Public Act 90-0372 of the 90th General Assembly
Public Act 90-0372
HB0821 Enrolled LRB9002999WHmg
AN ACT in relation to the repeal, deletion, and amendment
of certain statutory provisions.
WHEREAS, It is the intent of the General Assembly that
nothing in this Public Act shall be construed to have any
effect on (i) any action taken under any provision of law
before the repeal or deletion of the provision of law by this
Public Act or (ii) any right, remedy, immunity from
liability, right or duty of confidentiality, conveyance, or
legal status that was created, conferred, or imposed by any
provision of law before the repeal or deletion of the
provision of law by this Public Act; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 5
Section 5-10. The Illinois Administrative Procedure Act
is amended by changing Section 5-110 as follows:
(5 ILCS 100/5-110) (from Ch. 127, par. 1005-110)
Sec. 5-110. Responsibilities of the Joint Committee with
respect to proposed rules, amendments, or repealers.
(a) The Joint Committee shall examine any proposed rule,
amendment to a rule, and repeal of a rule to determine
whether the proposed rule, amendment to a rule, or repeal of
a rule is within the statutory authority upon which it is
based; whether the rule, amendment to a rule, or repeal of a
rule is in proper form; and whether the notice was given
before its adoption, amendment, or repeal and was sufficient
to give adequate notice of the purpose and effect of the
rule, amendment, or repeal. In addition, the Joint Committee
may consider whether the agency has considered alternatives
to the rule that are consistent with the stated objectives of
both the applicable statutes and regulations and whether the
rule is designed to minimize economic impact on small
businesses.
(b) If the Joint Committee objects to a proposed rule,
amendment to a rule, or repeal of a rule, it shall certify
the fact to the issuing agency and include with the
certification a statement of its specific objections.
(c) If within the second notice period the Joint
Committee certifies its objections to the issuing agency,
then that agency shall do one of the following within 90 days
after receiving the statement of objection:
(1) Modify the proposed rule, amendment, or
repealer to meet the Joint Committee's objections.
(2) Withdraw the proposed rule, amendment, or
repealer in its entirety.
(3) Refuse to modify or withdraw the proposed rule,
amendment, or repealer.
(d) If an agency elects to modify a proposed rule,
amendment, or repealer to meet the Joint Committee's
objections, it shall make those modifications that are
necessary to meet the objections and shall resubmit the rule,
amendment, or repealer to the Joint Committee. In addition,
the agency shall submit a notice of its election to modify
the proposed rule, amendment, or repealer to meet the Joint
Committee's objections to the Secretary of State, and the
notice shall be published in the first available issue of the
Illinois Register, but the agency shall not be required to
conduct a public hearing. If the Joint Committee determines
that the modifications do not remedy the Joint Committee's
objections, it shall so notify the agency in writing and
shall submit a copy of that notification to the Secretary of
State for publication in the next available issue of the
Illinois Register. In addition, the Joint Committee may
recommend legislative action as provided in subsection (g)
for agency refusals.
(e) If an agency elects to withdraw a proposed rule,
amendment, or repealer as a result of the Joint Committee's
objections, it shall notify the Joint Committee in writing of
its election and shall submit a notice of the withdrawal to
the Secretary of State. The notice shall be published in the
next available issue of the Illinois Register.
(f) Failure of an agency to respond to the Joint
Committee's objections to a proposed rule, amendment, or
repealer within the time prescribed in subsection (c) shall
constitute withdrawal of the proposed rule, amendment, or
repealer in its entirety. The Joint Committee shall submit a
notice to that effect to the Secretary of State, and the
notice shall be published in the next available issue of the
Illinois Register. The Secretary of State shall refuse to
accept for filing a certified copy of the proposed rule,
amendment, or repealer under the provisions of Section 5-65.
(g) If an agency refuses to modify or withdraw the
proposed rule, amendment, or repealer to remedy an objection
stated by the Joint Committee, it shall notify the Joint
Committee in writing of its refusal and shall submit a notice
of refusal to the Secretary of State. The notice shall be
published in the next available issue of the Illinois
Register. If the Joint Committee decides to recommend
legislative action in response to an agency refusal, then the
Joint Committee shall have drafted and introduced into either
house of the General Assembly appropriate legislation to
implement the recommendations of the Joint Committee.
(h) No rule, amendment, or repeal of a rule shall be
accepted by the Secretary of State for filing under Section
5-65, if the rulemaking is subject to this Section, until
after the agency has responded to the objections of the Joint
Committee as provided in this Section.
(i) The Joint Committee shall evaluate and analyze all
State forms that have been developed or revised after
September 7, 1984, to ascertain the burden, if any, of
complying with those forms by small businesses. The
evaluation and analysis shall occur during the Joint
Committee's review conducted under Section 5-130. If the
Joint Committee determines that the form is unduly burdensome
to small businesses, the Joint Committee may object to the
form or make specific recommendations for change in the form.
Objections to forms shall be made in the manner prescribed
in Section 5-120. For the purposes of this subsection, the
terms "State form" and "form" mean any document or piece of
paper used by a State agency requesting or transmitting
information, printed or reproduced by whatever means, usually
with blank spaces for the entry of additional information, to
be used in any transaction between the State of Illinois and
private sector businesses. These include but are not limited
to grant applications, licensing applications, permit
applications, and request for proposal applications, but do
not include books, pamphlets, newsletters, and intra-agency
forms that do not affect the rights of or procedures
available to persons or entities outside the State agency.
(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
Section 5-15. The Official Bond Act is amended by
changing Section 2 as follows:
(5 ILCS 260/2) (from Ch. 103, par. 2)
Sec. 2. It shall be the duty of the Governor, on or
before the first day of January and July in each year, and at
such other times as in his opinion the interests of the state
demands it, to examine and inquire into the sufficiency of
the official bonds of the Secretary of the State, State
Comptroller, Treasurer, members of the State Board of
Education, Attorney General, Canal Commissioners,
Commissioners of the Penitentiary, and all other state
officials or agents whose bonds are filed with the Secretary
of State; and whenever he shall find any bond insufficient,
he shall require sufficient bond to be filed.
This Section is repealed on July 1, 1998.
(Source: P.A. 81-1508.)
Section 5-20. The Election Code is amended by changing
Section 6-61 as follows:
(10 ILCS 5/6-61) (from Ch. 46, par. 6-61)
Sec. 6-61. It shall be the duty of the clerk of any court
where parties are tried or convicted of penitentiary offenses
in the county where such city, village or incorporated town
is located, to furnish monthly to such board of commissioners
the names of all parties convicted or sentenced for any
crime, the punishment of which is confinement in the
penitentiary, and their place of residence if such fact be in
the possession of such clerk. It shall be the duty of the
Governor of the state, or court, as the case may be, on or
before the first day of October in each year, to furnish to
such commissioners of election the names of all persons
released from the penitentiary or discharged from probation
for any crime of which such person was convicted in a court
in a county where said city, village or incorporated town is
located and to whom a certificate has been issued restoring
his rights of citizenship.
(Source: Laws 1943, vol. 2, p. 1.)
Section 5-30. The Attorney General Act is amended by
changing Section 2 as follows:
(15 ILCS 205/2) (from Ch. 14, par. 2)
Sec. 2. Whenever the governor shall deem any bond filed
by the attorney general insufficient, the governor may
require additional bond, in any penalty not exceeding that
specified in Section 1 of this Act.
This Section is repealed on July 1, 1998.
(Source: P.A. 86-962.)
Section 5-35. The Secretary of State Act is amended by
changing Section 1 as follows:
(15 ILCS 305/1) (from Ch. 124, par. 1)
Sec. 1. Bond. The Secretary of State shall give bond,
before entering upon the duties of his or her office, give
bonds, with two or more sufficient sureties, to be approved
by the Governor and two justices of the Supreme Court,
payable to the People of the State of Illinois, in the penal
sum of $100,000 by inclusion in the blanket bond or bonds or
self-insurance program provided for in Sections 14.1 and 14.2
of the Official Bond Act. The bond shall be, conditioned (i)
for the faithful discharge of the Secretary's his duties, and
(ii) to deliver up all papers, books, records, and other
property appertaining to his or her office, whole, safe, and
undefaced, to the his successor in office, and (iii) to
account for and pay over to the State Treasurer all moneys
that may be received by the Secretary him as fees of his or
her office, as required by law; which bond shall be entered
upon the records of his office and deposited in the office of
the State Comptroller.
(Source: P.A. 78-592.)
Section 5-37. The Secretary of State Merit Employment
Code is amended by changing Sections 3, 4, 6a, 7, 7a, 7b, 7c,
and 8c as follows:
(15 ILCS 310/3) (from Ch. 124, par. 103)
Sec. 3. Definitions. For the purpose of this Act, unless
the context indicates otherwise, the following words shall
have the meanings ascribed to them as follows:
"Board". The Merit Advisory Board created by this Act.
"Commission". The Merit Commission created by this Act.
"Department". Department of Personnel-Secretary of State.
"Director". Director of the Department of
Personnel-Secretary of State.
(Source: P.A. 80-13.)
(15 ILCS 310/4) (from Ch. 124, par. 104)
Sec. 4. Organization. There is created in the Office of
the Secretary of State:
(a) a Department of Personnel, headed by a Director,
which shall be a division of the Office of the Secretary of
State with primary responsibility for personnel transactions;
and
(b) a Merit Advisory Board; and
(b) (c) a Merit Commission.
(Source: P.A. 80-13.)
(15 ILCS 310/6a) (from Ch. 124, par. 106a)
Sec. 6a. Director - powers and duties. The Director
shall have the following duties and responsibilities:
(1) To apply and carry out this law and the rules
adopted hereunder.
(2) To attend meetings of the Commission and when
requested, of the Merit Advisory Board.
(3) To establish and maintain a roster of all employees
subject to this Act, in which there shall be set forth, as to
each employee, the class, title, pay status, and other
pertinent data.
(4) Subject to such exemptions or modifications as may
be necessary to assure the continuity of federal
contributions for positions paid from federal funds, to make
appointments to vacancies; to approve all written charges
seeking discharge, demotion, or other disciplinary measures
provided in this Act and to approve transfers of employees
from one geographical area to another in the State.
(5) To formulate and administer service wide policies
and programs for the improvement of employee effectiveness,
including training, safety, health, incentive recognition,
counseling, welfare and employee relations.
(6) To conduct negotiations affecting pay, hours of
work, or other working conditions of employees subject to
this Act.
(7) To investigate from time to time the operation and
effect of this law and the rules made thereunder and to
report his findings and recommendations to the Advisory
Board, the Commission and the Secretary of State.
(8) To make such reports as he may consider desirable,
to the Advisory Board, the Commission and the Secretary of
State, or as the Secretary of State or, Commission or
Advisory Board may request.
(9) To enter into agreements with professional or
educational organizations or the Illinois State Department of
Central Management Services for the purpose of obtaining
professional or technical assistance in the administration of
this Act.
(10) To perform any other lawful acts necessary or
desirable to carry out the purposes and provisions of this
law.
(Source: P.A. 82-789.)
(15 ILCS 310/7) (from Ch. 124, par. 107)
Sec. 7. Merit Advisory Board. There shall be a Merit
Advisory Board to the Department of Personnel of 5 members,
to be appointed by the Secretary of State, who are proficient
in the field of personnel administration as a result of
training or experience. Not more than 3 members may be
affiliated with the same political party.
This Section is repealed on July 1, 1998.
(Source: P.A. 80-13.)
(15 ILCS 310/7a) (from Ch. 124, par. 107a)
Sec. 7a. Terms - compensation. Members of the Merit
Advisory Board shall initially be appointed as follows:
(1) Two members to serve until the 3rd Monday of
January, 1979, and until their respective successors are
appointed; and
(2) Three members to serve until the 3rd Monday of
January, 1981, and until their respective successors are
appointed.
As terms of members so appointed expire, their successors
shall be appointed for terms to expire the 3rd Monday in
January 4 years thereafter, or until their respective
successors are appointed.
One member of the Board shall be appointed a chairman by
the Secretary of State for a two-year term. The Secretary of
State may appoint the chairman for consecutive terms.
The Secretary of State may fill vacancies on the Board.
Members of the Board shall receive no compensation for
their services, but shall be reimbursed for necessary
traveling and other official expenses.
This Section is repealed on July 1, 1998.
(Source: P.A. 80-13.)
(15 ILCS 310/7b) (from Ch. 124, par. 107b)
Sec. 7b. Meetings. Meetings of the Merit Advisory Board
shall be held at least 4 times a year on call of the
chairman, or upon call signed by any 3 members, or upon call
by the Director of Personnel. Three members of the Board
constitute a quorum.
This Section is repealed on July 1, 1998.
(Source: P.A. 80-13.)
(15 ILCS 310/7c) (from Ch. 124, par. 107c)
Sec. 7c. Powers. In addition to the duties imposed
elsewhere in this Act, the Merit Commission Advisory Board
may:
(1) advise the Secretary of State and the Director of
Personnel on problems concerning personnel administration.
(2) Obtain from the Director of the Department of
Personnel and from the Merit Commission such reports as it
may consider desirable.
(3) Foster the interest of institutions of learning and
of industrial, civic, professional and employee organizations
in the improvement of personnel standards in the Office of
the Secretary of State.
(Source: P.A. 80-13.)
(15 ILCS 310/8c) (from Ch. 124, par. 108c)
Sec. 8c. Duties and powers of the Commission. The Merit
Commission, in addition to any other duties prescribed in
this Act, shall have the following duties and powers:
(1) Upon written recommendations by the Director of
Personnel, to exempt from jurisdiction B of this Act
positions which, in the judgment of the Commission, are by
their nature highly confidential or involve principal
administrative responsibility for the determination of policy
or principal administrative responsibility for the way in
which policies are carried out. No position which has the
powers of a law enforcement officer, except executive
security officers, may be exempted under this section.
(2) To require such special reports from the Director as
it may consider desirable.
(3) To disapprove original rules or any part thereof and
any amendment thereof within 30 calendar days after the
submission of such rules to the Merit Commission by the
Director.
(4) To disapprove within 30 calendar days from date of
submission the position classification plan and any revisions
thereof submitted by the Director as provided in the rules.
(5) To hear appeals of employees who do not accept the
allocation of their positions under the classification plan.
(6) To hear and approve or disapprove written charges
filed seeking the discharge or demotion of employees or
suspension totaling more than 30 calendar days in any 12
month period, as provided in Section 9, appeals as provided
in Section 9a of this Act, and appeals from transfers from
one geographical area in the state to another, and in
connection therewith to administer oaths, subpoena witnesses
and compel the production of books and papers.
(7) (Blank). To furnish reports requested by the Merit
Advisory Board.
(8) To make an annual report regarding the work of the
Commission to the Secretary of State, such report to be a
public record.
(9) If any violation of this Act is found, the
Commission shall direct compliance in writing.
(10) To appoint such employees, experts and special
assistants as may be necessary to carry out the powers and
duties of the commission under this Act. Employees, experts
and special assistants so appointed by the Commission shall
be subject to jurisdictions A, B and C of this Act.
(11) To promulgate rules and regulations necessary to
carry out and implement their powers and duties under this
Act, with authority to amend such rules from time to time
pursuant to The Illinois Administrative Procedure Act.
(12) Within one year of the effective date of this
amendatory Act of 1985, the Commission shall adopt rules and
regulations which shall include all Commission policies
implementing its duties under Sections 8, 9, 10 and 15 of
this Act. These rules and regulations shall include, but not
be limited to, the standards and criteria used by the
Commission and Hearing Officers in making discretionary
determinations during hearing procedures.
(13) To hear or conduct investigations as it deems
necessary of appeals of layoff filed by employees appointed
under Jurisdiction B after examination, provided that such
appeals are filed within 15 calendar days following the
effective date of such layoff and are made on the basis that
the provisions of the Secretary of State Merit Employment
Code or the rules promulgated thereunder have been violated
or have not been complied with. All hearings shall be public.
A decision shall be rendered within 60 days after receipt of
the transcript of the proceedings. The Commission shall
order the reinstatement of the employee if it is proven that
the provisions of the Secretary of State Merit Employment
Code or the rules promulgated thereunder have been violated
or have not been complied with. In connection therewith the
Commission may administer oaths, subpoena witnesses, and
compel the production of books and papers.
(Source: P.A. 84-793.)
Section 5-45. The State Comptroller Act is amended by
changing Section 3 as follows:
(15 ILCS 405/3) (from Ch. 15, par. 203)
Sec. 3. Oath and Bond. Before entering upon the duties of
his or her office, the Comptroller shall take and subscribe
to the oath or affirmation prescribed by Article XIII,
Section 3 of the constitution and shall give bond, with 2 or
more sureties to be approved by the Governor and 2 justices
of the Supreme Court, payable to the People of the State of
Illinois in the sum of $1,000,000 by inclusion in the blanket
bond or bonds or self insurance program provided for in
Sections 14.1 and 14.2 of the Official Bond Act. The bond
shall be and conditioned (i) on the faithful discharge of the
Comptroller's his duties, (ii) on the delivery of all papers,
books, records, and other property appertaining to his or her
office, whole, safe, and undefaced, to the his successor in
office, and (iii) on the Comptroller his giving such
additional bonds, with sufficient sureties, as may be legally
required.
Whenever he considers any bond filed by the comptroller
to be insufficient, the Governor may require additional bond,
in any penalty not exceeding $1,000,000.
The oath or affirmation and each bond required by this
Section shall be filed in the office of the Secretary of
State.
(Source: P.A. 77-2807.)
Section 5-50. The State Treasurer Act is amended by
changing Sections 1, 3, and 6 as follows:
(15 ILCS 505/1) (from Ch. 130, par. 1)
Sec. 1. Bond. That the Treasurer of this State shall
give bond, before entering upon the duties of his or her
office, give bond with two or more sufficient sureties, to be
approved by the Governor and two justices of the Supreme
Court, payable to the People of the State of Illinois, in the
penal sum of $500,000 by inclusion in the blanket bond or
bonds or self-insurance program provided for in Sections 14.1
and 14.2 of the Official Bond Act. The bond shall be,
conditioned (i) for the faithful discharge of the Treasurer's
his duties, and (ii) to deliver up all moneys, papers, books,
records, and other property appertaining to his or her
office, whole, safe, and undefaced, to the his successor in
office, and (iii) that the Treasurer he will give additional
bonds, with sufficient sureties, when legally required; which
bond shall be filed in the office of the Secretary of State.
(Source: Laws 1873, p. 186.)
(15 ILCS 505/3) (from Ch. 130, par. 3)
Sec. 3. Whenever the Governor shall deem any bond filed
by the treasurer insufficient, he may require additional
bond, in any penalty not exceeding that specified in Section
1 hereof.
This Section is repealed on July 1, 1998.
(Source: Laws 1873, p. 186.)
(15 ILCS 505/6) (from Ch. 130, par. 6)
Sec. 6. Whenever the condition of the bond of the
Treasurer is broken, it shall be the duty of the Governor to
order the same to be prosecuted. Suit may be instituted and
prosecuted thereon to final judgment against the Treasurer or
his sureties, or one or more of them, jointly or severally,
without first establishing the liability of the Treasurer, by
obtaining judgment against him alone.
This Section is repealed on July 1, 1998.
(Source: Laws 1873, p. 186.)
Section 5-55. The Civil Administrative Code of Illinois
is amended by changing Sections 6.28, 7.01, and 15 as
follows:
(20 ILCS 5/6.28) (from Ch. 127, par. 6.28)
Sec. 6.28. In the Department of Employment Security. An
Employment Security Advisory Board A Board of Unemployment
Compensation and Free Employment Office Advisors, composed of
9 persons.
(Source: P.A. 83-1503.)
(20 ILCS 5/7.01) (from Ch. 127, par. 7.01)
Sec. 7.01. Employment Security Advisory Board; members.
Of the 9 nine members of the Employment Security Advisory
Board of Unemployment Compensation and Free Employment Office
Advisors, 3 three members shall be representative citizens
chosen from the employee class, 3 three members shall be
representative citizens chosen from the employing class, and
3 three members shall be representative citizens not
identified with either the employing or employee classes.
Of the five local Illinois Free employment office
advisors, two shall be representative citizens of the
employee class, two shall be representative citizens chosen
from the employing class, and the other shall be a
representative citizen not identified with either the
employing or employee classes.
(Source: Laws 1957, p. 1270.)
(20 ILCS 5/15) (from Ch. 127, par. 15)
Sec. 15. Bond. Each executive and administrative officer
whose office is created by this Act, or by any amendments
thereto, shall give bond, before entering upon the discharge
of the duties of his or her office by inclusion in the
blanket bond or bonds or self-insurance program provided for
in Sections 14.1 and 14.2 of the Official Bond Act , qualify
for the office by executing a bond and filing the bond in the
office of the Secretary of the State.
All official bonds required to be executed and filed
pursuant to this Section shall be executed with security to
be approved by the Governor and in such penal sum as shall be
fixed by the Governor, not less in any case than ten thousand
dollars, and which bond shall be conditioned for the faithful
performance of the officer's duties.
All official bonds required to be executed and filed
under pursuant to this Section are subject to the
requirements of the Official Bond Act "An Act to revise the
law in relation to official bonds", approved March 13, 1874,
as now or hereafter amended.
(Source: P.A. 79-1348.)
Section 5-65. The Forms Management Program Act is
amended by changing the title of the Act and Sections 1, 2,
3, 4, 5.1, and 6 as follows:
(20 ILCS 435/Act title)
An Act relating to State government; declaring the
legislative intent to obtain and maintain the simplification
and reduction of forms, surveys, and other documents as used
within State agencies and as required from the private
business sectors; providing for the establishment of a
Statewide Forms Management Program within the Department of
Administrative Services; providing for interagency
coordination; providing for training and instruction to State
agencies on form management techniques; providing for
periodic evaluation of the program's effectiveness and
requiring an annual report; and to amend Sections of other
Acts therein named.
(20 ILCS 435/1) (from Ch. 127, par. 1401)
Sec. 1. Short title. This Act may be cited as the Forms
Notice Management Program Act.
(Source: P.A. 86-1475.)
(20 ILCS 435/2) (from Ch. 127, par. 1402)
Sec. 2. Legislative Findings and Purpose. The General
Assembly finds that:
(a) The information and paperwork explosion of recent
years has placed a large burden and expense on all
organizations, both public and private;
(b) The economic viability of some organizations is
threatened by the continued growth in governmental paperwork;
(c) A modern administrative technique that has proven to
be a valuable tool in helping organizations of all sizes
reduce costs and minimize the impact and expenses
accompanying the growth in governmental paperwork is a
function called "forms management".
Therefore the purpose of this Act is to add within the
Department of Central Management Services an activity to be
known as the "Forms Management Center" for the coordination,
orderly design, implementation, and maintenance of a
Statewide Form Management Program with the stated purpose to
simplify, consolidate, or eliminate when and where expedient
the forms, surveys, and other documents used by State
agencies. Particular emphasis shall be directed to
determining the necessity of information, records, and
reports sought through such forms, surveys, and other
documents from private business, agriculture, and local
governments.
This Section is repealed on July 1, 1998.
(Source: P.A. 82-789.)
(20 ILCS 435/3) (from Ch. 127, par. 1403)
Sec. 3. The Director of the Department of Central
Management Services shall establish and staff an activity
within the department to be known as the "Forms Management
Center".
This Section is repealed on July 1, 1998.
(Source: P.A. 82-789.)
(20 ILCS 435/4) (from Ch. 127, par. 1404)
Sec. 4. Definition. The Director, acting through the
Forms Management Center, is authorized and empowered to:
(1) Establish a Statewide Forms Management Program for
all State agencies and provide assistance in establishing
internal forms management capabilities;
(2) Study, develop, coordinate, and initiate forms of
interagency and common administrative usage, and establish
basic State design and specification criteria to effect
standardization of State forms;
(3) Provide assistance to State agencies for economical
forms design and forms art work composition and establish and
supervise control procedures to prevent the undue creation
and reproduction of State forms;
(4) Provide assistance, training and instruction in
forms management techniques to State agencies, forms
management representatives and departmental forms
coordinators, and provide direct administrative and forms
management assistance to new State organizations as they are
created;
(5) Maintain a central cross index of State forms to
facilitate the standardization of such forms, to eliminate
redundant forms, and to provide a central source of
information on forms usage and availability;
(6) Utilize appropriate procurement techniques to take
advantage of competitive bidding, consolidated orders and
contract procurement of forms, and work toward more
efficient, economical and timely procurement, receipt,
storage and distribution of State forms;
(7) Coordinate the forms management program with the
existing State archives and records management program to
insure timely disposition of outdated forms and related
records;
(8) Conduct periodic evaluation of the effectiveness of
the overall forms management program and the forms management
practices of the individual State agencies, and maintain
records which indicate dollar savings, and the number of
forms eliminated, simplified or standardized, through
centralized forms management. Results of this evaluation
shall be reported annually on September 30 to the General
Assembly;
(9) Delegate authority, pursuant to procedures
authorized by himself, to State agencies where such
delegation will result in the most timely and economical
method of accomplishing the responsibilities set forth in
this Act. A determination to delegate such authority may,
among other matters, take into consideration the benefits of
central management of any form or forms in relationship to
the costs related to such management.
(10) Develop and promulgate rules and standards to
implement the overall purposes of this Act.
(11) The rules and standards authorized by Section 4(10)
of this Act shall provide, among other matters which are not
in conflict with the policies and principles herein set
forth:
a. That after a date to be determined by the Forms
Management Center, no State agency shall utilize any form
outside such agency until and unless such form has been
approved by the Forms Management Center, or unless the
management of such form has been delegated to such
agency.
b. That the notice required by Section 5 of this
Act shall appear in a standard place and in a standard
manner and shall include specified indicia of approval by
the Forms Management Center.
c. That forms required by a State agency on a
emergency basis may be given interim approval by the
Forms Management Center if such form is accompanied by a
letter from the Director or head of such agency, setting
forth the nature of such emergency and requesting interim
approval and is filed with the Forms Management Center.
As used in this Act the term "state agency" means and
includes all boards, commissions, agencies, institutions,
authorities, bodies politic and corporate of the State
created by or pursuant to the constitution or statute, of the
executive branch of State government; However, such term does
not include colleges, universities and institutions under the
jurisdiction of the Board of Trustees of the University of
Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, the Board of Trustees of Western Illinois
University, the Board of Higher Education, or the Illinois
Community College Board. However, any State officer or
agency which is not included in the foregoing definition may
elect to participate in the Forms Management Program and to
commit that office or agency to comply with the requirements
of this Act.
(Source: P.A. 89-4, eff. 1-1-96.)
(20 ILCS 435/5.1) (from Ch. 127, par. 1405.1)
Sec. 5.1. If a State agency fails to comply with Section
4 or 5 of this Act, a business, agricultural enterprise or
local government shall be relieved of its obligation to
respond to any request for information or to submit or file
forms to that agency, provided that such information or form
relates to the agency's noncompliance.
Any business, agricultural enterprise or local government
failing to respond to a request for information or to submit
a form requested by a State agency pursuant to this Section
shall not be subject to any penalty or fine.
(Source: P.A. 84-1066.)
(20 ILCS 435/6) (from Ch. 127, par. 1406)
Sec. 6. Each such agency shall appoint a forms
management representative and provide necessary assistance to
implement the State Forms Management Program within the
agency.
This Section is repealed on July 1, 1998.
(Source: P.A. 80-1338.)
Section 5-75. The Civil Administrative Code of Illinois
is amended by changing Section 65.4 as follows:
(20 ILCS 510/65.4) (from Ch. 127, par. 63b11.4)
Sec. 65.4. To exercise the powers and fulfill the duties
assigned the Department by the Juvenile Court Act of 1987,
"An Act to aid industrial schools for girls", approved May
29, 1879, and "An Act to provide for and aid training schools
for boys", approved June 18, 1883, as such Acts are
heretofore and hereafter amended.
(Source: P.A. 85-1209.)
Section 5-80. The Civil Administrative Code of Illinois
is amended by changing Section 46.50 as follows:
(20 ILCS 605/46.50) (from Ch. 127, par. 46.50)
Sec. 46.50. To enter into an agreement or contract with
a college, university, private group, organization or other
entity to conduct a comprehensive Statewide survey of
infrastructure needs in Illinois.
This Section is repealed on July 1, 1998.
(Source: P.A. 84-109.)
Section 5-90. The Civil Administrative Code of Illinois
is amended by changing Sections 63a13, 63a27, 63a35, and
63b2.7 as follows:
(20 ILCS 805/63a13) (from Ch. 127, par. 63a13)
Sec. 63a13. To erect, supervise and maintain all public
monuments and memorials erected by the State on properties
under the jurisdiction of the Department of Natural
Resources, except when the supervision and maintenance
thereof is otherwise provided by law. Under the power granted
by this Section the Department shall (i) provide a site in
Rock Cut State Park for the Winnebago County Vietnam
Veterans' Memorial; and (ii) allow the Vietnam Veterans'
Honor Society to erect the Memorial of an agreed design.
(Source: P.A. 87-189.)
(20 ILCS 805/63a27) (from Ch. 127, par. 63a27)
Sec. 63a27. To sell gravel and other materials. (a) To
sell gravel, sand, earth or other material from any State of
Illinois owned lands or waters under the jurisdiction of the
Department at a fair market price. The proceeds from such
sales shall be deposited in the Wildlife and Fish Fund in the
State treasury.
(b) Notwithstanding the provisions of subsection (a) and
taking into consideration the cooperation received by the
State from the Lake County Forest Preserve District in the
development of the North Point Marina project, the Department
is authorized and directed to sell to the Lake County Forest
Preserve District 25,000 cubic yards of sand for the purpose
of constructing a swimming beach upon receipt of $1 in
consideration.
(Source: P.A. 85-1010.)
(20 ILCS 805/63a35) (from Ch. 127, par. 63a35)
Sec. 63a35. To print and issue stamps portraying the
wildlife of the State. This stamp shall be identified as a
wildlife conservation stamp and the fee for each stamp shall
be $5. The purchase of wildlife conservation stamps shall
provide no privileges to the purchaser, but merely recognizes
the person as voluntarily contributing to the management,
protection and preservation of the wildlife resources and
habitats of the State. All moneys received from the sale of
wildlife conservation stamps, sale of original artwork,
reprints, patches and related program income shall be
deposited in the Wildlife Conservation Fund. All monies
deposited as a result of this program shall be used for the
management, protection and preservation of the wildlife
resources and habitats in this State and to pay the costs of
printing and distributing the stamps.
This Section is repealed on July 1, 1998.
(Source: P.A. 83-1362; 83-1486.)
(20 ILCS 805/63b2.7) (from Ch. 127, par. 63b2.7)
Sec. 63b2.7. To expend monies in the All-terrain Vehicle
Safety Act Fund pursuant to appropriation for the purposes of
refunding registration fees paid under the All-terrain
Vehicle Safety Act and other expenses associated with the
termination of the Fund and the repeal of the All-terrain
Vehicle Safety Act through June 30, 1991, and to direct the
State Comptroller and State Treasurer to transfer the
remaining balance in the Fund on July 1, 1991, to the Motor
Fuel Tax Fund.
This Section is repealed on July 1, 1998.
(Source: P.A. 86-1091.)
Section 5-95. The Civil Administrative Code of Illinois
is amended by changing Sections 43a.01 and 43a.09 as follows:
(20 ILCS 1005/43a.01) (from Ch. 127, par. 43a.01)
Sec. 43a.01. Public employment offices. To exercise the
rights, powers, and duties vested by law in the
superintendents and assistant superintendents of free
employment offices, general advisory board of public free
employment offices, local advisory boards of public free
employment offices, and other officers and employees of
public free employment offices.
(Source: P.A. 83-1503.)
(20 ILCS 1005/43a.09) (from Ch. 127, par. 43a.09)
Sec. 43a.09. Administration of Unemployment Insurance
Act. To administer the provisions of "the Unemployment
Insurance Compensation Act," approved June 30, 1937, as
amended, insofar as those such provisions relate to the
powers and duties of the Director of the Department of
Employment Security.
(Source: P.A. 83-1503.)
Section 5-100. The Public Employment Office Act is
amended by changing Sections 1, 1a, 1c, 3, 4, 4a, 5, 8.1, and
8.3 as follows:
(20 ILCS 1015/1) (from Ch. 48, par. 173)
Sec. 1. Public employment offices; establishment. The
Department of Employment Security is authorized to establish
and maintain public free employment offices, for the purpose
of receiving applications of persons seeking employment and
applications of persons seeking to employ labor, as follows:
One in each city, village or incorporated town of not less
than twenty-five thousand population; one in two or more
contiguous cities, villages or incorporated towns having an
aggregate or combined population of not less than twenty-five
thousand; and in each city containing a population of one
million or over, one central office with as many departments
as would be practical to handle the various classes of labor,
and such branch offices not to exceed five at any one time,
the location of branch offices to be approved by the
Governor. Those Such offices shall be designated and known as
Illinois Public Free Employment Offices.
(Source: P.A. 83-1503.)
(20 ILCS 1015/1a) (from Ch. 48, par. 174)
Sec. 1a. Unemployment; investigate and remedy. The State
Department of Employment Security shall promote advise and
cooperate with the secretary of the Bureau of Labor
Statistics in promoting the efficiency of the said Illinois
Public Free Employment Offices, and investigate in the
investigation of the extent and causes of unemployment and
its the remedies, therefor and devise and adopt the most
effectual means within the Department's their power to
provide employment and to prevent distress and involuntary
idleness, and for that purpose the Department may cooperate
with similar bureaus and commissions of other states, with
the Federal employment office in the Department of Labor, and
with any municipal employment bureaus and exchanges.
(Source: P.A. 83-1503.)
(20 ILCS 1015/1c) (from Ch. 48, par. 176)
Sec. 1c. Cooperation of employers. The Department of
Employment Security in cooperation with the Secretary of the
Bureau of Labor Statistics shall place itself themselves in
communication with large employers of labor, including
municipal and other public authorities, and attempt to bring
about such cooperation and coordination between them by the
dovetailing of industries, by long time contracts, or
otherwise, as will most effectually distribute and utilize
the available supply of labor and keep it employed with the
greatest possible constancy and regularity. The Department
They shall devise plans of operation with this object in view
and shall seek to induce the organization of concerted
movements in this direction. The Department They shall also
endeavor to enlist the aid of the federal government in
extending these movements beyond the State.
(Source: P.A. 83-1503.)
(20 ILCS 1015/3) (from Ch. 48, par. 179)
Sec. 3. Employment offices; signs; registration. The
Department of Employment Security shall, in each city, open
and maintain offices as an office in the locality agreed upon
between the Department and the secretary of the Bureau of
Labor Statistics as being most appropriate for the purpose
intended. Upon the outside of each such office, in position
and manner to secure the fullest public attention, shall be
placed a sign that reads which shall read in the English
language, "Illinois Public Free Employment Office also known
as the Job Service" , and such sign shall appear either upon
the outside windows or upon signs in such other languages as
the location of each such office shall render advisable. The
Department shall receive and register the names of all
persons applying for employment or help, designating opposite
the names and addresses of each applicant, the character of
employment or help desired upon the blank form furnished by
the Bureau of Labor Statistics, together with such other
facts as may be required or by the Bureau of Labor Statistics
to be used by the Department such Bureau: However, no record
shall be open to public inspection at any time, and such
statistical and sociological data as the Bureau of Labor
Statistics may require shall be held in confidence by such
Bureau and so published as not to reveal the identity of any
one. Any applicant who shall decline to furnish answers to
the questions contained in the application blanks shall not
thereby forfeit any rights to any employment the office might
secure.
(Source: P.A. 83-1503.)
(20 ILCS 1015/4) (from Ch. 48, par. 180)
Sec. 4. Reports to U.S. Department of Labor. The
Department of Employment Security shall make available to the
U.S. Department of Labor secretary of the Bureau of Labor
Statistics such reports of application for labor or
employment, and other details of the work of each office and
the expenses of maintaining the same, and shall perform such
other duties in the collection of statistics of labor as the
U.S. Department of Labor secretary of the Bureau of Labor
Statistics may require.
(Source: P.A. 83-1503.)
(20 ILCS 1015/4a) (from Ch. 48, par. 181)
Sec. 4a. The secretary of the Bureau of Labor Statistics
shall cause to be published an annual report concerning the
work of the various offices for the year ending September 30
together with a statement of the expenses of same.
This Section is repealed on July 1, 1998.
(Source: Laws 1915, p. 414.)
(20 ILCS 1015/5) (from Ch. 48, par. 182)
Sec. 5. Advertisements. The Department of Employment
Security shall immediately put itself in communication with
the principal manufacturers, merchants, and other employers
of labor, and use all diligence in securing the cooperation
of those the said employers of labor, with the purpose and
objects of the employment offices. To this end the Department
may advertise in the columns of newspapers, or other mediums,
for such situations as it has applicants to fill, and it may
advertise in a general way for the cooperation of large
contractors and employers in such trade journals or special
publications as reach those such employers, whether the such
trade or special journals are published within the State of
Illinois or not.
Full information shall be given to applicants regarding
the existence of any strike or lockout in the establishment
of any employer seeking workers through the Illinois Public
Free Employment Offices.
(Source: P.A. 83-1503.)
(20 ILCS 1015/8.1) (from Ch. 48, par. 184.1)
Sec. 8.1. Farmworkers. The Department of Employment
Security shall proscribe the recruitment by Illinois
employers of farmworkers unless the such employer files a
statement with the Job Illinois State Employment Service and
the Department setting forth the terms and conditions, and
the existence of any strike, or other concerted stoppage,
slowdown, or interruption of operations by employees of that
such employer at the site of the proposed employment,
directly relating to the employment offered to the
farmworkers so recruited. A copy of the such statement in
English and the language in which the farmworker is fluent
shall be given to each farmworker prior to recruitment by the
employer so recruiting. The statement shall be made on a form
provided to employers by the Job Illinois State Employment
Service on request. A copy of this statement, in both
English and the languages in which the farmworkers are
fluent, shall be posted by the employer in a conspicuous
location at the place of residence or employment of the
recruited persons. As used in this Section and Section 8.2,
"farmworker" means any person who moves seasonally from one
place to another, within or without the State, for the
purpose of obtaining employment relating to the planting,
raising, or harvesting of any agricultural or horticultural
commodities, or the handling, packing, or processing of those
such commodities on the farm where produced or at the place
of first processing after leaving that such farm.
(Source: P.A. 83-1503.)
(20 ILCS 1015/8.3) (from Ch. 48, par. 184.3)
Sec. 8.3. Report of violations. Each local office of the
Job Illinois State Employment Service shall transmit to the
Attorney General of the State of Illinois and to the
appropriate State's Attorney allegations of violations of
Sections 8.1 and 8.2. Any such violation shall be punished as
a Class A misdemeanor.
(Source: P.A. 77-2830.)
Section 5-105. The Natural Resources Act is amended by
changing Sections 14 and 16 as follows:
(20 ILCS 1105/14) (from Ch. 96 1/2, par. 7414)
Sec. 14. Illinois Superconductivity Coordinating
Council. (a) There shall be established, within the
Department, The Illinois Superconductivity Coordinating
Council, hereinafter in this Section called the Council. The
Council shall be composed of 9 voting members including the
Director of the Department or his designee, who shall be
Chairman thereof; the Director of the Department of Commerce
and Community Affairs or his designee; the Director of the
Illinois Board of Higher Education or his designee; and 6
persons appointed by the Governor, including 2
representatives from electric utilities companies regulated
by the Illinois Commerce Commission, one of which serves a
population of over 5 million customers, and 3 representatives
of Illinois businesses with commercial interests in
superconducting technologies including one from a business of
100 employees or less and one representative from the
financial and investment sector. The 6 appointed members
shall serve for terms of 2 years, with initial terms that
shall expire on July 1, 1991, except that the Governor shall
designate 2 of the original appointees to serve initial terms
that shall expire on July 1, 1990.
The Council shall meet at least twice a year or at the
call of the Chairman. At any time the majority of the
Council may petition the Chairman for a meeting of the
Council. Five members of the Council shall constitute a
quorum. Members of the Council shall be reimbursed for
actual and necessary expenses incurred while performing their
duties as members of the Council.
(b) The Council shall have the following powers and
duties:
1. To support applied superconductivity research
projects in areas with commercial applications between
Illinois industry, universities, and not for profit research
institutions; establishment of consortia; and support of
staff exchanges.
2. To enhance the network for Illinois
university-industrial-federal laboratory interaction.
3. To establish a data base and disseminate information
on superconductivity research being conducted in the state.
4. To identify industrial applications and commercial
opportunities for Illinois businesses.
5. To conduct technical and educational workshops and
conferences.
6. To prepare and distribute marketing brochures,
technical publications and videos.
7. To submit an annual report to the Governor and the
General Assembly outlining the progress and accomplishments
made in the year, providing an accounting of funds received
and disbursed, reviewing the status of research contracts,
and furnishing other relevant information.
8. To focus on existing superconductivity efforts in
carrying out its mission. The Council shall attempt to make
use of existing research facilities in Illinois or other
institutions carrying out research on superconductivity. As
far as practicable, the Council shall make maximum use of the
research facilities available at universities and colleges
and other not for profit research laboratories within the
State of Illinois.
9. To encourage through interchange with existing
research programs the development and strengthening of
superconductivity research at other educational and research
institutions in Illinois.
10. To coordinate the research efforts among various
agencies, departments, universities or organizations in order
to avoid duplication of effort and expense.
11. To adopt guidelines and bylaws governing its
organization, the conduct of business, and the exercise of
its powers and duties.
12. To review and advise on the expenditure of monies
appropriated consistent with the purposes of this Section.
13. To publish, from time to time, the results of
Illinois superconductivity research projects funded through
the Council.
(c) This Section is repealed on July 1, 1998.
(Source: P.A. 86-258.)
(20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
Sec. 16. Battery Task Force.
