A. 87-838.)
18 (305 ILCS 5/4-1.2b) (from Ch. 23, par. 4-1.2b)
19 Sec. 4-1.2b. Federal marriage penalty; waiver. The
20 General Assembly finds that it is in the best interests of
21 children, parents, and the State that minor children reside
22 with 2 parents. Children in 2-parent families are less
23 likely to be and remain poor and less likely to need public
24 assistance. The General Assembly also finds that the current
25 federal requirement that a stepparent's income must be
26 counted to reduce or deny assistance under this Article to
27 the stepchildren penalizes and discourages assistance
28 recipients from forming 2-parent families.
29 Therefore, the Illinois Department shall seek, and make
30 its best efforts to obtain, from the appropriate federal
31 authorities a waiver of the requirement that a stepparent's
32 income must be counted to reduce or deny assistance under
33 this Article to the stepchildren in the assistance unit. To
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1 assist the General Assembly in its deliberations for program
2 initiatives beginning in Fiscal Year 1994, the Illinois
3 Department shall report to the General Assembly no later than
4 March 31, 1993 the results of the effort to obtain the waiver
5 from the federal government.
6 This Section is repealed on July 1, 1998.
7 (Source: P.A. 87-1056.)
8 (305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
9 Sec. 4-2. Amount of aid.
10 (a) The amount and nature of financial aid shall be
11 determined in accordance with the standards, grant amounts,
12 rules and regulations of the Illinois Department. Due regard
13 shall be given to the self-sufficiency requirements of the
14 family and to the income, money contributions and other
15 support and resources available, from whatever source.
16 Beginning July 1, 1992, the supplementary grants previously
17 paid under this Section shall no longer be paid. However,
18 the amount and nature of any financial aid is not affected by
19 the payment of any grant under the "Senior Citizens and
20 Disabled Persons Property Tax Relief and Pharmaceutical
21 Assistance Act". The aid shall be sufficient, when added to
22 all other income, money contributions and support to provide
23 the family with a grant in the amount established by
24 Department regulation.
25 (b) The Illinois Department may conduct special
26 projects, which may be known as Grant Diversion Projects,
27 under which recipients of financial aid under this Article
28 are placed in jobs and their grants are diverted to the
29 employer who in turn makes payments to the recipients in the
30 form of salary or other employment benefits. The Illinois
31 Department shall by rule specify the terms and conditions of
32 such Grant Diversion Projects. Such projects shall take into
33 consideration and be coordinated with the programs
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1 administered under the Illinois Emergency Employment
2 Development Act.
3 (c) The amount and nature of the financial aid for a
4 child requiring care outside his own home shall be determined
5 in accordance with the rules and regulations of the Illinois
6 Department, with due regard to the needs and requirements of
7 the child in the foster home or institution in which he has
8 been placed.
9 (d) If the Department establishes grants for family
10 units consisting exclusively of a pregnant woman with no
11 dependent child, the grant amount for such a unit shall be
12 equal to the grant amount for an assistance unit consisting
13 of one adult. Other than as herein described, an unborn
14 child shall not be counted in determining the size of an
15 assistance unit or for calculating grants.
16 Payments for basic maintenance requirements of a child or
17 children and the relative with whom the child or children are
18 living shall be prescribed, by rule, by the Illinois
19 Department.
20 These grants may be increased in the following circumstances:
21 1. If the child is living with both parents or with
22 persons standing in the relationship of parents, and if
23 the grant is necessitated because of the unemployment or
24 insufficient earnings of the parent or parents and
25 neither parent is receiving benefits under "The
26 Unemployment Compensation Act", approved June 30, 1937,
27 as amended, the maximum may be increased by not more than
28 $25.
29 2. If a child is age 13 or over, the maximum may be
30 increased by not more than $15.
31 The allowances provided under Article IX for recipients
32 participating in the training and rehabilitation programs
33 shall be in addition to the maximum payments established in
34 this Section.
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1 Grants under this Article shall not be supplemented by
2 General Assistance provided under Article VI.
3 (e) Grants shall be paid to the parent or other person
4 with whom the child or children are living, except for such
5 amount as is paid in behalf of the child or his parent or
6 other relative to other persons or agencies pursuant to this
7 Code or the rules and regulations of the Illinois Department.
8 (f) An assistance unit, receiving financial aid under
9 this Article or temporarily ineligible to receive aid under
10 this Article under a penalty imposed by the Illinois
11 Department for failure to comply with the eligibility
12 requirements or that voluntarily requests termination of
13 financial assistance under this Article and becomes
14 subsequently eligible for assistance within 9 months, shall
15 not receive any increase in the amount of aid solely on
16 account of the birth of a child; except that an increase is
17 not prohibited when the birth is (i) of a child of a pregnant
18 woman who became eligible for aid under this Article during
19 the pregnancy, or (ii) of a child born within 10 months after
20 the date of implementation of this subsection, or (iii) of a
21 child conceived after a family became ineligible for
22 assistance due to income or marriage and at least 3 months of
23 ineligibility expired before any reapplication for
24 assistance. This subsection does not, however, prevent a
25 unit from receiving a general increase in the amount of aid
26 that is provided to all recipients of aid under this Article.
27 The Illinois Department is authorized to transfer funds,
28 and shall use any budgetary savings attributable to not
29 increasing the grants due to the births of additional
30 children, to supplement existing funding for employment and
31 training services within the JOBS or its successor program
32 for recipients of aid under this Article IV. The Illinois
33 Department shall target, to the extent the supplemental
34 funding allows, JOBS services to the families who do not
HB0821 Enrolled -143- LRB9002999WHmg
1 receive a grant increase after the birth of a child. In
2 addition, the Illinois Department shall provide, to the
3 extent the supplemental funding allows, such families with up
4 to 24 months of transitional child care pursuant to Illinois
5 Department rules. All remaining supplemental funds shall be
6 used for JOBS employment and training services or
7 transitional child care support.
8 In making the transfers authorized by this subsection,
9 the Illinois Department shall first determine, pursuant to
10 regulations adopted by the Illinois Department for this
11 purpose, the amount of savings attributable to not increasing
12 the grants due to the births of additional children.
13 Transfers may be made from General Revenue Fund
14 appropriations for distributive purposes authorized by
15 Article IV of this Code only to General Revenue Fund
16 appropriations for employability development services
17 including operating and administrative costs and related
18 distributive purposes under Article IXA of this Code. The
19 Director, with the approval of the Governor, shall certify
20 the amount and affected line item appropriations to the State
21 Comptroller.
22 The Illinois Department shall apply for all waivers of
23 federal law and regulations necessary to implement this
24 subsection; implementation of this subsection is contingent
25 on the Illinois Department receiving all necessary federal
26 waivers. The Illinois Department may implement this
27 subsection through the use of emergency rules in accordance
28 with Section 5-45 of the Illinois Administrative Procedure
29 Act. For purposes of the Illinois Administrative Procedure
30 Act, the adoption of rules to implement this subsection shall
31 be considered an emergency and necessary for the public
32 interest, safety, and welfare.
33 Nothing in this subsection shall be construed to prohibit
34 the Illinois Department from using AFDC funds to provide
HB0821 Enrolled -144- LRB9002999WHmg
1 assistance in the form of vouchers that may be used to pay
2 for goods and services deemed by the Illinois Department, by
3 rule, as suitable for the care of the child such as diapers,
4 clothing, school supplies, and cribs.
5 (g) (Blank). Notwithstanding any other provision of this
6 Code to the contrary, the Illinois Department is authorized
7 to reduce or eliminate payments for supplementary grants
8 under the first paragraph of this Section as necessary to
9 implement contingency reserves under the Emergency Budget Act
10 of Fiscal Year 1992, to the extent permitted by federal law.
11 Any such reduction or elimination shall expire on July 1,
12 1992.
13 (Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
14 89-641, eff. 8-9-96.)
15 (305 ILCS 5/4-10) (from Ch. 23, par. 4-10)
16 Sec. 4-10. 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
19 resources, including assistance from legally responsible
20 relatives, are available for such purposes, there shall be
21 paid, in accordance with the standards, rules and regulations
22 of the Illinois Department, such reasonable amounts as may be
23 necessary to meet costs of the funeral, burial space, and
24 cemetery charges or to reimburse any person not financially
25 responsible for the deceased who has voluntarily made
26 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 5/4-14) (from Ch. 23, par. 4-14)
3 Sec. 4-14. As provided by the Energy Assistance Act of
4 1989, enacted by the 86th General Assembly, between November
5 1 and April 30 the Department shall, pursuant to Section
6 12-4.7a, make payments to the Department of Commerce and
7 Community Affairs for special energy assistance on behalf of
8 families eligible pursuant to Section 4-1 of this Code. Such
9 payments or transfers or deposits shall not exceed the
10 amounts appropriated for such purposes and shall be in
11 amounts determined in accordance with Section 13 of the
12 Energy Assistance Act of 1989.
13 This Section is repealed on July 1, 1998.
14 (Source: P.A. 86-127.)
15 (305 ILCS 5/5-5.16) (from Ch. 23, par. 5-5.16)
16 Sec. 5-5.16. The Department shall adopt as a rule
17 pursuant to the Illinois Administrative Procedure Act a basic
18 format for the consideration of drugs for provider
19 reimbursement. Before the Department makes effective any
20 additions to and deletions from the Drug Manual pursuant to
21 the above adopted rule, the Department shall adopt such
22 additions and deletions as an emergency rule pursuant to
23 Section 5-45 of the Illinois Administrative Procedure Act.
24 Such rules shall become effective upon filing with the
25 Secretary of State. In addition, the Department shall, as
26 soon as practicable thereafter, file proposed rules to amend
27 the Drug Manual pursuant to Section 5-40 of the Illinois
28 Administrative Procedure Act.
29 This Section is repealed on July 1, 1998.
30 (Source: P.A. 88-45.)
31 (305 ILCS 5/5-12) (from Ch. 23, par. 5-12)
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1 (Text of Section before amendment by P.A. 89-507)
2 Sec. 5-12. Funeral and burial. Upon the death of a
3 recipient who qualified under class 2, 3 or 4 of Section 5-2,
4 if his estate is insufficient to pay his funeral and burial
5 expenses and if no other resources, including assistance from
6 legally responsible relatives, are available for such
7 purposes, there shall be paid, in accordance with the
8 standards, rules and regulations of the Illinois Department,
9 such reasonable amounts as may be necessary to meet costs of
10 the funeral, burial space, and cemetery charges, or to
11 reimburse any person not financially responsible for the
12 deceased who have voluntarily made expenditures for such
13 costs.
14 Notwithstanding any other provision of this Code to the
15 contrary, the Illinois Department is authorized to reduce or
16 eliminate payments under this Section as necessary to
17 implement contingency reserves under the Emergency Budget Act
18 of Fiscal Year 1992, to the extent permitted by federal law.
19 Any such reduction or elimination shall expire on July 1,
20 1992.
21 (Source: P.A. 87-838.)
22 (Text of Section after amendment by P.A. 89-507)
23 Sec. 5-12. Funeral and burial. Upon the death of a
24 recipient who qualified under class 2, 3 or 4 of Section 5-2,
25 if his estate is insufficient to pay his funeral and burial
26 expenses and if no other resources, including assistance from
27 legally responsible relatives, are available for such
28 purposes, there shall be paid, in accordance with the
29 standards, rules and regulations of the Illinois Department
30 of Human Services, such reasonable amounts as may be
31 necessary to meet costs of the funeral, burial space, and
32 cemetery charges, or to reimburse any person not financially
33 responsible for the deceased who have voluntarily made
34 expenditures for such costs.
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1 Notwithstanding any other provision of this Code to the
2 contrary, the Illinois Department is authorized to reduce or
3 eliminate payments under this Section as necessary to
4 implement contingency reserves under the Emergency Budget Act
5 of Fiscal Year 1992, to the extent permitted by federal law.
6 Any such reduction or elimination shall expire on July 1,
7 1992.
8 (Source: P.A. 89-507, eff. 7-1-97.)
9 (305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
10 Sec. 6-2. Amount of aid. The amount and nature of
11 General Assistance for basic maintenance requirements shall
12 be determined in accordance with local budget standards for
13 local governmental units which do not receive State funds.
14 For local governmental units which do receive State funds,
15 the amount and nature of General Assistance for basic
16 maintenance requirements shall be determined in accordance
17 with the standards, rules and regulations of the Illinois
18 Department. Beginning July 1, 1992, the supplementary grants
19 previously paid under this Section shall no longer be paid.
20 However, the amount and nature of any financial aid is not
21 affected by the payment of any grant under the Senior
22 Citizens and Disabled Persons Property Tax Relief and
23 Pharmaceutical Assistance Act. Due regard shall be given to
24 the requirements and the conditions existing in each case,
25 and to the income, money contributions and other support and
26 resources available, from whatever source. In local
27 governmental units which do not receive State funds, the
28 grant shall be sufficient when added to all other income,
29 money contributions and support in excess of any excluded
30 income or resources, to provide the person with a grant in
31 the amount established for such a person by the local
32 governmental unit based upon standards meeting basic
33 maintenance requirements. In local governmental units which
HB0821 Enrolled -148- LRB9002999WHmg
1 do receive State funds, the grant shall be sufficient when
2 added to all other income, money contributions and support in
3 excess of any excluded income or resources, to provide the
4 person with a grant in the amount established for such a
5 person by Department regulation based upon standards
6 providing a livelihood compatible with health and well-being,
7 as directed by Section 12-4.11 of this Code.
8 The Illinois Department may conduct special projects,
9 which may be known as Grant Diversion Projects, under which
10 recipients of financial aid under this Article are placed in
11 jobs and their grants are diverted to the employer who in
12 turn makes payments to the recipients in the form of salary
13 or other employment benefits. The Illinois Department shall
14 by rule specify the terms and conditions of such Grant
15 Diversion Projects. Such projects shall take into
16 consideration and be coordinated with the programs
17 administered under the Illinois Emergency Employment
18 Development Act.
19 The allowances provided under Article IX for recipients
20 participating in the training and rehabilitation programs
21 shall be in addition to such maximum payment.
22 Payments may also be made to provide persons receiving
23 basic maintenance support with necessary treatment, care and
24 supplies required because of illness or disability or with
25 acute medical treatment, care, and supplies. Payments for
26 necessary or acute medical care under this paragraph may be
27 made to or in behalf of the person. Obligations incurred for
28 such services but not paid for at the time of a recipient's
29 death may be paid, subject to the rules and regulations of
30 the Illinois Department, after the death of the recipient.
31 Notwithstanding any other provision of this Code to the
32 contrary, the Illinois Department is authorized to reduce or
33 eliminate payments under this Section as necessary to
34 implement contingency reserves under the Emergency Budget Act
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1 of Fiscal Year 1992, to the extent permitted by federal law.
2 Any such reduction or elimination shall expire on July 1,
3 1992.
4 (Source: P.A. 89-646, eff. 1-1-97.)
5 (305 ILCS 5/6-6) (from Ch. 23, par. 6-6)
6 Sec. 6-6. Funeral and Burial.
7 If the estate of a deceased recipient is insufficient to
8 pay for funeral and burial expenses and if no other resources
9 including assistance from legally responsible relatives or
10 the United States Veterans Administration, are available for
11 such purposes, there shall be paid, in accordance with the
12 standards, rules and regulations of the Illinois Department,
13 such amounts as may be necessary to meet costs of the
14 funeral, burial space, and cemetery charges, or to reimburse
15 any person not financially responsible for the deceased who
16 has voluntarily made expenditures for such costs.
17 Notwithstanding any other provision of this Code to the
18 contrary, the Illinois Department is authorized to reduce or
19 eliminate payments under this Section as necessary to
20 implement contingency reserves under the Emergency Budget Act
21 of Fiscal Year 1992, to the extent permitted by federal law.
22 Any such reduction or elimination shall expire on July 1,
23 1992.
24 (Source: P.A. 87-838.)
25 (305 ILCS 5/12-4.7a) (from Ch. 23, par. 12-4.7a)
26 Sec. 12-4.7a. The Department shall enter into a written
27 agreement with the Illinois Department of Commerce and
28 Community Affairs which shall provide for interagency
29 procedures to process applications and make payments for
30 special energy assistance to eligible recipients pursuant to
31 Article IV of this Code. The Department shall, to the extent
32 permitted by the United States Department of Agriculture,
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1 exempt from consideration assistance provided pursuant to the
2 Energy Assistance Act of 1989 in determinations of
3 eligibility and amounts of benefits under the Federal Food
4 Stamp Program.
5 This Section is repealed on July 1, 1998.
6 (Source: P.A. 86-127.)
7 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 12-4.11. Standards of assistance; content;
10 limitations; grant amounts. Establish specific standards, by
11 rule, by which grant amounts and need for public aid will be
12 determined and amend the standards from time to time as
13 circumstances may require.
14 The standards shall provide a livelihood compatible with
15 health and well-being for persons eligible for financial aid
16 under any Article of this Code. They shall include
17 recognition of any special needs occasioned by the handicaps
18 and infirmities of age, blindness, or disability. They shall
19 include recognition of the special clothing needs of school
20 age children occasioned by cold weather conditions during the
21 winter season. Standards established to determine the
22 eligibility of medically indigent persons for aid under
23 Articles V or VII shall take into account the requirements of
24 the spouse or other dependent or dependents of the applicant
25 for medical aid.
26 The quantity and quality of the items included in the
27 standards established for food, clothing, and other basic
28 maintenance needs shall take account of the buying and
29 consumption patterns of self-supporting persons and families
30 of low income, as determined from time to time by the United
31 States Department of Agriculture, the United States Bureau of
32 Labor Statistics, and other nationally recognized research
33 authorities in the fields of nutrition and family living.
HB0821 Enrolled -151- LRB9002999WHmg
1 The items in the standards shall be priced annually for
2 changes in cost, as provided in Section 12-4.15, and prices
3 of the standards adjusted as indicated by the findings of
4 these surveys. The Department, with due regard for and
5 subject to budgetary limitations, shall establish grant
6 amounts for each of the programs, by regulation. The grant
7 amounts may be less than the prices of the standards and may
8 vary by program, size of assistance unit and geographic area
9 and may be established in the form of a percentage of the
10 standards for any or all programs. Beginning July 1, 1991,
11 the annual appropriations law of the Illinois Department of
12 Public Aid shall, in respect to Articles IV and VI, specify
13 the percentage of the current Standard of Need, that the
14 current fiscal year appropriation is intended to cover as of
15 the beginning of that fiscal year. Nothing in the preceding
16 sentence shall be construed to require any grant increase at
17 any time during the remainder of that fiscal year.
18 In recognition of the inability of low income households
19 to afford the rising costs of energy, payments made by the
20 Department under Articles IV and VI shall include an amount
21 of money to offset, in whole or in part, the costs of energy
22 associated with seasonal variations. The Department may by
23 rule establish the amount of such energy payments which may
24 vary in accordance with the size of the assistance unit. The
25 Department for reasons of administrative simplicity may
26 provide the amounts in equal monthly payments.
27 During the first month that the Department pays grants
28 which include amounts authorized in the preceding paragraph,
29 the grant amounts for all sized assistance units within each
30 program the Department administers under Article IV of this
31 Code and for assistance units of more than one person under
32 Article VI of this Code shall be adjusted to approach more
33 closely a single percentage of the standard of assistance
34 established under this Section, with grant amounts expressed
HB0821 Enrolled -152- LRB9002999WHmg
1 in whole dollar amounts. The percentage used for Article IV
2 need not be the same percentage used for Article VI. Energy
3 Assistance money provided in a separate payment and
4 identified as being exclusively for energy assistance shall
5 not be considered as a part of the grant for the purposes of
6 this paragraph; all of the grant amount, including any
7 portion thereof that may be provided for the purpose of
8 energy assistance provided under the preceding paragraph,
9 shall be considered under this paragraph.
10 Aid payments shall not be reduced except: (1) for changes
11 in the cost of items included in the standards, or (2) for
12 changes in the expenses of the recipient, or (3) for changes
13 in the income or resources available to the recipient, or (4)
14 for changes in grants resulting from adoption of a
15 consolidated standard, or (5) to accomplish the adjustment
16 described in the preceding paragraph, or (6) beginning July
17 1, 1992, to reduce grant amounts for recipients of cash
18 assistance under Sections 3-1a and 6-11 of this Code during
19 fiscal year 1993.
20 If recipients can obtain adequate shelter only if a
21 security deposit is given the landlord, the Department may
22 furnish one month's rent as a security deposit. This
23 provision shall be operative only to the extent that it does
24 not foster the granting of duplicate assistance.
25 In fixing standards to govern payments or reimbursements
26 for funeral and burial expenses, the Department shall take
27 into account the services essential to a dignified, low-cost
28 funeral and burial, but no payment shall be authorized from
29 public aid funds for the funeral in excess of $630, exclusive
30 of reasonable amounts as may be necessary for burial space
31 and cemetery charges, and any applicable taxes or other
32 required governmental fees or charges. The Department shall
33 authorize no payment in excess of $315 for a cemetery burial.
34 Nothing contained in this Section or in any other Section
HB0821 Enrolled -153- LRB9002999WHmg
1 of this Code shall be construed to prohibit the Illinois
2 Department (1) from consolidating existing standards on the
3 basis of any standards which are or were in effect on, or
4 subsequent to July 1, 1969, or (2) from employing any
5 consolidated standards in determining need for public aid and
6 the amount of money payment or grant for individual
7 recipients or recipient families.
8 Notwithstanding any other provision of this Code to the
9 contrary, the Illinois Department is authorized to reduce
10 payment levels under Article VI as necessary to implement
11 contingency reserves under the Emergency Budget Act of Fiscal
12 Year 1992, to the extent permitted by federal law. Any such
13 reduction shall expire on July 1, 1992.
14 (Source: P.A. 86-127; 86-430; 86-1028; 86-1457; 87-528;
15 87-838; 87-860.)
16 (Text of Section after amendment by P.A. 89-507)
17 Sec. 12-4.11. Standards of assistance; content;
18 limitations; grant amounts. Establish specific standards, by
19 rule, by which grant amounts and need for public aid will be
20 determined and amend the standards from time to time as
21 circumstances may require.
22 The standards shall provide a livelihood compatible with
23 health and well-being for persons eligible for financial aid
24 under any Article of this Code. They shall include
25 recognition of any special needs occasioned by the handicaps
26 and infirmities of age, blindness, or disability. They shall
27 include recognition of the special clothing needs of school
28 age children occasioned by cold weather conditions during the
29 winter season. Standards established to determine the
30 eligibility of medically indigent persons for aid under
31 Articles V or VII shall take into account the requirements of
32 the spouse or other dependent or dependents of the applicant
33 for medical aid.
