Public Act 90-0587 of the 90th General Assembly
Public Act 90-0587
SB1704 Enrolled LRB9011518MWpc
AN ACT in relation to State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
FY99 Budget Implementation (Financial) Act.
Section 5. Purpose. It is the purpose and subject of
this Act to make the changes in State programs that are
necessary to implement the Governor's FY1999 budget
recommendations.
Section 7. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation
that any agency finds reasonably constitutes a threat to the
public interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required
by Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency
rulemaking with the Secretary of State under Section 5-70.
The notice shall include the text of the emergency rule and
shall be published in the Illinois Register. Consent orders
or other court orders adopting settlements negotiated by an
agency may be adopted under this Section. Subject to
applicable constitutional or statutory provisions, an
emergency rule becomes effective immediately upon filing
under Section 5-65 or at a stated date less than 10 days
thereafter. The agency's finding and a statement of the
specific reasons for the finding shall be filed with the
rule. The agency shall take reasonable and appropriate
measures to make emergency rules known to the persons who may
be affected by them.
(c) An emergency rule may be effective for a period of
not longer than 150 days, but the agency's authority to adopt
an identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of
emergency rules that may be adopted in a 24 month period does
not apply to (i) emergency rules that make additions to and
deletions from the Drug Manual under Section 5-5.16 of the
Illinois Public Aid Code or the generic drug formulary under
Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
(ii) emergency rules adopted by the Pollution Control Board
before July 1, 1997 to implement portions of the Livestock
Management Facilities Act. Two or more emergency rules
having substantially the same purpose and effect shall be
deemed to be a single rule for purposes of this Section.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 1998 budget,
emergency rules to implement any provision of this amendatory
Act of 1998 1997 or any other budget initiative for fiscal
year 1999 1998 may be adopted in accordance with this Section
by the agency charged with administering that provision or
initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (d). The adoption of emergency rules authorized
by this subsection (d) shall be deemed to be necessary for
the public interest, safety, and welfare.
(Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97.)
Section 10. The Children and Family Services Act is
amended by changing Sections 5b and 34.10 as follows:
(20 ILCS 505/5b) (from Ch. 23, par. 5005b)
Sec. 5b. Child Care and Development Fund; Department of
Human Services.
(a) Until October 1, 1998: The Child Care and
Development Fund is hereby created as a special fund in the
State treasury. Deposits to this fund shall consist of
receipts from the federal government under the Child Care and
Development Block Grant Program. Disbursements from the
Child Care and Development Fund shall be made by the
Department of Human Services in accordance with the
guidelines established by the federal government for the
Child Care and Development Block Grant Program, subject to
appropriation by the General Assembly.
(b) The Child Care and Development Fund is abolished on
October 1, 1998, and any balance remaining in the Fund on
that date shall be transferred to the Special Purposes Trust
Fund described in Section 12-10 of the Illinois Public Aid
Code.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 505/34.10) (from Ch. 23, par. 5034.10)
Sec. 34.10. Home child care demonstration project;
conversion and renovation grants; Department of Human
Services.
(a) The legislature finds that the demand for quality
child care far outweighs the number of safe, quality spaces
for our children. The purpose of this Section is to increase
the number of child care providers by:
(1) developing a demonstration project to train
individuals to become home child care providers who are
able to establish and operate their own child care
facility; and
(2) providing grants to convert and renovate
existing facilities.
(b) The Department of Human Services may from
appropriations from the Child Care Development Block Grant
establish a demonstration project to train individuals to
become home child care providers who are able to establish
and operate their own home-based child care facilities. The
Department of Human Services is authorized to use funds for
this purpose from the child care and development funds
deposited into the Special Purposes Trust Fund as described
in Section 12-10 of the Illinois Public Aid Code and, until
October 1, 1998, the Child Care and Development Fund created
by the 87th General Assembly. As an economic development
program, the project's focus is to foster individual
self-sufficiency through an entrepreneurial approach by the
creation of new jobs and opening of new small home-based
child care businesses. The demonstration project shall
involve coordination among State and county governments and
the private sector, including but not limited to: the
community college system, the Departments of Labor and
Commerce and Community Affairs, the State Board of Education,
large and small private businesses, nonprofit programs,
unions, and child care providers in the State.
The Department shall submit:
(1) a progress report on the demonstration project
to the legislature by one year after the effective date
of this amendatory Act of 1991; and
(2) a final evaluation report on the demonstration
project, including findings and recommendations, to the
legislature by one year after the due date of the
progress report.
(c) The Department of Human Services may from
appropriations from the Child Care Development Block Grant
provide grants to family child care providers and center
based programs to convert and renovate existing facilities,
to the extent permitted by federal law, so additional family
child care homes and child care centers can be located in
such facilities.
(1) Applications for grants shall be made to the
Department and shall contain information as the
Department shall require by rule. Every applicant shall
provide assurance to the Department that:
(A) the facility to be renovated or improved
shall be used as family child care home or child
care center for a continuous period of at least 5
years;
(B) any family child care home or child care
center program located in a renovated or improved
facility shall be licensed by the Department;
(C) the program shall comply with applicable
federal and State laws prohibiting discrimination
against any person on the basis of race, color,
national origin, religion, creed, or sex;
(D) the grant shall not be used for purposes
of entertainment or perquisites;
(E) the applicant shall comply with any other
requirement the Department may prescribe to ensure
adherence to applicable federal, State, and county
laws;
(F) all renovations and improvements
undertaken with funds received under this Section
shall comply with all applicable State and county
statutes and ordinances including applicable
building codes and structural requirements of the
Department; and
(G) the applicant shall indemnify and save
harmless the State and its officers, agents, and
employees from and against any and all claims
arising out of or resulting from the renovation and
improvements made with funds provided by this
Section, and, upon request of the Department, the
applicant shall procure sufficient insurance to
provide that indemnification.
(2) To receive a grant under this Section to
convert an existing facility into a family child care
home or child care center facility, the applicant shall:
(A) agree to make available to the Department
of Human Services all records it may have relating
to the operation of any family child care home and
child care center facility, and to allow State
agencies to monitor its compliance with the purpose
of this Section;
(B) agree that, if the facility is to be
altered or improved, or is to be used by other
groups, moneys appropriated by this Section shall be
used for renovating or improving the facility only
to the proportionate extent that the floor space
will be used by the child care program; and
(C) establish, to the satisfaction of the
Department that sufficient funds are available for
the effective use of the facility for the purpose
for which it is being renovated or improved.
(3) In selecting applicants for funding, the
Department shall make every effort to ensure that family
child care home or child care center facilities are
equitably distributed throughout the State according to
demographic need. The Department shall give priority
consideration to rural/Downstate areas of the State that
are currently experiencing a shortage of child care
services.
(4) In considering applications for grants to
renovate or improve an existing facility used for the
operations of a family child care home or child care
center, the Department shall give preference to
applications to renovate facilities most in need of
repair to address safety and habitability concerns. No
grant shall be disbursed unless an agreement is entered
into between the applicant and the State, by and through
the Department. The agreement shall include the
assurances and conditions required by this Section and
any other terms which the Department may require.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 15. The Illinois Development Finance Authority
Act is amended by changing Section 7 as follows:
(20 ILCS 3505/7) (from Ch. 48, par. 850.07)
Sec. 7. In addition to the powers otherwise authorized
by law and in addition to the foregoing general corporate
powers, the Authority shall also have the following
additional specific powers to be exercised in furtherance of
the purposes of this Act.
(a) The Authority shall have power (i) to accept grants,
loans or appropriations from the Federal government or the
State, or any agency or instrumentality thereof, to be used
for the operating expenses of the Authority, or for any
purposes of the Authority, including the making of direct
loans of such funds with respect to projects, and (ii) to
enter into any agreement with the Federal government or the
State, or any agency or instrumentality thereof, in
relationship to such grants, loans or appropriations.
(b) The Authority shall have power to procure and enter
into contracts for any type of insurance and indemnity
agreements covering loss or damage to property from any
cause, including loss of use and occupancy, or covering any
other insurable risk.
(c) The Authority shall have the continuing power to
issue bonds for its corporate purposes including, but not
limited to, (i) the purpose of developing, constructing,
acquiring, improving or financing projects, including
industrial projects established by business entities locating
or expanding property in an Enterprise Zone created under the
provisions of the Illinois Enterprise Zone Act, (ii) the
purpose of acquiring qualified securities in an enterprise as
defined in this Act and entering into venture capital
agreements with businesses locating or expanding within an
Enterprise Zone, and acquiring and improving any property
necessary and useful in connection therewith, (iii) the
purposes of the Employee Ownership Assistance Act, (iv) the
purpose of acquiring bonds issued by units of local
government as provided in Sections 7.50 through 7.61 of this
Act, (v) for financing the costs of the production of motion
pictures, and (vi) with the written approval of the Governor,
the purpose of implementation of a financially distressed
city assistance program under Sections 7.80 through 7.87 of
this Act. Bonds may be issued by the Authority in one or
more series and may provide for the payment of any interest
deemed necessary on such bonds, of the costs of issuance of
such bonds, of any premium on any insurance, or of the cost
of any guarantees, letters of credit or other similar
documents, may provide for the funding of any reserves deemed
necessary in connection with such bonds, and may provide for
the refunding or advance refunding of any bonds or for
accounts deemed necessary in connection with any purpose of
the Authority. The bonds may bear interest payable at any
time or times and at any rate or rates, notwithstanding any
other provision of law to the contrary, and such rate or
rates may be established by an index or formula which may be
implemented or established by persons appointed or retained
therefor by the Authority, or may bear no interest or may
bear interest payable at maturity or upon redemption prior to
maturity, may bear such date or dates, may be payable at such
time or times and at such place or places, may mature at any
time or times not later than 40 years from the date of
issuance, may be sold at public or private sale at such time
or times and at such price or prices, may be secured by such
pledges, reserves, guarantees, letters of credit, insurance
contracts or other similar credit support or liquidity
instruments, may be executed in such manner, may be subject
to redemption prior to maturity, may provide for the
registration of the bonds, and may be subject to such other
terms and conditions all as may be provided by the resolution
or indenture authorizing the issuance of such bonds. The
holder or holders of any bonds issued by the Authority may
bring suits at law or proceedings in equity to compel the
performance and observance by any person or by the Authority
or any of its agents or employees of any contract or covenant
made with the holders of such bonds and to compel such person
or the Authority and any of its agents or employees to
perform any duties required to be performed for the benefit
of the holders of any such bonds by the provision of the
resolution authorizing their issuance, and to enjoin such
person or the Authority and any of its agents or employees
from taking any action in conflict with any such contract or
covenant.