(a) Within the Department is created a Battery Task
Force to be comprised of (i) the Director of the Department
who shall serve as chair of the Task Force; (ii) the Director
of the Environmental Protection Agency; (iii) the Director
of the Hazardous Waste Research and Information Center; and
(iv) 15 persons who shall be appointed by the Director of the
Department, including 2 persons representing an environmental
organization, 2 persons representing the battery cell
industry, 2 persons representing the rechargeable powered
tool/device industry, 3 representatives from local government
with residential recycling programs (including one from a
municipality with more than a million people), one person
representing the retail industry, one person representing a
consumer group, 2 persons representing the waste management
industry, one person representing a recycling firm, and one
person representing a citizens' group active in local solid
waste issues.
(b) The Task Force shall prepare a report of its
findings and recommendations and shall present the report to
the Governor and the General Assembly on or before April 1,
1993. Among other things, the Task Force shall evaluate:
(1) collection, storage, and processing systems for
the recycling and proper management of common household
batteries and rechargeable battery products generated by
consumers, businesses, institutions, and governmental
units;
(2) public education programs that promote waste
reduction, reuse, and recycling strategies for household
batteries;
(3) disposal bans on specific household batteries
or rechargeable battery products;
(4) management options for rechargeable tools and
appliances;
(5) technical and financial assistance programs for
local governments;
(6) guidelines and regulations for the storage,
transportation, and disposal of household batteries;
(7) labeling requirements for household batteries
and battery packaging;
(8) metal content limits and sale restrictions for
carbon-zinc, nickel-cadmium, and button batteries;
(9) market development options for materials
recovered from household batteries;
(10) industry waste reduction developments,
including substitution of longer-life, rechargeable and
recyclable batteries, substitution of alternative
products which do not require batteries, increased use of
power-source adapters, and use of replaceable batteries
in battery-powered appliances; and
(11) the feasibility of reverse distribution of
batteries.
The Task Force shall review, evaluate, and compare
existing battery management and collection systems and
studies including those used from other states, the European
Community, and other major industrial nations. The Task Force
shall consult with manufacturers and the public to determine
the most cost effective and efficient means for battery
management.
This Section is repealed on July 1, 1998.
(Source: P.A. 87-1250; 88-45.)
Section 5-120. The Civil Administrative Code of Illinois
is amended by changing Sections 43.01, 43.03, 43.04, 43.05,
and 43.19 as follows:
(20 ILCS 1505/43.01) (from Ch. 127, par. 43.01)
Sec. 43.01. To exercise the rights, powers and duties
vested by law in the commissioners of labor, the secretary,
other officers and employees of said commissioners of labor.
This Section is repealed on July 1, 1998.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/43.03) (from Ch. 127, par. 43.03)
Sec. 43.03. To exercise the rights, powers and duties
vested by law in the chief inspector of private employment
agencies, inspectors of private employment agencies, their
subordinate officers and employees.
This Section is repealed on July 1, 1998.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/43.04) (from Ch. 127, par. 43.04)
Sec. 43.04. To exercise the rights, powers and duties
vested by law in the chief factory inspector, assistant chief
factory inspector, deputy factory inspector, and all other
officers and employees of the State factory inspection
service.
This Section is repealed on July 1, 1998.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/43.05) (from Ch. 127, par. 43.05)
Sec. 43.05. To exercise the rights, powers and duties
vested by law in the State Board of Arbitration and
Conciliation, its officers and employees.
This Section is repealed on July 1, 1998.
(Source: Laws 1953, p. 1442.)
(20 ILCS 1505/43.19) (from Ch. 127, par. 43.19)
Sec. 43.19. To transfer jurisdiction of any realty under
the control of the Department to any other Department of the
State Government, or to acquire or accept Federal lands, when
such transfer, acquisition or acceptance is advantageous to
the State and is approved in writing by the Governor.
This Section is repealed on July 1, 1998.
(Source: Laws 1953, p. 1442.)
Section 5-125. The Illinois Lottery Law is amended by
changing Section 28 as follows:
(20 ILCS 1605/28) (from Ch. 120, par. 1178)
Sec. 28. All rights, powers and duties vested in the
Department of Revenue or any office, division or bureau
thereof by this Act and all rights, powers and duties
incidental thereto are transferred to the Department of the
Lottery.
The Division of the State Lottery established within the
Department of Revenue is abolished. Personnel previously
assigned to the Division of the State Lottery are transferred
to the Department of the Lottery. However, the rights of the
employees, the State and its agencies under the Personnel
Code or any collective bargaining agreement or under any
pension, retirement or annuity plan shall not be affected by
this transfer.
All books, records, papers, documents, real and personal
property, unexpended appropriations and pending business in
any way pertaining to the rights, powers and duties
transferred by this Section from the Department of Revenue to
the Department of the Lottery shall be delivered to the
Department of the Lottery.
The rights, powers and duties transferred by this Section
to the Department of the Lottery shall be vested in and shall
be exercised by this Department subject to the provisions of
this amendatory Act of 1986. Each act done in the exercise
of such rights, powers and duties shall have the same legal
effect as if done by the Department of Revenue, the former
State Lottery Division or Lottery Control Board or officers
or employees thereof.
Every person or corporation shall be subject to the same
obligations, duties and any penalties, civil or criminal,
arising therefrom and shall have the same rights arising from
the exercise of such rights, powers and duties as if such
rights, powers and duties had been exercised by the
Department of Revenue, the former State Lottery Division or
Lottery Control Board or officers or employees thereof.
Every officer and employee of the Department of the
Lottery shall, for any offense, be subject to the same
penalty or penalties, civil or criminal, as are prescribed by
existing law for the same offense by any officer or employee
whose powers or duties are transferred to him by this
Section.
Whenever reports or notices have been required to be made
or given or papers or documents furnished or served by any
person to or upon the departments and offices transferred by
this Section, the same shall be made, given, furnished or
served in the same manner to or upon the Department of the
Lottery.
This amendatory Act of 1986 shall not affect any action
done, ratified or cancelled, any right occurring or
established or any action or proceeding had or commenced in
an administrative, civil or criminal cause before the
effective date of this amendatory Act of 1986, but such
actions or proceedings may be prosecuted and continued by the
Department of the Lottery.
No rule, regulation or administrative review procedure
promulgated by the Division of the State Lottery in the
Department of Revenue or the Lottery Control Board, pursuant
to an exercise of a right, power or duty which is transferred
to the Department of the Lottery, shall be affected by this
amendatory Act of 1986. These rules and regulations shall
become the rules and regulations of the Department of the
Lottery.
This Section is repealed on July 1, 1998.
(Source: P.A. 84-1128.)
Section 5-130. The Department of Mental Health and
Developmental Disabilities Act is amended by changing
Sections 16.2, 34.2, and 55 as follows:
(20 ILCS 1705/16.2) (from Ch. 91 1/2, par. 100-16.2)
(Text of Section before amendment by P.A. 89-507)
Sec. 16.2. The Director shall cause to be established a
pilot project to demonstrate the effectiveness of a
comprehensive continuum of community residential alternatives
for persons with mental illness with emphasis on care and
treatment of the recidivistic and the long-term
institutionalized persons with mental illness. A case
coordination system linking care at each point in the
continuum shall be established as part of the pilot project.
Data shall be collected which permits evaluation of the
effectiveness of this program in encouraging care at less
restrictive components of the continuum.
The Director shall designate one employee of the
Department to supervise and coordinate this program. Any
funds appropriated by the legislature for this purpose shall
be expended on this program. In addition, the coordinator
shall supervise the development and collection of data,
including needs estimates of persons with mental illness
populations by each region and subregion needing community
residential alternatives; development of the most effective
model continuum of residential alternatives with related
operational costs; and identification of necessary community
support systems for residents of the community alternative
living arrangements.
The Director or his designee shall submit a report to the
General Assembly no later than March 31, 1986 detailing the
impact of the Department's deinstitutionalization
initiatives, specifically, the case coordination system on
the inordinate number of homeless persons with mental illness
in Illinois. The report shall also contain recommendations
for addressing the issue of homeless persons with mental
illness.
(Source: P.A. 88-380.)
(Text of Section after amendment by P.A. 89-507)
Sec. 16.2. The Secretary shall cause to be established a
pilot project to demonstrate the effectiveness of a
comprehensive continuum of community residential alternatives
for persons with mental illness with emphasis on care and
treatment of the recidivistic and the long-term
institutionalized persons with mental illness. A case
coordination system linking care at each point in the
continuum shall be established as part of the pilot project.
Data shall be collected which permits evaluation of the
effectiveness of this program in encouraging care at less
restrictive components of the continuum.
The Secretary shall designate one employee of the
Department to supervise and coordinate this program. Any
funds appropriated by the legislature for this purpose shall
be expended on this program. In addition, the coordinator
shall supervise the development and collection of data,
including needs estimates of persons with mental illness
populations by each region and subregion needing community
residential alternatives; development of the most effective
model continuum of residential alternatives with related
operational costs; and identification of necessary community
support systems for residents of the community alternative
living arrangements.
The Secretary or his or her designee shall submit a
report to the General Assembly no later than March 31, 1986
detailing the impact of the Department's
deinstitutionalization initiatives, specifically, the case
coordination system on the inordinate number of homeless
persons with mental illness in Illinois. The report shall
also contain recommendations for addressing the issue of
homeless persons with mental illness.
This Section is repealed on July 1, 1998.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
(20 ILCS 1705/34.2) (from Ch. 91 1/2, par. 100-34.2)
Sec. 34.2. (a) The Department shall conduct a study of
alternative formulas for the distribution of grants-in-aid
for community services which are disbursed by the Department.
The study shall specifically include an examination of the
feasibility of using formulas to determine the distribution
of grants-in-aid to achieve the Department's program
objectives and to meet community needs, as well as an
evaluation of the various factors used in the formulas
(including but not limited to the populations served and the
needs, relative poverty and geographic locations of those
populations).
(b) No later than May 1, 1990, the Department shall
report to the General Assembly the results of its study. The
report shall include a description of the results obtained by
using each of the alternative formulas in terms of the amount
of funds received by the various geographic areas and
community services agencies in the State, and an evaluation
of the relative benefits of each alternative to existing
service areas and to the provision of mental health and
developmental disabilities services.
This Section is repealed on July 1, 1998.
(Source: P.A. 86-1013.)
(20 ILCS 1705/55) (from Ch. 91 1/2, par. 100-55)
(Text of Section before amendment by P.A. 89-507)
Sec. 55. To provide, directly or through contract with
not-for-profit organizations, and within amounts made
available by appropriation therefor, an in-home care and
support demonstration program. As used in this Section,
"family" includes foster families. The purposes of the
program will be (1) to provide direct care to persons with
mental illness and persons with a developmental disability,
(2) to enhance a family's ability to provide in-home care to
persons with mental illness or persons with a developmental
disability, and (3) to examine the impact of such program on
the incidence of hospitalization. Such services shall
include but not be limited to direct care, outreach services,
counseling, respite, transportation, and training which will
enhance the family's understanding of the nature and cause of
the mental illness or developmental disability and which will
provide them with the knowledge of strategies for handling
the symptoms and behavior of a person with mental illness or
person with a developmental disability. No family shall be
required to accept any services authorized pursuant to this
Section. The Director may develop a training curriculum, and
a staff training program to implement this demonstration
program. The evaluation required by this Section shall be
presented to the General Assembly no later than January 2,
1988, together with recommendations for extending the
demonstration project into an integral part of the array of
services provided or arranged for by the Department for all
persons with mental illness and persons with a developmental
disability in the State.
(Source: P.A. 88-380.)
(Text of Section after amendment by P.A. 89-507)
Sec. 55. To provide, directly or through contract with
not-for-profit organizations, and within amounts made
available by appropriation therefor, an in-home care and
support demonstration program. As used in this Section,
"family" includes foster families. The purposes of the
program will be (1) to provide direct care to persons with
mental illness and persons with a developmental disability,
(2) to enhance a family's ability to provide in-home care to
persons with mental illness or persons with a developmental
disability, and (3) to examine the impact of such program on
the incidence of hospitalization. Such services shall
include but not be limited to direct care, outreach services,
counseling, respite, transportation, and training which will
enhance the family's understanding of the nature and cause of
the mental illness or developmental disability and which will
provide them with the knowledge of strategies for handling
the symptoms and behavior of a person with mental illness or
person with a developmental disability. No family shall be
required to accept any services authorized pursuant to this
Section. The Secretary may develop a training curriculum,
and a staff training program to implement this demonstration
program. The evaluation required by this Section shall be
presented to the General Assembly no later than January 2,
1988, together with recommendations for extending the
demonstration project into an integral part of the array of
services provided or arranged for by the Department for all
persons with mental illness and persons with a developmental
disability in the State.
This Section is repealed on July 1, 1998.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
Section 5-135. The Land for Armories Act is amended by
adding Section 3.1 as follows:
(20 ILCS 1820/3.1 new)
Sec. 3.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-141. The Illinois Health Finance Reform Act is
amended by adding Section 3-11 as follows:
(20 ILCS 2215/3-11 new)
Sec. 3-11. Repeal. This Article III is repealed on July
1, 1998.
Section 5-142. The Civil Administrative Code of Illinois
is amended by changing Section 55.12 as follows:
(20 ILCS 2310/55.12) (from Ch. 127, par. 55.12)
Sec. 55.12. To enter into contracts with the Federal
Government, other States, local governmental units and other
public or private agencies or organizations for the purchase,
sale or exchange of health services and products which may
benefit the health of the people. Any contract entered into
with the Federal Government, with any other State government
or with any public or private agency or organization not
domiciled in Illinois shall not be effective unless it is
approved in writing by the Governor.
(Source: Laws 1967, p. 594.)
Section 5-143. The Chicago Out-Patient Clinic Act is
amended by adding Section 1.1 as follows:
(20 ILCS 2315/1.1 new)
Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-144. The Disabled Persons Rehabilitation Act
is amended by changing Sections 12a and 13 as follows:
(20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
(Text of Section before amendment by P.A. 89-507)
Sec. 12a. Centers for independent living.
(a) Purpose. Recognizing that persons with severe
disabilities deserve a high quality of life within their
communities regardless of their disabilities, the Department,
working with the Statewide Independent Living Council, shall
develop a State plan for submission on an annual basis to the
Commissioner. The Department shall adopt rules for
implementing the State plan in accordance with the federal
Act, including rules adopted under the federal Act governing
the award of grants.
(b) Definitions. As used in this Section, unless the
context clearly requires otherwise:
"Federal Act" means the federal 1973 Rehabilitation Act.
"Center for independent living" means a consumer
controlled, community based, cross-disability,
non-residential, private non-profit agency that is designated
and operated within a local community by individuals with
disabilities and provides an array of independent living
services.
"Consumer controlled" means that the center for
independent living vests power and authority in individuals
with disabilities and that at least 51% of the directors of
the center are persons with one or more disabilities as
defined by this Act.
"Commissioner" means the Commissioner of the
Rehabilitation Services Administration in the United States
Department of Health and Human Services.
"Council" means the Statewide Independent Living Council
appointed under subsection (d).
"Individual with a disability" means any individual who
has a physical or mental impairment that substantially limits
a major life activity, has a record of such an impairment, or
is regarded as having such an impairment.
"Individual with a severe disability" means an individual
with a severe physical or mental impairment, whose ability to
function independently in the family or community or whose
ability to obtain, maintain, or advance in employment is
substantially limited and for whom the delivery of
independent living services will improve the ability to
function, continue functioning, or move toward functioning
independently in the family or community or to continue in
employment.
"State plan" means the materials submitted by the
Department to the Commissioner on an annual basis that
contain the State's proposal for:
(1) The provision of statewide independent living
services.
(2) The development and support of a statewide
network of centers for independent living.
(3) Working relationships between (i) programs
providing independent living services and independent
living centers and (ii) the vocational rehabilitation
program administered by the Department under the federal
Act and other programs providing services for individuals
with disabilities.
(c) Authority. The Department shall be designated the
State unit under Title VII of the federal Act and shall have
the following responsibilities:
(1) To receive, account for, and disburse funds
received by the State under the federal Act based on the
State plan.
(2) To provide administrative support services to
centers for independent living programs.
(3) To keep records, and take such actions with
respect to those records, as the Commissioner finds to be
necessary with respect to the programs.
(4) To submit additional information or provide
assurances the Commissioner may require with respect to
the programs.
The Director and the Chairperson of the Council are
responsible for jointly developing and signing the State plan
required by Section 704 of the federal Act. The State plan
shall conform to the requirements of Section 704 of the
federal Act.
(d) Statewide Independent Living Council.
The Governor shall appoint a Statewide Independent Living
Council, comprised of 18 members, which shall be established
as an entity separate and distinct from the Department. The
composition of the Council shall include the following:
(1) At least one director of a center for
independent living chosen by the directors of centers for
independent living within the State.
(2) A representative of the Department and a
representative each from the Department of Mental Health
and Developmental Disabilities, the Department on Aging,
the State Board of Education, and the Department of
Children and Family Services, all as ex-officio,
non-voting members who shall not be counted in the 18
members appointed by the Governor.
In addition, the Council may include the following:
(A) One or more representatives of centers for
independent living.
(B) One or more parents or guardians of individuals
with disabilities.
(C) One or more advocates for individuals with
disabilities.
(D) One or more representatives of private
business.
(E) One or more representatives of organizations
that provide services for individuals with disabilities.
(F) Other appropriate individuals.
After soliciting recommendations from organizations
representing a broad range of individuals with disabilities
and organizations interested in individuals with
disabilities, the Governor shall appoint members of the
Council for terms beginning July 1, 1993. The Council shall
be composed of members (i) who provide statewide
representation; (ii) who represent a broad range of
individuals with disabilities; (iii) who are knowledgeable
about centers for independent living and independent living
services; and (iv) a majority of whom are persons who are
individuals with disabilities and are not employed by any
State agency or center for independent living. The terms of
all members of the Independent Living Advisory Council who
were appointed for terms beginning before July 1, 1993, shall
expire on July 1, 1993.
The council shall elect a chairperson from among its
membership.
Each member of the Council shall serve for terms of 3
years, except that (i) a member appointed to fill a vacancy
occurring before the expiration of the term for which the
predecessor was appointed shall be appointed for the
remainder of that term and (ii) terms of the members
initially appointed after the effective date of this
amendatory Act of 1993 shall be as follows: 6 of the
initial members shall be appointed for terms of one year, 6
shall be appointed for terms of 2 years, and 6 shall be
appointed for terms of 3 years. No member of the council may
serve more than 2 consecutive full terms.
Any vacancy occurring in the membership of the Council
shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of the
remaining members to execute the powers and duties of the
Council. The Council shall have the duties enumerated in
subsections (c), (d), and (e) of Section 705 of the federal
Act.
Members shall be reimbursed for their actual expenses
incurred in the performance of their duties, including
expenses for travel, child care, and personal assistance
services, and a member who is not employed or who must
forfeit wages from other employment shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council. The reimbursement or compensation
shall be paid from moneys made available to the Department
under Part B of Title VII of the federal Act.
In addition to the powers and duties granted to advisory
boards by Section 8 of the Civil Administrative Code of
Illinois, the Council shall have the authority to appoint
jointly with the Director a peer review committee to consider
and make recommendations for grants to eligible centers for
independent living.
(e) Grants to centers for independent living. Each
center for independent living that receives assistance from
the Department under this Section shall comply with the
standards and provide and comply with the assurances that are
set forth in the State plan and consistent with Section 725
of the federal Act. Each center for independent living
receiving financial assistance from the Department shall
provide satisfactory assurances at the time and in the manner
the Director requires.
Beginning October 1, 1994, the Director may award grants
to any eligible center for independent living that is
receiving funds under Title VII of the federal Act, unless
the Director makes a finding that the center for independent
living fails to comply with the standards and assurances set
forth in Section 725 of the federal Act.
If there is no center for independent living serving a
region of the State or the region is underserved, and the
State receives a federal increase in its allotment sufficient
to support one or more additional centers for independent
living in the State, the Director may award a grant under
this subsection to one or more eligible agencies, consistent
with the provisions of the State plan setting forth the
design of the State for establishing a statewide network for
centers for independent living.
In selecting from among eligible agencies in awarding a
grant under this subsection for a new center for independent
living, the Director and the chairperson of (or other
individual designated by) the Council acting on behalf of and
at the direction of the Council shall jointly appoint a peer
review committee that shall rank applications in accordance
with the standards and assurances set forth in Section 725 of
the federal Act and criteria jointly established by the
Director and the chairperson or designated individual. The
peer review committee shall consider the ability of the
applicant to operate a center for independent living and
shall recommend an applicant to receive a grant under this
subsection based on the following:
(1) Evidence of the need for a center for
independent living, consistent with the State plan.
(2) Any past performance of the applicant in
providing services comparable to independent living
services.
(3) The applicant's plan for complying with, or
demonstrated success in complying with, the standards and
assurances set forth in Section 725 of the federal Act.
(4) The quality of key personnel of the applicant
and the involvement of individuals with severe
disabilities by the applicant.
(5) The budgets and cost effectiveness of the
applicant.
(6) The evaluation plan of the applicant.
(7) The ability of the applicant to carry out the
plan.
The Director shall award the grant on the basis of the
recommendation of the peer review committee if the actions of
the committee are consistent with federal and State law.
(f) Evaluation and review. The Director shall
periodically review each center for independent living that
receives funds from the Department under Title VII of the
federal Act, or moneys appropriated from the General Revenue
Fund, to determine whether the center is in compliance with
the standards and assurances set forth in Section 725 of the
federal Act. If the Director determines that any center
receiving those federal or State funds is not in compliance
with the standards and assurances set forth in Section 725,
the Director shall immediately notify the center that it is
out of compliance. The Director shall terminate all funds to
that center 90 days after the date of notification or, in the
case of a center that requests an appeal, the date of any
final decision, unless the center submits a plan to achieve
compliance within 90 days and that plan is approved by the
Director or 198 on appeal) by the Commissioner.
(Source: P.A. 88-10; revised 12-4-96.)
(Text of Section after amendment by P.A. 89-507)
Sec. 12a. Centers for independent living.
(a) Purpose. Recognizing that persons with severe
disabilities deserve a high quality of life within their
communities regardless of their disabilities, the Department,
working with the Statewide Independent Living Council, shall
develop a State plan for submission on an annual basis to the
Commissioner. The Department shall adopt rules for
implementing the State plan in accordance with the federal
Act, including rules adopted under the federal Act governing
the award of grants.
(b) Definitions. As used in this Section, unless the
context clearly requires otherwise:
"Federal Act" means the federal 1973 Rehabilitation Act.
"Center for independent living" means a consumer
controlled, community based, cross-disability,
non-residential, private non-profit agency that is designated
and operated within a local community by individuals with
disabilities and provides an array of independent living
services.
"Consumer controlled" means that the center for
independent living vests power and authority in individuals
with disabilities and that at least 51% of the directors of
the center are persons with one or more disabilities as
defined by this Act.
"Commissioner" means the Commissioner of the
Rehabilitation Services Administration in the United States
Department of Health and Human Services.
"Council" means the Statewide Independent Living Council
appointed under subsection (d).
"Individual with a disability" means any individual who
has a physical or mental impairment that substantially limits
a major life activity, has a record of such an impairment, or
is regarded as having such an impairment.
"Individual with a severe disability" means an individual
with a severe physical or mental impairment, whose ability to
function independently in the family or community or whose
ability to obtain, maintain, or advance in employment is
substantially limited and for whom the delivery of
independent living services will improve the ability to
function, continue functioning, or move toward functioning
independently in the family or community or to continue in
employment.
"State plan" means the materials submitted by the
Department to the Commissioner on an annual basis that
contain the State's proposal for:
(1) The provision of statewide independent living
services.
(2) The development and support of a statewide
network of centers for independent living.
(3) Working relationships between (i) programs
providing independent living services and independent
living centers and (ii) the vocational rehabilitation
program administered by the Department under the federal
Act and other programs providing services for individuals
with disabilities.
(c) Authority. The Department shall be designated the
State unit under Title VII of the federal Act and shall have
the following responsibilities:
(1) To receive, account for, and disburse funds
received by the State under the federal Act based on the
State plan.
(2) To provide administrative support services to
centers for independent living programs.
(3) To keep records, and take such actions with
respect to those records, as the Commissioner finds to be
necessary with respect to the programs.
(4) To submit additional information or provide
assurances the Commissioner may require with respect to
the programs.
The Secretary and the Chairperson of the Council are
responsible for jointly developing and signing the State plan
required by Section 704 of the federal Act. The State plan
shall conform to the requirements of Section 704 of the
federal Act.
(d) Statewide Independent Living Council.
The Governor shall appoint a Statewide Independent Living
Council, comprised of 18 members, which shall be established
as an entity separate and distinct from the Department. The
composition of the Council shall include the following:
(1) At least one director of a center for
independent living chosen by the directors of centers for
independent living within the State.
(2) Two representatives of the Department and a
representative each from the Department on Aging, the
State Board of Education, and the Department of Children
and Family Services, all as non-voting members who shall
not be counted in the 18 members appointed by the
Governor.
In addition, the Council may include the following:
(A) One or more representatives of centers for
independent living.
(B) One or more parents or guardians of individuals
with disabilities.
(C) One or more advocates for individuals with
disabilities.
(D) One or more representatives of private
business.
(E) One or more representatives of organizations
that provide services for individuals with disabilities.
(F) Other appropriate individuals.
After soliciting recommendations from organizations
representing a broad range of individuals with disabilities
and organizations interested in individuals with
disabilities, the Governor shall appoint members of the
Council for terms beginning July 1, 1993. The Council shall
be composed of members (i) who provide statewide
representation; (ii) who represent a broad range of
individuals with disabilities; (iii) who are knowledgeable
about centers for independent living and independent living
services; and (iv) a majority of whom are persons who are
individuals with disabilities and are not employed by any
State agency or center for independent living. The terms of
all members of the Independent Living Advisory Council who
were appointed for terms beginning before July 1, 1993, shall
expire on July 1, 1993.
The council shall elect a chairperson from among its
membership.
Each member of the Council shall serve for terms of 3
years, except that (i) a member appointed to fill a vacancy
occurring before the expiration of the term for which the
predecessor was appointed shall be appointed for the
remainder of that term and (ii) terms of the members
initially appointed after the effective date of this
amendatory Act of 1993 shall be as follows: 6 of the
initial members shall be appointed for terms of one year, 6
shall be appointed for terms of 2 years, and 6 shall be
appointed for terms of 3 years. No member of the council may
serve more than 2 consecutive full terms.
Any vacancy occurring in the membership of the Council
shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of the
remaining members to execute the powers and duties of the
Council. The Council shall have the duties enumerated in
subsections (c), (d), and (e) of Section 705 of the federal
Act.
Members shall be reimbursed for their actual expenses
incurred in the performance of their duties, including
expenses for travel, child care, and personal assistance
services, and a member who is not employed or who must
forfeit wages from other employment shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council. The reimbursement or compensation
shall be paid from moneys made available to the Department
under Part B of Title VII of the federal Act.
In addition to the powers and duties granted to advisory
boards by Section 8 of the Civil Administrative Code of
Illinois, the Council shall have the authority to appoint
jointly with the Secretary a peer review committee to
consider and make recommendations for grants to eligible
centers for independent living.
(e) Grants to centers for independent living. Each
center for independent living that receives assistance from
the Department under this Section shall comply with the
standards and provide and comply with the assurances that are
set forth in the State plan and consistent with Section 725
of the federal Act. Each center for independent living
receiving financial assistance from the Department shall
provide satisfactory assurances at the time and in the manner
the Secretary requires.
Beginning October 1, 1994, the Secretary may award grants
to any eligible center for independent living that is
receiving funds under Title VII of the federal Act, unless
the Secretary makes a finding that the center for independent
living fails to comply with the standards and assurances set
forth in Section 725 of the federal Act.
If there is no center for independent living serving a
region of the State or the region is underserved, and the
State receives a federal increase in its allotment sufficient
to support one or more additional centers for independent
living in the State, the Secretary may award a grant under
this subsection to one or more eligible agencies, consistent
with the provisions of the State plan setting forth the
design of the State for establishing a statewide network for
centers for independent living.
In selecting from among eligible agencies in awarding a
grant under this subsection for a new center for independent
living, the Secretary and the chairperson of (or other
individual designated by) the Council acting on behalf of and
at the direction of the Council shall jointly appoint a peer
review committee that shall rank applications in accordance
with the standards and assurances set forth in Section 725 of
the federal Act and criteria jointly established by the
Secretary and the chairperson or designated individual. The
peer review committee shall consider the ability of the
applicant to operate a center for independent living and
shall recommend an applicant to receive a grant under this
subsection based on the following:
(1) Evidence of the need for a center for
independent living, consistent with the State plan.
(2) Any past performance of the applicant in
providing services comparable to independent living
services.
(3) The applicant's plan for complying with, or
demonstrated success in complying with, the standards and
assurances set forth in Section 725 of the federal Act.
(4) The quality of key personnel of the applicant
and the involvement of individuals with severe
disabilities by the applicant.
(5) The budgets and cost effectiveness of the
applicant.
(6) The evaluation plan of the applicant.
(7) The ability of the applicant to carry out the
plan.
The Secretary shall award the grant on the basis of the
recommendation of the peer review committee if the actions of
the committee are consistent with federal and State law.
(f) Evaluation and review. The Secretary shall
periodically review each center for independent living that
receives funds from the Department under Title VII of the
federal Act, or moneys appropriated from the General Revenue
Fund, to determine whether the center is in compliance with
the standards and assurances set forth in Section 725 of the
federal Act. If the Secretary determines that any center
receiving those federal or State funds is not in compliance
with the standards and assurances set forth in Section 725,
the Secretary shall immediately notify the center that it is
out of compliance. The Secretary shall terminate all funds
to that center 90 days after the date of notification or, in
the case of a center that requests an appeal, the date of any
final decision, unless the center submits a plan to achieve
compliance within 90 days and that plan is approved by the
Secretary or (if 198 on appeal) by the Commissioner.
(Source: P.A. 88-10; 89-507, eff. 7-1-97; revised 12-4-96.)
(20 ILCS 2405/13) (from Ch. 23, par. 3444)
(Text of Section before amendment by P.A. 89-507)
Sec. 13. The Department shall have all powers reasonable
and necessary for the administration of institutions for
persons with one or more disabilities under subsection (f) of
Section 3 of this Act, including, but not limited to, the
authority to do the following:
(a) Appoint and remove the superintendents of the
institutions operated by the Department, obtain all other
employees subject to the provisions of the Personnel Code,
and conduct staff training programs for the development and
improvement of services.
(b) Provide supervision, housing accommodations, board
or the payment of boarding costs, tuition, and treatment free
of charge, except as otherwise specified in this Act, for
residents of this State who are cared for in any institution,
or for persons receiving services under any program under the
jurisdiction of the Department. Residents of other states may
be admitted upon payment of the costs of board, tuition, and
treatment as determined by the Department; provided, that no
resident of another state shall be received or retained to
the exclusion of any resident of this State. The Department
shall accept any donation for the board, tuition, and
treatment of any person receiving service or care.
(c) Cooperate with the State Board of Education and the
Department of Children and Family Services in a program to
provide for the placement, supervision, and foster care of
children with handicaps who must leave their home community
in order to attend schools offering programs in special
education.
(d) Assess and collect (i) student activity fees and
(ii) charges to school districts for transportation of
students required under the School Code and provided by the
Department. The Department shall direct the expenditure of
all money that has been or may be received by any officer of
the several State institutions under the direction and
supervision of the Department as profit on sales from
commissary stores, student activity fees, or charges for
student transportation. The money shall be deposited into a
locally held fund and expended under the direction of the
Department for the special comfort, pleasure, and amusement
of residents and employees and the transportation of
residents, provided that amounts expended for comfort,
pleasure, and amusement of employees shall not exceed the
amount of profits derived from sales made to employees by the
commissaries, as determined by the Department.
Funds deposited with State institutions under the
direction and supervision of the Department by or for
residents of those State institutions shall be deposited into
interest-bearing accounts, and money received as interest and
income on those funds shall be deposited into a "needy
student fund" to be held and administered by the institution.
Money in the "needy student fund" shall be expended for the
special comfort, pleasure, and amusement of the residents of
the particular institution where the money is paid or
received.
Any money belonging to residents separated by death,
discharge, or unauthorized absence from institutions
described under this Section, in custody of officers of the
institutions, may, if unclaimed by the resident or the legal
representatives of the resident for a period of 2 years, be
expended at the direction of the Department for the purposes
and in the manner specified in this subsection (d). Articles
of personal property, with the exception of clothing left in
the custody of those officers, shall, if unclaimed for the
period of 2 years, be sold and the money disposed of in the
same manner.
Clothing left at the institution by residents at the time
of separation may be used as determined by the institution if
unclaimed by the resident or legal representatives of the
resident within 30 days after notification.
(e) Keep, for each institution under the jurisdiction of
the Department, a register of the number of officers,
employees, and residents present each day in the year, in a
form that will permit a calculation of the average number
present each month.
(f) Keep, for each institution under the jurisdiction of
the Department, so far as may be practicable, a record of
stores and supplies received and issued, with the dates and
names of the parties from or to whom the stores and supplies
were received or issued.
(g) Assure that the case and clinical records of
patients in Department supervised facilities and persons
receiving other services of the institutions of the
Department shall not be open to the general public. Those
case and clinical records and reports or the information
contained in those records and reports shall be disclosed by
the Director only to proper law enforcement officials,
individuals authorized by court, the Illinois General
Assembly or any committee or commission of the General
Assembly, and to other persons and for reasons the Director
designates by rule or regulation. This Section does not
apply to the Department fiscal records, other records of a
purely administrative nature, or completed forms and
documents used by the Department.
(h) Prescribe and require surety bonds from any officer
or employee under the jurisdiction of the Department, where
deemed advisable, in penal sums determined by the Department.
The cost of the bonds shall be paid by the State out of funds
appropriated to the Department.
(i) Accept and hold in behalf of the State, if for the
public interest, a grant, gift, or legacy of money or
property to the State of Illinois, to the Department, or to
any institution or program of the Department made in trust
for the maintenance or support of a resident of an
institution of the Department, or for any other legitimate
purpose connected with any such institution or program. The
Department shall cause each gift, grant, or legacy to be kept
as a distinct fund, and shall invest the gift, grant, or
legacy in the manner provided by the laws of this State as
those laws now exist or shall hereafter be enacted relating
to securities in which the deposits in savings banks may be
invested. The Department may, however, in its discretion,
deposit in a proper trust company or savings bank, during the
continuance of the trust, any fund so left in trust for the
life of a person and shall adopt rules and regulations
governing the deposit, transfer, or withdrawal of the fund.
The Department shall, on the expiration of any trust as
provided in any instrument creating the trust, dispose of the
fund thereby created in the manner provided in the
instrument. The Department shall include in its required
reports a statement showing what funds are so held by it and
the condition of the funds. Monies found on residents at the
time of their admission, or accruing to them during their
period of institutional care, and monies deposited with the
superintendents by relatives, guardians, or friends of
residents for the special comfort and pleasure of a resident,
shall remain in the possession of the superintendents, who
shall act as trustees for disbursement to, in behalf of, or
for the benefit of the resident. All types of retirement and
pension benefits from private and public sources may be paid
directly to the superintendent of the institution where the
person is a resident, for deposit to the resident's trust
fund account.
(j) Appoint, subject to the Personnel Code, persons to
be members of a police and security force. Members of the
police and security force shall be peace officers and as such
have all powers possessed by policemen in cities and
sheriffs, including the power to make arrests on view or
warrants of violations of State statutes or city or county
ordinances. These powers may, however, be exercised only in
counties of more than 500,000 population when required for
the protection of Department properties, interests, and
personnel, or specifically requested by appropriate State or
local law enforcement officials. Members of the police and
security force may not serve and execute civil processes.
(k) Maintain, and deposit receipts from the sale of
tickets to athletic, musical, and other events into, locally
held accounts not to exceed $10,000 per facility for the
purposes of (i) providing immediate payment to officials,
judges, and athletic referees for their services rendered at
school sponsored contests or events and (ii) providing
students who are enrolled in an independent living program
with cash so that they may fulfill course objectives by
purchasing commodities and other required supplies.
(l) Promulgate rules of conduct applicable to the
residents of institutions for persons with one or more
disabilities. The rules shall include specific standards to
be used by the Department to determine (i) whether financial
restitution shall be required in the event of losses or
damages resulting from a resident's action and (ii) the
ability of the resident and the resident's parents to pay
restitution.
(m) From funds appropriated to the Department from the
Assistive Technology for Persons with Disabilities Fund, a
special fund in the State treasury which is hereby created,
provide grants to disabled persons for the purchase of
assistive technological devices and related services.
(Source: P.A. 87-342; 88-91.)
(Text of Section after amendment by P.A. 89-507)
Sec. 13. The Department shall have all powers reasonable
and necessary for the administration of institutions for
persons with one or more disabilities under subsection (f) of
Section 3 of this Act, including, but not limited to, the
authority to do the following:
(a) Appoint and remove the superintendents of the
institutions operated by the Department, obtain all other
employees subject to the provisions of the Personnel Code,
and conduct staff training programs for the development and
improvement of services.
(b) Provide supervision, housing accommodations, board
or the payment of boarding costs, tuition, and treatment free
of charge, except as otherwise specified in this Act, for
residents of this State who are cared for in any institution,
or for persons receiving services under any program under the
jurisdiction of the Department. Residents of other states may
be admitted upon payment of the costs of board, tuition, and
treatment as determined by the Department; provided, that no
resident of another state shall be received or retained to
the exclusion of any resident of this State. The Department
shall accept any donation for the board, tuition, and
treatment of any person receiving service or care.
(c) Cooperate with the State Board of Education and the
Department of Children and Family Services in a program to
provide for the placement, supervision, and foster care of
children with handicaps who must leave their home community
in order to attend schools offering programs in special
education.
(d) Assess and collect (i) student activity fees and
(ii) charges to school districts for transportation of
students required under the School Code and provided by the
Department. The Department shall direct the expenditure of
all money that has been or may be received by any officer of
the several State institutions under the direction and
supervision of the Department as profit on sales from
commissary stores, student activity fees, or charges for
student transportation. The money shall be deposited into a
locally held fund and expended under the direction of the
Department for the special comfort, pleasure, and amusement
of residents and employees and the transportation of
residents, provided that amounts expended for comfort,
pleasure, and amusement of employees shall not exceed the
amount of profits derived from sales made to employees by the
commissaries, as determined by the Department.
Funds deposited with State institutions under the
direction and supervision of the Department by or for
residents of those State institutions shall be deposited into
interest-bearing accounts, and money received as interest and
income on those funds shall be deposited into a "needy
student fund" to be held and administered by the institution.
Money in the "needy student fund" shall be expended for the
special comfort, pleasure, and amusement of the residents of
the particular institution where the money is paid or
received.
Any money belonging to residents separated by death,
discharge, or unauthorized absence from institutions
described under this Section, in custody of officers of the
institutions, may, if unclaimed by the resident or the legal
representatives of the resident for a period of 2 years, be
expended at the direction of the Department for the purposes
and in the manner specified in this subsection (d). Articles
of personal property, with the exception of clothing left in
the custody of those officers, shall, if unclaimed for the
period of 2 years, be sold and the money disposed of in the
same manner.
Clothing left at the institution by residents at the time
of separation may be used as determined by the institution if
unclaimed by the resident or legal representatives of the
resident within 30 days after notification.
(e) Keep, for each institution under the jurisdiction of
the Department, a register of the number of officers,
employees, and residents present each day in the year, in a
form that will permit a calculation of the average number
present each month.
(f) (Blank). Keep, for each institution under the
jurisdiction of the Department, so far as may be practicable,
a record of stores and supplies received and issued, with the
dates and names of the parties from or to whom the stores and
supplies were received or issued.
(g) (Blank). Assure that the case and clinical records
of patients in Department supervised facilities and persons
receiving other services of the institutions of the
Department shall not be open to the general public. Those
case and clinical records and reports or the information
contained in those records and reports shall be disclosed by
the Secretary only to proper law enforcement officials,
individuals authorized by court, the Illinois General
Assembly or any committee or commission of the General
Assembly, and to other persons and for reasons the Secretary
designates by rule or regulation. This Section does not
apply to the Department fiscal records, other records of a
purely administrative nature, or completed forms and
documents used by the Department.
(h) (Blank). Prescribe and require surety bonds from any
officer or employee under the jurisdiction of the Department,
where deemed advisable, in penal sums determined by the
Department. The cost of the bonds shall be paid by the State
out of funds appropriated to the Department.
(i) Accept and hold in behalf of the State, if for the
public interest, a grant, gift, or legacy of money or
property to the State of Illinois, to the Department, or to
any institution or program of the Department made in trust
for the maintenance or support of a resident of an
institution of the Department, or for any other legitimate
purpose connected with any such institution or program. The
Department shall cause each gift, grant, or legacy to be kept
as a distinct fund, and shall invest the gift, grant, or
legacy in the manner provided by the laws of this State as
those laws now exist or shall hereafter be enacted relating
to securities in which the deposits in savings banks may be
invested. The Department may, however, in its discretion,
deposit in a proper trust company or savings bank, during the
continuance of the trust, any fund so left in trust for the
life of a person and shall adopt rules and regulations
governing the deposit, transfer, or withdrawal of the fund.
The Department shall, on the expiration of any trust as
provided in any instrument creating the trust, dispose of the
fund thereby created in the manner provided in the
instrument. The Department shall include in its required
reports a statement showing what funds are so held by it and
the condition of the funds. Monies found on residents at the
time of their admission, or accruing to them during their
period of institutional care, and monies deposited with the
superintendents by relatives, guardians, or friends of
residents for the special comfort and pleasure of a resident,
shall remain in the possession of the superintendents, who
shall act as trustees for disbursement to, in behalf of, or
for the benefit of the resident. All types of retirement and
pension benefits from private and public sources may be paid
directly to the superintendent of the institution where the
person is a resident, for deposit to the resident's trust
fund account.
(j) Appoint, subject to the Personnel Code, persons to
be members of a police and security force. Members of the
police and security force shall be peace officers and as such
have all powers possessed by policemen in cities and
sheriffs, including the power to make arrests on view or
warrants of violations of State statutes or city or county
ordinances. These powers may, however, be exercised only in
counties of more than 500,000 population when required for
the protection of Department properties, interests, and
personnel, or specifically requested by appropriate State or
local law enforcement officials. Members of the police and
security force may not serve and execute civil processes.
