Public Act 094-0773
 
SB2579 Enrolled LRB094 16023 DRJ 53305 b

    AN ACT concerning public aid.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 2. The Illinois Economic Opportunity Act is amended
by changing Section 2 as follows:
 
    (20 ILCS 625/2)  (from Ch. 127, par. 2602)
    Sec. 2. (a) The Director of Commerce and Economic
Opportunity the Department of Commerce & Community Affairs is
authorized to administer the federal community services block
program, low-income home energy assistance program,
weatherization assistance program, emergency community
services homeless grant program, and other federal programs
that require or give preference to community action agencies
for local administration in accordance with federal laws and
regulations as amended. The Director shall provide financial
assistance to community action agencies from community service
block grant funds and other federal funds requiring or giving
preference to community action agencies for local
administration for the programs described in Section 4. The
Director of Healthcare and Family Services is authorized to
administer the federal low-income home energy assistance
program and weatherization assistance program in accordance
with federal laws and regulations as amended.
    (b) Funds appropriated for use by community action agencies
in community action programs shall be allocated annually to
existing community action agencies or newly formed community
action agencies by the Department of Commerce and Economic
Opportunity Community Affairs. Allocations will be made
consistent with duly enacted departmental rules.
(Source: P.A. 87-926; revised 12-6-03.)
 
    Section 5. The State Finance Act is amended by changing
Section 8h as follows:
 
    (30 ILCS 105/8h)
    Sec. 8h. Transfers to General Revenue Fund.
    (a) Except as provided in subsection (b), notwithstanding
any other State law to the contrary, the Governor may, through
June 30, 2007, from time to time direct the State Treasurer and
Comptroller to transfer a specified sum from any fund held by
the State Treasurer to the General Revenue Fund in order to
help defray the State's operating costs for the fiscal year.
The total transfer under this Section from any fund in any
fiscal year shall not exceed the lesser of (i) 8% of the
revenues to be deposited into the fund during that fiscal year
or (ii) an amount that leaves a remaining fund balance of 25%
of the July 1 fund balance of that fiscal year. In fiscal year
2005 only, prior to calculating the July 1, 2004 final
balances, the Governor may calculate and direct the State
Treasurer with the Comptroller to transfer additional amounts
determined by applying the formula authorized in Public Act
93-839 to the funds balances on July 1, 2003. No transfer may
be made from a fund under this Section that would have the
effect of reducing the available balance in the fund to an
amount less than the amount remaining unexpended and unreserved
from the total appropriation from that fund estimated to be
expended for that fiscal year. This Section does not apply to
any funds that are restricted by federal law to a specific use,
to any funds in the Motor Fuel Tax Fund, the Intercity
Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
Provider Relief Fund, the Teacher Health Insurance Security
Fund, the Reviewing Court Alternative Dispute Resolution Fund,
or the Voters' Guide Fund, the Foreign Language Interpreter
Fund, the Lawyers' Assistance Program Fund, the Supreme Court
Federal Projects Fund, the Supreme Court Special State Projects
Fund, the Supplemental Low-Income Energy Assistance Fund, the
Good Samaritan Energy Trust Fund, or the Low-Level Radioactive
Waste Facility Development and Operation Fund, or the Hospital
Basic Services Preservation Fund, or to any funds to which
subsection (f) of Section 20-40 of the Nursing and Advanced
Practice Nursing Act applies. No transfers may be made under
this Section from the Pet Population Control Fund.
Notwithstanding any other provision of this Section, for fiscal
year 2004, the total transfer under this Section from the Road
Fund or the State Construction Account Fund shall not exceed
the lesser of (i) 5% of the revenues to be deposited into the
fund during that fiscal year or (ii) 25% of the beginning
balance in the fund. For fiscal year 2005 through fiscal year
2007, no amounts may be transferred under this Section from the
Road Fund, the State Construction Account Fund, the Criminal
Justice Information Systems Trust Fund, the Wireless Service
Emergency Fund, or the Mandatory Arbitration Fund.
    In determining the available balance in a fund, the
Governor may include receipts, transfers into the fund, and
other resources anticipated to be available in the fund in that
fiscal year.
    The State Treasurer and Comptroller shall transfer the
amounts designated under this Section as soon as may be
practicable after receiving the direction to transfer from the
Governor.
    (b) This Section does not apply to: (i) the Ticket For The
Cure Fund; (ii) or to any fund established under the Community
Senior Services and Resources Act; or (iii) (ii) on or after
January 1, 2006 (the effective date of Public Act 94-511) this
amendatory Act of the 94th General Assembly, the Child Labor
and Day and Temporary Labor Enforcement Fund.
    (c) This Section does not apply to the Demutualization
Trust Fund established under the Uniform Disposition of
Unclaimed Property Act.
    (d) (c) This Section does not apply to moneys set aside in
the Illinois State Podiatric Disciplinary Fund for podiatric
scholarships and residency programs under the Podiatric
Scholarship and Residency Act.
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)
 
