Public Act 90-0014 of the 90th General Assembly
Public Act 90-0014
HB1269 Enrolled LRB9001000EGfg
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1
GENERAL PROVISIONS
Section 1-1. This Act may be cited as the First 1997
General Revisory Act.
Section 1-2. This Act is not intended to make any
substantive change in the law. It reconciles conflicts that
have arisen from multiple amendments and enactments and makes
technical corrections and revisions in the law.
In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that
Section. The text of the Section included in this Act is
intended to include the different versions of the Section
found in the Public Acts included in the list of sources, but
may not include other versions of the Section to be found in
Public Acts not included in the list of sources. The list of
sources is not a part of the text of the Section.
Section 1-3. This Act is divided into the following
Articles:
ARTICLE 1. General Provisions.
ARTICLE 2. Combining Revisories.
ARTICLE 3. Technical Corrections.
ARTICLE 4. Effective Date and Nonacceleration.
ARTICLE 2
COMBINING REVISORIES
Section 2-1. This Article revises and, where appropriate,
renumbers certain Sections that have been added or amended by
more than one Public Act. This Article also corrects errors,
revises cross-references, and deletes obsolete text in those
Sections. Public Acts 89-443 through 89-707 were considered
in the preparation of this Article.
(5 ILCS 80/4.8a rep.)
Section 2-5. The Regulatory Agency Sunset Act is amended
by repealing Section 4.8a.
Section 2-10. The Regulatory Agency Sunset Act is
amended by changing Section 4.9 as follows:
(5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
Sec. 4.9. The following Acts are repealed December 31,
1997:
The Podiatric Medical Practice Act of 1987.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Clinical Social Work and Social Work Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 89-702, eff. 7-1-97; 89-706, eff. 1-31-97;
revised 2-7-97.)
Section 2-15. The Illinois Public Labor Relations Act is
amended by changing Section 3 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" or "Governing Board" means either the
Illinois State Labor Relations Board or the Illinois Local
Labor Relations Board.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in
the regular course of his or her duties, assists and acts in
a confidential capacity to persons who formulate, determine,
and effectuate management policies with regard to labor
relations or who, in the regular course of his or her duties,
has authorized access to information relating to the
effectuation or review of the employer's collective
bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State
Police, means the labor organization that has been (i)
designated by the Board as the representative of a majority
of public employees in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before July 1, 1984 (the
effective date of this Act) as the exclusive representative
of the employees in an appropriate bargaining unit, or (iii)
after July 1, 1984 (the effective date of this Act)
recognized by an employer upon evidence, acceptable to the
Board, that the labor organization has been designated as the
exclusive representative by a majority of the employees in an
appropriate bargaining unit.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the
Department of State Police, "exclusive representative" means
the labor organization that has been (i) designated by the
Board as the representative of a majority of peace officers
or fire fighters in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before January 1, 1986
(the effective date of this amendatory Act of 1985) as the
exclusive representative by a majority of the peace officers
or fire fighters in an appropriate bargaining unit, or (iii)
after January 1, 1986 (the effective date of this amendatory
Act of 1985) recognized by an employer upon evidence,
acceptable to the Board, that the labor organization has been
designated as the exclusive representative by a majority of
the peace officers or fire fighters in an appropriate
bargaining unit.
(g) "Fair share agreement" means an agreement between
the employer and an employee organization under which all or
any of the employees in a collective bargaining unit are
required to pay their proportionate share of the costs of the
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call
fire fighters, clerks and dispatchers or other civilian
employees of a fire department or fire protection district
who are not routinely expected to perform fire fighter
duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the
Constitution of the State of Illinois, and includes but is
not limited to the House of Representatives, the Senate, the
Speaker of the House of Representatives, the Minority Leader
of the House of Representatives, the President of the Senate,
the Minority Leader of the Senate, the Joint Committee on
Legislative Support Services and any legislative support
services agency listed in the Legislative Commission
Reorganization Act of 1984.
(h) "Governing body" means, in the case of the State,
the State Labor Relations Board, the Director of the
Department of Central Management Services, and the Director
of the Department of Labor; the county board in the case of a
county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit
of government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to
a police force, department, or agency and sworn or
commissioned to perform police duties, except that the
following persons are not included: part-time police
officers, special police officers, auxiliary police as
defined by Section 3.1-30-20 of the Illinois Municipal Code,
night watchmen, "merchant police", court security officers as
defined by Section 3-6012.1 of the Counties Code, temporary
employees, traffic guards or wardens, civilian parking meter
and parking facilities personnel or other individuals
specially appointed to aid or direct traffic at or near
schools or public functions or to aid in civil defense or
disaster, parking enforcement employees who are not
commissioned as peace officers and who are not armed and who
are not routinely expected to effect arrests, parking lot
attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely
expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged
in work predominantly intellectual and varied in character
rather than routine mental, manual, mechanical or physical
work; involving the consistent exercise of discretion and
adjustment in its performance; of such a character that the
output produced or the result accomplished cannot be
standardized in relation to a given period of time; and
requiring advanced knowledge in a field of science or
learning customarily acquired by a prolonged course of
specialized intellectual instruction and study in an
institution of higher learning or a hospital, as
distinguished from a general academic education or from
apprenticeship or from training in the performance of routine
mental, manual, or physical processes; or any employee who
has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and
is performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including interns and residents at public hospitals, but
excluding all of the following: employees of the General
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; employees of any agency, board or commission
created by this Act; employees appointed to State positions
of a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state
university; managerial employees; short-term employees;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000
inhabitants shall be excluded from this Act.
(o) "Public employer" or "employer" means the State of
Illinois; any political subdivision of the State, unit of
local government or school district; authorities including
departments, divisions, bureaus, boards, commissions, or
other agencies of the foregoing entities; and any person
acting within the scope of his or her authority, express or
implied, on behalf of those entities in dealing with its
employees. "Public employer" or "employer" as used in this
Act, however, does not mean and shall not include the General
Assembly of the State of Illinois and educational employers
or employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers. County
boards and county sheriffs shall be designated as joint or
co-employers of county peace officers appointed under the
authority of a county sheriff. Nothing in this subsection
(o) shall be construed to prevent the State Board or the
Local Board from determining that employers are joint or
co-employers.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the
majority of employees being responsible for the supervision
and control of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less that 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(r) "Supervisor" is an employee whose principal work is
substantially different from that of his or her subordinates
and who has authority, in the interest of the employer, to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely routine
or clerical nature, but requires the consistent use of
independent judgment. Except with respect to police
employment, the term "supervisor" includes only those
individuals who devote a preponderance of their employment
time to exercising that authority, State supervisors
notwithstanding. In addition, in determining supervisory
status in police employment, rank shall not be determinative.
The Board shall consider, as evidence of bargaining unit
inclusion or exclusion, the common law enforcement policies
and relationships between police officer ranks and
certification under applicable civil service law, ordinances,
personnel codes, or Division 2.1 of Article 10 of the
Illinois Municipal Code, but these factors shall not be the
sole or predominant factors considered by the Board in
determining police supervisory status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire fighter
employment, no fire fighter shall be excluded as a supervisor
who has established representation rights under Section 9 of
this Act. Further, in new fire fighter units, employees
shall consist of fire fighters of the rank of company officer
and below. If a company officer otherwise qualifies as a
supervisor under the preceding paragraph, however, he or she
shall not be included in the fire fighter unit. If there is
no rank between that of chief and the highest company
officer, the employer may designate a position on each shift
as a Shift Commander, and the persons occupying those
positions shall be supervisors. All other ranks above that
of company officer shall be supervisors.
(s) (1) "Unit" means a class of jobs or positions that
are held by employees whose collective interests may suitably
be represented by a labor organization for collective
bargaining. Except with respect to non-State fire fighters
and paramedics employed by fire departments and fire
protection districts, non-State peace officers, and peace
officers in the Department of State Police, a bargaining unit
determined by the Board shall not include both employees and
supervisors, or supervisors only, except as provided in
paragraph (2) of this subsection (s) and except for
bargaining units in existence on July 1, 1984 (the effective
date of this Act). With respect to non-State fire fighters
and paramedics employed by fire departments and fire
protection districts, non-State peace officers, and peace
officers in the Department of State Police, a bargaining unit
determined by the Board shall not include both supervisors
and nonsupervisors, or supervisors only, except as provided
in paragraph (2) of this subsection (s) and except for
bargaining units in existence on January 1, 1986 (the
effective date of this amendatory Act of 1985). A bargaining
unit determined by the Board to contain peace officers shall
contain no employees other than peace officers unless
otherwise agreed to by the employer and the labor
organization or labor organizations involved.
Notwithstanding any other provision of this Act, a bargaining
unit, including a historical bargaining unit, containing
sworn peace officers of the Department of Natural Resources
(formerly designated the Department of Conservation) shall
contain no employees other than such sworn peace officers
upon the effective date of this amendatory Act of 1990 or
upon the expiration date of any collective bargaining
agreement in effect upon the effective date of this
amendatory Act of 1990 covering both such sworn peace
officers and other employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may
bargain with those units. This Act shall apply if the public
employer chooses to bargain under this subsection.
(Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
6-1-97; revised 1-14-97.)