(k) Maintain, and deposit receipts from the sale of
tickets to athletic, musical, and other events into, locally
held accounts not to exceed $10,000 per facility for the
purposes of (i) providing immediate payment to officials,
judges, and athletic referees for their services rendered at
school sponsored contests or events and (ii) providing
students who are enrolled in an independent living program
with cash so that they may fulfill course objectives by
purchasing commodities and other required supplies.
(l) Promulgate rules of conduct applicable to the
residents of institutions for persons with one or more
disabilities. The rules shall include specific standards to
be used by the Department to determine (i) whether financial
restitution shall be required in the event of losses or
damages resulting from a resident's action and (ii) the
ability of the resident and the resident's parents to pay
restitution.
(m) (Blank). From funds appropriated to the Department
from the Assistive Technology for Persons with Disabilities
Fund, a special fund in the State treasury which is hereby
created, provide grants to disabled persons for the purchase
of assistive technological devices and related services.
(Source: P.A. 88-91; 89-507, eff. 7-1-97.)
Section 5-147. The Civil Administrative Code of Illinois
is amended by changing Sections 39b8, 39b9, 39b25, 39b34, and
39b46 as follows:
(20 ILCS 2505/39b8) (from Ch. 127, par. 39b8)
Sec. 39b8. To execute and administer all laws and
regulations, now or hereafter enacted, relating to the safety
and purity of illuminating oils and gasoline.
This Section is repealed on July 1, 1998.
(Source: Laws 1953, p. 175.)
(20 ILCS 2505/39b9) (from Ch. 127, par. 39b9)
Sec. 39b9. To exercise the rights, powers and duties
heretofore or hereafter vested in the Tax Commission herein
abolished by the "Revenue Act of 1939", filed May 17, 1939,
as amended.
This Section is repealed on July 1, 1998.
(Source: Laws 1965, p. 175.)
(20 ILCS 2505/39b25) (from Ch. 127, par. 39b25)
Sec. 39b25. To exercise all the rights, powers and duties
vested in said Department by "An Act for the assessment and
taxation of Private Car Line Companies", approved July 22,
1945.
This Section is repealed on July 1, 1998.
(Source: Laws 1953, p. 1439.)
(20 ILCS 2505/39b34) (from Ch. 127, par. 39b34)
Sec. 39b34. To assume all rights, powers, duties and
responsibilities of the former Department of Local Government
Affairs pertaining to its property taxation related
functions. Personnel, books, records, property and funds
pertaining to such functions are transferred to the
Department, but any rights of employees or the State under
the "Personnel Code" or any other contract or plan shall be
unaffected hereby.
This Section is repealed on July 1, 1998.
(Source: P.A. 81-1509.)
(20 ILCS 2505/39b46) (from Ch. 127, par. 39b46)
Sec. 39b46. To manage, operate, maintain and preserve
from waste the land and physical facilities of the Illinois
Income Tax Processing Center at Springfield, Illinois. All
personnel, materials, books, records, land and equipment
relating to the management, operation and maintenance of the
physical facilities of the Illinois Income Tax Processing
Center shall be transferred to the Department of Revenue.
This Section is repealed on July 1, 1998.
(Source: P.A. 82-789.)
Section 5-152. The Civil Administrative Code of Illinois
is amended by changing Section 49.32 as follows:
(20 ILCS 2705/49.32) (from Ch. 127, par. 49.32)
Sec. 49.32. Railway service studies.
(a) The Department shall conduct a study to evaluate
potential ridership, cost, and cost recovery for rail
passenger service between Chicago and St. Louis via Illinois
Central and Norfolk and Western rail lines through Kankakee,
Champaign-Urbana, Decatur, and Springfield and submit a
report of its findings to the General Assembly by January 9,
1992. This study shall include the feasibility of a train
route from Champaign-Urbana that arrives in Chicago before
9:00 a.m. each business day.
(b) This Section is repealed on July 1, 1998.
(Source: P.A. 87-451.)
Section 5-155. The Rail Passenger Service Act is amended
by adding Section 3.1 as follows:
(20 ILCS 2710/3.1 new)
Sec. 3.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-161. The Capital Development Board Act is
amended by changing Section 11 as follows:
(20 ILCS 3105/11) (from Ch. 127, par. 781)
Sec. 11. The Board shall establish a schedule for the
transfer of all projects previously authorized by the General
Assembly for construction by the Illinois Building Authority,
but not bonded by the Illinois Building Authority at the time
this Act shall become effective, including the assignment of
construction contracts and other related contracts, transfer
of title to real property to the appropriate state agency,
and supervision of construction. Such transfer shall be
completed no later than June 30, 1973.
This Section is repealed on July 1, 1998.
(Source: P.A. 77-1995.)
Section 5-185. The Illinois Coordinating Committee on
Transportation Act is amended by adding Section 4.1 as
follows:
(20 ILCS 3925/4.1 new)
Sec. 4.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-205. The Science Advisory Council Act is
amended by adding Section 5.1 as follows:
(20 ILCS 4025/5.1 new)
Sec. 5.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-215. The State Finance Act is amended by
changing Sections 3, 6h, 6v, 8.1, 8.21, and 8a as follows:
(30 ILCS 105/3) (from Ch. 127, par. 139)
Sec. 3. (a) Except as otherwise provided in subsection
(b), each officer of the executive department and all public
institutions of the State shall, at least ten days preceding
each regular session of the General Assembly, make and
deliver to the Governor an annual a biennial report of their
acts and doings, respectively, arranged so as to show the
acts and doings of each for the fiscal year ending in the
calendar separately, closing with the fiscal year immediately
preceding the calendar year in which that each regular
session of the General Assembly convenes.
(b) The University of Illinois shall, at least 10 days
preceding each regular session of the General Assembly, make
and deliver to the Governor an annual report of its acts and
doings for the fiscal year ending in the calendar year
immediately preceding the calendar year in which that regular
session of the General Assembly convenes.
(Source: P.A. 86-1189.)
(30 ILCS 105/6h) (from Ch. 127, par. 142h)
Sec. 6h. All payments received under Subtitle A of Title
I of the federal "State and Local Fiscal Assistance Act of
1972" (Pl. 92-512; 86 Stat. 919) and any interest earned on
or accruing to such payments shall be deposited in the
Federal Fiscal Assistance Trust Fund.
This Section is repealed on July 1, 1998.
(Source: P.A. 78-556.)
(30 ILCS 105/6v) (from Ch. 127, par. 142v)
Sec. 6v. All payments received under Title II of the
federal "Public Works Employment Act of 1976", P.L. 94-369,
and any interest earned on or accruing to such payments shall
be deposited in the Federal Public Works Assistance Fund.
This Section is repealed on July 1, 1998.
(Source: P.A. 79-1484.)
(30 ILCS 105/8.1) (from Ch. 127, par. 144.1)
Sec. 8.1. Appropriations from the Federal Fiscal
Assistance Trust Fund shall be for objects and purposes in
accord with the federal State and Local Fiscal Assistance Act
of 1972 (P.L. 92-512; 86 Stat. 919).
This Section is repealed on July 1, 1998.
(Source: P.A. 89-626, eff. 8-9-96.)
(30 ILCS 105/8.21) (from Ch. 127, par. 144.21)
Sec. 8.21. Appropriations from the Federal Public Works
and Economic Development Trust Fund shall be for objects and
purposes in accord with the federal Public Works and Economic
Development Act of 1965, as amended, 42 USC 3121, et seq.,
under the administration of the Department of Commerce and
Community Affairs.
This Section is repealed on July 1, 1998.
(Source: P.A. 81-1509.)
(30 ILCS 105/8a) (from Ch. 127, par. 144a)
Sec. 8a. Common School Fund.
(a) Except as provided in subsection (b) of this Section
and except as otherwise provided in this subsection (a) with
respect to amounts transferred from the General Revenue Fund
to the Common School Fund for distribution therefrom for the
benefit of the Teachers' Retirement System of the State of
Illinois and the Public School Teachers' Pension and
Retirement Fund of Chicago:
(1) With respect to all school districts, for each
fiscal year other than fiscal year 1994, on or before the
eleventh and twenty-first days of each of the months of
August through the following July, at a time or times
designated by the Governor, the State Treasurer and the
State Comptroller shall transfer from the General Revenue
Fund to the Common School Fund 1/24 or so much thereof as
may be necessary of the amount appropriated to the State
Board of Education for distribution to all school
districts from such Common School Fund, for the fiscal
year, including interest on the School Fund proportionate
for that distribution for such year.
(2) With respect to all school districts, but for
fiscal year 1994 only, on the 11th day of August, 1993
and on or before the 11th and 21st days of each of the
months of October, 1993 through July, 1994 at a time or
times designated by the Governor, the State Treasurer and
the State Comptroller shall transfer from the General
Revenue Fund to the Common School Fund 1/24 or so much
thereof as may be necessary of the amount appropriated to
the State Board of Education for distribution to all
school districts from such Common School Fund, for fiscal
year 1994, including interest on the School Fund
proportionate for that distribution for such year; and on
or before the 21st day of August, 1993 at a time or times
designated by the Governor, the State Treasurer and the
State Comptroller shall transfer from the General Revenue
Fund to the Common School Fund 3/24 or so much thereof as
may be necessary of the amount appropriated to the State
Board of Education for distribution to all school
districts from the Common School Fund, for fiscal year
1994, including interest proportionate for that
distribution on the School Fund for such fiscal year.
The amounts of the payments made in July of each year:
(i) shall be considered an outstanding liability as of the
30th day of June immediately preceding those July payments,
within the meaning of Section 25 of this Act; (ii) shall be
payable from the appropriation for the fiscal year that ended
on that 30th day of June; and (iii) shall be considered
payments for claims covering the school year that commenced
during the immediately preceding calendar year.
Notwithstanding the foregoing provisions of this
subsection, as soon as may be after the 10th and 20th days of
each of the months of August through May, 1/24, and on or as
soon as may be after the 10th and 20th days of June, 1/12 of
the annual amount appropriated to the State Board of
Education for distribution and payment during that fiscal
year from the Common School Fund to and for the benefit of
the Teachers' Retirement System of the State of Illinois
(until the end of State fiscal year 1995) and the Public
School Teachers' Pension and Retirement Fund of Chicago as
provided by the Illinois Pension Code and Section 18-7 of the
School Code, or so much thereof as may be necessary, shall be
transferred by the State Treasurer and the State Comptroller
from the General Revenue Fund to the Common School Fund to
permit semi-monthly payments from the Common School Fund to
and for the benefit of such teacher retirement systems as
required by Section 18-7 of the School Code.
Notwithstanding the other provisions of this Section, on
or as soon as may be after the 15th day of each month,
beginning in July of 1995, 1/12 of the annual amount
appropriated for that fiscal year from the Common School Fund
to the Teachers' Retirement System of the State of Illinois
(other than amounts appropriated under Section 1.1 of the
State Pension Funds Continuing Appropriation Act), or so much
thereof as may be necessary, shall be transferred by the
State Treasurer and the State Comptroller from the General
Revenue Fund to the Common School Fund to permit monthly
payments from the Common School Fund to that retirement
system in accordance with Section 16-158 of the Illinois
Pension Code and Section 18-7 of the School Code. Amounts
appropriated to the Teachers' Retirement System of the State
of Illinois under Section 1.1 of the State Pension Funds
Continuing Appropriation Act shall be transferred by the
State Treasurer and the State Comptroller from the General
Revenue Fund to the Common School Fund as necessary to
provide for the payment of vouchers drawn against those
appropriations.
The Governor may notify the State Treasurer and the State
Comptroller to transfer, at a time designated by the
Governor, such additional amount as may be necessary to
effect advance distribution to school districts of amounts
that otherwise would be payable in the next month pursuant to
Sections 18-8 through 18-10 of the School Code. The State
Treasurer and the State Comptroller shall thereupon transfer
such additional amount. The aggregate amount transferred from
the General Revenue Fund to the Common School Fund in the
eleven months beginning August 1 of any fiscal year shall not
be in excess of the amount necessary for payment of claims
certified by the State Superintendent of Education pursuant
to the appropriation of the Common School Fund for that
fiscal year. Notwithstanding the provisions of the first
paragraph in this section, no transfer to effect an advance
distribution shall be made in any month except on
notification, as provided above, by the Governor.
The State Comptroller and State Treasurer shall transfer
from the General Revenue Fund to the Common School Fund such
amounts as may be required to honor the vouchers presented by
the State Board of Education pursuant to Sections 18-3,
18-4.2, 18-4.3, 18-5, 18-6 and 18-7 of the School Code.
The State Comptroller and State Treasurer shall transfer
from the Federal Fiscal Assistance Trust Fund to the Common
School Fund such amounts as the Director of the Bureau of the
Budget, with the approval of the Governor, directs so long as
no transfer causes the balance remaining in the Federal
Fiscal Assistance Fund and the estimated receipts to that
Fund to be insufficient to support unexpended appropriations
from that Fund.
The State Comptroller and State Treasurer shall transfer
from the Federal Public Works Assistance Fund to the Common
School Fund such amounts as the Director of the Bureau of the
Budget, with the approval of the Governor, directs so long as
no transfer causes the balance remaining in the Federal
Public Works Assistance Fund and the estimated receipts to
that Fund to be insufficient to support unexpended
appropriations from that Fund.
The State Comptroller shall report all transfers provided
for in this Act to the President of the Senate, Minority
Leader of the Senate, Speaker of the House, and Minority
Leader of the House.
(b) On or before the 11th and 21st days of each of the
months of June, 1982 through July, 1983, at a time or times
designated by the Governor, the State Treasurer and the State
Comptroller shall transfer from the General Revenue Fund to
the Common School Fund 1/24 or so much thereof as may be
necessary of the amount appropriated to the State Board of
Education for distribution from such Common School Fund, for
that same fiscal year, including interest on the School Fund
for such year. The amounts of the payments in the months of
July, 1982 and July, 1983 shall be considered an outstanding
liability as of the 30th day of June immediately preceding
such July payment, within the meaning of Section 25 of this
Act, and shall be payable from the appropriation for the
fiscal year which ended on such 30th day of June, and such
July payments shall be considered payments for claims
covering school years 1981-1982 and 1982-1983 respectively.
In the event the Governor makes notification to effect
advanced distribution under the provisions of subsection (a)
of this Section, the aggregate amount transferred from the
General Revenue Fund to the Common School Fund in the 12
months beginning August 1, 1981 or the 12 months beginning
August 1, 1982 shall not be in excess of the amount necessary
for payment of claims certified by the State Superintendent
of Education pursuant to the appropriation of the Common
School Fund for the fiscal years commencing on the first of
July of the years 1981 and 1982.
(Source: P.A. 87-14; 87-895; 88-89; 88-593, eff. 8-22-94.)
Section 5-220. The Health Finance Transfer of Funds Act
is amended by adding Section 1.1 as follows:
(30 ILCS 140/1.1 new)
Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-235. The Vehicle Recycling Fund Transfer Act
is amended by adding Section 1.1 as follows:
(30 ILCS 180/1.1 new)
Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-260. The State Mandates Act is amended by
changing Section 4 as follows:
(30 ILCS 805/4) (from Ch. 85, par. 2204)
Sec. 4. Collection and maintenance of information
concerning state mandates.
(a) The Department of Commerce and Community Affairs,
hereafter referred to as the Department, shall be responsible
for:
(1) Collecting and maintaining information on State
mandates, including information required for effective
implementation of the provisions of this Act.
(2) Reviewing local government applications for
reimbursement submitted under this Act in cases in which
the General Assembly has appropriated funds to reimburse
local governments for costs associated with the
implementation of a State mandate. In cases in which
there is no appropriation for reimbursement, upon a
request for determination of a mandate by a unit of local
government, or more than one unit of local government
filing a single request, other than a school district or
a community college district, the Department shall
determine whether a Public Act constitutes a mandate and,
if so, the Statewide cost of implementation.
(3) Hearing complaints or suggestions from local
governments and other affected organizations as to
existing or proposed State mandates.
(4) Reporting each year to the Governor and the
General Assembly regarding the administration of
provisions of this Act and changes proposed to this Act.
The Illinois Commission on Intergovernmental Cooperation
shall conduct an annual semi-annual public hearing hearings
to review the information collected and the recommendations
made by the Department under this subsection (a). The
Department shall cooperate fully with the Commission,
providing any information, supporting documentation and other
assistance required by the Commission to facilitate the
conduct of the hearing hearings.
(b) Within 2 years following the effective date of this
Act, the Department shall collect and tabulate relevant
information as to the nature and scope of each existing State
mandate, including but not necessarily limited to (i)
identity of type of local government and local government
agency or official to whom the mandate is directed; (ii)
whether or not an identifiable local direct cost is
necessitated by the mandate and the estimated annual amount;
(iii) extent of State financial participation, if any, in
meeting identifiable costs; (iv) State agency, if any,
charged with supervising the implementation of the mandate;
and (v) a brief description of the mandate and a citation of
its origin in statute or regulation.
(c) The resulting information from subsection (b) shall
be published in a catalog available to members of the General
Assembly, State and local officials, and interested citizens.
As new mandates are enacted they shall be added to the
catalog, and each January 31 the Department shall list each
new mandate enacted at the preceding session of the General
Assembly, and the estimated additional identifiable direct
costs, if any imposed upon local governments. A revised
version of the catalog shall be published every 2 years
beginning with the publication date of the first catalog.
(d) Failure of the General Assembly to appropriate
adequate funds for reimbursement as required by this Act
shall not relieve the Department of Commerce and Community
Affairs from its obligations under this Section.
(Source: P.A. 89-304, eff. 8-11-95.)
Section 5-267. The Illinois Municipal Code is amended by
changing Section 2-4-6 as follows:
(65 ILCS 5/2-4-6) (from Ch. 24, par. 2-4-6)
Sec. 2-4-6. If a change of name is made, the corporate
authorities shall file a copy of the order making the change
with the Secretary of State. The Secretary of State He shall
publish a notice of the change at least once in one or more
newspapers published in the municipality, or, if no newspaper
is published therein, then in one or more newspapers with a
general circulation within the municipality. In
municipalities with less than 500 population in which no
newspaper is published, publication may instead be made by
posting a notice in 3 prominent places within the
municipality. The courts shall take judicial notice of the
change of name.
(Source: Laws 1961, p. 576.)
Section 5-270. The East St. Louis Area Development Act
is amended by adding Section 25.1 as follows:
(70 ILCS 505/25.1 new)
Sec. 25.1. Repeal. This Act is repealed on July 1,
1998.
Section 5-280. The School Code is amended by changing
Sections 2-2, 2-3.23, 2-3.42, 2-3.47, and 27-7 as follows:
(105 ILCS 5/2-2) (from Ch. 122, par. 2-2)
Sec. 2-2. Oath - Bond. Before entering upon their duties
the members of the State Board of Education shall take and
subscribe the oath of office prescribed by the Constitution
and execute a bond in the penalty of $25,000.00 payable to
the People of the State of Illinois, with sureties to be
approved by the Governor, conditioned upon the faithful
discharge of their duties. Such bond and oath shall be filed
deposited with the Secretary of State.
(Source: P.A. 81-1508.)
(105 ILCS 5/2-3.23) (from Ch. 122, par. 2-3.23)
Sec. 2-3.23. Reports from universities, colleges, etc. To
request the president, principal or other proper officer of
every organized university, college, seminary, academy or
other educational institution, whether incorporated or
unincorporated, to submit such report as it may require, in
order to lay before the General Assembly a full exhibit of
the affairs and conditions of such institutions and of the
educational resources of the State.
This Section is repealed on July 1, 1998.
(Source: P.A. 81-1508.)
(105 ILCS 5/2-3.42) (from Ch. 122, par. 2-3.42)
Sec. 2-3.42. Minimal competency testing. To prepare
procedures and materials to encourage and assist local school
districts to develop minimal competency testing programs.
Such procedures and materials shall be developed by December
15, 1978. To report to the General Assembly recommendations
for legislation resulting from its policy study and cost
analysis by June 30, 1980.
This Section is repealed on July 1, 1998.
(Source: P.A. 80-1412; 80-1494.)
(105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
Sec. 2-3.47. Comprehensive Educational Plan. The State
Board of Education shall promptly undertake to analyze the
current and anticipated problems and deficiencies, present
and future minimum needs and requirements and immediate and
future objectives and goals of elementary and secondary
education in the State of Illinois, and shall design and
prepare a Comprehensive Educational Plan for the development,
expansion, integration, coordination, and improved and
efficient utilization of the personnel, facilities, revenues,
curricula and standards of elementary and secondary education
for the public schools in the areas of teaching (including
preparation, certification, compensation, classification,
performance rating and tenure), administration, program
content and enrichment, student academic achievement, class
size, transportation, educational finance and budgetary and
accounting procedure, and educational policy and resource
planning. In formulating the Comprehensive Educational Plan
for elementary and secondary education, pre-school through
grade 12, in this State, the State Board of Education shall
give consideration to disabled, gifted, occupational, career
and other specialized areas of elementary and secondary
education, and further shall consider the problems,
requirements and objectives of private elementary and
secondary schools within the State as the same relate to the
present and future problems, deficiencies, needs,
requirements, objectives and goals of the public school
system of Illinois. As an integral part of the Comprehensive
Educational Plan, the State Board of Education shall develop
an annual budget for education for the entire State which
details the required, total revenues from all sources and the
estimated total expenditures for all purposes for each of the
first 3 fiscal years of operation under the Comprehensive
Educational Plan. The budgets shall specify the amount of
revenue projected from each source and the amount of
expenditure estimated for each purpose for the each such
fiscal year, and shall specifically relate and identify such
projected revenues and estimated expenditures to the
particular problem, deficiency, need, requirement, objective
or goal set forth in the Comprehensive Educational Plan to
which such revenues for expenditures are attributable. The
State Board of Education shall prepare and submit to the
General Assembly and the Governor drafts of proposed
legislation to implement the Comprehensive Educational Plan;
shall engage in a continuing study, analysis and evaluation
of the Comprehensive Educational Plan so designed and
prepared; shall timely continue to develop an annual budget
for education for the entire State for operation under the
Comprehensive Educational Plan for fiscal years subsequent to
the 3 fiscal years covered by the budgets initially
developed; and shall from time to time as required with
respect to such annual budgets, and as the State Board of
Education shall determine with respect to any proposed
amendments or modifications of any Comprehensive Educational
Plan enacted by the General Assembly, submit its drafts or
recommendations for proposed legislation to the General
Assembly and the Governor.
(Source: P.A. 89-397, eff. 8-20-95.)
(105 ILCS 5/27-7) (from Ch. 122, par. 27-7)
Sec. 27-7. Purposes of courses in physical education and
training - Courses of instruction. Courses in physical
education and training shall be for the following purposes:
1. to develop organic vigor;
2. to provide bodily and emotional poise;
3. to provide neuro-muscular training;
4. to prevent or correct certain postural defects;
5. to develop strength and endurance;
6. to develop desirable moral and social qualities;
7. to promote hygienic school and home life; and
8. to secure scientific supervision of the sanitation
and safety of school buildings, playgrounds, athletic fields
and equipment thereof.
The State Board of Education shall prepare and make
available guidelines courses of instruction in physical
education and training that may be used as guides for the
various grades and types of schools in order to make
effective the purposes set forth in this section and the
requirements provided in Section 27-6, and shall see that the
general provisions and intent of Sections 27-5 to 27-9,
inclusive, are enforced.
(Source: P.A. 81-1508.)
Section 5-285. The Critical Health Problems and
Comprehensive Health Education Act is amended by changing
Section 5 as follows:
(105 ILCS 110/5) (from Ch. 122, par. 865)
(Text of Section before amendment by P.A. 89-507)
Sec. 5. Advisory Committee. An advisory committee
consisting of 12 members is hereby established as follows:
the Chairman of the Illinois Commission on Children, the
Director of the Illinois Department of Public Health, the
Director of the Illinois Department of Mental Health and
Developmental Disabilities, the Director of the Illinois
Department of Alcoholism and Substance Abuse, the Director of
the Illinois Department of Children and Family Services, the
Chairman of the Illinois Joint Committee on School Health,
and 6 members to be appointed by the State Board of Education
to be chosen, insofar as is possible, from the following
groups: colleges and universities, voluntary health agencies,
medicine, dentistry, professional health associations,
teachers, administrators, members of local boards of
education, and lay citizens. The original public members
shall, upon their appointment, serve until July 1, 1973, and,
thereafter, new appointments of public members shall be made
in like manner and such members shall serve for 4 year terms
commencing on July 1, 1973, and until their successors are
appointed and qualified. Vacancies in the terms of public
members shall be filled in like manner as original
appointments for the balance of the unexpired terms. The
members of the advisory committee shall receive no
compensation but shall be reimbursed for actual and necessary
expenses incurred in the performance of their duties. Such
committee shall select a chairman and establish rules and
procedures for its proceedings not inconsistent with the
provisions of this Act. Such committee shall advise the State
Board of Education on all matters relating to the
implementation of the provisions of this Act. They shall
assist in presenting advice and interpretation concerning a
comprehensive health education program to the Illinois
public, especially as related to critical health problems.
They shall also assist in establishing a sound understanding
and sympathetic relationship between such comprehensive
health education program and the public health, welfare and
educational programs of other agencies in the community.
(Source: P.A. 83-969.)
(Text of Section after amendment by P.A. 89-507)
Sec. 5. Advisory Committee. An advisory committee
consisting of 11 12 members is hereby established as follows:
the Chairman of the Illinois Commission on Children, the
Director of Public Health, the Secretary of Human Services
and an additional person representing the Department of Human
Services designated by the Secretary, the Director of
Children and Family Services, the Chairman of the Illinois
Joint Committee on School Health, and 6 members to be
appointed by the State Board of Education to be chosen,
insofar as is possible, from the following groups: colleges
and universities, voluntary health agencies, medicine,
dentistry, professional health associations, teachers,
administrators, members of local boards of education, and lay
citizens. The original public members shall, upon their
appointment, serve until July 1, 1973, and, thereafter, new
appointments of public members shall be made in like manner
and such members shall serve for 4 year terms commencing on
July 1, 1973, and until their successors are appointed and
qualified. Vacancies in the terms of public members shall be
filled in like manner as original appointments for the
balance of the unexpired terms. The members of the advisory
committee shall receive no compensation but shall be
reimbursed for actual and necessary expenses incurred in the
performance of their duties. Such committee shall select a
chairman and establish rules and procedures for its
proceedings not inconsistent with the provisions of this Act.
Such committee shall advise the State Board of Education on
all matters relating to the implementation of the provisions
of this Act. They shall assist in presenting advice and
interpretation concerning a comprehensive health education
program to the Illinois public, especially as related to
critical health problems. They shall also assist in
establishing a sound understanding and sympathetic
relationship between such comprehensive health education
program and the public health, welfare and educational
programs of other agencies in the community.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 5-295. The 1985 School District Reorganization
Act is amended by adding Section 9.1 as follows:
(105 ILCS 220/9.1 new)
Sec. 9.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-302. The Campus Demonstrations Policy Act is
amended by changing Section 2 as follows:
(110 ILCS 10/2) (from Ch. 144, par. 226)
Sec. 2. The administration of each State-supported
institution of higher learning is responsible for maintaining
decorum and order on the campus of that institution and shall
file a "Policy on Demonstrations" with the Board of Higher
Education and the Governor.
(Source: P.A. 76-1583.)
Section 5-303. The Board of Higher Education Act is
amended by changing Sections 6.3 and 9.14 as follows:
(110 ILCS 205/6.3) (from Ch. 144, par. 186.3)
Sec. 6.3. The Board shall, after affording a full
opportunity to the State universities and colleges to be
heard, design and establish a comprehensive energy plan
including, but not limited to, energy conservation, research
for the development of alternate sources of energy, and
management plans for the use of land, buildings, equipment
and vehicles. The Board shall submit to the General Assembly
and the Governor drafts of proposed legislation developed
from the comprehensive energy plan by March 1, 1978. It
shall be the responsibility of the Board to recommend
modifications to the plan as deemed necessary through an
annual review submitted to the Governor and General Assembly.
This Section is repealed on July 1, 1998.
(Source: P.A. 80-433.)
(110 ILCS 205/9.14) (from Ch. 144, par. 189.14)
Sec. 9.14. To administer the "Illinois
Architecture-Engineering Internship Act of 1983", approved
September 26, 1983, as now or hereafter amended, and to
promulgate rules and regulations for the administration of
the program.
This Section is repealed on July 1, 1998.
(Source: P.A. 83-1362.)
Section 5-304. The University of Illinois Act is amended
by changing Section 1b as follows:
(110 ILCS 305/1b) (from Ch. 144, par. 22b)
Sec. 1b. The Board of Trustees shall, by January 1,
1985, submit to the office of the State Fire Marshal plans
for a smoke detection system in all University dormitory
corridors which shall be connected to a monitor panel and to
a central fire alarm system.
This Section is repealed on July 1, 1998.
(Source: P.A. 83-719.)
Section 5-307. The University of Illinois Agricultural
Experimental Station Act is amended by adding Section 1.1 as
follows:
(110 ILCS 390/1.1 new)
Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-308. The Southern Illinois University Name
Change Act is amended by adding Section 1.1 as follows:
(110 ILCS 505/1.1 new)
Sec. 1.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-310. The Southern Illinois University
Revenue-producing Buildings and Structures Act is amended by
adding Section 7.1 as follows:
(110 ILCS 515/7.1 new)
Sec. 7.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-312. The Public Community College Act is
amended by changing Sections 2-4, 6-5.3a, 6-5.9, 6-7, 6-7.1,
6-7.2, 6-7.3, 6-7.4, and 6-7.5 as follows:
(110 ILCS 805/2-4) (from Ch. 122, par. 102-4)
Sec. 2-4. The State Board shall have the power to make
and provide rules and regulations not inconsistent with the
provisions of this Act. The rules shall include, but shall
not be limited to: (a) the information which the State Board
requires of community college districts when applying for
approval of new colleges and branches, including (i) the
name, district number, and college number of the college
applying for approval of a new branch, and (ii) the name,
location, and address of the proposed branch, and (iii) the
proposed date of implementation of the application; (b)
(blank) the information which the State Board requires of
community college districts when applying for approval to
extend the courses into non-district territory, including (i)
the name, district number, and college number of the college
submitting the application to the State Board, (ii) each
location to which the college intends to extend existing
courses, (iii) the course prefix, number and title, the term
the course is to be offered, and the expected midterm
enrollment for each course, (iv) the name of the organization
or group requesting the course extension, and (v) a
description of financial support for the extension of
courses; and (c) the information which the State Board
requires of community college districts when applying for
approval of new programs, including (i) the community college
district name and number, (ii) the name, location, and
address of the proposed college, and (iii) the proposed date
of implementation of the application. The State Board may not
require information other than that specified in the rules.
Such rules and regulations and changes therein shall be filed
and shall become effective as provided by "The Illinois
Administrative Procedure Act", approved September 22, 1975,
as now or hereafter amended.
(Source: P.A. 84-1358.)
(110 ILCS 805/6-5.3a) (from Ch. 122, par. 106-5.3a)
Sec. 6-5.3a. (a) Any part of the territory included in a
community college district may be disconnected from that
district without being annexed to another community college
district if: (1) the disconnecting territory is situated in
a school district which lies partly within the community
college district and partly outside of the community college
district; (2) the board of education of the school district
is or may be required to pay tuition to the community college
district pursuant to Section 6-2 of this Act; (3) the
disconnection of the territory will not destroy the
contiguity of the community college district; and (4) the
disconnection from the community college district of which
the territory is presently a part will not reduce the
population and equalized assessed valuation of the remainder
of that district below that required for original
organization.
(b) Subject to those conditions, a petition signed by
2/3 of the resident voters of the disconnecting territory may
be filed on or before January 1, 1984 with the circuit court
of the county in which the majority of the territory is
situated. The petition must contain: (1) a description of
the territory to be disconnected; (2) an affirmation that all
the conditions required for disconnection by subsection (a)
exist; and (3) a request for an order of disconnection.
(c) If the court, after a hearing on the matter,
determines that all of the allegations in the petition are
true, it shall enter an order revising the boundaries of the
community college district and determining what portion of
the bonded indebtedness of the community college district is
attributable to the disconnecting territory.
(d) This Section is repealed on July 1, 1998.
(Source: P.A. 83-132.)
(110 ILCS 805/6-5.9) (from Ch. 122, par. 106-5.9)
Sec. 6-5.9. The decision of the State Board after a
hearing under Section 6-5.3 shall be deemed an
"administrative decision" as defined in Section 3-101 of the
Code of Civil Procedure and any petitioner or resident who
appears at the hearing may file a complaint for a review of
such decision in accordance with the Administrative Review
Law, and all amendments and modifications thereof and the
rules adopted pursuant thereto. The commencement of any
action for review shall operate as a stay of enforcement as
to any election on the boundary change, pending final
disposition of that review.
This Section is repealed on July 1, 1998.
(Source: P.A. 84-551.)
(110 ILCS 805/6-7) (from Ch. 122, par. 106-7)
Sec. 6-7. (a) Any compact and contiguous territory not
a part of a community college district established under
Article III, VI or VII of this Act, but contiguous thereto,
may be annexed to that community college district upon the
filing of a petition signed by 51% of the registered voters
of the territory with the State Board. The petition must
contain a description of the territory to be annexed and
request the annexation thereof to the community college
district designated therein. If there are no registered
voters in the territory proposed to be annexed, the petition
may be signed by owners of 51% of the real property in the
territory proposed to be annexed.
(b) Any compact and contiguous territory not a part of a
community college district established under Article III, VI
or VII of this Act, but contiguous thereto, may be annexed to
that community college district upon the filing of a petition
signed by 1/3 or 1,000, whichever is less, of the registered
voters of the territory with the State Board. The petition
must contain a description of the territory to be annexed and
request the annexation thereof to the community college
district designated therein. If there are no registered
voters in the territory proposed to be annexed, the petition
may be signed by owners of 1/3 of the real property in the
territory proposed to be annexed.
(c) Any compact and contiguous territory not a part of a
community college district established under Article III, VI
or VII of this Act, but contiguous thereto, may be annexed to
that community college district upon the filing of a petition
signed by 1/10 or 500, whichever is less, of the registered
voters of the territory with the State Board. The petition
must contain a description of the territory to be annexed and
request that an election be called in the territory described
therein for the purpose of voting on the proposition whether
that territory shall be annexed to the community college
district designated therein.
(d) Any compact and contiguous territory not a part of a
community college district established under Article III, VI
or VII of this Act, but contiguous thereto, may be annexed to
that community college district upon the filing with the
State Board of a resolution duly adopted by the board of
education having jurisdiction over the high school or high
schools which serve that territory. The resolution must
contain a description of the territory to be annexed and
request the annexation thereof to the community college
district designated therein.
(e) For purposes of this Section, a territory shall be
considered contiguous to a community college district if at
any time such territory was contiguous to that community
college district or any territory assigned to such district
by the State Board, notwithstanding any subsequent change in
status of the boundaries of the community college district or
territory assigned to such district.
(f) This Section is repealed on July 1, 1998.
(Source: P.A. 79-1342.)
(110 ILCS 805/6-7.1) (from Ch. 122, par. 106-7.1)
Sec. 6-7.1. Upon the receipt of a petition filed under
paragraph (a) of Section 6-7 and signed by 51% of the
registered voters of the territory described in the petition,
the State Board shall notify the board of the community
college district designated in such petition of the receipt
of the petition and shall cause to be published once in one
or more newspapers having a general circulation in the
territory described in the petition a notice stating that a
petition has been filed for certain described territory,
stating the prayer of that petition and that any persons
wishing to object to the prayer of that petition must file
with the State Board within 30 days of the publication date
of the notice, a petition signed by 10% or 25, whichever is
less, of the registered voters of that territory requesting a
public hearing on such petition. In the event that there are
no registered voters in the territory described in the
petition filed with the State Board, then any petition
requesting a public hearing shall be signed by the owners of
25% or more of the real property in that territory. If a
petition requesting a public hearing on the petition filed
with the State Board is so filed, the State Board shall set
that petition for hearing not sooner than 30 nor more than 90
days from the date on which the petition for a public hearing
was filed and shall cause notice of the date, time and place
of the hearing to be published once in one or more newspapers
having a general circulation in the territory described in
the petition and in the community college district designated
in the petition. On such day, or on a day to which the State
Board continues the hearing the State Board, or a hearing
officer appointed by it, shall conduct the hearing on the
petition and determine its sufficiency under this Article and
may adjourn the hearing from time to time or continue the
matter for want of sufficient notice or for other good cause.
The State Board, or a hearing officer appointed by it, shall
hear any additional evidence as to the educational needs and
conditions of the territory described in the petition and in
the area within and adjacent to such territory. If a hearing
officer is appointed, he shall report a summary of the
testimony to the State Board. At the hearing, any resident of
the territory described in the petition, or any district
affected thereby, may appear in support of or against the
petition. If, on the basis of its own study, or at a public
hearing, the State Board finds the petition to be
insufficient, it shall disapprove the petition. If, on the
basis of its own study, or at a public hearing, the State
Board finds the petition to be sufficient, it shall determine
whether the prayer of the petition is in the best interests
of the schools and colleges in the general area and the
educational welfare of the students residing within the
territory described in the petition and shall either approve
or disapprove the petition. If the prayer of the petition is
determined to be in the best interests of the schools and
colleges in the general area and the educational welfare of
the students residing within the territory described in the
petition, the State Board shall approve the petition. If the
State Board disapproves the petition, no further action shall
be taken. If it approves the petition, the State Board shall
enter an order granting the prayer of the petition with the
county clerk of each county which contains territory
described in the petition and with the board of the community
college district affected. The order of the State Board
shall include a description of the territory to be annexed
and a map of each county affected, showing the amended
boundaries of all community college districts in each county
affected.
This Section is repealed on July 1, 1998.
(Source: P.A. 79-708.)
(110 ILCS 805/6-7.2) (from Ch. 122, par. 106-7.2)
Sec. 6-7.2. Upon the receipt of a petition filed under
paragraph (b) of Section 6-7 and signed by 1/3 or 1,000,
whichever is less, of the registered voters in the territory
described in the petition, the State Board shall notify the
board of the community college district designated in the
petition of the receipt of the petition and shall cause to be
published once in one or more newspapers having a general
circulation in the territory described in the petition, a
notice stating that a petition has been filed for certain
described territory, stating the prayer of that petition and
that any persons wishing to object to the prayer of that
petition must file with the State Board within 30 days of the
publication date of such notice a petition signed by 10% or
25, whichever is less, of the registered voters of that
territory requesting a public hearing on such petition. In
the event that there are no registered voters in the
territory described in the petition filed with the State
Board, then any petition requesting a public hearing shall be
filed by the owners of 25% or more of the real property in
that territory. If a petition requesting a public hearing on
the petition filed with the State Board is so filed, the
State Board shall set that petition for hearing no sooner
than 30 nor more than 90 days from the date on which the
petition for a public hearing was filed and shall cause
notice of the date, time and place of the hearing to be
published once in one or more newspapers having a general
circulation in the territory described in the petition and in
the community college district designated therein. On such
day, or on a day to which the State Board continues that
hearing, the State Board or a hearing officer appointed by
it, shall conduct a hearing on the petition and determine its
sufficiency under this Article and may adjourn the hearing
from time to time or continue the hearing for want of
sufficient notice or for other good cause. The State Board,
or a hearing officer appointed by it, shall hear any
additional evidence as to the educational needs and
conditions of the territory described in the petition and in
the area within and adjacent to such territory. If a hearing
officer is appointed, he shall report a summary of the
testimony to the State Board. At the hearing, any resident
of the territory described in the petition, or any district
affected thereby, may appear in support of or against the
petition. If, on the basis of its own study, or at a public
hearing, the State Board finds the petition to be
insufficient, it shall disapprove the petition. If, on the
basis of its own study, or at a public hearing, the State
Board finds the petition to be sufficient, it shall determine
whether the prayer of the petition is in the best interests
of the schools and colleges in the general area and the
educational welfare of the students residing within the
territory described in the petition and shall approve or
disapprove the petition. If the prayer of the petition is
determined to be in the best interests of the schools and
colleges in the general area and the educational welfare of
the students residing within the territory described in the
petition, the State Board shall approve the petition. If the
State Board disapproves the petition, no further action shall
be taken.
If the State Board approves the petition, and if no
public hearing has been held pursuant to this Section, the
State Board shall enter an order granting the prayer of the
petition with the county clerk of each county which contains
territory described in the petition and with the board of the
community college district affected. The order of the State
Board shall include a description of the territory to be
annexed and a map of each county affected, showing the
amended boundaries of all community college districts in each
county affected.
If the State Board approves the petition, and if a public
hearing has been held pursuant to this Section, the State
Board shall cause to be published once in one or more
newspapers having a general circulation in the territory
described in the petition, a notice stating that the prayer
of that petition has been approved and that 1/10 or 25,
whichever is less, of the registered voters of the territory
described in the petition may file with the State Board,
within 30 days of the publication of the notice, a petition
requesting that the question of the annexation of the
territory described in the petition to the community college
district designated therein be submitted to the voters of
such territory. If such a petition is filed with the State
Board, the State Board shall direct the appropriate regional
superintendent, as determined in the manner provided in
Section 3-4, to certify the proposition to the proper
election authorities, who shall submit to the electorate at a
regular scheduled election in accordance with the general
election law the proposition presented by the petition in the
territory described in the petition. The costs thereof shall
be borne in accordance with Section 3-4.1. If a majority of
the votes cast on the proposition is in favor of the
proposition, the territory shall be annexed in accordance
with the prayer of the petition. Within 30 days after the
referendum, the appropriate regional superintendent shall
make and file with the State Board, with the county clerk of
each county affected, and with the board of the community
college district affected, a map showing the amended
boundaries of the community college district to which the
territory described in the petition has been annexed. If no
petition requesting a referendum on the proposition presented
by the petition is filed with the State Board, the State
Board shall enter an order granting the prayer of the
petition with the county clerk of each county which contains
territory described in the petition and with the board of the
community college district affected. The order by the State
Board shall include a description of the territory to be
annexed and a map of each county affected, showing the
amended boundaries of all community college districts in each
county affected.