34 The quantity and quality of the items included in the
HB0821 Enrolled -154- LRB9002999WHmg
1 standards established for food, clothing, and other basic
2 maintenance needs shall take account of the buying and
3 consumption patterns of self-supporting persons and families
4 of low income, as determined from time to time by the United
5 States Department of Agriculture, the United States Bureau of
6 Labor Statistics, and other nationally recognized research
7 authorities in the fields of nutrition and family living.
8 The items in the standards shall be priced annually for
9 changes in cost, as provided in Section 12-4.15, and prices
10 of the standards adjusted as indicated by the findings of
11 these surveys. The Department, with due regard for and
12 subject to budgetary limitations, shall establish grant
13 amounts for each of the programs, by regulation. The grant
14 amounts may be less than the prices of the standards and may
15 vary by program, size of assistance unit and geographic area
16 and may be established in the form of a percentage of the
17 standards for any or all programs. Beginning July 1, 1991,
18 the annual appropriations law of the Illinois Department
19 shall, in respect to Articles IV and VI, specify the
20 percentage of the current Standard of Need, that the current
21 fiscal year appropriation is intended to cover as of the
22 beginning of that fiscal year. Nothing in the preceding
23 sentence shall be construed to require any grant increase at
24 any time during the remainder of that fiscal year.
25 In recognition of the inability of low income households
26 to afford the rising costs of energy, payments made by the
27 Department under Articles IV and VI shall include an amount
28 of money to offset, in whole or in part, the costs of energy
29 associated with seasonal variations. The Department may by
30 rule establish the amount of such energy payments which may
31 vary in accordance with the size of the assistance unit. The
32 Department for reasons of administrative simplicity may
33 provide the amounts in equal monthly payments.
34 During the first month that the Department pays grants
HB0821 Enrolled -155- LRB9002999WHmg
1 which include amounts authorized in the preceding paragraph,
2 the grant amounts for all sized assistance units within each
3 program the Department administers under Article IV of this
4 Code and for assistance units of more than one person under
5 Article VI of this Code shall be adjusted to approach more
6 closely a single percentage of the standard of assistance
7 established under this Section, with grant amounts expressed
8 in whole dollar amounts. The percentage used for Article IV
9 need not be the same percentage used for Article VI. Energy
10 Assistance money provided in a separate payment and
11 identified as being exclusively for energy assistance shall
12 not be considered as a part of the grant for the purposes of
13 this paragraph; all of the grant amount, including any
14 portion thereof that may be provided for the purpose of
15 energy assistance provided under the preceding paragraph,
16 shall be considered under this paragraph.
17 Aid payments shall not be reduced except: (1) for changes
18 in the cost of items included in the standards, or (2) for
19 changes in the expenses of the recipient, or (3) for changes
20 in the income or resources available to the recipient, or (4)
21 for changes in grants resulting from adoption of a
22 consolidated standard, or (5) to accomplish the adjustment
23 described in the preceding paragraph, or (6) beginning July
24 1, 1992, to reduce grant amounts for recipients of cash
25 assistance under Sections 3-1a and 6-11 of this Code during
26 fiscal year 1993.
27 If recipients can obtain adequate shelter only if a
28 security deposit is given the landlord, the Department may
29 furnish one month's rent as a security deposit. This
30 provision shall be operative only to the extent that it does
31 not foster the granting of duplicate assistance.
32 In fixing standards to govern payments or reimbursements
33 for funeral and burial expenses, the Department shall take
34 into account the services essential to a dignified, low-cost
HB0821 Enrolled -156- LRB9002999WHmg
1 funeral and burial, but no payment shall be authorized from
2 public aid funds for the funeral in excess of $630, exclusive
3 of reasonable amounts as may be necessary for burial space
4 and cemetery charges, and any applicable taxes or other
5 required governmental fees or charges. The Department shall
6 authorize no payment in excess of $315 for a cemetery burial.
7 Nothing contained in this Section or in any other Section
8 of this Code shall be construed to prohibit the Illinois
9 Department (1) from consolidating existing standards on the
10 basis of any standards which are or were in effect on, or
11 subsequent to July 1, 1969, or (2) from employing any
12 consolidated standards in determining need for public aid and
13 the amount of money payment or grant for individual
14 recipients or recipient families.
15 Notwithstanding any other provision of this Code to the
16 contrary, the Illinois Department is authorized to reduce
17 payment levels under Article VI as necessary to implement
18 contingency reserves under the Emergency Budget Act of Fiscal
19 Year 1992, to the extent permitted by federal law. Any such
20 reduction shall expire on July 1, 1992.
21 (Source: P.A. 89-507, eff. 7-1-97.)
22 (305 ILCS 5/12-4.20b) (from Ch. 23, par. 12-4.20b)
23 Sec. 12-4.20b. Appointment of Task Force on Application
24 Processing. Appoint the Task Force on Application
25 Processing, to be composed of members of the General Assembly
26 and representatives of the Illinois Department, the Illinois
27 Hospital Association, hospitals, welfare rights organizations
28 and the general public as deemed appropriate by the Director.
29 The Task Force shall conduct a study of the methods used by
30 the Illinois Department to process applications for public
31 assistance which are submitted on behalf of persons by
32 hospitals and make recommendations to the Director as it
33 deems appropriate for actions which should be taken to
HB0821 Enrolled -157- LRB9002999WHmg
1 improve and expedite the processing of such applications.
2 The Illinois Department shall provide staff support and
3 information as necessary to facilitate the activities of the
4 Task Force. No later than March 31, 1990, the Director shall
5 report the recommendations of the Task Force to the General
6 Assembly, together with any other information or
7 recommendations (including recommendations for legislation)
8 deemed appropriate.
9 This Section is repealed on July 1, 1998.
10 (Source: P.A. 86-741.)
11 (305 ILCS 5/12-6) (from Ch. 23, par. 12-6)
12 Sec. 12-6. The Medical Payment Fund is abolished and the
13 State Treasurer, as custodian of that Fund, shall pay the
14 balance remaining in that Fund into the General Revenue Fund
15 in the State Treasury.
16 This Section is repealed on July 1, 1998.
17 (Source: P.A. 79-646.)
18 Section 5-345. The Energy Assistance Act is amended by
19 adding Section 8.1 as follows:
20 (305 ILCS 15/8.1 new)
21 Sec. 8.1. Repeal. This Act is repealed on July 1, 1998.
22 Section 5-346. The State Housing Act is amended by
23 changing Sections 46 and 46.1 as follows:
24 (310 ILCS 5/46) (from Ch. 67 1/2, par. 196)
25 Sec. 46. Prior to the acquisition of title to any real
26 property an authority shall submit to the Department data as
27 to the location and cost of the property, and prior to the
28 undertaking of any construction or other initiation of a
29 project an authority shall submit to the Department the
HB0821 Enrolled -158- LRB9002999WHmg
1 proposed plans, specifications and estimates of the costs and
2 a statement of the proposed methods of financing and
3 operating the project. An authority shall not finally
4 acquire title to any real estate nor undertake the
5 construction or operation of a project without the approval
6 of the Department; provided that, if the Department shall
7 fail within thirty days after receipt thereof to state its
8 disapproval of the proposals or such modifications thereof as
9 it may deem desirable, the proposals shall be deemed to have
10 been approved as submitted. No change involving an
11 expenditure of more than twenty-five hundred dollars shall be
12 made in any proposal approved by the Department without
13 submission to the Department in the manner prescribed in this
14 section. The provisions of this section shall not apply with
15 reference to any project which is or is to be financed in
16 whole or in part by the Federal government or any agency or
17 instrumentality thereof.
18 This Section is repealed on July 1, 1998.
19 (Source: P.A. 81-1509.)
20 (310 ILCS 5/46.1) (from Ch. 67 1/2, par. 196.1)
21 Sec. 46.1. The Department shall recall from all local
22 housing authorities and land clearance commissions all monies
23 derived from appropriations of State funds in accordance with
24 "An Act to promote the improvement of housing", approved July
25 26, 1945, and "An Act making appropriations for certain
26 additional ordinary, contingent and distributive expenses of
27 State government", approved July 21, 1947, and distributed to
28 such local housing authorities and land clearance commissions
29 in accordance with "An Act to promote the improvement of
30 housing", approved July 26, 1945, and "An Act to facilitate
31 the development and construction of housing, to provide
32 governmental assistance therefor, and to repeal an Act herein
33 named", approved July 2, 1947, including monies invested in
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1 accordance with this Act, and "An Act relating to certain
2 investment of public funds by public agencies", approved
3 April 17, 1959, as amended. Wherever the Department has
4 issued an approval for the use of such funds in support of
5 the objectives of this Act, other than for investment as
6 referred to herein, the Department shall recall only such
7 part of such monies that have not been expended in accordance
8 with the approval as issued for the time period which such
9 approval specified.
10 In those instances where the approval or regulations of
11 the Department do not specify that monies shall be expended
12 in a particular time period, the recall of unexpended funds
13 may not be made by the Department prior to 24 months from the
14 date of the issuance of such approval, or upon completion or
15 abandonment of the program relating thereto, whichever occurs
16 sooner. Upon request of a housing authority or land
17 clearance commission, the Department may, in its discretion,
18 defer the recall of funds for which no specified time of
19 expenditure is required.
20 The Department shall deposit such monies and the funds
21 received from housing authorities dissolved under Section 32
22 of the "Housing Authorities Act", the funds recovered from
23 housing authorities or land clearance commissions under
24 Section 9a of "An Act to facilitate the development and
25 construction of housing, to provide governmental assistance
26 therefor, and to repeal an Act herein named", approved July
27 2, 1947, as amended, and the funds recovered from the
28 dissolution of any land clearance commission under Section
29 25a of the "Blighted Areas Redevelopment Act of 1947", in a
30 special trust fund designated the Housing Fund.
31 The Treasurer of the State of Illinois shall be
32 ex-officio custodian of the Housing Fund but the monies in
33 the Housing Fund shall not be deposited in the State
34 Treasury, but shall be held separate and apart from funds in
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1 the Treasury. Expenditures from the Housing Fund shall be
2 made on vouchers signed by the Director of the Department.
3 Within the limitations provided in this Section, the
4 Department may expend or withdraw monies from the Housing
5 Fund for any or all of the following purposes:
6 (a) to make allocations to local housing authorities and
7 land clearance commissions in accordance with "An Act to
8 facilitate the development and construction of housing, to
9 provide governmental assistance therefor, and to repeal an
10 Act herein named", approved July 2, 1947, as amended, "An Act
11 making appropriations for certain additional ordinary
12 contingent and distributive expense of State government",
13 approved July 21, 1947, and upon the approval of such
14 allocation, such monies shall be remitted from the Housing
15 Fund to the local housing authority or land clearance
16 commission for which approval of request for a grant and
17 instructions for allocation from the Housing Fund have been
18 made;
19 (b) to invest such monies in accordance with the
20 regulations prescribed in "An Act relating to certain
21 investment of public funds by public agencies", approved
22 April 17, 1959, as amended, and the principal and interest
23 earned from such investments shall be deemed to be a part of
24 the Housing Fund;
25 (c) to make allocations to the Illinois Housing
26 Development Authority to carry out the purposes and powers of
27 the Illinois Housing Development Authority as provided for in
28 the Illinois Housing Development Act, as heretofore or
29 hereafter amended;
30 (d) for the expenses of implementing and administering
31 Federal programs by the Office of Housing and Buildings in
32 the Department, reimbursement for which will be made by the
33 Federal government. Monies paid by the Federal government as
34 reimbursement for such expenses shall be paid into the
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1 Housing Fund;
2 (e) for the expenses of allocating, administering and
3 auditing grants from the Housing Fund to local housing
4 authorities and land clearance commissions.
5 Upon the effectiveness of this amendatory Act, monies
6 already allocated to the Illinois Housing Development
7 Authority from the Housing Fund by the Department (or the
8 State Housing Board as its predecessor) shall be deposited in
9 a special trust fund, separate from the Housing Fund, and
10 designated the Housing Development Revolving Fund. Monies
11 allocated in the future to the Illinois Housing Development
12 Authority from the Housing Fund by the Department shall be
13 deposited in the Housing Development Revolving Fund, together
14 with such other monies from any available sources as the
15 Illinois Housing Development Authority shall determine to
16 deposit in the Housing Development Revolving Fund.
17 Monies returned to the Illinois Housing Development
18 Authority as repayment of grants, loans, advances,
19 allocations or distributions made out of the Housing
20 Development Revolving Fund shall be deposited in the Housing
21 Development Revolving Fund and may be reused by the Illinois
22 Housing Development Authority for the purposes of and under
23 the procedures for the Housing Development Revolving Fund
24 specified in this section.
25 The Treasurer of the State of Illinois shall be
26 ex-officio custodian of the Housing Development Revolving
27 Fund, but the monies in the Housing Development Revolving
28 Fund shall not be deposited in the State Treasury but shall
29 be held separate and apart from the funds in the Treasury.
30 Expenditures from the Housing Development Revolving Fund
31 shall be made on vouchers signed by the Chairman of the
32 Illinois Housing Development Authority after an authorizing
33 resolution by the Illinois Housing Development Authority.
34 The Illinois Housing Development Authority may expend or
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1 withdraw monies from the Housing Development Revolving Fund
2 for the following purposes: (a) To make grants, loans,
3 advances, allocations, or distributions to not-for-profit
4 corporations, limited profit entities and housing
5 corporations in accordance with the provisions of the
6 Illinois Housing Development Act, as amended; (b) To make
7 allocations, expenditures or distributions for the
8 administration of the provisions of the Illinois Housing
9 Development Authority incidental to and necessary or
10 convenient to the carrying out of the corporate purposes and
11 powers of the Illinois Housing Development Authority; (c) To
12 invest such monies in accordance with the regulations
13 prescribed in "An Act relating to certain investments of
14 public funds by public agencies", approved July 23, 1943, as
15 amended, and the principal and interest earned from such
16 investments shall be deemed to be a part of the Housing
17 Development Revolving Fund.
18 This Section is repealed on July 1, 1998.
19 (Source: P.A. 81-1509.)
20 Section 5-347. The Housing Development and Construction
21 Act is amended by changing Section 7 as follows:
22 (310 ILCS 20/7) (from Ch. 67 1/2, par. 59)
23 Sec. 7. Each housing authority or Land Clearance
24 Commission shall make an annual report to the Department of
25 Commerce and Community Affairs of the use of the grant
26 allocated to it. In its annual report to the Governor, the
27 Department of Commerce and Community Affairs shall present a
28 detailed statement regarding the fund of each body to which a
29 grant has been made, and the uses to which the fund has been
30 applied.
31 This Section is repealed on July 1, 1998.
32 (Source: P.A. 81-1509.)
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1 Section 5-355. The Veterans' Employment Representative
2 Act is amended by changing Sections 1 and 2 as follows:
3 (330 ILCS 50/1) (from Ch. 48, par. 186a)
4 Sec. 1. Veteran services; representative. Each full
5 service office of the Job Illinois State Employment Service
6 shall assign at least one full time Veterans' Employment
7 Representative, defined by title and classification under the
8 Personnel Code of Illinois, to work exclusively in job
9 counseling, training, and placement of veterans. Preference
10 for these positions shall be given to qualified persons who
11 have been members of the armed forces of the United States in
12 times of hostilities with a foreign country. Any candidate
13 for these positions shall be deemed to have met and satisfied
14 examination admission requirements if the where such
15 candidate served in the armed forces during times of
16 hostilities with a foreign country and was honorably
17 discharged therefrom due to a combat-related disability. The
18 holder of such a position shall be administratively
19 responsible to the local office manager, and his or her first
20 line responsibility is functional supervision of all local
21 office services to veterans. He or she may also be delegated
22 line supervision of veteran units, assistant local veterans'
23 employment representative, or veteran aid. Individualized
24 veterans' services such as application taking, counseling,
25 job referral, or training will continue to be provided to
26 veterans on a priority basis by all local office staff.
27 (Source: P.A. 83-1178.)
28 (330 ILCS 50/2) (from Ch. 48, par. 186b)
29 Sec. 2. Veteran services; funding. Since funding for
30 these veteran services by the Job Illinois State Employment
31 Service has already been provided for by the U.S. Department
32 of Labor, no additional funds will be required to carry out
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1 the provisions of this Act.
2 (Source: P.A. 79-1386.)
3 Section 5-360. The Community Support Systems Act is
4 amended by changing Sections 3 and 4 as follows:
5 (405 ILCS 35/3) (from Ch. 91 1/2, par. 1103)
6 (Text of Section before amendment by P.A. 89-507)
7 Sec. 3. Funding of Special Initiatives.
8 (a) The Department may establish special funding
9 initiatives to accomplish a variety of objectives related to
10 the development of community support systems. Any funds
11 appropriated by the General Assembly for any of these special
12 initiatives shall be expended only for the stated purpose.
13 (1) The Department may fund innovative community
14 support system components on a pilot project basis. Such
15 funding shall be on a start-up basis, and shall include
16 requirements for evaluation of program effectiveness.
17 Continuation funding for program components developed in
18 this way shall be based on demonstrated effectiveness.
19 (2) The Department may fund selected pilot projects
20 to investigate key issues or problems encountered in
21 development, planning and implementation of community
22 support systems. Such funding shall include monies for
23 research and evaluation of pilot project components.
24 (3) The Department may provide continuing research
25 and evaluation funding grants for community support
26 systems established or enhanced through pilot projects
27 funded pursuant to Section 16.2 of "An Act codifying the
28 powers and duties of the Department of Mental Health and
29 Developmental Disabilities", approved August 2, 1961, as
30 amended, or as provided herein, after the period of
31 program component funding has elapsed. The purpose of
32 such funding shall be the assessment of long-term effects
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1 of community support systems on the needs of the
2 chronically mentally ill, on service system development
3 and responsiveness, and for continuing study of certain
4 defined key issues.
5 (b) The Department shall report progress of all special
6 initiative projects to the Commission on Mental Health and
7 Developmental Disabilities on a semiannual basis. Reports
8 shall include summaries of special initiative project
9 purposes and goals, accomplishment of objectives and goals to
10 date, research and evaluation designs, preliminary and final
11 research and evaluation findings, and plans for continuation
12 funding.
13 (Source: P.A. 83-698.)
14 (Text of Section after amendment by P.A. 89-507)
15 Sec. 3. Funding of special initiatives.
16 (a) The Department may establish special funding
17 initiatives to accomplish a variety of objectives related to
18 the development of community support systems. Any funds
19 appropriated by the General Assembly for any of these special
20 initiatives shall be expended only for the stated purpose.
21 (1) The Department may fund innovative community
22 support system components on a pilot project basis. Such
23 funding shall be on a start-up basis, and shall include
24 requirements for evaluation of program effectiveness.
25 Continuation funding for program components developed in
26 this way shall be based on demonstrated effectiveness.
27 (2) The Department may fund selected pilot projects
28 to investigate key issues or problems encountered in
29 development, planning and implementation of community
30 support systems. Such funding shall include monies for
31 research and evaluation of pilot project components.
32 (3) The Department may provide continuing research
33 and evaluation funding grants for community support
34 systems established or enhanced through pilot projects
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1 funded pursuant to Section 16.2 of the Mental Health and
2 Developmental Disabilities Administrative Act, or as
3 provided herein, after the period of program component
4 funding has elapsed. The purpose of such funding shall
5 be the assessment of long-term effects of community
6 support systems on the needs of the chronically mentally
7 ill, on service system development and responsiveness,
8 and for continuing study of certain defined key issues.
9 (b) (Blank). The Department shall report progress of all
10 special initiative projects to the Commission on Mental
11 Health and Developmental Disabilities on a semiannual basis.
12 Reports shall include summaries of special initiative project
13 purposes and goals, accomplishment of objectives and goals to
14 date, research and evaluation designs, preliminary and final
15 research and evaluation findings, and plans for continuation
16 funding.
17 (Source: P.A. 89-507, eff. 7-1-97.)
18 (405 ILCS 35/4) (from Ch. 91 1/2, par. 1104)
19 Sec. 4. Reporting Requirements. The Department shall
20 develop an implementation plan detailing the time frame for
21 accomplishment of the Department's responsibilities under
22 this Act, and shall submit such plan to the Commission on
23 Mental Health and Development Disabilities by January 1,
24 1984. The Department shall subsequently submit annual
25 reports to the Commission on Mental Health and Developmental
26 Disabilities documenting progress in accomplishment of their
27 responsibilities under this Act on January 1 of each
28 succeeding year. Such reports shall also include
29 documentation of the development of community support
30 services statewide.
31 This Section is repealed on July 1, 1998.
32 (Source: P.A. 83-698.)
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1 Section 5-373. The Environmental Protection Act is
2 amended by changing Sections 9.7 and 19.7 as follows:
3 (415 ILCS 5/9.7) (from Ch. 111 1/2, par. 1009.7)
4 Sec. 9.7. CFC's. (a) The General Assembly hereby finds
5 that the manufacture and use of chlorofluorocarbons (CFCs)
6 present a serious threat to the environment, and declares it
7 to be the public policy of this State to discourage the
8 unnecessary use of CFCs, to encourage producers of CFCs to
9 replace them with alternative substances that have a less
10 deleterious impact on the environment, and to promote the use
11 of equipment to recover and recycle existing CFCs.
12 (b) By February 1, 1990, the Department shall report to
13 the Governor and the General Assembly with the following:
14 (1) Recommendations for the recovery and recycling of
15 CFCs from refrigerators, air conditioners and motor vehicles
16 that face immediate disposal. Such report shall consider,
17 but shall not be limited to considering, regional CFC removal
18 centers, portable CFC removal equipment, and other
19 appropriate procedures or equipment.
20 (2) Recommendations for recovery and recycling of CFC
21 coolant during the servicing of motor vehicle and building
22 air conditioning and large refrigeration units.
23 (Source: P.A. 86-756.)
24 (415 ILCS 5/19.7) (from Ch. 111 1/2, par. 1019.7)
25 Sec. 19.7. By January 1, 1992, the Agency shall prepare
26 a survey to determine the need for additional treatment works
27 in this State and determine how the Fund may be used in
28 meeting the intent of this Title.
29 This Section is repealed on July 1, 1998.
30 (Source: P.A. 85-1135.)
31 Section 5-380. The Illinois Solid Waste Management Act
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1 is amended by changing Sections 3 and 6.2 as follows:
2 (415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
3 Sec. 3. State Agency Materials Recycling Program.
4 (a) All State agencies responsible for the maintenance
5 of public lands in the State shall, to the maximum extent
6 feasible, give due consideration and preference to the use of
7 compost materials in all land maintenance activities which
8 are to be paid with public funds.
