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91_HB4588enr
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1 AN ACT in relation to State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 FY2001 Budget Implementation Act.
6 Section 5. The Illinois Administrative Procedure Act is
7 amended by changing Section 5-45 as follows:
8 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
9 Sec. 5-45. Emergency rulemaking.
10 (a) "Emergency" means the existence of any situation
11 that any agency finds reasonably constitutes a threat to the
12 public interest, safety, or welfare.
13 (b) If any agency finds that an emergency exists that
14 requires adoption of a rule upon fewer days than is required
15 by Section 5-40 and states in writing its reasons for that
16 finding, the agency may adopt an emergency rule without prior
17 notice or hearing upon filing a notice of emergency
18 rulemaking with the Secretary of State under Section 5-70.
19 The notice shall include the text of the emergency rule and
20 shall be published in the Illinois Register. Consent orders
21 or other court orders adopting settlements negotiated by an
22 agency may be adopted under this Section. Subject to
23 applicable constitutional or statutory provisions, an
24 emergency rule becomes effective immediately upon filing
25 under Section 5-65 or at a stated date less than 10 days
26 thereafter. The agency's finding and a statement of the
27 specific reasons for the finding shall be filed with the
28 rule. The agency shall take reasonable and appropriate
29 measures to make emergency rules known to the persons who may
30 be affected by them.
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1 (c) An emergency rule may be effective for a period of
2 not longer than 150 days, but the agency's authority to adopt
3 an identical rule under Section 5-40 is not precluded. No
4 emergency rule may be adopted more than once in any 24 month
5 period, except that this limitation on the number of
6 emergency rules that may be adopted in a 24 month period does
7 not apply to (i) emergency rules that make additions to and
8 deletions from the Drug Manual under Section 5-5.16 of the
9 Illinois Public Aid Code or the generic drug formulary under
10 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
11 (ii) emergency rules adopted by the Pollution Control Board
12 before July 1, 1997 to implement portions of the Livestock
13 Management Facilities Act. Two or more emergency rules
14 having substantially the same purpose and effect shall be
15 deemed to be a single rule for purposes of this Section.
16 (d) In order to provide for the expeditious and timely
17 implementation of the State's fiscal year 1999 budget,
18 emergency rules to implement any provision of Public Act
19 90-587 or 90-588 or any other budget initiative for fiscal
20 year 1999 may be adopted in accordance with this Section by
21 the agency charged with administering that provision or
22 initiative, except that the 24-month limitation on the
23 adoption of emergency rules and the provisions of Sections
24 5-115 and 5-125 do not apply to rules adopted under this
25 subsection (d). The adoption of emergency rules authorized
26 by this subsection (d) shall be deemed to be necessary for
27 the public interest, safety, and welfare.
28 (e) In order to provide for the expeditious and timely
29 implementation of the State's fiscal year 2000 budget,
30 emergency rules to implement any provision of this amendatory
31 Act of the 91st General Assembly or any other budget
32 initiative for fiscal year 2000 may be adopted in accordance
33 with this Section by the agency charged with administering
34 that provision or initiative, except that the 24-month
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1 limitation on the adoption of emergency rules and the
2 provisions of Sections 5-115 and 5-125 do not apply to rules
3 adopted under this subsection (e). The adoption of emergency
4 rules authorized by this subsection (e) shall be deemed to be
5 necessary for the public interest, safety, and welfare.
6 (f) In order to provide for the expeditious and timely
7 implementation of the State's fiscal year 2001 budget,
8 emergency rules to implement any provision of this amendatory
9 Act of the 91st General Assembly or any other budget
10 initiative for fiscal year 2001 may be adopted in accordance
11 with this Section by the agency charged with administering
12 that provision or initiative, except that the 24-month
13 limitation on the adoption of emergency rules and the
14 provisions of Sections 5-115 and 5-125 do not apply to rules
15 adopted under this subsection (f). The adoption of emergency
16 rules authorized by this subsection (f) shall be deemed to be
17 necessary for the public interest, safety, and welfare.
18 (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98; 90-588,
19 eff. 7-1-98; 91-24, eff. 7-1-99; 91-357, eff. 7-29-99.)
20 Section 10. The State Comptroller Act is amended by
21 changing Section 10.05a as follows:
22 (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
23 Sec. 10.05a. Deductions from Warrants and Payments for
24 Satisfaction of Past Due Child Support. At the direction of
25 the Department of Public Aid, the Comptroller shall deduct
26 from a warrant or other payment described in Section 10.05 of
27 this Act, in accordance with the procedures provided therein,
28 and pay over to the Department or the State Disbursement Unit
29 established under Section 10-26 of the Illinois Public Aid
30 Code, at the direction of the Department, that amount
31 certified as necessary to satisfy, in whole or in part, past
32 due support owed by a person on account of support action
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1 being taken by the Department under Article X of the Illinois
2 Public Aid Code, whether or not such support is owed to the
3 State. Such deduction shall have priority over any
4 garnishment except that for payment of state or federal
5 taxes. In the case of joint payees, the Comptroller shall
6 deduct and pay over to the Department or the State
7 Disbursement Unit, as directed by the Department, the entire
8 amount certified. The Comptroller shall provide the
9 Department with the address to which the warrant or other
10 payment was to be mailed and the social security number of
11 each person from whom a deduction is made pursuant to this
12 Section.
13 (Source: P.A. 91-212, eff. 7-20-99.)
14 Section 15. The Children and Family Services Act is
15 amended by changing Section 22.2 as follows:
16 (20 ILCS 505/22.2) (from Ch. 23, par. 5022.2)
17 Sec. 22.2. To provide training programs for the
18 provision of foster care and adoptive care services.
19 Training provided to foster parents shall include training
20 and information on their right to be heard, to bring a
21 mandamus action, and to intervene in juvenile court as set
22 forth under subsection (2) of Section 1-5 of the Juvenile
23 Court Act of 1987 and the availability of the hotline
24 established under Section 35.6 of this Act, that foster
25 parents may use to report incidents of misconduct or
26 violation of rules by Department employees, service
27 providers, or contractors. Monies for such training programs
28 shall be derived from the Department of Children and Family
29 Services Training Fund, hereby created in the State Treasury.
30 Deposits to this fund shall consist of federal financial
31 participation in foster care and adoption care training
32 programs, public and unsolicited private grants and fees for
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1 such training. In addition, with the approval of the
2 Governor, the Department may transfer amounts not exceeding
3 $2,000,000 in each fiscal year from the DCFS Children's
4 Services Fund to the Department of Children and Family
5 Services Training Fund. Disbursements from the Department of
6 Children and Family Services Training Fund shall be made by
7 the Department for foster care and adoptive care training
8 services in accordance with federal standards.
9 (Source: P.A. 88-7.)
10 Section 20. The Department of Revenue Law of the Civil
11 Administrative Code of Illinois is amended by changing
12 Section 2505-650 as follows:
13 (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52)
14 Sec. 2505-650. Collection of past due support. Upon
15 certification of past due child support amounts from the
16 Department of Public Aid, the Department of Revenue may
17 collect the delinquency in any manner authorized for the
18 collection of any tax administered by the Department of
19 Revenue. The Department of Revenue shall notify the
20 Department of Public Aid when the delinquency or any portion
21 of the delinquency has been collected under this Section.
22 Any child support delinquency collected by the Department of
23 Revenue, including those amounts that result in overpayment
24 of a child support delinquency, shall be deposited into the
25 Child Support Enforcement Trust Fund or paid to the State
26 Disbursement Unit established under Section 10-26 of the
27 Illinois Public Aid Code, at the direction of the Department
28 of Public Aid into into. The Department of Revenue may
29 implement this Section through the use of emergency rules in
30 accordance with Section 5-45 of the Illinois Administrative
31 Procedure Act. For purposes of the Illinois Administrative
32 Procedure Act, the adoption of rules to implement this
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1 Section shall be considered an emergency and necessary for
2 the public interest, safety, and welfare.
3 (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99;
4 91-239, eff. 1-1-00; revised 8-5-99.)
5 Section 25. The State Finance Act is amended by changing
6 Section 8.27 as follows:
7 (30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
8 Sec. 8.27. All receipts from federal financial
9 participation in the Foster Care and Adoption Services
10 program under Title IV-E of the federal Social Security Act,
11 including receipts for related indirect costs, but excluding
12 receipts from federal financial participation in such Title
13 IV-E Foster Care and Adoption Training program, shall be
14 deposited in the DCFS Children's Services Fund.
15 Eighty percent of the federal funds received by the
16 Illinois Department of Human Services under the Title IV-A
17 Emergency Assistance program as reimbursement for
18 expenditures made from the Illinois Department of Children
19 and Family Services appropriations for the costs of services
20 in behalf of Department of Children and Family Services
21 clients shall be deposited into the DCFS Children's Services
22 Fund.
23 All receipts from federal financial participation in the
24 Child Welfare Services program under Title IV-B of the
25 federal Social Security Act, including receipts for related
26 indirect costs, shall be deposited into the DCFS Children's
27 Services Fund for those moneys received as reimbursement for
28 services provided on or after July 1, 1994.
29 In addition, as soon as may be practicable after the
30 first day of November, 1994, the Department of Children and
31 Family Services shall request the Comptroller to order
32 transferred and the Treasurer shall transfer the unexpended
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1 balance of the Child Welfare Services Fund to the DCFS
2 Children's Services Fund. Upon completion of the transfer,
3 the Child Welfare Services Fund will be considered dissolved
4 and any outstanding obligations or liabilities of that fund
5 will pass to the DCFS Children's Services Fund.
6 Monies in the Fund may be used by the Department,
7 pursuant to appropriation by the General Assembly, for the
8 ordinary and contingent expenses of the Department.