Notwithstanding the form and tenor of any such bonds and
in the absence of any express recital on the face thereof
that it is non-negotiable, all such bonds shall be negotiable
instruments. Pending the preparation and execution of any
such bonds, temporary bonds may be issued as provided by the
resolution.
The bonds shall be sold by the Authority in such manner
as it shall determine.
The bonds may be secured as provided in the authorizing
resolution by the receipts, revenues, income and other
available funds of the Authority by any amounts derived by
the Authority from the loan agreement or lease agreement with
respect to the project or projects. The Authority may grant
a specific pledge or assignment of and lien on or security
interest in such rights, revenues, income, or amounts and may
grant a specific pledge or assignment of and lien on or
security interest in any reserves, funds or accounts
established in the resolution authorizing the issuance of
bonds. Any such pledge, assignment, lien or security
interest for the benefit of the holders of the Authority's
bonds shall be valid and binding from the time the bonds are
issued without any physical delivery or further act, and
shall be valid and binding as against and prior to the claims
of all other parties having claims against the Authority or
any other person irrespective of whether the other parties
have notice of the pledge, assignment, lien or security
interest. As evidence of such pledge, assignment, lien and
security interest, the Authority may execute and deliver a
mortgage, trust agreement, indenture or security agreement or
an assignment thereof.
A remedy for any breach or default of the terms of any
such agreement by the Authority may be by mandamus
proceedings in any court of competent jurisdiction to compel
the performance and compliance therewith, but the agreement
may prescribe by whom or on whose behalf such action may be
instituted.
It is expressly understood that the Authority may, but
need not, acquire title to any project with respect to which
it exercises its authority.
(d) With respect to the powers granted by this Act, the
Authority may adopt rules and regulations prescribing the
procedures by which persons may apply for assistance under
this Act.
Nothing herein shall be deemed to preclude the Authority,
prior to the filing of any formal application, from
conducting preliminary discussions and investigations with
respect to the subject matter of any prospective application.
(e) The Authority shall have power to acquire by
purchase, lease, gift or otherwise any property or rights
therein from any person useful for its purposes, whether
improved for the purposes of any prospective project, or
unimproved. The Authority may also accept any donation of
funds for its purposes from any such source. The Authority
shall have no independent power of condemnation but may
acquire any property or rights therein obtained upon
condemnation by any other authority, governmental entity or
unit of local government with such power.
(f) The Authority shall have power to develop, construct
and improve either under its own direction, or through
collaboration with any approved applicant, or to acquire
through purchase or otherwise, any project, using for such
purpose the proceeds derived from the sale of its bonds or
from governmental loans or grants, and to hold title in the
name of the Authority to such projects.
(g) The Authority shall have power to lease pursuant to
a lease agreement any project so developed and constructed or
acquired to the approved tenant on such terms and conditions
as may be appropriate to further the purposes of this Act and
to maintain the credit of the Authority. Any such lease may
provide for either the Authority or the approved tenant to
assume initially, in whole or in part, the costs of
maintenance, repair and improvements during the leasehold
period. In no case, however, shall the total rentals from any
project during any initial leasehold period or the total loan
repayments to be made pursuant to any loan agreement, be less
than an amount necessary to return over such lease or loan
period (1) all costs incurred in connection with the
development, construction, acquisition or improvement of the
project and for repair, maintenance and improvements thereto
during the period of the lease or loan; provided, however,
that the rentals or loan repayments need not include costs
met through the use of funds other than those obtained by the
Authority through the issuance of its bonds or governmental
loans; (2) a reasonable percentage additive to be agreed upon
by the Authority and the borrower or tenant to cover a
properly allocable portion of the Authority's general
expenses, including, but not limited to, administrative
expenses, salaries and general insurance, and (3) an amount
sufficient to pay when due all principal of, interest and
premium, if any on, any bonds issued by the Authority with
respect to the project.
The portion of total rentals payable under clause (3) of
this subsection (g) shall be deposited in such special
accounts, including all sinking fund, acquisition or
construction funds, debt service and other funds as provided
by any resolution, mortgage or trust agreement of the
Authority pursuant to which any bond is issued.
(h) The Authority has the power, upon the termination of
any leasehold period of any project, to sell or lease for a
further term or terms such project on such terms and
conditions as the Authority shall deem reasonable and
consistent with the purposes of the Act. The net proceeds
from all such sales and the revenues or income from such
leases shall be used to satisfy any indebtedness of the
Authority with respect to such project and any balance may be
used to pay any expenses of the Authority or be used for the
further development, construction, acquisition or improvement
of projects.
In the event any project is vacated by a tenant prior to
the termination of the initial leasehold period, the
Authority shall sell or lease the facilities of the project
on the most advantageous terms available. The net proceeds of
any such disposition shall be treated in the same manner as
the proceeds from sales or the revenues or income from leases
subsequent to the termination of any initial leasehold
period.
(i) The Authority shall have the power to make loans to
persons to finance a project, to enter into loan agreements
with respect thereto, and to accept guarantees from persons
of its loans or the resultant evidences of obligations to the
Authority.
(j) The Authority may fix, determine, charge and collect
any premiums, fees, charges, costs and expenses, including,
without limitation, any application fees, commitment fees,
program fees, financing charges or publication fees from any
person in connection with its activities under this Act.
(k) In addition to the funds established as provided
herein, the Authority shall have the power to create and
establish such reserve funds and accounts as may be necessary
or desirable to accomplish its purposes under this Act and to
deposit its available monies into the funds and accounts.
(l) At the request of the governing body of any unit of
local government, the Authority is authorized to market such
local government's industrial revenue bond offerings by
preparing bond issues for sale, advertising for sealed bids,
receiving bids at its offices, making the award to the bidder
that offers the most favorable terms or arranging for
negotiated placements or underwritings of such securities.
The Authority may, at its discretion, offer for concurrent
sale the industrial revenue bonds of several local
governments. Sales by the Authority of industrial revenue
bonds under this Section shall in no way imply State
guarantee of such debt issue. The Authority may require such
financial information from participating local governments as
it deems necessary in order to carry out the purposes of this
subsection (l).
(m) The Authority may make grants to any county to which
Division 5-37 of the Counties Code is applicable to assist in
the financing of capital development, construction and
renovation of new or existing facilities for hospitals and
health care facilities under that Act. Such grants may only
be made from funds appropriated for such purposes from the
Build Illinois Bond Fund or the Build Illinois Purposes Fund.
(n) The Authority may establish an urban development
action grant program for the purpose of assisting
municipalities in Illinois which are experiencing severe
economic distress to help stimulate economic development
activities needed to aid in economic recovery. The Authority
shall determine the types of activities and projects for
which the urban development action grants may be used,
provided that such projects and activities are broadly
defined to include all reasonable projects and activities the
primary objectives of which are the development of viable
urban communities, including decent housing and a suitable
living environment, and expansion of economic opportunity,
principally for persons of low and moderate incomes. The
Authority shall enter into grant agreements from monies
appropriated for such purposes from the Build Illinois Bond
Fund or the Build Illinois Purposes Fund. The Authority shall
monitor the use of the grants, and shall provide for audits
of the funds as well as recovery by the Authority of any
funds determined to have been spent in violation of this
subsection (n) or any rule or regulation promulgated
hereunder. The Authority shall provide technical assistance
with regard to the effective use of the urban development
action grants. The Authority shall file an annual report to
the General Assembly concerning the progress of the grant
program.
(o) The Authority may establish a Housing Partnership
Program whereby the Authority provides zero-interest loans to
municipalities for the purpose of assisting in the financing
of projects for the rehabilitation of affordable multi-family
housing for low and moderate income residents. The Authority
may provide such loans only upon a municipality's providing
evidence that it has obtained private funding for the
rehabilitation project. The Authority shall provide 3 State
dollars for every 7 dollars obtained by the municipality from
sources other than the State of Illinois. The loans shall be
made from monies appropriated for such purpose from the Build
Illinois Bond Fund or the Build Illinois Purposes Fund. The
total amount of loans available under the Housing Partnership
Program shall not exceed $30,000,000. State loan monies under
this subsection (o) shall be used only for the acquisition
and rehabilitation of existing buildings containing 4 or more
dwelling units. The terms of any loan made by the
municipality under this subsection shall require repayment of
the loan to the municipality upon any sale or other transfer
of the project.
(p) The Authority may award grants to universities and
research institutions, research consortiums and other
not-for-profit entities for the purposes of: remodeling or
otherwise physically altering existing laboratory or research
facilities, expansion or physical additions to existing
laboratory or research facilities, construction of new
laboratory or research facilities or acquisition of modern
equipment to support laboratory or research operations
provided that such grants (i) be used solely in support of
project and equipment acquisitions which enhance technology
transfer, and (ii) not constitute more than 60 percent of the
total project or acquisition cost.
(q) Grants may be awarded by the Authority to units of
local government for the purpose of developing the
appropriate infrastructure or defraying other costs to the
local government in support of laboratory or research
facilities provided that such grants may not exceed 40% of
the cost to the unit of local government.
(r) The Authority may establish a Direct Loan Program to
make loans to individuals, partnerships or corporations for
the purpose of an industrial project, as defined in Section 3
of this Act. For the purposes of such program and not by way
of limitation on any other program of the Authority, the
Authority shall have the power to issue bonds, notes, or
other evidences of indebtedness including commercial paper
for purposes of providing a fund of capital from which it may
make such loans. The Authority shall have power to use any
appropriations from the State made especially for the
Authority's Direct Loan Program for additional capital to
make such loans or for the purposes of reserve funds or
pledged funds which secure the Authority's obligations of
repayment of any bond, note or other form of indebtedness
established for the purpose of providing capital for which it
intends to make such loans under the Direct Loan Program.
For the purpose of obtaining such capital, the Authority may
also enter into agreements with financial institutions and
other persons for the purpose of selling loans and developing
a secondary market for such loans.