9 (b) The Department of Central Management Services, in
10 coordination with the Department of Commerce and Community
11 Affairs, shall implement waste reduction programs, including
12 source separation and collection, for office wastepaper,
13 corrugated containers, newsprint and mixed paper, in all
14 State buildings as appropriate and feasible. Such waste
15 reduction programs shall be designed to achieve waste
16 reductions of at least 25% of all such waste by December 31,
17 1995, and at least 50% of all such waste by December 31,
18 2000. Any source separation and collection program shall
19 include, at a minimum, procedures for collecting and storing
20 recyclable materials, bins or containers for storing
21 materials, and contractual or other arrangements with buyers
22 of recyclable materials. If market conditions so warrant,
23 the Department of Central Management Services, in
24 coordination with the Department of Commerce and Community
25 Affairs, may modify programs developed pursuant to this
26 Section.
27 The Department of Commerce and Community Affairs shall
28 conduct waste categorization studies of all State facilities
29 for calendar years 1991, 1995 and 2000. Such studies shall
30 be designed to assist the Department of Central Management
31 Services to achieve the waste reduction goals established in
32 this subsection.
33 (c) Each State agency shall, upon consultation with the
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1 Department of Commerce and Community Affairs, periodically
2 review its procurement procedures and specifications related
3 to the purchase of products or supplies. Such procedures and
4 specifications shall be modified as necessary to require the
5 procuring agency to seek out products and supplies that
6 contain recycled materials, and to ensure that purchased
7 products or supplies are reusable, durable or made from
8 recycled materials whenever economically and practically
9 feasible. In choosing among products or supplies that
10 contain recycled material, consideration shall be given to
11 products and supplies with the highest recycled material
12 content that is consistent with the effective and efficient
13 use of the product or supply.
14 (d) Wherever economically and practically feasible, the
15 Department of Central Management Services shall procure
16 recycled paper and paper products as follows:
17 (1) Beginning July 1, 1989, at least 10% of the
18 total dollar value of paper and paper products purchased
19 by the Department of Central Management Services shall be
20 recycled paper and paper products.
21 (2) Beginning July 1, 1992, at least 25% of the
22 total dollar value of paper and paper products purchased
23 by the Department of Central Management Services shall be
24 recycled paper and paper products.
25 (3) Beginning July 1, 1996, at least 40% of the
26 total dollar value of paper and paper products purchased
27 by the Department of Central Management Services shall be
28 recycled paper and paper products.
29 (4) Beginning July 1, 2000, at least 50% of the
30 total dollar value of paper and paper products purchased
31 by the Department of Central Management Services shall be
32 recycled paper and paper products.
33 (e) Paper and paper products purchased from private
34 vendors pursuant to printing contracts are not considered
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1 paper products for the purposes of subsection (d). However,
2 the Department of Central Management Services shall report to
3 the General Assembly on an annual basis the total dollar
4 value of printing contracts awarded to private sector vendors
5 that included the use of recycled paper.
6 (f)(1) Wherever economically and practically feasible,
7 the recycled paper and paper products referred to in
8 subsection (d) shall contain postconsumer or recovered
9 paper materials as specified by paper category in this
10 subsection:
11 (i) Recycled high grade printing and writing
12 paper shall contain at least 50% recovered paper
13 material. Such recovered paper material, until July
14 1, 1994, shall consist of at least 20% deinked stock
15 or postconsumer material; and beginning July 1,
16 1994, shall consist of at least 25% deinked stock or
17 postconsumer material; and beginning July 1, 1996,
18 shall consist of at least 30% deinked stock or
19 postconsumer material; and beginning July 1, 1998,
20 shall consist of at least 40% deinked stock or
21 postconsumer material; and beginning July 1, 2000,
22 shall consist of at least 50% deinked stock or
23 postconsumer material.
24 (ii) Recycled tissue products, until July 1,
25 1994, shall contain at least 25% postconsumer
26 material; and beginning July 1, 1994, shall contain
27 at least 30% postconsumer material; and beginning
28 July 1, 1996, shall contain at least 35%
29 postconsumer material; and beginning July 1, 1998,
30 shall contain at least 40% postconsumer material;
31 and beginning July 1, 2000, shall contain at least
32 45% postconsumer material.
33 (iii) Recycled newsprint, until July 1, 1994,
34 shall contain at least 40% postconsumer material;
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1 and beginning July 1, 1994, shall contain at least
2 50% postconsumer material; and beginning July 1,
3 1996, shall contain at least 60% postconsumer
4 material; and beginning July 1, 1998, shall contain
5 at least 70% postconsumer material; and beginning
6 July 1, 2000, shall contain at least 80%
7 postconsumer material.
8 (iv) Recycled unbleached packaging, until July
9 1, 1994, shall contain at least 35% postconsumer
10 material; and beginning July 1, 1994, shall contain
11 at least 40% postconsumer material; and beginning
12 July 1, 1996, shall contain at least 45%
13 postconsumer material; and beginning July 1, 1998,
14 shall contain at least 50% postconsumer material;
15 and beginning July 1, 2000, shall contain at least
16 55% postconsumer material.
17 (v) Recycled paperboard, until July 1, 1994,
18 shall contain at least 80% postconsumer material;
19 and beginning July 1, 1994, shall contain at least
20 85% postconsumer material; and beginning July 1,
21 1996, shall contain at least 90% postconsumer
22 material; and beginning July 1, 1998, shall contain
23 at least 95% postconsumer material.
24 (2) For the purposes of this Section, "postconsumer
25 material" includes:
26 (i) paper, paperboard, and fibrous wastes from
27 retail stores, office buildings, homes, and so
28 forth, after the waste has passed through its end
29 usage as a consumer item, including used corrugated
30 boxes, old newspapers, mixed waste paper, tabulating
31 cards, and used cordage; and
32 (ii) all paper, paperboard, and fibrous wastes
33 that are diverted or separated from the municipal
34 solid waste stream.
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1 (3) For the purposes of this Section, "recovered
2 paper material" includes:
3 (i) postconsumer material;
4 (ii) dry paper and paperboard waste generated
5 after completion of the papermaking process (that
6 is, those manufacturing operations up to and
7 including the cutting and trimming of the paper
8 machine reel into smaller rolls or rough sheets),
9 including envelope cuttings, bindery trimmings, and
10 other paper and paperboard waste resulting from
11 printing, cutting, forming, and other converting
12 operations, or from bag, box and carton
13 manufacturing, and butt rolls, mill wrappers, and
14 rejected unused stock; and
15 (iii) finished paper and paperboard from
16 obsolete inventories of paper and paperboard
17 manufacturers, merchants, wholesalers, dealers,
18 printers, converters, or others.
19 (g) The Department of Central Management Services may
20 adopt regulations to carry out the provisions and purposes of
21 this Section.
22 (h) Every State agency shall, in its procurement
23 documents, specify that, whenever economically and
24 practically feasible, a product to be procured must consist,
25 wholly or in part, of recycled materials, or be recyclable or
26 reusable in whole or in part. When applicable, if state
27 guidelines are not already prescribed, State agencies shall
28 follow USEPA guidelines for federal procurement.
29 (i) All State agencies shall cooperate with the
30 Department of Central Management Services in carrying out
31 this Section. The Department of Central Management Services
32 may enter into cooperative purchasing agreements with other
33 governmental units in order to obtain volume discounts, or
34 for other reasons in accordance with the Governmental Joint
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1 Purchasing Act, or in accordance with the Intergovernmental
2 Cooperation Act if governmental units of other states or the
3 federal government are involved.
4 (j) The Department of Central Management Services shall
5 submit an annual report to the General Assembly concerning
6 its implementation of the State's collection and recycled
7 paper procurement programs. This report shall include a
8 description of the actions that the Department of Central
9 Management Services has taken in the previous fiscal year to
10 implement this Section. This report shall be submitted on or
11 before November 1 of each year.
12 (k) The Department of Central Management Services, in
13 cooperation with all other appropriate departments and
14 agencies of the State, shall institute whenever economically
15 and practically feasible the use of re-refined motor oil in
16 all State-owned motor vehicles and the use of remanufactured
17 and retread tires whenever such use is practical, beginning
18 no later than July 1, 1992.
19 (l) (Blank). The Illinois Department of Transportation
20 shall study the feasibility of using recycled asphalt,
21 rubberized asphalt, concrete and demolition materials in road
22 construction projects undertaken by the Department. In
23 conducting the study, the Department of Transportation shall
24 (i) consider development of bid specifications to promote the
25 use of recycled asphalt, rubberized asphalt, concrete and
26 demolition materials, and (ii) analyze the costs and
27 availability thereof. On or before July 1, 1992, the
28 Department shall submit a report of its findings and
29 recommendations to the Governor and the General Assembly.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (415 ILCS 20/6.2) (from Ch. 111 1/2, par. 7056.2)
32 Sec. 6.2. Task Force. There is hereby established an
33 Advisory Task Force on Developing Markets for Recyclable
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1 Materials. The Task Force shall consist of the Director of
2 the Department, the Director of the Environmental Protection
3 Agency, the State Treasurer, the Lieutenant Governor, the
4 Director of Agriculture, the Director of Commerce and
5 Community Affairs, and the Director of Central Management
6 Services, or their respective designees, and the following
7 persons appointed by the Director of the Department: one
8 person representing a municipality that is providing for
9 separate collection of recyclable materials; one person
10 representing the recycling industry; one person representing
11 a nonprofit recycling center; 2 persons representing
12 environmental organizations; one person representing the
13 State's business community; one person representing the
14 packaging industry; one person representing a consumer
15 organization; one person representing the State's higher
16 education community; and one person representing the solid
17 waste management industry.
18 The Task Force shall study the existence of markets for
19 recyclable materials, and the feasibility of various methods
20 of encouraging the development of such markets. In the
21 course of its study, the Task Force shall:
22 (1) address funding mechanisms for market
23 development programs;
24 (2) evaluate financial incentives for market
25 development programs, including but not limited to
26 investment tax credits, local recycling enterprise zones,
27 and other subsidies;
28 (3) identify specific market development options
29 that can be implemented at the local level; and
30 (4) investigate and explore the potential for
31 developing international markets.
32 The Task Force shall provide a preliminary report of its
33 findings, along with any proposed legislation that the Task
34 Force believes necessary, to the Governor and the General
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1 Assembly by March 1, 1992, and a final report of its findings
2 by September 1, 1992, after which the Task Force is
3 abolished. The Department shall provide the Task Force with
4 such clerical and technical support as may be useful for
5 carrying out its purposes under this Section.
6 This Section is repealed on July 1, 1998.
7 (Source: P.A. 89-445, eff. 2-7-96.)
8 Section 5-390. The Recycled Newsprint Use Act is amended
9 by changing Section 2009 as follows:
10 (415 ILCS 110/2009) (from Ch. 96 1/2, par. 9759)
11 Sec. 2009. Survey of paper industry. After January 1,
12 1992, the Department shall conduct a survey of the paper
13 industry to assess the availability of, quality of, and
14 market for all recycled content papers, including coated
15 groundwood papers and papers that are not newsprint. The
16 Department shall report the findings of its survey to the
17 General Assembly on or before July 1, 1992.
18 This Section is repealed on July 1, 1998.
19 (Source: P.A. 86-1443.)
20 Section 5-395. The Radon Mitigation Act is amended by
21 changing Section 6 as follows:
22 (420 ILCS 50/6) (from Ch. 111 1/2, par. 243-6)
23 Sec. 6. Report. Within 12 months of the effective date
24 of this Act, the Department shall prepare and present to the
25 Governor and the General Assembly a report describing its
26 findings and recommendations regarding the existence and
27 nature of the risk from radon in dwellings and other
28 buildings in Illinois, proposed measures for mitigating that
29 risk, and proposals for implementing those measures.
30 This Section is repealed on July 1, 1998.
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1 (Source: P.A. 86-251.)
2 Section 5-415. The Supreme Court Act is amended by
3 changing Section 11 as follows:
4 (705 ILCS 5/11) (from Ch. 37, par. 16)
5 Sec. 11. The office of marshal marshall for the Supreme
6 Court is hereby created, such marshal marshall to be selected
7 by the Supreme Court, and the duties of such marshal marshall
8 shall be to attend upon its sittings and to perform such
9 other duties, under the order and direction of the said
10 court, as are usually performed by sheriffs of courts. The
11 salary of such marshal marshall shall be fixed by the judges
12 of the Supreme Court, such salary to be payable monthly, from
13 the State treasury, upon bills of particulars, signed by any
14 one of the judges of the Supreme Court.
15 (Source: Laws 1965, p. 766.)
16 Section 5-425. The Official Court Reports Act is amended
17 by changing Section 4 as follows:
18 (705 ILCS 65/4) (from Ch. 37, par. 644)
19 Sec. 4. The Supreme Court or its designee shall
20 determine the style, manner, size, quality, and general
21 format in which said decisions shall be published, together
22 with the frequency thereof; provided that if the decisions of
23 the Supreme and Appellate Reports are published in a single
24 volume, said volume shall be entitled "Illinois Reports" and,
25 if published in separate volumes, "Illinois Reports" for the
26 Supreme Court decisions, and "Illinois Appellate Reports" for
27 the Appellate Court decisions.
28 (Source: P.A. 77-93.)
29 Section 5-435. The Industrial Schools for Girls Act is
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1 amended by adding Section 15.1 as follows:
2 (730 ILCS 160/15.1 new)
3 Sec. 15.1. Repeal. This Act is repealed on July 1,
4 1998.
5 Section 5-440. The Training School for Boys Act is
6 amended by adding Section 14.1 as follows:
7 (730 ILCS 165/14.1 new)
8 Sec. 14.1. Repeal. This Act is repealed on July 1,
9 1998.
10 Section 5-460. The Unemployment Insurance Act is amended
11 by changing Sections 1511 and 1705 as follows:
12 (820 ILCS 405/1511) (from Ch. 48, par. 581)
13 Sec. 1511. Study of experience rating. The Employment
14 Security Advisory Board of Unemployment Compensation and Free
15 Employment Office Advisors, created by Section 6.28 of "the
16 Civil Administrative Code of Illinois," approved March 7,
17 1917, as amended, hereafter designated as the Employment
18 Security Advisory Board, is hereby authorized and directed to
19 study and examine the present provisions of this Act
20 providing for experience rating, in order to determine
21 whether the rates of contribution will operate to replenish
22 the amount of benefits paid and to determine the effect of
23 experience rating upon labor and industry in this State.
24 The Board shall submit its findings and recommendations
25 based thereon to the General Assembly. The Board may employ
26 such experts and assistants as may be necessary to carry out
27 the provisions of this Section. All expenses incurred in the
28 making of this study, including the preparation and
29 submission of its findings and recommendations, shall be paid
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1 in the same manner as is provided for the payment of costs of
2 administration of this Act.
3 (Source: P.A. 83-1503.)
4 (820 ILCS 405/1705) (from Ch. 48, par. 615)
5 Sec. 1705. Employment offices; State employment service.
6 The Director shall create as many employment districts and
7 establish and maintain as many State employment offices as he
8 or she deems necessary to carry out the provisions of this
9 Act. In addition to such offices and branches, the Illinois
10 Public State Free Employment Offices now in existence and
11 such as may hereafter be created pursuant to the provisions
12 of the Public Employment Office Act "An Act relating to
13 employment offices and agencies", approved May 11, 1903, as
14 amended, shall also serve as employment offices within the
15 purview of this Act. All such offices and agencies so created
16 and established, together with the said Illinois Public Free
17 Employment offices, shall constitute the State employment
18 service within the meaning of this Act. The Department of
19 Employment Security and the Director thereof may continue to
20 be the State agency for cooperation with the United States
21 Employment Service under an Act of Congress entitled "An Act
22 to provide for the establishment of a national employment
23 system and for cooperation with the States in the promotion
24 of such system, and for other purposes," approved June 6,
25 1933, as amended.
26 The Director may cooperate with or enter into agreements
27 with the Railroad Retirement Board with respect to the
28 establishment, maintenance, and use of free employment
29 service facilities. For the purpose of establishing and
30 maintaining free public employment offices, the Director is
31 authorized to enter into agreements with the Railroad
32 Retirement Board, or any other agency of the United States
33 charged with the administration of an unemployment
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1 compensation law, or with any political subdivision of this
2 State, and as a part of any such agreement the Director may
3 accept moneys, services, or quarters as a contribution, to be
4 treated in the same manner as funds received pursuant to
5 Section 2103.
6 Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of the
7 general election law of the State, the Director shall make
8 unemployment offices available for use as temporary places of
9 registration. Registration within the offices shall be in
10 the most public, orderly, and convenient portions thereof,
11 and Sections 4-3, 5-3, and 11-4 of the general election law
12 relative to the attendance of police officers during the
13 conduct of registration shall apply. Registration under this
14 Section shall be made in the manner provided by Sections 4-8,
15 4-10, 5-7, 5-9, 6-34, 6-35, and 6-37 of the general election
16 law. Employees of the Department in those such offices are
17 eligible to serve as deputy registrars.
18 (Source: P.A. 83-1503.)
19 ARTICLE 10
20 Section 10-5. The Illinois Act on the Aging is amended
21 by changing Section 4.05 as follows:
22 (20 ILCS 105/4.05) (from Ch. 23, par. 6104.05)
23 Sec. 4.05. Notwithstanding any other provision of this
24 Act to the contrary, the Department is authorized to limit
25 services, to reduce or adjust payment rates, and to modify
26 eligibility criteria as necessary to implement contingency
27 reserves under the Emergency Budget Act of Fiscal Year 1992,
28 to the extent permitted by federal law. Any such
29 modification, reduction or limitation shall expire on July 1,
30 1992.
31 The requirements contained in Section 4.02 for notice
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1 prior to a change in eligibility criteria shall not apply to
2 eligibility determinations for benefits payable from fiscal
3 year 1992 appropriations.
4 This Section is repealed on July 1, 1998.
5 (Source: P.A. 87-838.)
6 Section 10-10. The Department of Mental Health and
7 Developmental Disabilities Act is amended by changing Section
8 18.1 as follows:
9 (20 ILCS 1705/18.1) (from Ch. 91 1/2, par. 100-18.1)
10 Sec. 18.1. Community Mental Health and Developmental
11 Disabilities Services Provider Participation Fee Trust Fund.
12 (a) Deposits by State Treasurer. The State Treasurer
13 shall deposit moneys received by him as ex-officio custodian
14 of the Community Mental Health and Developmental Disabilities
15 Services Provider Participation Fee Trust Fund in banks or
16 savings and loan associations that have been approved by him
17 as State Depositaries under the Deposit of State Moneys Act
18 and with respect to such money shall be entitled to the same
19 rights and privileges as are provided by that Act with
20 respect to moneys in the treasury of the State of Illinois.
21 Any funds paid by providers in accordance with subsection
22 (c) shall be deposited into the Community Mental Health and
23 Developmental Disabilities Services Provider Participation
24 Fee Trust Fund.
25 Any funds paid by the federal government under Title XIX
26 of the Social Security Act to the State of Illinois for
27 services delivered by mental health or developmental
28 disabilities services community providers shall be deposited
29 into the Community Mental Health and Developmental
30 Disabilities Services Provider Participation Fee Trust Fund
31 if:
32 (1) the non-federal share is derived through
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1 payment of fees by providers in accordance with
2 subsection (c); or
3 (2) the non-federal share is derived from local
4 government funds certification without regard to payment
5 of a fee by a provider.
6 (b) Definitions. As used in this Section:
7 "Fee" means a provider participation fee required to be
8 submitted by each applicable provider to the State according
9 to the process described in subsection (c). This fee is
10 imposed pursuant to the authority granted by Sections 1 and 2
11 of Article IX of the Illinois Constitution of 1970.
12 "Fee year" means the fiscal year beginning July 1 and
13 ending June 30 for which the fee amount applies.
14 "Fund" means the Community Mental Health and
15 Developmental Disabilities Services Provider Participation
16 Fee Trust Fund in the State Treasury which is hereby created.
17 Interest earned by the Fund shall be credited to the Fund.
18 "Local government funds certification" means the process
19 by which a unit of local government certifies the expenditure
20 of local government funds for the purchase of a community
21 mental health or developmental disabilities service for which
22 federal funds are available to the State on a matching basis
23 through Title XIX of the Social Security Act.
24 "Medicaid reimbursed service" means a service provided by
25 a provider under an agreement with the Department which is
26 eligible for reimbursement from the federal Medicaid program
27 and which is subject to the fee process.
28 "Provider" means a community agency which is funded by
29 the Department to provide a Medicaid-reimbursed service.
30 (c) Payment of fees due. Each year the Department shall
31 calculate a fee which must be paid by the provider.
32 (1) Calculation of projected payments. The
33 Department shall determine the amount of the total gross
34 payment projected to be made by the Department during
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1 that fiscal year to the provider for covered services.
2 The projected payment shall take into consideration the
3 unit rates for services, the prior year's units of
4 service billed by the provider, and any factors which
5 will influence a change in the number of units of service
6 to be billed during the fee year.
7 (A) Differential payment schedule. If a
8 provider's projected total gross payment for the fee
9 year exceeds by more than 20% the actual total gross
10 payment for the year prior to the fee year, the
11 Department shall establish a fee payment schedule
12 for that provider which reflects the increasing
13 payments projected for the fee year. This special
14 payment schedule shall require lesser fee payments
15 during the first quarter with gradually increasing
16 fee payments according to the projected growth in
17 Medicaid receipts.
18 (B) Adjustment of inaccurate projections. If
19 a provider's projected total gross payment for the
20 fee exceeds by more than 20% the actual total gross
21 payment for the year prior to the fee year, the
22 Department shall monitor the actual total gross
23 payments on a quarterly basis throughout the fee
24 year. If, at the end of any quarter, actual
25 payments for the fee year to date differ by more
26 than 10% from projected payments, the Department
27 shall issue a revised fee amount to the provider.
28 If the actual payments exceed those projected, the
29 provider must submit the appropriate revised fee
30 amount within 30 days of the date the Department
31 sends the notification of the revised amount. If
32 the actual amounts are less than the projected
33 amounts, the Department must return to the provider
34 the appropriate share of overpaid fees, if any,
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1 within 30 days of the determination of the
2 discrepancy.
3 (2) Multiplier. The Department shall multiply the
4 projected total gross payment by an amount of not more
5 than 15% to determine the fee amount.
6 (3) Notification. The Department shall notify each
7 provider in writing of the amount of the fee and the
8 required procedure for submitting the required payment.
9 (4) Provider submission of fee. Each applicable
10 provider must submit the specified fee in equal quarterly
11 amounts due on the first business date of each calendar
12 quarter.