Section 2-20. The State Employees Group Insurance Act of
1971 is amended by changing Section 3 and by setting forth,
amending, and renumbering multiple versions of Section 6.7 as
follows:
(5 ILCS 375/3) (from Ch. 127, par. 523)
Sec. 3. Definitions. Unless the context otherwise
requires, the following words and phrases as used in this Act
shall have the following meanings. The Department may define
these and other words and phrases separately for the purpose
of implementing specific programs providing benefits under
this Act.
(a) "Administrative service organization" means any
person, firm or corporation experienced in the handling of
claims which is fully qualified, financially sound and
capable of meeting the service requirements of a contract of
administration executed with the Department.
(b) "Annuitant" means (1) an employee who retires, or
has retired, on or after January 1, 1966 on an immediate
annuity under the provisions of Articles 2, 14, 15 (including
an employee who has retired and is receiving a retirement
annuity under an optional program established under Section
15-158.2 and who would also be eligible for a retirement
annuity had that person been a participant in the State
University Retirement System), paragraphs (b) or (c) of
Section 16-106, or Article 18 of the Illinois Pension Code;
(2) any person who was receiving group insurance coverage
under this Act as of March 31, 1978 by reason of his status
as an annuitant, even though the annuity in relation to which
such coverage was provided is a proportional annuity based on
less than the minimum period of service required for a
retirement annuity in the system involved; (3) any person not
otherwise covered by this Act who has retired as a
participating member under Article 2 of the Illinois Pension
Code but is ineligible for the retirement annuity under
Section 2-119 of the Illinois Pension Code; (4) the spouse of
any person who is receiving a retirement annuity under
Article 18 of the Illinois Pension Code and who is covered
under a group health insurance program sponsored by a
governmental employer other than the State of Illinois and
who has irrevocably elected to waive his or her coverage
under this Act and to have his or her spouse considered as
the "annuitant" under this Act and not as a "dependent"; or
(5) an employee who retires, or has retired, from a qualified
position, as determined according to rules promulgated by the
Director, under a qualified local government or a qualified
rehabilitation facility or a qualified domestic violence
shelter or service. (For definition of "retired employee",
see (p) post).
(c) "Carrier" means (1) an insurance company, a
corporation organized under the Limited Health Service
Organization Act or the Voluntary Health Services Plan Act, a
partnership, or other nongovernmental organization, which is
authorized to do group life or group health insurance
business in Illinois, or (2) the State of Illinois as a
self-insurer.
(d) "Compensation" means salary or wages payable on a
regular payroll by the State Treasurer on a warrant of the
State Comptroller out of any State, trust or federal fund, or
by the Governor of the State through a disbursing officer of
the State out of a trust or out of federal funds, or by any
Department out of State, trust, federal or other funds held
by the State Treasurer or the Department, to any person for
personal services currently performed, and ordinary or
accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
an optional program established under Section 15-158.2),
paragraphs (b) or (c) of Section 16-106, or Article 18 of the
Illinois Pension Code, for disability incurred after January
1, 1966, or benefits payable under the Workers' Compensation
or Occupational Diseases Act or benefits payable under a sick
pay plan established in accordance with Section 36 of the
State Finance Act. "Compensation" also means salary or wages
paid to an employee of any qualified local government or
qualified rehabilitation facility or a qualified domestic
violence shelter or service.
(e) "Commission" means the State Employees Group
Insurance Advisory Commission authorized by this Act.
Commencing July 1, 1984, "Commission" as used in this Act
means the Illinois Economic and Fiscal Commission as
established by the Legislative Commission Reorganization Act
of 1984.
(f) "Contributory", when referred to as contributory
coverage, shall mean optional coverages or benefits elected
by the member toward the cost of which such member makes
contribution, or which are funded in whole or in part through
the acceptance of a reduction in earnings or the foregoing of
an increase in earnings by an employee, as distinguished from
noncontributory coverage or benefits which are paid entirely
by the State of Illinois without reduction of the member's
salary.
(g) "Department" means any department, institution,
board, commission, officer, court or any agency of the State
government receiving appropriations and having power to
certify payrolls to the Comptroller authorizing payments of
salary and wages against such appropriations as are made by
the General Assembly from any State fund, or against trust
funds held by the State Treasurer and includes boards of
trustees of the retirement systems created by Articles 2, 14,
15, 16 and 18 of the Illinois Pension Code. "Department"
also includes the Illinois Comprehensive Health Insurance
Board and the Illinois Rural Bond Bank.
(h) "Dependent", when the term is used in the context of
the health and life plan, means a member's spouse and any
unmarried child (1) from birth to age 19 including an adopted
child, a child who lives with the member from the time of the
filing of a petition for adoption until entry of an order of
adoption, a stepchild or recognized child who lives with the
member in a parent-child relationship, or a child who lives
with the member if such member is a court appointed guardian
of the child, or (2) age 19 to 23 enrolled as a full-time
student in any accredited school, financially dependent upon
the member, and eligible as a dependent for Illinois State
income tax purposes, or (3) age 19 or over who is mentally or
physically handicapped as defined in the Illinois Insurance
Code. For the health plan only, the term "dependent" also
includes any person enrolled prior to the effective date of
this Section who is dependent upon the member to the extent
that the member may claim such person as a dependent for
Illinois State income tax deduction purposes; no other such
person may be enrolled.
(i) "Director" means the Director of the Illinois
Department of Central Management Services.
(j) "Eligibility period" means the period of time a
member has to elect enrollment in programs or to select
benefits without regard to age, sex or health.
(k) "Employee" means and includes each officer or
employee in the service of a department who (1) receives his
compensation for service rendered to the department on a
warrant issued pursuant to a payroll certified by a
department or on a warrant or check issued and drawn by a
department upon a trust, federal or other fund or on a
warrant issued pursuant to a payroll certified by an elected
or duly appointed officer of the State or who receives
payment of the performance of personal services on a warrant
issued pursuant to a payroll certified by a Department and
drawn by the Comptroller upon the State Treasurer against
appropriations made by the General Assembly from any fund or
against trust funds held by the State Treasurer, and (2) is
employed full-time or part-time in a position normally
requiring actual performance of duty during not less than 1/2
of a normal work period, as established by the Director in
cooperation with each department, except that persons elected
by popular vote will be considered employees during the
entire term for which they are elected regardless of hours
devoted to the service of the State, and (3) except that
"employee" does not include any person who is not eligible by
reason of such person's employment to participate in one of
the State retirement systems under Articles 2, 14, 15 (either
the regular Article 15 system or an optional program
established under Section 15-158.2) or 18, or under paragraph
(b) or (c) of Section 16-106, of the Illinois Pension Code,
but such term does include persons who are employed during
the 6 month qualifying period under Article 14 of the
Illinois Pension Code. Such term also includes any person
who (1) after January 1, 1966, is receiving ordinary or
accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
an optional program established under Section 15-158.2),
paragraphs (b) or (c) of Section 16-106, or Article 18 of the
Illinois Pension Code, for disability incurred after January
1, 1966, (2) receives total permanent or total temporary
disability under the Workers' Compensation Act or
Occupational Disease Act as a result of injuries sustained or
illness contracted in the course of employment with the State
of Illinois, or (3) is not otherwise covered under this Act
and has retired as a participating member under Article 2 of
the Illinois Pension Code but is ineligible for the
retirement annuity under Section 2-119 of the Illinois
Pension Code. However, a person who satisfies the criteria
of the foregoing definition of "employee" except that such
person is made ineligible to participate in the State
Universities Retirement System by clause (4) of the first
paragraph of Section 15-107 of the Illinois Pension Code is
also an "employee" for the purposes of this Act. "Employee"
also includes any person receiving or eligible for benefits
under a sick pay plan established in accordance with Section
36 of the State Finance Act. "Employee" also includes each
officer or employee in the service of a qualified local
government, including persons appointed as trustees of
sanitary districts regardless of hours devoted to the service
of the sanitary district, and each employee in the service of
a qualified rehabilitation facility and each full-time
employee in the service of a qualified domestic violence
shelter or service, as determined according to rules
promulgated by the Director.
(l) "Member" means an employee, annuitant, retired
employee or survivor.
(m) "Optional coverages or benefits" means those
coverages or benefits available to the member on his or her
voluntary election, and at his or her own expense.
(n) "Program" means the group life insurance, health
benefits and other employee benefits designed and contracted
for by the Director under this Act.
(o) "Health plan" means a self-insured health insurance
program offered by the State of Illinois for the purposes of
benefiting employees by means of providing, among others,
wellness programs, utilization reviews, second opinions and
medical fee reviews, as well as for paying for hospital and
medical care up to the maximum coverage provided by the plan,
to its members and their dependents.
(p) "Retired employee" means any person who would be an
annuitant as that term is defined herein but for the fact
that such person retired prior to January 1, 1966. Such term
also includes any person formerly employed by the University
of Illinois in the Cooperative Extension Service who would be
an annuitant but for the fact that such person was made
ineligible to participate in the State Universities
Retirement System by clause (4) of the first paragraph of
Section 15-107 of the Illinois Pension Code.