Loans made under the Direct Loan Program may be in an
amount not to exceed $300,000 and shall be made for a portion
of an industrial project which does not exceed 50% of the
total project. No loan may be made by the Authority unless
approved by the affirmative vote of at least 8 members of the
board. The Authority shall establish procedures and publish
rules which shall provide for the submission, review, and
analysis of each direct loan application and which shall
preserve the ability of each board member to reach an
individual business judgment regarding the propriety of
making each direct loan. The collective discretion of the
board to approve or disapprove each loan shall be
unencumbered.
The Authority may establish and collect such fees and
charges, determine and enforce such terms and conditions, and
charge such interest rates as it determines to be necessary
and appropriate to the successful administration of the
Direct Loan Program. The Authority may require such
interests in collateral and such guarantees as it determines
are necessary to protect the Authority's interest in the
repayment of the principal and interest of each loan made
under the Direct Loan Program.
(s) The Authority may guarantee private loans to third
parties up to a specified dollar amount in order to promote
economic development in this State.
(t) The Authority may adopt rules and regulations as may
be necessary or advisable to implement the powers conferred
by this Act.
(u) In addition to any other bonds authorized by this
Act, the Authority shall have the power to issue up to
$20,000,000 in bonds, notes or other evidences of
indebtedness, which may be used to make loans to units of
local government which are authorized to enter into loan
agreements and other documents and to issue bonds, notes and
other evidences of indebtedness for the purpose of financing
the protection of storm sewer outfalls, the construction of
adequate storm sewer outfalls, and the provision for flood
protection of sanitary sewage treatment plants, in counties
that have established a stormwater management planning
committee in accordance with Section 5-1062 of the Counties
Code. Any such loan shall be made by the Authority pursuant
to the provisions of Sections 7.50 to 7.61 of this Act. The
unit of local government shall pay back to the Authority the
principal amount of the loan, plus annual interest as
determined by the Authority. The Authority shall have the
power, subject to appropriations by the General Assembly, to
subsidize or buy down a portion of the interest on such
loans, up to 4% per annum.
(v) The Authority may accept security interests as
provided in Sections 11-3 and 11-3.3 of the Illinois Public
Aid Code.
(w) The Authority may enter into agreements or
arrangements with Federal or State agencies to carry out the
purposes of this Act.
(x) The Authority may use any funds in its possession
remaining unexpended from the funds appropriated to the
Authority under Section 93 of Public Act 84-1108 as follows:
(1) to make a $1,000,000 ten-year, no-interest loan to the
Illinois Facilities Fund to assist in the development of
low-interest loans to nonprofit organizations; and (2) if and
only if the loan described in item (1) has been made, for any
of its general corporate purposes.
(Source: P.A. 87-778; 87-842; 87-895; 88-665, eff. 9-16-94.)
Section 20. The Illinois Criminal Justice Information
Act is amended by adding Section 9.2 as follows:
(20 ILCS 3930/9.2 new)
Sec. 9.2. The Juvenile Accountability Incentive Block
Grant Fund is hereby created as a special fund in the State
treasury. Deposits to this Fund shall consist of receipts
from the federal government under the Juvenile Accountability
Incentive Block Grant program and interest earned from the
investment of moneys in the Fund. Disbursements from the
Fund shall be made, subject to appropriation, by the Illinois
Criminal Justice Information Authority in accordance with the
guidelines established by the federal government for the
Juvenile Accountability Incentive Block Grant Program.
Specifically, the Fund may be used to provide financial
support to State agencies (including the Illinois Criminal
Justice Information Authority) and units of local government
and to pay the Authority's administrative costs associated
with the Juvenile Accountability Incentive Block Grant
Program.
(30 ILCS 105/5.449 rep.)
Section 25. The State Finance Act is amended by
repealing Section 5.449 (as added by Public Act 90-9).
Section 30. The State Finance Act is amended by adding
Sections 5.480 and 5.481 and changing Sections 5.450 (as
added by Public Act 90-9), 6z-27, 6z-45, 8a, and 13.2 as
follows:
(30 ILCS 105/5.450)
Sec. 5.450. The Department of Corrections Reimbursement
and Education Fund.
(Source: P.A. 90-9, eff. 7-1-97.)
(30 ILCS 105/5.480 new)
Sec. 5.480. The Juvenile Accountability Incentive Block
Grant Fund.
(30 ILCS 105/5.481 new)
Sec. 5.481. The Juvenile Rehabilitation Services
Medicaid Matching Fund.
(30 ILCS 105/6z-27)
Sec. 6z-27. All moneys in the Audit Expense Fund shall
be transferred, appropriated and used only for the purposes
authorized by, and subject to the limitations and conditions
prescribed by, the State Auditing Act.
Within 30 days after the effective date of this
amendatory Act of 1998 1997, the State Comptroller shall
order transferred and the State Treasurer shall transfer from
the following funds moneys in the specified amounts for
deposit into the Audit Expense Fund:
The Agricultural Premium Fund..... 47,573 47,863
Alcoholism and Substance Abuse Block
Grant Fund.................... 41,525
Anna Veterans Home Fund........... 2,390
Appraisal Administration Fund..... 2,250
Asbestos Abatement Fund........... 2,911
Bank and Trust Company Fund....... 71,774
Build Illinois Capital Revolving
Loan Fund..................... 3,287
By-product Material Safety Fund... 57,991
Capital Development Board
Revolving Fund................ 1,375
Care Provider Fund for Persons with
Developmental Disability...... 3,559 24,941
Child Care and Development Fund... 6,574
Child Labor Enforcement Fund...... 1,553
Clean Air Act (CAA) Permit Fund... 8,245
Coal Technology Development
Assistance Fund............... 4,151
Common School Fund................ 102,856 42,944
The Communications Revolving Fund. 12,700 6,644
Community Water Supply
Laboratory Fund............... 821
Conservation 2000 Fund............ 4,930 6,454
Continuing Legal Education
Trust Fund.................... 725
Credit Union Fund................. 5,635
DCFS Children's Services Fund..... 33,516
Department of Children and Family
Services Training Fund........ 1,234
Design Professionals Administration
and Investigation Fund........ 7,556
DMH/DD Accounts Receivable Fund... 1,591
The Downstate Public
Transportation Fund........... 1,495 709
Dram Shop Fund.................... 42,493
Drivers Education Fund............ 633
Drunk and Drugged Driving
Prevention Fund............... 615
The Education Assistance Fund..... 149,225 155,115
Environmental Protection Permit
and Inspection Fund........... 9,599
Estate Tax Collection
Distributive Fund............. 1,704 1,182
Fair and Exposition Fund.......... 639 4,834
Federal Job-Training Information
Systems Revolving Fund........ 507
Feed Control Fund................. 1,602
Fertilizer Control Fund........... 1,391
The Fire Prevention Fund.......... 806 1,069
General Assembly Computer Equipment
Revolving Fund................ 1,429
General Professions Dedicated Fund. 32,596
The General Revenue Fund.......... 7,038,231 9,291,555
Grade Crossing Protection Fund.... 1,334 799
Guardianship and Advocacy Fund.... 570
Hazardous Waste Fund.............. 1,347
Hazardous Waste Research Fund..... 921
Horse Racing Tax Allocation Fund.. 5,238 8,477
Hospital Provider Fund............ 745 13,224
Illinois Affordable Housing
Trust Fund.................... 1,192
Illinois Beach Marina Fund........ 2,117
Illinois Forestry Development Fund. 2,809
Illinois Gaming Law Enforcement Fund. 3,128
Illinois Habitat Fund............. 639
Illinois Health Care Cost
Containment Special Studies Fund. 13,559
Illinois Health Facilities
Planning Fund................. 571
Illinois Historic Sites Fund...... 5,310
Illinois Race Track Improvement Fund. 17,221
Illinois Standardbred Breeders Fund. 794 6,352
Illinois State Dental
Disciplinary Fund............. 5,201
Illinois State Fair Fund.......... 1,636 12,800
Illinois State Medical
Disciplinary Fund............. 36,747
Illinois State Pharmacy
Disciplinary Fund............. 14,314
Illinois State Podiatric
Disciplinary Fund............. 1,702
Illinois Tax Increment Fund....... 670
Illinois Thoroughbred Breeders Fund. 1,015 8,863
IMSA Income Fund.................. 1,129 947
Income Tax Refund Fund............ 11,805 37,436
Insurance Financial Regulation Fund. 70,106
Insurance Producer Administration Fund. 56,301
Interior Design Administration and
Investigation Fund............ 1,199
Keep Illinois Beautiful Fund...... 1,065
Landscape Architects' Administration
and Investigation Fund........ 714
LaSalle Veterans' Home Fund....... 5,913
Lead Poisoning Screening, Prevention,
and Abatement Fund............ 1,557
Live and Learn Fund............... 2,856 7,464
The Local Government
Distributive Fund............. 12,445 35,923
The Local Initiative Fund......... 1,975 886
Local Tourism Fund................ 4,804
Long Term Care Provider Fund...... 10,268 13,202
Mandatory Arbitration Fund........ 3,125
Manteno Veterans' Home Fund....... 14,456
Mental Health Fund................ 2,602 25,624
Metabolic Screening and Treatment Fund. 1,750
Metro-East Public Transportation Fund. 982
The Motor Fuel Tax Fund........... 36,620 21,946
Motor Vehicle Theft Prevention
Trust Fund.................... 12,456
Natural Areas Acquisition Fund.... 10,060
Nuclear Safety Emergency
Preparedness Fund............. 24,927
Nursing Dedicated and Professional
Fund.......................... 23,145
Open Space Lands Acquisition
and Development Fund.......... 16,199
Optometric Licensing and Disciplinary
Committee Fund................ 3,147
Park and Conservation Fund........ 26,814
The Personal Property Tax
Replacement Fund.............. 15,366 39,111
Pesticide Control Fund............ 728 5,941
Public Infrastructure Construction
Loan Revolving Fund........... 1,774
The Public Transportation Fund.... 13,030 6,630
Public Utility Fund............... 1,129 41,559
Quincy Veterans Home Fund......... 27,103
Radiation Protection Fund......... 7,769
Radioactive Waste Facility
Development and Operation Fund. 10,942
Real Estate License
Administration Fund........... 11,043
Registered Certified Public
Accountants' Administration and
Disciplinary Fund............. 2,305
The Road Fund..................... 155,219 102,141
Regional Transportation Authority
Occupation and Use Tax
Replacement Fund.............. 724
Savings and Residential Finance
Regulatory Fund............... 13,723
Secretary of State Special
Services Fund................. 1,404
Securities Audit and Enforcement Fund. 699
Solid Waste Management Fund....... 6,771
Special Education Medicaid
Matching Fund................. 3,521 711
The State and Local Sales Tax
Reform Fund................... 1,448
State Boating Act Fund............ 13,855
State Construction Account Fund... 43,730 18,524
State Employees Deferred Compensation
Plan Fund..................... 20,641
The State Gaming Fund............. 1,454 4,487
The State Garage Revolving Fund... 4,064 2,081
The State Lottery Fund............ 34,669 33,512
State Migratory Waterfowl
Stamp Fund.................... 2,103
State Parks Fund.................. 9,760
State Pheasant Fund............... 719
State Police Services Fund........ 9,340
State Treasurer's Bank Services
Trust Fund.................... 706 529
State's Attorneys Appellate
Prosecutor's County Fund...... 6,903
The Statistical Services
Revolving Fund................ 7,559 3,921
Tourism Promotion Fund............ 15,060
Traffic and Criminal Conviction
Surcharge Fund................ 51,320
Transportation Regulatory Fund.... 31,988
Trauma Center Fund................ 1,323
U of I Hospital Services Fund..... 4,696 6,832
Underground Resources Conservation
Enforcement Fund.............. 1,595
Underground Storage Tank Fund..... 11,710
The Vehicle Inspection Fund....... 5,420 677
Violent Crime Victims
Assistance Fund............... 20,392
Weights and Measures Fund......... 611 3,126
Wildlife and Fish Fund............ 41,727
The Working Capital Revolving Fund. 72,135 35,332
Youth Alcoholism and Substance
Abuse Prevention Fund......... 775
Notwithstanding any provision of the law to the contrary,
the General Assembly hereby authorizes the use of such funds
for the purposes set forth in this Section.