13 (5) (A) Any provider that fails to pay the fee when
14 due, or pays less than the full amount due, shall be
15 required to pay a penalty of 10% of the delinquency
16 or deficiency for each month, or any fraction
17 thereof, computed on the full amount of the
18 delinquency or deficiency, from the time the fee was
19 due.
20 (B) In addition, the Illinois Department may
21 take action to notify the Office of the Comptroller
22 to collect any amount of monies owed under this
23 Section, pursuant to Section 10.05 of the State
24 Comptroller Act, or may suspend payments to, or
25 cancel or refuse to issue, extend, or reinstate a
26 Provider Contract or Agreement to, any provider
27 which has failed to pay any delinquent fee or
28 penalty.
29 (6) Local government funds certification. If local
30 government funds are used as a source of a portion or the
31 entire fee amount, the provider may certify the planned
32 spending of these local funds for the specified services
33 in lieu of actual cash payment to the Fund. This
34 certification must be accompanied by a statement from
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1 each local government funder stating the intent of that
2 funder to contribute the applicable portion of the fee
3 amount. If this certification process is used, the
4 provider must also submit to the Department by October 31
5 of the year following the fee year an annual audit
6 statement from a Certified Public Accountant firm
7 demonstrating that the local government funds were spent
8 for the intended service in the amounts required
9 according to the fee amount. If these local government
10 funds were not spent for the Medicaid service as
11 required, the provider must pay to the State the amount
12 of the fee which was not spent, plus a fine of 25% of the
13 amount of the fee not properly covered by the local
14 government funds certification process. This payment
15 must be submitted to the State Treasury by October 31 of
16 the year following the fee year.
17 (d) Use of the Fund.
18 (1) Revenue. The Fund may receive deposits from
19 the federal government in accordance with subsection (a)
20 and from provider fees in accordance with subsection (c).
21 (2) Protection from reduction. The moneys in the
22 Fund shall be exempt from any State budget reduction
23 Acts. The Fund shall not be used to replace any funds
24 otherwise appropriated to the Medicaid program by the
25 General Assembly.
26 (3) Administration; Contingency reserve. Moneys
27 paid from the Fund shall be used first for payment of
28 administrative expenses incurred by the Department in
29 performing the activities authorized by this Section,
30 including payments of any amounts which are reimbursable
31 to the federal government for payments from this Fund
32 which are required to be paid by State warrant.
33 Disbursements from this Fund, other than transfers to the
34 General Obligation Bond Retirement and Interest Fund,
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1 shall be by warrants drawn by the State Comptroller upon
2 receipt of vouchers duly executed and certified by the
3 Department. The Department may also establish a
4 contingency reserve of no more than 3% of the total
5 moneys collected in any one year.
6 (4) (Blank). Expenditures. Moneys in the Fund may
7 be used for making transfers to the General Obligation
8 Bond Retirement and Interest Fund before October 1, 1992,
9 as those transfers are authorized in the proceedings
10 authorizing debt under the Short Term Borrowing Act.
11 These transfers shall not exceed the principal amount of
12 debt issued in anticipation of the receipt by the State
13 of moneys to be deposited into the Fund.
14 After paying the necessary administrative expenses
15 and providing for a contingency, the Department shall
16 spend the remaining moneys in the Fund to reimburse
17 providers for providing Medicaid services.
18 (A) In the aggregate, providers are entitled
19 to a return of the entire amount required plus the
20 federal matching portion less administrative
21 expenses and less the allowed 3% contingency
22 reserve, based on fees paid before October 1, 1992.
23 No provider will receive back less than the amount
24 required as a fee, for fees paid before October 1,
25 1992.
26 (B) The Department shall maintain records that
27 show the amount of money that has been paid by each
28 provider into the Fund and the amount of money that
29 has been paid from the Fund to each provider.
30 (5) Audit. The Department shall conduct an annual
31 audit of the Fund to determine that amounts received from
32 or paid to providers were correct. If a unit of local
33 government certified non-federal funds, the provider must
34 submit to the Department within 120 days after the end of
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1 the fiscal year an annual audit statement from a
2 certified public accountant firm demonstrating that the
3 local government funds were spent for the intended
4 service in the amounts required. If an audit identifies
5 amounts that a provider should have been required to pay
6 and did not pay, a provider should not have been required
7 to pay but did pay, a provider should not have received
8 but did receive, or a provider should have received but
9 did not receive, the Department shall:
10 (A) Make the corrected payments to the
11 provider;
12 (B) Correct the fee amount and any related
13 fines; or
14 (C) Take action to recover required amounts
15 from the provider.
16 (e) Applicability contingent on federal funds. The
17 requirements of subsection (c) shall apply only as long as
18 federal funds under the Medicaid Program are provided for the
19 purposes of this Section and only as long as reimbursable
20 expenditures are matched at the federal Medicaid percentage
21 of at least 50%. Whenever the Department is informed that
22 federal funds are not to be provided for these purposes or
23 are provided at a lower percentage, the Department shall
24 promptly refund to each provider the amount of money
25 deposited by each provider, minus payments made from fee
26 funds to the provider, minus the proportionate share of funds
27 spent for administration, plus the proportionate share of any
28 investment earnings. In no event shall the Department
29 calculate a fee or require the payment of a fee for any
30 quarter beginning on or after October 1, 1992.
31 (f) The Department may promulgate rules and regulations
32 to implement this Section. For the purposes of the Illinois
33 Administrative Procedure Act, the adoption or amendment of
34 rules to implement this amendatory Act of 1991 shall be
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1 deemed an emergency and necessary for the public interest,
2 safety and welfare.
3 (Source: P.A. 89-626, eff. 8-9-96.)
4 Section 10-15. The Military Code of Illinois is amended
5 by changing Section 22-7 as follows:
6 (20 ILCS 1805/22-7) (from Ch. 129, par. 220.22-7)
7 Sec. 22-7. Transfers from the Illinois National Guard
8 Armory Construction Fund. In addition to any other permitted
9 use of moneys in the Fund, and notwithstanding Sections 22-3
10 and 22-6 and any other restriction on the use of the Fund,
11 moneys in the Illinois National Guard Armory Construction
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 $1,000,000 (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 This Section is repealed on July 1, 1998.
21 (Source: P.A. 87-838.)
22 Section 10-20. The Civil Administrative Code of Illinois
23 is amended by changing Section 55a as follows:
24 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
25 Sec. 55a. (A) The Department of State Police shall have
26 the following powers and duties, and those set forth in
27 Sections 55a-1 through 55c:
28 1. To exercise the rights, powers and duties which have
29 been vested in the Department of Public Safety by the State
30 Police Act.
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1 2. To exercise the rights, powers and duties which have
2 been vested in the Department of Public Safety by the State
3 Police Radio Act.
4 3. To exercise the rights, powers and duties which have
5 been vested in the Department of Public Safety by the
6 Criminal Identification Act.
7 4. To (a) investigate the origins, activities, personnel
8 and incidents of crime and the ways and means to redress the
9 victims of crimes, and study the impact, if any, of
10 legislation relative to the effusion of crime and growing
11 crime rates, and enforce the criminal laws of this State
12 related thereto, (b) enforce all laws regulating the
13 production, sale, prescribing, manufacturing, administering,
14 transporting, having in possession, dispensing, delivering,
15 distributing, or use of controlled substances and cannabis,
16 (c) employ skilled experts, scientists, technicians,
17 investigators or otherwise specially qualified persons to aid
18 in preventing or detecting crime, apprehending criminals, or
19 preparing and presenting evidence of violations of the
20 criminal laws of the State, (d) cooperate with the police of
21 cities, villages and incorporated towns, and with the police
22 officers of any county, in enforcing the laws of the State
23 and in making arrests and recovering property, (e) apprehend
24 and deliver up any person charged in this State or any other
25 State of the United States with treason, felony, or other
26 crime, who has fled from justice and is found in this State,
27 and (f) conduct such other investigations as may be provided
28 by law. Persons exercising these powers within the Department
29 are conservators of the peace and as such have all the powers
30 possessed by policemen in cities and sheriffs, except that
31 they may exercise such powers anywhere in the State in
32 cooperation with and after contact with the local law
33 enforcement officials. Such persons may use false or
34 fictitious names in the performance of their duties under
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1 this paragraph, upon approval of the Director, and shall not
2 be subject to prosecution under the criminal laws for such
3 use.
4 5. To: (a) be a central repository and custodian of
5 criminal statistics for the State, (b) be a central
6 repository for criminal history record information, (c)
7 procure and file for record such information as is necessary
8 and helpful to plan programs of crime prevention, law
9 enforcement and criminal justice, (d) procure and file for
10 record such copies of fingerprints, as may be required by
11 law, (e) establish general and field crime laboratories, (f)
12 register and file for record such information as may be
13 required by law for the issuance of firearm owner's
14 identification cards, (g) employ polygraph operators,
15 laboratory technicians and other specially qualified persons
16 to aid in the identification of criminal activity, and (h)
17 undertake such other identification, information, laboratory,
18 statistical or registration activities as may be required by
19 law.
20 6. To (a) acquire and operate one or more radio
21 broadcasting stations in the State to be used for police
22 purposes, (b) operate a statewide communications network to
23 gather and disseminate information for law enforcement
24 agencies, (c) operate an electronic data processing and
25 computer center for the storage and retrieval of data
26 pertaining to criminal activity, and (d) undertake such other
27 communication activities as may be required by law.
28 7. To provide, as may be required by law, assistance to
29 local law enforcement agencies through (a) training,
30 management and consultant services for local law enforcement
31 agencies, and (b) the pursuit of research and the publication
32 of studies pertaining to local law enforcement activities.
33 8. To exercise the rights, powers and duties which have
34 been vested in the Department of State Police and the
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1 Director of the Department of State Police by the Narcotic
2 Control Division Abolition Act.
3 9. To exercise the rights, powers and duties which have
4 been vested in the Department of Public Safety by the
5 Illinois Vehicle Code.
6 10. To exercise the rights, powers and duties which have
7 been vested in the Department of Public Safety by the Firearm
8 Owners Identification Card Act.
9 11. To enforce and administer such other laws in
10 relation to law enforcement as may be vested in the
11 Department.
12 12. To transfer jurisdiction of any realty title to
13 which is held by the State of Illinois under the control of
14 the Department to any other department of the State
15 government or to the State Employees Housing Commission, or
16 to acquire or accept Federal land, when such transfer,
17 acquisition or acceptance is advantageous to the State and is
18 approved in writing by the Governor.
19 13. With the written approval of the Governor, to enter
20 into agreements with other departments created by this Act,
21 for the furlough of inmates of the penitentiary to such other
22 departments for their use in research programs being
23 conducted by them.
24 For the purpose of participating in such research
25 projects, the Department may extend the limits of any
26 inmate's place of confinement, when there is reasonable cause
27 to believe that the inmate will honor his or her trust by
28 authorizing the inmate, under prescribed conditions, to leave
29 the confines of the place unaccompanied by a custodial agent
30 of the Department. The Department shall make rules governing
31 the transfer of the inmate to the requesting other department
32 having the approved research project, and the return of such
33 inmate to the unextended confines of the penitentiary. Such
34 transfer shall be made only with the consent of the inmate.
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1 The willful failure of a prisoner to remain within the
2 extended limits of his or her confinement or to return within
3 the time or manner prescribed to the place of confinement
4 designated by the Department in granting such extension shall
5 be deemed an escape from custody of the Department and
6 punishable as provided in Section 3-6-4 of the Unified Code
7 of Corrections.
8 14. To provide investigative services, with all of the
9 powers possessed by policemen in cities and sheriffs, in and
10 around all race tracks subject to the Horse Racing Act of
11 1975.
12 15. To expend such sums as the Director deems necessary
13 from Contractual Services appropriations for the Division of
14 Criminal Investigation for the purchase of evidence and for
15 the employment of persons to obtain evidence. Such sums shall
16 be advanced to agents authorized by the Director to expend
17 funds, on vouchers signed by the Director.
18 16. To assist victims and witnesses in gang crime
19 prosecutions through the administration of funds appropriated
20 from the Gang Violence Victims and Witnesses Fund to the
21 Department. Such funds shall be appropriated to the
22 Department and shall only be used to assist victims and
23 witnesses in gang crime prosecutions and such assistance may
24 include any of the following:
25 (a) temporary living costs;
26 (b) moving expenses;
27 (c) closing costs on the sale of private residence;
28 (d) first month's rent;
29 (e) security deposits;
30 (f) apartment location assistance;
31 (g) other expenses which the Department considers
32 appropriate; and
33 (h) compensation for any loss of or injury to real
34 or personal property resulting from a gang crime to a
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1 maximum of $5,000, subject to the following provisions:
2 (1) in the case of loss of property, the
3 amount of compensation shall be measured by the
4 replacement cost of similar or like property which
5 has been incurred by and which is substantiated by
6 the property owner,
7 (2) in the case of injury to property, the
8 amount of compensation shall be measured by the cost
9 of repair incurred and which can be substantiated by
10 the property owner,
11 (3) compensation under this provision is a
12 secondary source of compensation and shall be
13 reduced by any amount the property owner receives
14 from any other source as compensation for the loss
15 or injury, including, but not limited to, personal
16 insurance coverage,
17 (4) no compensation may be awarded if the
18 property owner was an offender or an accomplice of
19 the offender, or if the award would unjustly benefit
20 the offender or offenders, or an accomplice of the
21 offender or offenders.
22 No victim or witness may receive such assistance if he or
23 she is not a part of or fails to fully cooperate in the
24 prosecution of gang crime members by law enforcement
25 authorities.
26 The Department shall promulgate any rules necessary for
27 the implementation of this amendatory Act of 1985.
28 17. To conduct arson investigations.
29 18. To develop a separate statewide statistical police
30 contact record keeping system for the study of juvenile
31 delinquency. The records of this police contact system shall
32 be limited to statistical information. No individually
33 identifiable information shall be maintained in the police
34 contact statistical record system.
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1 19. To develop a separate statewide central adjudicatory
2 and dispositional records system for persons under 19 years
3 of age who have been adjudicated delinquent minors and to
4 make information available to local registered participating
5 police youth officers so that police youth officers will be
6 able to obtain rapid access to the juvenile's background from
7 other jurisdictions to the end that the police youth officers
8 can make appropriate dispositions which will best serve the
9 interest of the child and the community. Information
10 maintained in the adjudicatory and dispositional record
11 system shall be limited to the incidents or offenses for
12 which the minor was adjudicated delinquent by a court, and a
13 copy of the court's dispositional order. All individually
14 identifiable records in the adjudicatory and dispositional
15 records system shall be destroyed when the person reaches 19
16 years of age.
17 20. To develop rules which guarantee the confidentiality
18 of such individually identifiable adjudicatory and
19 dispositional records except when used for the following:
20 (a) by authorized juvenile court personnel or the
21 State's Attorney in connection with proceedings under the
22 Juvenile Court Act of 1987; or
23 (b) inquiries from registered police youth
24 officers.
25 For the purposes of this Act "police youth officer" means
26 a member of a duly organized State, county or municipal
27 police force who is assigned by his or her Superintendent,
28 Sheriff or chief of police, as the case may be, to specialize
29 in youth problems.
30 21. To develop administrative rules and administrative
31 hearing procedures which allow a minor, his or her attorney,
32 and his or her parents or guardian access to individually
33 identifiable adjudicatory and dispositional records for the
34 purpose of determining or challenging the accuracy of the
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1 records. Final administrative decisions shall be subject to
2 the provisions of the Administrative Review Law.
3 22. To charge, collect, and receive fees or moneys
4 equivalent to the cost of providing Department of State
5 Police personnel, equipment, and services to local
6 governmental agencies when explicitly requested by a local
7 governmental agency and pursuant to an intergovernmental
8 agreement as provided by this Section, other State agencies,
9 and federal agencies, including but not limited to fees or
10 moneys equivalent to the cost of providing dispatching
11 services, radio and radar repair, and training to local
12 governmental agencies on such terms and conditions as in the
13 judgment of the Director are in the best interest of the
14 State; and to establish, charge, collect and receive fees or
15 moneys based on the cost of providing responses to requests
16 for criminal history record information pursuant to positive
17 identification and any Illinois or federal law authorizing
18 access to some aspect of such information and to prescribe
19 the form and manner for requesting and furnishing such
20 information to the requestor on such terms and conditions as
21 in the judgment of the Director are in the best interest of
22 the State, provided fees for requesting and furnishing
23 criminal history record information may be waived for
24 requests in the due administration of the criminal laws. The
25 Department may also charge, collect and receive fees or
26 moneys equivalent to the cost of providing electronic data
27 processing lines or related telecommunication services to
28 local governments, but only when such services can be
29 provided by the Department at a cost less than that
30 experienced by said local governments through other means.
31 All services provided by the Department shall be conducted
32 pursuant to contracts in accordance with the
33 Intergovernmental Cooperation Act, and all telecommunication
34 services shall be provided pursuant to the provisions of
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1 Section 67.18 of this Code.
2 All fees received by the Department of State Police under
3 this Act or the Illinois Uniform Conviction Information Act
4 shall be deposited in a special fund in the State Treasury to
5 be known as the State Police Services Fund. The money
6 deposited in the State Police Services Fund shall be
7 appropriated to the Department of State Police for expenses
8 of the Department of State Police.
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 State Police Services 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 $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 Upon the completion of any audit of the Department of
20 State Police as prescribed by the Illinois State Auditing
21 Act, which audit includes an audit of the State Police
22 Services Fund, the Department of State Police shall make the
23 audit open to inspection by any interested person.
24 23. To exercise the powers and perform the duties which
25 have been vested in the Department of State Police by the
26 Intergovernmental Missing Child Recovery Act of 1984, and to
27 establish reasonable rules and regulations necessitated
28 thereby.
29 24. (a) To establish and maintain a statewide Law
30 Enforcement Agencies Data System (LEADS) for the purpose of
31 effecting an immediate law enforcement response to reports of
32 missing persons, including lost, missing or runaway minors.
33 The Department shall implement an automatic data exchange
34 system to compile, to maintain and to make available to other
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1 law enforcement agencies for immediate dissemination data
2 which can assist appropriate agencies in recovering missing
3 persons.
4 (b) In exercising its duties under this subsection, the
5 Department shall:
6 (1) provide a uniform reporting format for the
7 entry of pertinent information regarding the report of a
8 missing person into LEADS;
9 (2) develop and implement a policy whereby a
10 statewide or regional alert would be used in situations
11 relating to the disappearances of individuals, based on
12 criteria and in a format established by the Department.
13 Such a format shall include, but not be limited to, the
14 age of the missing person and the suspected circumstance
15 of the disappearance;
16 (3) notify all law enforcement agencies that
17 reports of missing persons shall be entered as soon as
18 the minimum level of data specified by the Department is
19 available to the reporting agency, and that no waiting
20 period for the entry of such data exists;
21 (4) compile and retain information regarding lost,
22 abducted, missing or runaway minors in a separate data
23 file, in a manner that allows such information to be used
24 by law enforcement and other agencies deemed appropriate
25 by the Director, for investigative purposes. Such
26 information shall include the disposition of all reported
27 lost, abducted, missing or runaway minor cases;
28 (5) compile and maintain an historic data
29 repository relating to lost, abducted, missing or runaway
30 minors and other missing persons in order to develop and
31 improve techniques utilized by law enforcement agencies
32 when responding to reports of missing persons; and
33 (6) create a quality control program regarding
34 confirmation of missing person data, timeliness of
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1 entries of missing person reports into LEADS and
2 performance audits of all entering agencies.
3 25. On request of a school board or regional
4 superintendent of schools, to conduct an inquiry pursuant to
5 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
6 an applicant for employment in a school district has been
7 convicted of any criminal or drug offenses enumerated in
8 Section 10-21.9 or 34-18.5 of the School Code. The
9 Department shall furnish such conviction information to the
10 President of the school board of the school district which
11 has requested the information, or if the information was
12 requested by the regional superintendent to that regional
13 superintendent.
14 26. To promulgate rules and regulations necessary for
15 the administration and enforcement of its powers and duties,
16 wherever granted and imposed, pursuant to the Illinois
17 Administrative Procedure Act.
18 27. To (a) promulgate rules pertaining to the
19 certification, revocation of certification and training of
20 law enforcement officers as electronic criminal surveillance
21 officers, (b) provide training and technical assistance to
22 State's Attorneys and local law enforcement agencies
23 pertaining to the interception of private oral
24 communications, (c) promulgate rules necessary for the
25 administration of Article 108B of the Code of Criminal
26 Procedure of 1963, including but not limited to standards for
27 recording and minimization of electronic criminal
28 surveillance intercepts, documentation required to be
29 maintained during an intercept, procedures in relation to
30 evidence developed by an intercept, and (d) charge a
31 reasonable fee to each law enforcement agency that sends
32 officers to receive training as electronic criminal
33 surveillance officers.
34 28. Upon the request of any private organization which
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1 devotes a major portion of its time to the provision of
2 recreational, social, educational or child safety services to
3 children, to conduct, pursuant to positive identification,
4 criminal background investigations of all of that
5 organization's current employees, current volunteers,
6 prospective employees or prospective volunteers charged with
7 the care and custody of children during the provision of the
8 organization's services, and to report to the requesting
9 organization any record of convictions maintained in the
10 Department's files about such persons. The Department shall
11 charge an application fee, based on actual costs, for the
12 dissemination of conviction information pursuant to this
13 subsection. The Department is empowered to establish this
14 fee and shall prescribe the form and manner for requesting
15 and furnishing conviction information pursuant to this
16 subsection. Information received by the organization from the
17 Department concerning an individual shall be provided to such
18 individual. Any such information obtained by the
19 organization shall be confidential and may not be transmitted
20 outside the organization and may not be transmitted to anyone
21 within the organization except as needed for the purpose of
22 evaluating the individual. Only information and standards
23 which bear a reasonable and rational relation to the
24 performance of child care shall be used by the organization.
25 Any employee of the Department or any member, employee or
26 volunteer of the organization receiving confidential
27 information under this subsection who gives or causes to be
28 given any confidential information concerning any criminal
29 convictions of an individual shall be guilty of a Class A
30 misdemeanor unless release of such information is authorized
31 by this subsection.
32 29. Upon the request of the Department of Children and
33 Family Services, to investigate reports of child abuse or
34 neglect.
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1 30. To obtain registration of a fictitious vital record
2 pursuant to Section 15.1 of the Vital Records Act.