This Section is repealed on July 1, 1998.
(Source: P.A. 81-1489.)
(110 ILCS 805/6-7.3) (from Ch. 122, par. 106-7.3)
Sec. 6-7.3. Upon the receipt of a petition filed under
paragraph (c) of Section 6-7 and signed by 1/10 or 500,
whichever is less, of the registered voters of the territory
described in the petition, the State Board shall notify the
board of the community college district designated therein of
the receipt of the petition and shall set the petition for
hearing not sooner than 30 nor more than 90 days from the
date it was filed with the State Board and shall cause notice
of the filing of the petition and of the date, time and place
of the hearing to be published once in one or more newspapers
having a general circulation in the territory described in
the petition and in the community college district designated
in this petition. On such day, or on a day to which the State
Board continues the hearing, the State Board, or a hearing
officer appointed by it, shall hear the petition and
determine its sufficiency under this Article and may adjourn
the hearing from time to time or continue the matter for want
of sufficient notice or for other good cause. The State
Board, or a hearing officer appointed by it, shall hear any
additional evidence as to the educational needs and
conditions of the territory described in the petition, and in
the area within and adjacent to such territory, and, if a
hearing officer is appointed, he shall report a summary of
the testimony to the State Board. At the hearing, any
resident of the territory described in the petition or any
district affected thereby may appear in support of or against
the petition. If the State Board finds the petition to be
insufficient, it shall disapprove the petition. If the State
Board finds the petition to be sufficient, it shall determine
whether the prayer of the petition is in the best interests
of the schools and colleges in the general area and the
educational welfare of the students residing within the
territory and shall either approve or disapprove the
petition. If the prayer of the petition is determined to be
in the best interests of the schools and colleges in the
general area and the educational welfare of the students
residing within the territory described in the petition, the
State Board shall approve the petition. If the State Board
disapproves the petition, no further action shall be taken.
If it approves the petition, the State Board shall direct the
appropriate regional superintendent, as determined in the
manner provided in Section 3-4 of this Act, to certify the
proposition presented by the petition to the proper election
officials who shall submit it to the electors in the
territory described in the petition at a regular scheduled
election in accordance with the general election law.
If a majority of the votes cast on the proposition is in
favor of the proposition, the territory shall be annexed in
accordance with the prayer of the petition. Within 30 days
after the referendum, the regional superintendent having
certified the proposition shall make and file with the State
Board, with the county clerk of each county affected, and
with the board of the community college district affected, a
map showing the amended boundaries of the community college
district to which the territory described in the petition has
been annexed.
This Section is repealed on July 1, 1998.
(Source: P.A. 81-1489.)
(110 ILCS 805/6-7.4) (from Ch. 122, par. 106-7.4)
Sec. 6-7.4. Upon the receipt of a resolution filed under
paragraph (d) of Section 6-7 and duly adopted by the board of
education having jurisdiction over the high school or high
schools which serve the territory described in the
resolution, the State Board shall notify the board of the
community college district designated in the resolution of
the receipt of the resolution and shall cause to be published
once, in one or more newspapers having a general circulation
in the territory described in the resolution, a notice
stating that a resolution has been filed for certain
described territory, stating the prayer of that resolution
and that any person wishing to object to the prayer of that
resolution must file with the State Board within 30 days of
the publication date of the notice a petition signed by 10%
or 25, whichever is less, of the registered voters of that
territory requesting a public hearing on such resolution. In
the event that there are no registered voters in the
territory described in the resolution filed with the State
Board, then any petition requesting a public hearing shall be
signed by the owners of 25% or more of the real property of
that territory. If a petition requesting a public hearing on
the resolution is so filed, the State Board shall set that
resolution for hearing not sooner than 30 nor more than 90
days from the date on which the petition for public hearing
was filed and shall cause notice of the date, time and place
of the hearing to be published once in one or more newspapers
having a general circulation in the territory described in
the resolution and in the community college district
designated in the resolution. On such day, or on a day to
which the State Board continues that hearing, the State
Board, or a hearing officer appointed by it, shall hear the
resolution and determine its sufficiency under this Article
and may adjourn the hearing from time to time or continue the
matter for want of sufficient notice or for other good cause.
The State Board, or a hearing officer appointed by it, shall
hear any additional evidence as to the educational needs and
conditions of the territory described in the resolution and
in the area within and adjacent to such territory. If a
hearing officer is appointed, he shall report a summary of
the testimony to the State Board. At the hearing, any
resident of the territory described in the resolution, or any
district affected thereby, may appear in support of or
against the resolution. If, on the basis of its own study,
or at a public hearing, the State Board finds the resolution
to be insufficient, it shall disapprove the resolution. If,
on the basis of its own study, or at a public hearing, the
State Board finds the resolution to be sufficient, it shall
determine whether the prayer of the resolution is in the best
interests of the schools and colleges in the general area and
the educational welfare of the students residing within the
territory described in the resolution and shall either
approve or disapprove the resolution. If the prayer of the
resolution is determined to be in the best interests of the
schools and colleges in the general area and the educational
welfare of the students residing within the territory
described in the resolution, the State Board shall approve
the resolution. If the State Board disapproves the
resolution, no further action shall be taken.
If the State Board approves the resolution, and if no
public hearing has been held pursuant to this Section, the
State Board shall enter an order granting the prayer of the
resolution with the county clerk of each county which
contains territory described in the resolution and with the
board of the community college district affected. The order
by the State Board shall include a description of the
territory to be annexed and a map of each county affected,
showing the amended boundaries of all community college
districts in each county affected.
If the State Board approves the resolution, and if a
public hearing has been held pursuant to this Section, the
State Board shall cause to be published once in one or more
newspapers having a general circulation in the territory
described in the resolution, a notice stating that the prayer
of that resolution has been approved and that 1/10 or 25,
whichever is less, of the registered voters of the territory
described in the resolution may file with the State Board,
within 30 days of the publication of the notice, a petition
requesting that the question of the annexation of the
territory described in the resolution to the community
college district designated be submitted to the voters of
such territory and the date of the prospective referendum.
The Executive Secretary of the State Board shall provide a
petition form to any individual requesting one. If such a
petition is filed with the State Board, the State Board shall
direct the appropriate regional superintendent, as determined
in the manner provided in Section 3-4 of this Act, to certify
the proposition to the proper election officials, who shall
submit to the electorate at a regular scheduled election in
accordance with the general election law the proposition
presented by the resolution in the territory described in the
resolution. If a majority of the votes cast on that
proposition is in favor of the proposition, the territory
shall be annexed in accordance with the prayer of the
resolution. Within 30 days after the referendum, the
appropriate regional superintendent shall make and file with
the State Board, with the county clerk of each county
affected, and with the board of the community college
district affected, a map showing the amended boundaries of
the community college district to which the territory
described in the resolution has been annexed. If no petition
requesting a referendum on the proposition presented by the
resolution is filed with the State Board, the State Board
shall enter an order granting the prayer of the resolution
with the county clerk of each county which contains territory
described in the resolution and with the board of the
community college district affected. The order by the State
Board shall include a description of the territory to be
annexed and a map of each county affected, showing the
amended boundaries of all community college districts in each
county affected.
This Section is repealed on July 1, 1998.
(Source: P.A. 82-1014.)
(110 ILCS 805/6-7.5) (from Ch. 122, par. 106-7.5)
Sec. 6-7.5. The effective date of the annexation of any
territory to a community college district under Section 6-7
through 6-7.4 is the date of the last official action
necessary to accomplish the annexation under those Sections.
This Section is repealed on July 1, 1998.
(Source: P.A. 79-708.)
Section 5-315. The Baccalaureate Savings Act is amended
by changing Sections 3 and 11 as follows:
(110 ILCS 920/3) (from Ch. 144, par. 2403)
Sec. 3. Definitions. The following terms shall have the
meanings ascribed to them in this Section unless the context
clearly indicates otherwise:
(a) "College Savings Bonds" mean general obligation
bonds of the State issued under the General Obligation Bond
Act in accordance with this Act and designated as General
Obligation College Savings Bonds.
(b) "Institution of Higher Education" includes: The
University of Illinois; Southern Illinois University; Chicago
State University; Eastern Illinois University; Governors
State University; Illinois State University; Northeastern
Illinois University; Northern Illinois University; Western
Illinois University; the public community colleges of the
State; any public universities, colleges and community
colleges now or hereafter established or authorized by the
General Assembly; any nonpublicly supported postsecondary
educational organization located and authorized to operate in
this State which operates privately, not-for-profit.
"Institution of higher education" does not include any
educational organization used for sectarian instruction, as a
place of religious teaching or worship or for any religious
denomination or the training of ministers, priests, rabbis or
other professional persons in the field of religion.
(c) "Authority" means the Baccalaureate Trust Authority.
(Source: P.A. 89-4, eff. 1-1-96.)
(110 ILCS 920/11) (from Ch. 144, par. 2411)
Sec. 11. (a) There is hereby created the Baccalaureate
Trust Authority. The Authority shall consist of 13 members,
8 of whom shall be appointed as follows: the Minority Leader
and Speaker of the House and the President and Minority
Leader of the Senate shall each appoint one, and the Governor
shall appoint 4. The Treasurer of the State, the Executive
Director of the Illinois Board of Higher Education, the
Executive Director of the Illinois Student Assistance
Commission, the Director of the Bureau of the Budget, and the
Director of the Illinois Economic and Fiscal Commission, or
their respective designees shall each be a member. The
Governor and legislative leaders shall give consideration to
selecting members that include representatives from the
following categories: a trustee, director, officer, or
employee of a private institution of higher education; a
person having a favorable reputation for skill, knowledge and
experience in the field of state and municipal finance,
either as a partner, officer or employee of an investment
banking firm which originates and purchases state and
municipal securities, or as an officer or employee of an
insurance company or bank whose duties relate to the purchase
of state and municipal securities as an investment and to the
management and control of a state and municipal securities
portfolio; and a person experienced in and having a favorable
reputation for skill, knowledge and experience in the higher
education loan finance field. The Board of Higher Education
representative shall serve as the chairman. The appointed
members of the Authority first appointed shall serve for
terms expiring on June 30 in 1989, 1990, 1991, 1992, 1993,
1994, 1995 and 1996, respectively, or until their respective
successors have been appointed and have qualified, the
initial term of each such member to be determined by lot.
Upon the expiration of the term of any member his successor
shall be appointed for a term of 6 years and until his
successor has been appointed and has qualified. Any vacancy
shall be filled in the manner of the original appointment for
the remainder of the unexpired term. Any member of the
Authority may be removed by the appointing authority for
misfeasance, malfeasance or wilful neglect of duty or other
cause after notice and a public hearing unless such notice
and hearing shall be expressly waived in writing. Members
shall be compensated for reasonable actual expenses from
funds appropriated to the Illinois Board of Higher Education.
Staff assistance shall be provided to the Authority by the
Illinois Board of Higher Education. The Authority shall meet
at least annually.
(b) The Authority shall have the following
responsibilities:
(1) To make recommendations to the Bureau of the Budget
regarding the marketing of College Savings Bonds to ensure
their broad distribution throughout the State for educational
purposes;
(2) To advise the Bureau of the Budget on an effective
advertising campaign to inform the general public about
College Savings Bonds and their availability;
(3) To advise the Governor and the Director of the
Bureau of the Budget regarding the increments in which to
market the bonds and recommend maturity dates which will make
funds available to purchasers at the time when such funds are
needed for educational purposes;
(4) To advise the Illinois Student Assistance Commission
regarding additional financial incentives as provided in this
Act;
(5) To advise the Bureau of the Budget on limits that
may be imposed on the amount of College Savings Bonds that
may be purchased by individual households;
(6) To advise the Bureau of the Budget on the minimum
denominations to market the College Savings Bonds so that
they are affordable by individuals;
(7) To evaluate the feasibility of staggered or periodic
forms of payments for College Savings Bonds, and to advise
the Bureau of the Budget regarding such evaluation;
(8) After the initial sale of College Savings Bonds, to
assess the effectiveness of the program and recommend
constructive changes to the Bureau of the Budget regarding
future bond sales;
(9) To study and review alternative investment
instruments with respect to their suitability for a college
savings program;
(10) To make recommendations to the General Assembly
regarding statutory changes that it deems to be necessary or
desirable.
(c) This Section is repealed on July 1, 1998.
(Source: P.A. 86-168; 86-792; 86-1028.)
Section 5-316. The Higher Education Student Assistance
Act is amended by changing Section 30 as follows:
(110 ILCS 947/30)
Sec. 30. Merit recognition scholarship program.
(a) As used in this Section:
"Eligible applicant" means a student from any
approved high school located in this State whose 7th
semester cumulative high school grade point average is at
or above the 95th percentile, or 90th percentile with
respect to students who graduated from such an approved
high school during the 1986-1987 or 1987-1988 school
year, of his or her high school class, and who by reason
thereof is entitled to apply for scholarships to be
awarded under this Section.
"Qualified student" means a person: (i) of good
moral character who is a resident of this State and a
citizen or permanent resident of the United States, (ii)
who, as an eligible applicant, has made a timely
application for a merit recognition scholarship under
this Section, (iii) who has successfully completed the
program of instruction at any approved high school
located in this State, and (iv) who enrolls or is
enrolled in a qualified Illinois institution of higher
learning or a Service Academy as an undergraduate student
or cadet and has not received a baccalaureate degree.
"Merit recognition scholarship" means a $1,000
academic scholarship awarded under this Section during an
academic year to a qualified student, without regard to
financial need, as a scholarship to any qualified
Illinois institution of higher learning or a Service
Academy in which that student is or will be enrolled as
an undergraduate student or cadet, except that a merit
recognition scholarship awarded under subsection (k)
shall be in the amount of $500.
"Service Academy" means the U.S. Air Force Academy,
the U.S. Coast Guard Academy, the U.S. Military Academy,
or the U.S. Naval Academy.
(b) In order to identify, encourage, promote, and reward
the distinguished academic achievement of students from every
approved high school located in this State, each qualified
student shall be awarded a merit recognition scholarship to
any qualified Illinois institution of higher learning or to
any Service Academy.
(c) No merit recognition scholarship provided for a
qualified student under this Section shall be considered in
evaluating the financial situation of that student, or be
deemed a financial resource of or a form of financial aid or
assistance to that student, for purposes of determining the
eligibility of the student for any scholarship, grant, or
monetary assistance awarded by the Commission, the State or
any agency thereof pursuant to the provisions of any other
Section of this Act or any other law of this State; nor shall
any merit recognition scholarship provided for a qualified
student under this Section reduce the amount of any
scholarship, grant, or monetary assistance which that student
is eligible to be awarded by the Commission, the State, or
any agency thereof in accordance with the provisions of any
other Section of this Act or any other law of this State.
(d) Each approved high school located in this State
shall certify to the Commission the names of its students who
are eligible applicants, specifying which of the students
certified as eligible applicants have completed the program
of instruction at that high school and the graduation date
fixed for their high school class, and specifying for each of
the other eligible applicants whose names appear on the
certification the semester of high school last completed by
them. The Commission shall promptly notify those eligible
applicants so certified who are reasonably assured of
receiving a Merit Recognition Scholarship in accordance with
the annual funding levels recommended in the Governor's
Budget -- other than any eligible applicant named on any such
certification who, as an eligible applicant, has previously
made application to the Commission for a merit recognition
scholarship under this Section -- of their eligibility to
apply for a scholarship under this Section. An otherwise
eligible applicant who fails to make a timely application (as
determined by the Commission) for a merit recognition
scholarship under this Section shall no longer be deemed an
eligible applicant and shall not qualify for the award of any
merit recognition scholarship.
(e) All applications for merit recognition scholarships
to be awarded under this Section shall be made to the
Commission on forms which the Commission shall provide for
eligible applicants. The form of applications and the
information required to be set forth therein shall be
determined by the Commission, and the Commission shall
require eligible applicants to submit with their applications
such supporting documents or recommendations as the
Commission deems necessary.
(f) Whenever an eligible applicant who has completed the
program of instruction at any approved high school located in
this State thereafter makes timely application to the
Commission for a merit recognition scholarship under this
Section, the Commission shall promptly determine whether that
eligible applicant is a qualified student as defined in
subsection (a) of this Section. Each such eligible applicant
so determined by the Commission to be a qualified student
shall be designated as such by the Commission and, except as
otherwise provided under subsection (k), shall be awarded a
merit recognition scholarship in the amount of $1,000,
effective during the academic year following the qualified
student's high school graduation or, should the General
Assembly specifically so provide in an appropriation under
this Section, effective for a subsequent academic year.
(g) Subject to a separate appropriation for purposes, of
this Section other than subsection (k), and subject to a
separate appropriation for purposes of subsection (k),
payment of any merit recognition scholarship awarded under
this Section shall be determined by the Commission. All
scholarship funds distributed in accordance with this
subsection or subsection (k) shall be paid to the qualified
Illinois institution of higher learning or Service Academy
and used only for payment of the educational expenses
incurred by the student in connection with his or her
attendance as an undergraduate student or cadet at that
institution or Service Academy, including but not limited to
tuition and fees, room and board, books and supplies,
required Service Academy uniforms, and travel and personal
expenses related to the student's attendance at that
institution or Service Academy. Any merit recognition
scholarship awarded under this Section shall be applicable to
2 semesters or 3 quarters of enrollment. Should a qualified
student withdraw from enrollment prior to completion of the
first semester or quarter for which the merit recognition
scholarship is applicable, the student shall refund to the
Commission the full amount of the merit recognition
scholarship.
(h) The Commission shall administer the merit
recognition scholarship aid program established by this
Section and shall make all necessary and proper rules, not
inconsistent with this Section, for its effective
implementation.
(i) When an appropriation to the Commission for purposes
of this Section other than for purposes of subsection (k) is
insufficient to provide scholarships to all qualified
students (excluding qualified students under subsection (k)),
the Commission shall allocate the appropriation in accordance
with this subsection. If funds are insufficient to provide
all qualified students (excluding qualified students under
subsection (k)), with a scholarship as authorized by
subsection (f), the Commission shall allocate the
scholarships to qualified students (excluding qualified
students under subsection (k)) in order of decreasing
percentile as determined by the eligible applicant's
cumulative grade point average. All merit recognition
scholarships, other than merit recognition scholarships
awarded under subsection (k), shall be in the amount of
$1,000.
(j) The Commission, in determining the number of
scholarships to be offered pursuant to subsection (i), shall
take into consideration past experience with the rate of
scholarship funds unclaimed by qualified students. To the
extent necessary to avoid an overcommitment of funds, the
Commission may allocate scholarship funds on the basis of the
date the Commission receives a complete application form.
(k) (Blank). A $500 merit recognition scholarship shall
be awarded under this subsection to those qualified students
graduating from any approved high school located in this
Section whose 7th semester cumulative high school grade point
average was at or above the 90th percentile of their high
school class and who graduated from any such high school
during the 1986-1987 or 1987-1988 school year and have not
already received an initial award under this Section due to
insufficient appropriations. Funds for merit recognition
scholarships awarded under this subsection shall be provided
by a separate appropriation made for purposes of this
subsection. If the funds so appropriated are insufficient to
provide all qualified students under this subsection with an
initial award, the Commission shall allocate the merit
recognition scholarships awarded under this subsection to
those qualified students in order of decreasing percentile as
determined by their 7th semester cumulative high school grade
point average.
(Source: P.A. 87-997; 88-69; 88-203; 88-670, eff. 12-2-94.)
Section 5-317. The Illinois Hospital Construction Act is
amended by adding Section 7.1 as follows:
(210 ILCS 75/7.1 new)
Sec. 7.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-320. The Illinois Insurance Code is amended by
changing Sections 132.2, 355a, 512-3, and 1003 and adding
Section 488.2 as follows:
(215 ILCS 5/132.2) (from Ch. 73, par. 744.2)
Sec. 132.2. Definitions. As used in Sections 132.1
through 132.7, the terms set forth in this Section have the
following meanings:
"Company" means any person engaging in or proposing or
attempting to engage in any transaction or kind of insurance
or surety business and any person or group of persons who may
otherwise be subject to the administrative, regulatory, or
taxing authority of the Director.
"Examiner" means any individual or firm having been
authorized by the Director to conduct an examination under
this Code.
"Insurer" means any company licensed or authorized by the
Director to provide any insurance contracts whether by
indemnity, guaranty, suretyship, or otherwise; including, but
not limited to, those companies licensed or authorized by the
Director under the following Acts:
(1) The Voluntary Health Services Plans Act.
(2) The Vision Service Plan Act.
(3) The Dental Service Plan Act.
(4) (Blank). The Pharmaceutical Service Plan Act.
(5) The Farm Mutual Insurance Company Act of 1986.
(6) The Limited Health Service Organization Act.
(7) The Health Maintenance Organization Act.
"Person" means any individual, aggregation of
individuals, trust, association, partnership, or corporation,
or any affiliate thereof.
(Source: P.A. 87-108.)
(215 ILCS 5/355a) (from Ch. 73, par. 967a)
Sec. 355a. (1) The purpose of this Section shall be (a)
to provide reasonable standardization and simplification of
terms and coverages of individual accident and health
insurance policies to facilitate public understanding and
comparisons; (b) to eliminate provisions contained in
individual accident and health insurance policies which may
be misleading or unreasonably confusing in connection either
with the purchase of such coverages or with the settlement of
claims; and (c) to provide for reasonable disclosure in the
sale of accident and health coverages.
(2) Definitions applicable to this Section are as
follows:
(a) "Policy" means all or any part of the forms
constituting the contract between the insurer and the
insured, including the policy, certificate, subscriber
contract, riders, endorsements, and the application if
attached, which are subject to filing with and approval by
the Director.
(b) "Service corporations" means non-profit hospital,
medical, voluntary health, vision, dental, and pharmaceutical
corporations organized and operating respectively under "The
Non-Profit Hospital Service Plan Act", "The Medical Service
Plan Act", "The Voluntary Health Services Plans Act", "The
Vision Service Plan Act", and "The Dental Service Plan Act",
and "The Pharmaceutical Service Plan Act".
(c) "Accident and health insurance" means insurance
written under Article XX of the Insurance Code, other than
credit accident and health insurance, and coverages provided
in subscriber contracts issued by service corporations. For
purposes of this Section such service corporations shall be
deemed to be insurers engaged in the business of insurance.
(3) The Director shall issue such rules as he shall deem
necessary or desirable to establish specific standards,
including standards of full and fair disclosure that set
forth the form and content and required disclosure for sale,
of individual policies of accident and health insurance,
which rules and regulations shall be in addition to and in
accordance with the applicable laws of this State, and which
may cover but shall not be limited to: (a) terms of
renewability; (b) initial and subsequent conditions of
eligibility; (c) non-duplication of coverage provisions; (d)
coverage of dependents; (e) pre-existing conditions; (f)
termination of insurance; (g) probationary periods; (h)
limitation, exceptions, and reductions; (i) elimination
periods; (j) requirements regarding replacements; (k)
recurrent conditions; and (l) the definition of terms
including but not limited to the following: hospital,
accident, sickness, injury, physician, accidental means,
total disability, partial disability, nervous disorder,
guaranteed renewable, and non-cancellable.
The Director may issue rules that specify prohibited
policy provisions not otherwise specifically authorized by
statute which in the opinion of the Director are unjust,
unfair or unfairly discriminatory to the policyholder, any
person insured under the policy, or beneficiary.
(4) The Director shall issue such rules as he shall deem
necessary or desirable to establish minimum standards for
benefits under each category of coverage in individual
accident and health policies, other than conversion policies
issued pursuant to a contractual conversion privilege under a
group policy, including but not limited to the following
categories: (a) basic hospital expense coverage; (b) basic
medical-surgical expense coverage; (c) hospital confinement
indemnity coverage; (d) major medical expense coverage; (e)
disability income protection coverage; (f) accident only
coverage; and (g) specified disease or specified accident
coverage.
Nothing in this subsection (4) shall preclude the
issuance of any policy which combines two or more of the
categories of coverage enumerated in subparagraphs (a)
through (f) of this subsection.
No policy shall be delivered or issued for delivery in
this State which does not meet the prescribed minimum
standards for the categories of coverage listed in this
subsection unless the Director finds that such policy is
necessary to meet specific needs of individuals or groups and
such individuals or groups will be adequately informed that
such policy does not meet the prescribed minimum standards,
and such policy meets the requirement that the benefits
provided therein are reasonable in relation to the premium
charged. The standards and criteria to be used by the
Director in approving such policies shall be included in the
rules required under this Section with as much specificity as
practicable.
The Director shall prescribe by rule the method of
identification of policies based upon coverages provided.
(5) (a) In order to provide for full and fair disclosure
in the sale of individual accident and health insurance
policies, no such policy shall be delivered or issued for
delivery in this State unless the outline of coverage
described in paragraph (b) of this subsection either
accompanies the policy, or is delivered to the applicant at
the time the application is made, and an acknowledgment
signed by the insured, of receipt of delivery of such
outline, is provided to the insurer. In the event the policy
is issued on a basis other than that applied for, the outline
of coverage properly describing the policy must accompany the
policy when it is delivered and such outline shall clearly
state that the policy differs, and to what extent, from that
for which application was originally made. All policies,
except single premium nonrenewal policies, shall have a
notice prominently printed on the first page of the policy or
attached thereto stating in substance, that the policyholder
shall have the right to return the policy within ten (10)
days of its delivery and to have the premium refunded if
after examination of the policy the policyholder is not
satisfied for any reason.
(b) The Director shall issue such rules as he shall deem
necessary or desirable to prescribe the format and content of
the outline of coverage required by paragraph (a) of this
subsection. "Format" means style, arrangement, and overall
appearance, including such items as the size, color, and
prominence of type and the arrangement of text and captions.
"Content" shall include without limitation thereto,
statements relating to the particular policy as to the
applicable category of coverage prescribed under subsection
4; principal benefits; exceptions, reductions and
limitations; and renewal provisions, including any
reservation by the insurer of a right to change premiums.
Such outline of coverage shall clearly state that it
constitutes a summary of the policy issued or applied for and
that the policy should be consulted to determine governing
contractual provisions.
(6) Prior to the issuance of rules pursuant to this
Section, the Director shall afford the public, including the
companies affected thereby, reasonable opportunity for
comment. Such rulemaking is subject to the provisions of
"The Illinois Administrative Procedure Act".
(7) When a rule has been adopted, pursuant to this
Section, all policies of insurance or subscriber contracts
which are not in compliance with such rule shall, when so
provided in such rule, be deemed to be disapproved as of a
date specified in such rule not less than 120 days following
its effective date, without any further or additional notice
other than the adoption of the rule.
(8) When a rule adopted pursuant to this Section so
provides, a policy of insurance or subscriber contract which
does not comply with the rule shall not less than 120 days
from the effective date of such rule, be construed, and the
insurer or service corporation shall be liable, as if the
policy or contract did comply with the rule.
(9) Violation of any rule adopted pursuant to this
Section shall be a violation of the insurance law for
purposes of Sections 370 and 446 of the Insurance Code.
(Source: P.A. 81-0657; 81-0722; 81-1509.)
(215 ILCS 5/488.2 new)
Sec. 488.2. Repeal. This Article XXX 1/2 is repealed on
July 1, 1998.
(215 ILCS 5/512-3) (from Ch. 73, par. 1065.59-3)
Sec. 512-3. Definitions. For the purposes of this
Article, unless the context otherwise requires, the terms
defined in this Article have the meanings ascribed to them
herein:
(a) "Third party prescription program" or "program"
means any system of providing for the reimbursement of
pharmaceutical services and prescription drug products
offered or operated in this State under a contractual
arrangement or agreement between a provider of such services
and another party who is not the consumer of those services
and products, except for Pharmaceutical Service Plans as
defined by Section 4 of the Pharmaceutical Service Plan Act.
Such programs may include, but need not be limited to,
employee benefit plans whereby a consumer receives
prescription drugs or other pharmaceutical services and those
services are paid for by an agent of the employer or others.
(b) "Third party program administrator" or
"administrator" means any person, partnership or corporation
who issues or causes to be issued any payment or
reimbursement to a provider for services rendered pursuant to
a third party prescription program, but does not include the
Director of Public Aid or any agent authorized by the
Director to reimburse a provider of services rendered
pursuant to a program of which the Department of Public Aid
is the third party, or any Pharmaceutical Service Plan
Corporation as defined by Section 3 of the Pharmaceutical
Plan Act.
(Source: P.A. 82-1005.)
(215 ILCS 5/1003) (from Ch. 73, par. 1065.703)
Sec. 1003. Definitions. As used in this Article: (A)
"Adverse underwriting decision" means:
(1) any of the following actions with respect to
insurance transactions involving insurance coverage which is
individually underwritten:
(a) a declination of insurance coverage,
(b) a termination of insurance coverage,
(c) failure of an agent to apply for insurance coverage
with a specific insurance institution which the agent
represents and which is requested by an applicant,
(d) in the case of a property or casualty insurance
coverage:
(i) placement by an insurance institution or agent of a
risk with a residual market mechanism, an unauthorized
insurer or an insurance institution which specializes in
substandard risks, or
(ii) the charging of a higher rate on the basis of
information which differs from that which the applicant or
policyholder furnished, or
(e) in the case of life, health or disability insurance
coverage, an offer to insure at higher than standard rates.
(2) Notwithstanding paragraph (1) above, the following
actions shall not be considered adverse underwriting
decisions but the insurance institution or agent responsible
for their occurrence shall nevertheless provide the applicant
or policyholder with the specific reason or reasons for their
occurrence:
(a) the termination of an individual policy form on a
class or statewide basis,
(b) a declination of insurance coverage solely because
such coverage is not available on a class or statewide basis,
or
(c) the rescission of a policy.
(B) "Affiliate" or "affiliated" means a person that
directly, or indirectly through one or more intermediaries,
controls, is controlled by or is under common control with
another person.
(C) "Agent" means an individual, firm, partnership,
association or corporation who is involved in the
solicitation, negotiation or binding of coverages for or on
applications or policies of insurance, covering property or
risks located in this State. For the purposes of this
Article, both "Insurance Agent" and "Insurance Broker", as
defined in Section 490, shall be considered an agent.
(D) "Applicant" means any person who seeks to contract
for insurance coverage other than a person seeking group
insurance that is not individually underwritten.
(E) "Director" means the Director of Insurance.
(F) "Consumer report" means any written, oral or other
communication of information bearing on a natural person's
credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics or
mode of living which is used or expected to be used in
connection with an insurance transaction.
(G) "Consumer reporting agency" means any person who:
(1) regularly engages, in whole or in part, in the
practice of assembling or preparing consumer reports for a
monetary fee,
(2) obtains information primarily from sources other than
insurance institutions, and
(3) furnishes consumer reports to other persons.
(H) "Control", including the terms "controlled by" or
"under common control with", means the possession, direct or
indirect, of the power to direct or cause the direction of
the management and policies of a person, whether through the
ownership of voting securities, by contract other than a
commercial contract for goods or nonmanagement services, or
otherwise, unless the power is the result of an official
position with or corporate office held by the person.
(I) "Declination of insurance coverage" means a denial,
in whole or in part, by an insurance institution or agent of
requested insurance coverage.
(J) "Individual" means any natural person who:
(1) in the case of property or casualty insurance, is a
past, present or proposed named insured or certificateholder;
(2) in the case of life, health or disability insurance,
is a past, present or proposed principal insured or
certificateholder;
(3) is a past, present or proposed policyowner;
(4) is a past or present applicant;
(5) is a past or present claimant; or
(6) derived, derives or is proposed to derive insurance
coverage under an insurance policy or certificate subject to
this Article.
(K) "Institutional source" means any person or
governmental entity that provides information about an
individual to an agent, insurance institution or
insurance-support organization, other than:
(1) an agent,
(2) the individual who is the subject of the
information, or
(3) a natural person acting in a personal capacity
rather than in a business or professional capacity.
(L) "Insurance institution" means any corporation,
association, partnership, reciprocal exchange, inter-insurer,
Lloyd's insurer, fraternal benefit society or other person
engaged in the business of insurance, health maintenance
organizations as defined in Section 2 of the "Health
Maintenance Organization Act", medical service plans as
defined in Section 2 of "The Medical Service Plan Act",
hospital service corporation under "The Nonprofit Health Care
Service Plan Act", voluntary health services plans as defined
in Section 2 of "The Voluntary Health Services Plans Act",
vision service plans as defined in Section 2 of "The Vision
Service Plan Act", and dental service plans as defined in
Section 4 of "The Dental Service Plan Act", and
pharmaceutical service plans as defined in Section 4 of "The
Pharmaceutical Service Plan Act". "Insurance institution"
shall not include agents or insurance-support organizations.
(M) "Insurance-support organization" means: (1) any
person who regularly engages, in whole or in part, in the
practice of assembling or collecting information about
natural persons for the primary purpose of providing the
information to an insurance institution or agent for
insurance transactions, including:
(a) the furnishing of consumer reports or investigative
consumer reports to an insurance institution or agent for use
in connection with an insurance transaction, or
(b) the collection of personal information from
insurance institutions, agents or other insurance-support
organizations for the purpose of detecting or preventing
fraud, material misrepresentation or material nondisclosure
in connection with insurance underwriting or insurance claim
activity.
(2) Notwithstanding paragraph (1) above, the following
persons shall not be considered "insurance-support
organizations" for purposes of this Article: agents,
government institutions, insurance institutions, medical care
institutions and medical professionals.
(N) "Insurance transaction" means any transaction
involving insurance primarily for personal, family or
household needs rather than business or professional needs
which entails:
(1) the determination of an individual's eligibility for
an insurance coverage, benefit or payment, or
(2) the servicing of an insurance application, policy,
contract or certificate.
(O) "Investigative consumer report" means a consumer
report or portion thereof in which information about a
natural person's character, general reputation, personal
characteristics or mode of living is obtained through
personal interviews with the person's neighbors, friends,
associates, acquaintances or others who may have knowledge
concerning such items of information.
(P) "Medical-care institution" means any facility or
institution that is licensed to provide health care services
to natural persons, including but not limited to: hospitals,
skilled nursing facilities, home-health agencies, medical
clinics, rehabilitation agencies and public-health agencies
and health-maintenance organizations.
(Q) "Medical professional" means any person licensed or
certified to provide health care services to natural
persons, including but not limited to, a physician, dentist,
nurse, optometrist, chiropractor, pharmacist, physical or
occupational therapist, psychiatric social worker, speech
therapist, clinical dietitian or clinical psychologist.
(R) "Medical-record information" means personal
information which:
(1) relates to an individual's physical or mental
condition, medical history or medical treatment, and
(2) is obtained from a medical professional or
medical-care institution, from the individual, or from the
individual's spouse, parent or legal guardian.
(S) "Person" means any natural person, corporation,
association, partnership or other legal entity.
(T) "Personal information" means any individually
identifiable information gathered in connection with an
insurance transaction from which judgments can be made about
an individual's character, habits, avocations, finances,
occupation, general reputation, credit, health or any other
personal characteristics. "Personal information" includes an
individual's name and address and "medical-record
information" but does not include "privileged information".
(U) "Policyholder" means any person who:
(1) in the case of individual property or casualty
insurance, is a present named insured;
(2) in the case of individual life, health or disability
insurance, is a present policyowner; or
(3) in the case of group insurance which is individually
underwritten, is a present group certificateholder.
(V) "Pretext interview" means an interview whereby a
person, in an attempt to obtain information about a natural
person, performs one or more of the following acts:
(1) pretends to be someone he or she is not,
(2) pretends to represent a person he or she is not in
fact representing,
(3) misrepresents the true purpose of the interview, or
(4) refuses to identify himself or herself upon request.
(W) "Privileged information" means any individually
identifiable information that: (1) relates to a claim for
insurance benefits or a civil or criminal proceeding
involving an individual, and (2) is collected in connection
with or in reasonable anticipation of a claim for insurance
benefits or civil or criminal proceeding involving an
individual; provided, however, information otherwise meeting
the requirements of this subsection shall nevertheless be
considered "personal information" under this Article if it is
disclosed in violation of Section 1014 of this Article.
(X) "Residual market mechanism" means an association,
organization or other entity described in Article XXXIII of
this Act, or Section 7-501 of "The Illinois Vehicle Code".
(Y) "Termination of insurance coverage" or "termination
of an insurance policy" means either a cancellation or
nonrenewal of an insurance policy, in whole or in part, for
any reason other than the failure to pay a premium as
required by the policy.
(Z) "Unauthorized insurer" means an insurance institution
that has not been granted a certificate of authority by the
Director to transact the business of insurance in this State.
(Source: P.A. 82-108.)
Section 5-325. The Health Maintenance Organization Act
is amended by changing Sections 1-2, 5-3, and 5-6 as follows:
(215 ILCS 125/1-2) (from Ch. 111 1/2, par. 1402)
Sec. 1-2. Definitions. As used in this Act, unless the
context otherwise requires, the following terms shall have
the meanings ascribed to them:
(1) "Advertisement" means any printed or published
material, audiovisual material and descriptive literature of
the health care plan used in direct mail, newspapers,
magazines, radio scripts, television scripts, billboards and
similar displays; and any descriptive literature or sales
aids of all kinds disseminated by a representative of the
health care plan for presentation to the public including,
but not limited to, circulars, leaflets, booklets,
depictions, illustrations, form letters and prepared sales
presentations.
(2) "Director" means the Director of Insurance.
(3) "Basic Health Care Services" means emergency care,
and inpatient hospital and physician care, outpatient medical
services, mental health services and care for alcohol and
drug abuse, including any reasonable deductibles and
co-payments, all of which are subject to such limitations as
are determined by the Director pursuant to rule.
(4) "Enrollee" means an individual who has been enrolled
in a health care plan.
(5) "Evidence of Coverage" means any certificate,
agreement, or contract issued to an enrollee setting out the
coverage to which he is entitled in exchange for a per capita
prepaid sum.
(6) "Group Contract" means a contract for health care
services which by its terms limits eligibility to members of
a specified group.
(7) "Health Care Plan" means any arrangement whereby any
organization undertakes to provide or arrange for and pay for
or reimburse the cost of basic health care services from
providers selected by the Health Maintenance Organization and
such arrangement consists of arranging for or the provision
of such health care services, as distinguished from mere
indemnification against the cost of such services, except as
otherwise authorized by Section 2-3 of this Act, on a per
capita prepaid basis, through insurance or otherwise. A
"health care plan" also includes any arrangement whereby an
organization undertakes to provide or arrange for or pay for
or reimburse the cost of any health care service for persons
who are enrolled in the integrated health care program
established under Section 5-16.3 of the Illinois Public Aid
Code through providers selected by the organization and the
arrangement consists of making provision for the delivery of
health care services, as distinguished from mere
indemnification. Nothing in this definition, however,
affects the total medical services available to persons
eligible for medical assistance under the Illinois Public Aid
Code.
(8) "Health Care Services" means any services included
in the furnishing to any individual of medical or dental
care, or the hospitalization or incident to the furnishing of
such care or hospitalization as well as the furnishing to any
person of any and all other services for the purpose of
preventing, alleviating, curing or healing human illness or
injury.
(9) "Health Maintenance Organization" means any
organization formed under the laws of this or another state
to provide or arrange for one or more health care plans under
a system which causes any part of the risk of health care
delivery to be borne by the organization or its providers.
(10) "Net Worth" means admitted assets, as defined in
Section 1-3 of this Act, minus liabilities.
(11) "Organization" means any insurance company, or a
nonprofit corporation authorized under the Medical Service
Plan Act, the Dental Service Plan Act, the Vision Service
Plan Act, the Pharmaceutical Service Plan Act, the Voluntary
Health Services Plans Act or the Non-profit Health Care
Service Plan Act, or a corporation organized under the laws
of this or another state for the purpose of operating one or
more health care plans and doing no business other than that
of a Health Maintenance Organization or an insurance company.
Organization shall also mean the University of Illinois
Hospital as defined in the University of Illinois Hospital
Act.
(12) "Provider" means any physician, hospital facility,
or other person which is licensed or otherwise authorized to
furnish health care services and also includes any other
entity that arranges for the delivery or furnishing of health
care service.
(13) "Producer" means a person directly or indirectly
associated with a health care plan who engages in
solicitation or enrollment.
(14) "Per capita prepaid" means a basis of prepayment by
which a fixed amount of money is prepaid per individual or
any other enrollment unit to the Health Maintenance
Organization or for health care services which are provided
during a definite time period regardless of the frequency or
extent of the services rendered by the Health Maintenance
Organization, except for copayments and deductibles and
except as provided in subsection (f) of Section 5-3 of this
Act.
(15) "Subscriber" means a person who has entered into a
contractual relationship with the Health Maintenance
Organization for the provision of or arrangement of at least
basic health care services to the beneficiaries of such
contract.
(Source: P.A. 88-554, eff. 7-26-94; 89-90, eff. 6-30-95.)
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, 154.7, 154.8, 155.04, 355.2, 356m, 367i, 401, 401.1,
402, 403, 403A, 408, 408.2, and 412, paragraph (c) of
subsection (2) of Section 367, and Articles VIII 1/2, XII,
XII 1/2, XIII, XIII 1/2, and XXVI of the Illinois Insurance
Code.
(b) For purposes of the Illinois Insurance Code, except
for Articles XIII and XIII 1/2, Health Maintenance
Organizations in the following categories are deemed to be
"domestic companies":
(1) a corporation authorized under the Medical
Service Plan Act, the Dental Service Plan Act, the Vision
Service Plan Act, the Pharmaceutical Service Plan Act,
the Voluntary Health Services Plan Act, or the Nonprofit
Health Care Service Plan Act;
(2) a corporation organized under the laws of this
State; or
(3) a corporation organized under the laws of
another state, 30% or more of the enrollees of which are
residents of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a "domestic company" under Article
VIII 1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration
to the continuation of benefits to enrollees and the
financial conditions of the acquired Health Maintenance
Organization after the merger, consolidation, or other
acquisition of control takes effect;
(2)(i) the criteria specified in subsection (1)(b)
of Section 131.8 of the Illinois Insurance Code shall not
apply and (ii) the Director, in making his determination
with respect to the merger, consolidation, or other
acquisition of control, need not take into account the
effect on competition of the merger, consolidation, or
other acquisition of control;
(3) the Director shall have the power to require
the following information:
(A) certification by an independent actuary of
the adequacy of the reserves of the Health
Maintenance Organization sought to be acquired;
(B) pro forma financial statements reflecting
the combined balance sheets of the acquiring company
and the Health Maintenance Organization sought to be
acquired as of the end of the preceding year and as
of a date 90 days prior to the acquisition, as well
as pro forma financial statements reflecting
projected combined operation for a period of 2
years;
(C) a pro forma business plan detailing an
acquiring party's plans with respect to the
operation of the Health Maintenance Organization
sought to be acquired for a period of not less than
3 years; and
(D) such other information as the Director
shall require.