These provisions do not apply to funds classified by the
Comptroller as federal trust funds or State trust funds. The
Audit Expense Fund may receive transfers from those trust
funds only as directed herein, except where prohibited by the
terms of the trust fund agreement. The Auditor General shall
notify the trustees of those funds of the estimated cost of
the audit to be incurred under the Illinois State Auditing
Act for the fund. The trustees of those funds shall direct
the State Comptroller and Treasurer to transfer the estimated
amount to the Audit Expense Fund.
The Auditor General may bill entities that are not
subject to the above transfer provisions, including private
entities, related organizations and entities whose funds are
locally-held, for the cost of audits, studies, and
investigations incurred on their behalf. Any revenues
received under this provision shall be deposited into the
Audit Expense Fund.
In the event that moneys on deposit in any fund are
unavailable, by reason of deficiency or any other reason
preventing their lawful transfer, the State Comptroller shall
order transferred and the State Treasurer shall transfer the
amount deficient or otherwise unavailable from the General
Revenue Fund for deposit into the Audit Expense Fund.
On or before December 1, 1992, and each December 1
thereafter, the Auditor General shall notify the Bureau of
the Budget of the amount estimated to be necessary to pay for
audits, studies, and investigations in accordance with the
Illinois State Auditing Act during the next succeeding fiscal
year for each State fund for which a transfer or
reimbursement is anticipated.
Beginning with fiscal year 1994 and during each fiscal
year thereafter, the Auditor General may direct the State
Comptroller and Treasurer to transfer moneys from funds
authorized by the General Assembly for that fund. In the
event funds, including federal and State trust funds but
excluding the General Revenue Fund, are transferred, during
fiscal year 1994 and during each fiscal year thereafter, in
excess of the amount to pay actual costs attributable to
audits, studies, and investigations as permitted or required
by the Illinois State Auditing Act or specific action of the
General Assembly, the Auditor General shall, on September 30,
or as soon thereafter as is practicable, direct the State
Comptroller and Treasurer to transfer the excess amount back
to the fund from which it was originally transferred.
(Source: P.A. 89-207, eff. 7-21-95; 89-499, eff. 6-28-96;
90-314, eff. 8-1-97.)
(30 ILCS 105/6z-45)
Sec. 6z-45. The School Infrastructure Fund. The School
Infrastructure Fund is created as a special fund in the State
Treasury. Subject to the transfer provisions set forth below
appropriation, money in the School Infrastructure Fund shall,
if and when the State of Illinois incurs any bonded
indebtedness for the construction of school improvements
under the School Construction Act, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and
payable, and for no other purpose. In addition to other
transfers to the General Obligation Bond Retirement and
Interest Fund made pursuant to Section 15 of the General
Obligation Bond Act, upon each delivery of bonds issued for
construction of school improvements under the School
Construction Act, the State Comptroller shall compute and
certify to the State Treasurer the total amount of principal
of, interest on, and premium, if any, on such bonds during
the then current and each succeeding fiscal year. On or
before the last day of each month, the State Treasurer and
State Comptroller shall transfer from the School
Infrastructure Fund to the General Obligation Bond Retirement
and Interest Fund an amount sufficient to pay the aggregate
of the principal of, interest on, and premium, if any, on the
bonds payable on their next payment date, divided by the
number of monthly transfers occurring between the last
previous payment date (or the delivery date if no payment
date has yet occurred) and the next succeeding payment date.
The surplus, if any, in the School Infrastructure Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall, subject to
appropriation, be used as follows:
First--to make 3 payments to the School Technology
Revolving Loan Fund as follows:
Transfer of $30,000,000 in fiscal year 1999;
Transfer of $20,000,000 in fiscal year 2000; and
Transfer of $10,000,000 in fiscal year 2001.
Second--to pay the expenses of the State Board of
Education and the Capital Development Board in administering
programs under the School Construction Act, the total
expenses not to exceed $1,000,000 in any fiscal year.
Third--to pay any amounts due for grants for school
construction projects and debt service under the School
Construction Act.
(Source: P.A. 90-548, eff. 1-1-98.)
(30 ILCS 105/8a) (from Ch. 127, par. 144a)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 8a. Common School Fund; transfers to Common School
Fund and Education Assistance 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 and Education Assistance
Fund, as appropriate, 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 and Education Assistance
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 and
the Education Assistance 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 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. 90-372, eff. 7-1-98.)
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
Sec. 13.2. Transfers among line item appropriations.
(a) Transfers among line item appropriations from the
same treasury fund for the objects specified in this Section
may be made in the manner provided in this Section when the
balance remaining in one or more such line item
appropriations is insufficient for the purpose for which the
appropriation was made.
No transfers may be made from one agency to another
agency, nor may transfers be made from one institution of
higher education to another institution of higher education.
Transfers may be made only among the objects of expenditure
enumerated in this Section, except that no funds may be
transferred from any appropriation for personal services,
from any appropriation for State contributions to the State
Employees' Retirement System, from any separate appropriation
for employee retirement contributions paid by the employer,
nor from any appropriation for State contribution for
employee group insurance. Further, if an agency receives a
separate appropriation for employee retirement contributions
paid by the employer, any transfer by that agency into an
appropriation for personal services must be accompanied by a
corresponding transfer into the appropriation for employee
retirement contributions paid by the employer, in an amount
sufficient to meet the employer share of the employee
contributions required to be remitted to the retirement
system.
(b) In addition to the general transfer authority
provided under subsection (c), the following agencies have
the specific transfer authority granted in this subsection:
The Illinois Department of Public Aid is authorized to
make transfers representing savings attributable to not
increasing grants due to the births of additional children
from line items for payments of cash grants to line items for
payments for employment and social services for the purposes
outlined in subsection (f) of Section 4-2 of the Illinois
Public Aid Code.
The Department of Children and Family Services is
authorized to make transfers not exceeding 2% of the
aggregate amount appropriated to it within the same treasury
fund for the following line items among these same line
items: Foster Home and Specialized Foster Care and
Prevention, Institutions and Group Homes and Prevention, and
Purchase of Adoption and Guardianship Services.
The Department on Aging is authorized to make transfers
not exceeding 2% of the aggregate amount appropriated to it
within the same treasury fund for the following Community
Care Program line items among these same line items:
Homemaker and Senior Companion Services, Case Coordination
Units, and Adult Day Care Services.
(c) The sum of such transfers for an agency in a fiscal
year shall not exceed 2% of the aggregate amount appropriated
to it within the same treasury fund for the following
objects: Personal Services; Extra Help; Student and Inmate
Compensation; State Contributions to Retirement Systems;
State Contributions to Social Security; State Contribution
for Employee Group Insurance; Contractual Services; Travel;
Commodities; Printing; Equipment; Electronic Data Processing;
Operation of Automotive Equipment; Telecommunications
Services; Travel and Allowance for Committed, Paroled and
Discharged Prisoners; Library Books; Federal Matching Grants
for Student Loans; Refunds; Workers' Compensation,
Occupational Disease, and Tort Claims; and, in appropriations
to institutions of higher education, Awards and Grants.
Notwithstanding the above, any amounts appropriated for
payment of workers' compensation claims to an agency to which
the authority to evaluate, administer and pay such claims has
been delegated by the Department of Central Management
Services may be transferred to any other expenditure object
where such amounts exceed the amount necessary for the
payment of such claims.
(d) Transfers among appropriations made to agencies of
the Legislative and Judicial departments and to the
constitutionally elected officers in the Executive branch
require the approval of the officer authorized in Section 10
of this Act to approve and certify vouchers. Transfers among
appropriations made to 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
Illinois Mathematics and Science Academy and the Board of
Higher Education require the approval of the Board of Higher
Education and the Governor. Transfers among appropriations
to all other agencies require the approval of the Governor.
The officer responsible for approval shall certify that
the transfer is necessary to carry out the programs and
purposes for which the appropriations were made by the
General Assembly and shall transmit to the State Comptroller
a certified copy of the approval which shall set forth the
specific amounts transferred so that the Comptroller may
change his records accordingly. The Comptroller shall
furnish the Governor with information copies of all transfers
approved for agencies of the Legislative and Judicial
departments and transfers approved by the constitutionally
elected officials of the Executive branch other than the
Governor, showing the amounts transferred and indicating the
dates such changes were entered on the Comptroller's records.
(Source: P.A. 89-4, eff. 1-1-96; 89-641, eff. 8-9-96.)