(q) "Survivor" means a person receiving an annuity as a
survivor of an employee or of an annuitant. "Survivor" also
includes: (1) the surviving dependent of a person who
satisfies the definition of "employee" except that such
person is made ineligible to participate in the State
Universities Retirement System by clause (4) of the first
paragraph of Section 15-107 of the Illinois Pension Code; and
(2) the surviving dependent of any person formerly employed
by the University of Illinois in the Cooperative Extension
Service who would be an annuitant except for the fact that
such person was made ineligible to participate in the State
Universities Retirement System by clause (4) of the first
paragraph of Section 15-107 of the Illinois Pension Code.
(r) "Medical services" means the services provided
within the scope of their licenses by practitioners in all
categories licensed under the Medical Practice Act of 1987.
(s) "Unit of local government" means any county,
municipality, township, school district, special district or
other unit, designated as a unit of local government by law,
which exercises limited governmental powers or powers in
respect to limited governmental subjects, any not-for-profit
association with a membership that primarily includes
townships and township officials, that has duties that
include provision of research service, dissemination of
information, and other acts for the purpose of improving
township government, and that is funded wholly or partly in
accordance with Section 85-15 of the Township Code; any
not-for-profit corporation or association, with a membership
consisting primarily of municipalities, that operates its own
utility system, and provides research, training,
dissemination of information, or other acts to promote
cooperation between and among municipalities that provide
utility services and for the advancement of the goals and
purposes of its membership; and the Illinois Association of
Park Districts. "Qualified local government" means a unit of
local government approved by the Director and participating
in a program created under subsection (i) of Section 10 of
this Act.
(t) "Qualified rehabilitation facility" means any
not-for-profit organization that is accredited by the
Commission on Accreditation of Rehabilitation Facilities or
certified by the Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities) to provide services to persons with
disabilities and which receives funds from the State of
Illinois for providing those services, approved by the
Director and participating in a program created under
subsection (j) of Section 10 of this Act.
(u) "Qualified domestic violence shelter or service"
means any Illinois domestic violence shelter or service and
its administrative offices funded by the Department of Human
Services (as successor to the Illinois Department of Public
Aid), approved by the Director and participating in a program
created under subsection (k) of Section 10.
(v) "TRS benefit recipient" means a person who:
(1) is not a "member" as defined in this Section;
and
(2) is receiving a monthly benefit or retirement
annuity under Article 16 of the Illinois Pension Code;
and
(3) either (i) has at least 8 years of creditable
service under Article 16 of the Illinois Pension Code, or
(ii) was enrolled in the health insurance program offered
under that Article on January 1, 1996, or (iii) is the
survivor of a benefit recipient who had at least 8 years
of creditable service under Article 16 of the Illinois
Pension Code or was enrolled in the health insurance
program offered under that Article on the effective date
of this amendatory Act of 1995, or (iv) is a recipient or
survivor of a recipient of a disability benefit under
Article 16 of the Illinois Pension Code.
(w) "TRS dependent beneficiary" means a person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a TRS benefit recipient's: (A) spouse, (B)
dependent parent who is receiving at least half of his or
her support from the TRS benefit recipient, or (C)
unmarried natural or adopted child who is (i) under age
19, or (ii) enrolled as a full-time student in an
accredited school, financially dependent upon the TRS
benefit recipient, eligible as a dependent for Illinois
State income tax purposes, and either is under age 24 or
was, on January 1, 1996, participating as a dependent
beneficiary in the health insurance program offered under
Article 16 of the Illinois Pension Code, or (iii) age 19
or over who is mentally or physically handicapped as
defined in the Illinois Insurance Code.
(x) "Military leave with pay and benefits" refers to
individuals in basic training for reserves, special/advanced
training, annual training, emergency call up, or activation
by the President of the United States with approved pay and
benefits.
(y) "Military leave without pay and benefits" refers to
individuals who enlist for active duty in a regular component
of the U.S. Armed Forces or other duty not specified or
authorized under military leave with pay and benefits.
(Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507,
eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.)
(5 ILCS 375/6.7)
Sec. 6.7. Woman's health care provider. The program of
health benefits is subject to the provisions of Section 356r
of the Illinois Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
(5 ILCS 375/6.8)
Sec. 6.8. 6.7. Post-parturition care. The program of
health benefits shall provide the post-parturition care
benefits required to be covered by a policy of accident and
health insurance under Section 356s 356r of the Illinois
Insurance Code.
(Source: P.A. 89-513, eff. 7-17-96; revised 7-24-96.)
Section 2-25. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 1-10 as
follows:
(20 ILCS 301/1-10)
Sec. 1-10. Definitions. As used in this Act, unless the
context clearly indicates otherwise, the following words and
terms have the following meanings:
"Act" means the Alcoholism and Other Drug Abuse and
Dependency Act.
"Addict" means a person who exhibits the disease known as
"addiction".
"Addiction" means a disease process characterized by the
continued use of a specific psycho-active substance despite
physical, psychological or social harm. The term also
describes the advanced stages of chemical dependency.
"Administrator" means a person responsible for
administration of a program.
"Alcoholic" means a person who exhibits the disease known
as "alcoholism".
"Alcoholism" means a chronic and progressive disease or
illness characterized by preoccupation with and loss of
control over the consumption of alcohol, and the use of
alcohol despite adverse consequences. Typically,
combinations of the following tendencies are also present:
periodic or chronic intoxication; physical disability;
impaired emotional, occupational or social adjustment;
tendency toward relapse; a detrimental effect on the
individual, his family and society; psychological dependence;
and physical dependence. Alcoholism is also known as
addiction to alcohol. Alcoholism is described and further
categorized in clinical detail in the DSM and the ICD.
"Array of services" means assistance to individuals,
families and communities in response to alcohol or other drug
abuse or dependency. The array of services includes, but is
not limited to: prevention assistance for communities and
schools; case finding, assessment and intervention to help
individuals stop abusing alcohol or other drugs; case
management; detoxification to aid individuals in physically
withdrawing from alcohol or other drugs; short-term and
long-term treatment and support services to help individuals
and family members begin the process of recovery;
prescription and dispensing of the drug methadone or other
medications as an adjunct to treatment; relapse prevention
services; education and counseling for children or other
co-dependents of alcoholics or other drug abusers or addicts.
"Case management" means those services which will assist
individuals in gaining access to needed social, educational,
medical, treatment and other services.
"Children of alcoholics or drug addicts or abusers of
alcohol and other drugs" means the minor or adult children of
individuals who have abused or been dependent upon alcohol or
other drugs. These children may or may not become dependent
upon alcohol or other drugs themselves; however, they are
physically, psychologically, and behaviorally at high risk of
developing the illness. Children of alcoholics and other
drug abusers experience emotional and other problems, and
benefit from prevention and treatment services provided by
funded and non-funded agencies licensed by the Department.
"Co-dependents" means individuals who are involved in the
lives of and are affected by people who are dependent upon
alcohol and other drugs. Co-dependents compulsively engage
in behaviors that cause them to suffer adverse physical,
emotional, familial, social, behavioral, vocational, and
legal consequences as they attempt to cope with the alcohol
or drug dependent person. People who become co-dependents
include spouses, parents, siblings, and friends of alcohol or
drug dependent people. Co-dependents benefit from prevention
and treatment services provided by agencies licensed by the
Department.
"Controlled substance" means any substance or immediate
precursor which is enumerated in the schedules of Article II
of the Illinois Controlled Substances Act or the Cannabis
Control Act.
"Crime of violence" means any of the following crimes:
murder, voluntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, armed robbery, arson, kidnapping,
aggravated battery, aggravated arson, or any other felony
which involves the use or threat of physical force or
violence against another individual.
"Department" means the Illinois Department of Human
Services as successor to the former Department of Alcoholism
and Substance Abuse.
"Designated program" means a program designated by the
Department to provide services described in subsection (c) or
(d) of Section 15-10 of this Act. A designated program's
primary function is screening, assessing, referring and
tracking clients identified by the criminal justice system,
and the program agrees to apply statewide the standards,
uniform criteria and procedures established by the Department
pursuant to such designation.
"Detoxification" means the process of allowing an
individual to safely withdraw from a drug in a controlled
environment.
"DSM" means the most current edition of the Diagnostic
and Statistical Manual of Mental Disorders.
"D.U.I." means driving under the influence of alcohol or
other substances which may cause impairment of driving
ability.
"Facility" means the building or premises which are used
for the provision of licensable program services, including
support services, as set forth by rule.
"ICD" means the most current edition of the International
Classification of Diseases.
"Incapacitated" means that a person is unconscious or
otherwise exhibits, by overt behavior or by extreme physical
debilitation, an inability to care for his own needs or to
recognize the obvious danger of his situation or to make
rational decisions with respect to his need for treatment.
"Intermediary person" means a person with expertise
relative to addiction, alcoholism, and the abuse of alcohol
or other drugs who may be called on to assist the police in
carrying out enforcement or other activities with respect to
persons who abuse or are dependent on alcohol or other drugs.
"Intervention" means readily accessible activities which
assist individuals and their partners or family members in
coping with the immediate problems of alcohol and other drug
abuse or dependency, and in reducing their alcohol and other
drug use. Intervention can facilitate emotional and social
stability, and involves referring people for further
treatment as needed.
"Intoxicated person" means a person whose mental or
physical functioning is substantially impaired as a result of
the current effects of alcohol or other drugs within the
body.
"Local advisory council" means an alcohol and substance
abuse body established in a county, township or community
area, which represents public and private entities having an
interest in the prevention and treatment of alcoholism or
other drug abuse.