3 31. To collect and disseminate information relating to
4 "hate crimes" as defined under Section 12-7.1 of the Criminal
5 Code of 1961 contingent upon the availability of State or
6 Federal funds to revise and upgrade the Illinois Uniform
7 Crime Reporting System. All law enforcement agencies shall
8 report monthly to the Department of State Police concerning
9 such offenses in such form and in such manner as may be
10 prescribed by rules and regulations adopted by the Department
11 of State Police. Such information shall be compiled by the
12 Department and be disseminated upon request to any local law
13 enforcement agency, unit of local government, or state
14 agency. Dissemination of such information shall be subject
15 to all confidentiality requirements otherwise imposed by law.
16 The Department of State Police shall provide training for
17 State Police officers in identifying, responding to, and
18 reporting all hate crimes. The Illinois Local Governmental
19 Law Enforcement Officer's Training Board shall develop and
20 certify a course of such training to be made available to
21 local law enforcement officers.
22 32. Upon the request of a private carrier company that
23 provides transportation under Section 28b of the Metropolitan
24 Transit Authority Act, to ascertain if an applicant for a
25 driver position has been convicted of any criminal or drug
26 offense enumerated in Section 28b of the Metropolitan Transit
27 Authority Act. The Department shall furnish the conviction
28 information to the private carrier company that requested the
29 information.
30 33. To apply for grants or contracts, receive, expend,
31 allocate, or disburse funds and moneys made available by
32 public or private entities, including, but not limited to,
33 contracts, bequests, grants, or receiving equipment from
34 corporations, foundations, or public or private institutions
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1 of higher learning. All funds received by the Department
2 from these sources shall be deposited into the appropriate
3 fund in the State Treasury to be appropriated to the
4 Department for purposes as indicated by the grantor or
5 contractor or, in the case of funds or moneys bequeathed or
6 granted for no specific purpose, for any purpose as deemed
7 appropriate by the Director in administering the
8 responsibilities of the Department.
9 34. Upon the request of the Department of Children and
10 Family Services, the Department of State Police shall provide
11 properly designated employees of the Department of Children
12 and Family Services with criminal history record information
13 as defined in the Illinois Uniform Conviction Information Act
14 and information maintained in the adjudicatory and
15 dispositional record system as defined in subdivision (A)19
16 of this Section if the Department of Children and Family
17 Services determines the information is necessary to perform
18 its duties under the Abused and Neglected Child Reporting
19 Act, the Child Care Act of 1969, and the Children and Family
20 Services Act. The request shall be in the form and manner
21 specified by the Department of State Police.
22 (B) The Department of State Police may establish and
23 maintain, within the Department of State Police, a Statewide
24 Organized Criminal Gang Database (SWORD) for the purpose of
25 tracking organized criminal gangs and their memberships.
26 Information in the database may include, but not be limited
27 to, the name, last known address, birth date, physical
28 descriptions (such as scars, marks, or tattoos), officer
29 safety information, organized gang affiliation, and entering
30 agency identifier. The Department may develop, in
31 consultation with the Criminal Justice Information Authority,
32 and in a form and manner prescribed by the Department, an
33 automated data exchange system to compile, to maintain, and
34 to make this information electronically available to
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1 prosecutors and to other law enforcement agencies. The
2 information may be used by authorized agencies to combat the
3 operations of organized criminal gangs statewide.
4 (C) The Department of State Police may ascertain the
5 number of bilingual police officers and other personnel
6 needed to provide services in a language other than English
7 and may establish, under applicable personnel rules and
8 Department guidelines or through a collective bargaining
9 agreement, a bilingual pay supplement program.
10 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
11 Section 10-30. The State Finance Act is amended by
12 changing Sections 5, 6, 6z-11, 8.8b, 8.20, 8.25, 8c, 8d, and
13 10 as follows:
14 (30 ILCS 105/5) (from Ch. 127, par. 141)
15 Sec. 5. Special funds.
16 (a) There are special funds in the State Treasury
17 designated as specified in the Sections which succeed this
18 Section 5 and precede Section 6.
19 (b) Except as provided in the Illinois Motor Vehicle
20 Theft Prevention Act, when any special fund in the State
21 Treasury is discontinued by an Act of the General Assembly,
22 any balance remaining therein on the effective date of such
23 Act shall be transferred to the General Revenue Fund, or to
24 such other fund as such Act shall provide. Warrants
25 outstanding against such discontinued fund at the time of the
26 transfer of any such balance therein shall be paid out of the
27 fund to which the transfer was made.
28 (c) When any special fund in the State Treasury has been
29 inactive for 18 months or longer, the fund is automatically
30 terminated by operation of law and the balance remaining in
31 such fund shall be transferred by the Comptroller to the
32 General Revenue Fund. When a special fund has been
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1 terminated by operation of law as provided in this Section,
2 the General Assembly shall repeal or amend all Sections of
3 the statutes creating or otherwise referring to that fund.
4 The Comptroller shall be allowed the discretion to
5 maintain or dissolve any federal trust fund which has been
6 inactive for 18 months or longer.
7 (d) (Blank). Until July 1, 1992, the Governor may direct
8 the Comptroller and the Treasurer to transfer monies from any
9 special fund in the State Treasury created prior to July 1,
10 1991 to the General Revenue Fund, notwithstanding any
11 limitation on the use of monies in the special fund that may
12 be imposed by this Act or by any other Act. The amounts
13 transferred under this subsection (d) may not exceed a total
14 of $50,000,000.
15 (e) (Blank). Pursuant to the General Assembly's findings
16 in the Emergency Budget Act of Fiscal Year 1992 that an
17 excess exists or has existed in certain specified special
18 funds, the Comptroller and Treasurer shall have the authority
19 to transfer into the General Revenue Fund from each of those
20 special funds the amount specified in those findings.
21 (Source: P.A. 86-1408; 87-14; 87-838.)
22 (30 ILCS 105/6) (from Ch. 127, par. 142)
23 Sec. 6. The gross or total proceeds, receipts and income
24 of all lands leased by the Department of Corrections and of
25 all industrial operations at the several State institutions
26 and divisions under the direction and supervision of the
27 Department of Corrections shall be covered into the State
28 treasury into a state trust fund to be known as "The Working
29 Capital Revolving Fund". "Industrial operations", as herein
30 used, means and includes the operation of those State
31 institutions producing, by the use of materials, supplies and
32 labor, goods, or wares or merchandise to be sold.
33 In addition to any other permitted use of moneys in the
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1 Fund, and notwithstanding any restriction on the use of the
2 Fund, moneys in the Working Capital Revolving Fund may be
3 transferred to the General Revenue Fund as authorized by this
4 amendatory Act of 1992. The General Assembly finds that an
5 excess of moneys exists in the Fund. On February 1, 1992,
6 the Comptroller shall order transferred and the Treasurer
7 shall transfer $1,500,000 (or such lesser amount as may be on
8 deposit in the Fund and unexpended and unobligated on that
9 date) from the Fund to the General Revenue Fund.
10 (Source: P.A. 87-838.)
11 (30 ILCS 105/6z-11) (from Ch. 127, par. 142z-11)
12 Sec. 6z-11. All moneys received by the Illinois Bank
13 Examiners' Education Foundation pursuant to subsection (11)
14 of Section 48 of the Illinois Banking Act shall be deposited
15 into a special fund known as the Illinois Bank Examiners'
16 Education Fund, which is hereby created in the State
17 Treasury, or deposited into an account maintained in a
18 commercial bank or corporate fiduciary in the name of the
19 Illinois Bank Examiners' Education Foundation pursuant to the
20 order and direction of the Board of Trustees of the Illinois
21 Bank Examiners' Education Foundation. The Board of Trustees
22 of the Illinois Bank Examiners' Education Foundation shall
23 determine whether the Treasurer of the State of Illinois
24 shall invest those moneys in the Public Treasurers'
25 Investment Pool or in any other investment he is authorized
26 to make, whether the Illinois State Board of Investment shall
27 invest those moneys, or whether the moneys shall be placed on
28 deposit at a commercial bank or corporate fiduciary. All
29 interest or income earned on monies in Illinois Bank
30 Examiners' Education Fund shall be deposited in the Fund.
31 Moneys in the Illinois Bank Examiners' Education Fund may
32 be expended, subject to appropriation, or, if maintained on
33 deposit at a commercial bank or corporate fiduciary, upon the
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1 order of the Board of Trustees of the Illinois Bank
2 Examiners' Education Foundation, drawn by the treasurer of
3 the Board of Trustees and countersigned by the secretary of
4 the Board of Trustees for the payment of expenses of the
5 Board of Trustees of the Illinois Bank Examiners' Education
6 Foundation, administrative expenses of the Illinois Bank
7 Examiners' Education Program, and expenses of the Illinois
8 Bank Examiners' Education Program.
9 Whenever funds retained by the Illinois Bank Examiners'
10 Education Foundation in its own treasury are deposited with a
11 commercial bank or corporate fiduciary and the amount of the
12 deposit exceeds the amount of federal deposit insurance
13 coverage, a bond or pledged securities shall be obtained.
14 Only the types of securities that the State Treasurer may, in
15 his discretion, accept for amounts not insured by the Federal
16 Deposit Insurance Corporation under Section 11 of the Deposit
17 of State Moneys Act may be accepted as pledged securities.
18 The market value of the bond or pledged securities shall at
19 all times be equal to or greater than the uninsured portion
20 of the deposit.
21 The Auditor General shall audit or cause to be audited
22 the above items of income and all other income and
23 expenditures of this Fund.
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 Illinois Bank Examiners' Education Fund
27 may be transferred to the General Revenue Fund as authorized
28 by this amendatory Act of 1992. The General Assembly finds
29 that an excess of moneys exists in the Fund. On February 1,
30 1992, the Comptroller shall order transferred and the
31 Treasurer shall transfer $500,000 (or such lesser amount as
32 may be on deposit in the Fund and unexpended and unobligated
33 on that date) from the Fund to the General Revenue Fund.
34 (Source: P.A. 87-838; 87-1038.)
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1 (30 ILCS 105/8.8b) (from Ch. 127, par. 144.8b)
2 Sec. 8.8b. Transfers from Grade Crossing Protection Fund.
3 In addition to any other permitted use of moneys in the Fund,
4 and notwithstanding any restriction on the use of the Fund,
5 moneys in the Grade Crossing Protection Fund may be
6 transferred to the General Revenue Fund as authorized by
7 Public Act 87-14. The General Assembly finds that an excess
8 of moneys existed in the Fund on July 30, 1991, and the
9 Governor's order of July 30, 1991, requesting the Comptroller
10 and Treasurer to transfer an amount from the Fund to the
11 General Revenue Fund is hereby validated.
12 In addition to any other permitted use of moneys in the
13 Fund, and notwithstanding any restriction on the use of the
14 Fund, moneys in the Grade Crossing Protection Fund may be
15 transferred to the General Revenue Fund as authorized by this
16 amendatory Act of 1992. The General Assembly finds that an
17 excess of moneys exists in the Fund. On February 1, 1992,
18 the Comptroller shall order transferred and the Treasurer
19 shall transfer $1,000,000 (or such lesser amount as may be on
20 deposit in the Fund and unexpended and unobligated on that
21 date) from the Fund to the General Revenue Fund.
22 (Source: P.A. 87-838.)
23 (30 ILCS 105/8.20) (from Ch. 127, par. 144.20)
24 Sec. 8.20. Appropriations for the ordinary and
25 contingent expenses of the Illinois Liquor Control Commission
26 shall be paid from the Dram Shop Fund. On August 30 of each
27 fiscal year's license period, an amount of money equal to the
28 number of retail liquor licenses issued for that fiscal year
29 multiplied by $50 shall be transferred from the Dram Shop
30 Fund and shall be deposited in the Youth Alcoholism and
31 Substance Abuse Prevention Fund. Beginning June 30, 1990 and
32 on June 30 of each subsequent year, any balance over
33 $5,000,000 remaining in the Dram Shop Fund shall be credited
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1 to State liquor licensees and applied against their fees for
2 State liquor licenses for the following year. The amount
3 credited to each licensee shall be a proportion of the
4 balance in the Dram Shop Fund that is the same as the
5 proportion of the license fee paid by the licensee under
6 Section 5-3 of The Liquor Control Act of 1934, as now or
7 hereafter amended, for the period in which the balance was
8 accumulated to the aggregate fees paid by all licensees
9 during that period.
10 In addition to any other permitted use of moneys in the
11 Fund, and notwithstanding any restriction on the use of the
12 Fund, moneys in the Dram Shop Fund may be transferred to the
13 General Revenue Fund as authorized by Public Act 87-14. The
14 General Assembly finds that an excess of moneys existed in
15 the Fund on July 30, 1991, and the Governor's order of July
16 30, 1991, requesting the Comptroller and Treasurer to
17 transfer an amount from the Fund to the General Revenue Fund
18 is hereby validated.
19 In addition to any other permitted use of moneys in the
20 Fund, and notwithstanding any restriction on the use of the
21 Fund, moneys in the Dram Shop Fund may be transferred to the
22 General Revenue Fund as authorized by this amendatory Act of
23 1992. The General Assembly finds that an excess of moneys
24 exists in the Fund. On February 1, 1992, the Comptroller
25 shall order transferred and the Treasurer shall transfer
26 $750,000 (or such lesser amount as may be on deposit in the
27 Fund and unexpended and unobligated on that date) from the
28 Fund to the General Revenue Fund.
29 (Source: P.A. 86-653; 86-983; 86-1028; 87-838.)
30 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
31 Sec. 8.25. Build Illinois Fund; uses.
32 (A) All moneys in the Build Illinois Fund shall be
33 transferred, appropriated, and used only for the purposes
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1 authorized by and subject to the limitations and conditions
2 prescribed by this Section. There are established the
3 following accounts in the Build Illinois Fund: the McCormick
4 Place Account, the Build Illinois Bond Account, the Build
5 Illinois Purposes Account, the Park and Conservation Fund
6 Account, and the Tourism Advertising and Promotion Account.
7 Amounts deposited into the Build Illinois Fund consisting of
8 1.55% before July 1, 1986, and 1.75% on and after July 1,
9 1986, of moneys received by the Department of Revenue under
10 Section 9 of the Use Tax Act, Section 9 of the Service Use
11 Tax Act, Section 9 of the Service Occupation Tax Act, and
12 Section 3 of the Retailers' Occupation Tax Act, and all
13 amounts deposited therein under Section 28 of the Illinois
14 Horse Racing Act of 1975, Section 4.05 of the Chicago World's
15 Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel
16 Operators' Occupation Tax Act, shall be credited initially to
17 the McCormick Place Account and all other amounts deposited
18 into the Build Illinois Fund shall be credited initially to
19 the Build Illinois Bond Account. Of the amounts initially so
20 credited to the McCormick Place Account in each month, the
21 amount that is to be transferred in that month to the
22 Metropolitan Fair and Exposition Authority Improvement Bond
23 Fund, as provided below, shall remain credited to the
24 McCormick Place Account, and all amounts initially so
25 credited in that month in excess thereof shall next be
26 credited to the Build Illinois Bond Account. Of the amounts
27 credited to the Build Illinois Bond Account in each month,
28 the amount that is to be transferred in that month to the
29 Build Illinois Bond Retirement and Interest Fund, as provided
30 below, shall remain credited to the Build Illinois Bond
31 Account, and all amounts so credited in each month in excess
32 thereof shall next be credited monthly to the other accounts
33 in the following order of priority: first, to the Build
34 Illinois Purposes Account, (a) 1/12, or in the case of fiscal
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1 year 1986, 1/9, of the fiscal year amounts authorized to be
2 transferred to the Build Illinois Purposes Fund as provided
3 below plus (b) any cumulative deficiency in those transfers
4 for prior months; second, 1/12 of $10,000,000, plus any
5 cumulative deficiency in those transfers for prior months, to
6 the Park and Conservation Fund Account; third, to the Tourism
7 Advertising and Promotion Account, an amount equal to (a) the
8 greater of 1/12 of $10,000,000 or 1/12 of the amount of the
9 fiscal year appropriation to the Department of Commerce and
10 Community Affairs, plus (b) any cumulative deficiency in
11 those transfers for prior months, to advertise and promote
12 tourism throughout Illinois under subsection (2) of Section
13 4a of the Illinois Promotion Act; and fourth, to the General
14 Revenue Fund in the State Treasury all amounts that remain in
15 the Build Illinois Fund on the last day of each month and are
16 not credited to any account in that Fund.
17 Transfers from the McCormick Place Account in the Build
18 Illinois Fund shall be made as follows:
19 Beginning with fiscal year 1985 and continuing for each
20 fiscal year thereafter, the Metropolitan Pier and Exposition
21 Authority shall annually certify to the State Comptroller and
22 State Treasurer the amount necessary and required during the
23 fiscal year with respect to which the certification is made
24 to pay the debt service requirements (including amounts to be
25 paid with respect to arrangements to provide additional
26 security or liquidity) on all outstanding bonds and notes,
27 including refunding bonds (herein collectively referred to as
28 bonds) of issues in the aggregate amount (excluding the
29 amount of any refunding bonds issued by that Authority after
30 January 1, 1986) of not more than $312,500,000 issued after
31 July 1, 1984, by that Authority for the purposes specified in
32 Sections 10.1 and 13.1 of the Metropolitan Pier and
33 Exposition Authority Act. In each month of the fiscal year
34 in which there are bonds outstanding with respect to which
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1 the annual certification is made, the Comptroller shall order
2 transferred and the Treasurer shall transfer from the
3 McCormick Place Account in the Build Illinois Fund to the
4 Metropolitan Fair and Exposition Authority Improvement Bond
5 Fund an amount equal to 150% of the certified amount for that
6 fiscal year divided by the number of months during that
7 fiscal year in which bonds of the Authority are outstanding,
8 plus any cumulative deficiency in those transfers for prior
9 months; provided, that the maximum amount that may be so
10 transferred in fiscal year 1985 shall not exceed $15,000,000
11 or a lesser sum as is actually necessary and required to pay
12 the debt service requirements for that fiscal year after
13 giving effect to net operating revenues of that Authority
14 available for that purpose as certified by that Authority,
15 and provided further that the maximum amount that may be so
16 transferred in fiscal year 1986 shall not exceed $30,000,000
17 and in each fiscal year thereafter shall not exceed
18 $33,500,000 in any fiscal year or a lesser sum as is actually
19 necessary and required to pay the debt service requirements
20 for that fiscal year after giving effect to net operating
21 revenues of that Authority available for that purpose as
22 certified by that Authority.
23 When an amount equal to 100% of the aggregate amount of
24 principal and interest in each fiscal year with respect to
25 bonds issued after July 1, 1984, that by their terms are
26 payable from the Metropolitan Fair and Exposition Authority
27 Improvement Bond Fund, including under sinking fund
28 requirements, has been so paid and deficiencies in reserves
29 established from bond proceeds shall have been remedied, and
30 at the time that those amounts have been transferred to the
31 Authority as provided in Section 13.1 of the Metropolitan
32 Pier and Exposition Authority Act, the remaining moneys, if
33 any, deposited and to be deposited during each fiscal year to
34 the Metropolitan Fair and Exposition Authority Improvement
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1 Bond Fund shall be transferred to the Metropolitan Fair and
2 Exposition Authority Completion Note Subordinate Fund.
3 Transfers from the Build Illinois Bond Account in the
4 Build Illinois Fund shall be made as follows:
5 Beginning with fiscal year 1986 and continuing for each
6 fiscal year thereafter so long as limited obligation bonds of
7 the State issued under the Build Illinois Bond Act remain
8 outstanding, the Comptroller shall order transferred and the
9 Treasurer shall transfer in each month, commencing in
10 October, 1985, on the last day of that month, from the Build
11 Illinois Bond Account to the Build Illinois Bond Retirement
12 and Interest Fund in the State Treasury the amount required
13 to be so transferred in that month under Section 13 of the
14 Build Illinois Bond Act.
15 Transfers from the remaining accounts in the Build
16 Illinois Fund shall be made in the following amounts and in
17 the following order of priority:
18 Beginning with fiscal year 1986 and continuing each
19 fiscal year thereafter, as soon as practicable after the
20 first day of each month, commencing in October, 1985, the
21 Comptroller shall order transferred and the Treasurer shall
22 transfer from the Build Illinois Purposes Account in the
23 Build Illinois Fund to the Build Illinois Purposes Fund
24 1/12th (or in the case of fiscal year 1986 1/9) of the
25 amounts specified below for the following fiscal years:
26 Fiscal Year Amount
27 1986 $35,000,000
28 1987 $45,000,000
29 1988 $50,000,000
30 1989 $55,000,000
31 1990 $55,000,000
32 1991 $50,000,000
33 1992 $16,200,000
34 1993 $16,200,000,
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1 plus any cumulative deficiency in those transfers for prior
2 months.
3 As soon as may be practicable after the first day of each
4 month beginning after July 1, 1984, the Comptroller shall
5 order transferred and the Treasurer shall transfer from the
6 Park and Conservation Fund Account in the Build Illinois Fund
7 to the Park and Conservation Fund 1/12 of $10,000,000, plus
8 any cumulative deficiency in those transfers for prior
9 months, for conservation and park purposes as enumerated in
10 Section 63a36 of the Civil Administrative Code of Illinois,
11 and to pay the debt service requirements on all outstanding
12 bonds of an issue in the aggregate amount of not more than
13 $40,000,000 issued after January 1, 1985, by the State of
14 Illinois for the purposes specified in Section 3(c) of the
15 Capital Development Bond Act of 1972, or for the same
16 purposes as specified in any other State general obligation
17 bond Act enacted after November 1, 1984. Transfers from the
18 Park and Conservation Fund to the Capital Development Bond
19 Retirement and Interest Fund to pay those debt service
20 requirements shall be made in accordance with Section 8.25b
21 of this Act.
22 As soon as may be practicable after the first day of each
23 month, the Comptroller shall order transferred and the
24 Treasurer shall transfer from the Tourism Advertising and
25 Promotion Account to the General Revenue Fund in fiscal year
26 1993 and thereafter an amount equal to (a) the greater of
27 1/12 of $10,000,000 or 1/12 of the amount of the fiscal year
28 appropriation to the Department of Commerce and Community
29 Affairs, plus (b) any cumulative deficiency in those
30 transfers for prior months, to advertise and promote tourism
31 throughout Illinois under subsection (2) of Section 4a of the
32 Illinois Promotion Act.
33 All funds remaining in the Build Illinois Fund on the
34 last day of any month and not credited to any account in that
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1 Fund shall be transferred by the State Treasurer to the
2 General Revenue Fund.
3 (B) For the purpose of this Section, "cumulative
4 deficiency" shall include all deficiencies in those transfers
5 that have occurred since July 1, 1984, as specified in
6 subsection (A) of this Section.