Section 35. The Cigarette Tax Act is amended by changing
Section 2 as follows:
(35 ILCS 130/2) (from Ch. 120, par. 453.2)
Sec. 2. Tax imposed; rate; collection, payment, and
distribution; discount.
(a) A tax is imposed upon any person engaged in business
as a retailer of cigarettes in this State at the rate of 5
1/2 mills per cigarette sold, or otherwise disposed of in the
course of such business in this State. In addition to any
other tax imposed by this Act, a tax is imposed upon any
person engaged in business as a retailer of cigarettes in
this State at a rate of 1/2 mill per cigarette sold or
otherwise disposed of in the course of such business in this
State on and after January 1, 1947, and shall be paid into
the Metropolitan Fair and Exposition Authority Reconstruction
Fund. On and after December 1, 1985, in addition to any other
tax imposed by this Act, a tax is imposed upon any person
engaged in business as a retailer of cigarettes in this State
at a rate of 4 mills per cigarette sold or otherwise disposed
of in the course of such business in this State. Of the
additional tax imposed by this amendatory Act of 1985,
$9,000,000 of the moneys received by the Department of
Revenue pursuant to this Act shall be paid each month into
the Common School Fund. On and after the effective date of
this amendatory Act of 1989, in addition to any other tax
imposed by this Act, a tax is imposed upon any person engaged
in business as a retailer of cigarettes at the rate of 5
mills per cigarette sold or otherwise disposed of in the
course of such business in this State. On and after the
effective date of this amendatory Act of 1993, in addition to
any other tax imposed by this Act, a tax is imposed upon any
person engaged in business as a retailer of cigarettes at the
rate of 7 mills per cigarette sold or otherwise disposed of
in the course of such business in this State. On and after
December 15, 1997, in addition to any other tax imposed by
this Act, a tax is imposed upon any person engaged in
business as a retailer of cigarettes at the rate of 7 mills
per cigarette sold or otherwise disposed of in the course of
such business of this State. All of the moneys received by
the Department of Revenue pursuant to this Act and the
Cigarette Use Tax Act from the additional taxes imposed by
this amendatory Act of 1997, shall be paid each month into
the Common School Fund. The payment of such taxes shall be
evidenced by a stamp affixed to each original package of
cigarettes, or an authorized substitute for such stamp
imprinted on each original package of such cigarettes
underneath the sealed transparent outside wrapper of such
original package, as hereinafter provided. However, such
taxes are not imposed upon any activity in such business in
interstate commerce or otherwise, which activity may not
under the Constitution and statutes of the United States be
made the subject of taxation by this State.
Beginning on the effective date of this amendatory Act of
1998 1993, all of the moneys received by the Department of
Revenue pursuant to this Act and the Cigarette Use Tax Act,
other than the moneys that are dedicated to the Metropolitan
Fair and Exposition Authority Reconstruction Fund and the
Common School Fund, shall be distributed each month as
follows: first, there shall be paid into the General Revenue
Fund an amount which, when added to the amount paid into the
Common School Fund for that month, equals $33,300,000; then,
from the moneys remaining, if any amounts required to be paid
into the General Revenue Fund in previous months remain
unpaid, those amounts shall be paid into the General Revenue
Fund; then, from the moneys remaining, if any, amounts
required to be paid into the Long-Term Care Provider Fund in
previous months remain unpaid, those amounts shall be paid
into the Long-Term Care Provider Fund; then, from the moneys
remaining, $9,545,000 shall be paid into the Long-Term Care
Provider Fund (except that not more than $105,000,000 shall
be paid into the Long-Term Care Provider Fund in State fiscal
year 1994 from moneys received pursuant to this Act); and
finally the remaining moneys, if any, shall be paid into the
Hospital Provider Fund. To the extent that more than
$25,000,000 has been paid into the General Revenue Fund and
Common School Fund per month for the period of July 1, 1993
through the effective date of this amendatory Act of 1994
from combined receipts of the Cigarette Tax Act and the
Cigarette Use Tax Act, notwithstanding the distribution
provided in this Section, the Department of Revenue is hereby
directed to adjust the distribution provided in this Section
to increase the next monthly payments to the Long Term Care
Provider Fund by the amount paid to the General Revenue Fund
and Common School Fund in excess of $25,000,000 per month and
to decrease the next monthly payments to the General Revenue
Fund and Common School Fund by that same excess amount.
When any tax imposed herein terminates or has terminated,
distributors who have bought stamps while such tax was in
effect and who therefore paid such tax, but who can show, to
the Department's satisfaction, that they sold the cigarettes
to which they affixed such stamps after such tax had
terminated and did not recover the tax or its equivalent from
purchasers, shall be allowed by the Department to take credit
for such absorbed tax against subsequent tax stamp purchases
from the Department by such distributor.
The impact of the tax levied by this Act is imposed upon
the retailer and shall be prepaid or pre-collected by the
distributor for the purpose of convenience and facility only,
and the amount of the tax shall be added to the price of the
cigarettes sold by such distributor. Collection of the tax
shall be evidenced by a stamp or stamps affixed to each
original package of cigarettes, as hereinafter provided.
Each distributor shall collect the tax from the retailer
at or before the time of the sale, shall affix the stamps as
hereinafter required, and shall remit the tax collected from
retailers to the Department, as hereinafter provided. Any
distributor who fails to properly collect and pay the tax
imposed by this Act shall be liable for the tax. Any
distributor having cigarettes to which stamps have been
affixed in his possession for sale on the effective date of
this amendatory Act of 1989 shall not be required to pay the
additional tax imposed by this amendatory Act of 1989 on such
stamped cigarettes. Any distributor having cigarettes to
which stamps have been affixed in his or her possession for
sale at 12:01 a.m. on the effective date of this amendatory
Act of 1993, is required to pay the additional tax imposed by
this amendatory Act of 1993 on such stamped cigarettes. This
payment, less the discount provided in subsection (b), shall
be due when the distributor first makes a purchase of
cigarette tax stamps after the effective date of this
amendatory Act of 1993, or on the first due date of a return
under this Act after the effective date of this amendatory
Act of 1993, whichever occurs first. Any distributor having
cigarettes to which stamps have been affixed in his
possession for sale on December 15, 1997 shall not be
required to pay the additional tax imposed by this amendatory
Act of 1997 on such stamped cigarettes.
The amount of the Cigarette Tax imposed by this Act shall
be separately stated, apart from the price of the goods, by
both distributors and retailers, in all advertisements, bills
and sales invoices.
(b) The distributor shall be required to collect the
taxes provided under paragraph (a) hereof, and, to cover the
costs of such collection, shall be allowed a discount during
any year commencing July 1st and ending the following June
30th in accordance with the schedule set out hereinbelow,
which discount shall be allowed at the time of purchase of
the stamps when purchase is required by this Act, or at the
time when the tax is remitted to the Department without the
purchase of stamps from the Department when that method of
paying the tax is required or authorized by this Act. Prior
to December 1, 1985, a discount equal to 1 2/3% of the amount
of the tax up to and including the first $700,000 paid
hereunder by such distributor to the Department during any
such year; 1 1/3% of the next $700,000 of tax or any part
thereof, paid hereunder by such distributor to the Department
during any such year; 1% of the next $700,000 of tax, or any
part thereof, paid hereunder by such distributor to the
Department during any such year, and 2/3 of 1% of the amount
of any additional tax paid hereunder by such distributor to
the Department during any such year shall apply. On and after
December 1, 1985, a discount equal to 1.75% of the amount of
the tax payable under this Act up to and including the first
$3,000,000 paid hereunder by such distributor to the
Department during any such year and 1.5% of the amount of any
additional tax paid hereunder by such distributor to the
Department during any such year shall apply.
Two or more distributors that use a common means of
affixing revenue tax stamps or that are owned or controlled
by the same interests shall be treated as a single
distributor for the purpose of computing the discount.
(c) The taxes herein imposed are in addition to all
other occupation or privilege taxes imposed by the State of
Illinois, or by any political subdivision thereof, or by any
municipal corporation.
(Source: P.A. 90-548, eff. 12-4-97.)
Section 40. The School Code is amended by changing
Section 13-44.4 as follows:
(105 ILCS 5/13-44.4) (from Ch. 122, par. 13-44.4)
Sec. 13-44.4. Department of Corrections Reimbursement
and Education Fund; budget. All moneys received from the
Common School Fund, federal aid and grants, vocational and
educational funds and grants, and gifts and grants by
individuals, foundations and corporations for educational
purposes shall be deposited into the Department of
Corrections Reimbursement and Education Fund, which is hereby
created as a special fund in the State Treasury. Moneys in
the Department of Corrections Reimbursement and Education
Fund may shall be used, subject to appropriation, to pay the
expense of the schools and school district of the Department
of Corrections together with and supplemental to regular
appropriations to the Department for educational purposes,
including, but not limited to, the cost of teacher salaries,
supplies and materials, building upkeep and costs,
transportation, scholarships, non-academic salaries,
equipment and other school costs.
Beginning in 1972, the Board of Education shall, by
November 15, adopt an annual budget for the use of education
moneys for the next school year which it deems necessary to
defray all necessary expenses and liabilities of the
district, and in such annual budget shall specify the objects
and purposes of each item and the amount needed for each
object or purpose. The budget shall contain a statement of
cash on hand at the beginning of the fiscal year, an estimate
of the cash expected to be received during such fiscal year
from all sources, an estimate of the expenditure contemplated
for such fiscal year, and a statement of the estimated cash
expected to be on hand at the end of such year. Prior to the
adoption of the annual educational budget, this budget shall
be submitted to the Department of Corrections and the State
Board of Education for incorporation.
(Source: P.A. 90-9, eff. 7-1-97.)