9 In fiscal year 1988 and in each fiscal year thereafter
10 through fiscal year 2000, the Comptroller shall order
11 transferred and the Treasurer shall transfer an amount of
12 $16,100,000 from the DCFS Children's Services Fund to the
13 General Revenue Fund in the following manner: As soon as may
14 be practicable after the 15th day of September, December,
15 March and June, the Comptroller shall order transferred and
16 the Treasurer shall transfer, to the extent that funds are
17 available, 1/4 of $16,100,000, plus any cumulative
18 deficiencies in such transfers for prior transfer dates
19 during such fiscal year. In no event shall any such transfer
20 reduce the available balance in the DCFS Children's Services
21 Fund below $350,000.
22 In accordance with subsection (q) of Section 5 of the
23 Children and Family Services Act, disbursements from
24 individual children's accounts shall be deposited into the
25 DCFS Children's Services Fund.
26 (Source: P.A. 88-553; 89-21, eff. 6-6-95; 89-507, eff.
27 7-1-97.)
28 Section 28. The General Obligation Bond Act is amended
29 by changing Section 4 as follows:
30 (30 ILCS 330/4) (from Ch. 127, par. 654)
31 Sec. 4. Transportation. The amount of $5,312,270,000 is
32 authorized for use by the Department of Transportation for
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1 the specific purpose of promoting and assuring rapid,
2 efficient, and safe highway, air and mass transportation for
3 the inhabitants of the State by providing monies, including
4 the making of grants and loans, for the acquisition,
5 construction, reconstruction, extension and improvement of
6 the following transportation facilities and equipment, and
7 for the acquisition of real property and interests in real
8 property required or expected to be required in connection
9 therewith as follows:
10 (a) $3,431,000,000 for State highways, arterial
11 highways, freeways, roads, bridges, structures separating
12 highways and railroads and roads, and bridges on roads
13 maintained by counties, municipalities, townships or road
14 districts for the following specific purposes:
15 (1) $3,330,000,000 for use statewide,
16 (2) $3,641,000 for use outside the Chicago
17 urbanized area,
18 (3) $7,543,000 for use within the Chicago urbanized
19 area,
20 (4) $13,060,600 for use within the City of Chicago,
21 (5) $57,894,500 for use within the counties of
22 Cook, DuPage, Kane, Lake, McHenry and Will, and
23 (6) $18,860,900 for use outside the counties of
24 Cook, DuPage, Kane, Lake, McHenry and Will.
25 (b) $1,529,670,000 for rail facilities and for mass
26 transit facilities, as defined in Section 2705-305 of the
27 Department of Transportation Law (20 ILCS 2705/2705-305),
28 including rapid transit, rail, bus and other equipment used
29 in connection therewith by the State or any unit of local
30 government, special transportation district, municipal
31 corporation or other corporation or public authority
32 authorized to provide and promote public transportation
33 within the State or two or more of the foregoing jointly, for
34 the following specific purposes:
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1 (1) $1,433,870,000 statewide,
2 (2) $83,350,000 for use within the counties of
3 Cook, DuPage, Kane, Lake, McHenry and Will,
4 (3) $12,450,000 for use outside the counties of
5 Cook, DuPage, Kane, Lake, McHenry and Will.
6 (c) $351,600,000 for airport or aviation facilities and
7 any equipment used in connection therewith, including
8 engineering and land acquisition costs, by the State or any
9 unit of local government, special transportation district,
10 municipal corporation or other corporation or public
11 authority authorized to provide public transportation within
12 the State, or two or more of the foregoing acting jointly,
13 and for the making of deposits into the Airport Land Loan
14 Revolving Fund for loans to public airport owners pursuant to
15 the Illinois Aeronautics Act.
16 (Source: P.A. 90-8, eff. 12-8-97 (changed from 6-1-98 by P.A.
17 90-549); 90-586, eff. 6-4-98; 91-39, eff. 6-15-99; 91-239,
18 eff. 1-1-00; revised 8-6-99.)
19 Section 30. The Illinois Income Tax Act is amended by
20 changing Section 901 as follows:
21 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
22 Sec. 901. Collection Authority.
23 (a) In general.
24 The Department shall collect the taxes imposed by this
25 Act. The Department shall collect certified past due child
26 support amounts under Section 2505-650 of the Department of
27 Revenue Law (20 ILCS 2505/2505-650). Except as provided in
28 subsections (c) and (e) of this Section, money collected
29 pursuant to subsections (a) and (b) of Section 201 of this
30 Act shall be paid into the General Revenue Fund in the State
31 treasury; money collected pursuant to subsections (c) and (d)
32 of Section 201 of this Act shall be paid into the Personal
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1 Property Tax Replacement Fund, a special fund in the State
2 Treasury; and money collected under Section 2505-650 of the
3 Department of Revenue Law (20 ILCS 2505/2505-650) shall be
4 paid into the Child Support Enforcement Trust Fund, a special
5 fund outside the State Treasury, or to the State Disbursement
6 Unit established under Section 10-26 of the Illinois Public
7 Aid Code, as directed by the Department of Public Aid.
8 (b) Local Governmental Distributive Fund.
9 Beginning August 1, 1969, and continuing through June 30,
10 1994, the Treasurer shall transfer each month from the
11 General Revenue Fund to a special fund in the State treasury,
12 to be known as the "Local Government Distributive Fund", an
13 amount equal to 1/12 of the net revenue realized from the tax
14 imposed by subsections (a) and (b) of Section 201 of this Act
15 during the preceding month. Beginning July 1, 1994, and
16 continuing through June 30, 1995, the Treasurer shall
17 transfer each month from the General Revenue Fund to the
18 Local Government Distributive Fund an amount equal to 1/11 of
19 the net revenue realized from the tax imposed by subsections
20 (a) and (b) of Section 201 of this Act during the preceding
21 month. Beginning July 1, 1995, the Treasurer shall transfer
22 each month from the General Revenue Fund to the Local
23 Government Distributive Fund an amount equal to 1/10 of the
24 net revenue realized from the tax imposed by subsections (a)
25 and (b) of Section 201 of the Illinois Income Tax Act during
26 the preceding month. Net revenue realized for a month shall
27 be defined as the revenue from the tax imposed by subsections
28 (a) and (b) of Section 201 of this Act which is deposited in
29 the General Revenue Fund, the Educational Assistance Fund and
30 the Income Tax Surcharge Local Government Distributive Fund
31 during the month minus the amount paid out of the General
32 Revenue Fund in State warrants during that same month as
33 refunds to taxpayers for overpayment of liability under the
34 tax imposed by subsections (a) and (b) of Section 201 of this
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1 Act.
2 (c) Deposits Into Income Tax Refund Fund.
3 (1) Beginning on January 1, 1989 and thereafter,
4 the Department shall deposit a percentage of the amounts
5 collected pursuant to subsections (a) and (b)(1), (2),
6 and (3), of Section 201 of this Act into a fund in the
7 State treasury known as the Income Tax Refund Fund. The
8 Department shall deposit 6% of such amounts during the
9 period beginning January 1, 1989 and ending on June 30,
10 1989. Beginning with State fiscal year 1990 and for each
11 fiscal year thereafter, the percentage deposited into the
12 Income Tax Refund Fund during a fiscal year shall be the
13 Annual Percentage. For fiscal years 1999 through 2001,
14 the Annual Percentage shall be 7.1%. For all other
15 fiscal years, the Annual Percentage shall be calculated
16 as a fraction, the numerator of which shall be the amount
17 of refunds approved for payment by the Department during
18 the preceding fiscal year as a result of overpayment of
19 tax liability under subsections (a) and (b)(1), (2), and
20 (3) of Section 201 of this Act plus the amount of such
21 refunds remaining approved but unpaid at the end of the
22 preceding fiscal year, the denominator of which shall be
23 the amounts which will be collected pursuant to
24 subsections (a) and (b)(1), (2), and (3) of Section 201
25 of this Act during the preceding fiscal year. The
26 Director of Revenue shall certify the Annual Percentage
27 to the Comptroller on the last business day of the fiscal
28 year immediately preceding the fiscal year for which it
29 is to be effective.
30 (2) Beginning on January 1, 1989 and thereafter,
31 the Department shall deposit a percentage of the amounts
32 collected pursuant to subsections (a) and (b)(6), (7),
33 and (8), (c) and (d) of Section 201 of this Act into a
34 fund in the State treasury known as the Income Tax Refund
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1 Fund. The Department shall deposit 18% of such amounts
2 during the period beginning January 1, 1989 and ending on
3 June 30, 1989. Beginning with State fiscal year 1990 and
4 for each fiscal year thereafter, the percentage deposited
5 into the Income Tax Refund Fund during a fiscal year
6 shall be the Annual Percentage. For fiscal years 1999,
7 2000, and 2001, the Annual Percentage shall be 19%. For
8 all other fiscal years, the Annual Percentage shall be
9 calculated as a fraction, the numerator of which shall be
10 the amount of refunds approved for payment by the
11 Department during the preceding fiscal year as a result
12 of overpayment of tax liability under subsections (a) and
13 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
14 Act plus the amount of such refunds remaining approved
15 but unpaid at the end of the preceding fiscal year, the
16 denominator of which shall be the amounts which will be
17 collected pursuant to subsections (a) and (b)(6), (7),
18 and (8), (c) and (d) of Section 201 of this Act during
19 the preceding fiscal year. The Director of Revenue shall
20 certify the Annual Percentage to the Comptroller on the
21 last business day of the fiscal year immediately
22 preceding the fiscal year for which it is to be
23 effective.
24 (d) Expenditures from Income Tax Refund Fund.
25 (1) Beginning January 1, 1989, money in the Income
26 Tax Refund Fund shall be expended exclusively for the
27 purpose of paying refunds resulting from overpayment of
28 tax liability under Section 201 of this Act and for
29 making transfers pursuant to this subsection (d).
30 (2) The Director shall order payment of refunds
31 resulting from overpayment of tax liability under Section
32 201 of this Act from the Income Tax Refund Fund only to
33 the extent that amounts collected pursuant to Section 201
34 of this Act and transfers pursuant to this subsection (d)
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1 have been deposited and retained in the Fund.