7 (C) In addition to any other permitted use of moneys in
8 the Fund, and notwithstanding any restriction on the use of
9 the Fund, moneys in the Park and Conservation Fund may be
10 transferred to the General Revenue Fund as authorized by
11 Public Act 87-14. The General Assembly finds that an excess
12 of moneys existed in the Fund on July 30, 1991, and the
13 Governor's order of July 30, 1991, requesting the Comptroller
14 and Treasurer to transfer an amount from the Fund to the
15 General Revenue Fund is hereby validated.
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 Park and Conservation Fund may be
19 transferred to the General Revenue Fund as authorized by this
20 amendatory Act of 1992. The General Assembly finds that an
21 excess of moneys exists in the Fund. On February 1, 1992,
22 the Comptroller shall order transferred and the Treasurer
23 shall transfer $7,000,000 (or such lesser amount as may be on
24 deposit in the Fund and unexpended and unobligated on that
25 date) from the Fund to the General Revenue Fund.
26 (D) (Blank). In addition to any other permitted use of
27 moneys in the Fund, and notwithstanding any restriction on
28 the use of the Fund, moneys in the Local Tourism 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 $500,000 (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 (Source: P.A. 87-14; 87-838; 87-860; 87-873; 87-895; 88-465.)
3 (30 ILCS 105/8c) (from Ch. 127, par. 144c)
4 Sec. 8c. Appropriations for projects and activities
5 authorized by The Build Illinois Act are payable from the
6 Build Illinois Purposes Fund, but may be obligated and
7 expended only with the written approval of the Governor in
8 such amounts, at such times, and for such purposes as
9 contemplated in such appropriations and in The Build Illinois
10 Act.
11 In addition to any other permitted use of moneys in the
12 Fund, and notwithstanding any restriction on the use of the
13 Fund, moneys in the Build Illinois Purposes Fund may be
14 transferred to the General Revenue Fund as authorized by this
15 amendatory Act of 1992. The General Assembly finds that an
16 excess of moneys exists in the Fund. On February 1, 1992,
17 the Comptroller shall order transferred and the Treasurer
18 shall transfer $1,000,000 (or such lesser amount as may be on
19 deposit in the Fund and unexpended and unobligated on that
20 date) from the Fund to the General Revenue Fund.
21 (Source: P.A. 87-838.)
22 (30 ILCS 105/8d) (from Ch. 127, par. 144d)
23 Sec. 8d. Transfers between the Solid Waste Management
24 Fund and the General Revenue Fund. As soon as may be
25 practicable after August 1, 1986, the State Comptroller shall
26 order transferred and the Treasurer shall transfer from the
27 General Revenue Fund to the Solid Waste Management Fund the
28 amount of $1,250,000. On April 15, 1987 and on the 15th day
29 of each month thereafter, the Comptroller shall order
30 transferred and the Treasurer shall transfer from the Solid
31 Waste Management Fund to the General Revenue Fund the lesser
32 of $500,000 or an amount equal to 50% of the money deposited
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1 into the Solid Waste Management Fund during the previous
2 month. Once the cumulative amount transferred from the Solid
3 Waste Management Fund to the General Revenue Fund reaches
4 $1,250,000 such transfers shall cease.
5 In addition to any other permitted use of moneys in the
6 Fund, and notwithstanding any restriction on the use of the
7 Fund, moneys in the Solid Waste Management Fund may be
8 transferred to the General Revenue Fund as authorized by
9 Public Act 87-14. The General Assembly finds that an excess
10 of moneys existed in the Fund on July 30, 1991, and the
11 Governor's order of July 30, 1991, requesting the Comptroller
12 and Treasurer to transfer an amount from the Fund to the
13 General Revenue Fund is hereby validated.
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 Solid Waste Management Fund may be
17 transferred to the General Revenue Fund as authorized by this
18 amendatory Act of 1992. The General Assembly finds that an
19 excess of moneys exists in the Fund. On February 1, 1992,
20 the Comptroller shall order transferred and the Treasurer
21 shall transfer $5,000,000 (or such lesser amount as may be on
22 deposit in the Fund and unexpended and unobligated on that
23 date) from the Fund to the General Revenue Fund.
24 (Source: P.A. 87-838.)
25 (30 ILCS 105/10) (from Ch. 127, par. 146)
26 Sec. 10. Subject to the contingency reserves established
27 under the Emergency Budget Act of Fiscal Year 1992, When an
28 appropriation has been made by the General Assembly for the
29 ordinary and contingent expenses of the operation,
30 maintenance and administration of the several offices,
31 departments, institutions, boards, commissions and agencies
32 of the State government, the State Comptroller shall draw his
33 warrant on the State Treasurer for the payment of the same
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1 upon the presentation of itemized vouchers, issued,
2 certified, and approved, as follows:
3 For appropriations to
4 (1) Elective State officers in the executive
5 Department, to be certified and approved by such
6 officers, respectively;
7 (2) The Supreme Court, to be certified and approved
8 by the Chief Justice thereof;
9 (3) Appellate Court, to be certified and approved
10 by the Chief Justice of each judicial district;
11 (4) The State Senate, to be certified and approved
12 by the President;
13 (5) The House of Representatives, to be certified
14 and approved by the Speaker;
15 (6) The Auditor General, to be certified and
16 approved by the Auditor General;
17 (7) Clerks of courts, to be certified and approved
18 by the clerk incurring expenditures;
19 (8) The departments under the Civil Administrative
20 Code, to be certified and approved by the Director or
21 Secretary of the Department;
22 (9) The University of Illinois, to be certified by
23 the president and secretary of the Board of Trustees of
24 the University of Illinois, with the corporate seal of
25 the University attached thereto;
26 (10) The State Universities Retirement System, to
27 be certified to by the President and Secretary of the
28 Board of Trustees of the System;
29 (11) The Board of Trustees of Illinois State
30 University, to be certified to by the president and
31 secretary of that Board of Trustees, with the corporate
32 seal of that University attached thereto;
33 (12) The Board of Trustees of Northern Illinois
34 University, to be certified to by the president and
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1 secretary of that Board of Trustees, with the corporate
2 seal of that University attached thereto;
3 (12a) The Board of Trustees of Chicago State
4 University, certified to by the president and secretary
5 of that Board of Trustees, with the corporate seal of
6 that University attached thereto;
7 (12b) The Board of Trustees of Eastern Illinois
8 University, certified to by the president and secretary
9 of that Board of Trustees, with the corporate seal of
10 that University attached thereto;
11 (12c) The Board of Trustees of Governors State
12 University, certified to by the president and secretary
13 of that Board of Trustees, with the corporate seal of
14 that University attached thereto;
15 (12d) The Board of Trustees of Northeastern
16 Illinois University, certified to by the president and
17 secretary of that Board of Trustees, with the corporate
18 seal of that University attached thereto;
19 (12e) The Board of Trustees of Western Illinois
20 University, certified to by the president and secretary
21 of that Board of Trustees, with the corporate seal of
22 that University attached thereto;
23 (13) Southern Illinois University, to be certified
24 to by the President and Secretary of the Board of
25 Trustees of Southern Illinois University, with the
26 corporate seal of the University attached thereto;
27 (14) The Adjutant General, to be certified and
28 approved by the Adjutant General;
29 (15) The Illinois Legislative Investigating
30 Commission, to be certified and approved by its Chairman,
31 or when it is organized with Co-Chairmen, by either of
32 its Co-Chairmen;
33 (16) All other officers, boards, commissions and
34 agencies of the State government, certified and approved
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1 by such officer or by the president or chairman and
2 secretary or by the executive officer of such board,
3 commission or agency;
4 (17) Individuals, to be certified by such
5 individuals;
6 (18) The farmers' institute, agricultural,
7 livestock, poultry, scientific, benevolent, and other
8 private associations, or corporations of whatsoever
9 nature, to be certified and approved by the president and
10 secretary of such society.
11 Nothing contained in this Section shall be construed to
12 amend or modify the "Personnel Code".
13 This Section is subject to Section 9.02.
14 (Source: P.A. 89-4, eff. 1-1-96.)
15 Section 10-35. The Emergency Budget Act of 1992 is
16 amended by adding Section 502 as follows:
17 (30 ILCS 185/502 new)
18 Sec. 502. Repeal of Act. This Act is repealed on July
19 1, 1998.
20 Section 10-40. The Illinois Coal Technology Development
21 Assistance Act is amended by changing Section 4 as follows:
22 (30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
23 Sec. 4. Expenditures from Coal Technology Development
24 Assistance Fund.
25 (a) The contents of the Coal Technology Development
26 Assistance Fund may be expended, subject to appropriation by
27 the General Assembly, in such amounts and at such times as
28 the Department, with the approval of the Board, may deem
29 necessary or desirable for the purposes of this Act.
30 (b) The Department shall develop a written plan
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1 containing measurable 3-year and 10-year goals and objectives
2 in regard to the funding of coal research and coal
3 demonstration and commercialization projects, and programs
4 designed to preserve and enhance markets for Illinois coal.
5 In developing these goals and objectives, the Department
6 shall consider and determine the appropriate balance for the
7 achievement of near-term and long-term goals and objectives
8 and of ensuring the timely commercial application of
9 cost-effective technologies or energy and chemical production
10 processes or systems utilizing coal. The Department shall
11 develop the initial goals and objectives no later than
12 December 1, 1993, and develop revised goals and objectives no
13 later than July 1 annually thereafter.
14 (c) (Blank). In addition to any other permitted use of
15 moneys in the Fund, and notwithstanding any restriction on
16 the use of the Fund, moneys in the Coal Technology
17 Development Assistance Fund may be transferred to the General
18 Revenue Fund as authorized by this amendatory Act of 1992.
19 The General Assembly finds that an excess of moneys exists in
20 the Fund. On February 1, 1992, the Comptroller shall order
21 transferred and the Treasurer shall transfer $500,000 (or
22 such lesser amount as may be on deposit in the Fund and
23 unexpended and unobligated on that date) from the Fund to the
24 General Revenue Fund.
25 (Source: P.A. 88-391; 89-499, eff. 6-28-96.)
26 Section 10-45. The Build Illinois Act is amended by
27 changing Section 10-6 as follows:
28 (30 ILCS 750/10-6) (from Ch. 127, par. 2710-6)
29 Sec. 10-6. Large Business Attraction Fund.
30 (a) There is created the Large Business Attraction Fund
31 to be held as part of the State Treasury. The Department is
32 authorized to make loans from the Fund for the purposes
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1 established under this Article. The State Treasurer shall
2 have custody of the Fund and may invest in securities
3 constituting direct obligations of the United States
4 Government, in obligations the principal of and interest on
5 which are guaranteed by the United States Government, or in
6 certificates of deposit of any State or national bank that
7 are fully secured by obligations guaranteed as to principal
8 and interest by the United States Government. The purpose of
9 the Fund is to offer loans to finance large firms considering
10 the location of a proposed plant in the State and to provide
11 financing to carry out the purposes and provisions of
12 paragraph (h) of Section 10-3. Financing shall be in the
13 form of a loan, mortgage, or other debt instrument. All
14 loans shall be conditioned on the project receiving financing
15 from participating lenders or other sources. Loan proceeds
16 shall be available for project costs associated with an
17 expansion of business capacity and employment, except for
18 debt refinancing. Targeted companies for the program shall
19 primarily consist of established industrial and service
20 companies with proven records of earnings that will sell
21 their product to markets beyond Illinois and have proven
22 multistate location options. New ventures shall be
23 considered only if the entity is protected with adequate
24 security with regard to its financing and operation. The
25 limitations and conditions with respect to the use of this
26 Fund shall not apply in carrying out the purposes and
27 provisions of paragraph (h) of Section 10-3.
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 Large Business Attraction Fund may be
31 transferred to the General Revenue Fund as authorized by this
32 amendatory Act of 1992. The General Assembly finds that an
33 excess of moneys exists in the Fund. On February 1, 1992,
34 the Comptroller shall order transferred and the Treasurer
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1 shall transfer $1,500,000 (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) Deposits into the Fund shall include, but are not
5 limited to:
6 (1) Any appropriations, grants, or gifts made to
7 the Fund.
8 (2) Any income received from interest on
9 investments of amounts from the Fund not currently needed
10 to meet the obligations of the Fund.
11 (c) The State Comptroller and the State Treasurer shall
12 from time to time, upon the written direction of the
13 Governor, transfer from the Fund to the General Revenue Fund
14 those amounts that the Governor determines are in excess of
15 the amounts required to meet the obligations of the Fund.
16 (Source: P.A. 87-14; 87-838; 87-895.)
17 Section 10-55. The Illinois Insurance Code is amended by
18 changing Sections 408.3 and 509.1 as follows:
19 (215 ILCS 5/408.3) (from Ch. 73, par. 1020.3)
20 Sec. 408.3. Insurance Financial Regulation Fund; uses.
21 The monies deposited into the Insurance Financial Regulation
22 Fund shall be used only for (i) payment of the expenses of
23 the Department, including related administrative expenses,
24 incurred in analyzing, investigating and examining the
25 financial condition or control of insurance companies and
26 other entities licensed or seeking to be licensed by the
27 Department, including the collection, analysis and
28 distribution of information on insurance premiums, other
29 income, costs and expenses, and (ii) to pay internal costs
30 and expenses of the Interstate Insurance Receivership
31 Commission allocated to this State and authorized and
32 admitted companies doing an insurance business in this State
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1 under Article X of the Interstate Receivership Compact. All
2 distributions and payments from the Insurance Financial
3 Regulation Fund shall be subject to appropriation as
4 otherwise provided by law for payment of such expenses.
5 Sums appropriated under clause (ii) of the preceding
6 paragraph shall be deemed to satisfy, pro tanto, the
7 obligations of insurers doing business in this State under
8 Article X of the Interstate Insurance Receivership Compact.
9 Nothing in this Code shall prohibit the General Assembly
10 from appropriating funds from the General Revenue Fund to the
11 Department for the purpose of administering this Code.
12 No fees collected pursuant to Section 408 of this Code
13 shall be used for the regulation of pension funds or
14 activities by the Department in the performance of its duties
15 under Article 22 of the Illinois Pension Code.
16 If at the end of a fiscal year the balance in the
17 Insurance Financial Regulation Fund which remains unexpended
18 or unobligated exceeds the amount of funds that the Director
19 may certify is needed for the purposes enumerated in this
20 Section, then the General Assembly may appropriate that
21 excess amount for purposes other than those enumerated in
22 this Section.
23 In addition to any other permitted use of moneys in the
24 Fund, and notwithstanding any restriction on the use of the
25 Fund, moneys in the Insurance Financial Regulation Fund may
26 be transferred to the General Revenue Fund as authorized by
27 this amendatory Act of 1992. The General Assembly finds that
28 an excess of moneys exists in the Fund. On February 1, 1992,
29 the Comptroller shall order transferred and the Treasurer
30 shall transfer $150,000 (or such lesser amount as may be on
31 deposit in the Fund and unexpended and unobligated on that
32 date) from the Fund to the General Revenue Fund.
33 (Source: P.A. 89-247, eff. 1-1-96.)
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1 (215 ILCS 5/509.1) (from Ch. 73, par. 1065.56-1)
2 Sec. 509.1. Fees.
3 (a) The fees required by this Article are as follows:
4 (1) An annual fee of $75 for an insurance producer
5 license;
6 (2) A fee of $25 for the issuance of a temporary
7 insurance producer license;
8 (3) An annual registration fee of $25 for a
9 business firm to register;
10 (4) An annual $25 fee for a limited insurance
11 representative license;
12 (5) A $25 application fee for the processing of
13 each request to take the written examination for an
14 insurance producer license;
15 (6) An annual registration fee of $500 for an
16 education provider to register;
17 (7) A certification fee of $25 for each certified
18 prelicensing or continuing education course and an annual
19 fee of $10 for renewing the certification of each such
20 course; and
21 (8) A license reinstatement fee of $50 for
22 reinstating a license which lapsed because the annual fee
23 was not received by the due date.
24 (9) A registration fee of $15 for reinstating a
25 firm registration that lapsed because the annual fee was
26 not received by the due date.
27 (b) Except as otherwise provided, all fees paid to and
28 collected by the Director under this Section shall be paid
29 promptly after receipt thereof, together with a detailed
30 statement of such fees, into a special fund in the State
31 Treasury to be known as the Insurance Producer Administration
32 Fund. The monies deposited into the Insurance Producer
33 Administrative Fund shall be used only for payment of the
34 expenses of the Department in the execution, administration
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1 and enforcement of the insurance laws of this State, and
2 shall be appropriated as otherwise provided by law for the
3 payment of such expenses with first priority being any
4 expenses incident to or associated with the administration
5 and enforcement of this Article.
6 In addition to any other permitted use of moneys in the
7 Fund, and notwithstanding any restriction on the use of the
8 Fund, moneys in the Insurance Producer Administration Fund
9 may be transferred to the General Revenue Fund as authorized
10 by this amendatory Act of 1992. The General Assembly finds
11 that an excess of moneys exists in the Fund. On February 1,
12 1992, the Comptroller shall order transferred and the
13 Treasurer shall transfer $1,500,000 (or such lesser amount as
14 may be on deposit in the Fund and unexpended and unobligated
15 on that date) from the Fund to the General Revenue Fund.
16 (Source: P.A. 89-152, eff. 1-1-97.)
17 Section 10-70. The Illinois Nursing Act of 1987 is
18 amended by changing Section 24 as follows:
19 (225 ILCS 65/24) (from Ch. 111, par. 3524)
20 Sec. 24. There is hereby created within the State
21 Treasury the Nursing Dedicated and Professional Fund. The
22 monies in the Fund shall be used by and at the direction of
23 the Department for the administration and enforcement of this
24 Act, including but not limited to:
25 (a) Distribution and publication of "The Illinois
26 Nursing Act" and the rules and regulations at the time of
27 renewal to all Registered Professional Nurses and
28 Licensed Practical Nurses licensed by the Department;
29 (b) Employment of secretarial, nursing,
30 administrative, enforcement and research assistance for
31 the administration of this Act. After January 1, 1991,
32 the Director shall employ, in conformity with the
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1 Personnel Code, one full-time investigator for every
2 10,000 nurses licensed to practice in the State;
3 (c) Surveying, every license renewal period, the
4 nurse population of Illinois, its employment, earnings,
5 distribution, education and other professional and
6 demographic characteristics, and for the publication and
7 distribution of the survey; and
8 (d) Conducting of training seminars for licensees
9 under this Act relating to the obligations,
10 responsibilities, enforcement and other provisions of the
11 Act and the regulations thereunder.
12 (e) Disposition of Fees:
13 (i) Until January 1, 1991, 50% of the fees
14 collected pursuant to this Act shall be deposited in
15 the Nursing Dedicated and Professional Fund and 50%
16 shall be deposited in the General Revenue Fund.
17 (ii) On or after January 1, 1991, all of the
18 fees collected pursuant to this Act shall be
19 deposited in the Nursing Dedicated and Professional
20 Fund.
21 For the fiscal year beginning July 1, 1988, the monies
22 deposited in the Nursing Dedicated and Professional Fund
23 shall be appropriated to the Department for expenses of the
24 Department and the Committee in the administration of this
25 Act. All earnings received from investment of monies in the
26 Nursing Dedicated and Professional Fund shall be deposited in
27 the Nursing Dedicated and Professional Fund and shall be used
28 for the same purposes as fees deposited in the Fund.
29 For the fiscal year beginning July 1, 1991 and for each
30 fiscal year thereafter, either 10% of the monies deposited in
31 the Nursing Dedicated and Professional Fund each year, not
32 including interest accumulated on such monies, or any monies
33 deposited in the Fund in each year which are in excess of the
34 amount appropriated in that year to meet ordinary and
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1 contingent expenses of the Committee, whichever is less,
2 shall be set aside and appropriated to the Illinois
3 Department of Public Health for nursing scholarships awarded
4 pursuant to the Nursing Education Scholarship Law.
5 Moneys in the Fund may be transferred to the Professions
6 Indirect Cost Fund as authorized under Section 61e of the
7 Civil Administrative Code of Illinois.
8 In addition to any other permitted use of moneys in the
9 Fund, and notwithstanding any restriction on the use of the
10 Fund, moneys in the Nursing Dedicated and Professional Fund
11 may be transferred to the General Revenue Fund as authorized
12 by this amendatory Act of 1992. The General Assembly finds
13 that an excess of moneys exists in the Fund. On February 1,
14 1992, the Comptroller shall order transferred and the
15 Treasurer shall transfer $200,000 (or such lesser amount as
16 may be on deposit in the Fund and unexpended and unobligated
17 on that date) from the Fund to the General Revenue Fund.
18 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
19 89-626, eff. 8-9-96.)
20 Section 10-80. The Pharmacy Practice Act of 1987 is
21 amended by changing Section 27 as follows:
22 (225 ILCS 85/27) (from Ch. 111, par. 4147)
23 Sec. 27. Fees. The following fees are not refundable.
24 (A) Certificate of pharmacy technician.
25 (1) The fee for application for a certificate of
26 registration as a pharmacy technician is $40.
27 (2) The fee for the renewal of a certificate of
28 registration as a pharmacy technician shall be calculated
29 at the rate of $25 per year.
30 (B) License as a pharmacist.
31 (1) The fee for application for a license is $75.
32 (2) In addition, applicants for any examination as
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1 a registered pharmacist shall be required to pay, either
2 to the Department or to the designated testing service, a
3 fee covering the cost of determining an applicant's
4 eligibility and providing the examination. Failure to
5 appear for the examination on the scheduled date, at the
6 time and place specified, after the applicant's
7 application for examination has been received and
8 acknowledged by the Department or the designated testing
9 service, shall result in the forfeiture of the
10 examination fee.
11 (3) The fee for a license as a registered
12 pharmacist registered or licensed under the laws of
13 another state or territory of the United States is $200.
14 (4) The fee upon the renewal of a license shall be
15 calculated at the rate of $75 per year.
16 (5) The fee for the restoration of a certificate
17 other than from inactive status is $10 plus all lapsed
18 renewal fees.
19 (6) Applicants for the preliminary diagnostic
20 examination shall be required to pay, either to the
21 Department or to the designated testing service, a fee
22 covering the cost of determining an applicant's
23 eligibility and providing the examination. Failure to
24 appear for the examination on the scheduled date, at the
25 time and place specified, after the application for
26 examination has been received and acknowledged by the
27 Department or the designated testing service, shall
28 result in the forfeiture of the examination fee.
29 (7) The fee to have the scoring of an examination
30 authorized by the Department reviewed and verified is $20
31 plus any fee charged by the applicable testing service.
32 (C) License as a pharmacy.