Section 45. If and only if Senate Bill 1338 of the 90th
General Assembly becomes law in the form in which it was
introduced, the Public Community College Act is amended by
changing Section 2-16.02 as follows:
(110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
Sec. 2-16.02. Grants. Any community college district
that maintains a community college recognized by the State
Board shall receive, when eligible, grants enumerated in this
Section. Funded semester credit hours or other measures or
both as specified by the State Board shall be used to
distribute grants to community colleges. Funded semester
credit hours shall be defined, for purposes of this Section,
as the greater of (1) the number of semester credit hours, or
equivalent, in all funded instructional categories of
students who have been certified as being in attendance at
midterm during the respective terms of the base fiscal year
or (2) the average of semester credit hours, or equivalent,
in all funded instructional categories of students who have
been certified as being in attendance at midterm during the
respective terms of the base fiscal year and the 2 prior
fiscal years. For purposes of this Section, "base fiscal
year" means the fiscal year 2 years prior to the fiscal year
for which the grants are appropriated. Such students shall
have been residents of Illinois and shall have been enrolled
in courses that are part of instructional program categories
approved by the State Board and that are applicable toward an
associate degree or certificate. Courses are not eligible
for reimbursement where the district receives federal or
State financing or both, except financing through the State
Board, for 50% or more of the program costs with the
exception of courses offered by contract with the Department
of Corrections in correctional institutions. Base operating
grants shall be paid based on rates per funded semester
credit hour or equivalent calculated by the State Board for
funded instructional categories using cost of instruction,
enrollment, inflation, and other relevant factors. A portion
of the base operating grant shall be allocated on the basis
of non-residential gross square footage of space maintained
by the district.
Equalization grants shall be calculated by the State
Board by determining a local revenue factor for each district
by: (A) adding (1) each district's Corporate Personal
Property Replacement Fund allocations from the base fiscal
year or the average of the base fiscal year and prior year,
whichever is less, divided by the applicable statewide
average tax rate to (2) the district's most recently audited
year's equalized assessed valuation or the average of the
most recently audited year and prior year, whichever is less,
(B) then dividing by the district's audited full-time
equivalent resident students for the base fiscal year or the
average for the base fiscal year and the 2 prior fiscal
years, whichever is greater, and (C) then multiplying by the
applicable statewide average tax rate. The State Board shall
calculate a statewide weighted average threshold by applying
the same methodology to the totals of all districts'
Corporate Personal Property Tax Replacement Fund allocations,
equalized assessed valuations, and audited full-time
equivalent district resident students and multiplying by the
applicable statewide average tax rate. The difference
between the statewide weighted average threshold and the
local revenue factor, multiplied by the number of full-time
equivalent resident students, shall determine the amount of
equalization funding that each district is eligible to
receive. A percentage factor, as determined by the State
Board, may be applied to the statewide threshold as a method
for allocating equalization funding. A minimum equalization
grant of an amount per district as determined by the State
Board shall be established for any community college district
which qualifies for an equalization grant based upon the
preceding criteria, but becomes ineligible for equalization
funding, or would have received a grant of less than the
minimum equalization grant, due to threshold prorations
applied to reduce equalization funding. As of July 1, 1997,
community college districts must maintain a minimum required
in-district tuition rate per semester credit hour as
determined by the State Board. For each fiscal year between
July 1, 1997 and June 30, 2001, districts not meeting the
minimum required rate will be subject to a percent reduction
of equalization funding as determined by the State Board. As
of July 1, 2001, districts must meet the required minimum
in-district tuition rate to qualify for equalization funding.
The State Board shall distribute such other grants as may
be authorized or appropriated by the General Assembly.
Each community college district entitled to State grants
under this Section must submit a report of its enrollment to
the State Board not later than 30 days following the end of
each semester, quarter, or term in a format prescribed by the
State Board. These semester credit hours, or equivalent,
shall be certified by each district on forms provided by the
State Board. Each district's certified semester credit
hours, or equivalent, are subject to audit pursuant to
Section 3-22.1.
The State Board shall certify, prepare, and submit to the
State Comptroller during August, November, February, and May
of each fiscal year vouchers setting forth an amount equal to
25% of the grants approved by the State Board for base
operating grants and equalization grants. The State Board
shall prepare and submit to the State Comptroller vouchers
for payments of other grants as appropriated by the General
Assembly. If the amount appropriated for grants is different
from the amount provided for such grants under this Act, the
grants shall be proportionately reduced or increased
accordingly.
For the purposes of this Section, "resident student"
means a student in a community college district who maintains
residency in that district or meets other residency
definitions established by the State Board, and who was
enrolled either in one of the approved instructional program
categories in that district, or in another community college
district to which the resident's district is paying tuition
under Section 6-2 or with which the resident's district has
entered into a cooperative agreement in lieu of such tuition.
For the purposes of this Section, a "full-time
equivalent" student is equal to 30 semester credit hours.
The Illinois Community College Board Contracts and Grants
Fund is hereby created in the State Treasury. Items of
income to this fund shall include any grants, awards,
endowments, or like proceeds, and where appropriate, other
funds made available through contracts with governmental,
public, and private agencies or persons. The General
Assembly shall from time to time make appropriations payable
from such fund for the support, improvement, and expenses of
the State Board and Illinois community college districts.
(Source: P.A. 89-141, eff. 7-14-95; 89-281, eff. 8-10-95;
89-473, eff. 6-18-96; 89-626, eff. 8-9-96; 90-468, eff.
8-17-97; 90-486, eff. 8-17-97; 90-497, eff. 8-18-97; revised
11-17-97; 90SB1338eng.)
Section 50. The Illinois Public Aid Code is amended by
changing Sections 5A-8, 12-10, and 12-10.2 and adding Section
12-10.4 as follows:
(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
Sec. 5A-8. Hospital Provider Fund.
(a) There is created in the State Treasury the Hospital
Provider Fund. Interest earned by the Fund shall be credited
to the Fund. The Fund shall not be used to replace any
moneys appropriated to the Medicaid program by the General
Assembly.
(b) The Fund is created for the purpose of receiving
moneys in accordance with Section 5A-6 and disbursing moneys
as follows:
(1) For hospital inpatient care, hospital
ambulatory care, and disproportionate share hospital
distributive expenditures made under Title XIX of the
Social Security Act and Article V of this Code.
(2) For the reimbursement of moneys collected by
the Illinois Department from hospitals through error or
mistake and for making required payments under Section
14-9 of this Code if there are no moneys available for
those payments in the Hospital Services Trust Fund.
(3) For payment of administrative expenses incurred
by the Illinois Department or its agent in performing the
activities authorized by this Article.
(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.
(5) For making transfers to the General Obligation
Bond Retirement and Interest Fund, 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 the 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 the following:
(1) All moneys collected or received by the
Illinois Department from the hospital provider assessment
imposed by this Article.
(2) All federal matching funds received by the
Illinois Department as a result of expenditures made by
the Illinois Department that are attributable to moneys
deposited in the Fund.
(3) Any interest or penalty levied in conjunction
with the administration of this Article.
(4) Any balance in the Hospital Services Trust Fund
in the State Treasury. The balance shall be transferred
to the Fund upon certification by the Illinois Department
to the State Comptroller that all of the disbursements
required by Section 14-2(b) of this Code have been made.
(5) All other moneys received for the Fund from any
other source, including interest earned thereon.
(d) The Fund shall cease to exist on October 1, 1999.
Any balance in the Fund as of that date shall be transferred
to the General Revenue Fund. Any moneys that otherwise would
be paid into the Fund on or after that date shall be
deposited into the General Revenue Fund. Any disbursements
on or after that date that otherwise would be made from the
Fund may be appropriated by the General Assembly from the
General Revenue Fund.
(Source: P.A. 89-626, eff. 8-9-96.)
(305 ILCS 5/12-10) (from Ch. 23, par. 12-10)
Sec. 12-10. Special Purposes Trust Fund; uses. The
Special Purposes Trust Fund, held outside the State Treasury
by the State Treasurer as ex-officio custodian, shall consist
of (1) any Federal Grants received under Section 12-4.6 that
are not required by Section 12-5 to be paid into the General
Revenue Fund or transferred into the Local Initiative Fund
under Section 12-10.1 or deposited in the Employment and
Training Fund under Section 12-10.3 or in the special account
established and maintained in that Fund as provided in that
Section; (2) grants, gifts or legacies of moneys or
securities received under Section 12-4.18; and (3) grants
received under Section 12-4.19; and (4) funds for child care
and development services. Disbursements from this Fund shall
be only for the purposes authorized by the aforementioned
Sections.
Disbursements from this Fund shall be by warrants drawn
by the State Comptroller on receipt of vouchers duly executed
and certified by the Illinois Department, including payment
to the Health Insurance Reserve Fund for group insurance
costs at the rate certified by the Department of Central
Management Services.
All federal monies received as reimbursement for
expenditures from the General Revenue Fund, and which were
made for the purposes authorized for expenditures from the
Special Purposes Trust Fund, shall be deposited by the
Department into the General Revenue Fund.
(Source: P.A. 87-860.)
(305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
Sec. 12-10.2. The Child Support Enforcement Trust Fund,
to be held by the State Treasurer as ex-officio custodian
outside the State Treasury, pursuant to the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, shall consist of (1) all support payments
received by the Illinois Department under Sections 10-8,
10-10, 10-16 and 10-19 that are required by such Sections to
be paid into the Child Support Enforcement Trust Fund, and
(2) all federal grants received by the Illinois Department
funded by Title IV-D of the Social Security Act, except those
federal funds received under the Title IV-D program as
reimbursement for expenditures from the General Revenue Fund,
and (3) incentive payments received by the Illinois
Department from other states or political subdivisions of
other states for the enforcement and collection by the
Department of an assigned child support obligation in behalf
of such other states or their political subdivisions pursuant
to the provisions of Title IV-D of the Social Security Act,
and (4) incentive payments retained by the Illinois
Department from the amounts which otherwise would be paid to
the Federal government to reimburse the Federal government's
share of the support collection for the Department's
enforcement and collection of an assigned support obligation
on behalf of the State of Illinois pursuant to the provisions
of Title IV-D of the Social Security Act, and (5) all fees
charged by the Department for child support enforcement
services, as authorized under Title IV-D of the Social
Security Act and Section 10-1 of this Code, and any other
fees, costs, fines, recoveries, or penalties provided for by
State or federal law and received by the Department under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, and (6) all amounts appropriated
by the General Assembly for deposit into the Fund.