(d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale
by any health maintenance organization of greater than 10% of
its enrollee population (including without limitation the
health maintenance organization's right, title, and interest
in and to its health care certificates).
(e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code,
take into account the effect of the management contract or
service agreement on the continuation of benefits to
enrollees and the financial condition of the health
maintenance organization to be managed or serviced, and (ii)
need not take into account the effect of the management
contract or service agreement on competition.
(f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a
Health Maintenance Organization may by contract agree with a
group or other enrollment unit to effect refunds or charge
additional premiums under the following terms and conditions:
(i) the amount of, and other terms and conditions
with respect to, the refund or additional premium are set
forth in the group or enrollment unit contract agreed in
advance of the period for which a refund is to be paid or
additional premium is to be charged (which period shall
not be less than one year); and
(ii) the amount of the refund or additional premium
shall not exceed 20% of the Health Maintenance
Organization's profitable or unprofitable experience with
respect to the group or other enrollment unit for the
period (and, for purposes of a refund or additional
premium, the profitable or unprofitable experience shall
be calculated taking into account a pro rata share of the
Health Maintenance Organization's administrative and
marketing expenses, but shall not include any refund to
be made or additional premium to be paid pursuant to this
subsection (f)). The Health Maintenance Organization and
the group or enrollment unit may agree that the
profitable or unprofitable experience may be calculated
taking into account the refund period and the immediately
preceding 2 plan years.
The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and
the resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay
any refund authorized under this Section.
(Source: P.A. 88-313; 89-90, eff. 6-30-95.)
(215 ILCS 125/5-6) (from Ch. 111 1/2, par. 1414)
Sec. 5-6. Supervision of rehabilitation, liquidation or
conservation by the Director.
(a) For purposes of the rehabilitation, liquidation or
conservation of a health maintenance organization, the
operation of a health maintenance organization in this State
constitutes a form of insurance protection which should be
governed by the same provisions governing the rehabilitation,
liquidation or conservation of insurance companies. Any
rehabilitation, liquidation or conservation of a Health
Maintenance Organization shall be based upon the grounds set
forth in and subject to the provisions of the laws of this
State regarding the rehabilitation, liquidation, or
conservation of an insurance company and shall be conducted
under the supervision of the Director. Insolvency, as a
ground for rehabilitation, liquidation, or conservation of a
Health Maintenance Organization, shall be recognized when a
Health Maintenance Organization cannot be expected to satisfy
its financial obligations when such obligations are to become
due or when the Health Maintenance Organization has neglected
to correct within the time prescribed by subsection (c) of
Section 2-4, a deficiency occurring due to such
organization's prescribed minimum net worth or special
contingent reserve being impaired. For purpose of
determining the priority of distribution of general assets,
claims of enrollees and enrollees' beneficiaries shall have
the same priority as established by Section 205 of the
Illinois Insurance Code for policyholders and beneficiaries
of insureds of insurance companies. If an enrollee is liable
to any provider for services provided pursuant to and covered
by the health care plan, that liability shall have the status
of an enrollee claim for distribution of general assets.
Any provider who is obligated by statute or agreement to
hold enrollees harmless from liability for services provided
pursuant to and covered by a health care plan shall have a
priority of distribution of the general assets immediately
following that of enrollees and enrollees' beneficiaries as
described herein, and immediately preceding the priority of
distribution described in paragraph (e) of subsection (1) of
Section 205 of the Illinois Insurance Code.
(b) For purposes of Articles XIII and XIII-1/2 of the
Illinois Insurance Code, organizations in the following
categories shall be deemed to be a "domestic company" and a
"domiciliary company":
(i) a corporation authorized under the Medical
Service Plan Act, the Dental Service Plan Act, the Vision
Service Plan Act, the Pharmaceutical Service Plan Act,
the Voluntary Health Services Plans Act or the Non-Profit
Health Care Service Plan Act;
(ii) a corporation organized under the laws of this
State; or
(iii) a corporation organized under the laws of
another state, 20% or more of the enrollees of which are
residents of this State, except where such a corporation
is, in its state of incorporation, subject to
rehabilitation, liquidation and conservation under the
laws relating to insurance companies.
(c) In the event of the insolvency of a health
maintenance organization, no enrollee of such organization
shall be liable to any provider for medical services rendered
by such provider, except for applicable co-payments or
deductibles for covered services or fees for services not
covered by the health maintenance organization, with respect
to the amounts such provider is not paid by the Association
pursuant to the provisions of Section 6-8 (8)(b) and (c).
No provider, whether or not the provider is obligated by
statute or agreement to hold enrollees harmless from
liability, shall seek to recover any such amount from any
enrollee until the Association has made a final determination
of its liability (or the resolution of any dispute or
litigation resulting therefrom) with respect to the matters
specified in such provisions. In the event that the provider
seeks to recover such amounts before the Association's final
determination of its liability (or the resolution of any
dispute or litigation resulting therefrom), the provider
shall be liable for all reasonable costs and attorney fees
incurred by the Director or the Association in enforcing this
provision or any court orders related hereto.
(Source: P.A. 88-297; 89-206, eff. 7-21-95.)
Section 5-330. The Pharmaceutical Service Plan Act is
amended by adding Section 46.1 as follows:
(215 ILCS 135/46.1 new)
Sec. 46.1. Repeal. This Act is repealed on July 1,
1998.
Section 5-331. The Public Utilities Act is amended by
changing Sections 7-202, 11-302, and 13-301.1 as follows:
(220 ILCS 5/7-202) (from Ch. 111 2/3, par. 7-202)
Sec. 7-202. If a corporation incorporated under the laws
of a foreign state shall petition the Commission for
authorization to acquire by purchase, lease, merger,
consolidation or otherwise all or substantially all the
franchises, licenses, permits, plants, equipment, business or
other property of a public utility incorporated under the
laws of Illinois, whose capital stock is subject to
assessment under the provisions of the General Revenue Law of
Illinois, the Commission shall impose, as a condition to such
acquisition, payment annually by such foreign corporation,
its successors or assigns, of an amount equal to the amount
of taxes legally extended against the assessed valuation of
the capital stock of such Illinois public utility in the year
immediately preceding the year in which such acquisition
occurs. Such annual payment shall be in addition to any other
fees and taxes required by law. If such acquisition occurs
prior to April 1 in any year, the first such annual payment
shall be made in the next calendar year. If such acquisition
occurs on or after April 1 in any year, the first such annual
payment shall be made in the second following calendar year.
The obligation to make such annual payments shall continue as
long as such foreign corporation, its successors or assigns,
owns, controls, operates or manages within the State of
Illinois the franchises, licenses, permits, plants,
equipment, business or other property of the Illinois public
utility so acquired, or any replacement, renewal or extension
thereof or addition thereto. Such annual payment shall be
made to the taxing districts whose territorial limits, at the
time such payment is required to be made, include the place
where the principal office of such Illinois public utility
was located at the time of such acquisition, for use for such
corporate purposes of such taxing districts as their
governing bodies may order. The amount of the payment to each
of the several taxing districts shall be in the same ratio to
the total required annual payment as the ratio of the rate at
which taxes of such taxing district for the preceding year
have been extended to the total of the rates extended for all
of the taxes of such taxing districts for the preceding year.
Such annual payment shall be made by such foreign
corporation, its successors or assigns, to the respective
treasurers of such taxing districts within 30 days from the
date of delivery by the County Clerk to the Collector of the
books for collection of taxes. Such foreign corporation, its
successors or assigns, shall within 30 days after such annual
payments have been made, file with the Commission duplicate
receipts of the respective treasurers of such taxing
districts to which such payments were made.
This Section is repealed on July 1, 1998.
(Source: P.A. 84-617.)
(220 ILCS 5/11-302) (from Ch. 111 2/3, par. 11-302)
Sec. 11-302. The Commission shall furnish the Office of
Public Counsel with copies of the initial pleadings in all
proceedings before the Commission under this Act and if the
Office intervenes as a party in any proceeding it shall be
served with copies of all subsequent pleadings, exhibits and
testimony.
The Office shall be permitted to intervene in any
Commission proceeding under this Act upon filing a notice of
intervention with the Commission. Upon filing notice of
intervention the Office shall serve all parties with copies
of such notice and of all its subsequent pleadings and
exhibits. The Office shall otherwise be treated as any party
to Commission proceedings and shall be equally subject to any
law and regulations which govern the conduct of such
proceedings. The Office shall be permitted to utilize all
forms of discovery available to other parties and to have
access to and the use of all files, records and data of the
Commission, necessary to meet the duties of the Office.
The Office of Public Counsel shall be funded by an annual
appropriation from the general revenues.
(Source: P.A. 84-617; 84-1025.)
(220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
(This Section is scheduled to be repealed July 1, 1999.)
Sec. 13-301.1. Universal Telephone Service Assistance
Program.
(a) The Commission shall by rule or regulation establish
a Universal Telephone Service Assistance Program for low
income residential customers. The program shall provide for a
reduction of access line charges, a reduction of connection
charges, or any other alternative to increase accessibility
to telephone service that the Commission deems advisable
subject to the availability of funds for the program as
provided in subsection (b). The Commission shall establish
eligibility requirements for benefits under the program.
(b) The Commission shall require by rule or regulation
that each telecommunications carrier providing local exchange
telecommunications services notify its customers that if the
customer wishes to participate in the funding of the
Universal Telephone Service Assistance Program he may do so
by electing to contribute, on a monthly basis, a fixed amount
that will be included in the customer's monthly bill. The
customer may cease contributing at any time upon providing
notice to the telecommunications carrier providing local
exchange telecommunications services. The notice shall state
that any contribution made will not reduce the customer's
bill for telecommunications services. Failure to remit the
amount of increased payment will reduce the contribution
accordingly. The Commission shall specify the monthly fixed
amount or amounts that customers wishing to contribute to the
funding of the Universal Telephone Service Assistance Program
may choose from in making their contributions. Every
telecommunications carrier providing local exchange
telecommunications services shall remit the amounts
contributed in accordance with the terms of the Universal
Telephone Service Assistance Program.
(c) The Commission shall promulgate the rules and
regulations necessary to implement the provisions of this
Section no later than 180 days after the effective date of
this amendatory Act of 1991.
(Source: P.A. 87-750.)
Section 5-336. The Private Employment Agency Act is
amended by changing Sections 10 and 10.1 as follows:
(225 ILCS 515/10) (from Ch. 111, par. 910)
Sec. 10. Licensee prohibitions. No licensee shall send
or cause to be sent any female help or servants, inmate, or
performer, to enter any questionable place, or place of bad
repute, house of ill-fame, or assignation house, or to any
house or place of amusement kept for immoral purposes, or
place resorted to for the purpose of prostitution or gambling
house, the character of which licensee knows either actually
or by reputation.
No licensee shall permit questionable characters,
prostitutes, gamblers, intoxicated persons, or procurers to
frequent the such agency.
No licensee shall accept any application for employment
made by or on behalf of any child, or shall place or assist
in placing any such child in any employment whatever, in
violation of the Child Labor Law, approved June 30, 1945, as
amended. A violation of any provision of this Section shall
be a Class A misdemeanor.
No licensee shall publish or cause to be published any
fraudulent or misleading notice or advertisement of its such
employment agencies, by means of cards, circulars, or signs,
or in newspapers or other publications; and all letterheads,
receipts, and blanks shall contain the full name and address
of the such employment agency and licensee shall state in all
notices and advertisements the fact that licensee is, or
conducts, a private employment agency.
No licensee shall print, publish, or paint on any sign,
or window, or insert in any newspaper or publication, a name
similar to that of the Illinois Public Free Employment
Office.
No licensee shall print or stamp on any receipt or on any
contract used by that such agency, any part of this Act,
unless the entire Section from which that such part is taken,
is printed or stamped thereon.
All written communications sent out by any licensee,
directly or indirectly, to any person or firm with regard to
employees or employment, shall contain therein definite
information that such person is a private employment agency.
No licensee or his or her employees shall knowingly give
any false or misleading information, or make any false or
misleading promise to any applicant who shall apply for
employment or employees.
(Source: P.A. 84-551.)
(225 ILCS 515/10.1) (from Ch. 111, par. 911)
Sec. 10.1. Farmworkers. The Department of Labor shall
proscribe the recruitment by private employment agencies of
farmworkers unless the such private employment agency files a
statement with the Department of Labor setting forth the
terms and conditions, and the existence of any strike, or
other concerted stoppage, slowdown, or interruption of
operations by employees of the prospective employer at the
site of the proposed employment, directly relating to the
employment offered to the farmworkers so recruited. A copy of
the such statement in English and the language in which the
farmworker is fluent shall be given to each farmworker prior
to recruitment by the private employment agencies so
recruiting. The statement shall be made on a form provided to
private employment agencies by the Job Illinois State
Employment Service on request. As used in this Section and
Section 10.2, "farmworker" means any person who moves
seasonally from one place to another, within or without the
State, for the purpose of obtaining employment relating to
the planting, raising, or harvesting of any agricultural or
horticultural commodities, or the handling, packing, or
processing of those such commodities on the farm where
produced or at the place of first processing after leaving
that such farm.
(Source: P.A. 79-902.)
Section 5-341. The Coal Mining Act is amended by
changing Sections 4.15, 4.16, and 4.35 as follows:
(225 ILCS 705/4.15) (from Ch. 96 1/2, par. 415)
Sec. 4.15. State Mine Inspectors are sealers of weights
and measures in their respective districts, and as such may
test all scales used to weigh coal at coal mines. Upon the
written request of any mine owner or operator, or of 10 coal
miners employed at any one mine, the State Mine Inspector
shall test any scale or scales against which a complaint is
directed. If he finds that any scale or scales, do not weigh
correctly, he shall call the attention of the mine owner or
operator to the fact, and direct that said scale or scales be
at once overhauled and readjusted so as to indicate only true
and exact weights, and he shall forbid the further operation
of such mine until the scales are adjusted. In the event the
test of the State Mine Inspector conflicts with any test made
by any county sealer of weights or under and by virtue of any
municipal ordinance or regulation, then the test by the State
Mine Inspector shall prevail.
This Section is repealed on July 1, 1998.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.16) (from Ch. 96 1/2, par. 416)
Sec. 4.16. For the purpose of carrying out the
provisions of Section 4.15 the Mining Board shall furnish
each State Mine Inspector with a complete set of standard
weights suitable for testing the accuracy of track scales and
of all smaller scales at mines. All test weights shall remain
in the custody of the State Mine Inspector for use at any
mine within his district; and for any amounts expended by him
for the storage, transportation, or handling of the weights,
he shall be fully reimbursed upon making entry of the proper
items in his expense voucher.
This Section is repealed on July 1, 1998.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/4.35) (from Ch. 96 1/2, par. 435)
Sec. 4.35. Effective July 1, 1955, all State Mine
Inspectors and State Mine Inspectors-at-Large, now employed
and those hereafter employed, shall, at the discretion of the
Mining Board, be separated from their employment when they
reach the age of 65 years.
This Section is repealed on July 1, 1998.
(Source: Laws 1955, p. 2012.)
Section 5-343. The Illinois Public Aid Code is amended
by changing Sections 3-8, 4-1.2b, 4-2, 4-10, 4-14, 5-5.16,
5-12, 6-2, 6-6, 12-4.7a, 12-4.11, 12-4.20b, and 12-6 as
follows:
(305 ILCS 5/3-8) (from Ch. 23, par. 3-8)
Sec. 3-8. Funeral and burial.
If the estate of a deceased recipient is insufficient to
pay for funeral and burial expenses, and if no other
resources, including assistance from legally responsible
relatives, are available for such purposes, there shall be
paid, in accordance with the standards, rules and regulations
of the Illinois Department, such reasonable amounts as may be
necessary to meet costs of the funeral, burial space, and
cemetery charges, or to reimburse any person not financially
responsible for the deceased who has voluntarily made
expenditures for such costs.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce or
eliminate payments under this Section as necessary to
implement contingency reserves under the Emergency Budget Act
of Fiscal Year 1992, to the extent permitted by federal law.
Any such reduction or elimination shall expire on July 1,
1992.
(Source: P.A. 87-838.)
(305 ILCS 5/4-1.2b) (from Ch. 23, par. 4-1.2b)
Sec. 4-1.2b. Federal marriage penalty; waiver. The
General Assembly finds that it is in the best interests of
children, parents, and the State that minor children reside
with 2 parents. Children in 2-parent families are less
likely to be and remain poor and less likely to need public
assistance. The General Assembly also finds that the current
federal requirement that a stepparent's income must be
counted to reduce or deny assistance under this Article to
the stepchildren penalizes and discourages assistance
recipients from forming 2-parent families.
Therefore, the Illinois Department shall seek, and make
its best efforts to obtain, from the appropriate federal
authorities a waiver of the requirement that a stepparent's
income must be counted to reduce or deny assistance under
this Article to the stepchildren in the assistance unit. To
assist the General Assembly in its deliberations for program
initiatives beginning in Fiscal Year 1994, the Illinois
Department shall report to the General Assembly no later than
March 31, 1993 the results of the effort to obtain the waiver
from the federal government.
This Section is repealed on July 1, 1998.
(Source: P.A. 87-1056.)
(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
Sec. 4-2. Amount of aid.
(a) The amount and nature of financial aid shall be
determined in accordance with the standards, grant amounts,
rules and regulations of the Illinois Department. Due regard
shall be given to the self-sufficiency requirements of the
family and to the income, money contributions and other
support and resources available, from whatever source.
Beginning July 1, 1992, the supplementary grants previously
paid under this Section shall no longer be paid. However,
the amount and nature of any financial aid is not affected by
the payment of any grant under the "Senior Citizens and
Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act". The aid shall be sufficient, when added to
all other income, money contributions and support to provide
the family with a grant in the amount established by
Department regulation.
(b) The Illinois Department may conduct special
projects, which may be known as Grant Diversion Projects,
under which recipients of financial aid under this Article
are placed in jobs and their grants are diverted to the
employer who in turn makes payments to the recipients in the
form of salary or other employment benefits. The Illinois
Department shall by rule specify the terms and conditions of
such Grant Diversion Projects. Such projects shall take into
consideration and be coordinated with the programs
administered under the Illinois Emergency Employment
Development Act.
(c) The amount and nature of the financial aid for a
child requiring care outside his own home shall be determined
in accordance with the rules and regulations of the Illinois
Department, with due regard to the needs and requirements of
the child in the foster home or institution in which he has
been placed.
(d) If the Department establishes grants for family
units consisting exclusively of a pregnant woman with no
dependent child, the grant amount for such a unit shall be
equal to the grant amount for an assistance unit consisting
of one adult. Other than as herein described, an unborn
child shall not be counted in determining the size of an
assistance unit or for calculating grants.
Payments for basic maintenance requirements of a child or
children and the relative with whom the child or children are
living shall be prescribed, by rule, by the Illinois
Department.
These grants may be increased in the following circumstances:
1. If the child is living with both parents or with
persons standing in the relationship of parents, and if
the grant is necessitated because of the unemployment or
insufficient earnings of the parent or parents and
neither parent is receiving benefits under "The
Unemployment Compensation Act", approved June 30, 1937,
as amended, the maximum may be increased by not more than
$25.
2. If a child is age 13 or over, the maximum may be
increased by not more than $15.
The allowances provided under Article IX for recipients
participating in the training and rehabilitation programs
shall be in addition to the maximum payments established in
this Section.
Grants under this Article shall not be supplemented by
General Assistance provided under Article VI.
(e) Grants shall be paid to the parent or other person
with whom the child or children are living, except for such
amount as is paid in behalf of the child or his parent or
other relative to other persons or agencies pursuant to this
Code or the rules and regulations of the Illinois Department.
(f) An assistance unit, receiving financial aid under
this Article or temporarily ineligible to receive aid under
this Article under a penalty imposed by the Illinois
Department for failure to comply with the eligibility
requirements or that voluntarily requests termination of
financial assistance under this Article and becomes
subsequently eligible for assistance within 9 months, shall
not receive any increase in the amount of aid solely on
account of the birth of a child; except that an increase is
not prohibited when the birth is (i) of a child of a pregnant
woman who became eligible for aid under this Article during
the pregnancy, or (ii) of a child born within 10 months after
the date of implementation of this subsection, or (iii) of a
child conceived after a family became ineligible for
assistance due to income or marriage and at least 3 months of
ineligibility expired before any reapplication for
assistance. This subsection does not, however, prevent a
unit from receiving a general increase in the amount of aid
that is provided to all recipients of aid under this Article.
The Illinois Department is authorized to transfer funds,
and shall use any budgetary savings attributable to not
increasing the grants due to the births of additional
children, to supplement existing funding for employment and
training services within the JOBS or its successor program
for recipients of aid under this Article IV. The Illinois
Department shall target, to the extent the supplemental
funding allows, JOBS services to the families who do not
receive a grant increase after the birth of a child. In
addition, the Illinois Department shall provide, to the
extent the supplemental funding allows, such families with up
to 24 months of transitional child care pursuant to Illinois
Department rules. All remaining supplemental funds shall be
used for JOBS employment and training services or
transitional child care support.
In making the transfers authorized by this subsection,
the Illinois Department shall first determine, pursuant to
regulations adopted by the Illinois Department for this
purpose, the amount of savings attributable to not increasing
the grants due to the births of additional children.
Transfers may be made from General Revenue Fund
appropriations for distributive purposes authorized by
Article IV of this Code only to General Revenue Fund
appropriations for employability development services
including operating and administrative costs and related
distributive purposes under Article IXA of this Code. The
Director, with the approval of the Governor, shall certify
the amount and affected line item appropriations to the State
Comptroller.
The Illinois Department shall apply for all waivers of
federal law and regulations necessary to implement this
subsection; implementation of this subsection is contingent
on the Illinois Department receiving all necessary federal
waivers. The Illinois Department may implement this
subsection through the use of emergency rules in accordance
with Section 5-45 of the Illinois Administrative Procedure
Act. For purposes of the Illinois Administrative Procedure
Act, the adoption of rules to implement this subsection shall
be considered an emergency and necessary for the public
interest, safety, and welfare.
Nothing in this subsection shall be construed to prohibit
the Illinois Department from using AFDC funds to provide
assistance in the form of vouchers that may be used to pay
for goods and services deemed by the Illinois Department, by
rule, as suitable for the care of the child such as diapers,
clothing, school supplies, and cribs.
(g) (Blank). Notwithstanding any other provision of this
Code to the contrary, the Illinois Department is authorized
to reduce or eliminate payments for supplementary grants
under the first paragraph of this Section as necessary to
implement contingency reserves under the Emergency Budget Act
of Fiscal Year 1992, to the extent permitted by federal law.
Any such reduction or elimination shall expire on July 1,
1992.
(Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
89-641, eff. 8-9-96.)
(305 ILCS 5/4-10) (from Ch. 23, par. 4-10)
Sec. 4-10. Funeral and burial.
If the estate of a deceased recipient is insufficient to
pay for funeral and burial expenses, and if no other
resources, including assistance from legally responsible
relatives, are available for such purposes, there shall be
paid, in accordance with the standards, rules and regulations
of the Illinois Department, such reasonable amounts as may be
necessary to meet costs of the funeral, burial space, and
cemetery charges or to reimburse any person not financially
responsible for the deceased who has voluntarily made
expenditures for such costs.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce or
eliminate payments under this Section as necessary to
implement contingency reserves under the Emergency Budget Act
of Fiscal Year 1992, to the extent permitted by federal law.
Any such reduction or elimination shall expire on July 1,
1992.
(Source: P.A. 87-838.)
(305 ILCS 5/4-14) (from Ch. 23, par. 4-14)
Sec. 4-14. As provided by the Energy Assistance Act of
1989, enacted by the 86th General Assembly, between November
1 and April 30 the Department shall, pursuant to Section
12-4.7a, make payments to the Department of Commerce and
Community Affairs for special energy assistance on behalf of
families eligible pursuant to Section 4-1 of this Code. Such
payments or transfers or deposits shall not exceed the
amounts appropriated for such purposes and shall be in
amounts determined in accordance with Section 13 of the
Energy Assistance Act of 1989.
This Section is repealed on July 1, 1998.
(Source: P.A. 86-127.)
(305 ILCS 5/5-5.16) (from Ch. 23, par. 5-5.16)
Sec. 5-5.16. The Department shall adopt as a rule
pursuant to the Illinois Administrative Procedure Act a basic
format for the consideration of drugs for provider
reimbursement. Before the Department makes effective any
additions to and deletions from the Drug Manual pursuant to
the above adopted rule, the Department shall adopt such
additions and deletions as an emergency rule pursuant to
Section 5-45 of the Illinois Administrative Procedure Act.
Such rules shall become effective upon filing with the
Secretary of State. In addition, the Department shall, as
soon as practicable thereafter, file proposed rules to amend
the Drug Manual pursuant to Section 5-40 of the Illinois
Administrative Procedure Act.
This Section is repealed on July 1, 1998.
(Source: P.A. 88-45.)
(305 ILCS 5/5-12) (from Ch. 23, par. 5-12)
(Text of Section before amendment by P.A. 89-507)
Sec. 5-12. Funeral and burial. Upon the death of a
recipient who qualified under class 2, 3 or 4 of Section 5-2,
if his estate is insufficient to pay his funeral and burial
expenses and if no other resources, including assistance from
legally responsible relatives, are available for such
purposes, there shall be paid, in accordance with the
standards, rules and regulations of the Illinois Department,
such reasonable amounts as may be necessary to meet costs of
the funeral, burial space, and cemetery charges, or to
reimburse any person not financially responsible for the
deceased who have voluntarily made expenditures for such
costs.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce or
eliminate payments under this Section as necessary to
implement contingency reserves under the Emergency Budget Act
of Fiscal Year 1992, to the extent permitted by federal law.
Any such reduction or elimination shall expire on July 1,
1992.
(Source: P.A. 87-838.)
(Text of Section after amendment by P.A. 89-507)
Sec. 5-12. Funeral and burial. Upon the death of a
recipient who qualified under class 2, 3 or 4 of Section 5-2,
if his estate is insufficient to pay his funeral and burial
expenses and if no other resources, including assistance from
legally responsible relatives, are available for such
purposes, there shall be paid, in accordance with the
standards, rules and regulations of the Illinois Department
of Human Services, such reasonable amounts as may be
necessary to meet costs of the funeral, burial space, and
cemetery charges, or to reimburse any person not financially
responsible for the deceased who have voluntarily made
expenditures for such costs.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce or
eliminate payments under this Section as necessary to
implement contingency reserves under the Emergency Budget Act
of Fiscal Year 1992, to the extent permitted by federal law.
Any such reduction or elimination shall expire on July 1,
1992.
(Source: P.A. 89-507, eff. 7-1-97.)
(305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
Sec. 6-2. Amount of aid. The amount and nature of
General Assistance for basic maintenance requirements shall
be determined in accordance with local budget standards for
local governmental units which do not receive State funds.
For local governmental units which do receive State funds,
the amount and nature of General Assistance for basic
maintenance requirements shall be determined in accordance
with the standards, rules and regulations of the Illinois
Department. Beginning July 1, 1992, the supplementary grants
previously paid under this Section shall no longer be paid.
However, the amount and nature of any financial aid is not
affected by the payment of any grant under the Senior
Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act. Due regard shall be given to
the requirements and the conditions existing in each case,
and to the income, money contributions and other support and
resources available, from whatever source. In local
governmental units which do not receive State funds, the
grant shall be sufficient when added to all other income,
money contributions and support in excess of any excluded
income or resources, to provide the person with a grant in
the amount established for such a person by the local
governmental unit based upon standards meeting basic
maintenance requirements. In local governmental units which
do receive State funds, the grant shall be sufficient when
added to all other income, money contributions and support in
excess of any excluded income or resources, to provide the
person with a grant in the amount established for such a
person by Department regulation based upon standards
providing a livelihood compatible with health and well-being,
as directed by Section 12-4.11 of this Code.
The Illinois Department may conduct special projects,
which may be known as Grant Diversion Projects, under which
recipients of financial aid under this Article are placed in
jobs and their grants are diverted to the employer who in
turn makes payments to the recipients in the form of salary
or other employment benefits. The Illinois Department shall
by rule specify the terms and conditions of such Grant
Diversion Projects. Such projects shall take into
consideration and be coordinated with the programs
administered under the Illinois Emergency Employment
Development Act.
The allowances provided under Article IX for recipients
participating in the training and rehabilitation programs
shall be in addition to such maximum payment.
Payments may also be made to provide persons receiving
basic maintenance support with necessary treatment, care and
supplies required because of illness or disability or with
acute medical treatment, care, and supplies. Payments for
necessary or acute medical care under this paragraph may be
made to or in behalf of the person. Obligations incurred for
such services but not paid for at the time of a recipient's
death may be paid, subject to the rules and regulations of
the Illinois Department, after the death of the recipient.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce or
eliminate payments under this Section as necessary to
implement contingency reserves under the Emergency Budget Act
of Fiscal Year 1992, to the extent permitted by federal law.
Any such reduction or elimination shall expire on July 1,
1992.
(Source: P.A. 89-646, eff. 1-1-97.)
(305 ILCS 5/6-6) (from Ch. 23, par. 6-6)
Sec. 6-6. Funeral and Burial.
If the estate of a deceased recipient is insufficient to
pay for funeral and burial expenses and if no other resources
including assistance from legally responsible relatives or
the United States Veterans Administration, are available for
such purposes, there shall be paid, in accordance with the
standards, rules and regulations of the Illinois Department,
such amounts as may be necessary to meet costs of the
funeral, burial space, and cemetery charges, or to reimburse
any person not financially responsible for the deceased who
has voluntarily made expenditures for such costs.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce or
eliminate payments under this Section as necessary to
implement contingency reserves under the Emergency Budget Act
of Fiscal Year 1992, to the extent permitted by federal law.
Any such reduction or elimination shall expire on July 1,
1992.
(Source: P.A. 87-838.)
(305 ILCS 5/12-4.7a) (from Ch. 23, par. 12-4.7a)
Sec. 12-4.7a. The Department shall enter into a written
agreement with the Illinois Department of Commerce and
Community Affairs which shall provide for interagency
procedures to process applications and make payments for
special energy assistance to eligible recipients pursuant to
Article IV of this Code. The Department shall, to the extent
permitted by the United States Department of Agriculture,
exempt from consideration assistance provided pursuant to the
Energy Assistance Act of 1989 in determinations of
eligibility and amounts of benefits under the Federal Food
Stamp Program.
This Section is repealed on July 1, 1998.
(Source: P.A. 86-127.)
(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
(Text of Section before amendment by P.A. 89-507)
Sec. 12-4.11. Standards of assistance; content;
limitations; grant amounts. Establish specific standards, by
rule, by which grant amounts and need for public aid will be
determined and amend the standards from time to time as
circumstances may require.
The standards shall provide a livelihood compatible with
health and well-being for persons eligible for financial aid
under any Article of this Code. They shall include
recognition of any special needs occasioned by the handicaps
and infirmities of age, blindness, or disability. They shall
include recognition of the special clothing needs of school
age children occasioned by cold weather conditions during the
winter season. Standards established to determine the
eligibility of medically indigent persons for aid under
Articles V or VII shall take into account the requirements of
the spouse or other dependent or dependents of the applicant
for medical aid.
The quantity and quality of the items included in the
standards established for food, clothing, and other basic
maintenance needs shall take account of the buying and
consumption patterns of self-supporting persons and families
of low income, as determined from time to time by the United
States Department of Agriculture, the United States Bureau of
Labor Statistics, and other nationally recognized research
authorities in the fields of nutrition and family living.
The items in the standards shall be priced annually for
changes in cost, as provided in Section 12-4.15, and prices
of the standards adjusted as indicated by the findings of
these surveys. The Department, with due regard for and
subject to budgetary limitations, shall establish grant
amounts for each of the programs, by regulation. The grant
amounts may be less than the prices of the standards and may
vary by program, size of assistance unit and geographic area
and may be established in the form of a percentage of the
standards for any or all programs. Beginning July 1, 1991,
the annual appropriations law of the Illinois Department of
Public Aid shall, in respect to Articles IV and VI, specify
the percentage of the current Standard of Need, that the
current fiscal year appropriation is intended to cover as of
the beginning of that fiscal year. Nothing in the preceding
sentence shall be construed to require any grant increase at
any time during the remainder of that fiscal year.
In recognition of the inability of low income households
to afford the rising costs of energy, payments made by the
Department under Articles IV and VI shall include an amount
of money to offset, in whole or in part, the costs of energy
associated with seasonal variations. The Department may by
rule establish the amount of such energy payments which may
vary in accordance with the size of the assistance unit. The
Department for reasons of administrative simplicity may
provide the amounts in equal monthly payments.
During the first month that the Department pays grants
which include amounts authorized in the preceding paragraph,
the grant amounts for all sized assistance units within each
program the Department administers under Article IV of this
Code and for assistance units of more than one person under
Article VI of this Code shall be adjusted to approach more
closely a single percentage of the standard of assistance
established under this Section, with grant amounts expressed
in whole dollar amounts. The percentage used for Article IV
need not be the same percentage used for Article VI. Energy
Assistance money provided in a separate payment and
identified as being exclusively for energy assistance shall
not be considered as a part of the grant for the purposes of
this paragraph; all of the grant amount, including any
portion thereof that may be provided for the purpose of
energy assistance provided under the preceding paragraph,
shall be considered under this paragraph.
Aid payments shall not be reduced except: (1) for changes
in the cost of items included in the standards, or (2) for
changes in the expenses of the recipient, or (3) for changes
in the income or resources available to the recipient, or (4)
for changes in grants resulting from adoption of a
consolidated standard, or (5) to accomplish the adjustment
described in the preceding paragraph, or (6) beginning July
1, 1992, to reduce grant amounts for recipients of cash
assistance under Sections 3-1a and 6-11 of this Code during
fiscal year 1993.
If recipients can obtain adequate shelter only if a
security deposit is given the landlord, the Department may
furnish one month's rent as a security deposit. This
provision shall be operative only to the extent that it does
not foster the granting of duplicate assistance.
In fixing standards to govern payments or reimbursements
for funeral and burial expenses, the Department shall take
into account the services essential to a dignified, low-cost
funeral and burial, but no payment shall be authorized from
public aid funds for the funeral in excess of $630, exclusive
of reasonable amounts as may be necessary for burial space
and cemetery charges, and any applicable taxes or other
required governmental fees or charges. The Department shall
authorize no payment in excess of $315 for a cemetery burial.
Nothing contained in this Section or in any other Section
of this Code shall be construed to prohibit the Illinois
Department (1) from consolidating existing standards on the
basis of any standards which are or were in effect on, or
subsequent to July 1, 1969, or (2) from employing any
consolidated standards in determining need for public aid and
the amount of money payment or grant for individual
recipients or recipient families.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce
payment levels under Article VI as necessary to implement
contingency reserves under the Emergency Budget Act of Fiscal
Year 1992, to the extent permitted by federal law. Any such
reduction shall expire on July 1, 1992.
(Source: P.A. 86-127; 86-430; 86-1028; 86-1457; 87-528;
87-838; 87-860.)
(Text of Section after amendment by P.A. 89-507)
Sec. 12-4.11. Standards of assistance; content;
limitations; grant amounts. Establish specific standards, by
rule, by which grant amounts and need for public aid will be
determined and amend the standards from time to time as
circumstances may require.
The standards shall provide a livelihood compatible with
health and well-being for persons eligible for financial aid
under any Article of this Code. They shall include
recognition of any special needs occasioned by the handicaps
and infirmities of age, blindness, or disability. They shall
include recognition of the special clothing needs of school
age children occasioned by cold weather conditions during the
winter season. Standards established to determine the
eligibility of medically indigent persons for aid under
Articles V or VII shall take into account the requirements of
the spouse or other dependent or dependents of the applicant
for medical aid.
The quantity and quality of the items included in the
standards established for food, clothing, and other basic
maintenance needs shall take account of the buying and
consumption patterns of self-supporting persons and families
of low income, as determined from time to time by the United
States Department of Agriculture, the United States Bureau of
Labor Statistics, and other nationally recognized research
authorities in the fields of nutrition and family living.
The items in the standards shall be priced annually for
changes in cost, as provided in Section 12-4.15, and prices
of the standards adjusted as indicated by the findings of
these surveys. The Department, with due regard for and
subject to budgetary limitations, shall establish grant
amounts for each of the programs, by regulation. The grant
amounts may be less than the prices of the standards and may
vary by program, size of assistance unit and geographic area
and may be established in the form of a percentage of the
standards for any or all programs. Beginning July 1, 1991,
the annual appropriations law of the Illinois Department
shall, in respect to Articles IV and VI, specify the
percentage of the current Standard of Need, that the current
fiscal year appropriation is intended to cover as of the
beginning of that fiscal year. Nothing in the preceding
sentence shall be construed to require any grant increase at
any time during the remainder of that fiscal year.
In recognition of the inability of low income households
to afford the rising costs of energy, payments made by the
Department under Articles IV and VI shall include an amount
of money to offset, in whole or in part, the costs of energy
associated with seasonal variations. The Department may by
rule establish the amount of such energy payments which may
vary in accordance with the size of the assistance unit. The
Department for reasons of administrative simplicity may
provide the amounts in equal monthly payments.
During the first month that the Department pays grants
which include amounts authorized in the preceding paragraph,
the grant amounts for all sized assistance units within each
program the Department administers under Article IV of this
Code and for assistance units of more than one person under
Article VI of this Code shall be adjusted to approach more
closely a single percentage of the standard of assistance
established under this Section, with grant amounts expressed
in whole dollar amounts. The percentage used for Article IV
need not be the same percentage used for Article VI. Energy
Assistance money provided in a separate payment and
identified as being exclusively for energy assistance shall
not be considered as a part of the grant for the purposes of
this paragraph; all of the grant amount, including any
portion thereof that may be provided for the purpose of
energy assistance provided under the preceding paragraph,
shall be considered under this paragraph.
Aid payments shall not be reduced except: (1) for changes
in the cost of items included in the standards, or (2) for
changes in the expenses of the recipient, or (3) for changes
in the income or resources available to the recipient, or (4)
for changes in grants resulting from adoption of a
consolidated standard, or (5) to accomplish the adjustment
described in the preceding paragraph, or (6) beginning July
1, 1992, to reduce grant amounts for recipients of cash
assistance under Sections 3-1a and 6-11 of this Code during
fiscal year 1993.
If recipients can obtain adequate shelter only if a
security deposit is given the landlord, the Department may
furnish one month's rent as a security deposit. This
provision shall be operative only to the extent that it does
not foster the granting of duplicate assistance.
In fixing standards to govern payments or reimbursements
for funeral and burial expenses, the Department shall take
into account the services essential to a dignified, low-cost
funeral and burial, but no payment shall be authorized from
public aid funds for the funeral in excess of $630, exclusive
of reasonable amounts as may be necessary for burial space
and cemetery charges, and any applicable taxes or other
required governmental fees or charges. The Department shall
authorize no payment in excess of $315 for a cemetery burial.
Nothing contained in this Section or in any other Section
of this Code shall be construed to prohibit the Illinois
Department (1) from consolidating existing standards on the
basis of any standards which are or were in effect on, or
subsequent to July 1, 1969, or (2) from employing any
consolidated standards in determining need for public aid and
the amount of money payment or grant for individual
recipients or recipient families.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce
payment levels under Article VI as necessary to implement
contingency reserves under the Emergency Budget Act of Fiscal
Year 1992, to the extent permitted by federal law. Any such
reduction shall expire on July 1, 1992.
(Source: P.A. 89-507, eff. 7-1-97.)
(305 ILCS 5/12-4.20b) (from Ch. 23, par. 12-4.20b)
Sec. 12-4.20b. Appointment of Task Force on Application
Processing. Appoint the Task Force on Application
Processing, to be composed of members of the General Assembly
and representatives of the Illinois Department, the Illinois
Hospital Association, hospitals, welfare rights organizations
and the general public as deemed appropriate by the Director.
The Task Force shall conduct a study of the methods used by
the Illinois Department to process applications for public
assistance which are submitted on behalf of persons by
hospitals and make recommendations to the Director as it
deems appropriate for actions which should be taken to
improve and expedite the processing of such applications.
The Illinois Department shall provide staff support and
information as necessary to facilitate the activities of the
Task Force. No later than March 31, 1990, the Director shall
report the recommendations of the Task Force to the General
Assembly, together with any other information or
recommendations (including recommendations for legislation)
deemed appropriate.
This Section is repealed on July 1, 1998.
(Source: P.A. 86-741.)
(305 ILCS 5/12-6) (from Ch. 23, par. 12-6)
Sec. 12-6. The Medical Payment Fund is abolished and the
State Treasurer, as custodian of that Fund, shall pay the
balance remaining in that Fund into the General Revenue Fund
in the State Treasury.
This Section is repealed on July 1, 1998.
(Source: P.A. 79-646.)
Section 5-345. The Energy Assistance Act is amended by
adding Section 8.1 as follows:
(305 ILCS 15/8.1 new)
Sec. 8.1. Repeal. This Act is repealed on July 1, 1998.
Section 5-346. The State Housing Act is amended by
changing Sections 46 and 46.1 as follows:
(310 ILCS 5/46) (from Ch. 67 1/2, par. 196)
Sec. 46. Prior to the acquisition of title to any real
property an authority shall submit to the Department data as
to the location and cost of the property, and prior to the
undertaking of any construction or other initiation of a
project an authority shall submit to the Department the
proposed plans, specifications and estimates of the costs and
a statement of the proposed methods of financing and
operating the project. An authority shall not finally
acquire title to any real estate nor undertake the
construction or operation of a project without the approval
of the Department; provided that, if the Department shall
fail within thirty days after receipt thereof to state its
disapproval of the proposals or such modifications thereof as
it may deem desirable, the proposals shall be deemed to have
been approved as submitted. No change involving an
expenditure of more than twenty-five hundred dollars shall be
made in any proposal approved by the Department without
submission to the Department in the manner prescribed in this
section. The provisions of this section shall not apply with
reference to any project which is or is to be financed in
whole or in part by the Federal government or any agency or
instrumentality thereof.