33 (1) The fee for application for a license for a
34 pharmacy under this Act is $100.
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1 (2) The fee for the renewal of a license for a
2 pharmacy under this Act shall be calculated at the rate
3 of $100 per year.
4 (3) The fee for the change of a
5 pharmacist-in-charge is $25.
6 (D) General Fees.
7 (1) The fee for the issuance of a duplicate
8 license, for the issuance of a replacement license for a
9 license that has been lost or destroyed or for the
10 issuance of a license with a change of name or address
11 other than during the renewal period is $20. No fee is
12 required for name and address changes on Department
13 records when no duplicate certification is issued.
14 (2) The fee for a certification of a registrant's
15 record for any purpose is $20.
16 (3) The fee to have the scoring of an examination
17 administered by the Department reviewed and verified is
18 $20.
19 (4) The fee for a wall certificate showing
20 licensure or registration shall be the actual cost of
21 producing the certificate.
22 (5) The fee for a roster of persons registered as
23 pharmacists or registered pharmacies in this State shall
24 be the actual cost of producing the roster.
25 (6) The fee for pharmacy licensing, disciplinary or
26 investigative records obtained pursuant to a subpoena is
27 $1 per page.
28 (E) Except as provided in subsection (F), all moneys
29 received by the Department under this Act shall be deposited
30 in the Illinois State Pharmacy Disciplinary Fund hereby
31 created in the State Treasury and shall be used only for the
32 following purposes: (a) by the State Board of Pharmacy in the
33 exercise of its powers and performance of its duties, as such
34 use is made by the Department upon the recommendations of the
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1 State Board of Pharmacy, (b) for costs directly related to
2 license renewal of persons licensed under this Act, and (c)
3 for direct and allocable indirect costs related to the public
4 purposes of the Department of Professional Regulation.
5 Moneys in the Fund may be transferred to the Professions
6 Indirect Cost Fund as authorized under Section 61e of the
7 Civil Administrative Code of Illinois.
8 The moneys deposited in the Illinois State Pharmacy
9 Disciplinary Fund shall be invested to earn interest which
10 shall accrue to the Fund. The Department shall present to the
11 Board for its review and comment all appropriation requests
12 from the Illinois State Pharmacy Disciplinary Fund. The
13 Department shall give due consideration to any comments of
14 the Board in making appropriation requests.
15 (F) From the money received for license renewal fees, $5
16 from each pharmacist fee, and $2.50 from each pharmacy
17 technician fee, shall be set aside within the Illinois State
18 Pharmacy Disciplinary Fund for the purpose of supporting a
19 substance abuse program for pharmacists and pharmacy
20 technicians. The State Board of Pharmacy shall determine how
21 and to whom the money set aside under this subsection is
22 disbursed.
23 (G) (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 Illinois State Pharmacy
26 Disciplinary Fund may be transferred to the General Revenue
27 Fund as authorized by this amendatory Act of 1992. The
28 General Assembly finds that an excess of moneys exists in the
29 Fund. On February 1, 1992, the Comptroller shall order
30 transferred and the Treasurer shall transfer $200,000 (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. 89-202, eff. 7-21-95; 89-204, eff. 1-1-96;
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1 89-626, eff. 8-9-96.)
2 Section 10-85. The Podiatric Medical Practice Act of
3 1987 is amended by changing Section 19 as follows:
4 (225 ILCS 100/19) (from Ch. 111, par. 4819)
5 Sec. 19. Disciplinary fund. All fees and fines received
6 by the Department under this Act shall be deposited in the
7 Illinois State Podiatric Disciplinary Fund, a special fund
8 created hereunder in the State Treasury. Of the moneys
9 deposited into the Illinois State Podiatric Disciplinary
10 Fund, 15% of the money received from the payment of renewal
11 fees shall be used for podiatric scholarships and residency
12 programs under the Podiatric Scholarship and Residency Act
13 and the remainder shall be appropriated to the Department for
14 expenses of the Department and of the Podiatric Medical
15 Licensing Board and for podiatric scholarships and residency
16 programs under the Podiatric Scholarship and Residency Act.
17 Moneys in the Illinois State Podiatric Disciplinary Fund
18 may be invested and reinvested in investments authorized for
19 the investment of funds of the State Employees' Retirement
20 System of Illinois.
21 All earnings received from such investments shall be
22 deposited in the Illinois State Podiatric Disciplinary Fund
23 and may be used for the same purposes as fees deposited in
24 such fund.
25 Moneys in the Fund may be transferred to the Professions
26 Indirect Cost Fund as authorized under Section 61e of the
27 Civil Administrative Code of Illinois.
28 Upon the completion of any audit of the Department as
29 prescribed by the Illinois State Auditing Act which includes
30 an audit of the Illinois State Podiatric Disciplinary Fund,
31 the Department shall make the audit open to inspection by any
32 interested person.
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1 In addition to any other permitted use of moneys in the
2 Fund, and notwithstanding any restriction on the use of the
3 Fund, moneys in the Illinois State Podiatric Disciplinary
4 Fund may be transferred to the General Revenue Fund as
5 authorized by this amendatory Act of 1992. The General
6 Assembly finds that an excess of moneys exists in the Fund.
7 On February 1, 1992, the Comptroller shall order transferred
8 and the Treasurer shall transfer $400,000 (or such lesser
9 amount as may be on deposit in the Fund and unexpended and
10 unobligated on that date) from the Fund to the General
11 Revenue Fund.
12 (Source: P.A. 89-204, eff. 1-1-96.)
13 Section 10-95. The Real Estate License Act of 1983 is
14 amended by changing Sections 16 and 17 as follows:
15 (225 ILCS 455/16) (from Ch. 111, par. 5816)
16 Sec. 16. A special fund to be known as the Real Estate
17 Research and Education Fund is created in the State Treasury.
18 All money deposited in such special fund shall be used only
19 for the ordinary and contingent expenses of operation of the
20 Office of Real Estate Research or its successor, by whatever
21 name designated, at the University of Illinois.
22 In addition to any other permitted use of moneys in the
23 Fund, and notwithstanding any restriction on the use of the
24 Fund, moneys in the Real Estate Research and Education Fund
25 may be transferred to the General Revenue Fund as authorized
26 by this amendatory Act of 1992. The General Assembly finds
27 that an excess of moneys exists in the Fund. On February 1,
28 1992, the Comptroller shall order transferred and the
29 Treasurer shall transfer $140,000 (or such lesser amount as
30 may be on deposit in the Fund and unexpended and unobligated
31 on that date) from the Fund to the General Revenue Fund.
32 Out of each $5 fee deposited in the Real Estate Research
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1 and Education Fund pursuant to Section 15 or Section 36.6, $1
2 shall be used to fund a scholarship program for persons of
3 minority racial origin who wish to pursue a course of study
4 in the field of real estate. For the purposes of this
5 Section, "course of study" shall mean a course or courses
6 that are part of a program of courses in the field of real
7 estate designed to further an individual's knowledge or
8 expertise in the field of real estate. These courses shall
9 include, but are not limited to, courses that a salesperson
10 licensed under this Act must complete to qualify for a real
11 estate broker's license, courses required to obtain the
12 Graduate Realtors Institute designation, and any other
13 courses or programs offered by accredited colleges,
14 universities, or other institutions of higher education in
15 Illinois. The scholarship program shall be administered by
16 the Office of Real Estate Research.
17 Moneys in the Real Estate Research and Education Fund may
18 be invested and reinvested in the same manner as funds in the
19 Real Estate Recovery Fund. All earnings received from such
20 investment shall be deposited in the Real Estate Research and
21 Education Fund and may be used for the same purposes as fees
22 deposited in such fund.
23 (Source: P.A. 86-925; 87-795; 87-838.)
24 (225 ILCS 455/17) (from Ch. 111, par. 5817)
25 Sec. 17. All fees received by the Office of Banks and
26 Real Estate under Article 1 and Article 3 of this Act, other
27 than fees which this Act directs to be deposited in the Real
28 Estate Recovery Fund, in the Real Estate Research and
29 Education Fund, or in the Department of Central Management
30 Services Printing Revolving Fund, shall be deposited in a
31 special fund in the State Treasury to be known as the Real
32 Estate License Administration Fund. The moneys deposited in
33 the Real Estate License Administration Fund shall be
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1 appropriated to the Office of Banks and Real Estate for
2 expenses of the Office of Banks and Real Estate and the Board
3 in the administration of this Act and for the administration
4 of any Act administered by the Office of Banks and Real
5 Estate providing revenue to this Fund.
6 In addition to any other permitted use of moneys in the
7 Fund, and notwithstanding any restriction on the use of the
8 Fund, moneys in the Real Estate License Administration Fund
9 may be transferred to the General Revenue Fund as authorized
10 by this amendatory Act of 1992. The General Assembly finds
11 that an excess of moneys exists in the Fund. On February 1,
12 1992, the Comptroller shall order transferred and the
13 Treasurer shall transfer $1,500,000 (or such lesser amount as
14 may be on deposit in the Fund and unexpended and unobligated
15 on that date) from the Fund to the General Revenue Fund.
16 The Commissioner shall employ, in conformity with the
17 Personnel Code, one full time Chief of Real Estate
18 Investigations; and the Commissioner shall also employ, in
19 conformity with the Personnel Code, or contract for, not less
20 than one full time investigator and one full time auditor for
21 every 15,000 licensees registered under this Act.
22 The Chief of Real Estate Investigations shall be a
23 college graduate from an accredited 4 year college or
24 university with 3 years' responsible administrative
25 experience and a minimum of 3 years' responsible
26 investigatory experience in law enforcement or a related
27 field.
28 Moneys in the Real Estate License Administration Fund may
29 be invested and reinvested in the same manner as funds in the
30 Real Estate Recovery Fund. All earnings received from such
31 investment shall be deposited in the Real Estate License
32 Administration Fund and may be used for the same purposes as
33 fees deposited in such fund.
34 Upon the completion of any audit of the Office of Banks
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1 and Real Estate, as prescribed by the Illinois State Auditing
2 Act, which includes an audit of the Real Estate License
3 Administration Fund, the Office of Banks and Real Estate
4 shall make the audit open to inspection by any interested
5 person.
6 (Source: P.A. 89-23, eff. 7-1-95; 89-204, eff. 1-1-96;
7 89-508, eff. 7-3-96; 89-626, eff. 8-9-96.)
8 Section 10-100. The Charitable Games Act is amended by
9 changing Section 14 as follows:
10 (230 ILCS 30/14) (from Ch. 120, par. 1134)
11 Sec. 14. (a) There is hereby created the Illinois Gaming
12 Law Enforcement Fund, a special fund in the State Treasury.
13 (b) The General Assembly shall appropriate two-thirds of
14 the monies in such fund to the Department of Revenue,
15 Department of State Police and the Office of the Attorney
16 General for State law enforcement purposes. The remaining
17 one-third of the monies in such fund shall be appropriated to
18 the Department of Revenue for the purpose of distribution in
19 the form of grants to counties or municipalities for law
20 enforcement purposes.
21 The amount of a grant to counties or municipalities shall
22 bear the same ratio to the total amount of grants made as the
23 number of licenses issued in counties or municipalities bears
24 to the total number of licenses issued in the State. In
25 computing the number of licenses issued in a county, licenses
26 issued for locations within a municipality's boundaries shall
27 be excluded.
28 (c) (Blank). In addition to any other permitted use of
29 moneys in the Fund, and notwithstanding any restriction on
30 the use of the Fund, moneys in the Illinois Gaming Law
31 Enforcement Fund may be transferred to the General Revenue
32 Fund as authorized by this amendatory Act of 1992. The
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1 General Assembly finds that an excess of moneys exists in the
2 Fund. On February 1, 1992, the Comptroller shall order
3 transferred and the Treasurer shall transfer $500,000 (or
4 such lesser amount as may be on deposit in the Fund and
5 unexpended and unobligated on that date) from the Fund to the
6 General Revenue Fund.
7 (Source: P.A. 87-838.)
8 Section 10-105. The Illinois Public Aid Code is amended
9 by changing Sections 5-4.21, 5-4.31, 5-12, 6-2, 6-6, and 14-2
10 as follows:
11 (305 ILCS 5/5-4.21) (from Ch. 23, par. 5-4.21)
12 Sec. 5-4.21. Medicaid Provider Participation Fee Trust
13 Fund for Persons With a Developmental Disability.
14 (a) There is created in the State Treasury the Medicaid
15 Provider Participation Fee Trust Fund for Persons With a
16 Developmental Disability. Interest earned by the Fund shall
17 be credited to the Fund. The monies in the Fund shall be
18 matched with federal Medicaid program dollars in accordance
19 with the provisions of this Section and shall be exempt from
20 any State budget reduction Acts. The Fund shall not be used
21 to replace any funds appropriated to the Medicaid program by
22 the General Assembly.
23 (b) The Fund is created for the purpose of receiving and
24 disbursing monies in accordance with Sections 5-4.20 through
25 5-4.29 of this Code. Disbursements from the Fund shall be
26 made only:
27 (1) for payments to intermediate care facilities
28 for persons with a developmental disability under Title
29 XIX of the Social Security Act and Article V of this
30 Code;
31 (2) for the reimbursement of monies collected by
32 the Illinois Department through error or mistake;
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1 (3) for payment of administrative expenses incurred
2 by the Illinois Department or its agent in performing the
3 activities authorized by Sections 5-4.20 through 5-4.29
4 of this Code;
5 (4) for maintaining contingency reserves of no more
6 than 3% of the total monies collected in any one year;
7 (5) for payments of any amounts which are
8 reimbursable to the federal government for payments from
9 this Fund which are required to be paid by State warrant;
10 and
11 (6) (Blank). for making transfers to the General
12 Obligation Bond Retirement and Interest Fund before
13 October 1, 1992, as those transfers are authorized in the
14 proceedings authorizing debt under the Short Term
15 Borrowing Act, but transfers made under this paragraph
16 (6) shall not exceed the principal amount of debt issued
17 in anticipation of the receipt by the State of moneys to
18 be deposited into the Fund.
19 Disbursements from this Fund, other than transfers to the
20 General Obligation Bond Retirement and Interest Fund, shall
21 be by warrants drawn by the State Comptroller upon receipt of
22 vouchers duly executed and certified by the Illinois
23 Department.
24 (c) The Fund shall consist of:
25 (1) all monies collected or received by the
26 Illinois Department under Section 5-4.22 of this Code;
27 (2) all federal matching funds received by the
28 Illinois Department as a result of expenditures made by
29 the Illinois Department as required by Section 5-4.27 of
30 this Code, that are attributable to monies deposited in
31 the Fund;
32 (3) any interest or penalty levied in conjunction
33 with the administration of the Fund; and
34 (4) all other monies received for the Fund from any
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1 other source, including interest earned thereon.
2 (d) All payments received by the Illinois Department
3 shall be credited first to any interest or penalty, and then
4 to the fee due.
5 (Source: P.A. 88-380; 89-626, eff. 8-9-96.)
6 (305 ILCS 5/5-4.31) (from Ch. 23, par. 5-4.31)
7 Sec. 5-4.31. Medicaid Long Term Care Provider
8 Participation Fee Trust Fund.
9 (a) There is created in the State Treasury the Medicaid
10 Long Term Care Provider Participation Fee Trust Fund.
11 Interest earned by the Fund shall be credited to the Fund.
12 The monies in the Fund shall be matched with federal Medicaid
13 program dollars in accordance with the provisions of this
14 Section and shall be exempt from any State budget reduction
15 Acts. The Fund shall not be used to replace any funds
16 appropriated to the Medicaid program by the General Assembly.
17 (b) The Fund is created for the purpose of receiving and
18 disbursing monies in accordance with Sections 5-4.30 through
19 5-4.39 of this Code. Disbursements from the Fund shall be
20 made only:
21 (1) for payments to skilled or intermediate nursing
22 facilities, including county nursing facilities,
23 excluding state-operated facilities, under Title XIX of
24 the Social Security Act and Article V of this Code;
25 (2) for the reimbursement of monies collected by
26 the Illinois Department through error or mistake;
27 (3) for payment of administrative expenses incurred
28 by the Illinois Department or its agent in performing the
29 activities authorized by Sections 5-4.30 through 5-4.39
30 of this Code;
31 (4) for maintaining contingency reserves of no more
32 than 3% of the total monies collected in any one year;
33 (5) for payments of any amounts which are
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1 reimbursable to the federal government for payments from
2 this Fund which are required to be paid by State warrant;
3 and
4 (6) (Blank). for making transfers to the General
5 Obligation Bond Retirement and Interest Fund before
6 October 1, 1992, as those transfers are authorized in the
7 proceedings authorizing debt under the Short Term
8 Borrowing Act, but transfers made under this paragraph
9 (6) shall not exceed the principal amount of debt issued
10 in anticipation of the receipt by the State of moneys to
11 be deposited into the Fund.
12 Disbursements from this Fund, other than transfers to the
13 General Obligation Bond Retirement and Interest Fund, shall
14 be by warrants drawn by the State Comptroller upon receipt of
15 vouchers duly executed and certified by the Illinois
16 Department.
17 (c) The Fund shall consist of:
18 (1) all monies collected or received by the
19 Illinois Department under Section 5-4.32 of this Code;
20 (2) all federal matching funds received by the
21 Illinois Department as a result of expenditures made by
22 the Illinois Department as required by Section 5-4.37 of
23 this Code, that are attributable to monies deposited in
24 the Fund;
25 (3) any interest or penalty levied in conjunction
26 with the administration of the Fund; and
27 (4) all other monies received for the Fund from any
28 other source, including interest earned thereon.
29 (d) All payments received by the Illinois Department
30 shall be credited first to any interest or penalty, and then
31 to the fee due.
32 (Source: P.A. 89-626, eff. 8-9-96.)
33 (305 ILCS 5/5-12) (from Ch. 23, par. 5-12)
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1 (Text of Section before amendment by P.A. 89-507)
2 Sec. 5-12. Funeral and burial. Upon the death of a
3 recipient who qualified under class 2, 3 or 4 of Section 5-2,
4 if his estate is insufficient to pay his funeral and burial
5 expenses and if no other resources, including assistance from
6 legally responsible relatives, are available for such
7 purposes, there shall be paid, in accordance with the
8 standards, rules and regulations of the Illinois Department,
9 such reasonable amounts as may be necessary to meet costs of
10 the funeral, burial space, and cemetery charges, or to
11 reimburse any person not financially responsible for the
12 deceased who have voluntarily made expenditures for such
13 costs.
14 Notwithstanding any other provision of this Code to the
15 contrary, the Illinois Department is authorized to reduce or
16 eliminate payments under this Section as necessary to
17 implement contingency reserves under the Emergency Budget Act
18 of Fiscal Year 1992, to the extent permitted by federal law.
19 Any such reduction or elimination shall expire on July 1,
20 1992.
21 (Source: P.A. 87-838.)
22 (Text of Section after amendment by P.A. 89-507)
23 Sec. 5-12. Funeral and burial. Upon the death of a
24 recipient who qualified under class 2, 3 or 4 of Section 5-2,
25 if his estate is insufficient to pay his funeral and burial
26 expenses and if no other resources, including assistance from
27 legally responsible relatives, are available for such
28 purposes, there shall be paid, in accordance with the
29 standards, rules and regulations of the Illinois Department
30 of Human Services, such reasonable amounts as may be
31 necessary to meet costs of the funeral, burial space, and
32 cemetery charges, or to reimburse any person not financially
33 responsible for the deceased who have voluntarily made
34 expenditures for such costs.
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1 Notwithstanding any other provision of this Code to the
2 contrary, the Illinois Department is authorized to reduce or
3 eliminate payments under this Section as necessary to
4 implement contingency reserves under the Emergency Budget Act
5 of Fiscal Year 1992, to the extent permitted by federal law.
6 Any such reduction or elimination shall expire on July 1,
7 1992.
8 (Source: P.A. 89-507, eff. 7-1-97.)
9 (305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
10 Sec. 6-2. Amount of aid. The amount and nature of
11 General Assistance for basic maintenance requirements shall
12 be determined in accordance with local budget standards for
13 local governmental units which do not receive State funds.
14 For local governmental units which do receive State funds,
15 the amount and nature of General Assistance for basic
16 maintenance requirements shall be determined in accordance
17 with the standards, rules and regulations of the Illinois
18 Department. Beginning July 1, 1992, the supplementary grants
19 previously paid under this Section shall no longer be paid.
20 However, the amount and nature of any financial aid is not
21 affected by the payment of any grant under the Senior
22 Citizens and Disabled Persons Property Tax Relief and
23 Pharmaceutical Assistance Act. Due regard shall be given to
24 the requirements and the conditions existing in each case,
25 and to the income, money contributions and other support and
26 resources available, from whatever source. In local
27 governmental units which do not receive State funds, the
28 grant shall be sufficient when added to all other income,
29 money contributions and support in excess of any excluded
30 income or resources, to provide the person with a grant in
31 the amount established for such a person by the local
32 governmental unit based upon standards meeting basic
33 maintenance requirements. In local governmental units which
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1 do receive State funds, the grant shall be sufficient when
2 added to all other income, money contributions and support in
3 excess of any excluded income or resources, to provide the
4 person with a grant in the amount established for such a
5 person by Department regulation based upon standards
6 providing a livelihood compatible with health and well-being,
7 as directed by Section 12-4.11 of this Code.
8 The Illinois Department may conduct special projects,
9 which may be known as Grant Diversion Projects, under which
10 recipients of financial aid under this Article are placed in
11 jobs and their grants are diverted to the employer who in
12 turn makes payments to the recipients in the form of salary
13 or other employment benefits. The Illinois Department shall
14 by rule specify the terms and conditions of such Grant
15 Diversion Projects. Such projects shall take into
16 consideration and be coordinated with the programs
17 administered under the Illinois Emergency Employment
18 Development Act.
19 The allowances provided under Article IX for recipients
20 participating in the training and rehabilitation programs
21 shall be in addition to such maximum payment.
22 Payments may also be made to provide persons receiving
23 basic maintenance support with necessary treatment, care and
24 supplies required because of illness or disability or with
25 acute medical treatment, care, and supplies. Payments for
26 necessary or acute medical care under this paragraph may be
27 made to or in behalf of the person. Obligations incurred for
28 such services but not paid for at the time of a recipient's
29 death may be paid, subject to the rules and regulations of
30 the Illinois Department, after the death of the recipient.
31 Notwithstanding any other provision of this Code to the
32 contrary, the Illinois Department is authorized to reduce or
33 eliminate payments under this Section as necessary to
34 implement contingency reserves under the Emergency Budget Act
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1 of Fiscal Year 1992, to the extent permitted by federal law.