"Off-site services" means licensable program services or
activities which are conducted at a location separate from
the primary service location of the provider, and which
services are operated by a program or entity licensed under
this Act.
"Person" means any individual, firm, group, association,
partnership, corporation, trust, government or governmental
subdivision or agency.
"Prevention" means an interactive process of individuals,
families, schools, religious organizations, communities and
regional, state and national organizations to reduce
alcoholism, prevent the use of illegal drugs and the abuse of
legal drugs by persons of all ages, prevent the use of
alcohol by minors, build the capacities of individuals and
systems, and promote healthy environments, lifestyles and
behaviors.
"Program" means a licensable or fundable activity or
service, or a coordinated range of such activities or
services, as the Department may establish by rule.
"Recovery" means the long-term, often life-long, process
in which an addicted person changes the way in which he makes
decisions and establishes personal and life priorities. The
evolution of this decision-making and priority-setting
process is generally manifested by an obvious improvement in
the individual's life and lifestyle and by his overcoming the
abuse of or dependence on alcohol or other drugs. Recovery
is also generally manifested by prolonged periods of
abstinence from addictive chemicals which are not medically
supervised. Recovery is the goal of treatment.
"Rehabilitation" means a process whereby those clinical
services necessary and appropriate for improving an
individual's life and lifestyle and for overcoming his or her
abuse of or dependency upon alcohol or other drugs, or both,
are delivered in an appropriate setting and manner as defined
in rules established by the Department.
"Relapse" means a process which is manifested by a
progressive pattern of behavior that reactivates the symptoms
of a disease or creates debilitating conditions in an
individual who has experienced remission from addiction or
alcoholism.
"Secretary" means the Secretary of Human Services or his
or her designee.
"Substance abuse" or "abuse" means a pattern of use of
alcohol or other drugs with the potential of leading to
immediate functional problems or to alcoholism or other drug
dependency, or to the use of alcohol and/or other drugs
solely for purposes of intoxication. The term also means the
use of illegal drugs by persons of any age, and the use of
alcohol by persons under the age of 21.
"Treatment" means the broad range of emergency,
outpatient, intermediate and residential services and care
(including assessment, diagnosis, medical, psychiatric,
psychological and social services, care and counseling, and
aftercare) which may be extended to individuals who abuse or
are dependent on alcohol or other drugs or families of those
persons.
(Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-507, eff. 7-1-97; revised
9-10-96.)
Section 2-30. The Children and Family Services Act is
amended by changing Section 18a-13 as follows:
(20 ILCS 505/18a-13) (from Ch. 23, par. 5018a-13)
(Section scheduled to be repealed on December 31, 1997)
Sec. 18a-13. Interagency Authority on Residential
Facilities for Children.
(a) There is hereby created the Interagency Authority on
Residential Facilities for Children.
(b) The Authority shall be composed of the Secretary of
Human Services (or his or her designee) and 2 additional
representatives of the Department of Human Services
designated by the Secretary; plus the Directors, or their
designees, of the following State agencies:
(1) Department of Children and Family Services,
(2) Department of Corrections,
(3) Illinois State Board of Education,
(4) Department of Public Aid, and
(5) Residential Services Authority;
plus 5 people appointed by the Governor from State and
community public and private providers and funders. These 5
people shall be experienced and knowledgeable concerning
out-of-home placement options for children. No more than 2
of the appointees can be from the public sector. Members of
the Authority shall serve without compensation. No monies
shall be appropriated for the purpose of providing operating
expenses for the Authority. The Department of Human Services
and the other departments listed in this subsection (b) shall
provide staffing and support costs.
(c) The Chairperson of the Authority shall be the
Director of Children and Family Services or his designee.
The first meeting of the Authority shall be within 30 days of
the effective date of this amendatory Act of 1991. At the
first meeting the Authority shall elect a vice-chairperson
from its membership.
(d) The Authority shall have the responsibility for
developing a long-term plan for providing adequate
residential facilities for the care of children who cannot be
served in their own homes and whose needs cannot be met by
foster family home services or other similar substitute care
arrangements. The Authority shall examine, among other
items, the feasibility of increasing the capacity or number
of residential care facilities in the State consistent with
the principles that services in the home and community and
the least restrictive alternatives guide the State service
system for children. If it is determined that there should
be an increase in the number of residential facilities,
campus type settings shall be considered.
(e) The Authority also has the responsibility for the
following:
(1) The annual collection of information from State
agencies in regard to the number of children placed in
out-of-State settings, including placements made by local
school districts that are reimbursed pursuant to the
School Code.
(2) Reporting on an annual basis the cost of all
out-of-State placements of children made by State
agencies or local school districts.
(3) Reviewing the current rate structures for
payment of services for in-State and out-of-State
residential placements of children and recommending
appropriate incentives that would encourage the
development of necessary in-State services.
(4) Promoting the establishment of State
inter-agency pilot programs which provide for a continuum
of placements, including short-term local residential
placements and other alternatives to out-of-State
placements.
(f) The Authority shall present a proposal to the
Governor, the President of the Senate, the Minority Leader of
the Senate, the Speaker of the House and the Minority Leader
of the House within one year of its first meeting.
(g) This Section is repealed effective December 31,
1997. The changes made to this Section by this amendatory Act
of 1996 are not intended to revive this Section in the event
of its repeal.
(Source P.A. 88-487; 88-597, eff. 8-28-94; 89-21, eff.
7-1-95; 89-507, eff. 7-1-97; 89-648, eff. 8-9-96; revised
9-12-96)
Section 2-35. The Department of Natural Resources Act is
amended by setting forth and renumbering multiple versions of
Section 5-10 as follows:
(20 ILCS 801/5-10)
Sec. 5-10. Additional powers. With respect to the water
resources of the State, the Office of Water Resources shall
have the following powers:
(a) To study and investigate ways and means by which the
various water uses may be coordinated to the end that the
water resources of the State be put to their maximum
beneficial use and, in connection therewith, to request any
department or agency of the State to make surveys, studies,
investigations, prepare plans, reports and furnish such data
and information as may be necessary.
(b) To coordinate, determine and provide ways and means
for the equitable reconciliation and adjustment of the
various conflicting claims and rights to water by users or
uses.
(c) To recommend legislation for the most feasible
method or methods of conserving water resources and putting
them to the maximum possible use, taking into account the
problems of navigation, flood control, river flow control and
stabilization, reclamation, drainage and recapture, and
further utilization of water after use for any purpose,
domestic and industrial use, irrigation of land, municipal
use, development of electric energy, public health,
recreational, fish and game life, and other beneficial use.
(d) To undertake regulatory flood hazard mapping within
this State.
(e) To inspect and prescribe standards of repair,
maintenance and improvement of the facilities and properties
of the Metro-East Sanitary District.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 801/15-10)
Sec. 15-10. 5-10. Board of Natural Resources and
Conservation.
(a) Within the Department there shall be a Board of
Natural Resources and Conservation, composed of 8 persons.
The Board shall be composed of the Director of Natural
Resources (or the Director's designee), who shall be
chairman; the president of the University of Illinois, or his
or her representative; the president of Southern Illinois
University, or his or her representative; and one appointed
expert each in animal biology, geology, engineering,
chemistry, and plant biology, qualified by at least 10 years
of experience in practicing or teaching their several
professions. Appointed members of the Board shall be
appointed by the Governor, with the advice and consent of the
Senate.
The transfer of the Board to the Department under this
Act does not terminate or otherwise affect the term of
membership of any member of the Board, except for the change
in chairman.
(b) The Board, acting through 5 or more subcommittees,
each of which shall be composed of the Director of Natural
Resources, the president of the University of Illinois or his
representative, the president of Southern Illinois University
or his representative, and the expert advisor specially
qualified in the field of investigation, shall:
(1) consider and decide matters pertaining to
natural history, geology, water and atmospheric
resources, forestry, and allied research, investigation,
and scientific work;
(2) select and appoint, without reference to the
State civil service law, members of the scientific staff,
prosecuting such research, investigation, and scientific
work;
(3) cooperate with the University of Illinois in
the use of scientific staff and equipment; and
(4) cooperate with the various departments of State
government in research, investigation, and scientific
work useful in the prosecution of the work of any
department.
(Source: P.A. 89-445, eff. 2-7-96; revised 3-7-96.)
Section 2-40. The Civil Administrative Code of Illinois
is amended by changing Section 71 as follows:
(20 ILCS 2005/71) (from Ch. 127, par. 63b17)
Sec. 71. A. The Department of Nuclear Safety shall
exercise, administer and enforce all rights, powers and
duties vested in the Department of Public Health by the
following named Acts or Sections thereof:
1. The Radiation Installation Act.
2. The Radiation Protection Act of 1990.
3. The Radioactive Waste Storage Act.
4. The Personnel Radiation Monitoring Act.
5. The Laser System Act.
6. The Illinois Nuclear Safety Preparedness Act.
B. All the rights, powers and duties vested in the
Director of Public Health by "An Act to create the Illinois
Commission on Atomic Energy, defining the powers and duties
of the Commission, and making an appropriation therefor",
effective September 10, 1971, as amended, are transferred to
the Director of Nuclear Safety. The Director of Nuclear
Safety, after the effective date this amendatory Act of 1980,
shall serve as an ex officio member of the Illinois
Commission on Atomic Energy in the place and stead of the
Director of Public Health.