    Section 10. The Illinois Income Tax Act is amended by
adding Section 507MM as follows:
 
    (35 ILCS 5/507MM new)
    Sec. 507MM. Supplemental Low-Income Energy Assistance Fund
checkoff. Beginning with taxable years ending on December 31,
2006, the Department shall print on its standard individual
income tax form a provision indicating that if the taxpayer
wishes to contribute to the Supplemental Low-Income Energy
Assistance Fund as authorized by this amendatory Act of the
94th General Assembly, he or she may do so by stating the
amount of the contribution (not less than $1) on the return and
that the contribution will reduce the taxpayer's refund or
increase the amount of the payment to accompany the return.
Failure to remit any amount of increased payment shall reduce
the contribution accordingly. This Section shall not apply to
an amended return.
 
    Section 15. The Energy Assistance Act is amended by
changing Sections 2, 3, 4, 8, and 13 and by adding Section 15
as follows:
 
    (305 ILCS 20/2)  (from Ch. 111 2/3, par. 1402)
    Sec. 2. Findings and Intent.
    (a) The General Assembly finds that:
        (1) the health, welfare, and prosperity of the people
    of the State of Illinois require that all citizens receive
    essential levels of heat and electric service regardless of
    economic circumstance;
        (2) public utilities and other entities providing such
    services are entitled to receive proper payment for
    services actually rendered;
        (3) declining Federal low income energy assistance
    funding necessitates a State response to ensure the
    continuity and the further development of energy
    assistance and related policies and programs within
    Illinois; and
        (4) energy assistance policies and programs in effect
    in Illinois during the past 3 years have benefited all
    Illinois citizens, and should therefore be continued with
    the modifications provided herein.
    (b) Consistent with its findings, the General Assembly
declares that it is the policy of the State that:
        (1) a comprehensive low income energy assistance
    policy and program should be established which
    incorporates income assistance, home weatherization, and
    other measures to ensure that citizens have access to
    affordable energy services;
        (2) the ability of public utilities and other entities
    to receive just compensation for providing services should
    not be jeopardized by this policy;
        (3) resources applied in achieving this policy should
    be coordinated and efficiently utilized through the
    integration of public programs and through the targeting of
    assistance; and
        (4) the State should utilize all appropriate and
    available means to fund this program and, to the extent
    possible, should identify and utilize sources of funding
    which complement State tax revenues.
(Source: P.A. 92-690, eff. 7-18-02.)
 
    (305 ILCS 20/3)  (from Ch. 111 2/3, par. 1403)
    Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) the terms defined in Sections 3-101 through 3-121 of
The Public Utilities Act have the meanings ascribed to them in
that Act;
    (b) "Department" means the Department of Healthcare and
Family Services Commerce and Community Affairs;
    (c) "energy provider" means any utility, municipal
utility, cooperative utility, or any other corporation or
individual which provides winter energy services;
    (d) "winter" means the period from November 1 of any year
through April 30 of the following year.
(Source: P.A. 86-127; 87-14; revised 12-6-03.)
 
    (305 ILCS 20/4)  (from Ch. 111 2/3, par. 1404)
    Sec. 4. Energy Assistance Program.
    (a) The Department of Healthcare and Family Services
Commerce and Community Affairs is hereby authorized to
institute a program to ensure the availability and
affordability of heating and electric service to low income
citizens. The Department shall implement the program by rule
promulgated pursuant to The Illinois Administrative Procedure
Act. The program shall be consistent with the purposes and
objectives of this Act and with all other specific requirements
provided herein. The Department may enter into such contracts
and other agreements with local agencies as may be necessary
for the purpose of administering the energy assistance program.
    (b) Nothing in this Act shall be construed as altering or
limiting the authority conferred on the Illinois Commerce
Commission by the Public Utilities Act to regulate all aspects
of the provision of public utility service, including but not
limited to the authority to make rules and adjudicate disputes
between utilities and customers related to eligibility for
utility service, deposits, payment practices, discontinuance
of service, and the treatment of arrearages owing for
previously rendered utility service.
(Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
 