2 (3) As soon as possible after the end of each
3 fiscal year, the Director shall order transferred and the
4 State Treasurer and State Comptroller shall transfer from
5 the Income Tax Refund Fund to the Personal Property Tax
6 Replacement Fund an amount, certified by the Director to
7 the Comptroller, equal to the excess of the amount
8 collected pursuant to subsections (c) and (d) of Section
9 201 of this Act deposited into the Income Tax Refund Fund
10 during the fiscal year over the amount of refunds
11 resulting from overpayment of tax liability under
12 subsections (c) and (d) of Section 201 of this Act paid
13 from the Income Tax Refund Fund during the fiscal year.
14 (4) As soon as possible after the end of each
15 fiscal year, the Director shall order transferred and the
16 State Treasurer and State Comptroller shall transfer from
17 the Personal Property Tax Replacement Fund to the Income
18 Tax Refund Fund an amount, certified by the Director to
19 the Comptroller, equal to the excess of the amount of
20 refunds resulting from overpayment of tax liability under
21 subsections (c) and (d) of Section 201 of this Act paid
22 from the Income Tax Refund Fund during the fiscal year
23 over the amount collected pursuant to subsections (c) and
24 (d) of Section 201 of this Act deposited into the Income
25 Tax Refund Fund during the fiscal year.
26 (4.5) As soon as possible after the end of fiscal
27 year 1999 and of each fiscal year thereafter, the
28 Director shall order transferred and the State Treasurer
29 and State Comptroller shall transfer from the Income Tax
30 Refund Fund to the General Revenue Fund any surplus
31 remaining in the Income Tax Refund Fund as of the end of
32 such fiscal year.
33 (5) This Act shall constitute an irrevocable and
34 continuing appropriation from the Income Tax Refund Fund
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1 for the purpose of paying refunds upon the order of the
2 Director in accordance with the provisions of this
3 Section.
4 (e) Deposits into the Education Assistance Fund and the
5 Income Tax Surcharge Local Government Distributive Fund.
6 On July 1, 1991, and thereafter, of the amounts collected
7 pursuant to subsections (a) and (b) of Section 201 of this
8 Act, minus deposits into the Income Tax Refund Fund, the
9 Department shall deposit 7.3% into the Education Assistance
10 Fund in the State Treasury. Beginning July 1, 1991, and
11 continuing through January 31, 1993, of the amounts collected
12 pursuant to subsections (a) and (b) of Section 201 of the
13 Illinois Income Tax Act, minus deposits into the Income Tax
14 Refund Fund, the Department shall deposit 3.0% into the
15 Income Tax Surcharge Local Government Distributive Fund in
16 the State Treasury. Beginning February 1, 1993 and
17 continuing through June 30, 1993, of the amounts collected
18 pursuant to subsections (a) and (b) of Section 201 of the
19 Illinois Income Tax Act, minus deposits into the Income Tax
20 Refund Fund, the Department shall deposit 4.4% into the
21 Income Tax Surcharge Local Government Distributive Fund in
22 the State Treasury. Beginning July 1, 1993, and continuing
23 through June 30, 1994, of the amounts collected under
24 subsections (a) and (b) of Section 201 of this Act, minus
25 deposits into the Income Tax Refund Fund, the Department
26 shall deposit 1.475% into the Income Tax Surcharge Local
27 Government Distributive Fund in the State Treasury.
28 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
29 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.)
30 Section 33. The Upper Illinois River Valley Development
31 Authority Act is amended by adding Section 6.1 as follows:
32 (70 ILCS 530/6.1 new)
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1 Sec. 6.1. Tax avoidance. Notwithstanding any other
2 provision of law, the Authority shall not enter into any
3 agreement providing for the purchase and lease of tangible
4 personal property that results in the avoidance of taxation
5 under the Retailers' Occupation Tax Act, the Use Tax Act, the
6 Service Use Tax Act, or the Service Occupation Tax Act,
7 without the prior written consent of the Governor.
8 Section 35. The Ambulatory Surgical Treatment Center Act
9 is amended by changing Section 8 as follows:
10 (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8)
11 Sec. 8. Facility plan review; fees.
12 (a) Before commencing construction of new facilities or
13 specified types of alteration or additions to an existing
14 ambulatory surgical treatment center involving major
15 construction, as defined by rule by the Department, with an
16 estimated cost greater than $100,000, architectural drawings
17 and specifications therefor shall be submitted to the
18 Department for review and approval. A facility may submit
19 architectural drawings and specifications for other
20 construction projects for Department review according to
21 subsection (b) that shall not be subject to fees under
22 subsection (d). Review of drawings and specifications shall
23 be conducted by an employee of the Department meeting the
24 qualifications established by the Department of Central
25 Management Services class specifications for such an
26 individual's position or by a person contracting with the
27 Department who meets those class specifications. Final
28 approval of the drawings and specifications for compliance
29 with design and construction standards shall be obtained from
30 the Department before the alteration, addition, or new
31 construction is begun.
32 (b) The Department shall inform an applicant in writing
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1 within 10 working days after receiving drawings and
2 specifications and the required fee, if any, from the
3 applicant whether the applicant's submission is complete or
4 incomplete. Failure to provide the applicant with this
5 notice within 10 working days shall result in the submission
6 being deemed complete for purposes of initiating the 60-day
7 review period under this Section. If the submission is
8 incomplete, the Department shall inform the applicant of the
9 deficiencies with the submission in writing. If the
10 submission is complete and the required fee, if any, has been
11 paid, the Department shall approve or disapprove drawings and
12 specifications submitted to the Department no later than 60
13 days following receipt by the Department. The drawings and
14 specifications shall be of sufficient detail, as provided by
15 Department rule, to enable the Department to render a
16 determination of compliance with design and construction
17 standards under this Act. If the Department finds that the
18 drawings are not of sufficient detail for it to render a
19 determination of compliance, the plans shall be determined to
20 be incomplete and shall not be considered for purposes of
21 initiating the 60 day review period. If a submission of
22 drawings and specifications is incomplete, the applicant may
23 submit additional information. The 60-day review period
24 shall not commence until the Department determines that a
25 submission of drawings and specifications is complete or the
26 submission is deemed complete. If the Department has not
27 approved or disapproved the drawings and specifications
28 within 60 days, the construction, major alteration, or
29 addition shall be deemed approved. If the drawings and
30 specifications are disapproved, the Department shall state in
31 writing, with specificity, the reasons for the disapproval.
32 The entity submitting the drawings and specifications may
33 submit additional information in response to the written
34 comments from the Department or request a reconsideration of
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1 the disapproval. A final decision of approval or disapproval
2 shall be made within 45 days of the receipt of the additional
3 information or reconsideration request. If denied, the
4 Department shall state the specific reasons for the denial.
5 (c) The Department shall provide written approval for
6 occupancy pursuant to subsection (g) and shall not issue a
7 violation to a facility as a result of a licensure or
8 complaint survey based upon the facility's physical structure
9 if:
10 (1) the Department reviewed and approved or deemed
11 approved the drawings and specifications for compliance
12 with design and construction standards;
13 (2) the construction, major alteration, or addition
14 was built as submitted;
15 (3) the law or rules have not been amended since
16 the original approval; and
17 (4) the conditions at the facility indicate that
18 there is a reasonable degree of safety provided for the
19 patients.
20 (d) The Department shall charge the following fees in
21 connection with its reviews conducted before June 30, 2004
22 2000 under this Section:
23 (1) (Blank).
24 (2) (Blank).
25 (3) If the estimated dollar value of the
26 alteration, addition, or new construction is $100,000 or
27 more but less than $500,000, the fee shall be the greater
28 of $2,400 or 1.2% of that value.
29 (4) If the estimated dollar value of the
30 alteration, addition, or new construction is $500,000 or
31 more but less than $1,000,000, the fee shall be the
32 greater of $6,000 or 0.96% of that value.
33 (5) If the estimated dollar value of the
34 alteration, addition, or new construction is $1,000,000
HB4588 Enrolled -18- LRB9112936REdv
1 or more but less than $5,000,000, the fee shall be the
2 greater of $9,600 or 0.22% of that value.
3 (6) If the estimated dollar value of the
4 alteration, addition, or new construction is $5,000,000
5 or more, the fee shall be the greater of $11,000 or 0.11%
6 of that value, but shall not exceed $40,000.
7 The fees provided in this subsection (d) shall not apply
8 to major construction projects involving facility changes
9 that are required by Department rule amendments.
10 The fees provided in this subsection (d) shall also not
11 apply to major construction projects if 51% or more of the
12 estimated cost of the project is attributed to capital
13 equipment. For major construction projects where 51% or more
14 of the estimated cost of the project is attributed to capital
15 equipment, the Department shall by rule establish a fee that
16 is reasonably related to the cost of reviewing the project.
17 The Department shall not commence the facility plan
18 review process under this Section until the applicable fee
19 has been paid.
20 (e) All fees received by the Department under this
21 Section shall be deposited into the Health Facility Plan
22 Review Fund, a special fund created in the State Treasury.
23 Moneys shall be appropriated from that Fund to the Department
24 only to pay the costs of conducting reviews under this
25 Section. All fees paid by ambulatory surgical treatment
26 centers under subsection (d) shall be used only to cover the
27 costs relating to the Department's review of ambulatory
28 surgical treatment center projects under this Section. None
29 of the moneys in the Health Facility Plan Review Fund shall
30 be used to reduce the amount of General Revenue Fund moneys
31 appropriated to the Department for facility plan reviews
32 conducted pursuant to this Section.
33 (f) (1) The provisions of this amendatory Act of 1997
34 concerning drawings and specifications shall apply only
HB4588 Enrolled -19- LRB9112936REdv
1 to drawings and specifications submitted to the
2 Department on or after October 1, 1997.
3 (2) On and after the effective date of this
4 amendatory Act of 1997 and before October 1, 1997, an
5 applicant may submit or resubmit drawings and
6 specifications to the Department and pay the fees
7 provided in subsection (d). If an applicant pays the
8 fees provided in subsection (d) under this paragraph (2),
9 the provisions of subsection (b) shall apply with regard
10 to those drawings and specifications.