This Section is repealed on July 1, 1998.
(Source: P.A. 81-1509.)
(310 ILCS 5/46.1) (from Ch. 67 1/2, par. 196.1)
Sec. 46.1. The Department shall recall from all local
housing authorities and land clearance commissions all monies
derived from appropriations of State funds in accordance with
"An Act to promote the improvement of housing", approved July
26, 1945, and "An Act making appropriations for certain
additional ordinary, contingent and distributive expenses of
State government", approved July 21, 1947, and distributed to
such local housing authorities and land clearance commissions
in accordance with "An Act to promote the improvement of
housing", approved July 26, 1945, and "An Act to facilitate
the development and construction of housing, to provide
governmental assistance therefor, and to repeal an Act herein
named", approved July 2, 1947, including monies invested in
accordance with this Act, and "An Act relating to certain
investment of public funds by public agencies", approved
April 17, 1959, as amended. Wherever the Department has
issued an approval for the use of such funds in support of
the objectives of this Act, other than for investment as
referred to herein, the Department shall recall only such
part of such monies that have not been expended in accordance
with the approval as issued for the time period which such
approval specified.
In those instances where the approval or regulations of
the Department do not specify that monies shall be expended
in a particular time period, the recall of unexpended funds
may not be made by the Department prior to 24 months from the
date of the issuance of such approval, or upon completion or
abandonment of the program relating thereto, whichever occurs
sooner. Upon request of a housing authority or land
clearance commission, the Department may, in its discretion,
defer the recall of funds for which no specified time of
expenditure is required.
The Department shall deposit such monies and the funds
received from housing authorities dissolved under Section 32
of the "Housing Authorities Act", the funds recovered from
housing authorities or land clearance commissions under
Section 9a of "An Act to facilitate the development and
construction of housing, to provide governmental assistance
therefor, and to repeal an Act herein named", approved July
2, 1947, as amended, and the funds recovered from the
dissolution of any land clearance commission under Section
25a of the "Blighted Areas Redevelopment Act of 1947", in a
special trust fund designated the Housing Fund.
The Treasurer of the State of Illinois shall be
ex-officio custodian of the Housing Fund but the monies in
the Housing Fund shall not be deposited in the State
Treasury, but shall be held separate and apart from funds in
the Treasury. Expenditures from the Housing Fund shall be
made on vouchers signed by the Director of the Department.
Within the limitations provided in this Section, the
Department may expend or withdraw monies from the Housing
Fund for any or all of the following purposes:
(a) to make allocations to local housing authorities and
land clearance commissions in accordance with "An Act to
facilitate the development and construction of housing, to
provide governmental assistance therefor, and to repeal an
Act herein named", approved July 2, 1947, as amended, "An Act
making appropriations for certain additional ordinary
contingent and distributive expense of State government",
approved July 21, 1947, and upon the approval of such
allocation, such monies shall be remitted from the Housing
Fund to the local housing authority or land clearance
commission for which approval of request for a grant and
instructions for allocation from the Housing Fund have been
made;
(b) to invest such monies in accordance with the
regulations prescribed in "An Act relating to certain
investment of public funds by public agencies", approved
April 17, 1959, as amended, and the principal and interest
earned from such investments shall be deemed to be a part of
the Housing Fund;
(c) to make allocations to the Illinois Housing
Development Authority to carry out the purposes and powers of
the Illinois Housing Development Authority as provided for in
the Illinois Housing Development Act, as heretofore or
hereafter amended;
(d) for the expenses of implementing and administering
Federal programs by the Office of Housing and Buildings in
the Department, reimbursement for which will be made by the
Federal government. Monies paid by the Federal government as
reimbursement for such expenses shall be paid into the
Housing Fund;
(e) for the expenses of allocating, administering and
auditing grants from the Housing Fund to local housing
authorities and land clearance commissions.
Upon the effectiveness of this amendatory Act, monies
already allocated to the Illinois Housing Development
Authority from the Housing Fund by the Department (or the
State Housing Board as its predecessor) shall be deposited in
a special trust fund, separate from the Housing Fund, and
designated the Housing Development Revolving Fund. Monies
allocated in the future to the Illinois Housing Development
Authority from the Housing Fund by the Department shall be
deposited in the Housing Development Revolving Fund, together
with such other monies from any available sources as the
Illinois Housing Development Authority shall determine to
deposit in the Housing Development Revolving Fund.
Monies returned to the Illinois Housing Development
Authority as repayment of grants, loans, advances,
allocations or distributions made out of the Housing
Development Revolving Fund shall be deposited in the Housing
Development Revolving Fund and may be reused by the Illinois
Housing Development Authority for the purposes of and under
the procedures for the Housing Development Revolving Fund
specified in this section.
The Treasurer of the State of Illinois shall be
ex-officio custodian of the Housing Development Revolving
Fund, but the monies in the Housing Development Revolving
Fund shall not be deposited in the State Treasury but shall
be held separate and apart from the funds in the Treasury.
Expenditures from the Housing Development Revolving Fund
shall be made on vouchers signed by the Chairman of the
Illinois Housing Development Authority after an authorizing
resolution by the Illinois Housing Development Authority.
The Illinois Housing Development Authority may expend or
withdraw monies from the Housing Development Revolving Fund
for the following purposes: (a) To make grants, loans,
advances, allocations, or distributions to not-for-profit
corporations, limited profit entities and housing
corporations in accordance with the provisions of the
Illinois Housing Development Act, as amended; (b) To make
allocations, expenditures or distributions for the
administration of the provisions of the Illinois Housing
Development Authority incidental to and necessary or
convenient to the carrying out of the corporate purposes and
powers of the Illinois Housing Development Authority; (c) To
invest such monies in accordance with the regulations
prescribed in "An Act relating to certain investments of
public funds by public agencies", approved July 23, 1943, as
amended, and the principal and interest earned from such
investments shall be deemed to be a part of the Housing
Development Revolving Fund.
This Section is repealed on July 1, 1998.
(Source: P.A. 81-1509.)
Section 5-347. The Housing Development and Construction
Act is amended by changing Section 7 as follows:
(310 ILCS 20/7) (from Ch. 67 1/2, par. 59)
Sec. 7. Each housing authority or Land Clearance
Commission shall make an annual report to the Department of
Commerce and Community Affairs of the use of the grant
allocated to it. In its annual report to the Governor, the
Department of Commerce and Community Affairs shall present a
detailed statement regarding the fund of each body to which a
grant has been made, and the uses to which the fund has been
applied.
This Section is repealed on July 1, 1998.
(Source: P.A. 81-1509.)
Section 5-355. The Veterans' Employment Representative
Act is amended by changing Sections 1 and 2 as follows:
(330 ILCS 50/1) (from Ch. 48, par. 186a)
Sec. 1. Veteran services; representative. Each full
service office of the Job Illinois State Employment Service
shall assign at least one full time Veterans' Employment
Representative, defined by title and classification under the
Personnel Code of Illinois, to work exclusively in job
counseling, training, and placement of veterans. Preference
for these positions shall be given to qualified persons who
have been members of the armed forces of the United States in
times of hostilities with a foreign country. Any candidate
for these positions shall be deemed to have met and satisfied
examination admission requirements if the where such
candidate served in the armed forces during times of
hostilities with a foreign country and was honorably
discharged therefrom due to a combat-related disability. The
holder of such a position shall be administratively
responsible to the local office manager, and his or her first
line responsibility is functional supervision of all local
office services to veterans. He or she may also be delegated
line supervision of veteran units, assistant local veterans'
employment representative, or veteran aid. Individualized
veterans' services such as application taking, counseling,
job referral, or training will continue to be provided to
veterans on a priority basis by all local office staff.
(Source: P.A. 83-1178.)
(330 ILCS 50/2) (from Ch. 48, par. 186b)
Sec. 2. Veteran services; funding. Since funding for
these veteran services by the Job Illinois State Employment
Service has already been provided for by the U.S. Department
of Labor, no additional funds will be required to carry out
the provisions of this Act.
(Source: P.A. 79-1386.)
Section 5-360. The Community Support Systems Act is
amended by changing Sections 3 and 4 as follows:
(405 ILCS 35/3) (from Ch. 91 1/2, par. 1103)
(Text of Section before amendment by P.A. 89-507)
Sec. 3. Funding of Special Initiatives.
(a) The Department may establish special funding
initiatives to accomplish a variety of objectives related to
the development of community support systems. Any funds
appropriated by the General Assembly for any of these special
initiatives shall be expended only for the stated purpose.
(1) The Department may fund innovative community
support system components on a pilot project basis. Such
funding shall be on a start-up basis, and shall include
requirements for evaluation of program effectiveness.
Continuation funding for program components developed in
this way shall be based on demonstrated effectiveness.
(2) The Department may fund selected pilot projects
to investigate key issues or problems encountered in
development, planning and implementation of community
support systems. Such funding shall include monies for
research and evaluation of pilot project components.
(3) The Department may provide continuing research
and evaluation funding grants for community support
systems established or enhanced through pilot projects
funded pursuant to Section 16.2 of "An Act codifying the
powers and duties of the Department of Mental Health and
Developmental Disabilities", approved August 2, 1961, as
amended, or as provided herein, after the period of
program component funding has elapsed. The purpose of
such funding shall be the assessment of long-term effects
of community support systems on the needs of the
chronically mentally ill, on service system development
and responsiveness, and for continuing study of certain
defined key issues.
(b) The Department shall report progress of all special
initiative projects to the Commission on Mental Health and
Developmental Disabilities on a semiannual basis. Reports
shall include summaries of special initiative project
purposes and goals, accomplishment of objectives and goals to
date, research and evaluation designs, preliminary and final
research and evaluation findings, and plans for continuation
funding.
(Source: P.A. 83-698.)
(Text of Section after amendment by P.A. 89-507)
Sec. 3. Funding of special initiatives.
(a) The Department may establish special funding
initiatives to accomplish a variety of objectives related to
the development of community support systems. Any funds
appropriated by the General Assembly for any of these special
initiatives shall be expended only for the stated purpose.
(1) The Department may fund innovative community
support system components on a pilot project basis. Such
funding shall be on a start-up basis, and shall include
requirements for evaluation of program effectiveness.
Continuation funding for program components developed in
this way shall be based on demonstrated effectiveness.
(2) The Department may fund selected pilot projects
to investigate key issues or problems encountered in
development, planning and implementation of community
support systems. Such funding shall include monies for
research and evaluation of pilot project components.
(3) The Department may provide continuing research
and evaluation funding grants for community support
systems established or enhanced through pilot projects
funded pursuant to Section 16.2 of the Mental Health and
Developmental Disabilities Administrative Act, or as
provided herein, after the period of program component
funding has elapsed. The purpose of such funding shall
be the assessment of long-term effects of community
support systems on the needs of the chronically mentally
ill, on service system development and responsiveness,
and for continuing study of certain defined key issues.
(b) (Blank). The Department shall report progress of all
special initiative projects to the Commission on Mental
Health and Developmental Disabilities on a semiannual basis.
Reports shall include summaries of special initiative project
purposes and goals, accomplishment of objectives and goals to
date, research and evaluation designs, preliminary and final
research and evaluation findings, and plans for continuation
funding.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 35/4) (from Ch. 91 1/2, par. 1104)
Sec. 4. Reporting Requirements. The Department shall
develop an implementation plan detailing the time frame for
accomplishment of the Department's responsibilities under
this Act, and shall submit such plan to the Commission on
Mental Health and Development Disabilities by January 1,
1984. The Department shall subsequently submit annual
reports to the Commission on Mental Health and Developmental
Disabilities documenting progress in accomplishment of their
responsibilities under this Act on January 1 of each
succeeding year. Such reports shall also include
documentation of the development of community support
services statewide.
This Section is repealed on July 1, 1998.
(Source: P.A. 83-698.)
Section 5-373. The Environmental Protection Act is
amended by changing Sections 9.7 and 19.7 as follows:
(415 ILCS 5/9.7) (from Ch. 111 1/2, par. 1009.7)
Sec. 9.7. CFC's. (a) The General Assembly hereby finds
that the manufacture and use of chlorofluorocarbons (CFCs)
present a serious threat to the environment, and declares it
to be the public policy of this State to discourage the
unnecessary use of CFCs, to encourage producers of CFCs to
replace them with alternative substances that have a less
deleterious impact on the environment, and to promote the use
of equipment to recover and recycle existing CFCs.
(b) By February 1, 1990, the Department shall report to
the Governor and the General Assembly with the following:
(1) Recommendations for the recovery and recycling of
CFCs from refrigerators, air conditioners and motor vehicles
that face immediate disposal. Such report shall consider,
but shall not be limited to considering, regional CFC removal
centers, portable CFC removal equipment, and other
appropriate procedures or equipment.
(2) Recommendations for recovery and recycling of CFC
coolant during the servicing of motor vehicle and building
air conditioning and large refrigeration units.
(Source: P.A. 86-756.)
(415 ILCS 5/19.7) (from Ch. 111 1/2, par. 1019.7)
Sec. 19.7. By January 1, 1992, the Agency shall prepare
a survey to determine the need for additional treatment works
in this State and determine how the Fund may be used in
meeting the intent of this Title.
This Section is repealed on July 1, 1998.
(Source: P.A. 85-1135.)
Section 5-380. The Illinois Solid Waste Management Act
is amended by changing Sections 3 and 6.2 as follows:
(415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
Sec. 3. State Agency Materials Recycling Program.
(a) All State agencies responsible for the maintenance
of public lands in the State shall, to the maximum extent
feasible, give due consideration and preference to the use of
compost materials in all land maintenance activities which
are to be paid with public funds.
(b) The Department of Central Management Services, in
coordination with the Department of Commerce and Community
Affairs, shall implement waste reduction programs, including
source separation and collection, for office wastepaper,
corrugated containers, newsprint and mixed paper, in all
State buildings as appropriate and feasible. Such waste
reduction programs shall be designed to achieve waste
reductions of at least 25% of all such waste by December 31,
1995, and at least 50% of all such waste by December 31,
2000. Any source separation and collection program shall
include, at a minimum, procedures for collecting and storing
recyclable materials, bins or containers for storing
materials, and contractual or other arrangements with buyers
of recyclable materials. If market conditions so warrant,
the Department of Central Management Services, in
coordination with the Department of Commerce and Community
Affairs, may modify programs developed pursuant to this
Section.
The Department of Commerce and Community Affairs shall
conduct waste categorization studies of all State facilities
for calendar years 1991, 1995 and 2000. Such studies shall
be designed to assist the Department of Central Management
Services to achieve the waste reduction goals established in
this subsection.
(c) Each State agency shall, upon consultation with the
Department of Commerce and Community Affairs, periodically
review its procurement procedures and specifications related
to the purchase of products or supplies. Such procedures and
specifications shall be modified as necessary to require the
procuring agency to seek out products and supplies that
contain recycled materials, and to ensure that purchased
products or supplies are reusable, durable or made from
recycled materials whenever economically and practically
feasible. In choosing among products or supplies that
contain recycled material, consideration shall be given to
products and supplies with the highest recycled material
content that is consistent with the effective and efficient
use of the product or supply.
(d) Wherever economically and practically feasible, the
Department of Central Management Services shall procure
recycled paper and paper products as follows:
(1) Beginning July 1, 1989, at least 10% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(2) Beginning July 1, 1992, at least 25% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(3) Beginning July 1, 1996, at least 40% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(4) Beginning July 1, 2000, at least 50% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(e) Paper and paper products purchased from private
vendors pursuant to printing contracts are not considered
paper products for the purposes of subsection (d). However,
the Department of Central Management Services shall report to
the General Assembly on an annual basis the total dollar
value of printing contracts awarded to private sector vendors
that included the use of recycled paper.
(f)(1) Wherever economically and practically feasible,
the recycled paper and paper products referred to in
subsection (d) shall contain postconsumer or recovered
paper materials as specified by paper category in this
subsection:
(i) Recycled high grade printing and writing
paper shall contain at least 50% recovered paper
material. Such recovered paper material, until July
1, 1994, shall consist of at least 20% deinked stock
or postconsumer material; and beginning July 1,
1994, shall consist of at least 25% deinked stock or
postconsumer material; and beginning July 1, 1996,
shall consist of at least 30% deinked stock or
postconsumer material; and beginning July 1, 1998,
shall consist of at least 40% deinked stock or
postconsumer material; and beginning July 1, 2000,
shall consist of at least 50% deinked stock or
postconsumer material.
(ii) Recycled tissue products, until July 1,
1994, shall contain at least 25% postconsumer
material; and beginning July 1, 1994, shall contain
at least 30% postconsumer material; and beginning
July 1, 1996, shall contain at least 35%
postconsumer material; and beginning July 1, 1998,
shall contain at least 40% postconsumer material;
and beginning July 1, 2000, shall contain at least
45% postconsumer material.
(iii) Recycled newsprint, until July 1, 1994,
shall contain at least 40% postconsumer material;
and beginning July 1, 1994, shall contain at least
50% postconsumer material; and beginning July 1,
1996, shall contain at least 60% postconsumer
material; and beginning July 1, 1998, shall contain
at least 70% postconsumer material; and beginning
July 1, 2000, shall contain at least 80%
postconsumer material.
(iv) Recycled unbleached packaging, until July
1, 1994, shall contain at least 35% postconsumer
material; and beginning July 1, 1994, shall contain
at least 40% postconsumer material; and beginning
July 1, 1996, shall contain at least 45%
postconsumer material; and beginning July 1, 1998,
shall contain at least 50% postconsumer material;
and beginning July 1, 2000, shall contain at least
55% postconsumer material.
(v) Recycled paperboard, until July 1, 1994,
shall contain at least 80% postconsumer material;
and beginning July 1, 1994, shall contain at least
85% postconsumer material; and beginning July 1,
1996, shall contain at least 90% postconsumer
material; and beginning July 1, 1998, shall contain
at least 95% postconsumer material.
(2) For the purposes of this Section, "postconsumer
material" includes:
(i) paper, paperboard, and fibrous wastes from
retail stores, office buildings, homes, and so
forth, after the waste has passed through its end
usage as a consumer item, including used corrugated
boxes, old newspapers, mixed waste paper, tabulating
cards, and used cordage; and
(ii) all paper, paperboard, and fibrous wastes
that are diverted or separated from the municipal
solid waste stream.
(3) For the purposes of this Section, "recovered
paper material" includes:
(i) postconsumer material;
(ii) dry paper and paperboard waste generated
after completion of the papermaking process (that
is, those manufacturing operations up to and
including the cutting and trimming of the paper
machine reel into smaller rolls or rough sheets),
including envelope cuttings, bindery trimmings, and
other paper and paperboard waste resulting from
printing, cutting, forming, and other converting
operations, or from bag, box and carton
manufacturing, and butt rolls, mill wrappers, and
rejected unused stock; and
(iii) finished paper and paperboard from
obsolete inventories of paper and paperboard
manufacturers, merchants, wholesalers, dealers,
printers, converters, or others.
(g) The Department of Central Management Services may
adopt regulations to carry out the provisions and purposes of
this Section.
(h) Every State agency shall, in its procurement
documents, specify that, whenever economically and
practically feasible, a product to be procured must consist,
wholly or in part, of recycled materials, or be recyclable or
reusable in whole or in part. When applicable, if state
guidelines are not already prescribed, State agencies shall
follow USEPA guidelines for federal procurement.
(i) All State agencies shall cooperate with the
Department of Central Management Services in carrying out
this Section. The Department of Central Management Services
may enter into cooperative purchasing agreements with other
governmental units in order to obtain volume discounts, or
for other reasons in accordance with the Governmental Joint
Purchasing Act, or in accordance with the Intergovernmental
Cooperation Act if governmental units of other states or the
federal government are involved.
(j) The Department of Central Management Services shall
submit an annual report to the General Assembly concerning
its implementation of the State's collection and recycled
paper procurement programs. This report shall include a
description of the actions that the Department of Central
Management Services has taken in the previous fiscal year to
implement this Section. This report shall be submitted on or
before November 1 of each year.
(k) The Department of Central Management Services, in
cooperation with all other appropriate departments and
agencies of the State, shall institute whenever economically
and practically feasible the use of re-refined motor oil in
all State-owned motor vehicles and the use of remanufactured
and retread tires whenever such use is practical, beginning
no later than July 1, 1992.
(l) (Blank). The Illinois Department of Transportation
shall study the feasibility of using recycled asphalt,
rubberized asphalt, concrete and demolition materials in road
construction projects undertaken by the Department. In
conducting the study, the Department of Transportation shall
(i) consider development of bid specifications to promote the
use of recycled asphalt, rubberized asphalt, concrete and
demolition materials, and (ii) analyze the costs and
availability thereof. On or before July 1, 1992, the
Department shall submit a report of its findings and
recommendations to the Governor and the General Assembly.
(Source: P.A. 89-445, eff. 2-7-96.)
(415 ILCS 20/6.2) (from Ch. 111 1/2, par. 7056.2)
Sec. 6.2. Task Force. There is hereby established an
Advisory Task Force on Developing Markets for Recyclable
Materials. The Task Force shall consist of the Director of
the Department, the Director of the Environmental Protection
Agency, the State Treasurer, the Lieutenant Governor, the
Director of Agriculture, the Director of Commerce and
Community Affairs, and the Director of Central Management
Services, or their respective designees, and the following
persons appointed by the Director of the Department: one
person representing a municipality that is providing for
separate collection of recyclable materials; one person
representing the recycling industry; one person representing
a nonprofit recycling center; 2 persons representing
environmental organizations; one person representing the
State's business community; one person representing the
packaging industry; one person representing a consumer
organization; one person representing the State's higher
education community; and one person representing the solid
waste management industry.
The Task Force shall study the existence of markets for
recyclable materials, and the feasibility of various methods
of encouraging the development of such markets. In the
course of its study, the Task Force shall:
(1) address funding mechanisms for market
development programs;
(2) evaluate financial incentives for market
development programs, including but not limited to
investment tax credits, local recycling enterprise zones,
and other subsidies;
(3) identify specific market development options
that can be implemented at the local level; and
(4) investigate and explore the potential for
developing international markets.
The Task Force shall provide a preliminary report of its
findings, along with any proposed legislation that the Task
Force believes necessary, to the Governor and the General
Assembly by March 1, 1992, and a final report of its findings
by September 1, 1992, after which the Task Force is
abolished. The Department shall provide the Task Force with
such clerical and technical support as may be useful for
carrying out its purposes under this Section.
This Section is repealed on July 1, 1998.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 5-390. The Recycled Newsprint Use Act is amended
by changing Section 2009 as follows:
(415 ILCS 110/2009) (from Ch. 96 1/2, par. 9759)
Sec. 2009. Survey of paper industry. After January 1,
1992, the Department shall conduct a survey of the paper
industry to assess the availability of, quality of, and
market for all recycled content papers, including coated
groundwood papers and papers that are not newsprint. The
Department shall report the findings of its survey to the
General Assembly on or before July 1, 1992.
This Section is repealed on July 1, 1998.
(Source: P.A. 86-1443.)
Section 5-395. The Radon Mitigation Act is amended by
changing Section 6 as follows:
(420 ILCS 50/6) (from Ch. 111 1/2, par. 243-6)
Sec. 6. Report. Within 12 months of the effective date
of this Act, the Department shall prepare and present to the
Governor and the General Assembly a report describing its
findings and recommendations regarding the existence and
nature of the risk from radon in dwellings and other
buildings in Illinois, proposed measures for mitigating that
risk, and proposals for implementing those measures.
This Section is repealed on July 1, 1998.
(Source: P.A. 86-251.)
Section 5-415. The Supreme Court Act is amended by
changing Section 11 as follows:
(705 ILCS 5/11) (from Ch. 37, par. 16)
Sec. 11. The office of marshal marshall for the Supreme
Court is hereby created, such marshal marshall to be selected
by the Supreme Court, and the duties of such marshal marshall
shall be to attend upon its sittings and to perform such
other duties, under the order and direction of the said
court, as are usually performed by sheriffs of courts. The
salary of such marshal marshall shall be fixed by the judges
of the Supreme Court, such salary to be payable monthly, from
the State treasury, upon bills of particulars, signed by any
one of the judges of the Supreme Court.
(Source: Laws 1965, p. 766.)
Section 5-425. The Official Court Reports Act is amended
by changing Section 4 as follows:
(705 ILCS 65/4) (from Ch. 37, par. 644)
Sec. 4. The Supreme Court or its designee shall
determine the style, manner, size, quality, and general
format in which said decisions shall be published, together
with the frequency thereof; provided that if the decisions of
the Supreme and Appellate Reports are published in a single
volume, said volume shall be entitled "Illinois Reports" and,
if published in separate volumes, "Illinois Reports" for the
Supreme Court decisions, and "Illinois Appellate Reports" for
the Appellate Court decisions.
(Source: P.A. 77-93.)
Section 5-435. The Industrial Schools for Girls Act is
amended by adding Section 15.1 as follows:
(730 ILCS 160/15.1 new)
Sec. 15.1. Repeal. This Act is repealed on July 1,
1998.
Section 5-440. The Training School for Boys Act is
amended by adding Section 14.1 as follows:
(730 ILCS 165/14.1 new)
Sec. 14.1. Repeal. This Act is repealed on July 1,
1998.
Section 5-460. The Unemployment Insurance Act is amended
by changing Sections 1511 and 1705 as follows:
(820 ILCS 405/1511) (from Ch. 48, par. 581)
Sec. 1511. Study of experience rating. The Employment
Security Advisory Board of Unemployment Compensation and Free
Employment Office Advisors, created by Section 6.28 of "the
Civil Administrative Code of Illinois," approved March 7,
1917, as amended, hereafter designated as the Employment
Security Advisory Board, is hereby authorized and directed to
study and examine the present provisions of this Act
providing for experience rating, in order to determine
whether the rates of contribution will operate to replenish
the amount of benefits paid and to determine the effect of
experience rating upon labor and industry in this State.
The Board shall submit its findings and recommendations
based thereon to the General Assembly. The Board may employ
such experts and assistants as may be necessary to carry out
the provisions of this Section. All expenses incurred in the
making of this study, including the preparation and
submission of its findings and recommendations, shall be paid
in the same manner as is provided for the payment of costs of
administration of this Act.
(Source: P.A. 83-1503.)
(820 ILCS 405/1705) (from Ch. 48, par. 615)
Sec. 1705. Employment offices; State employment service.
The Director shall create as many employment districts and
establish and maintain as many State employment offices as he
or she deems necessary to carry out the provisions of this
Act. In addition to such offices and branches, the Illinois
Public State Free Employment Offices now in existence and
such as may hereafter be created pursuant to the provisions
of the Public Employment Office Act "An Act relating to
employment offices and agencies", approved May 11, 1903, as
amended, shall also serve as employment offices within the
purview of this Act. All such offices and agencies so created
and established, together with the said Illinois Public Free
Employment offices, shall constitute the State employment
service within the meaning of this Act. The Department of
Employment Security and the Director thereof may continue to
be the State agency for cooperation with the United States
Employment Service under an Act of Congress entitled "An Act
to provide for the establishment of a national employment
system and for cooperation with the States in the promotion
of such system, and for other purposes," approved June 6,
1933, as amended.
The Director may cooperate with or enter into agreements
with the Railroad Retirement Board with respect to the
establishment, maintenance, and use of free employment
service facilities. For the purpose of establishing and
maintaining free public employment offices, the Director is
authorized to enter into agreements with the Railroad
Retirement Board, or any other agency of the United States
charged with the administration of an unemployment
compensation law, or with any political subdivision of this
State, and as a part of any such agreement the Director may
accept moneys, services, or quarters as a contribution, to be
treated in the same manner as funds received pursuant to
Section 2103.
Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of the
general election law of the State, the Director shall make
unemployment offices available for use as temporary places of
registration. Registration within the offices shall be in
the most public, orderly, and convenient portions thereof,
and Sections 4-3, 5-3, and 11-4 of the general election law
relative to the attendance of police officers during the
conduct of registration shall apply. Registration under this
Section shall be made in the manner provided by Sections 4-8,
4-10, 5-7, 5-9, 6-34, 6-35, and 6-37 of the general election
law. Employees of the Department in those such offices are
eligible to serve as deputy registrars.
(Source: P.A. 83-1503.)
ARTICLE 10
Section 10-5. The Illinois Act on the Aging is amended
by changing Section 4.05 as follows:
(20 ILCS 105/4.05) (from Ch. 23, par. 6104.05)
Sec. 4.05. Notwithstanding any other provision of this
Act to the contrary, the Department is authorized to limit
services, to reduce or adjust payment rates, and to modify
eligibility criteria as necessary to implement contingency
reserves under the Emergency Budget Act of Fiscal Year 1992,
to the extent permitted by federal law. Any such
modification, reduction or limitation shall expire on July 1,
1992.
The requirements contained in Section 4.02 for notice
prior to a change in eligibility criteria shall not apply to
eligibility determinations for benefits payable from fiscal
year 1992 appropriations.
This Section is repealed on July 1, 1998.
(Source: P.A. 87-838.)
Section 10-10. The Department of Mental Health and
Developmental Disabilities Act is amended by changing Section
18.1 as follows:
(20 ILCS 1705/18.1) (from Ch. 91 1/2, par. 100-18.1)
Sec. 18.1. Community Mental Health and Developmental
Disabilities Services Provider Participation Fee Trust Fund.
(a) Deposits by State Treasurer. The State Treasurer
shall deposit moneys received by him as ex-officio custodian
of the Community Mental Health and Developmental Disabilities
Services Provider Participation Fee Trust Fund in banks or
savings and loan associations that have been approved by him
as State Depositaries under the Deposit of State Moneys Act
and with respect to such money shall be entitled to the same
rights and privileges as are provided by that Act with
respect to moneys in the treasury of the State of Illinois.
Any funds paid by providers in accordance with subsection
(c) shall be deposited into the Community Mental Health and
Developmental Disabilities Services Provider Participation
Fee Trust Fund.
Any funds paid by the federal government under Title XIX
of the Social Security Act to the State of Illinois for
services delivered by mental health or developmental
disabilities services community providers shall be deposited
into the Community Mental Health and Developmental
Disabilities Services Provider Participation Fee Trust Fund
if:
(1) the non-federal share is derived through
payment of fees by providers in accordance with
subsection (c); or
(2) the non-federal share is derived from local
government funds certification without regard to payment
of a fee by a provider.
(b) Definitions. As used in this Section:
"Fee" means a provider participation fee required to be
submitted by each applicable provider to the State according
to the process described in subsection (c). This fee is
imposed pursuant to the authority granted by Sections 1 and 2
of Article IX of the Illinois Constitution of 1970.
"Fee year" means the fiscal year beginning July 1 and
ending June 30 for which the fee amount applies.
"Fund" means the Community Mental Health and
Developmental Disabilities Services Provider Participation
Fee Trust Fund in the State Treasury which is hereby created.
Interest earned by the Fund shall be credited to the Fund.
"Local government funds certification" means the process
by which a unit of local government certifies the expenditure
of local government funds for the purchase of a community
mental health or developmental disabilities service for which
federal funds are available to the State on a matching basis
through Title XIX of the Social Security Act.
"Medicaid reimbursed service" means a service provided by
a provider under an agreement with the Department which is
eligible for reimbursement from the federal Medicaid program
and which is subject to the fee process.
"Provider" means a community agency which is funded by
the Department to provide a Medicaid-reimbursed service.
(c) Payment of fees due. Each year the Department shall
calculate a fee which must be paid by the provider.
(1) Calculation of projected payments. The
Department shall determine the amount of the total gross
payment projected to be made by the Department during
that fiscal year to the provider for covered services.
The projected payment shall take into consideration the
unit rates for services, the prior year's units of
service billed by the provider, and any factors which
will influence a change in the number of units of service
to be billed during the fee year.
(A) Differential payment schedule. If a
provider's projected total gross payment for the fee
year exceeds by more than 20% the actual total gross
payment for the year prior to the fee year, the
Department shall establish a fee payment schedule
for that provider which reflects the increasing
payments projected for the fee year. This special
payment schedule shall require lesser fee payments
during the first quarter with gradually increasing
fee payments according to the projected growth in
Medicaid receipts.
(B) Adjustment of inaccurate projections. If
a provider's projected total gross payment for the
fee exceeds by more than 20% the actual total gross
payment for the year prior to the fee year, the
Department shall monitor the actual total gross
payments on a quarterly basis throughout the fee
year. If, at the end of any quarter, actual
payments for the fee year to date differ by more
than 10% from projected payments, the Department
shall issue a revised fee amount to the provider.
If the actual payments exceed those projected, the
provider must submit the appropriate revised fee
amount within 30 days of the date the Department
sends the notification of the revised amount. If
the actual amounts are less than the projected
amounts, the Department must return to the provider
the appropriate share of overpaid fees, if any,
within 30 days of the determination of the
discrepancy.
(2) Multiplier. The Department shall multiply the
projected total gross payment by an amount of not more
than 15% to determine the fee amount.
(3) Notification. The Department shall notify each
provider in writing of the amount of the fee and the
required procedure for submitting the required payment.
(4) Provider submission of fee. Each applicable
provider must submit the specified fee in equal quarterly
amounts due on the first business date of each calendar
quarter.
(5) (A) Any provider that fails to pay the fee when
due, or pays less than the full amount due, shall be
required to pay a penalty of 10% of the delinquency
or deficiency for each month, or any fraction
thereof, computed on the full amount of the
delinquency or deficiency, from the time the fee was
due.
(B) In addition, the Illinois Department may
take action to notify the Office of the Comptroller
to collect any amount of monies owed under this
Section, pursuant to Section 10.05 of the State
Comptroller Act, or may suspend payments to, or
cancel or refuse to issue, extend, or reinstate a
Provider Contract or Agreement to, any provider
which has failed to pay any delinquent fee or
penalty.
(6) Local government funds certification. If local
government funds are used as a source of a portion or the
entire fee amount, the provider may certify the planned
spending of these local funds for the specified services
in lieu of actual cash payment to the Fund. This
certification must be accompanied by a statement from
each local government funder stating the intent of that
funder to contribute the applicable portion of the fee
amount. If this certification process is used, the
provider must also submit to the Department by October 31
of the year following the fee year an annual audit
statement from a Certified Public Accountant firm
demonstrating that the local government funds were spent
for the intended service in the amounts required
according to the fee amount. If these local government
funds were not spent for the Medicaid service as
required, the provider must pay to the State the amount
of the fee which was not spent, plus a fine of 25% of the
amount of the fee not properly covered by the local
government funds certification process. This payment
must be submitted to the State Treasury by October 31 of
the year following the fee year.
(d) Use of the Fund.
(1) Revenue. The Fund may receive deposits from
the federal government in accordance with subsection (a)
and from provider fees in accordance with subsection (c).
(2) Protection from reduction. The moneys in the
Fund shall be exempt from any State budget reduction
Acts. The Fund shall not be used to replace any funds
otherwise appropriated to the Medicaid program by the
General Assembly.
(3) Administration; Contingency reserve. Moneys
paid from the Fund shall be used first for payment of
administrative expenses incurred by the Department in
performing the activities authorized by this Section,
including payments of any amounts which are reimbursable
to the federal government for payments from this Fund
which are required to be paid by State warrant.
Disbursements from this Fund, other than transfers to the
General Obligation Bond Retirement and Interest Fund,
shall be by warrants drawn by the State Comptroller upon
receipt of vouchers duly executed and certified by the
Department. The Department may also establish a
contingency reserve of no more than 3% of the total
moneys collected in any one year.
(4) (Blank). Expenditures. Moneys in the Fund may
be used for making transfers to the General Obligation
Bond Retirement and Interest Fund before October 1, 1992,
as those transfers are authorized in the proceedings
authorizing debt under the Short Term Borrowing Act.
These transfers shall not exceed the principal amount of
debt issued in anticipation of the receipt by the State
of moneys to be deposited into the Fund.
After paying the necessary administrative expenses
and providing for a contingency, the Department shall
spend the remaining moneys in the Fund to reimburse
providers for providing Medicaid services.
(A) In the aggregate, providers are entitled
to a return of the entire amount required plus the
federal matching portion less administrative
expenses and less the allowed 3% contingency
reserve, based on fees paid before October 1, 1992.
No provider will receive back less than the amount
required as a fee, for fees paid before October 1,
1992.
(B) The Department shall maintain records that
show the amount of money that has been paid by each
provider into the Fund and the amount of money that
has been paid from the Fund to each provider.
(5) Audit. The Department shall conduct an annual
audit of the Fund to determine that amounts received from
or paid to providers were correct. If a unit of local
government certified non-federal funds, the provider must
submit to the Department within 120 days after the end of
the fiscal year an annual audit statement from a
certified public accountant firm demonstrating that the
local government funds were spent for the intended
service in the amounts required. If an audit identifies
amounts that a provider should have been required to pay
and did not pay, a provider should not have been required
to pay but did pay, a provider should not have received
but did receive, or a provider should have received but
did not receive, the Department shall:
(A) Make the corrected payments to the
provider;
(B) Correct the fee amount and any related
fines; or
(C) Take action to recover required amounts
from the provider.
(e) Applicability contingent on federal funds. The
requirements of subsection (c) shall apply only as long as
federal funds under the Medicaid Program are provided for the
purposes of this Section and only as long as reimbursable
expenditures are matched at the federal Medicaid percentage
of at least 50%. Whenever the Department is informed that
federal funds are not to be provided for these purposes or
are provided at a lower percentage, the Department shall
promptly refund to each provider the amount of money
deposited by each provider, minus payments made from fee
funds to the provider, minus the proportionate share of funds
spent for administration, plus the proportionate share of any
investment earnings. In no event shall the Department
calculate a fee or require the payment of a fee for any
quarter beginning on or after October 1, 1992.
(f) The Department may promulgate rules and regulations
to implement this Section. For the purposes of the Illinois
Administrative Procedure Act, the adoption or amendment of
rules to implement this amendatory Act of 1991 shall be
deemed an emergency and necessary for the public interest,
safety and welfare.
(Source: P.A. 89-626, eff. 8-9-96.)
Section 10-15. The Military Code of Illinois is amended
by changing Section 22-7 as follows:
(20 ILCS 1805/22-7) (from Ch. 129, par. 220.22-7)
Sec. 22-7. Transfers from the Illinois National Guard
Armory Construction Fund. In addition to any other permitted
use of moneys in the Fund, and notwithstanding Sections 22-3
and 22-6 and any other restriction on the use of the Fund,
moneys in the Illinois National Guard Armory Construction
Fund may be transferred to the General Revenue Fund as
authorized by this amendatory Act of 1992. The General
Assembly finds that an excess of moneys exists in the Fund.
On February 1, 1992, the Comptroller shall order transferred
and the Treasurer shall transfer $1,000,000 (or such lesser
amount as may be on deposit in the Fund and unexpended and
unobligated on that date) from the Fund to the General
Revenue Fund.
This Section is repealed on July 1, 1998.
(Source: P.A. 87-838.)
Section 10-20. The Civil Administrative Code of Illinois
is amended by changing Section 55a as follows:
(20 ILCS 2605/55a) (from Ch. 127, par. 55a)
Sec. 55a. (A) The Department of State Police shall have
the following powers and duties, and those set forth in
Sections 55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central adjudicatory
and dispositional records system for persons under 19 years
of age who have been adjudicated delinquent minors and to
make information available to local registered participating
police youth officers so that police youth officers will be
able to obtain rapid access to the juvenile's background from
other jurisdictions to the end that the police youth officers
can make appropriate dispositions which will best serve the
interest of the child and the community. Information
maintained in the adjudicatory and dispositional record
system shall be limited to the incidents or offenses for
which the minor was adjudicated delinquent by a court, and a
copy of the court's dispositional order. All individually
identifiable records in the adjudicatory and dispositional
records system shall be destroyed when the person reaches 19
years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable adjudicatory and
dispositional records except when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered police youth
officers.
For the purposes of this Act "police youth officer" means
a member of a duly organized State, county or municipal
police force who is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable adjudicatory and dispositional records for the
purpose of determining or challenging the accuracy of the
records. Final administrative decisions shall be subject to
the provisions of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the State Police Services Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $500,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement Agencies Data System (LEADS) for the purpose of
effecting an immediate law enforcement response to reports of
missing persons, including lost, missing or runaway minors.
The Department shall implement an automatic data exchange
system to compile, to maintain and to make available to other
law enforcement agencies for immediate dissemination data
which can assist appropriate agencies in recovering missing
persons.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) develop and implement a policy whereby a
statewide or regional alert would be used in situations
relating to the disappearances of individuals, based on
criteria and in a format established by the Department.
Such a format shall include, but not be limited to, the
age of the missing person and the suspected circumstance
of the disappearance;
(3) notify all law enforcement agencies that
reports of missing persons shall be entered as soon as
the minimum level of data specified by the Department is
available to the reporting agency, and that no waiting
period for the entry of such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) create a quality control program regarding
confirmation of missing person data, timeliness of
entries of missing person reports into LEADS and
performance audits of all entering agencies.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Board shall develop and
certify a course of such training to be made available to
local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the adjudicatory and
dispositional record system as defined in subdivision (A)19
of this Section if the Department of Children and Family
Services determines the information is necessary to perform
its duties under the Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and Family
Services Act. The request shall be in the form and manner
specified by the Department of State Police.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
(Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
Section 10-30. The State Finance Act is amended by
changing Sections 5, 6, 6z-11, 8.8b, 8.20, 8.25, 8c, 8d, and
10 as follows:
(30 ILCS 105/5) (from Ch. 127, par. 141)
Sec. 5. Special funds.
(a) There are special funds in the State Treasury
designated as specified in the Sections which succeed this
Section 5 and precede Section 6.