C. The Department of Nuclear Safety shall exercise,
administer and enforce all rights, powers and duties:
1. Vested in the Office of the State Fire Marshal
by the Boiler and Pressure Vessel Safety Act, to the
extent the rights, powers, and duties relate to nuclear
steam-generating facilities.
2. As relating to nuclear steam-generating
facilities, vested in the Board of Boiler and Pressure
Vessel Rules by the Boiler and Pressure Vessel Safety
Act, which includes but are not limited to the
formulation of definitions, rules and regulations for the
safe and proper construction, installation, repair, use,
and operation of nuclear steam-generating facilities, the
adoption of rules for already installed nuclear
steam-generating facilities, the adoption of rules for
accidents in nuclear steam-generating facilities, the
examination for or suspension of inspectors' licenses of
the facilities and the hearing of appeals from decisions
relating to the facilities.
3. As relating to nuclear steam-generating
facilities, vested in the State Fire Marshal or the Chief
Inspector by the Boiler and Pressure Vessel Safety Act,
which include but are not limited to the employment of
inspectors of nuclear steam-generating facilities,
issuance or suspension of their commissions, prosecution
of the Act or rules promulgated thereunder for violations
by nuclear steam-generating facilities, maintenance of
inspection records of all the facilities, publication of
rules relating to the facilities, having free access to
the facilities, issuance of inspection certificates of
the facilities and the furnishing of bonds conditioned
upon the faithful performance of their duties. The
Director of Nuclear Safety may designate a Chief
Inspector, or other inspectors, as he deems necessary to
perform the functions transferred by this subsection C.
The transfer of rights, powers, and duties specified in
the immediately preceding paragraphs 1, 2, and 3 is limited
to the program transferred by this amendatory Act of 1980 and
shall not be deemed to abolish or diminish the exercise of
those same rights, powers, and duties by the Office of the
State Fire Marshal, the Board of Boiler and Pressure Vessel
Rules, the State Fire Marshal, or the Chief Inspector with
respect to programs retained by the Office of the State Fire
Marshal.
D. The Department of Nuclear Safety shall exercise,
administer, and enforce all rights, powers and duties vested
in the Environmental Protection Agency by paragraphs a, b, c,
d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4
and Sections 30-45 inclusive of the Environmental Protection
Act, to the extent that these powers relate to standards of
the Pollution Control Board adopted under subsection K of
this Section. The transfer of rights, powers, and duties
specified in this paragraph is limited to the program
transferred by this amendatory Act of 1980 and shall not be
deemed to abolish or diminish the exercise of those same
rights, powers, and duties by the Environmental Protection
Agency with respect to programs retained by the Environmental
Protection Agency.
E. The Department of Nuclear Safety, in lieu of the
Department of Public Health, shall register, license,
inspect, and control radiation sources and shall purchase,
lease, accept, or acquire lands, buildings and grounds where
radioactive wastes can be disposed, and to supervise and
regulate the operation of the disposal sites.
F. The Department of Nuclear Safety shall have primary
responsibility to formulate a comprehensive emergency
preparedness and response plan for any nuclear accident, and
shall develop such a plan in cooperation with the Illinois
Emergency Management Agency. The Department of Nuclear Safety
shall also train and maintain an emergency response team.
G. The Department of Nuclear Safety shall formulate a
comprehensive plan regarding the transportation of nuclear
and radioactive materials in Illinois. The Department shall
have primary responsibility for all State governmental
regulation of the transportation of nuclear and radioactive
materials, insofar as the regulation pertains to the public
health and safety. This responsibility shall include but not
be limited to the authority to oversee and coordinate
regulatory functions performed by the Department of
Transportation, the Department of State Police, and the
Illinois Commerce Commission.
H. The Department of Nuclear Safety shall formulate a
comprehensive plan regarding disposal of nuclear and
radioactive materials in this State. The Department shall
establish minimum standards for disposal sites, shall
evaluate and publicize potential effects on the public health
and safety, and shall report to the Governor and General
Assembly all violations of the adopted standards. In
carrying out this function, the Department of Nuclear Safety
shall work in cooperation with the Illinois Commission on
Atomic Energy and the Radiation Protection Advisory Council.
I. The Department of Nuclear Safety, in cooperation with
the Department of Natural Resources, shall study (a) the
impact and cost of nuclear power and compare these to the
impact and cost of alternative sources of energy, (b) the
potential effects on the public health and safety of all
radioactive emissions from nuclear power plants, and (c) all
other factors that bear on the use of nuclear power or on
nuclear safety. The Department shall formulate a general
nuclear policy for the State based on the findings of the
study. The policy shall include but not be limited to the
feasibility of continued use of nuclear power, effects of the
use of nuclear power on the public health and safety, minimum
acceptable standards for the location of any future nuclear
power plants, and rules and regulations for the reporting by
public utilities of radioactive emissions from power plants.
The Department shall establish a reliable system for
communication between the public and the Department and for
dissemination of information by the Department. The
Department shall publicize the findings of all studies and
make the publications reasonably available to the public.
J. The Department of Nuclear Safety shall have primary
responsibility for the coordination and oversight of all
State governmental functions concerning the regulation of
nuclear power, including low level waste management,
environmental monitoring, and transportation of nuclear
waste. Functions performed on the effective date of this
amendatory Act of 1980 by the Department of State Police,
Department of Transportation, and the Illinois Emergency
Management Agency in the area of nuclear safety may continue
to be performed by these agencies but under the direction of
the Department of Nuclear Safety. All other governmental
functions regulating nuclear safety shall be coordinated by
Department of Nuclear Safety.
K. The Department of Nuclear Safety shall enforce the
regulations promulgated by the Pollution Control Board under
Section 25b of the Environmental Protection Act. Under these
regulations the Department shall require that a person,
corporation, or public authority intending to construct a
nuclear steam-generating facility or a nuclear fuel
reprocessing plant file with the Department an environmental
feasibility report that incorporates the data provided in the
preliminary safety analysis required to be filed with the
United States Nuclear Regulatory Commission.
L. Personnel previously assigned to the programs
transferred from the Department of Public Health and the
Office of the State Fire Marshal are hereby transferred to
the Department of Nuclear Safety. The rights of the
employees, the State, and executive agencies under the
Personnel Code or any collective bargaining agreement, or
under any pension, retirement, or annuity plan shall not be
affected by this amendatory Act of 1980.
M. All books, records, papers, documents, property (real
or personal), unexpended appropriations and pending business
in any way pertaining to the rights, powers, and duties
transferred by this amendatory Act of 1980 shall be delivered
and transferred to the Department of Nuclear Safety.
N. All files, records, and data gathered by or under the
direction or authority of the Director under this Act shall
be made available to the Department of Public Health under
the Illinois Health and Hazardous Substances Registry Act.
O. The Department shall not issue or renew to any
individual any accreditation, certification, or registration
(but excluding registration under the Radiation Installation
Act) otherwise issued by the Department if the individual has
defaulted on an educational loan guaranteed by the Illinois
Student Assistance Commission; however, the Department may
issue or renew an accreditation, certification, or
registration if the individual has established a satisfactory
repayment record as determined by the Illinois Student
Assistance Commission. Additionally, any accreditation,
certification, or registration issued by the Department (but
excluding registration under the Radiation Installation Act)
may be suspended or revoked if the Department, after the
opportunity for a hearing under the appropriate
accreditation, certification, or registration Act, finds that
the holder has failed to make satisfactory repayment to the
Illinois Student Assistance Commission for a delinquent or
defaulted loan. For purposes of this Section, "satisfactory
repayment record" shall be defined by rule.
(Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
revised 3-11-96.)
Section 2-45. The Civil Administrative Code of Illinois
is amended by setting forth and renumbering multiple versions
of Section 60.2 as follows:
(20 ILCS 2105/60.2) (from Ch. 127, par. 60.2)
Sec. 60.2. Annual report. The Department of
Professional Regulation shall prepare and file with the
General Assembly during the second week of January in each
calendar year a written report setting forth with respect to
each professional, trade, or occupational school that is
regulated by the Department and that may not lawfully be
operated without a certificate of registration issued by the
Department:
(1) The number of written or verified complaints, by
license category, made or filed with the Department during
the immediately preceding calendar year alleging the
violation of any licensing Act administered by the
Department.
(2) The name and address of each such school with
respect to which or with respect to a representative of which
the Department, during the immediately preceding calendar
year, refused to issue or renew a certificate of registration
required for lawful operation of the school and the reasons
for that refusal.
(3) The name and address of each such school with
respect to which or with respect to a representative of which
the certificate of registration required for lawful
operation of the school was suspended, revoked, placed on
probation, reprimanded, or otherwise disciplined during the
immediately preceding calendar year and the reasons for that
discipline.
(4) The name and location of each such school at which
the Department made any on site inspection at any time during
the immediately preceding calendar year and the date or dates
on which each such on site visit was made at that school.
(Source: P.A. 87-1008.)
(20 ILCS 2105/60.3)
Sec. 60.3. 60.2. Publication of disciplinary actions.