11 (g) The Department shall conduct an on-site inspection
12 of the completed project no later than 30 days after
13 notification from the applicant that the project has been
14 completed and all certifications required by the Department
15 have been received and accepted by the Department. The
16 Department shall provide written approval for occupancy to
17 the applicant within 5 working days of the Department's final
18 inspection, provided the applicant has demonstrated
19 substantial compliance as defined by Department rule.
20 Occupancy of new major construction is prohibited until
21 Department approval is received, unless the Department has
22 not acted within the time frames provided in this subsection
23 (g), in which case the construction shall be deemed approved.
24 Occupancy shall be authorized after any required health
25 inspection by the Department has been conducted.
26 (h) The Department shall establish, by rule, a procedure
27 to conduct interim on-site review of large or complex
28 construction projects.
29 (i) The Department shall establish, by rule, an
30 expedited process for emergency repairs or replacement of
31 like equipment.
32 (j) Nothing in this Section shall be construed to apply
33 to maintenance, upkeep, or renovation that does not affect
34 the structural integrity of the building, does not add beds
HB4588 Enrolled -20- LRB9112936REdv
1 or services over the number for which the facility is
2 licensed, and provides a reasonable degree of safety for the
3 patients.
4 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
5 Section 40. The Nursing Home Care Act is amended by
6 changing Section 3-202.5 as follows:
7 (210 ILCS 45/3-202.5)
8 Sec. 3-202.5. Facility plan review; fees.
9 (a) Before commencing construction of a new facility or
10 specified types of alteration or additions to an existing
11 long term care facility involving major construction, as
12 defined by rule by the Department, with an estimated cost
13 greater than $100,000, architectural drawings and
14 specifications for the facility shall be submitted to the
15 Department for review and approval. A facility may submit
16 architectural drawings and specifications for other
17 construction projects for Department review according to
18 subsection (b) that shall not be subject to fees under
19 subsection (d). Review of drawings and specifications shall
20 be conducted by an employee of the Department meeting the
21 qualifications established by the Department of Central
22 Management Services class specifications for such an
23 individual's position or by a person contracting with the
24 Department who meets those class specifications. Final
25 approval of the drawings and specifications for compliance
26 with design and construction standards shall be obtained from
27 the Department before the alteration, addition, or new
28 construction is begun.
29 (b) The Department shall inform an applicant in writing
30 within 10 working days after receiving drawings and
31 specifications and the required fee, if any, from the
32 applicant whether the applicant's submission is complete or
HB4588 Enrolled -21- LRB9112936REdv
1 incomplete. Failure to provide the applicant with this
2 notice within 10 working days shall result in the submission
3 being deemed complete for purposes of initiating the 60-day
4 review period under this Section. If the submission is
5 incomplete, the Department shall inform the applicant of the
6 deficiencies with the submission in writing. If the
7 submission is complete the required fee, if any, has been
8 paid, the Department shall approve or disapprove drawings and
9 specifications submitted to the Department no later than 60
10 days following receipt by the Department. The drawings and
11 specifications shall be of sufficient detail, as provided by
12 Department rule, to enable the Department to render a
13 determination of compliance with design and construction
14 standards under this Act. If the Department finds that the
15 drawings are not of sufficient detail for it to render a
16 determination of compliance, the plans shall be determined to
17 be incomplete and shall not be considered for purposes of
18 initiating the 60 day review period. If a submission of
19 drawings and specifications is incomplete, the applicant may
20 submit additional information. The 60-day review period
21 shall not commence until the Department determines that a
22 submission of drawings and specifications is complete or the
23 submission is deemed complete. If the Department has not
24 approved or disapproved the drawings and specifications
25 within 60 days, the construction, major alteration, or
26 addition shall be deemed approved. If the drawings and
27 specifications are disapproved, the Department shall state in
28 writing, with specificity, the reasons for the disapproval.
29 The entity submitting the drawings and specifications may
30 submit additional information in response to the written
31 comments from the Department or request a reconsideration of
32 the disapproval. A final decision of approval or disapproval
33 shall be made within 45 days of the receipt of the additional
34 information or reconsideration request. If denied, the
HB4588 Enrolled -22- LRB9112936REdv
1 Department shall state the specific reasons for the denial.
2 (c) The Department shall provide written approval for
3 occupancy pursuant to subsection (g) and shall not issue a
4 violation to a facility as a result of a licensure or
5 complaint survey based upon the facility's physical structure
6 if:
7 (1) the Department reviewed and approved or deemed
8 approved the drawings and specifications for compliance
9 with design and construction standards;
10 (2) the construction, major alteration, or addition
11 was built as submitted;
12 (3) the law or rules have not been amended since
13 the original approval; and
14 (4) the conditions at the facility indicate that
15 there is a reasonable degree of safety provided for the
16 residents.
17 (d) The Department shall charge the following fees in
18 connection with its reviews conducted before June 30, 2004
19 2000 under this Section:
20 (1) (Blank).
21 (2) (Blank).
22 (3) If the estimated dollar value of the
23 alteration, addition, or new construction is $100,000 or
24 more but less than $500,000, the fee shall be the greater
25 of $2,400 or 1.2% of that value.
26 (4) If the estimated dollar value of the
27 alteration, addition, or new construction is $500,000 or
28 more but less than $1,000,000, the fee shall be the
29 greater of $6,000 or 0.96% of that value.
30 (5) If the estimated dollar value of the
31 alteration, addition, or new construction is $1,000,000
32 or more but less than $5,000,000, the fee shall be the
33 greater of $9,600 or 0.22% of that value.
34 (6) If the estimated dollar value of the
HB4588 Enrolled -23- LRB9112936REdv
1 alteration, addition, or new construction is $5,000,000
2 or more, the fee shall be the greater of $11,000 or 0.11%
3 of that value, but shall not exceed $40,000.
4 The fees provided in this subsection (d) shall not apply
5 to major construction projects involving facility changes
6 that are required by Department rule amendments.
7 The fees provided in this subsection (d) shall also not
8 apply to major construction projects if 51% or more of the
9 estimated cost of the project is attributed to capital
10 equipment. For major construction projects where 51% or more
11 of the estimated cost of the project is attributed to capital
12 equipment, the Department shall by rule establish a fee that
13 is reasonably related to the cost of reviewing the project.
14 The Department shall not commence the facility plan
15 review process under this Section until the applicable fee
16 has been paid.
17 (e) All fees received by the Department under this
18 Section shall be deposited into the Health Facility Plan
19 Review Fund, a special fund created in the State Treasury.
20 All fees paid by long-term care facilities under subsection
21 (d) shall be used only to cover the costs relating to the
22 Department's review of long-term care facility projects under
23 this Section. Moneys shall be appropriated from that Fund to
24 the Department only to pay the costs of conducting reviews
25 under this Section. None of the moneys in the Health Facility
26 Plan Review Fund shall be used to reduce the amount of
27 General Revenue Fund moneys appropriated to the Department
28 for facility plan reviews conducted pursuant to this Section.
29 (f) (1) The provisions of this amendatory Act of 1997
30 concerning drawings and specifications shall apply only
31 to drawings and specifications submitted to the
32 Department on or after October 1, 1997.
33 (2) On and after the effective date of this
34 amendatory Act of 1997 and before October 1, 1997, an
HB4588 Enrolled -24- LRB9112936REdv
1 applicant may submit or resubmit drawings and
2 specifications to the Department and pay the fees
3 provided in subsection (d). If an applicant pays the
4 fees provided in subsection (d) under this paragraph (2),
5 the provisions of subsection (b) shall apply with regard
6 to those drawings and specifications.
7 (g) The Department shall conduct an on-site inspection
8 of the completed project no later than 30 days after
9 notification from the applicant that the project has been
10 completed and all certifications required by the Department
11 have been received and accepted by the Department. The
12 Department shall provide written approval for occupancy to
13 the applicant within 5 working days of the Department's final
14 inspection, provided the applicant has demonstrated
15 substantial compliance as defined by Department rule.
16 Occupancy of new major construction is prohibited until
17 Department approval is received, unless the Department has
18 not acted within the time frames provided in this subsection
19 (g), in which case the construction shall be deemed approved.
20 Occupancy shall be authorized after any required health
21 inspection by the Department has been conducted.
22 (h) The Department shall establish, by rule, a procedure
23 to conduct interim on-site review of large or complex
24 construction projects.
25 (i) The Department shall establish, by rule, an
26 expedited process for emergency repairs or replacement of
27 like equipment.
28 (j) Nothing in this Section shall be construed to apply
29 to maintenance, upkeep, or renovation that does not affect
30 the structural integrity of the building, does not add beds
31 or services over the number for which the long-term care
32 facility is licensed, and provides a reasonable degree of
33 safety for the residents.
34 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
HB4588 Enrolled -25- LRB9112936REdv
1 Section 45. The Hospital Licensing Act is amended by
2 changing Section 8 as follows:
3 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
4 Sec. 8. Facility plan review; fees.
5 (a) Before commencing construction of new facilities or
6 specified types of alteration or additions to an existing
7 hospital involving major construction, as defined by rule by
8 the Department, with an estimated cost greater than $100,000,
9 architectural plans and specifications therefor shall be
10 submitted by the licensee to the Department for review and
11 approval. A hospital may submit architectural drawings and
12 specifications for other construction projects for Department
13 review according to subsection (b) that shall not be subject
14 to fees under subsection (d). Review of drawings and
15 specifications shall be conducted by an employee of the
16 Department meeting the qualifications established by the
17 Department of Central Management Services class
18 specifications for such an individual's position or by a
19 person contracting with the Department who meets those class
20 specifications. Final approval of the plans and
21 specifications for compliance with design and construction
22 standards shall be obtained from the Department before the
23 alteration, addition, or new construction is begun.