Disbursements from this Fund shall be only for the
following purposes: (1) for the reimbursement of funds
received by the Illinois Department through error or mistake,
and (2) for payments to non-recipients, current recipients
and former recipients of financial aid of support payments
received on their behalf under Article X of this Code,
pursuant to the provisions of Title IV-D of the Social
Security Act and rules promulgated by the Department, and (3)
for payment of any administrative expenses, including payment
to the Health Insurance Reserve Fund for group insurance
costs at the rate certified by the Department of Central
Management Services, except those required to be paid from
the General Revenue Fund, including personal and contractual
services, incurred in performing the Title IV-D activities
authorized by Article X of this Code, and (4) for the
reimbursement of the Public Assistance Emergency Revolving
Fund for expenditures made from that Fund for payments to
former recipients of public aid for child support made to the
Illinois Department when the former public aid recipient is
legally entitled to all or part of the child support
payments, pursuant to the provisions of Title IV-D of the
Social Security Act, and (5) for the payment of incentive
amounts owed to other states or political subdivisions of
other states that enforce and collect an assigned support
obligation on behalf of the State of Illinois pursuant to the
provisions of Title IV-D of the Social Security Act, and (6)
for the payment of incentive amounts owed to political
subdivisions of the State of Illinois that enforce and
collect an assigned support obligation on behalf of the State
pursuant to the provisions of Title IV-D of the Social
Security Act, and (7) for payments of any amounts which are
reimbursable to the Federal government which are required to
be paid by State warrant by either the State or Federal
government. Disbursements from this Fund shall be by warrants
drawn by the State Comptroller on receipt of vouchers duly
executed and certified by the Illinois Department or any
other State agency that receives an appropriation from the
Fund.
The balance in this Fund on the first day of each
calendar quarter, after payment therefrom of any amounts
reimbursable to the Federal government, and minus the amount
reasonably anticipated to be needed to make disbursements
during the quarter authorized by this Section, shall be
certified by the Director of the Illinois Department and
transferred by the State Comptroller to the General Revenue
Fund in the State Treasury within 30 days of the first day of
each calendar quarter.
The balance transferred to the General Revenue Fund for
any fiscal year shall be not less than ten percent of the
total support payments received, and retained pursuant to the
provisions of Title IV-D of the Social Security Act, on
behalf of persons receiving financial assistance under
Article IV of this Code which were required to be deposited
to this Fund during that fiscal year. The above described
payments received and retained shall include the State and
Federal share of such payments.
(Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96;
90-18, eff. 7-1-97.)
(305 ILCS 5/12-10.4 new)
Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid
Matching Fund. There is created in the State Treasury the
Juvenile Rehabilitation Services Medicaid Matching Fund.
Deposits to this Fund shall consist of all moneys received
from the federal government for behavioral health services
secured by counties under the Medicaid Rehabilitation Option
for minors who are committed to mental health facilities by
the Illinois court system.
Disbursements from the Fund shall be made, subject to
appropriation, by the Illinois Department of Public Aid for
grants to those counties which secure behavioral health
services ordered by the courts and which have an interagency
agreement with the Department and submit detailed bills
according to standards determined by the Department.
Section 55. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 2, 2.1, 4, 6,
6.4, and 7 as follows:
(410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
Sec. 2. Hospitals to furnish emergency service. Every
hospital required to be licensed by the Department of Public
Health pursuant to the Hospital Licensing Act, approved July
1, 1953, as now or hereafter amended, which provides general
medical and surgical hospital services shall provide
emergency hospital service, in accordance with rules and
regulations adopted by the Department of Public Health Human
Services, to all alleged sexual assault survivors who apply
for such hospital emergency services in relation to injuries
or trauma resulting from the sexual assault.
In addition every such hospital, regardless of whether or
not a request is made for reimbursement, except hospitals
participating in community or area wide plans in compliance
with Section 4 of this Act, shall submit to the Department of
Public Health Human Services a plan to provide hospital
emergency services to alleged sexual assault survivors which
shall be made available by such hospital. Such plan shall be
submitted within 60 days of receipt of the Department's
request for this plan, to the Department of Public Health
Human Services for approval prior to such plan becoming
effective. The Department of Public Health Human Services
shall approve such plan for emergency service to alleged
sexual assault survivors if it finds that the implementation
of the proposed plan would provide adequate hospital
emergency service for alleged sexual assault survivors.
The Department of Public Health Human Services shall
periodically conduct on site reviews of such approved plans
with hospital personnel to insure that the established
procedures are being followed.
(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
Sec. 2.1. Plans of correction - Penalties for failure to
implement such plans. If the Department of Public Health
surveyor determines that the hospital is not in compliance
with its approved plan, the surveyor shall provide the
hospital with a written list of the specific items of
noncompliance within 2 weeks of the conclusion of the on site
review. The hospital shall have 14 working days to submit to
the Department of Public Health a plan of correction which
contains the hospital's specific proposals for correcting the
items of noncompliance. The Department of Public Health
shall review the plan of correction and notify the hospital
in writing as to whether the plan is acceptable or
nonacceptable.
If the Department of Public Health finds the Plan of
Correction nonacceptable, the hospital shall have 7 working
days to resubmit an acceptable Plan of Correction. Upon
notification that its Plan of Correction is acceptable, a
hospital shall implement the Plan of Correction within 60
days.
The failure to submit an acceptable Plan of Correction or
to implement the Plan of Correction, within the time frames
required in this Section, will subject a hospital to the
imposition of a fine by the Department of Public Health. The
Department of Public Health may impose a fine of up to
$100.00 per day until a hospital complies with the
requirements of this Section.
Before imposing a fine pursuant to this Section, the
Department of Public Health shall provide the hospital via
certified mail with written notice and an opportunity for an
administrative hearing. Such hearing must be requested
within 10 working days of receipt of the Department of Public
Health's Department's Notice. All hearings shall be
conducted in accordance with the Department of Public
Health's Department's rules in administrative hearings.
(Source: P.A. 85-577.)
(410 ILCS 70/4) (from Ch. 111 1/2, par. 87-4)
Sec. 4. Community or area wide plans; submission to
Department of Public Health. Community or areawide plans may
be developed by the hospitals or other health care facilities
in the community or area to be served, and shall provide for
the hospital emergency services to alleged sexual assault
survivors which shall be made available by each of the
participating hospitals. All such plans shall be submitted to
the Department of Public Health Human Services for approval
prior to such plan becoming effective. The Department of
Public Health Human Services shall approve such plan for
community or areawide hospital emergency service to alleged
sexual assault survivors if it finds that the implementation
of the proposed plan would provide an adequate hospital
emergency service for the people of the community or area to
be served.
(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 70/6) (from Ch. 111 1/2, par. 87-6)
Sec. 6. Powers and duties of Departments of Public
Health and Public Aid Department of Human Services.
(a) The Department of Public Health Human Services shall
have the duties and responsibilities required by Sections
Section 2, and Sections 6.1, 6.2, and through 6.4.
(b) The Department of Public Aid shall have the duties
and responsibilities required by Sections 6.3 and 7.
(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
Sec. 6.4. Sexual assault evidence collection program.
(a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be
administered by the Illinois State Police. The program shall
consist of the following: (1) distribution of sexual assault
evidence collection kits which have been approved by the
Illinois State Police to hospitals that request them, or
arranging for such distribution by the manufacturer of the
kits, (2) collection of the kits from hospitals after the
kits have been used to collect evidence, (3) analysis of the
collected evidence and conducting of laboratory tests, and
(4) maintaining the chain of custody and safekeeping of the
evidence for use in a legal proceeding. The standardized
evidence collection kit for the State of Illinois shall be
the State Police Evidence Collection Kit, also known as
"S.P.E.C.K.". A sexual assault evidence collection kit may
not be released by a hospital without the written consent of
the sexual assault survivor or, in the case of a minor, the
written consent of the minor's parent or legal guardian.
(b) The Illinois State Police shall administer a program
to train hospitals and hospital personnel participating in
the sexual assault evidence collection program, in the
correct use and application of the sexual assault evidence
collection kits. The Department of Public Health Human
Services shall cooperate with the Illinois State Police in
this program as it pertains to medical aspects of the
evidence collection.
(Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97.)
(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
Sec. 7. Hospital charges and reimbursement. When any
hospital or ambulance provider furnishes emergency services
to any alleged sexual assault survivor, as defined by the
Department of Public Aid Human Services pursuant to Section
6.3 of this Act, who is neither eligible to receive such
services under the Illinois Public Aid Code nor covered as to
such services by a policy of insurance, the hospital and
ambulance provider shall furnish such services to that person
without charge and shall be entitled to be reimbursed for its
billed charges in providing such services by the Department
of Public Aid Human Services.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 60. The Hemophilia Care Act is amended by
changing the title of the Act and Sections 1, 3, and 4 and by
adding Section 3.5 as follows:
(410 ILCS 420/Act title)
An Act establishing in the Illinois Department of Public
Aid Human Services a program for the care of persons
suffering from hemophilia, establishing a Hemophilia Advisory
Committee and designating powers and duties in relation
thereto.
(410 ILCS 420/1) (from Ch. 111 1/2, par. 2901)
Sec. 1. Definitions. As used in this Act, unless the
context clearly requires otherwise:
(1) "Department" means the Illinois Department of Public
Aid Human Services.
(1.5) "Director" "Secretary" means the Director of
Public Aid Secretary of Human Services.
(2) (Blank).
(3) "Hemophilia" means a bleeding tendency resulting
from a genetically determined deficiency in the blood.
(4) "Committee" means the Hemophilia Advisory Committee
created under this Act.
(5) "Eligible person" means any resident of the State
suffering from hemophilia.
(6) "Family" means:
(a) In the case of a patient who is a dependent of
another person or couple as defined by the Illinois
Income Tax Act, all those persons for whom exemption is
claimed in the State income tax return of the person or
couple whose dependent the eligible person is, and
(b) In all other cases, all those persons for whom
exemption is claimed in the State income tax return of
the eligible person, or of the eligible person and his
spouse.
(7) "Eligible cost of hemophilia services" means the
cost of blood transfusions, blood derivatives, and for
outpatient services, of physician charges, medical supplies,
and appliances, used in the treatment of eligible persons for
hemophilia, plus one half of the cost of hospital inpatient
care, minus any amount of such cost which is eligible for
payment or reimbursement by any hospital or medical insurance
program, by any other government medical or financial
assistance program, or by any charitable assistance program.
(8) "Gross income" means the base income for State
income tax purposes of all members of the family.
(9) "Available family income" means the lesser of:
(a) Gross income minus the sum of (1) $5,500, and
(2) $3,500 times the number of persons in the family, or
(b) One half of gross income.