The Department shall publish, at least monthly, final
disciplinary actions taken by the Department against a
licensee or applicant pursuant to the Medical Practice Act of
1987. The specific disciplinary action and the name of the
applicant or licensee shall be listed. This publication
shall be made available to the public upon request and
payment of the fees set by the Department. This publication
may be made available to the public on the Internet through
the State of Illinois World Wide Web site.
(Source: P.A. 89-702, eff. 7-1-97; revised 1-29-97.)
Section 2-50. The Illinois Development Finance Authority
Act is amended by renumbering Sections 7-84, 7-85, and 7-86
as follows:
(20 ILCS 3505/7.84) (from Ch. 48, par. 850.07z24)
Sec. 7.84. 7-84. Additional security. In the event that
the Authority determines that funds pledged, intercepted or
otherwise received or to be received by the Authority under
Section 7.83 of this Act will not be sufficient for the
payment of the principal, premium, if any, and interest
during the next State fiscal year on any bonds issued by the
Authority under Sections 7.80 through 7.87, the Chairman, as
soon as is practicable, shall certify to the Governor the
amount required by the Authority to enable it to pay the
principal, premium, if any, and interest falling due on such
bonds. The Governor shall submit the amount so certified to
the General Assembly as soon as practicable, but no later
than the end of the current State fiscal year. This
paragraph shall not apply to any bonds as to which the
Authority shall have determined, in the resolution
authorizing their issuance, that this paragraph shall not
apply. Whenever the Authority makes such a determination,
that fact shall be plainly stated on the face of such bonds
and that fact shall also be reported to the Governor.
In the event of a withdrawal of moneys from a debt
service reserve fund established with respect to any issue or
issues of bonds of the Authority to pay principal and
interest on those bonds, the Chairman, as soon as is
practicable, shall certify to the Governor the amount
required to restore such reserve fund to the level required
in the resolution or indenture securing the bonds. The
Governor shall submit the amount so certified to the General
Assembly as soon as practicable, but not later than the end
of the current State fiscal year.
(Source: P.A. 86-1211; 87-778; revised 2-7-97.)
(20 ILCS 3505/7.85) (from Ch. 48, par. 850.07z25)
Sec. 7.85. 7-85. Eligible Investments. Bonds issued by
the Authority pursuant to Sections 7.80 through 7.87 shall be
permissible investments within the provisions of Section 12.
(Source: P.A. 86-1211; revised 2-7-97.)
(20 ILCS 3505/7.86) (from Ch. 48, par. 850.07z26)
Sec. 7.86. 7-86. Tax exemption. The exercise of the
powers granted in Sections 7.80 through 7.87 are in all
respects for the benefit of the people of Illinois, and in
consideration thereof the bonds issued pursuant to the
aforementioned Sections and the income therefrom shall be
free from all taxation by the State or its political
subdivisions, except for estate, transfer and inheritance
taxes. For purposes of Section 250 of the Illinois Income
Tax Act, the exemption of the income from bonds issued under
the aforementioned Sections shall terminate after all of the
bonds have been paid. The amount of such income that shall
be added and then subtracted on the Illinois income tax
return of a taxpayer, pursuant to Section 203 of the Illinois
Income Tax Act, from federal adjusted gross income or federal
taxable income in computing Illinois base income shall be the
interest net of any bond premium amortization.
(Source: P.A. 89-460, eff. 5-24-96; revised 11-1-96.)
Section 2-55. The Illinois Health Facilities Planning
Act is amended by changing Sections 3 and 4 and setting forth
and renumbering multiple versions of Section 12.1 as follows:
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
Sec. 3. As used in this Act:
"Health care facilities" means and includes the following
facilities and organizations:
1. An ambulatory surgical treatment center required
to be licensed pursuant to the Ambulatory Surgical
Treatment Center Act;
2. An institution, place, building, or agency
required to be licensed pursuant to the Hospital
Licensing Act;
3. Any institution required to be licensed pursuant
to the Nursing Home Care Act;
4. Hospitals, nursing homes, ambulatory surgical
treatment centers, or kidney disease treatment centers
maintained by the State or any department or agency
thereof; and
5. Kidney disease treatment centers, including a
free-standing hemodialysis unit.
No federally owned facility shall be subject to the
provisions of this Act, nor facilities used solely for
healing by prayer or spiritual means.
No facility licensed under the Supportive Residences
Licensing Act shall be subject to the provisions of this Act.
A facility designated as a supportive living facility
that is in good standing with the demonstration project
established under Section 5-5.01a of the Illinois Public Aid
Code shall not be subject to the provisions of this Act.
This Act does not apply to facilities granted waivers
under Section 3-102.2 of the Nursing Home Care Act. However,
if a demonstration project under that Act applies for a
certificate of need to convert to a nursing facility, it
shall meet the licensure and certificate of need requirements
in effect as of the date of application.
With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of
the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion
of a health care facility under contract with such health
care facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care
facility of such contracted portion which is subject to
facility licensing requirements, irrespective of the party
responsible for such action or attendant financial
obligation.
"Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
"Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official
capacity within the last 12 months has involved the
providing, administering or financing of any type of health
care facility, (b) who is engaged in health research or the
teaching of health, (c) who has a material financial interest
in any activity which involves the providing, administering
or financing of any type of health care facility, or (d) who
is or ever has been a member of the immediate family of the
person defined by (a), (b), or (c).
"State Board" means the Health Facilities Planning Board.
"Construction or modification" means the establishment,
erection, building, alteration, reconstruction,
modernization, improvement, extension, discontinuation,
change of ownership, of or by a health care facility, or the
purchase or acquisition by or through a health care facility
of equipment or service for diagnostic or therapeutic
purposes or for facility administration or operation, or any
capital expenditure made by or on behalf of a health care
facility which exceeds the capital expenditure minimum.
"Establish" means the construction of a health care
facility or the replacement of an existing facility on
another site.
"Major medical equipment" means medical equipment which
is used for the provision of medical and other health
services and which costs in excess of the capital expenditure
minimum, except that such term does not include medical
equipment acquired by or on behalf of a clinical laboratory
to provide clinical laboratory services if the clinical
laboratory is independent of a physician's office and a
hospital and it has been determined under Title XVIII of the
Social Security Act to meet the requirements of paragraphs
(10) and (11) of Section 1861(s) of such Act. In determining
whether medical equipment has a value in excess of the
capital expenditure minimum, the value of studies, surveys,
designs, plans, working drawings, specifications, and other
activities essential to the acquisition of such equipment
shall be included.
"Capital Expenditure" means an expenditure: (A) made by
or on behalf of a health care facility (as such a facility is
defined in this Act); and (B) which under generally accepted
accounting principles is not properly chargeable as an
expense of operation and maintenance, or is made to obtain by
lease or comparable arrangement any facility or part thereof
or any equipment for a facility or part; and which exceeds
the capital expenditure minimum.
For the purpose of this paragraph, the cost of any
studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the
acquisition, improvement, expansion, or replacement of any
plant or equipment with respect to which an expenditure is
made shall be included in determining if such expenditure
exceeds the capital expenditures minimum. Donations of
equipment or facilities to a health care facility which if
acquired directly by such facility would be subject to review
under this Act shall be considered capital expenditures, and
a transfer of equipment or facilities for less than fair
market value shall be considered a capital expenditure for
purposes of this Act if a transfer of the equipment or
facilities at fair market value would be subject to review.
"Capital expenditure minimum" means $1,000,000 for major
medical equipment and $2,000,000 for all other capital
expenditures, both of which shall be annually adjusted to
reflect the increase in construction costs due to inflation.
"Areawide" means a major area of the State delineated on
a geographic, demographic, and functional basis for health
planning and for health service and having within it one or
more local areas for health planning and health service. The
term "region", as contrasted with the term "subregion", and
the word "area" may be used synonymously with the term
"areawide".
"Local" means a subarea of a delineated major area that
on a geographic, demographic, and functional basis may be
considered to be part of such major area. The term
"subregion" may be used synonymously with the term "local".
"Areawide health planning organization" or "Comprehensive
health planning organization" means the health systems agency
designated by the Secretary, Department of Health and Human
Services or any successor agency.
"Local health planning organization" means those local
health planning organizations that are designated as such by
the areawide health planning organization of the appropriate
area.
"Physician" means a person licensed to practice in
accordance with the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
"Director" means the Director of the Illinois Department
of Public Health.
"Agency" means the Illinois Department of Public Health.
"Comprehensive health planning" means health planning
concerned with the total population and all health and
associated problems that affect the well-being of people and
that encompasses health services, health manpower, and health
facilities; and the coordination among these and with those
social, economic, and environmental factors that affect
health.
"Alternative health care model" means a facility or
program authorized under the Alternative Health Care Delivery
Act.
(Source: P.A. 88-18; 89-499, eff. 6-28-96; 89-530, eff.
7-19-96; revised 8-15-96.)
(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
Sec. 4. There is created the Health Facilities Planning
Board, which shall perform such functions as hereinafter
described in this Act.
The State Board shall consist of 15 voting members,
including: 8 consumer members; one member representing the
commercial health insurance industry in Illinois; one member
representing proprietary hospitals in Illinois; one member
who is actively engaged in the field of hospital management;
one member who is a professional nurse registered in
Illinois; one member who is a physician in active private
practice licensed in Illinois to practice medicine in all of
its branches; one member who is actively engaged in the field
of skilled nursing or intermediate care facility management;
and one member who is actively engaged in the administration
of an ambulatory surgical treatment center licensed under the
Ambulatory Surgical Treatment Center Act.