(b) Except as provided in the Illinois Motor Vehicle
Theft Prevention Act, when any special fund in the State
Treasury is discontinued by an Act of the General Assembly,
any balance remaining therein on the effective date of such
Act shall be transferred to the General Revenue Fund, or to
such other fund as such Act shall provide. Warrants
outstanding against such discontinued fund at the time of the
transfer of any such balance therein shall be paid out of the
fund to which the transfer was made.
(c) When any special fund in the State Treasury has been
inactive for 18 months or longer, the fund is automatically
terminated by operation of law and the balance remaining in
such fund shall be transferred by the Comptroller to the
General Revenue Fund. When a special fund has been
terminated by operation of law as provided in this Section,
the General Assembly shall repeal or amend all Sections of
the statutes creating or otherwise referring to that fund.
The Comptroller shall be allowed the discretion to
maintain or dissolve any federal trust fund which has been
inactive for 18 months or longer.
(d) (Blank). Until July 1, 1992, the Governor may direct
the Comptroller and the Treasurer to transfer monies from any
special fund in the State Treasury created prior to July 1,
1991 to the General Revenue Fund, notwithstanding any
limitation on the use of monies in the special fund that may
be imposed by this Act or by any other Act. The amounts
transferred under this subsection (d) may not exceed a total
of $50,000,000.
(e) (Blank). Pursuant to the General Assembly's findings
in the Emergency Budget Act of Fiscal Year 1992 that an
excess exists or has existed in certain specified special
funds, the Comptroller and Treasurer shall have the authority
to transfer into the General Revenue Fund from each of those
special funds the amount specified in those findings.
(Source: P.A. 86-1408; 87-14; 87-838.)
(30 ILCS 105/6) (from Ch. 127, par. 142)
Sec. 6. The gross or total proceeds, receipts and income
of all lands leased by the Department of Corrections and of
all industrial operations at the several State institutions
and divisions under the direction and supervision of the
Department of Corrections shall be covered into the State
treasury into a state trust fund to be known as "The Working
Capital Revolving Fund". "Industrial operations", as herein
used, means and includes the operation of those State
institutions producing, by the use of materials, supplies and
labor, goods, or wares or merchandise to be sold.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Working Capital Revolving Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $1,500,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
(Source: P.A. 87-838.)
(30 ILCS 105/6z-11) (from Ch. 127, par. 142z-11)
Sec. 6z-11. All moneys received by the Illinois Bank
Examiners' Education Foundation pursuant to subsection (11)
of Section 48 of the Illinois Banking Act shall be deposited
into a special fund known as the Illinois Bank Examiners'
Education Fund, which is hereby created in the State
Treasury, or deposited into an account maintained in a
commercial bank or corporate fiduciary in the name of the
Illinois Bank Examiners' Education Foundation pursuant to the
order and direction of the Board of Trustees of the Illinois
Bank Examiners' Education Foundation. The Board of Trustees
of the Illinois Bank Examiners' Education Foundation shall
determine whether the Treasurer of the State of Illinois
shall invest those moneys in the Public Treasurers'
Investment Pool or in any other investment he is authorized
to make, whether the Illinois State Board of Investment shall
invest those moneys, or whether the moneys shall be placed on
deposit at a commercial bank or corporate fiduciary. All
interest or income earned on monies in Illinois Bank
Examiners' Education Fund shall be deposited in the Fund.
Moneys in the Illinois Bank Examiners' Education Fund may
be expended, subject to appropriation, or, if maintained on
deposit at a commercial bank or corporate fiduciary, upon the
order of the Board of Trustees of the Illinois Bank
Examiners' Education Foundation, drawn by the treasurer of
the Board of Trustees and countersigned by the secretary of
the Board of Trustees for the payment of expenses of the
Board of Trustees of the Illinois Bank Examiners' Education
Foundation, administrative expenses of the Illinois Bank
Examiners' Education Program, and expenses of the Illinois
Bank Examiners' Education Program.
Whenever funds retained by the Illinois Bank Examiners'
Education Foundation in its own treasury are deposited with a
commercial bank or corporate fiduciary and the amount of the
deposit exceeds the amount of federal deposit insurance
coverage, a bond or pledged securities shall be obtained.
Only the types of securities that the State Treasurer may, in
his discretion, accept for amounts not insured by the Federal
Deposit Insurance Corporation under Section 11 of the Deposit
of State Moneys Act may be accepted as pledged securities.
The market value of the bond or pledged securities shall at
all times be equal to or greater than the uninsured portion
of the deposit.
The Auditor General shall audit or cause to be audited
the above items of income and all other income and
expenditures of this Fund.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Illinois Bank Examiners' Education Fund
may be transferred to the General Revenue Fund as authorized
by this amendatory Act of 1992. The General Assembly finds
that an excess of moneys exists in the Fund. On February 1,
1992, the Comptroller shall order transferred and the
Treasurer shall transfer $500,000 (or such lesser amount as
may be on deposit in the Fund and unexpended and unobligated
on that date) from the Fund to the General Revenue Fund.
(Source: P.A. 87-838; 87-1038.)
(30 ILCS 105/8.8b) (from Ch. 127, par. 144.8b)
Sec. 8.8b. Transfers from Grade Crossing Protection Fund.
In addition to any other permitted use of moneys in the Fund,
and notwithstanding any restriction on the use of the Fund,
moneys in the Grade Crossing Protection Fund may be
transferred to the General Revenue Fund as authorized by
Public Act 87-14. The General Assembly finds that an excess
of moneys existed in the Fund on July 30, 1991, and the
Governor's order of July 30, 1991, requesting the Comptroller
and Treasurer to transfer an amount from the Fund to the
General Revenue Fund is hereby validated.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Grade Crossing Protection Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $1,000,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
(Source: P.A. 87-838.)
(30 ILCS 105/8.20) (from Ch. 127, par. 144.20)
Sec. 8.20. Appropriations for the ordinary and
contingent expenses of the Illinois Liquor Control Commission
shall be paid from the Dram Shop Fund. On August 30 of each
fiscal year's license period, an amount of money equal to the
number of retail liquor licenses issued for that fiscal year
multiplied by $50 shall be transferred from the Dram Shop
Fund and shall be deposited in the Youth Alcoholism and
Substance Abuse Prevention Fund. Beginning June 30, 1990 and
on June 30 of each subsequent year, any balance over
$5,000,000 remaining in the Dram Shop Fund shall be credited
to State liquor licensees and applied against their fees for
State liquor licenses for the following year. The amount
credited to each licensee shall be a proportion of the
balance in the Dram Shop Fund that is the same as the
proportion of the license fee paid by the licensee under
Section 5-3 of The Liquor Control Act of 1934, as now or
hereafter amended, for the period in which the balance was
accumulated to the aggregate fees paid by all licensees
during that period.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Dram Shop Fund may be transferred to the
General Revenue Fund as authorized by Public Act 87-14. The
General Assembly finds that an excess of moneys existed in
the Fund on July 30, 1991, and the Governor's order of July
30, 1991, requesting the Comptroller and Treasurer to
transfer an amount from the Fund to the General Revenue Fund
is hereby validated.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Dram Shop Fund may be transferred to the
General Revenue Fund as authorized by this amendatory Act of
1992. The General Assembly finds that an excess of moneys
exists in the Fund. On February 1, 1992, the Comptroller
shall order transferred and the Treasurer shall transfer
$750,000 (or such lesser amount as may be on deposit in the
Fund and unexpended and unobligated on that date) from the
Fund to the General Revenue Fund.
(Source: P.A. 86-653; 86-983; 86-1028; 87-838.)
(30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
Sec. 8.25. Build Illinois Fund; uses.
(A) All moneys in the Build Illinois Fund shall be
transferred, appropriated, and used only for the purposes
authorized by and subject to the limitations and conditions
prescribed by this Section. There are established the
following accounts in the Build Illinois Fund: the McCormick
Place Account, the Build Illinois Bond Account, the Build
Illinois Purposes Account, the Park and Conservation Fund
Account, and the Tourism Advertising and Promotion Account.
Amounts deposited into the Build Illinois Fund consisting of
1.55% before July 1, 1986, and 1.75% on and after July 1,
1986, of moneys received by the Department of Revenue under
Section 9 of the Use Tax Act, Section 9 of the Service Use
Tax Act, Section 9 of the Service Occupation Tax Act, and
Section 3 of the Retailers' Occupation Tax Act, and all
amounts deposited therein under Section 28 of the Illinois
Horse Racing Act of 1975, Section 4.05 of the Chicago World's
Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel
Operators' Occupation Tax Act, shall be credited initially to
the McCormick Place Account and all other amounts deposited
into the Build Illinois Fund shall be credited initially to
the Build Illinois Bond Account. Of the amounts initially so
credited to the McCormick Place Account in each month, the
amount that is to be transferred in that month to the
Metropolitan Fair and Exposition Authority Improvement Bond
Fund, as provided below, shall remain credited to the
McCormick Place Account, and all amounts initially so
credited in that month in excess thereof shall next be
credited to the Build Illinois Bond Account. Of the amounts
credited to the Build Illinois Bond Account in each month,
the amount that is to be transferred in that month to the
Build Illinois Bond Retirement and Interest Fund, as provided
below, shall remain credited to the Build Illinois Bond
Account, and all amounts so credited in each month in excess
thereof shall next be credited monthly to the other accounts
in the following order of priority: first, to the Build
Illinois Purposes Account, (a) 1/12, or in the case of fiscal
year 1986, 1/9, of the fiscal year amounts authorized to be
transferred to the Build Illinois Purposes Fund as provided
below plus (b) any cumulative deficiency in those transfers
for prior months; second, 1/12 of $10,000,000, plus any
cumulative deficiency in those transfers for prior months, to
the Park and Conservation Fund Account; third, to the Tourism
Advertising and Promotion Account, an amount equal to (a) the
greater of 1/12 of $10,000,000 or 1/12 of the amount of the
fiscal year appropriation to the Department of Commerce and
Community Affairs, plus (b) any cumulative deficiency in
those transfers for prior months, to advertise and promote
tourism throughout Illinois under subsection (2) of Section
4a of the Illinois Promotion Act; and fourth, to the General
Revenue Fund in the State Treasury all amounts that remain in
the Build Illinois Fund on the last day of each month and are
not credited to any account in that Fund.
Transfers from the McCormick Place Account in the Build
Illinois Fund shall be made as follows:
Beginning with fiscal year 1985 and continuing for each
fiscal year thereafter, the Metropolitan Pier and Exposition
Authority shall annually certify to the State Comptroller and
State Treasurer the amount necessary and required during the
fiscal year with respect to which the certification is made
to pay the debt service requirements (including amounts to be
paid with respect to arrangements to provide additional
security or liquidity) on all outstanding bonds and notes,
including refunding bonds (herein collectively referred to as
bonds) of issues in the aggregate amount (excluding the
amount of any refunding bonds issued by that Authority after
January 1, 1986) of not more than $312,500,000 issued after
July 1, 1984, by that Authority for the purposes specified in
Sections 10.1 and 13.1 of the Metropolitan Pier and
Exposition Authority Act. In each month of the fiscal year
in which there are bonds outstanding with respect to which
the annual certification is made, the Comptroller shall order
transferred and the Treasurer shall transfer from the
McCormick Place Account in the Build Illinois Fund to the
Metropolitan Fair and Exposition Authority Improvement Bond
Fund an amount equal to 150% of the certified amount for that
fiscal year divided by the number of months during that
fiscal year in which bonds of the Authority are outstanding,
plus any cumulative deficiency in those transfers for prior
months; provided, that the maximum amount that may be so
transferred in fiscal year 1985 shall not exceed $15,000,000
or a lesser sum as is actually necessary and required to pay
the debt service requirements for that fiscal year after
giving effect to net operating revenues of that Authority
available for that purpose as certified by that Authority,
and provided further that the maximum amount that may be so
transferred in fiscal year 1986 shall not exceed $30,000,000
and in each fiscal year thereafter shall not exceed
$33,500,000 in any fiscal year or a lesser sum as is actually
necessary and required to pay the debt service requirements
for that fiscal year after giving effect to net operating
revenues of that Authority available for that purpose as
certified by that Authority.
When an amount equal to 100% of the aggregate amount of
principal and interest in each fiscal year with respect to
bonds issued after July 1, 1984, that by their terms are
payable from the Metropolitan Fair and Exposition Authority
Improvement Bond Fund, including under sinking fund
requirements, has been so paid and deficiencies in reserves
established from bond proceeds shall have been remedied, and
at the time that those amounts have been transferred to the
Authority as provided in Section 13.1 of the Metropolitan
Pier and Exposition Authority Act, the remaining moneys, if
any, deposited and to be deposited during each fiscal year to
the Metropolitan Fair and Exposition Authority Improvement
Bond Fund shall be transferred to the Metropolitan Fair and
Exposition Authority Completion Note Subordinate Fund.
Transfers from the Build Illinois Bond Account in the
Build Illinois Fund shall be made as follows:
Beginning with fiscal year 1986 and continuing for each
fiscal year thereafter so long as limited obligation bonds of
the State issued under the Build Illinois Bond Act remain
outstanding, the Comptroller shall order transferred and the
Treasurer shall transfer in each month, commencing in
October, 1985, on the last day of that month, from the Build
Illinois Bond Account to the Build Illinois Bond Retirement
and Interest Fund in the State Treasury the amount required
to be so transferred in that month under Section 13 of the
Build Illinois Bond Act.
Transfers from the remaining accounts in the Build
Illinois Fund shall be made in the following amounts and in
the following order of priority:
Beginning with fiscal year 1986 and continuing each
fiscal year thereafter, as soon as practicable after the
first day of each month, commencing in October, 1985, the
Comptroller shall order transferred and the Treasurer shall
transfer from the Build Illinois Purposes Account in the
Build Illinois Fund to the Build Illinois Purposes Fund
1/12th (or in the case of fiscal year 1986 1/9) of the
amounts specified below for the following fiscal years:
Fiscal Year Amount
1986 $35,000,000
1987 $45,000,000
1988 $50,000,000
1989 $55,000,000
1990 $55,000,000
1991 $50,000,000
1992 $16,200,000
1993 $16,200,000,
plus any cumulative deficiency in those transfers for prior
months.
As soon as may be practicable after the first day of each
month beginning after July 1, 1984, the Comptroller shall
order transferred and the Treasurer shall transfer from the
Park and Conservation Fund Account in the Build Illinois Fund
to the Park and Conservation Fund 1/12 of $10,000,000, plus
any cumulative deficiency in those transfers for prior
months, for conservation and park purposes as enumerated in
Section 63a36 of the Civil Administrative Code of Illinois,
and to pay the debt service requirements on all outstanding
bonds of an issue in the aggregate amount of not more than
$40,000,000 issued after January 1, 1985, by the State of
Illinois for the purposes specified in Section 3(c) of the
Capital Development Bond Act of 1972, or for the same
purposes as specified in any other State general obligation
bond Act enacted after November 1, 1984. Transfers from the
Park and Conservation Fund to the Capital Development Bond
Retirement and Interest Fund to pay those debt service
requirements shall be made in accordance with Section 8.25b
of this Act.
As soon as may be practicable after the first day of each
month, the Comptroller shall order transferred and the
Treasurer shall transfer from the Tourism Advertising and
Promotion Account to the General Revenue Fund in fiscal year
1993 and thereafter an amount equal to (a) the greater of
1/12 of $10,000,000 or 1/12 of the amount of the fiscal year
appropriation to the Department of Commerce and Community
Affairs, plus (b) any cumulative deficiency in those
transfers for prior months, to advertise and promote tourism
throughout Illinois under subsection (2) of Section 4a of the
Illinois Promotion Act.
All funds remaining in the Build Illinois Fund on the
last day of any month and not credited to any account in that
Fund shall be transferred by the State Treasurer to the
General Revenue Fund.
(B) For the purpose of this Section, "cumulative
deficiency" shall include all deficiencies in those transfers
that have occurred since July 1, 1984, as specified in
subsection (A) of this Section.
(C) In addition to any other permitted use of moneys in
the Fund, and notwithstanding any restriction on the use of
the Fund, moneys in the Park and Conservation Fund may be
transferred to the General Revenue Fund as authorized by
Public Act 87-14. The General Assembly finds that an excess
of moneys existed in the Fund on July 30, 1991, and the
Governor's order of July 30, 1991, requesting the Comptroller
and Treasurer to transfer an amount from the Fund to the
General Revenue Fund is hereby validated.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Park and Conservation Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $7,000,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
(D) (Blank). In addition to any other permitted use of
moneys in the Fund, and notwithstanding any restriction on
the use of the Fund, moneys in the Local Tourism Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $500,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
(Source: P.A. 87-14; 87-838; 87-860; 87-873; 87-895; 88-465.)
(30 ILCS 105/8c) (from Ch. 127, par. 144c)
Sec. 8c. Appropriations for projects and activities
authorized by The Build Illinois Act are payable from the
Build Illinois Purposes Fund, but may be obligated and
expended only with the written approval of the Governor in
such amounts, at such times, and for such purposes as
contemplated in such appropriations and in The Build Illinois
Act.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Build Illinois Purposes Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $1,000,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
(Source: P.A. 87-838.)
(30 ILCS 105/8d) (from Ch. 127, par. 144d)
Sec. 8d. Transfers between the Solid Waste Management
Fund and the General Revenue Fund. As soon as may be
practicable after August 1, 1986, the State Comptroller shall
order transferred and the Treasurer shall transfer from the
General Revenue Fund to the Solid Waste Management Fund the
amount of $1,250,000. On April 15, 1987 and on the 15th day
of each month thereafter, the Comptroller shall order
transferred and the Treasurer shall transfer from the Solid
Waste Management Fund to the General Revenue Fund the lesser
of $500,000 or an amount equal to 50% of the money deposited
into the Solid Waste Management Fund during the previous
month. Once the cumulative amount transferred from the Solid
Waste Management Fund to the General Revenue Fund reaches
$1,250,000 such transfers shall cease.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Solid Waste Management Fund may be
transferred to the General Revenue Fund as authorized by
Public Act 87-14. The General Assembly finds that an excess
of moneys existed in the Fund on July 30, 1991, and the
Governor's order of July 30, 1991, requesting the Comptroller
and Treasurer to transfer an amount from the Fund to the
General Revenue Fund is hereby validated.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Solid Waste Management Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $5,000,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
(Source: P.A. 87-838.)
(30 ILCS 105/10) (from Ch. 127, par. 146)
Sec. 10. Subject to the contingency reserves established
under the Emergency Budget Act of Fiscal Year 1992, When an
appropriation has been made by the General Assembly for the
ordinary and contingent expenses of the operation,
maintenance and administration of the several offices,
departments, institutions, boards, commissions and agencies
of the State government, the State Comptroller shall draw his
warrant on the State Treasurer for the payment of the same
upon the presentation of itemized vouchers, issued,
certified, and approved, as follows:
For appropriations to
(1) Elective State officers in the executive
Department, to be certified and approved by such
officers, respectively;
(2) The Supreme Court, to be certified and approved
by the Chief Justice thereof;
(3) Appellate Court, to be certified and approved
by the Chief Justice of each judicial district;
(4) The State Senate, to be certified and approved
by the President;
(5) The House of Representatives, to be certified
and approved by the Speaker;
(6) The Auditor General, to be certified and
approved by the Auditor General;
(7) Clerks of courts, to be certified and approved
by the clerk incurring expenditures;
(8) The departments under the Civil Administrative
Code, to be certified and approved by the Director or
Secretary of the Department;
(9) The University of Illinois, to be certified by
the president and secretary of the Board of Trustees of
the University of Illinois, with the corporate seal of
the University attached thereto;
(10) The State Universities Retirement System, to
be certified to by the President and Secretary of the
Board of Trustees of the System;
(11) The Board of Trustees of Illinois State
University, to be certified to by the president and
secretary of that Board of Trustees, with the corporate
seal of that University attached thereto;
(12) The Board of Trustees of Northern Illinois
University, to be certified to by the president and
secretary of that Board of Trustees, with the corporate
seal of that University attached thereto;
(12a) The Board of Trustees of Chicago State
University, certified to by the president and secretary
of that Board of Trustees, with the corporate seal of
that University attached thereto;
(12b) The Board of Trustees of Eastern Illinois
University, certified to by the president and secretary
of that Board of Trustees, with the corporate seal of
that University attached thereto;
(12c) The Board of Trustees of Governors State
University, certified to by the president and secretary
of that Board of Trustees, with the corporate seal of
that University attached thereto;
(12d) The Board of Trustees of Northeastern
Illinois University, certified to by the president and
secretary of that Board of Trustees, with the corporate
seal of that University attached thereto;
(12e) The Board of Trustees of Western Illinois
University, certified to by the president and secretary
of that Board of Trustees, with the corporate seal of
that University attached thereto;
(13) Southern Illinois University, to be certified
to by the President and Secretary of the Board of
Trustees of Southern Illinois University, with the
corporate seal of the University attached thereto;
(14) The Adjutant General, to be certified and
approved by the Adjutant General;
(15) The Illinois Legislative Investigating
Commission, to be certified and approved by its Chairman,
or when it is organized with Co-Chairmen, by either of
its Co-Chairmen;
(16) All other officers, boards, commissions and
agencies of the State government, certified and approved
by such officer or by the president or chairman and
secretary or by the executive officer of such board,
commission or agency;
(17) Individuals, to be certified by such
individuals;
(18) The farmers' institute, agricultural,
livestock, poultry, scientific, benevolent, and other
private associations, or corporations of whatsoever
nature, to be certified and approved by the president and
secretary of such society.
Nothing contained in this Section shall be construed to
amend or modify the "Personnel Code".
This Section is subject to Section 9.02.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 10-35. The Emergency Budget Act of 1992 is
amended by adding Section 502 as follows:
(30 ILCS 185/502 new)
Sec. 502. Repeal of Act. This Act is repealed on July
1, 1998.
Section 10-40. The Illinois Coal Technology Development
Assistance Act is amended by changing Section 4 as follows:
(30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
Sec. 4. Expenditures from Coal Technology Development
Assistance Fund.
(a) The contents of the Coal Technology Development
Assistance Fund may be expended, subject to appropriation by
the General Assembly, in such amounts and at such times as
the Department, with the approval of the Board, may deem
necessary or desirable for the purposes of this Act.
(b) The Department shall develop a written plan
containing measurable 3-year and 10-year goals and objectives
in regard to the funding of coal research and coal
demonstration and commercialization projects, and programs
designed to preserve and enhance markets for Illinois coal.
In developing these goals and objectives, the Department
shall consider and determine the appropriate balance for the
achievement of near-term and long-term goals and objectives
and of ensuring the timely commercial application of
cost-effective technologies or energy and chemical production
processes or systems utilizing coal. The Department shall
develop the initial goals and objectives no later than
December 1, 1993, and develop revised goals and objectives no
later than July 1 annually thereafter.
(c) (Blank). In addition to any other permitted use of
moneys in the Fund, and notwithstanding any restriction on
the use of the Fund, moneys in the Coal Technology
Development Assistance Fund may be transferred to the General
Revenue Fund as authorized by this amendatory Act of 1992.
The General Assembly finds that an excess of moneys exists in
the Fund. On February 1, 1992, the Comptroller shall order
transferred and the Treasurer shall transfer $500,000 (or
such lesser amount as may be on deposit in the Fund and
unexpended and unobligated on that date) from the Fund to the
General Revenue Fund.
(Source: P.A. 88-391; 89-499, eff. 6-28-96.)
Section 10-45. The Build Illinois Act is amended by
changing Section 10-6 as follows:
(30 ILCS 750/10-6) (from Ch. 127, par. 2710-6)
Sec. 10-6. Large Business Attraction Fund.
(a) There is created the Large Business Attraction Fund
to be held as part of the State Treasury. The Department is
authorized to make loans from the Fund for the purposes
established under this Article. The State Treasurer shall
have custody of the Fund and may invest in securities
constituting direct obligations of the United States
Government, in obligations the principal of and interest on
which are guaranteed by the United States Government, or in
certificates of deposit of any State or national bank that
are fully secured by obligations guaranteed as to principal
and interest by the United States Government. The purpose of
the Fund is to offer loans to finance large firms considering
the location of a proposed plant in the State and to provide
financing to carry out the purposes and provisions of
paragraph (h) of Section 10-3. Financing shall be in the
form of a loan, mortgage, or other debt instrument. All
loans shall be conditioned on the project receiving financing
from participating lenders or other sources. Loan proceeds
shall be available for project costs associated with an
expansion of business capacity and employment, except for
debt refinancing. Targeted companies for the program shall
primarily consist of established industrial and service
companies with proven records of earnings that will sell
their product to markets beyond Illinois and have proven
multistate location options. New ventures shall be
considered only if the entity is protected with adequate
security with regard to its financing and operation. The
limitations and conditions with respect to the use of this
Fund shall not apply in carrying out the purposes and
provisions of paragraph (h) of Section 10-3.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Large Business Attraction Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $1,500,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
(b) Deposits into the Fund shall include, but are not
limited to:
(1) Any appropriations, grants, or gifts made to
the Fund.
(2) Any income received from interest on
investments of amounts from the Fund not currently needed
to meet the obligations of the Fund.
(c) The State Comptroller and the State Treasurer shall
from time to time, upon the written direction of the
Governor, transfer from the Fund to the General Revenue Fund
those amounts that the Governor determines are in excess of
the amounts required to meet the obligations of the Fund.
(Source: P.A. 87-14; 87-838; 87-895.)
Section 10-55. The Illinois Insurance Code is amended by
changing Sections 408.3 and 509.1 as follows:
(215 ILCS 5/408.3) (from Ch. 73, par. 1020.3)
Sec. 408.3. Insurance Financial Regulation Fund; uses.
The monies deposited into the Insurance Financial Regulation
Fund shall be used only for (i) payment of the expenses of
the Department, including related administrative expenses,
incurred in analyzing, investigating and examining the
financial condition or control of insurance companies and
other entities licensed or seeking to be licensed by the
Department, including the collection, analysis and
distribution of information on insurance premiums, other
income, costs and expenses, and (ii) to pay internal costs
and expenses of the Interstate Insurance Receivership
Commission allocated to this State and authorized and
admitted companies doing an insurance business in this State
under Article X of the Interstate Receivership Compact. All
distributions and payments from the Insurance Financial
Regulation Fund shall be subject to appropriation as
otherwise provided by law for payment of such expenses.
Sums appropriated under clause (ii) of the preceding
paragraph shall be deemed to satisfy, pro tanto, the
obligations of insurers doing business in this State under
Article X of the Interstate Insurance Receivership Compact.
Nothing in this Code shall prohibit the General Assembly
from appropriating funds from the General Revenue Fund to the
Department for the purpose of administering this Code.
No fees collected pursuant to Section 408 of this Code
shall be used for the regulation of pension funds or
activities by the Department in the performance of its duties
under Article 22 of the Illinois Pension Code.
If at the end of a fiscal year the balance in the
Insurance Financial Regulation Fund which remains unexpended
or unobligated exceeds the amount of funds that the Director
may certify is needed for the purposes enumerated in this
Section, then the General Assembly may appropriate that
excess amount for purposes other than those enumerated in
this Section.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Insurance Financial Regulation Fund may
be transferred to the General Revenue Fund as authorized by
this amendatory Act of 1992. The General Assembly finds that
an excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $150,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
(Source: P.A. 89-247, eff. 1-1-96.)
(215 ILCS 5/509.1) (from Ch. 73, par. 1065.56-1)
Sec. 509.1. Fees.
(a) The fees required by this Article are as follows:
(1) An annual fee of $75 for an insurance producer
license;
(2) A fee of $25 for the issuance of a temporary
insurance producer license;
(3) An annual registration fee of $25 for a
business firm to register;
(4) An annual $25 fee for a limited insurance
representative license;
(5) A $25 application fee for the processing of
each request to take the written examination for an
insurance producer license;
(6) An annual registration fee of $500 for an
education provider to register;
(7) A certification fee of $25 for each certified
prelicensing or continuing education course and an annual
fee of $10 for renewing the certification of each such
course; and
(8) A license reinstatement fee of $50 for
reinstating a license which lapsed because the annual fee
was not received by the due date.
(9) A registration fee of $15 for reinstating a
firm registration that lapsed because the annual fee was
not received by the due date.
(b) Except as otherwise provided, all fees paid to and
collected by the Director under this Section shall be paid
promptly after receipt thereof, together with a detailed
statement of such fees, into a special fund in the State
Treasury to be known as the Insurance Producer Administration
Fund. The monies deposited into the Insurance Producer
Administrative Fund shall be used only for payment of the
expenses of the Department in the execution, administration
and enforcement of the insurance laws of this State, and
shall be appropriated as otherwise provided by law for the
payment of such expenses with first priority being any
expenses incident to or associated with the administration
and enforcement of this Article.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Insurance Producer Administration Fund
may be transferred to the General Revenue Fund as authorized
by this amendatory Act of 1992. The General Assembly finds
that an excess of moneys exists in the Fund. On February 1,
1992, the Comptroller shall order transferred and the
Treasurer shall transfer $1,500,000 (or such lesser amount as
may be on deposit in the Fund and unexpended and unobligated
on that date) from the Fund to the General Revenue Fund.
(Source: P.A. 89-152, eff. 1-1-97.)
Section 10-70. The Illinois Nursing Act of 1987 is
amended by changing Section 24 as follows:
(225 ILCS 65/24) (from Ch. 111, par. 3524)
Sec. 24. There is hereby created within the State
Treasury the Nursing Dedicated and Professional Fund. The
monies in the Fund shall be used by and at the direction of
the Department for the administration and enforcement of this
Act, including but not limited to:
(a) Distribution and publication of "The Illinois
Nursing Act" and the rules and regulations at the time of
renewal to all Registered Professional Nurses and
Licensed Practical Nurses licensed by the Department;
(b) Employment of secretarial, nursing,
administrative, enforcement and research assistance for
the administration of this Act. After January 1, 1991,
the Director shall employ, in conformity with the
Personnel Code, one full-time investigator for every
10,000 nurses licensed to practice in the State;
(c) Surveying, every license renewal period, the
nurse population of Illinois, its employment, earnings,
distribution, education and other professional and
demographic characteristics, and for the publication and
distribution of the survey; and
(d) Conducting of training seminars for licensees
under this Act relating to the obligations,
responsibilities, enforcement and other provisions of the
Act and the regulations thereunder.
(e) Disposition of Fees:
(i) Until January 1, 1991, 50% of the fees
collected pursuant to this Act shall be deposited in
the Nursing Dedicated and Professional Fund and 50%
shall be deposited in the General Revenue Fund.
(ii) On or after January 1, 1991, all of the
fees collected pursuant to this Act shall be
deposited in the Nursing Dedicated and Professional
Fund.
For the fiscal year beginning July 1, 1988, the monies
deposited in the Nursing Dedicated and Professional Fund
shall be appropriated to the Department for expenses of the
Department and the Committee in the administration of this
Act. All earnings received from investment of monies in the
Nursing Dedicated and Professional Fund shall be deposited in
the Nursing Dedicated and Professional Fund and shall be used
for the same purposes as fees deposited in the Fund.
For the fiscal year beginning July 1, 1991 and for each
fiscal year thereafter, either 10% of the monies deposited in
the Nursing Dedicated and Professional Fund each year, not
including interest accumulated on such monies, or any monies
deposited in the Fund in each year which are in excess of the
amount appropriated in that year to meet ordinary and
contingent expenses of the Committee, whichever is less,
shall be set aside and appropriated to the Illinois
Department of Public Health for nursing scholarships awarded
pursuant to the Nursing Education Scholarship Law.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 61e of the
Civil Administrative Code of Illinois.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Nursing Dedicated and Professional Fund
may be transferred to the General Revenue Fund as authorized
by this amendatory Act of 1992. The General Assembly finds
that an excess of moneys exists in the Fund. On February 1,
1992, the Comptroller shall order transferred and the
Treasurer shall transfer $200,000 (or such lesser amount as
may be on deposit in the Fund and unexpended and unobligated
on that date) from the Fund to the General Revenue Fund.
(Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
89-626, eff. 8-9-96.)
Section 10-80. The Pharmacy Practice Act of 1987 is
amended by changing Section 27 as follows:
(225 ILCS 85/27) (from Ch. 111, par. 4147)
Sec. 27. Fees. The following fees are not refundable.
(A) Certificate of pharmacy technician.
(1) The fee for application for a certificate of
registration as a pharmacy technician is $40.
(2) The fee for the renewal of a certificate of
registration as a pharmacy technician shall be calculated
at the rate of $25 per year.
(B) License as a pharmacist.
(1) The fee for application for a license is $75.
(2) In addition, applicants for any examination as
a registered pharmacist shall be required to pay, either
to the Department or to the designated testing service, a
fee covering the cost of determining an applicant's
eligibility and providing the examination. Failure to
appear for the examination on the scheduled date, at the
time and place specified, after the applicant's
application for examination has been received and
acknowledged by the Department or the designated testing
service, shall result in the forfeiture of the
examination fee.
(3) The fee for a license as a registered
pharmacist registered or licensed under the laws of
another state or territory of the United States is $200.
(4) The fee upon the renewal of a license shall be
calculated at the rate of $75 per year.
(5) The fee for the restoration of a certificate
other than from inactive status is $10 plus all lapsed
renewal fees.
(6) Applicants for the preliminary diagnostic
examination shall be required to pay, either to the
Department or to the designated testing service, a fee
covering the cost of determining an applicant's
eligibility and providing the examination. Failure to
appear for the examination on the scheduled date, at the
time and place specified, after the application for
examination has been received and acknowledged by the
Department or the designated testing service, shall
result in the forfeiture of the examination fee.
(7) The fee to have the scoring of an examination
authorized by the Department reviewed and verified is $20
plus any fee charged by the applicable testing service.
(C) License as a pharmacy.
(1) The fee for application for a license for a
pharmacy under this Act is $100.
(2) The fee for the renewal of a license for a
pharmacy under this Act shall be calculated at the rate
of $100 per year.
(3) The fee for the change of a
pharmacist-in-charge is $25.
(D) General Fees.
(1) The fee for the issuance of a duplicate
license, for the issuance of a replacement license for a
license that has been lost or destroyed or for the
issuance of a license with a change of name or address
other than during the renewal period is $20. No fee is
required for name and address changes on Department
records when no duplicate certification is issued.
(2) The fee for a certification of a registrant's
record for any purpose is $20.
(3) The fee to have the scoring of an examination
administered by the Department reviewed and verified is
$20.
(4) The fee for a wall certificate showing
licensure or registration shall be the actual cost of
producing the certificate.
(5) The fee for a roster of persons registered as
pharmacists or registered pharmacies in this State shall
be the actual cost of producing the roster.
(6) The fee for pharmacy licensing, disciplinary or
investigative records obtained pursuant to a subpoena is
$1 per page.
(E) Except as provided in subsection (F), all moneys
received by the Department under this Act shall be deposited
in the Illinois State Pharmacy Disciplinary Fund hereby
created in the State Treasury and shall be used only for the
following purposes: (a) by the State Board of Pharmacy in the
exercise of its powers and performance of its duties, as such
use is made by the Department upon the recommendations of the
State Board of Pharmacy, (b) for costs directly related to
license renewal of persons licensed under this Act, and (c)
for direct and allocable indirect costs related to the public
purposes of the Department of Professional Regulation.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 61e of the
Civil Administrative Code of Illinois.
The moneys deposited in the Illinois State Pharmacy
Disciplinary Fund shall be invested to earn interest which
shall accrue to the Fund. The Department shall present to the
Board for its review and comment all appropriation requests
from the Illinois State Pharmacy Disciplinary Fund. The
Department shall give due consideration to any comments of
the Board in making appropriation requests.
(F) From the money received for license renewal fees, $5
from each pharmacist fee, and $2.50 from each pharmacy
technician fee, shall be set aside within the Illinois State
Pharmacy Disciplinary Fund for the purpose of supporting a
substance abuse program for pharmacists and pharmacy
technicians. The State Board of Pharmacy shall determine how
and to whom the money set aside under this subsection is
disbursed.
(G) (Blank). In addition to any other permitted use of
moneys in the Fund, and notwithstanding any restriction on
the use of the Fund, moneys in the Illinois State Pharmacy
Disciplinary Fund may be transferred to the General Revenue
Fund as authorized by this amendatory Act of 1992. The
General Assembly finds that an excess of moneys exists in the
Fund. On February 1, 1992, the Comptroller shall order
transferred and the Treasurer shall transfer $200,000 (or
such lesser amount as may be on deposit in the Fund and
unexpended and unobligated on that date) from the Fund to the
General Revenue Fund.
(Source: P.A. 89-202, eff. 7-21-95; 89-204, eff. 1-1-96;
89-626, eff. 8-9-96.)
Section 10-85. The Podiatric Medical Practice Act of
1987 is amended by changing Section 19 as follows:
(225 ILCS 100/19) (from Ch. 111, par. 4819)
Sec. 19. Disciplinary fund. All fees and fines received
by the Department under this Act shall be deposited in the
Illinois State Podiatric Disciplinary Fund, a special fund
created hereunder in the State Treasury. Of the moneys
deposited into the Illinois State Podiatric Disciplinary
Fund, 15% of the money received from the payment of renewal
fees shall be used for podiatric scholarships and residency
programs under the Podiatric Scholarship and Residency Act
and the remainder shall be appropriated to the Department for
expenses of the Department and of the Podiatric Medical
Licensing Board and for podiatric scholarships and residency
programs under the Podiatric Scholarship and Residency Act.
Moneys in the Illinois State Podiatric Disciplinary Fund
may be invested and reinvested in investments authorized for
the investment of funds of the State Employees' Retirement
System of Illinois.
All earnings received from such investments shall be
deposited in the Illinois State Podiatric Disciplinary Fund
and may be used for the same purposes as fees deposited in
such fund.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 61e of the
Civil Administrative Code of Illinois.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act which includes
an audit of the Illinois State Podiatric Disciplinary Fund,
the Department shall make the audit open to inspection by any
interested person.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Illinois State Podiatric Disciplinary
Fund may be transferred to the General Revenue Fund as
authorized by this amendatory Act of 1992. The General
Assembly finds that an excess of moneys exists in the Fund.
On February 1, 1992, the Comptroller shall order transferred
and the Treasurer shall transfer $400,000 (or such lesser
amount as may be on deposit in the Fund and unexpended and
unobligated on that date) from the Fund to the General
Revenue Fund.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 10-95. The Real Estate License Act of 1983 is
amended by changing Sections 16 and 17 as follows:
(225 ILCS 455/16) (from Ch. 111, par. 5816)
Sec. 16. A special fund to be known as the Real Estate
Research and Education Fund is created in the State Treasury.
All money deposited in such special fund shall be used only
for the ordinary and contingent expenses of operation of the
Office of Real Estate Research or its successor, by whatever
name designated, at the University of Illinois.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Real Estate Research and Education Fund
may be transferred to the General Revenue Fund as authorized
by this amendatory Act of 1992. The General Assembly finds
that an excess of moneys exists in the Fund. On February 1,
1992, the Comptroller shall order transferred and the
Treasurer shall transfer $140,000 (or such lesser amount as
may be on deposit in the Fund and unexpended and unobligated
on that date) from the Fund to the General Revenue Fund.
Out of each $5 fee deposited in the Real Estate Research
and Education Fund pursuant to Section 15 or Section 36.6, $1
shall be used to fund a scholarship program for persons of
minority racial origin who wish to pursue a course of study
in the field of real estate. For the purposes of this
Section, "course of study" shall mean a course or courses
that are part of a program of courses in the field of real
estate designed to further an individual's knowledge or
expertise in the field of real estate. These courses shall
include, but are not limited to, courses that a salesperson
licensed under this Act must complete to qualify for a real
estate broker's license, courses required to obtain the
Graduate Realtors Institute designation, and any other
courses or programs offered by accredited colleges,
universities, or other institutions of higher education in
Illinois. The scholarship program shall be administered by
the Office of Real Estate Research.
Moneys in the Real Estate Research and Education Fund may
be invested and reinvested in the same manner as funds in the
Real Estate Recovery Fund. All earnings received from such
investment shall be deposited in the Real Estate Research and
Education Fund and may be used for the same purposes as fees
deposited in such fund.
(Source: P.A. 86-925; 87-795; 87-838.)
(225 ILCS 455/17) (from Ch. 111, par. 5817)
Sec. 17. All fees received by the Office of Banks and
Real Estate under Article 1 and Article 3 of this Act, other
than fees which this Act directs to be deposited in the Real
Estate Recovery Fund, in the Real Estate Research and
Education Fund, or in the Department of Central Management
Services Printing Revolving Fund, shall be deposited in a
special fund in the State Treasury to be known as the Real
Estate License Administration Fund. The moneys deposited in
the Real Estate License Administration Fund shall be
appropriated to the Office of Banks and Real Estate for
expenses of the Office of Banks and Real Estate and the Board
in the administration of this Act and for the administration
of any Act administered by the Office of Banks and Real
Estate providing revenue to this Fund.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Real Estate License Administration Fund
may be transferred to the General Revenue Fund as authorized
by this amendatory Act of 1992. The General Assembly finds
that an excess of moneys exists in the Fund. On February 1,
1992, the Comptroller shall order transferred and the
Treasurer shall transfer $1,500,000 (or such lesser amount as
may be on deposit in the Fund and unexpended and unobligated
on that date) from the Fund to the General Revenue Fund.
The Commissioner shall employ, in conformity with the
Personnel Code, one full time Chief of Real Estate
Investigations; and the Commissioner shall also employ, in
conformity with the Personnel Code, or contract for, not less
than one full time investigator and one full time auditor for
every 15,000 licensees registered under this Act.
The Chief of Real Estate Investigations shall be a
college graduate from an accredited 4 year college or
university with 3 years' responsible administrative
experience and a minimum of 3 years' responsible
investigatory experience in law enforcement or a related
field.
Moneys in the Real Estate License Administration Fund may
be invested and reinvested in the same manner as funds in the
Real Estate Recovery Fund. All earnings received from such
investment shall be deposited in the Real Estate License
Administration Fund and may be used for the same purposes as
fees deposited in such fund.
Upon the completion of any audit of the Office of Banks
and Real Estate, as prescribed by the Illinois State Auditing
Act, which includes an audit of the Real Estate License
Administration Fund, the Office of Banks and Real Estate
shall make the audit open to inspection by any interested
person.