24 (b) The Department shall inform an applicant in writing
25 within 10 working days after receiving drawings and
26 specifications and the required fee, if any, from the
27 applicant whether the applicant's submission is complete or
28 incomplete. Failure to provide the applicant with this
29 notice within 10 working days shall result in the submission
30 being deemed complete for purposes of initiating the 60-day
31 review period under this Section. If the submission is
32 incomplete, the Department shall inform the applicant of the
33 deficiencies with the submission in writing. If the
HB4588 Enrolled -26- LRB9112936REdv
1 submission is complete and the required fee, if any, has been
2 paid, the Department shall approve or disapprove drawings and
3 specifications submitted to the Department no later than 60
4 days following receipt by the Department. The drawings and
5 specifications shall be of sufficient detail, as provided by
6 Department rule, to enable the Department to render a
7 determination of compliance with design and construction
8 standards under this Act. If the Department finds that the
9 drawings are not of sufficient detail for it to render a
10 determination of compliance, the plans shall be determined to
11 be incomplete and shall not be considered for purposes of
12 initiating the 60 day review period. If a submission of
13 drawings and specifications is incomplete, the applicant may
14 submit additional information. The 60-day review period
15 shall not commence until the Department determines that a
16 submission of drawings and specifications is complete or the
17 submission is deemed complete. If the Department has not
18 approved or disapproved the drawings and specifications
19 within 60 days, the construction, major alteration, or
20 addition shall be deemed approved. If the drawings and
21 specifications are disapproved, the Department shall state in
22 writing, with specificity, the reasons for the disapproval.
23 The entity submitting the drawings and specifications may
24 submit additional information in response to the written
25 comments from the Department or request a reconsideration of
26 the disapproval. A final decision of approval or disapproval
27 shall be made within 45 days of the receipt of the additional
28 information or reconsideration request. If denied, the
29 Department shall state the specific reasons for the denial.
30 (c) The Department shall provide written approval for
31 occupancy pursuant to subsection (g) and shall not issue a
32 violation to a facility as a result of a licensure or
33 complaint survey based upon the facility's physical structure
34 if:
HB4588 Enrolled -27- LRB9112936REdv
1 (1) the Department reviewed and approved or deemed
2 approved the drawing and specifications for compliance
3 with design and construction standards;
4 (2) the construction, major alteration, or addition
5 was built as submitted;
6 (3) the law or rules have not been amended since
7 the original approval; and
8 (4) the conditions at the facility indicate that
9 there is a reasonable degree of safety provided for the
10 patients.
11 (d) The Department shall charge the following fees in
12 connection with its reviews conducted before June 30, 2004
13 2000 under this Section:
14 (1) (Blank).
15 (2) (Blank).
16 (3) If the estimated dollar value of the
17 alteration, addition, or new construction is $100,000 or
18 more but less than $500,000, the fee shall be the greater
19 of $2,400 or 1.2% of that value.
20 (4) If the estimated dollar value of the
21 alteration, addition, or new construction is $500,000 or
22 more but less than $1,000,000, the fee shall be the
23 greater of $6,000 or 0.96% of that value.
24 (5) If the estimated dollar value of the
25 alteration, addition, or new construction is $1,000,000
26 or more but less than $5,000,000, the fee shall be the
27 greater of $9,600 or 0.22% of that value.
28 (6) If the estimated dollar value of the
29 alteration, addition, or new construction is $5,000,000
30 or more, the fee shall be the greater of $11,000 or 0.11%
31 of that value, but shall not exceed $40,000.
32 The fees provided in this subsection (d) shall not apply
33 to major construction projects involving facility changes
34 that are required by Department rule amendments.
HB4588 Enrolled -28- LRB9112936REdv
1 The fees provided in this subsection (d) shall also not
2 apply to major construction projects if 51% or more of the
3 estimated cost of the project is attributed to capital
4 equipment. For major construction projects where 51% or more
5 of the estimated cost of the project is attributed to capital
6 equipment, the Department shall by rule establish a fee that
7 is reasonably related to the cost of reviewing the project.
8 The Department shall not commence the facility plan
9 review process under this Section until the applicable fee
10 has been paid.
11 (e) All fees received by the Department under this
12 Section shall be deposited into the Health Facility Plan
13 Review Fund, a special fund created in the State treasury.
14 All fees paid by hospitals under subsection (d) shall be used
15 only to cover the costs relating to the Department's review
16 of hospital projects under this Section. Moneys shall be
17 appropriated from that Fund to the Department only to pay the
18 costs of conducting reviews under this Section. None of the
19 moneys in the Health Facility Plan Review Fund shall be used
20 to reduce the amount of General Revenue Fund moneys
21 appropriated to the Department for facility plan reviews
22 conducted pursuant to this Section.
23 (f) (1) The provisions of this amendatory Act of 1997
24 concerning drawings and specifications shall apply only
25 to drawings and specifications submitted to the
26 Department on or after October 1, 1997.
27 (2) On and after the effective date of this
28 amendatory Act of 1997 and before October 1, 1997, an
29 applicant may submit or resubmit drawings and
30 specifications to the Department and pay the fees
31 provided in subsection (d). If an applicant pays the
32 fees provided in subsection (d) under this paragraph (2),
33 the provisions of subsection (b) shall apply with regard
34 to those drawings and specifications.
HB4588 Enrolled -29- LRB9112936REdv
1 (g) The Department shall conduct an on-site inspection
2 of the completed project no later than 30 days after
3 notification from the applicant that the project has been
4 completed and all certifications required by the Department
5 have been received and accepted by the Department. The
6 Department shall provide written approval for occupancy to
7 the applicant within 5 working days of the Department's final
8 inspection, provided the applicant has demonstrated
9 substantial compliance as defined by Department rule.
10 Occupancy of new major construction is prohibited until
11 Department approval is received, unless the Department has
12 not acted within the time frames provided in this subsection
13 (g), in which case the construction shall be deemed approved.
14 Occupancy shall be authorized after any required health
15 inspection by the Department has been conducted.
16 (h) The Department shall establish, by rule, a procedure
17 to conduct interim on-site review of large or complex
18 construction projects.
19 (i) The Department shall establish, by rule, an
20 expedited process for emergency repairs or replacement of
21 like equipment.
22 (j) Nothing in this Section shall be construed to apply
23 to maintenance, upkeep, or renovation that does not affect
24 the structural integrity of the building, does not add beds
25 or services over the number for which the facility is
26 licensed, and provides a reasonable degree of safety for the
27 patients.
28 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
29 Section 50. The Children's Health Insurance Program Act
30 is amended by changing Section 97 as follows:
31 (215 ILCS 106/97)
32 (Section scheduled to be repealed on June 30, 2001)
HB4588 Enrolled -30- LRB9112936REdv
1 Sec. 97. Repealer. This Act is repealed on July 1, 2002
2 June 30, 2001.
3 (Source: P.A. 90-736, eff. 8-12-98.)
4 Section 55. The Illinois Public Aid Code is amended by
5 changing Sections 5-2, 5-5.4, 10-26, 12-4.34, 12-10.2, and
6 12-10.4 and adding Section 12-8.1 as follows:
7 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
8 Sec. 5-2. Classes of Persons Eligible. Medical
9 assistance under this Article shall be available to any of
10 the following classes of persons in respect to whom a plan
11 for coverage has been submitted to the Governor by the
12 Illinois Department and approved by him:
13 1. Recipients of basic maintenance grants under Articles
14 III and IV.
15 2. Persons otherwise eligible for basic maintenance
16 under Articles III and IV but who fail to qualify thereunder
17 on the basis of need, and who have insufficient income and
18 resources to meet the costs of necessary medical care,
19 including but not limited to, all persons who would be
20 determined eligible for such basic maintenance under Article
21 IV by disregarding the maximum earned income permitted by
22 federal law.
23 3. Persons who would otherwise qualify for Aid to the
24 Medically Indigent under Article VII.
25 4. Persons not eligible under any of the preceding
26 paragraphs who fall sick, are injured, or die, not having
27 sufficient money, property or other resources to meet the
28 costs of necessary medical care or funeral and burial
29 expenses.
30 5. (a) Women during pregnancy, after the fact of
31 pregnancy has been determined by medical diagnosis, and
32 during the 60-day period beginning on the last day of the
HB4588 Enrolled -31- LRB9112936REdv
1 pregnancy, together with their infants and children born
2 after September 30, 1983, whose income and resources are
3 insufficient to meet the costs of necessary medical care
4 to the maximum extent possible under Title XIX of the
5 Federal Social Security Act.
6 (b) The Illinois Department and the Governor shall
7 provide a plan for coverage of the persons eligible under
8 paragraph 5(a) by April 1, 1990. Such plan shall provide
9 ambulatory prenatal care to pregnant women during a
10 presumptive eligibility period and establish an income
11 eligibility standard that is equal to 133% of the nonfarm
12 income official poverty line, as defined by the federal
13 Office of Management and Budget and revised annually in
14 accordance with Section 673(2) of the Omnibus Budget
15 Reconciliation Act of 1981, applicable to families of the
16 same size, provided that costs incurred for medical care
17 are not taken into account in determining such income
18 eligibility.
19 (c) The Illinois Department may conduct a
20 demonstration in at least one county that will provide
21 medical assistance to pregnant women, together with their
22 infants and children up to one year of age, where the
23 income eligibility standard is set up to 185% of the
24 nonfarm income official poverty line, as defined by the
25 federal Office of Management and Budget. The Illinois
26 Department shall seek and obtain necessary authorization
27 provided under federal law to implement such a
28 demonstration. Such demonstration may establish resource
29 standards that are not more restrictive than those
30 established under Article IV of this Code.
31 6. Persons under the age of 18 who fail to qualify as
32 dependent under Article IV and who have insufficient income
33 and resources to meet the costs of necessary medical care to
34 the maximum extent permitted under Title XIX of the Federal
HB4588 Enrolled -32- LRB9112936REdv
1 Social Security Act.
2 7. Persons who are 18 years of age or younger and would
3 qualify as disabled as defined under the Federal Supplemental
4 Security Income Program, provided medical service for such
5 persons would be eligible for Federal Financial
6 Participation, and provided the Illinois Department
7 determines that:
8 (a) the person requires a level of care provided by
9 a hospital, skilled nursing facility, or intermediate
10 care facility, as determined by a physician licensed to
11 practice medicine in all its branches;
12 (b) it is appropriate to provide such care outside
13 of an institution, as determined by a physician licensed
14 to practice medicine in all its branches;
15 (c) the estimated amount which would be expended
16 for care outside the institution is not greater than the
17 estimated amount which would be expended in an
18 institution.