The State Board shall be appointed by the Governor, with
the advice and consent of the Senate. In making the
appointments, the Governor shall give consideration to
recommendations made by (1) the professional organizations
concerned with hospital management for the hospital
management appointment, (2) professional organizations
concerned with long term care facility management for the
long term care facility management appointment, (3)
professional medical organizations for the physician
appointment, (4) professional nursing organizations for the
nurse appointment, and (5) professional organizations
concerned with ambulatory surgical treatment centers for the
ambulatory surgical treatment center appointment, and shall
appoint as consumer members individuals familiar with
community health needs but whose interest in the operation,
construction or utilization of health care facilities are
derived from factors other than those related to his
profession, business, or economic gain, and who represent, so
far as possible, different geographic areas of the State. Not
more than 8 of the appointments shall be of the same
political party.
The Secretary of Human Services, the Director of Public
Aid, and the Director of Public Health, or their designated
representatives, shall serve as ex-officio, non-voting
members of the State Board.
Of those appointed by the Governor as voting members,
each member shall hold office for a term of 3 years:
provided, that any member 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 and the term of office of each
successor shall commence on July 1 of the year in which his
predecessor's term expires. In making original appointments
to the State Board, the Governor shall appoint 5 members for
a term of one year, 5 for a term of 2 years, and 3 for a term
of 3 years, and each of these terms of office shall commence
on July 1, 1974. The initial term of office for the members
appointed under this amendatory Act of 1996 shall begin on
July 1, 1996 and shall last for 2 years, and each subsequent
appointment shall be for a term of 3 years. Each member
shall hold office until his successor is appointed and
qualified.
State Board members, while serving on business of the
State Board, shall receive actual and necessary travel and
subsistence expenses while so serving away from their places
of residence. In addition, while serving on business of the
State Board, each member shall receive compensation of $150
per day, except that such compensation shall not exceed
$7,500 in any one year for any member.
The State Board shall provide for its own organization
and procedures, including the selection of a Chairman and
such other officers as deemed necessary. The Director, with
concurrence of the State Board, shall name as full-time
Executive Secretary of the State Board, a person qualified in
health care facility planning and in administration. The
Agency shall provide administrative and staff support for the
State Board. The State Board shall advise the Director of
its budgetary and staff needs and consult with the Director
on annual budget preparation.
The State Board shall meet at least once each quarter, or
as often as the Chairman of the State Board deems necessary,
or upon the request of a majority of the members.
Eight members of the State Board shall constitute a
quorum. The affirmative vote of 8 of the members of the
State Board shall be necessary for any action requiring a
vote to be taken by the State Board. A vacancy in the
membership of the State Board shall not impair the right of a
quorum to exercise all the rights and perform all the duties
of the State Board as provided by this Act.
(Source: P.A. 88-490; 89-507, eff. 7-1-97; 89-674, eff.
8-14-96; revised 9-12-96.)
(20 ILCS 3960/12.1) (from Ch. 111 1/2, par. 1162.1)
Sec. 12.1. The State Board shall, by rule, define terms
and set those conditions necessary to implement the Health
Care Worker Self-Referral Act. The rules shall be
promulgated and adopted exclusively and solely by the State
Board.
(Source: P.A. 87-1207.)
(20 ILCS 3960/12.2)
Sec. 12.2. 12.1. Powers of the Agency. For purposes of
this Act, the Agency shall exercise the following powers and
duties:
(1) Review applications for permits and exemptions in
accordance with the standards, criteria, and plans of need
established by the State Board under this Act and certify its
finding to the State Board.
(2) Charge and collect an amount determined by the State
Board to be reasonable fees for the processing of
applications by the State Board, the Agency, and the
appropriate recognized areawide health planning organization.
The State Board shall set the amounts by rule. All fees and
fines collected under the provisions of this Act shall be
deposited into the Illinois Health Facilities Planning Fund
to be used for the expenses of administering this Act.
(3) Coordinate with other State agencies having
responsibilities affecting health care facilities, including
those of licensure and cost reporting.
(Source: P.A. 89-276, eff. 8-10-95; revised 1-7-97.)
Section 2-65. The State Finance Act is amended by
setting forth and renumbering multiple versions of Sections
5.402, 5.432, and 5.433 and changing Section 25 as follows:
(30 ILCS 105/5.402)
Sec. 5.402. The Eastern Illinois University Income Fund.
(Source: P.A. 89-4, eff. 1-1-96; 89-626, eff. 8-9-96.)
(30 ILCS 105/5.432)
Sec. 5.432. The State D.A.R.E. Fund.
(Source: P.A. 89-621, eff. 1-1-97.)
(30 ILCS 105/5.433)
Sec. 5.433. The County D.A.R.E. Fund.
(Source: P.A. 89-621, eff. 1-1-97.)
(30 ILCS 105/5.435)
Sec. 5.435. 5.402. The Illinois Fire Fighters' Memorial
Fund.
(Source: P.A. 89-612, eff. 8-9-96; revised 10-24-96.)
(30 ILCS 105/5.436)
Sec. 5.436. 5.432. The Livestock Management Facilities
Fund.
(Source: P.A. 89-456, eff. 5-21-96; revised 10-24-96.)
(30 ILCS 105/5.437)
Sec. 5.437. 5.432. The Alternative Compliance Market
Account Fund.
(Source: P.A. 89-465, eff. 6-13-96; revised 10-24-96.)
(30 ILCS 105/5.438)
Sec. 5.438. 5.432. The Gang Crime Witness Protection
Fund.
(Source: P.A. 89-498, eff. 6-27-96; revised 10-24-96.)
(30 ILCS 105/5.439)
Sec. 5.439. 5.432. The Health Care Facility and Program
Survey Fund.
(Source: P.A. 89-499, eff. 8-26-96; revised 10-24-96.)
(30 ILCS 105/5.440)
Sec. 5.440. 5.432. The Secretary of State Special
Services Fund.
(Source: P.A. 89-503, eff. 7-1-96; revised 10-24-96.)
(30 ILCS 105/5.441)
Sec. 5.441. 5.432. The Medical Research and Development
Fund.
(Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)
(30 ILCS 105/5.442)
Sec. 5.442. 5.433. The Post-Tertiary Clinical Services
Fund.
(Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)
(30 ILCS 105/5.443)
Sec. 5.443. 5.432. The Comptroller's Administrative
Fund.
(Source: P.A. 89-511, eff. 1-1-97; 89-615, eff. 8-9-96;
revised 10-24-96.)
(30 ILCS 105/5.444)
Sec. 5.444. 5.432. The Illinois Student Assistance
Commission Higher EdNet Fund.
(Source: P.A. 89-512, eff. 7-11-96; revised 10-24-96.)
(30 ILCS 105/5.445)
Sec. 5.445. 5.432. The Wildlife Prairie Park Fund.
(Source: P.A. 89-611, eff. 1-1-97; revised 10-24-96.)
(30 ILCS 105/5.446)
Sec. 5.446. 5.432. The Master Mason Fund.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)
(30 ILCS 105/5.447)
Sec. 5.447. 5.433. The Knights of Columbus Fund.
(Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)
(30 ILCS 105/5.448)
Sec. 5.448. 5.432. The Court of Claims Administration
and Grant Fund.
(Source: P.A. 89-670, eff. 8-14-96; revised 10-24-96.)
(30 ILCS 105/25) (from Ch. 127, par. 161)
Sec. 25. Fiscal year limitations.
(a) All appropriations shall be available for
expenditure for the fiscal year or for a lesser period if the
Act making that appropriation so specifies. A deficiency or
emergency appropriation shall be available for expenditure
only through June 30 of the year when the Act making that
appropriation is enacted unless that Act otherwise provides.
(b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out
of the expiring appropriations during the 2-month period
ending at the close of business on August 31. Any service
involving professional or artistic skills or any personal
services by an employee whose compensation is subject to
income tax withholding must be performed as of June 30 of the
fiscal year in order to be considered an "outstanding
liability as of June 30" that is thereby eligible for payment
out of the expiring appropriation.
However, payment of tuition reimbursement claims under
Section 14-7.03 or 18-3 of the School Code may be made by the
State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the
claims reimbursed by the payment may be claims attributable
to a prior fiscal year, and payments may be made at the
direction of the State Superintendent of Education from the
fund from which the appropriation is made without regard to
any fiscal year limitations.
Medical payments may be made by the Department of Public
Aid and child care payments may be made by the Department of
Human Services (as successor to the Department of Public Aid)
from appropriations for those purposes for any fiscal year,
without regard to the fact that the medical or child care
services being compensated for by such payment may have been
rendered in a prior fiscal year; and payments may be made at
the direction of the Department of Central Management
Services from the Health Insurance Reserve Fund and the Local
Government Health Insurance Reserve Fund without regard to
any fiscal year limitations.
Additionally, payments may be made by the Department of
Human Services from its appropriations, or any other State
agency from its appropriations with the approval of the
Department of Human Services, from the Immigration Reform and
Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986, without regard to
any fiscal year limitations.