(Source: P.A. 89-23, eff. 7-1-95; 89-204, eff. 1-1-96;
89-508, eff. 7-3-96; 89-626, eff. 8-9-96.)
Section 10-100. The Charitable Games Act is amended by
changing Section 14 as follows:
(230 ILCS 30/14) (from Ch. 120, par. 1134)
Sec. 14. (a) There is hereby created the Illinois Gaming
Law Enforcement Fund, a special fund in the State Treasury.
(b) The General Assembly shall appropriate two-thirds of
the monies in such fund to the Department of Revenue,
Department of State Police and the Office of the Attorney
General for State law enforcement purposes. The remaining
one-third of the monies in such fund shall be appropriated to
the Department of Revenue for the purpose of distribution in
the form of grants to counties or municipalities for law
enforcement purposes.
The amount of a grant to counties or municipalities shall
bear the same ratio to the total amount of grants made as the
number of licenses issued in counties or municipalities bears
to the total number of licenses issued in the State. In
computing the number of licenses issued in a county, licenses
issued for locations within a municipality's boundaries shall
be excluded.
(c) (Blank). In addition to any other permitted use of
moneys in the Fund, and notwithstanding any restriction on
the use of the Fund, moneys in the Illinois Gaming Law
Enforcement Fund may be transferred to the General Revenue
Fund as authorized by this amendatory Act of 1992. The
General Assembly finds that an excess of moneys exists in the
Fund. On February 1, 1992, the Comptroller shall order
transferred and the Treasurer shall transfer $500,000 (or
such lesser amount as may be on deposit in the Fund and
unexpended and unobligated on that date) from the Fund to the
General Revenue Fund.
(Source: P.A. 87-838.)
Section 10-105. The Illinois Public Aid Code is amended
by changing Sections 5-4.21, 5-4.31, 5-12, 6-2, 6-6, and 14-2
as follows:
(305 ILCS 5/5-4.21) (from Ch. 23, par. 5-4.21)
Sec. 5-4.21. Medicaid Provider Participation Fee Trust
Fund for Persons With a Developmental Disability.
(a) There is created in the State Treasury the Medicaid
Provider Participation Fee Trust Fund for Persons With a
Developmental Disability. Interest earned by the Fund shall
be credited to the Fund. The monies in the Fund shall be
matched with federal Medicaid program dollars in accordance
with the provisions of this Section and shall be exempt from
any State budget reduction Acts. The Fund shall not be used
to replace any funds appropriated to the Medicaid program by
the General Assembly.
(b) The Fund is created for the purpose of receiving and
disbursing monies in accordance with Sections 5-4.20 through
5-4.29 of this Code. Disbursements from the Fund shall be
made only:
(1) for payments to intermediate care facilities
for persons with a developmental disability under Title
XIX of the Social Security Act and Article V of this
Code;
(2) for the reimbursement of monies collected by
the Illinois Department through error or mistake;
(3) for payment of administrative expenses incurred
by the Illinois Department or its agent in performing the
activities authorized by Sections 5-4.20 through 5-4.29
of this Code;
(4) for maintaining contingency reserves of no more
than 3% of the total monies collected in any one year;
(5) for payments of any amounts which are
reimbursable to the federal government for payments from
this Fund which are required to be paid by State warrant;
and
(6) (Blank). for making transfers to the General
Obligation Bond Retirement and Interest Fund before
October 1, 1992, as those transfers are authorized in the
proceedings authorizing debt under the Short Term
Borrowing Act, but transfers made under this paragraph
(6) shall not exceed the principal amount of debt issued
in anticipation of the receipt by the State of moneys to
be deposited into the Fund.
Disbursements from this Fund, other than transfers to the
General Obligation Bond Retirement and Interest Fund, shall
be by warrants drawn by the State Comptroller upon receipt of
vouchers duly executed and certified by the Illinois
Department.
(c) The Fund shall consist of:
(1) all monies collected or received by the
Illinois Department under Section 5-4.22 of this Code;
(2) all federal matching funds received by the
Illinois Department as a result of expenditures made by
the Illinois Department as required by Section 5-4.27 of
this Code, that are attributable to monies deposited in
the Fund;
(3) any interest or penalty levied in conjunction
with the administration of the Fund; and
(4) all other monies received for the Fund from any
other source, including interest earned thereon.
(d) All payments received by the Illinois Department
shall be credited first to any interest or penalty, and then
to the fee due.
(Source: P.A. 88-380; 89-626, eff. 8-9-96.)
(305 ILCS 5/5-4.31) (from Ch. 23, par. 5-4.31)
Sec. 5-4.31. Medicaid Long Term Care Provider
Participation Fee Trust Fund.
(a) There is created in the State Treasury the Medicaid
Long Term Care Provider Participation Fee Trust Fund.
Interest earned by the Fund shall be credited to the Fund.
The monies in the Fund shall be matched with federal Medicaid
program dollars in accordance with the provisions of this
Section and shall be exempt from any State budget reduction
Acts. The Fund shall not be used to replace any funds
appropriated to the Medicaid program by the General Assembly.
(b) The Fund is created for the purpose of receiving and
disbursing monies in accordance with Sections 5-4.30 through
5-4.39 of this Code. Disbursements from the Fund shall be
made only:
(1) for payments to skilled or intermediate nursing
facilities, including county nursing facilities,
excluding state-operated facilities, under Title XIX of
the Social Security Act and Article V of this Code;
(2) for the reimbursement of monies collected by
the Illinois Department through error or mistake;
(3) for payment of administrative expenses incurred
by the Illinois Department or its agent in performing the
activities authorized by Sections 5-4.30 through 5-4.39
of this Code;
(4) for maintaining contingency reserves of no more
than 3% of the total monies collected in any one year;
(5) for payments of any amounts which are
reimbursable to the federal government for payments from
this Fund which are required to be paid by State warrant;
and
(6) (Blank). for making transfers to the General
Obligation Bond Retirement and Interest Fund before
October 1, 1992, as those transfers are authorized in the
proceedings authorizing debt under the Short Term
Borrowing Act, but transfers made under this paragraph
(6) shall not exceed the principal amount of debt issued
in anticipation of the receipt by the State of moneys to
be deposited into the Fund.
Disbursements from this Fund, other than transfers to the
General Obligation Bond Retirement and Interest Fund, shall
be by warrants drawn by the State Comptroller upon receipt of
vouchers duly executed and certified by the Illinois
Department.
(c) The Fund shall consist of:
(1) all monies collected or received by the
Illinois Department under Section 5-4.32 of this Code;
(2) all federal matching funds received by the
Illinois Department as a result of expenditures made by
the Illinois Department as required by Section 5-4.37 of
this Code, that are attributable to monies deposited in
the Fund;
(3) any interest or penalty levied in conjunction
with the administration of the Fund; and
(4) all other monies received for the Fund from any
other source, including interest earned thereon.
(d) All payments received by the Illinois Department
shall be credited first to any interest or penalty, and then
to the fee due.
(Source: P.A. 89-626, eff. 8-9-96.)
(305 ILCS 5/5-12) (from Ch. 23, par. 5-12)
(Text of Section before amendment by P.A. 89-507)
Sec. 5-12. Funeral and burial. Upon the death of a
recipient who qualified under class 2, 3 or 4 of Section 5-2,
if his estate is insufficient to pay his funeral and burial
expenses and if no other resources, including assistance from
legally responsible relatives, are available for such
purposes, there shall be paid, in accordance with the
standards, rules and regulations of the Illinois Department,
such reasonable amounts as may be necessary to meet costs of
the funeral, burial space, and cemetery charges, or to
reimburse any person not financially responsible for the
deceased who have voluntarily made expenditures for such
costs.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce or
eliminate payments under this Section as necessary to
implement contingency reserves under the Emergency Budget Act
of Fiscal Year 1992, to the extent permitted by federal law.
Any such reduction or elimination shall expire on July 1,
1992.
(Source: P.A. 87-838.)
(Text of Section after amendment by P.A. 89-507)
Sec. 5-12. Funeral and burial. Upon the death of a
recipient who qualified under class 2, 3 or 4 of Section 5-2,
if his estate is insufficient to pay his funeral and burial
expenses and if no other resources, including assistance from
legally responsible relatives, are available for such
purposes, there shall be paid, in accordance with the
standards, rules and regulations of the Illinois Department
of Human Services, such reasonable amounts as may be
necessary to meet costs of the funeral, burial space, and
cemetery charges, or to reimburse any person not financially
responsible for the deceased who have voluntarily made
expenditures for such costs.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce or
eliminate payments under this Section as necessary to
implement contingency reserves under the Emergency Budget Act
of Fiscal Year 1992, to the extent permitted by federal law.
Any such reduction or elimination shall expire on July 1,
1992.
(Source: P.A. 89-507, eff. 7-1-97.)
(305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
Sec. 6-2. Amount of aid. The amount and nature of
General Assistance for basic maintenance requirements shall
be determined in accordance with local budget standards for
local governmental units which do not receive State funds.
For local governmental units which do receive State funds,
the amount and nature of General Assistance for basic
maintenance requirements shall be determined in accordance
with the standards, rules and regulations of the Illinois
Department. Beginning July 1, 1992, the supplementary grants
previously paid under this Section shall no longer be paid.
However, the amount and nature of any financial aid is not
affected by the payment of any grant under the Senior
Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act. Due regard shall be given to
the requirements and the conditions existing in each case,
and to the income, money contributions and other support and
resources available, from whatever source. In local
governmental units which do not receive State funds, the
grant shall be sufficient when added to all other income,
money contributions and support in excess of any excluded
income or resources, to provide the person with a grant in
the amount established for such a person by the local
governmental unit based upon standards meeting basic
maintenance requirements. In local governmental units which
do receive State funds, the grant shall be sufficient when
added to all other income, money contributions and support in
excess of any excluded income or resources, to provide the
person with a grant in the amount established for such a
person by Department regulation based upon standards
providing a livelihood compatible with health and well-being,
as directed by Section 12-4.11 of this Code.
The Illinois Department may conduct special projects,
which may be known as Grant Diversion Projects, under which
recipients of financial aid under this Article are placed in
jobs and their grants are diverted to the employer who in
turn makes payments to the recipients in the form of salary
or other employment benefits. The Illinois Department shall
by rule specify the terms and conditions of such Grant
Diversion Projects. Such projects shall take into
consideration and be coordinated with the programs
administered under the Illinois Emergency Employment
Development Act.
The allowances provided under Article IX for recipients
participating in the training and rehabilitation programs
shall be in addition to such maximum payment.
Payments may also be made to provide persons receiving
basic maintenance support with necessary treatment, care and
supplies required because of illness or disability or with
acute medical treatment, care, and supplies. Payments for
necessary or acute medical care under this paragraph may be
made to or in behalf of the person. Obligations incurred for
such services but not paid for at the time of a recipient's
death may be paid, subject to the rules and regulations of
the Illinois Department, after the death of the recipient.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce or
eliminate payments under this Section as necessary to
implement contingency reserves under the Emergency Budget Act
of Fiscal Year 1992, to the extent permitted by federal law.
Any such reduction or elimination shall expire on July 1,
1992.
(Source: P.A. 89-646, eff. 1-1-97.)
(305 ILCS 5/6-6) (from Ch. 23, par. 6-6)
Sec. 6-6. Funeral and Burial.
If the estate of a deceased recipient is insufficient to
pay for funeral and burial expenses and if no other resources
including assistance from legally responsible relatives or
the United States Veterans Administration, are available for
such purposes, there shall be paid, in accordance with the
standards, rules and regulations of the Illinois Department,
such amounts as may be necessary to meet costs of the
funeral, burial space, and cemetery charges, or to reimburse
any person not financially responsible for the deceased who
has voluntarily made expenditures for such costs.
Notwithstanding any other provision of this Code to the
contrary, the Illinois Department is authorized to reduce or
eliminate payments under this Section as necessary to
implement contingency reserves under the Emergency Budget Act
of Fiscal Year 1992, to the extent permitted by federal law.
Any such reduction or elimination shall expire on July 1,
1992.
(Source: P.A. 87-838.)
(305 ILCS 5/14-2) (from Ch. 23, par. 14-2)
Sec. 14-2. Hospital Services Trust Fund.
(a) There is created in the State treasury the Hospital
Services Trust Fund. Interest earned by the Fund shall be
credited to the Fund. The Fund shall not be used to replace
any funds appropriated to the Medicaid program by the General
Assembly.
(b) The Fund is created for the purpose of receiving and
disbursing monies in accordance with this Article XIV.
Disbursements from the Fund shall be made only:
(1) for hospital inpatient, hospital ambulatory
care, and disproportionate share hospital distributive
expenditures made under Title XIX of the Social Security
Act and Article V of this Code, as required by Section
14-8 of this Code;
(2) for the reimbursement of monies collected by
the Illinois Department from hospitals through error or
mistake;
(3) for payment of administrative expenses incurred
by the Illinois Department or its agent in performing the
activities authorized by Sections 14-3 through 14-7;
(4) for payments of any amounts which are
reimbursable to the federal government for payments from
this Fund which are required to be paid by State warrant;
and
(5) (Blank). for making transfers to the General
Obligation Bond Retirement and Interest Fund before
October 1, 1992, as those transfers are authorized in the
proceedings authorizing debt under the Short Term
Borrowing Act, but transfers made under this paragraph
(5) shall not exceed the principal amount of debt issued
in anticipation of the receipt by the State of moneys to
be deposited into the Fund.
Disbursements from this Fund, other than transfers to the
General Obligation Bond Retirement and Interest Fund, shall
be by warrants drawn by the State Comptroller upon receipt of
vouchers duly executed and certified by the Illinois
Department.
(c) The Fund shall consist of:
(1) All monies collected or received by the
Illinois Department under Section 14-3 of this Code;
(2) All federal matching funds received by the
Illinois Department as a result of expenditures made by
the Illinois Department as required by Section 14-8 of
this Code, that are attributable to monies deposited in
the Fund;
(3) Any interest or penalty levied in conjunction
with the administration of the Fund; and
(4) All other monies received for the Fund from any
other source, including interest earned thereon.
(d) All payments received by the Illinois Department
shall be credited first to any interest or penalty, and then
to the fee due.
(Source: P.A. 89-626, eff. 8-9-96.)
Section 10-110. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Section 7.1 as follows:
(320 ILCS 25/7.1) (from Ch. 67 1/2, par. 407.1)
Sec. 7.1. Notwithstanding any other provision of this
Act to the contrary, the Department is authorized to limit
assistance and to reduce payment rates and grant amounts as
necessary to implement contingency reserves under the
Emergency Budget Act of Fiscal Year 1992, to the extent
permitted by federal law. Any such reduction or limitation
shall expire on July 1, 1992.
This Section is repealed on July 1, 1998.
(Source: P.A. 87-838.)
Section 10-115. The Environmental Protection Act is
amended by changing Section 22.8 as follows:
(415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
Sec. 22.8. Environmental Protection Permit and
Inspection Fund.
(a) There is hereby created in the State Treasury a
special fund to be known as the Environmental Protection
Permit and Inspection Fund. All fees collected by the Agency
pursuant to this Section, Section 9.6, 12.2, 16.1, 22.2
(j)(6)(E)(v)(IV), 56.4, 56.5, 56.6, and subsection (f) of
Section 5 of this Act or pursuant to Section 22 of the Public
Water Supply Operations Act and funds collected under
subsection (b.5) of Section 42 of this Act shall be deposited
into the Fund. In addition to any monies appropriated from
the General Revenue Fund, monies in the Fund shall be
appropriated by the General Assembly to the Agency in amounts
deemed necessary for manifest, permit, and inspection
activities and for processing requests under Section 22.2
(j)(6)(E)(v)(IV).
The General Assembly may appropriate monies in the Fund
deemed necessary for Board regulatory and adjudicatory
proceedings.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Environmental Protection Permit and
Inspection Fund may be transferred to the General Revenue
Fund as authorized by this amendatory Act of 1992. The
General Assembly finds that an excess of moneys exists in the
Fund. On February 1, 1992, the Comptroller shall order
transferred and the Treasurer shall transfer $1,000,000 (or
such lesser amount as may be on deposit in the Fund and
unexpended and unobligated on that date) from the Fund to the
General Revenue Fund.
(b) On and after January 1, 1989, the Agency shall
collect from the owner or operator of any of the following
types of hazardous waste disposal sites or management
facilities which require a RCRA permit under subsection (f)
of Section 21 of this Act, or a UIC permit under subsection
(g) of Section 12 of this Act, an annual fee in the amount
of:
(1) $35,000 for a hazardous waste disposal site
receiving hazardous waste if the hazardous waste disposal
site is located off the site where such waste was
produced;
(2) $9,000 for a hazardous waste disposal site
receiving hazardous waste if the hazardous waste disposal
site is located on the site where such waste was
produced;
(3) $7,000 for a hazardous waste disposal site
receiving hazardous waste if the hazardous waste disposal
site is an underground injection well;
(4) $2,000 for a hazardous waste management
facility treating hazardous waste by incineration;
(5) $1,000 for a hazardous waste management
facility treating hazardous waste by a method, technique
or process other than incineration;
(6) $1,000 for a hazardous waste management
facility storing hazardous waste in a surface impoundment
or pile; or
(7) $250 for a hazardous waste management facility
storing hazardous waste other than in a surface
impoundment or pile.
(c) Where two or more operational units are located
within a single hazardous waste disposal site, the Agency
shall collect from the owner or operator of such site an
annual fee equal to the highest fee imposed by subsection (b)
of this Section upon any single operational unit within the
site.
(d) The fee imposed upon a hazardous waste disposal site
under this Section shall be the exclusive permit and
inspection fee applicable to hazardous waste disposal at such
site, provided that nothing in this Section shall be
construed to diminish or otherwise affect any fee imposed
upon the owner or operator of a hazardous waste disposal site
by Section 22.2.
(e) The Agency shall establish procedures, no later than
December 1, 1984, relating to the collection of the hazardous
waste disposal site fees authorized by this Section. Such
procedures shall include, but not be limited to the time and
manner of payment of fees to the Agency, which shall be
quarterly, payable at the beginning of each quarter for
hazardous waste disposal site fees. Annual fees required
under paragraph (7) of subsection (b) of this Section shall
accompany the annual report required by Board regulations for
the calendar year for which the report applies.
(f) For purposes of this Section, a hazardous waste
disposal site consists of one or more of the following
operational units:
(1) a landfill receiving hazardous waste for
disposal;
(2) a waste pile or surface impoundment, receiving
hazardous waste, in which residues which exhibit any of
the characteristics of hazardous waste pursuant to Board
regulations are reasonably expected to remain after
closure;
(3) a land treatment facility receiving hazardous
waste; or
(4) a well injecting hazardous waste.
(g) On and after January 1, 1989, the Agency shall
assess a fee of $1.00 for each manifest provided by the
Agency, except that the Agency shall furnish up to 20
manifests requested by any generator at no charge and no
generator shall be required to pay more than $500 per year in
such manifest fees.
(Source: P.A. 88-106; 88-438; 88-496; 88-670; 89-79, eff.
6-30-95.)
Section 10-120. The Illinois Pesticide Act is amended by
changing Section 22.1 as follows:
(415 ILCS 60/22.1) (from Ch. 5, par. 822.1)
Sec. 22.1. Pesticide Control Fund. There is hereby
created in the State Treasury a special fund to be known as
the Pesticide Control Fund. All registration, penalty and
license fees collected by the Department pursuant to this Act
shall be deposited into the Fund. The amount annually
collected as fees shall be appropriated by the General
Assembly to the Department for the purposes of conducting a
public educational program on the proper use of pesticides,
for other activities related to the enforcement of this Act,
and for administration of the Insect Pest and Plant Disease
Act. However, the increase in fees in Sections 6, 10, and 13
of this Act resulting from this amendatory Act of 1990 shall
be used by the Department for the purpose of carrying out the
Department's powers and duties as set forth in paragraph 8 of
Section 19 of this Act. The monies collected under Section
13.1 of this Act shall be deposited in the Agrichemical
Incident Response Fund.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Pesticide Control Fund may be transferred
to the General Revenue Fund as authorized by this amendatory
Act of 1992. The General Assembly finds that an excess of
moneys exists in the Fund. On February 1, 1992, the
Comptroller shall order transferred and the Treasurer shall
transfer $1,000,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
(Source: P.A. 86-1172; 87-838.)
Section 10-125. The Illinois Vehicle Code is amended by
changing Section 18c-1601 as follows:
(625 ILCS 5/18c-1601) (from Ch. 95 1/2, par. 18c-1601)
Sec. 18c-1601. Deposit of Monies into the Transportation
Regulatory Fund.
(1) Deposit of Fees, Taxes, and Monies Other Than
Criminal Fines. All fees, penalties (other than criminal
penalties) or monies collected in settlement of enforcement
proceedings, taxes, and other monies collected under this
Chapter or which are transferred, appropriated or reimbursed
to the Commission for the purpose of administering and
enforcing this Chapter, shall be promptly paid into a special
fund in the State treasury known as the Transportation
Regulatory Fund.
(2) Accounting for Monies Received. The Commission shall
account separately for the receipt of monies from the
following classes:
(a) motor carriers of property (other than carriers
engaged in nonrelocation towing);
(b) rail carriers; and
(c) other monies.
The Commission may account separately with regard to
groups of persons within the foregoing classes.
(3) Deposit of criminal fines. Criminal fines collected
under this Chapter from motor carriers of property or persons
or entities found to have aided or abetted motor carriers of
property or passengers in violation of this Chapter shall be
disposed of in accordance with Section 16-105 of this Code.
Other criminal fines collected under this Chapter shall be
deposited into the Transportation Regulatory Fund in
accordance with subsection (1) of this Section.
(4) (Blank). Transfers. In addition to any other
permitted use of moneys in the Fund, and notwithstanding any
restriction on the use of the Fund, moneys in the
Transportation Regulatory Fund may be transferred to the
General Revenue Fund as authorized by this amendatory Act of
1992. The General Assembly finds that an excess of moneys
exists in the Fund. On February 1, 1992, the Comptroller
shall order transferred and the Treasurer shall transfer
$2,500,000 (or such lesser amount as may be on deposit in the
Fund and unexpended and unobligated on that date) from the
Fund to the General Revenue Fund.
(Source: P.A. 87-838.)
Section 10-130. The Violent Crime Victims Assistance Act
is amended by changing Section 10 as follows:
(725 ILCS 240/10) (from Ch. 70, par. 510)
(Text of Section before amendment by P.A. 89-688)
Sec. 10. Violent Crime Victims Assistance Fund.
(a) The "Violent Crime Victims Assistance Fund" is
created as a special fund in the State Treasury to provide
monies for the grants to be awarded under this Act.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Violent Crime Victims Assistance Fund may
be transferred to the General Revenue Fund as authorized by
this amendatory Act of 1992. The General Assembly finds that
an excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $3,850,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
(b) On and after September 18, 1986, there shall be
added to each fine imposed upon conviction of any felony or
conviction of or disposition of supervision for any
misdemeanor, or upon conviction of or disposition of
supervision for any offense under the Illinois Vehicle Code,
exclusive of offenses enumerated in paragraph (a)(2) of
Section 6-204 of that Code, and exclusive of any offense
enumerated in Article VI of Chapter 11 of that Code relating
to restrictions, regulations and limitations on the speed at
which a motor vehicle is driven or operated, an additional
penalty of $4 for each $40, or fraction thereof, of fine
imposed. Such additional amounts shall be assessed by the
court and shall be collected by the Clerk of the Circuit
Court in addition to the fine and costs in the case. Each
such additional penalty collected under this subsection (b)
or subsection (c) of this Section shall be remitted by the
Clerk of the Circuit Court within one month after receipt to
the State Treasurer for deposit into the Violent Crime
Victims Assistance Fund, except as provided in subsection (g)
of this Section. Such additional penalty shall not be
considered a part of the fine for purposes of any reduction
made in the fine for time served either before or after
sentencing. Not later than March 1 of each year the Clerk of
the Circuit Court shall submit to the State Comptroller a
report of the amount of funds remitted by him to the State
Treasurer under this Section during the preceding calendar
year. Except as otherwise provided by Supreme Court Rules, if
a court in sentencing an offender levies a gross amount for
fine, costs, fees and penalties, the amount of the additional
penalty provided for herein shall be computed on the amount
remaining after deducting from the gross amount levied all
fees of the Circuit Clerk, the State's Attorney and the
Sheriff. After deducting from the gross amount levied the
fees and additional penalty provided for herein, less any
other additional penalties provided by law, the clerk shall
remit the net balance remaining to the entity authorized by
law to receive the fine imposed in the case. For purposes of
this Section "fees of the Circuit Clerk" shall include, if
applicable, the fee provided for under Section 27.3a of the
Clerks of Courts Act and the fee, if applicable, payable to
the county in which the violation occurred pursuant to
Section 5-1101 of the Counties Code.
(c) When any person is convicted in Illinois on or after
August 28, 1986, of an offense listed below, or placed on
supervision for such an offense on or after September 18,
1986, the court which enters the conviction or order for
supervision, if it does not impose a fine, shall impose, in
addition to any other penalty authorized by law, a charge in
accordance with the following schedule:
(1) $25, for any crime of violence as defined in
subsection (c) of Section 2 of the Crime Victims
Compensation Act; and
(2) $20, for any other felony or misdemeanor,
excluding any conservation offense.
Such charge shall not be subject to the provisions of
Section 110-14 of the Code of Criminal Procedure of 1963.
(d) Monies forfeited, and proceeds from the sale of
property forfeited and seized, under the forfeiture
provisions of Section 11-20.1A of the Criminal Code of 1961
shall be accepted for the Violent Crime Victims Assistance
Fund.
(e) Investment income which is attributable to the
investment of monies in the Violent Crime Victims Assistance
Fund shall be credited to that fund for uses specified in
this Act. The Treasurer shall provide the Attorney General a
monthly status report on the amount of money in the Fund.
(f) Monies from the fund may be granted on and after
July 1, 1984.
(g) All amounts and charges imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, or
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 86-1475; 87-670; 87-838; 87-895.)
(Text of Section after amendment by P.A. 89-688)
Sec. 10. Violent Crime Victims Assistance Fund.
(a) The "Violent Crime Victims Assistance Fund" is
created as a special fund in the State Treasury to provide
monies for the grants to be awarded under this Act.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Violent Crime Victims Assistance Fund may
be transferred to the General Revenue Fund as authorized by
this amendatory Act of 1992. The General Assembly finds that
an excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $3,850,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
(b) On and after September 18, 1986, there shall be an
additional penalty collected from each defendant upon
conviction of any felony or upon conviction of or disposition
of supervision for any misdemeanor, or upon conviction of or
disposition of supervision for any offense under the Illinois
Vehicle Code, exclusive of offenses enumerated in paragraph
(a)(2) of Section 6-204 of that Code, and exclusive of any
offense enumerated in Article VI of Chapter 11 of that Code
relating to restrictions, regulations and limitations on the
speed at which a motor vehicle is driven or operated, an
additional penalty of $4 for each $40, or fraction thereof,
of fine imposed. Such additional amounts shall be collected
by the Clerk of the Circuit Court in addition to the fine and
costs in the case. Each such additional penalty collected
under this subsection (b) or subsection (c) of this Section
shall be remitted by the Clerk of the Circuit Court within
one month after receipt to the State Treasurer for deposit
into the Violent Crime Victims Assistance Fund, except as
provided in subsection (g) of this Section. Such additional
penalty shall not be considered a part of the fine for
purposes of any reduction made in the fine for time served
either before or after sentencing. Not later than March 1 of
each year the Clerk of the Circuit Court shall submit to the
State Comptroller a report of the amount of funds remitted by
him to the State Treasurer under this Section during the
preceding calendar year. Except as otherwise provided by
Supreme Court Rules, if a court in sentencing an offender
levies a gross amount for fine, costs, fees and penalties,
the amount of the additional penalty provided for herein
shall be computed on the amount remaining after deducting
from the gross amount levied all fees of the Circuit Clerk,
the State's Attorney and the Sheriff. After deducting from
the gross amount levied the fees and additional penalty
provided for herein, less any other additional penalties
provided by law, the clerk shall remit the net balance
remaining to the entity authorized by law to receive the fine
imposed in the case. For purposes of this Section "fees of
the Circuit Clerk" shall include, if applicable, the fee
provided for under Section 27.3a of the Clerks of Courts Act
and the fee, if applicable, payable to the county in which
the violation occurred pursuant to Section 5-1101 of the
Counties Code.
(c) When any person is convicted in Illinois on or after
August 28, 1986, of an offense listed below, or placed on
supervision for such an offense on or after September 18,
1986, and no other fine is imposed, the following penalty
shall be collected by the Circuit Court Clerk:
(1) $25, for any crime of violence as defined in
subsection (c) of Section 2 of the Crime Victims
Compensation Act; and
(2) $20, for any other felony or misdemeanor,
excluding any conservation offense.
Such charge shall not be subject to the provisions of
Section 110-14 of the Code of Criminal Procedure of 1963.
(d) Monies forfeited, and proceeds from the sale of
property forfeited and seized, under the forfeiture
provisions of Section 11-20.1A of the Criminal Code of 1961
shall be accepted for the Violent Crime Victims Assistance
Fund.
(e) Investment income which is attributable to the
investment of monies in the Violent Crime Victims Assistance
Fund shall be credited to that fund for uses specified in
this Act. The Treasurer shall provide the Attorney General a
monthly status report on the amount of money in the Fund.
(f) Monies from the fund may be granted on and after
July 1, 1984.
(g) All amounts and charges imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, or
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 89-688, eff. 6-1-97.)
ARTICLE 99
Section 99-1. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99-3. No revival or extension. This Act does
not revive or extend any Section or Act otherwise repealed.
Section 99-5. Effective date. This Act takes effect on
July 1, 1998.
INDEX
Statutes amended in order of appearance
5 ILCS 100/5-110 from Ch. 127, par. 1005-110
5 ILCS 260/2 from Ch. 103, par. 2
15 ILCS 205/2 from Ch. 14, par. 2
15 ILCS 305/1 from Ch. 124, par. 1
15 ILCS 310/3 from Ch. 124, par. 103
15 ILCS 310/4 from Ch. 124, par. 104
15 ILCS 310/6a from Ch. 124, par. 106a
15 ILCS 310/7 from Ch. 124, par. 107
15 ILCS 310/7a from Ch. 124, par. 107a
15 ILCS 310/7b from Ch. 124, par. 107b
15 ILCS 310/7c from Ch. 124, par. 107c
15 ILCS 310/8c from Ch. 124, par. 108c
15 ILCS 405/3 from Ch. 15, par. 203
15 ILCS 505/1 from Ch. 130, par. 1
15 ILCS 505/3 from Ch. 130, par. 3
15 ILCS 505/6 from Ch. 130, par. 6
20 ILCS 5/6.28 from Ch. 127, par. 6.28
20 ILCS 5/7.01 from Ch. 127, par. 7.01
20 ILCS 5/15 from Ch. 127, par. 15
20 ILCS 435/Act title
20 ILCS 435/1 from Ch. 127, par. 1401
20 ILCS 435/2 from Ch. 127, par. 1402
20 ILCS 435/3 from Ch. 127, par. 1403
20 ILCS 435/4 from Ch. 127, par. 1404
20 ILCS 435/5.1 from Ch. 127, par. 1405.1
20 ILCS 435/6 from Ch. 127, par. 1406
20 ILCS 510/65.4 from Ch. 127, par. 63b11.4
20 ILCS 605/46.50 from Ch. 127, par. 46.50
20 ILCS 805/63a13 from Ch. 127, par. 63a13
20 ILCS 805/63a27 from Ch. 127, par. 63a27
20 ILCS 805/63a35 from Ch. 127, par. 63a35
20 ILCS 805/63b2.7 from Ch. 127, par. 63b2.7
20 ILCS 1005/43a.01 from Ch. 127, par. 43a.01
20 ILCS 1005/43a.09 from Ch. 127, par. 43a.09
20 ILCS 1015/1 from Ch. 48, par. 173
20 ILCS 1015/1a from Ch. 48, par. 174
20 ILCS 1015/1c from Ch. 48, par. 176
20 ILCS 1015/3 from Ch. 48, par. 179
20 ILCS 1015/4 from Ch. 48, par. 180
20 ILCS 1015/4a from Ch. 48, par. 181
20 ILCS 1015/5 from Ch. 48, par. 182
20 ILCS 1015/8.1 from Ch. 48, par. 184.1
20 ILCS 1015/8.3 from Ch. 48, par. 184.3
20 ILCS 1105/14 from Ch. 96 1/2, par. 7414
20 ILCS 1105/16 from Ch. 96 1/2, par. 7415
20 ILCS 1505/43.01 from Ch. 127, par. 43.01
20 ILCS 1505/43.03 from Ch. 127, par. 43.03
20 ILCS 1505/43.04 from Ch. 127, par. 43.04
20 ILCS 1505/43.05 from Ch. 127, par. 43.05
20 ILCS 1505/43.19 from Ch. 127, par. 43.19
20 ILCS 1605/28 from Ch. 120, par. 1178
20 ILCS 1705/16.2 from Ch. 91 1/2, par. 100-16.2
20 ILCS 1705/34.2 from Ch. 91 1/2, par. 100-34.2
20 ILCS 1705/55 from Ch. 91 1/2, par. 100-55
20 ILCS 1820/3.1 new
20 ILCS 2215/3-11 new
20 ILCS 2310/55.12 from Ch. 127, par. 55.12
20 ILCS 2315/1.1 new
20 ILCS 2405/12a from Ch. 23, par. 3443a
20 ILCS 2405/13 from Ch. 23, par. 3444
20 ILCS 2505/39b8 from Ch. 127, par. 39b8
20 ILCS 2505/39b9 from Ch. 127, par. 39b9
20 ILCS 2505/39b25 from Ch. 127, par. 39b25
20 ILCS 2505/39b34 from Ch. 127, par. 39b34
20 ILCS 2505/39b46 from Ch. 127, par. 39b46
20 ILCS 2705/49.32 from Ch. 127, par. 49.32
20 ILCS 2710/3.1 new
20 ILCS 3105/11 from Ch. 127, par. 781
20 ILCS 3925/4.1 new
20 ILCS 4025/5.1 new
30 ILCS 105/3 from Ch. 127, par. 139
30 ILCS 105/6h from Ch. 127, par. 142h
30 ILCS 105/6v from Ch. 127, par. 142v
30 ILCS 105/8.1 from Ch. 127, par. 144.1
30 ILCS 105/8.21 from Ch. 127, par. 144.21
30 ILCS 105/8a from Ch. 127, par. 144a
30 ILCS 140/1.1 new
30 ILCS 180/1.1 new
30 ILCS 805/4 from Ch. 85, par. 2204
65 ILCS 5/2-4-6 from Ch. 24, par. 2-4-6
70 ILCS 505/25.1 new
105 ILCS 5/2-2 from Ch. 122, par. 2-2
105 ILCS 5/2-3.23 from Ch. 122, par. 2-3.23
105 ILCS 5/2-3.42 from Ch. 122, par. 2-3.42
105 ILCS 5/2-3.47 from Ch. 122, par. 2-3.47
105 ILCS 5/27-7 from Ch. 122, par. 27-7
105 ILCS 110/5 from Ch. 122, par. 865
105 ILCS 220/9.1 new
110 ILCS 10/2 from Ch. 144, par. 226
110 ILCS 205/6.3 from Ch. 144, par. 186.3
110 ILCS 205/9.14 from Ch. 144, par. 189.14
110 ILCS 305/1b from Ch. 144, par. 22b
110 ILCS 390/1.1 new
110 ILCS 505/1.1 new
110 ILCS 515/7.1 new
110 ILCS 805/2-4 from Ch. 122, par. 102-4
110 ILCS 805/6-5.3a from Ch. 122, par. 106-5.3a
110 ILCS 805/6-5.9 from Ch. 122, par. 106-5.9
110 ILCS 805/6-7 from Ch. 122, par. 106-7
110 ILCS 805/6-7.1 from Ch. 122, par. 106-7.1
110 ILCS 805/6-7.2 from Ch. 122, par. 106-7.2
110 ILCS 805/6-7.3 from Ch. 122, par. 106-7.3
110 ILCS 805/6-7.4 from Ch. 122, par. 106-7.4
110 ILCS 805/6-7.5 from Ch. 122, par. 106-7.5
110 ILCS 920/3 from Ch. 144, par. 2403
110 ILCS 920/11 from Ch. 144, par. 2411
110 ILCS 947/30
210 ILCS 75/7.1 new
215 ILCS 5/132.2 from Ch. 73, par. 744.2
215 ILCS 5/355a from Ch. 73, par. 967a
215 ILCS 5/488.2 new
215 ILCS 5/512-3 from Ch. 73, par. 1065.59-3
215 ILCS 5/1003 from Ch. 73, par. 1065.703
215 ILCS 125/1-2 from Ch. 111 1/2, par. 1402
215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
215 ILCS 125/5-6 from Ch. 111 1/2, par. 1414
215 ILCS 135/46.1 new
220 ILCS 5/7-202 from Ch. 111 2/3, par. 7-202
220 ILCS 5/11-302 from Ch. 111 2/3, par. 11-302
220 ILCS 5/13-301.1 from Ch. 111 2/3, par. 13-301.1
225 ILCS 515/10 from Ch. 111, par. 910
225 ILCS 515/10.1 from Ch. 111, par. 911
225 ILCS 705/4.15 from Ch. 96 1/2, par. 415
225 ILCS 705/4.16 from Ch. 96 1/2, par. 416
225 ILCS 705/4.35 from Ch. 96 1/2, par. 435
305 ILCS 5/3-8 from Ch. 23, par. 3-8
305 ILCS 5/4-1.2b from Ch. 23, par. 4-1.2b
305 ILCS 5/4-2 from Ch. 23, par. 4-2
305 ILCS 5/4-10 from Ch. 23, par. 4-10
305 ILCS 5/4-14 from Ch. 23, par. 4-14
305 ILCS 5/5-5.16 from Ch. 23, par. 5-5.16
305 ILCS 5/5-12 from Ch. 23, par. 5-12
305 ILCS 5/6-2 from Ch. 23, par. 6-2
305 ILCS 5/6-6 from Ch. 23, par. 6-6
305 ILCS 5/12-4.7a from Ch. 23, par. 12-4.7a
305 ILCS 5/12-4.11 from Ch. 23, par. 12-4.11
305 ILCS 5/12-4.20b from Ch. 23, par. 12-4.20b
305 ILCS 5/12-6 from Ch. 23, par. 12-6
305 ILCS 15/8.1 new
310 ILCS 5/46 from Ch. 67 1/2, par. 196
310 ILCS 5/46.1 from Ch. 67 1/2, par. 196.1
310 ILCS 20/7 from Ch. 67 1/2, par. 59
330 ILCS 50/1 from Ch. 48, par. 186a
330 ILCS 50/2 from Ch. 48, par. 186b
405 ILCS 35/3 from Ch. 91 1/2, par. 1103
405 ILCS 35/4 from Ch. 91 1/2, par. 1104
415 ILCS 5/9.7 from Ch. 111 1/2, par. 1009.7
415 ILCS 5/19.7 from Ch. 111 1/2, par. 1019.7
415 ILCS 20/3 from Ch. 111 1/2, par. 7053
415 ILCS 20/6.2 from Ch. 111 1/2, par. 7056.2
415 ILCS 110/2009 from Ch. 96 1/2, par. 9759
420 ILCS 50/6 from Ch. 111 1/2, par. 243-6
705 ILCS 5/11 from Ch. 37, par. 16
705 ILCS 65/4 from Ch. 37, par. 644
730 ILCS 160/15.1 new
730 ILCS 165/14.1 new
820 ILCS 405/1511 from Ch. 48, par. 581
820 ILCS 405/1705 from Ch. 48, par. 615
20 ILCS 105/4.05 from Ch. 23, par. 6104.05
20 ILCS 1705/18.1 from Ch. 91 1/2, par. 100-18.1
20 ILCS 1805/22-7 from Ch. 129, par. 220.22-7
20 ILCS 2605/55a from Ch. 127, par. 55a
30 ILCS 105/5 from Ch. 127, par. 141
30 ILCS 105/6 from Ch. 127, par. 142
30 ILCS 105/6z-11 from Ch. 127, par. 142z-11
30 ILCS 105/8.8b from Ch. 127, par. 144.8b
30 ILCS 105/8.20 from Ch. 127, par. 144.20
30 ILCS 105/8.25 from Ch. 127, par. 144.25
30 ILCS 105/8c from Ch. 127, par. 144c
30 ILCS 105/8d from Ch. 127, par. 144d
30 ILCS 105/10 from Ch. 127, par. 146
30 ILCS 185/502 new
30 ILCS 730/4 from Ch. 96 1/2, par. 8204
30 ILCS 750/10-6 from Ch. 127, par. 2710-6
215 ILCS 5/408.3 from Ch. 73, par. 1020.3
215 ILCS 5/509.1 from Ch. 73, par. 1065.56-1
225 ILCS 65/24 from Ch. 111, par. 3524
225 ILCS 85/27 from Ch. 111, par. 4147
225 ILCS 100/19 from Ch. 111, par. 4819
225 ILCS 455/16 from Ch. 111, par. 5816
225 ILCS 455/17 from Ch. 111, par. 5817
230 ILCS 30/14 from Ch. 120, par. 1134
305 ILCS 5/5-4.21 from Ch. 23, par. 5-4.21
305 ILCS 5/5-4.31 from Ch. 23, par. 5-4.31
305 ILCS 5/5-12 from Ch. 23, par. 5-12
305 ILCS 5/6-2 from Ch. 23, par. 6-2
305 ILCS 5/6-6 from Ch. 23, par. 6-6
305 ILCS 5/14-2 from Ch. 23, par. 14-2
320 ILCS 25/7.1 from Ch. 67 1/2, par. 407.1
415 ILCS 5/22.8 from Ch. 111 1/2, par. 1022.8
415 ILCS 60/22.1 from Ch. 5, par. 822.1
625 ILCS 5/18c-1601 from Ch. 95 1/2, par. 18c-1601
725 ILCS 240/10 from Ch. 70, par. 510