19 8. Persons who become ineligible for basic maintenance
20 assistance under Article IV of this Code in programs
21 administered by the Illinois Department due to employment
22 earnings and persons in assistance units comprised of adults
23 and children who become ineligible for basic maintenance
24 assistance under Article VI of this Code due to employment
25 earnings. The plan for coverage for this class of persons
26 shall:
27 (a) extend the medical assistance coverage for up
28 to 12 months following termination of basic maintenance
29 assistance; and
30 (b) offer persons who have initially received 6
31 months of the coverage provided in paragraph (a) above,
32 the option of receiving an additional 6 months of
33 coverage, subject to the following:
34 (i) such coverage shall be pursuant to
HB4588 Enrolled -33- LRB9112936REdv
1 provisions of the federal Social Security Act;
2 (ii) such coverage shall include all services
3 covered while the person was eligible for basic
4 maintenance assistance;
5 (iii) no premium shall be charged for such
6 coverage; and
7 (iv) such coverage shall be suspended in the
8 event of a person's failure without good cause to
9 file in a timely fashion reports required for this
10 coverage under the Social Security Act and coverage
11 shall be reinstated upon the filing of such reports
12 if the person remains otherwise eligible.
13 9. Persons with acquired immunodeficiency syndrome
14 (AIDS) or with AIDS-related conditions with respect to whom
15 there has been a determination that but for home or
16 community-based services such individuals would require the
17 level of care provided in an inpatient hospital, skilled
18 nursing facility or intermediate care facility the cost of
19 which is reimbursed under this Article. Assistance shall be
20 provided to such persons to the maximum extent permitted
21 under Title XIX of the Federal Social Security Act.
22 10. Participants in the long-term care insurance
23 partnership program established under the Partnership for
24 Long-Term Care Act who meet the qualifications for protection
25 of resources described in Section 25 of that Act.
26 11. Persons with disabilities who are employed and
27 eligible for Medicaid, pursuant to Section
28 1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
29 provided by the Illinois Department by rule.
30 The Illinois Department and the Governor shall provide a
31 plan for coverage of the persons eligible under paragraph 7
32 as soon as possible after July 1, 1984.
33 The eligibility of any such person for medical assistance
34 under this Article is not affected by the payment of any
HB4588 Enrolled -34- LRB9112936REdv
1 grant under the Senior Citizens and Disabled Persons Property
2 Tax Relief and Pharmaceutical Assistance Act or any
3 distributions or items of income described under subparagraph
4 (X) of paragraph (2) of subsection (a) of Section 203 of the
5 Illinois Income Tax Act. The Department shall by rule
6 establish the amounts of assets to be disregarded in
7 determining eligibility for medical assistance, which shall
8 at a minimum equal the amounts to be disregarded under the
9 Federal Supplemental Security Income Program. The amount of
10 assets of a single person to be disregarded shall not be less
11 than $2,000, and the amount of assets of a married couple to
12 be disregarded shall not be less than $3,000.
13 To the extent permitted under federal law, any person
14 found guilty of a second violation of Article VIIIA shall be
15 ineligible for medical assistance under this Article, as
16 provided in Section 8A-8.
17 The eligibility of any person for medical assistance
18 under this Article shall not be affected by the receipt by
19 the person of donations or benefits from fundraisers held for
20 the person in cases of serious illness, as long as neither
21 the person nor members of the person's family have actual
22 control over the donations or benefits or the disbursement of
23 the donations or benefits.
24 (Source: P.A. 91-676, eff. 12-23-99.)
25 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
26 Sec. 5-5.4. Standards of Payment - Department of Public
27 Aid. The Department of Public Aid shall develop standards of
28 payment of skilled nursing and intermediate care services in
29 facilities providing such services under this Article which:
30 (1) Provides for the determination of a facility's
31 payment for skilled nursing and intermediate care services on
32 a prospective basis. The amount of the payment rate for all
33 nursing facilities certified under the medical assistance
HB4588 Enrolled -35- LRB9112936REdv
1 program shall be prospectively established annually on the
2 basis of historical, financial, and statistical data
3 reflecting actual costs from prior years, which shall be
4 applied to the current rate year and updated for inflation,
5 except that the capital cost element for newly constructed
6 facilities shall be based upon projected budgets. The
7 annually established payment rate shall take effect on July 1
8 in 1984 and subsequent years. Rate increases shall be
9 provided annually thereafter on July 1 in 1984 and on each
10 subsequent July 1 in the following years, except that no rate
11 increase and no update for inflation shall be provided on or
12 after July 1, 1994 and before July 1, 2001 2000, unless
13 specifically provided for in this Section.
14 For facilities licensed by the Department of Public
15 Health under the Nursing Home Care Act as Intermediate Care
16 for the Developmentally Disabled facilities or Long Term Care
17 for Under Age 22 facilities, the rates taking effect on July
18 1, 1998 shall include an increase of 3%. For facilities
19 licensed by the Department of Public Health under the Nursing
20 Home Care Act as Skilled Nursing facilities or Intermediate
21 Care facilities, the rates taking effect on July 1, 1998
22 shall include an increase of 3% plus $1.10 per resident-day,
23 as defined by the Department.
24 For facilities licensed by the Department of Public
25 Health under the Nursing Home Care Act as Intermediate Care
26 for the Developmentally Disabled facilities or Long Term Care
27 for Under Age 22 facilities, the rates taking effect on July
28 1, 1999 shall include an increase of 1.6% plus $3.00 per
29 resident-day, as defined by the Department. For facilities
30 licensed by the Department of Public Health under the Nursing
31 Home Care Act as Skilled Nursing facilities or Intermediate
32 Care facilities, the rates taking effect on July 1, 1999
33 shall include an increase of 1.6% and, for services provided
34 on or after October 1, 1999, shall be increased by $4.00 per
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1 resident-day, as defined by the Department.
2 For facilities licensed by the Department of Public
3 Health under the Nursing Home Care Act as Intermediate Care
4 for the Developmentally Disabled facilities or Long Term Care
5 for Under Age 22 facilities, the rates taking effect on July
6 1, 2000 shall include an increase of 2.5% per resident-day,
7 as defined by the Department. For facilities licensed by the
8 Department of Public Health under the Nursing Home Care Act
9 as Skilled Nursing facilities or Intermediate Care
10 facilities, the rates taking effect on July 1, 2000 shall
11 include an increase of 2.5% per resident-day, as defined by
12 the Department.
13 Rates established effective each July 1 shall govern
14 payment for services rendered throughout that fiscal year,
15 except that rates established on July 1, 1996 shall be
16 increased by 6.8% for services provided on or after January
17 1, 1997. Such rates will be based upon the rates calculated
18 for the year beginning July 1, 1990, and for subsequent years
19 thereafter shall be based on the facility cost reports for
20 the facility fiscal year ending at any point in time during
21 the previous calendar year, updated to the midpoint of the
22 rate year. The cost report shall be on file with the
23 Department no later than April 1 of the current rate year.
24 Should the cost report not be on file by April 1, the
25 Department shall base the rate on the latest cost report
26 filed by each skilled care facility and intermediate care
27 facility, updated to the midpoint of the current rate year.
28 In determining rates for services rendered on and after July
29 1, 1985, fixed time shall not be computed at less than zero.
30 The Department shall not make any alterations of regulations
31 which would reduce any component of the Medicaid rate to a
32 level below what that component would have been utilizing in
33 the rate effective on July 1, 1984.
34 (2) Shall take into account the actual costs incurred by
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1 facilities in providing services for recipients of skilled
2 nursing and intermediate care services under the medical
3 assistance program.
4 (3) Shall take into account the medical and
5 psycho-social characteristics and needs of the patients.
6 (4) Shall take into account the actual costs incurred by
7 facilities in meeting licensing and certification standards
8 imposed and prescribed by the State of Illinois, any of its
9 political subdivisions or municipalities and by the U.S.
10 United States Department of Health and Human Services,
11 Education and Welfare pursuant to Title XIX of the Social
12 Security Act.
13 The Department of Public Aid shall develop precise
14 standards for payments to reimburse nursing facilities for
15 any utilization of appropriate rehabilitative personnel for
16 the provision of rehabilitative services which is authorized
17 by federal regulations, including reimbursement for services
18 provided by qualified therapists or qualified assistants, and
19 which is in accordance with accepted professional practices.
20 Reimbursement also may be made for utilization of other
21 supportive personnel under appropriate supervision.
22 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24,
23 eff. 7-1-99.)
24 (305 ILCS 5/10-26)
25 Sec. 10-26. State Disbursement Unit.
26 (a) Effective October 1, 1999 the Illinois Department
27 shall establish a State Disbursement Unit in accordance with
28 the requirements of Title IV-D of the Social Security Act.
29 The Illinois Department shall enter into an agreement with a
30 State or local governmental unit or private entity to perform
31 the functions of the State Disbursement Unit as set forth in
32 this Section. The State Disbursement Unit shall collect and
33 disburse support payments made under court and administrative
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1 support orders:
2 (1) being enforced in cases in which child and
3 spouse support services are being provided under this
4 Article X; and
5 (2) in all cases in which child and spouse support
6 services are not being provided under this Article X and
7 in which support payments are made under the provisions
8 of the Income Withholding for Support Act.
9 (a-5) If the State Disbursement Unit receives a support
10 payment that was not appropriately made to the Unit under
11 this Section, the Unit shall immediately return the payment
12 to the sender, including, if possible, instructions detailing
13 where to send the support payments.
14 (b) All payments received by the State Disbursement
15 Unit:
16 (1) shall be deposited into an account obtained by
17 the State or local governmental unit or private entity,
18 as the case may be, and
19 (2) distributed and disbursed by the State
20 Disbursement Unit, in accordance with the directions of
21 the Illinois Department, pursuant to Title IV-D of the
22 Social Security Act and rules promulgated by the
23 Department.
24 (c) All support payments assigned to the Illinois
25 Department under Article X of this Code and rules promulgated
26 by the Illinois Department that are disbursed to the Illinois
27 Department by the State Disbursement Unit shall be paid into
28 the Child Support Enforcement Trust Fund.