2 Any such reduction or elimination shall expire on July 1,
3 1992.
4 (Source: P.A. 89-646, eff. 1-1-97.)
5 (305 ILCS 5/6-6) (from Ch. 23, par. 6-6)
6 Sec. 6-6. Funeral and Burial.
7 If the estate of a deceased recipient is insufficient to
8 pay for funeral and burial expenses and if no other resources
9 including assistance from legally responsible relatives or
10 the United States Veterans Administration, are available for
11 such purposes, there shall be paid, in accordance with the
12 standards, rules and regulations of the Illinois Department,
13 such amounts as may be necessary to meet costs of the
14 funeral, burial space, and cemetery charges, or to reimburse
15 any person not financially responsible for the deceased who
16 has voluntarily made expenditures for such costs.
17 Notwithstanding any other provision of this Code to the
18 contrary, the Illinois Department is authorized to reduce or
19 eliminate payments under this Section as necessary to
20 implement contingency reserves under the Emergency Budget Act
21 of Fiscal Year 1992, to the extent permitted by federal law.
22 Any such reduction or elimination shall expire on July 1,
23 1992.
24 (Source: P.A. 87-838.)
25 (305 ILCS 5/14-2) (from Ch. 23, par. 14-2)
26 Sec. 14-2. Hospital Services Trust Fund.
27 (a) There is created in the State treasury the Hospital
28 Services Trust Fund. Interest earned by the Fund shall be
29 credited to the Fund. The Fund shall not be used to replace
30 any funds appropriated to the Medicaid program by the General
31 Assembly.
32 (b) The Fund is created for the purpose of receiving and
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1 disbursing monies in accordance with this Article XIV.
2 Disbursements from the Fund shall be made only:
3 (1) for hospital inpatient, hospital ambulatory
4 care, and disproportionate share hospital distributive
5 expenditures made under Title XIX of the Social Security
6 Act and Article V of this Code, as required by Section
7 14-8 of this Code;
8 (2) for the reimbursement of monies collected by
9 the Illinois Department from hospitals through error or
10 mistake;
11 (3) for payment of administrative expenses incurred
12 by the Illinois Department or its agent in performing the
13 activities authorized by Sections 14-3 through 14-7;
14 (4) for payments of any amounts which are
15 reimbursable to the federal government for payments from
16 this Fund which are required to be paid by State warrant;
17 and
18 (5) (Blank). for making transfers to the General
19 Obligation Bond Retirement and Interest Fund before
20 October 1, 1992, as those transfers are authorized in the
21 proceedings authorizing debt under the Short Term
22 Borrowing Act, but transfers made under this paragraph
23 (5) shall not exceed the principal amount of debt issued
24 in anticipation of the receipt by the State of moneys to
25 be deposited into the Fund.
26 Disbursements from this Fund, other than transfers to the
27 General Obligation Bond Retirement and Interest Fund, shall
28 be by warrants drawn by the State Comptroller upon receipt of
29 vouchers duly executed and certified by the Illinois
30 Department.
31 (c) The Fund shall consist of:
32 (1) All monies collected or received by the
33 Illinois Department under Section 14-3 of this Code;
34 (2) All federal matching funds received by the
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1 Illinois Department as a result of expenditures made by
2 the Illinois Department as required by Section 14-8 of
3 this Code, that are attributable to monies deposited in
4 the Fund;
5 (3) Any interest or penalty levied in conjunction
6 with the administration of the Fund; and
7 (4) All other monies received for the Fund from any
8 other source, including interest earned thereon.
9 (d) All payments received by the Illinois Department
10 shall be credited first to any interest or penalty, and then
11 to the fee due.
12 (Source: P.A. 89-626, eff. 8-9-96.)
13 Section 10-110. The Senior Citizens and Disabled Persons
14 Property Tax Relief and Pharmaceutical Assistance Act is
15 amended by changing Section 7.1 as follows:
16 (320 ILCS 25/7.1) (from Ch. 67 1/2, par. 407.1)
17 Sec. 7.1. Notwithstanding any other provision of this
18 Act to the contrary, the Department is authorized to limit
19 assistance and to reduce payment rates and grant amounts as
20 necessary to implement contingency reserves under the
21 Emergency Budget Act of Fiscal Year 1992, to the extent
22 permitted by federal law. Any such reduction or limitation
23 shall expire on July 1, 1992.
24 This Section is repealed on July 1, 1998.
25 (Source: P.A. 87-838.)
26 Section 10-115. The Environmental Protection Act is
27 amended by changing Section 22.8 as follows:
28 (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
29 Sec. 22.8. Environmental Protection Permit and
30 Inspection Fund.
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1 (a) There is hereby created in the State Treasury a
2 special fund to be known as the Environmental Protection
3 Permit and Inspection Fund. All fees collected by the Agency
4 pursuant to this Section, Section 9.6, 12.2, 16.1, 22.2
5 (j)(6)(E)(v)(IV), 56.4, 56.5, 56.6, and subsection (f) of
6 Section 5 of this Act or pursuant to Section 22 of the Public
7 Water Supply Operations Act and funds collected under
8 subsection (b.5) of Section 42 of this Act shall be deposited
9 into the Fund. In addition to any monies appropriated from
10 the General Revenue Fund, monies in the Fund shall be
11 appropriated by the General Assembly to the Agency in amounts
12 deemed necessary for manifest, permit, and inspection
13 activities and for processing requests under Section 22.2
14 (j)(6)(E)(v)(IV).
15 The General Assembly may appropriate monies in the Fund
16 deemed necessary for Board regulatory and adjudicatory
17 proceedings.
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 Environmental Protection Permit and
21 Inspection Fund may be transferred to the General Revenue
22 Fund as authorized by this amendatory Act of 1992. The
23 General Assembly finds that an excess of moneys exists in the
24 Fund. On February 1, 1992, the Comptroller shall order
25 transferred and the Treasurer shall transfer $1,000,000 (or
26 such lesser amount as may be on deposit in the Fund and
27 unexpended and unobligated on that date) from the Fund to the
28 General Revenue Fund.
29 (b) On and after January 1, 1989, the Agency shall
30 collect from the owner or operator of any of the following
31 types of hazardous waste disposal sites or management
32 facilities which require a RCRA permit under subsection (f)
33 of Section 21 of this Act, or a UIC permit under subsection
34 (g) of Section 12 of this Act, an annual fee in the amount
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1 of:
2 (1) $35,000 for a hazardous waste disposal site
3 receiving hazardous waste if the hazardous waste disposal
4 site is located off the site where such waste was
5 produced;
6 (2) $9,000 for a hazardous waste disposal site
7 receiving hazardous waste if the hazardous waste disposal
8 site is located on the site where such waste was
9 produced;
10 (3) $7,000 for a hazardous waste disposal site
11 receiving hazardous waste if the hazardous waste disposal
12 site is an underground injection well;
13 (4) $2,000 for a hazardous waste management
14 facility treating hazardous waste by incineration;
15 (5) $1,000 for a hazardous waste management
16 facility treating hazardous waste by a method, technique
17 or process other than incineration;
18 (6) $1,000 for a hazardous waste management
19 facility storing hazardous waste in a surface impoundment
20 or pile; or
21 (7) $250 for a hazardous waste management facility
22 storing hazardous waste other than in a surface
23 impoundment or pile.
24 (c) Where two or more operational units are located
25 within a single hazardous waste disposal site, the Agency
26 shall collect from the owner or operator of such site an
27 annual fee equal to the highest fee imposed by subsection (b)
28 of this Section upon any single operational unit within the
29 site.
30 (d) The fee imposed upon a hazardous waste disposal site
31 under this Section shall be the exclusive permit and
32 inspection fee applicable to hazardous waste disposal at such
33 site, provided that nothing in this Section shall be
34 construed to diminish or otherwise affect any fee imposed
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1 upon the owner or operator of a hazardous waste disposal site
2 by Section 22.2.
3 (e) The Agency shall establish procedures, no later than
4 December 1, 1984, relating to the collection of the hazardous
5 waste disposal site fees authorized by this Section. Such
6 procedures shall include, but not be limited to the time and
7 manner of payment of fees to the Agency, which shall be
8 quarterly, payable at the beginning of each quarter for
9 hazardous waste disposal site fees. Annual fees required
10 under paragraph (7) of subsection (b) of this Section shall
11 accompany the annual report required by Board regulations for
12 the calendar year for which the report applies.
13 (f) For purposes of this Section, a hazardous waste
14 disposal site consists of one or more of the following
15 operational units:
16 (1) a landfill receiving hazardous waste for
17 disposal;
18 (2) a waste pile or surface impoundment, receiving
19 hazardous waste, in which residues which exhibit any of
20 the characteristics of hazardous waste pursuant to Board
21 regulations are reasonably expected to remain after
22 closure;
23 (3) a land treatment facility receiving hazardous
24 waste; or
25 (4) a well injecting hazardous waste.
26 (g) On and after January 1, 1989, the Agency shall
27 assess a fee of $1.00 for each manifest provided by the
28 Agency, except that the Agency shall furnish up to 20
29 manifests requested by any generator at no charge and no
30 generator shall be required to pay more than $500 per year in
31 such manifest fees.
32 (Source: P.A. 88-106; 88-438; 88-496; 88-670; 89-79, eff.
33 6-30-95.)
HB0821 Enrolled -247- LRB9002999WHmg
1 Section 10-120. The Illinois Pesticide Act is amended by
2 changing Section 22.1 as follows:
3 (415 ILCS 60/22.1) (from Ch. 5, par. 822.1)
4 Sec. 22.1. Pesticide Control Fund. There is hereby
5 created in the State Treasury a special fund to be known as
6 the Pesticide Control Fund. All registration, penalty and
7 license fees collected by the Department pursuant to this Act
8 shall be deposited into the Fund. The amount annually
9 collected as fees shall be appropriated by the General
10 Assembly to the Department for the purposes of conducting a
11 public educational program on the proper use of pesticides,
12 for other activities related to the enforcement of this Act,
13 and for administration of the Insect Pest and Plant Disease
14 Act. However, the increase in fees in Sections 6, 10, and 13
15 of this Act resulting from this amendatory Act of 1990 shall
16 be used by the Department for the purpose of carrying out the
17 Department's powers and duties as set forth in paragraph 8 of
18 Section 19 of this Act. The monies collected under Section
19 13.1 of this Act shall be deposited in the Agrichemical
20 Incident Response Fund.
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 Pesticide Control Fund may be transferred
24 to the General Revenue Fund as authorized by this amendatory
25 Act of 1992. The General Assembly finds that an excess of
26 moneys exists in the Fund. On February 1, 1992, the
27 Comptroller shall order transferred and the Treasurer shall
28 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. 86-1172; 87-838.)
32 Section 10-125. The Illinois Vehicle Code is amended by
HB0821 Enrolled -248- LRB9002999WHmg
1 changing Section 18c-1601 as follows:
2 (625 ILCS 5/18c-1601) (from Ch. 95 1/2, par. 18c-1601)
3 Sec. 18c-1601. Deposit of Monies into the Transportation
4 Regulatory Fund.
5 (1) Deposit of Fees, Taxes, and Monies Other Than
6 Criminal Fines. All fees, penalties (other than criminal
7 penalties) or monies collected in settlement of enforcement
8 proceedings, taxes, and other monies collected under this
9 Chapter or which are transferred, appropriated or reimbursed
10 to the Commission for the purpose of administering and
11 enforcing this Chapter, shall be promptly paid into a special
12 fund in the State treasury known as the Transportation
13 Regulatory Fund.
14 (2) Accounting for Monies Received. The Commission shall
15 account separately for the receipt of monies from the
16 following classes:
17 (a) motor carriers of property (other than carriers
18 engaged in nonrelocation towing);
19 (b) rail carriers; and
20 (c) other monies.
21 The Commission may account separately with regard to
22 groups of persons within the foregoing classes.
23 (3) Deposit of criminal fines. Criminal fines collected
24 under this Chapter from motor carriers of property or persons
25 or entities found to have aided or abetted motor carriers of
26 property or passengers in violation of this Chapter shall be
27 disposed of in accordance with Section 16-105 of this Code.
28 Other criminal fines collected under this Chapter shall be
29 deposited into the Transportation Regulatory Fund in
30 accordance with subsection (1) of this Section.
31 (4) (Blank). Transfers. In addition to any other
32 permitted use of moneys in the Fund, and notwithstanding any
33 restriction on the use of the Fund, moneys in the
HB0821 Enrolled -249- LRB9002999WHmg
1 Transportation Regulatory Fund may be transferred to the
2 General Revenue Fund as authorized by this amendatory Act of
3 1992. The General Assembly finds that an excess of moneys
4 exists in the Fund. On February 1, 1992, the Comptroller
5 shall order transferred and the Treasurer shall transfer
6 $2,500,000 (or such lesser amount as may be on deposit in the
7 Fund and unexpended and unobligated on that date) from the
8 Fund to the General Revenue Fund.
9 (Source: P.A. 87-838.)
10 Section 10-130. The Violent Crime Victims Assistance Act
11 is amended by changing Section 10 as follows:
12 (725 ILCS 240/10) (from Ch. 70, par. 510)
13 (Text of Section before amendment by P.A. 89-688)
14 Sec. 10. Violent Crime Victims Assistance Fund.
15 (a) The "Violent Crime Victims Assistance Fund" is
16 created as a special fund in the State Treasury to provide
17 monies for the grants to be awarded under this Act.
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 Violent Crime Victims Assistance Fund may
21 be transferred to the General Revenue Fund as authorized by
22 this amendatory Act of 1992. The General Assembly finds that
23 an excess of moneys exists in the Fund. On February 1, 1992,
24 the Comptroller shall order transferred and the Treasurer
25 shall transfer $3,850,000 (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 (b) On and after September 18, 1986, there shall be
29 added to each fine imposed upon conviction of any felony or
30 conviction of or disposition of supervision for any
31 misdemeanor, or upon conviction of or disposition of
32 supervision for any offense under the Illinois Vehicle Code,
HB0821 Enrolled -250- LRB9002999WHmg
1 exclusive of offenses enumerated in paragraph (a)(2) of
2 Section 6-204 of that Code, and exclusive of any offense
3 enumerated in Article VI of Chapter 11 of that Code relating
4 to restrictions, regulations and limitations on the speed at
5 which a motor vehicle is driven or operated, an additional
6 penalty of $4 for each $40, or fraction thereof, of fine
7 imposed. Such additional amounts shall be assessed by the
8 court and shall be collected by the Clerk of the Circuit
9 Court in addition to the fine and costs in the case. Each
10 such additional penalty collected under this subsection (b)
11 or subsection (c) of this Section shall be remitted by the
12 Clerk of the Circuit Court within one month after receipt to
13 the State Treasurer for deposit into the Violent Crime
14 Victims Assistance Fund, except as provided in subsection (g)
15 of this Section. Such additional penalty shall not be
16 considered a part of the fine for purposes of any reduction
17 made in the fine for time served either before or after
18 sentencing. Not later than March 1 of each year the Clerk of
19 the Circuit Court shall submit to the State Comptroller a
20 report of the amount of funds remitted by him to the State
21 Treasurer under this Section during the preceding calendar
22 year. Except as otherwise provided by Supreme Court Rules, if
23 a court in sentencing an offender levies a gross amount for
24 fine, costs, fees and penalties, the amount of the additional
25 penalty provided for herein shall be computed on the amount
26 remaining after deducting from the gross amount levied all
27 fees of the Circuit Clerk, the State's Attorney and the
28 Sheriff. After deducting from the gross amount levied the
29 fees and additional penalty provided for herein, less any
30 other additional penalties provided by law, the clerk shall
31 remit the net balance remaining to the entity authorized by
32 law to receive the fine imposed in the case. For purposes of
33 this Section "fees of the Circuit Clerk" shall include, if
34 applicable, the fee provided for under Section 27.3a of the
HB0821 Enrolled -251- LRB9002999WHmg
1 Clerks of Courts Act and the fee, if applicable, payable to
2 the county in which the violation occurred pursuant to
3 Section 5-1101 of the Counties Code.
4 (c) When any person is convicted in Illinois on or after
5 August 28, 1986, of an offense listed below, or placed on
6 supervision for such an offense on or after September 18,
7 1986, the court which enters the conviction or order for
8 supervision, if it does not impose a fine, shall impose, in
9 addition to any other penalty authorized by law, a charge in
10 accordance with the following schedule:
11 (1) $25, for any crime of violence as defined in
12 subsection (c) of Section 2 of the Crime Victims
13 Compensation Act; and
14 (2) $20, for any other felony or misdemeanor,
15 excluding any conservation offense.
16 Such charge shall not be subject to the provisions of
17 Section 110-14 of the Code of Criminal Procedure of 1963.
18 (d) Monies forfeited, and proceeds from the sale of
19 property forfeited and seized, under the forfeiture
20 provisions of Section 11-20.1A of the Criminal Code of 1961
21 shall be accepted for the Violent Crime Victims Assistance
22 Fund.
23 (e) Investment income which is attributable to the
24 investment of monies in the Violent Crime Victims Assistance
25 Fund shall be credited to that fund for uses specified in
26 this Act. The Treasurer shall provide the Attorney General a
27 monthly status report on the amount of money in the Fund.
28 (f) Monies from the fund may be granted on and after
29 July 1, 1984.
30 (g) All amounts and charges imposed under this Section
31 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
32 Vehicle Code, or a similar provision of a local ordinance, or
33 any violation of the Child Passenger Protection Act, or a
34 similar provision of a local ordinance, shall be collected
HB0821 Enrolled -252- LRB9002999WHmg
1 and disbursed by the circuit clerk as provided under Section
2 27.5 of the Clerks of Courts Act.
3 (Source: P.A. 86-1475; 87-670; 87-838; 87-895.)
4 (Text of Section after amendment by P.A. 89-688)
5 Sec. 10. Violent Crime Victims Assistance Fund.
6 (a) The "Violent Crime Victims Assistance Fund" is
7 created as a special fund in the State Treasury to provide
8 monies for the grants to be awarded under this Act.
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 Violent Crime Victims Assistance Fund may
12 be transferred to the General Revenue Fund as authorized by
13 this amendatory Act of 1992. The General Assembly finds that
14 an excess of moneys exists in the Fund. On February 1, 1992,
15 the Comptroller shall order transferred and the Treasurer
16 shall transfer $3,850,000 (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 (b) On and after September 18, 1986, there shall be an
20 additional penalty collected from each defendant upon
21 conviction of any felony or upon conviction of or disposition
22 of supervision for any misdemeanor, or upon conviction of or
23 disposition of supervision for any offense under the Illinois
24 Vehicle Code, exclusive of offenses enumerated in paragraph
25 (a)(2) of Section 6-204 of that Code, and exclusive of any
26 offense enumerated in Article VI of Chapter 11 of that Code
27 relating to restrictions, regulations and limitations on the
28 speed at which a motor vehicle is driven or operated, an
29 additional penalty of $4 for each $40, or fraction thereof,
30 of fine imposed. Such additional amounts shall be collected
31 by the Clerk of the Circuit Court in addition to the fine and
32 costs in the case. Each such additional penalty collected
33 under this subsection (b) or subsection (c) of this Section
34 shall be remitted by the Clerk of the Circuit Court within
HB0821 Enrolled -253- LRB9002999WHmg
1 one month after receipt to the State Treasurer for deposit
2 into the Violent Crime Victims Assistance Fund, except as
3 provided in subsection (g) of this Section. Such additional
4 penalty shall not be considered a part of the fine for
5 purposes of any reduction made in the fine for time served
6 either before or after sentencing. Not later than March 1 of
7 each year the Clerk of the Circuit Court shall submit to the
8 State Comptroller a report of the amount of funds remitted by
9 him to the State Treasurer under this Section during the
10 preceding calendar year. Except as otherwise provided by
11 Supreme Court Rules, if a court in sentencing an offender
12 levies a gross amount for fine, costs, fees and penalties,
13 the amount of the additional penalty provided for herein
14 shall be computed on the amount remaining after deducting
15 from the gross amount levied all fees of the Circuit Clerk,
16 the State's Attorney and the Sheriff. After deducting from
17 the gross amount levied the fees and additional penalty
18 provided for herein, less any other additional penalties
19 provided by law, the clerk shall remit the net balance
20 remaining to the entity authorized by law to receive the fine
21 imposed in the case. For purposes of this Section "fees of
22 the Circuit Clerk" shall include, if applicable, the fee
23 provided for under Section 27.3a of the Clerks of Courts Act
24 and the fee, if applicable, payable to the county in which
25 the violation occurred pursuant to Section 5-1101 of the
26 Counties Code.
27 (c) When any person is convicted in Illinois on or after
28 August 28, 1986, of an offense listed below, or placed on
29 supervision for such an offense on or after September 18,
30 1986, and no other fine is imposed, the following penalty
31 shall be collected by the Circuit Court Clerk:
32 (1) $25, for any crime of violence as defined in
33 subsection (c) of Section 2 of the Crime Victims
34 Compensation Act; and
HB0821 Enrolled -254- LRB9002999WHmg
1 (2) $20, for any other felony or misdemeanor,
2 excluding any conservation offense.
3 Such charge shall not be subject to the provisions of
4 Section 110-14 of the Code of Criminal Procedure of 1963.
5 (d) Monies forfeited, and proceeds from the sale of
6 property forfeited and seized, under the forfeiture
7 provisions of Section 11-20.1A of the Criminal Code of 1961
8 shall be accepted for the Violent Crime Victims Assistance
9 Fund.
10 (e) Investment income which is attributable to the
11 investment of monies in the Violent Crime Victims Assistance
12 Fund shall be credited to that fund for uses specified in
13 this Act. The Treasurer shall provide the Attorney General a
14 monthly status report on the amount of money in the Fund.
15 (f) Monies from the fund may be granted on and after
16 July 1, 1984.
17 (g) All amounts and charges imposed under this Section
18 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
19 Vehicle Code, or a similar provision of a local ordinance, or
20 any violation of the Child Passenger Protection Act, or a
21 similar provision of a local ordinance, shall be collected
22 and disbursed by the circuit clerk as provided under Section
23 27.5 of the Clerks of Courts Act.
24 (Source: P.A. 89-688, eff. 6-1-97.)
25 ARTICLE 99
26 Section 99-1. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.
HB0821 Enrolled -255- LRB9002999WHmg
1 Section 99-3. No revival or extension. This Act does
2 not revive or extend any Section or Act otherwise repealed.
3 Section 99-5. Effective date. This Act takes effect on
4 July 1, 1998.
HB0821 Enrolled -256- 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 Enrolled -257- 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 Enrolled -258- 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 Enrolled -259- 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 Enrolled -260- 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 Enrolled -261- 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