(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 420/3) (from Ch. 111 1/2, par. 2903)
Sec. 3. The powers and duties of the Department shall
include the following:
(1) With the advice and counsel of the Committee,
develop standards for determining eligibility for care and
treatment under this program. Among other standards
developed under this Section, persons suffering from
hemophilia must be evaluated in a center properly staffed and
equipped for such evaluation, but not operated by the
Department.
(2) (Blank). Assist in the development and expansion of
programs for the care and treatment of persons suffering from
hemophilia, including self-administration, prevention, home
care and other medical, dental, and surgical procedures and
techniques designed to provide maximum control over bleeding
episodes typical of this condition.
(3) Extend financial assistance to eligible persons in
order that they may obtain blood and blood derivatives for
use in hospitals, in medical and dental facilities, or at
home. The Department shall extend financial assistance in
each fiscal year to each family containing one or more
eligible persons in the amount of (a) the family's eligible
cost of hemophilia services for that fiscal year, minus (b)
one fifth of its available family income for its next
preceding taxable year. The Director Secretary may extend
financial assistance in the case of unusual hardships,
according to specific procedures and conditions adopted for
this purpose in the rules and regulations promulgated by the
Department to implement and administer this Act.
(4) (Blank). Institute and carry on an educational
program among physicians, hospitals, public health
departments, and the public concerning hemophilia, including
dissemination of information and the conducting of
educational programs concerning the prevention of hemophilia
and the methods for the care and treatment of persons
suffering from this disease.
(5) Promulgate rules and regulations with the advice and
counsel of the Committee for the implementation and
administration of this Act.
(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 420/3.5 new)
Sec. 3.5. Assistance by Department of Public Health.
(a) The Department of Public Health shall assist in the
development and expansion of programs for the care and
treatment of persons suffering from hemophilia, including
self-administration, prevention, home care, and other
medical, dental, and surgical procedures and techniques
designed to provide maximum control over bleeding episodes
typical of this condition.
(b) The Department of Public Health shall institute and
carry on an educational program among physicians, hospitals,
public health departments, and the public concerning
hemophilia, including dissemination of information and the
conducting of educational programs concerning the prevention
of hemophilia and the methods available for the care and
treatment of persons suffering from this disease.
(410 ILCS 420/4) (from Ch. 111 1/2, par. 2904)
Sec. 4. The Director Secretary shall appoint a
Hemophilia Advisory Committee to advise and consult with the
Department in the administration of this Act. The Committee
shall meet on call of the Chairman not less than twice
annually. A report shall be given to the Committee from the
Director Secretary semiannually, detailing plans and
activities of the Department under this Act. The Committee
shall consist of the Director Secretary as Chairman
ex-officio and 8 members, selected as follows:
(1) Two eligible persons, as defined in Section 1 of
this Act, or members of an organization representing eligible
persons;
(2) Two medical specialists in hemophilia patient care;
and
(3) Four members of the general public other than
persons identified in (1) and (2).
The terms of members of the Committee shall be 4 years
except that, of those members initially appointed to the
Committee, one of those appointed from each constituency
group shall serve for a term of 4 years, and one shall serve
for a term of 2 years. The length of terms of initial
appointees shall be determined by lot from among members of
each constituency group at the Committee's first meeting. In
the event that a vacancy occurs on the Committee, the
Director Secretary shall within 60 days appoint a new member
to complete the unexpired portion of the term. No member may
be succeeded other than by another representative of the same
constituency group.
The initial members shall be appointed by the Secretary
by October 15, 1977, and shall take office on November 1,
1977. Thereafter, on or before October 15 of each odd
numbered year, the Director Secretary shall appoint 4 members
as necessary to maintain an 8 member Committee, whose terms
shall commence on November 1 of the year in which they are
appointed.
Members of the Committee shall receive no compensation,
but shall be reimbursed for actual expenses incurred in
carrying out their duties.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 65. The Renal Disease Treatment Act is amended
by changing the title of the Act and Sections 1, 2, 3, and
3.01 as follows:
(410 ILCS 430/Act title)
An Act to establish in the Department of Public Aid Human
Services a program for the care of persons suffering from
chronic renal diseases, designating powers and duties in
relation thereto, and making an appropriation therefor.
(410 ILCS 430/1) (from Ch. 111 1/2, par. 22.31)
Sec. 1. The Department of Public Aid Human Services shall
establish a program for the care and treatment of persons
suffering from chronic renal diseases. This program shall
assist persons suffering from chronic renal diseases who
require lifesaving care and treatment for such renal disease,
but who are unable to pay for such services on a continuing
basis.
(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 430/2) (from Ch. 111 1/2, par. 22.32)
Sec. 2. The Director Secretary of Public Aid Human
Services shall appoint a Renal Disease Advisory Committee to
consult with the Department in the administration of this
Act. The Committee shall be composed of 15 persons
representing hospitals and medical schools which establish
dialysis centers or kidney transplant programs, voluntary
agencies interested in kidney diseases, physicians licensed
to practice medicine in all of its branches, and the general
public. Each member shall hold office for a term of 4 years
and until his successor is appointed and qualified, except
that the terms of the members appointed pursuant to Public
Act 78-538 shall expire as designated at the time of
appointment, 1 at the end of the first year, 1 at the end of
the second year, 1 at the end of the third year, and 1 at the
end of the fourth year, after the date of appointment. Any
person appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term.
The Committee shall meet as frequently as the Director
Secretary of Public Aid Human Services deems necessary, but
not less than once each year. The Committee members shall
receive no compensation but shall be reimbursed for actual
expenses incurred in carrying out their duties as members of
this Committee.
(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 430/3) (from Ch. 111 1/2, par. 22.33)
Sec. 3. Duties of Departments of Public Aid and Public
Health.
(A) The Department of Public Aid Human Services shall:
(a) With the advice of the Renal Disease Advisory
Committee, develop standards for determining eligibility
for care and treatment under this program. Among other
standards so developed under this paragraph, candidates,
to be eligible for care and treatment, must be evaluated
in a center properly staffed and equipped for such
evaluation.
(b) (Blank). Assist in the development and
expansion of programs for the care and treatment of
persons suffering from chronic renal diseases, including
dialysis and other medical or surgical procedures and
techniques which will have a lifesaving effect in the
care and treatment of persons suffering from these
diseases.
(c) (Blank). Assist in the development of programs
for the prevention of chronic renal diseases.
(d) Extend financial assistance to persons
suffering from chronic renal diseases in obtaining the
medical, surgical, nursing, pharmaceutical, and technical
services necessary in caring for such diseases, including
the renting of home dialysis equipment. The Renal Disease
Advisory Committee shall recommend to the Department the
extent of financial assistance, including the reasonable
charges and fees, for:
(1) Treatment in a dialysis facility;
(2) Hospital treatment for dialysis and
transplant surgery;
(3) Treatment in a limited care facility;
(4) Home dialysis training; and
(5) Home dialysis.
(e) Assist in equipping dialysis centers.
(B) The Department of Public Health shall:
(a) Assist in the development and expansion of
programs for the care and treatment of persons suffering
from chronic renal diseases, including dialysis and
other medical or surgical procedures and techniques that
will have a lifesaving effect in the care and treatment
of persons suffering from these diseases.
(b) Assist in the development of programs for the
prevention of chronic renal diseases.
(c) (f) Institute and carry on an educational
program among physicians, hospitals, public health
departments, and the public concerning chronic renal
diseases, including the dissemination of information and
the conducting of educational programs concerning the
prevention of chronic renal diseases and the methods for
the care and treatment of persons suffering from these
diseases.
(Source: P.A. 89-507, eff. 7-1-97.)
(410 ILCS 430/3.01) (from Ch. 111 1/2, par. 22.33.01)
Sec. 3.01. The provisions of the Illinois Administrative
Procedure Act are hereby expressly adopted and shall apply to
all administrative rules and procedures of the Department of
Public Aid Human Services under this Act, except that Section
5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of
any rule required by federal law in connection with which the
Department is precluded by law from exercising any
discretion.
(Source: P.A. 88-45; 89-507, eff. 7-1-97.)
Section 70. The Unified Code of Corrections is amended
by changing Section 3-4-1 as follows:
(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
Sec. 3-4-1. Gifts and Grants; Special Trusts Funds;
Department of Corrections Reimbursement and Education Fund.
(a) The Department may accept, receive and use, for and
in behalf of the State, any moneys, goods or services given
for general purposes of this Code by the federal government
or from any other source, public or private, including
collections from inmates, reimbursement of payments under the
Workers' Compensation Act, and commissions from inmate
collect call telephone systems under an agreement with the
Department of Central Management Services. For these
purposes the Department may comply with such conditions and
enter into such agreements upon such covenants, terms, and
conditions as the Department may deem necessary or desirable,
if the agreement is not in conflict with State law.
(b) On July 1, 1998, the Department of Corrections
Reimbursement Fund and the Department of Corrections
Education Fund shall be combined into a single fund to be
known as the Department of Corrections Reimbursement and
Education Fund, which is hereby created as a special fund in
the State Treasury. The moneys deposited into the Department
of Corrections Reimbursement and Education Fund shall be
appropriated to the Department of Corrections for the
expenses of the Department.
The following shall be deposited into the Department of
Corrections Reimbursement and Education Fund:
(i) Moneys received or recovered by the Department
of Corrections as reimbursement for expenses incurred for
the incarceration of committed convicted persons.
(ii) Moneys received or recovered by the Department
as reimbursement of payments made under the Workers'
Compensation Act.
(iii) Moneys received by the Department as
commissions from inmate collect call telephone systems.
(iv) Moneys received or recovered by the Department
as reimbursement for expenses incurred by the employment
of persons referred to the Department as participants in
the federal Job Training Partnership Act programs.
(v) Federal moneys, including reimbursement and
advances for services rendered or to be rendered and
moneys for other than educational purposes, under grant
or contract.
(vi) Moneys identified for deposit into the Fund
under Section 13-44.4 of the School Code.
(vii) Moneys in the Department of Corrections
Reimbursement Fund and the Department of Corrections
Education Fund at the close of business on June 30, 1998.
(Source: P.A. 90-9, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect July
1, 1998, except that this Section and the changes to Sec.
12-10.2 of the Illinois Public Aid Code take effect upon
becoming law.