29 (d) If the agreement with the State or local
30 governmental unit or private entity provided for in this
31 Section is not in effect for any reason, the Department shall
32 perform the functions of the State Disbursement Unit as set
33 forth in this Section for a maximum of 12 months. Payments
34 received by the Department in performance of the duties of
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1 the State Disbursement Unit shall be deposited into the State
2 Disbursement Unit Revolving Fund established under Section
3 12-8.1.
4 (e) By February 1, 2000, the Illinois Department shall
5 conduct at least 4 regional training and educational seminars
6 to educate the clerks of the circuit court on the general
7 operation of the State Disbursement Unit, the role of the
8 State Disbursement Unit, and the role of the clerks of the
9 circuit court in the collection and distribution of child
10 support payments.
11 (f) By March 1, 2000, the Illinois Department shall
12 conduct at least 4 regional educational and training seminars
13 to educate payors, as defined in the Income Withholding for
14 Support Act, on the general operation of the State
15 Disbursement Unit, the role of the State Disbursement Unit,
16 and the distribution of income withholding payments pursuant
17 to this Section and the Income Withholding for Support Act.
18 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
19 (305 ILCS 5/12-4.34)
20 (Section scheduled to be repealed on August 31, 2000)
21 Sec. 12-4.34. Services to noncitizens.
22 (a) Subject to specific appropriation for this purpose
23 and notwithstanding Sections 1-11 and 3-1 of this Code, the
24 Department of Human Services is authorized to provide
25 services to legal immigrants, including but not limited to
26 naturalization and nutrition services and financial
27 assistance. The nature of these services, payment levels,
28 and eligibility conditions shall be determined by rule.
29 (b) The Illinois Department is authorized to lower the
30 payment levels established under this subsection or take such
31 other actions during the fiscal year as are necessary to
32 ensure that payments under this subsection do not exceed the
33 amounts appropriated for this purpose. These changes may be
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1 accomplished by emergency rule under Section 5-45 of the
2 Illinois Administrative Procedure Act, except that the
3 limitation on the number of emergency rules that may be
4 adopted in a 24-month period shall not apply.
5 (c) This Section is repealed on August 31, 2001 2000.
6 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98;
7 91-24, eff. 7-1-99.)
8 (305 ILCS 5/12-8.1 new)
9 Sec. 12-8.1. State Disbursement Unit Revolving Fund.
10 (a) There is created a revolving fund to be known as the
11 State Disbursement Unit Revolving Fund, to be held by the
12 State Treasurer as ex officio custodian, for the following
13 purposes:
14 (1) the deposit of all support payments received by
15 the Illinois Department's State Disbursement Unit; and
16 (2) the disbursement of such payments in accordance
17 with the provisions of Title IV-D of the Social Security
18 Act and rules promulgated by the Department.
19 (b) The provisions of this Section shall apply only if
20 the Department performs the functions of the State
21 Disbursement Unit under paragraph (d) of Section 10-26.
22 (c) Moneys in the State Disbursement Unit Revolving Fund
23 shall be expended upon the direction of the Director.
24 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
25 Sec. 12-10.2. The Child Support Enforcement Trust Fund.
26 (a) The Child Support Enforcement Trust Fund, to be held
27 by the State Treasurer as ex-officio custodian outside the
28 State Treasury, pursuant to the Child Support Enforcement
29 Program established by Title IV-D of the Social Security Act,
30 shall consist of:
31 (1) all support payments assigned to the Illinois
32 Department under Article X of this Code and rules
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1 promulgated by the Illinois Department that are disbursed
2 to the Illinois Department by the State Disbursement Unit
3 established under Section 10-26, and
4 (2) all support payments received by the Illinois
5 Department as a result of the Child Support Enforcement
6 Program established by Title IV-D of the Social Security
7 Act that are not required or directed to be paid to the
8 State Disbursement Unit established under Section 10-26,
9 (3) all federal grants received by the Illinois
10 Department funded by Title IV-D of the Social Security
11 Act, except those federal funds received under the Title
12 IV-D program as reimbursement for expenditures from the
13 General Revenue Fund, and
14 (4) (3) incentive payments received by the Illinois
15 Department from other states or political subdivisions of
16 other states for the enforcement and collection by the
17 Department of an assigned child support obligation in
18 behalf of such other states or their political
19 subdivisions pursuant to the provisions of Title IV-D of
20 the Social Security Act, and
21 (5) (4) incentive payments retained by the Illinois
22 Department from the amounts which otherwise would be paid
23 to the federal government to reimburse the federal
24 government's share of the support collection for the
25 Department's enforcement and collection of an assigned
26 support obligation on behalf of the State of Illinois
27 pursuant to the provisions of Title IV-D of the Social
28 Security Act, and
29 (6) (5) all fees charged by the Department for
30 child support enforcement services, as authorized under
31 Title IV-D of the Social Security Act and Section 10-1 of
32 this Code, and any other fees, costs, fines, recoveries,
33 or penalties provided for by State or federal law and
34 received by the Department under the Child Support
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1 Enforcement Program established by Title IV-D of the
2 Social Security Act, and
3 (7) (6) all amounts appropriated by the General
4 Assembly for deposit into the Fund, and
5 (8) (7) any gifts, grants, donations, or awards
6 from individuals, private businesses, nonprofit
7 associations, and governmental entities.
8 (b) Disbursements from this Fund shall be only for the
9 following purposes:
10 (1) for the reimbursement of funds received by the
11 Illinois Department through error or mistake, and
12 (2) for payments to non-recipients, current
13 recipients, and former recipients of financial aid of
14 support payments received on their behalf under Article X
15 of this Code that are not required to be disbursed by the
16 State Disbursement Unit established under Section 10.26,
17 (3) for any other payments required by law to be
18 paid by the Illinois Department to non-recipients,
19 current recipients, and former recipients (blank), and
20 (4) (3) for payment of any administrative expenses,
21 including payment to the Health Insurance Reserve Fund
22 for group insurance costs at the rate certified by the
23 Department of Central Management Services, except those
24 required to be paid from the General Revenue Fund,
25 including personal and contractual services, incurred in
26 performing the Title IV-D activities authorized by
27 Article X of this Code, and
28 (5) (4) for the reimbursement of the Public
29 Assistance Emergency Revolving Fund for expenditures made
30 from that Fund for payments to former recipients of
31 public aid for child support made to the Illinois
32 Department when the former public aid recipient is
33 legally entitled to all or part of the child support
34 payments, pursuant to the provisions of Title IV-D of the
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1 Social Security Act, and
2 (6) (5) for the payment of incentive amounts owed
3 to other states or political subdivisions of other states
4 that enforce and collect an assigned support obligation
5 on behalf of the State of Illinois pursuant to the
6 provisions of Title IV-D of the Social Security Act, and
7 (7) (6) for the payment of incentive amounts owed
8 to political subdivisions of the State of Illinois that
9 enforce and collect an assigned support obligation on
10 behalf of the State pursuant to the provisions of Title
11 IV-D of the Social Security Act, and
12 (8) (7) for payments of any amounts which are
13 reimbursable to the Federal government which are required
14 to be paid by State warrant by either the State or
15 Federal government.
16 Disbursements from this Fund shall be by warrants drawn
17 by the State Comptroller on receipt of vouchers duly executed
18 and certified by the Illinois Department or any other State
19 agency that receives an appropriation from the Fund.
20 (Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98;
21 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; revised 10-7-99.)
22 (305 ILCS 5/12-10.4)
23 Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid
24 Matching Fund. There is created in the State Treasury the
25 Juvenile Rehabilitation Services Medicaid Matching Fund.
26 Deposits to this Fund shall consist of all moneys received
27 from the federal government for behavioral health services
28 secured by counties under the Medicaid Rehabilitation Option
29 pursuant to Title XIX of the Social Security Act or under the
30 Children's Health Insurance Program pursuant to the
31 Children's Health Insurance Program Act and Title XXI of the
32 Social Security Act for minors who are committed to mental
33 health facilities by the Illinois court system and for
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1 residential placements secured by the Department of
2 Corrections for minors as a condition of their parole.
3 Disbursements from the Fund shall be made, subject to
4 appropriation, by the Illinois Department of Public Aid for
5 grants to the Department of Corrections and those counties
6 which secure behavioral health services ordered by the courts
7 and which have an interagency agreement with the Department
8 and submit detailed bills according to standards determined
9 by the Department.
10 (Source: P.A. 90-587, eff. 7-1-98; 91-266, eff. 7-23-99.)
11 Section 58. The Illinois Aeronautics Act is amended by
12 changing Section 34b as follows:
13 (620 ILCS 5/34b)
14 Sec. 34b. Airport Land Loan Program.
15 (a) The Department may make loans to public airport
16 owners for the purchase of any real estate interests as may
17 be needed for essential airport purposes, including future
18 needs, subject to the following conditions:
19 (1) loans may be made only to public airport owners
20 that are operating an airport as of January 1, 1999; and
21 (2) loans may not be made for airports that provide
22 scheduled commercial air service in counties of greater
23 than 5,000,000 population.
24 The loans are payable from the Airport Land Loan
25 Revolving Fund, subject to appropriation. All repayments of
26 loans made pursuant to this Section, including interest
27 thereon and penalties, shall be deposited in the Airport Land
28 Loan Revolving Fund. The Treasurer shall deposit all
29 investment earnings arising from balances in the Airport Land
30 Loan Revolving Fund in that Fund.
31 (b) All loans under this Section shall be made by
32 contract between the Department and the public airport owner,
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1 which contract shall include the following provisions:
2 (1) The annual rate of interest shall be the lesser
3 of (A) 2 percent below the Prime Rate charged by banks,
4 as published by the Federal Reserve Board, in effect at
5 the time the Department approves the loan, or (B) a rate
6 determined by the Department, after consultation with the
7 Bureau of the Budget, that will not adversely affect the
8 tax-exempt status of interest on the bonds of the State
9 issued in whole or in part to make deposits into the
10 Airport Land Loan Revolving Fund, nor diminish the
11 benefit to the State of the tax-exempt status of the
12 interest on such bonds but in no event shall less than 2
13 percent be charged.