(c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as
successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
persons suffering from chronic renal disease, persons
suffering from hemophilia, rape victims, and premature and
high-mortality risk infants and their mothers and for grants
for supplemental food supplies provided under the United
States Department of Agriculture Women, Infants and Children
Nutrition Program, for any fiscal year without regard to the
fact that the services being compensated for by such payment
may have been rendered in a prior fiscal year.
(d) The Department of Public Health and the Department
of Human Services (acting as successor to the Department of
Public Health under the Department of Human Services Act)
shall each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House,
House Minority Leader, and the respective Chairmen and
Minority Spokesmen of the Appropriations Committees of the
Senate and the House, on or before December 31, a report of
fiscal year funds used to pay for services provided in any
prior fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(e) The Department of Public Aid and the Department of
Human Services (acting as successor to the Department of
Public Aid) shall each annually submit to the State
Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before November
30, a report that shall document by program or service
category those expenditures from the most recently completed
fiscal year used to pay for (i) services provided in prior
fiscal years and (ii) services for which claims were received
in prior fiscal years.
(f) The Department of Human Services (as successor to
the Department of Public Aid) shall annually submit to the
State Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, and the
respective Chairmen and Minority Spokesmen of the
Appropriations Committees of the Senate and the House, on or
before December 31, a report of fiscal year funds used to pay
for services (other than medical care) provided in any prior
fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(g) In addition, each annual report required to be
submitted by the Department of Public Aid under subsection
(e) shall include the following information with respect to
the State's Medicaid program:
(1) Explanations of the exact causes of the
variance between the previous year's estimated and actual
liabilities.
(2) Factors affecting the Department of Public
Aid's liabilities, including but not limited to numbers
of aid recipients, levels of medical service utilization
by aid recipients, and inflation in the cost of medical
services.
(3) The results of the Department's efforts to
combat fraud and abuse.
(h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
(i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
(1) billing user agencies in advance based on
estimated charges for goods or services;
(2) issuing credits during the subsequent fiscal
year for all user agency payments received during the
prior fiscal year which were in excess of the final
amounts owed by the user agency for that period; and
(3) issuing catch-up billings to user agencies
during the subsequent fiscal year for amounts remaining
due when payments received from the user agency during
the prior fiscal year were less than the total amount
owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued.
(Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 89-511, eff.
1-1-97; revised 9-10-96.)
Section 2-70. The State Mandates Act is amended by
changing, combining, and renumbering multiple versions of
Sections 8.20 and 8.21 as follows:
(30 ILCS 805/8.20)
Sec. 8.20. 8.21. Exempt mandates mandate.
Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 89-510, 89-513, 89-514,
89-606, 89-617, 89-643, 89-671, 89-683, 89-690, or 89-705
this amendatory Act of 1996 1997.
(Source: P.A. 89-510, eff. 7-11-96; 89-513, eff. 9-15-96;
89-514, eff. 7-17-96; 89-606, eff. 1-1-97; 89-617, eff.
9-1-96; 89-643, eff. 8-9-96; 89-671, eff. 8-14-96; 89-683,
eff. 6-1-97; 89-690, eff. 6-1-97; 89-705, eff. 1-31-97;
revised 2-12-97.)
Section 2-75. The Use Tax Act is amended by changing
Section 3-5 as follows:
(35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by a not-for-profit
music or dramatic arts organization that establishes, by
proof required by the Department by rule, that it has
received an exemption under Section 501(c)(3) of the Internal
Revenue Code and that is organized and operated for the
presentation of live public performances of musical or
theatrical works on a regular basis.
(4) Personal property purchased by a governmental body,
by a corporation, society, association, foundation, or
institution organized and operated exclusively for
charitable, religious, or educational purposes, or by a
not-for-profit corporation, society, association, foundation,
institution, or organization that has no compensated officers
or employees and that is organized and operated primarily for
the recreation of persons 55 years of age or older. A limited
liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized
and operated exclusively for educational purposes. On and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active exemption identification number issued by the
Department.
(5) A passenger car that is a replacement vehicle to the
extent that the purchase price of the car is subject to the
Replacement Vehicle Tax.
(6) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order, certified by
the purchaser to be used primarily for graphic arts
production, and including machinery and equipment purchased
for lease.
(7) Farm chemicals.
(8) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(10) A motor vehicle of the first division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to provide living
quarters for recreational, camping, or travel use, with
direct walk through to the living quarters from the driver's
seat, or a motor vehicle of the second division that is of
the van configuration designed for the transportation of not
less than 7 nor more than 16 passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used for
automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
and including machinery and equipment purchased for lease,
but excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
(12) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages purchased at retail from a retailer, to
the extent that the proceeds of the service charge are in
fact turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
(14) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment purchased
for lease.
(16) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(17) Distillation machinery and equipment, sold as a
unit or kit, assembled or installed by the retailer,
certified by the user to be used only for the production of
ethyl alcohol that will be used for consumption as motor fuel
or as a component of motor fuel for the personal use of the
user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and
equipment used primarily in the process of manufacturing or
assembling tangible personal property for wholesale or retail
sale or lease, whether that sale or lease is made directly by
the manufacturer or by some other person, whether the
materials used in the process are owned by the manufacturer
or some other person, or whether that sale or lease is made
apart from or as an incident to the seller's engaging in the
service occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar items of no commercial
value on special order for a particular purchaser.
(19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
(20) Semen used for artificial insemination of livestock
for direct agricultural production.
(21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(22) Computers and communications equipment utilized
for any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is
leased in a manner that does not qualify for this exemption
or is used in any other non-exempt manner, the lessor shall
be liable for the tax imposed under this Act or the Service
Use Tax Act, as the case may be, based on the fair market
value of the property at the time the non-qualifying use
occurs. No lessor shall collect or attempt to collect an
amount (however designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by the
lessor. If a lessor improperly collects any such amount from
the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that
amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department.
(23) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed
or in effect at the time the lessor would otherwise be
subject to the tax imposed by this Act, to a governmental
body that has been issued an active sales tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the property is leased
in a manner that does not qualify for this exemption or used
in any other non-exempt manner, the lessor shall be liable
for the tax imposed under this Act or the Service Use Tax
Act, as the case may be, based on the fair market value of
the property at the time the non-qualifying use occurs. No
lessor shall collect or attempt to collect an amount (however
designated) that purports to reimburse that lessor for the
tax imposed by this Act or the Service Use Tax Act, as the
case may be, if the tax has not been paid by the lessor. If
a lessor improperly collects any such amount from the lessee,
the lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable
to pay that amount to the Department.
(24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
eff. 8-9-96; revised 8-21-96.)
Section 2-80. The Service Use Tax Act is amended by
changing Section 3-5 as follows:
(35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by a not-for-profit
music or dramatic arts organization that establishes, by
proof required by the Department by rule, that it has
received an exemption under Section 501(c)(3) of the Internal
Revenue Code and that is organized and operated for the
presentation of live public performances of musical or
theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(5) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order or purchased for
lease, certified by the purchaser to be used primarily for
graphic arts production.
(6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
and including machinery and equipment purchased for lease,
but excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
(8) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages acquired as an incident to the purchase
of a service from a serviceman, to the extent that the
proceeds of the service charge are in fact turned over as
tips or as a substitute for tips to the employees who
participate directly in preparing, serving, hosting or
cleaning up the food or beverage function with respect to
which the service charge is imposed.
(10) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both
new and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(12) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(13) Semen used for artificial insemination of livestock
for direct agricultural production.
(14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is
used in any other non-exempt manner, the lessor shall be
liable for the tax imposed under this Act or the Use Tax Act,
as the case may be, based on the fair market value of the
property at the time the non-qualifying use occurs. No
lessor shall collect or attempt to collect an amount (however
designated) that purports to reimburse that lessor for the
tax imposed by this Act or the Use Tax Act, as the case may
be, if the tax has not been paid by the lessor. If a lessor
improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable
to pay that amount to the Department.
(16) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed or
in effect at the time the lessor would otherwise be subject
to the tax imposed by this Act, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers'
Occupation Tax Act. If the property is leased in a manner
that does not qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the non-qualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Use Tax Act, as the case may be, if the tax has
not been paid by the lessor. If a lessor improperly collects
any such amount from the lessee, the lessee shall have a
legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for
any reason, the lessor is liable to pay that amount to the
Department.
(17) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
eff. 8-9-96; revised 8-21-96.)
Section 2-85. The Service Occupation Tax Act is amended
by changing Section 3-5 as follows:
(35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
Sec. 3-5. Exemptions. The following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the
benefit of persons 65 years of age or older if the personal
property was not purchased by the enterprise for the purpose
of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by any not-for-profit
music or dramatic arts organization that establishes, by
proof required by the Department by rule, that it has
received an exemption under Section 501(c)(3) of the
Internal Revenue Code and that is organized and operated for
the presentation of live public performances of musical or
theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(5) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order or purchased for
lease, certified by the purchaser to be used primarily for
graphic arts production.
(6) Personal property sold by a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
and including machinery and equipment purchased for lease,
but excluding motor vehicles required to be registered under
the Illinois Vehicle Code.
(8) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(10) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment purchased
for lease.
(12) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(13) Food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks and food that has been prepared for
immediate consumption) and prescription and nonprescription
medi