14 (2) The term of any loan shall not exceed five
15 years, but it may be for less by mutual agreement.
16 (3) Loan payments shall be scheduled in equal
17 amounts for the periods determined under paragraph (4) of
18 this Section. The loan payments shall be calculated so
19 that the loan is completely repaid, with interest, on
20 outstanding balances, by the end of the term determined
21 under paragraph (2) of this Section. There shall be no
22 penalty for early payment ahead of the payment schedule.
23 (4) The period of loan payments shall be annual,
24 unless by mutual agreement a period of less than one year
25 is chosen.
26 (5) The loan shall be secured with the land
27 purchased, in whole or in part, with the loan and
28 considered as collateral. The public airport owner shall
29 assign a first priority interest in the property to the
30 State.
31 (6) If the loan payment is not made within 15 days
32 after the scheduled date determined under paragraph (3)
33 of this Section, a penalty of 10% of the payment shall be
34 assessed. If 30 days after the scheduled payment date no
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1 payment has been received, the loan shall be considered
2 in default.
3 (7) As soon as a loan is considered in default, the
4 Department shall notify the public airport owner and
5 attempt to enter into a renegotiation of the loan payment
6 amounts and schedule determined under paragraph (3) of
7 this Section. In no case shall the term of the loan be
8 extended beyond the initial term determined under
9 paragraph (2) of this Section; nor shall the interest
10 rate be lowered nor any interest be forgiven. If a
11 renegotiation of loan payment amounts and schedule is
12 obtained to the Department's satisfaction within 30 days
13 of notification of default, then the new payment schedule
14 shall replace the one determined by paragraph (3) of this
15 Section and shall be used to measure compliance with the
16 loan for purposes of default. If after 30 days of
17 notification of default the Department has not obtained a
18 renegotiation to its satisfaction, the Department shall
19 declare the loan balance due and payable immediately. If
20 the public airport owner cannot immediately pay the
21 balance of the loan, the Department shall proceed to
22 foreclose.
23 (c) The Department may promulgate any rules that it
24 finds appropriate to implement this Airport Land Loan
25 Program.
26 (d) The Airport Land Loan Revolving Fund is created in
27 the State Treasury.
28 (Source: P.A. 91-543, eff. 8-14-99.)
29 Section 60. The Unemployment Insurance Act is amended by
30 changing Section 1300 as follows:
31 (820 ILCS 405/1300) (from Ch. 48, par. 540)
32 Sec. 1300. Waiver or transfer of benefit rights -
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1 Partial exemption.
2 (A) Except as otherwise provided herein any agreement by
3 an individual to waive, release or commute his rights under
4 this Act shall be void.
5 (B) Benefits due under this Act shall not be assigned,
6 pledged, encumbered, released or commuted and shall be exempt
7 from all claims of creditors and from levy, execution and
8 attachment or other remedy for recovery or collection of a
9 debt. However, nothing in this Section shall prohibit a
10 specified or agreed upon deduction from benefits by an
11 individual, or a court or administrative order for
12 withholding of income, for payment of past due child support
13 from being enforced and collected by the Department of Public
14 Aid on behalf of persons receiving a grant of financial aid
15 under Article IV of the Illinois Public Aid Code, persons for
16 whom an application has been made and approved for support
17 services under Section 10-1 of such Code, or persons
18 similarly situated and receiving like support services in
19 other states. It is provided that:
20 (1) The aforementioned deduction of benefits and
21 order for withholding of income apply only if appropriate
22 arrangements have been made for reimbursement to the
23 Director by the Department of Public Aid for any
24 administrative costs incurred by the Director under this
25 Section.
26 (2) The Director shall deduct and withhold from
27 benefits payable under this Act, or under any arrangement
28 for the payment of benefits entered into by the Director
29 pursuant to the powers granted under Section 2700 of this
30 Act, the amount specified or agreed upon. In the case of
31 a court or administrative order for withholding of
32 income, the Director shall withhold the amount of the
33 order.
34 (3) Any amount deducted and withheld by the
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1 Director shall be paid to the Department of Public Aid or
2 the State Disbursement Unit established under Section
3 10-26 of the Illinois Public Aid Code, as directed by the
4 Department of Public Aid, on behalf of the individual.
5 (4) Any amount deducted and withheld under
6 subsection (3) shall for all purposes be treated as if it
7 were paid to the individual as benefits and paid by such
8 individual to the Department of Public Aid or the State
9 Disbursement Unit in satisfaction of the individual's
10 child support obligations.
11 (5) For the purpose of this Section, child support
12 is defined as those obligations which are being enforced
13 pursuant to a plan described in Title IV, Part D, Section
14 454 of the Social Security Act and approved by the
15 Secretary of Health and Human Services.
16 (6) The deduction of benefits and order for
17 withholding of income for child support shall be governed
18 by Titles III and IV of the Social Security Act and all
19 regulations duly promulgated thereunder.
20 (C) Nothing in this Section prohibits an individual from
21 voluntarily electing to have federal income tax deducted and
22 withheld from his or her unemployment insurance benefit
23 payments.
24 (1) The Director shall, at the time that an
25 individual files his or her claim for benefits that
26 establishes his or her benefit year, inform the
27 individual that:
28 (a) unemployment insurance is subject to
29 federal, State, and local income taxes;
30 (b) requirements exist pertaining to estimated
31 tax payments;
32 (c) the individual may elect to have federal
33 income tax deducted and withheld from his or her
34 payments of unemployment insurance in the amount
HB4588 Enrolled -49- LRB9112936REdv
1 specified in the federal Internal Revenue Code; and
2 (d) the individual is permitted to change a
3 previously elected withholding status.
4 (2) Amounts deducted and withheld from unemployment
5 insurance shall remain in the unemployment fund until
6 transferred to the federal taxing authority as a payment
7 of income tax.
8 (3) The Director shall follow all procedures
9 specified by the United States Department of Labor and
10 the federal Internal Revenue Service pertaining to the
11 deducting and withholding of income tax.
12 (4) Amounts shall be deducted and withheld in
13 accordance with the priorities established in rules
14 promulgated by the Director.
15 (D) Nothing in this Section prohibits an individual from
16 voluntarily electing to have State of Illinois income tax
17 deducted and withheld from his or her unemployment insurance
18 benefit payments if such deduction and withholding is
19 provided for pursuant to rules promulgated by the Director.
20 (1) If pursuant to rules promulgated by the
21 Director, an individual may voluntarily elect to have
22 State of Illinois income tax deducted and withheld from
23 his or her unemployment insurance benefit payments, the
24 Director shall, at the time that an individual files his
25 or her claim for benefits that establishes his or her
26 benefit year, in addition to providing the notice
27 required under subsection C, inform the individual that:
28 (a) the individual may elect to have State of
29 Illinois income tax deducted and withheld from his
30 or her payments of unemployment insurance in the
31 amount specified pursuant to rules promulgated by
32 the Director; and
33 (b) the individual is permitted to change a
34 previously elected withholding status.
HB4588 Enrolled -50- LRB9112936REdv
1 (2) Amounts deducted and withheld from unemployment
2 insurance shall remain in the unemployment fund until
3 transferred to the Department of Revenue as a payment of
4 State of Illinois income tax.
5 (3) Amounts shall be deducted and withheld in
6 accordance with the priorities established in rules
7 promulgated by the Director.
8 (E) Nothing in this Section prohibits the deduction and
9 withholding of an uncollected overissuance of food stamp
10 coupons from unemployment insurance benefits pursuant to this
11 subsection (E).
12 (1) At the time that an individual files a claim
13 for benefits that establishes his or her benefit year,
14 that individual must disclose whether or not he or she
15 owes an uncollected overissuance (as defined in Section
16 13(c)(1) of the federal Food Stamp Act of 1977) of food
17 stamp coupons. The Director shall notify the State food
18 stamp agency enforcing such obligation of any individual
19 who discloses that he or she owes an uncollected
20 overissuance of food stamp coupons and who meets the
21 monetary eligibility requirements of subsection E of
22 Section 500.
23 (2) The Director shall deduct and withhold from any
24 unemployment insurance benefits payable to an individual
25 who owes an uncollected overissuance of food stamp
26 coupons:
27 (a) the amount specified by the individual to
28 the Director to be deducted and withheld under this
29 subsection (E);
30 (b) the amount (if any) determined pursuant to
31 an agreement submitted to the State food stamp
32 agency under Section 13(c)(3)(A) of the federal Food
33 Stamp Act of 1977; or
34 (c) any amount otherwise required to be
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1 deducted and withheld from unemployment insurance
2 benefits pursuant to Section 13(c)(3)(B) of the
3 federal Food Stamp Act of 1977.
4 (3) Any amount deducted and withheld pursuant to
5 this subsection (E) shall be paid by the Director to the
6 State food stamp agency.
7 (4) Any amount deducted and withheld pursuant to
8 this subsection (E) shall for all purposes be treated as
9 if it were paid to the individual as unemployment
10 insurance benefits and paid by the individual to the
11 State food stamp agency as repayment of the individual's
12 uncollected overissuance of food stamp coupons.
13 (5) For purposes of this subsection (E),
14 "unemployment insurance benefits" means any compensation
15 payable under this Act including amounts payable by the
16 Director pursuant to an agreement under any federal law
17 providing for compensation, assistance, or allowances
18 with respect to unemployment.
19 (6) This subsection (E) applies only if
20 arrangements have been made for reimbursement by the
21 State food stamp agency for the administrative costs
22 incurred by the Director under this subsection (E) which
23 are attributable to the repayment of uncollected
24 overissuances of food stamp coupons to the State food
25 stamp agency.
26 (Source: P.A. 90-425, eff. 8-15-97; 90-554, eff. 12-12-97;
27 91-212, eff. 7-20-99.)
28 Section 99. Effective date. This Act takes effect July
29 1, 2000.
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