    (305 ILCS 20/8)  (from Ch. 111 2/3, par. 1408)
    Sec. 8. Program Reports.
    (a) The Department of Natural Resources shall prepare and
submit to the Governor and the General Assembly reports on
September 30 biennially, beginning in 2003, evaluating the
effectiveness of the energy assistance and weatherization
policies authorized by this Act. The first report shall cover
such effects during the first winter during which the program
authorized by this Act, is in operation, and successive reports
shall cover effects since the issuance of the preceding report.
        (1) Reports issued pursuant to this Section shall be
    limited to, information concerning the effects of the
    policies authorized by this Act on (1) the ability of
    eligible applicants to obtain and maintain adequate and
    affordable winter energy services and (2) changes in the
    costs and prices of winter energy services for people who
    do not receive energy assistance pursuant to this Act.
        (2) The Department of Natural Resources shall by
    September 30, 2002, in consultation with the Policy
    Advisory Council, determine the kinds of numerical and
    other information needed to conduct the evaluations
    required by this Section, and shall advise the Policy
    Advisory Council of such information needs in a timely
    manner. The Department of Healthcare and Family Services
    Commerce and Community Affairs, the Department of Human
    Services, and the Illinois Commerce Commission shall each
    provide such information as the Department of Natural
    Resources may require to ensure that the evaluation
    reporting requirement established by this Section can be
    met.
    (b) On or before December 31, 2002, 2004, 2006, and 2007,
the Department shall prepare a report for the General Assembly
on the expenditure of funds appropriated for the programs
authorized under this Act.
    (c) On or before December 31 of each year in 2004, 2006,
and 2007, the Department shall, in consultation with the
Council, prepare and submit evaluation reports to the Governor
and the General Assembly outlining the effects of the program
designed under this Act on the following as it relates to the
propriety of continuing the program:
        (1) the definition of an eligible low income
    residential customer;
        (2) access of low income residential customers to
    essential energy services;
        (3) past due amounts owed to utilities by low income
    persons in Illinois;
        (4) appropriate measures to encourage energy
    conservation, efficiency, and responsibility among low
    income residential customers;
        (5) the activities of the Department in the development
    and implementation of energy assistance and related
    policies and programs, which characterizes progress toward
    meeting the objectives and requirements of this Act, and
    which recommends any statutory changes which might be
    needed to further such progress.
    (d) The Department shall by September 30, 2002 in
consultation with the Council determine the kinds of numerical
and other information needed to conduct the evaluations
required by this Section.
    (e) The Illinois Commerce Commission shall require each
public utility providing heating or electric service to compile
and submit any numerical and other information needed by the
Department of Natural Resources to meet its reporting
obligations.
(Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
 
    (305 ILCS 20/13)
    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
    (a) The Supplemental Low-Income Energy Assistance Fund is
hereby created as a special fund in the State Treasury. The
Supplemental Low-Income Energy Assistance Fund is authorized
to receive, by statutory deposit, the moneys collected pursuant
to this Section. The Fund is also authorized to receive
voluntary donations from individuals, foundations,
corporations, and other sources, as well as contributions made
in accordance with Section 507MM of the Illinois Income Tax
Act. Subject to appropriation, the Department shall use moneys
from the Supplemental Low-Income Energy Assistance Fund for
payments to electric or gas public utilities, municipal
electric or gas utilities, and electric cooperatives on behalf
of their customers who are participants in the program
authorized by Section 4 of this Act, for the provision of
weatherization services and for administration of the
Supplemental Low-Income Energy Assistance Fund. The yearly
expenditures for weatherization may not exceed 10% of the
amount collected during the year pursuant to this Section. The
yearly administrative expenses of the Supplemental Low-Income
Energy Assistance Fund may not exceed 10% of the amount
collected during that year pursuant to this Section.
    (b) Notwithstanding the provisions of Section 16-111 of the
Public Utilities Act but subject to subsection (k) of this
Section, each public utility, electric cooperative, as defined
in Section 3.4 of the Electric Supplier Act, and municipal
utility, as referenced in Section 3-105 of the Public Utilities
Act, that is engaged in the delivery of electricity or the
distribution of natural gas within the State of Illinois shall,
effective January 1, 1998, assess each of its customer accounts
a monthly Energy Assistance Charge for the Supplemental
Low-Income Energy Assistance Fund. The delivering public
utility, municipal electric or gas utility, or electric or gas
cooperative for a self-assessing purchaser remains subject to
the collection of the fee imposed by this Section. The monthly
charge shall be as follows:
        (1) $0.40 per month on each account for residential
    electric service;
        (2) $0.40 per month on each account for residential gas
    service;
        (3) $4 per month on each account for non-residential
    electric service which had less than 10 megawatts of peak
    demand during the previous calendar year;
        (4) $4 per month on each account for non-residential
    gas service which had distributed to it less than 4,000,000
    therms of gas during the previous calendar year;
        (5) $300 per month on each account for non-residential
    electric service which had 10 megawatts or greater of peak
    demand during the previous calendar year; and
        (6) $300 per month on each account for non-residential
    gas service which had 4,000,000 or more therms of gas
    distributed to it during the previous calendar year.
    (c) For purposes of this Section:
        (1) "residential electric service" means electric
    utility service for household purposes delivered to a
    dwelling of 2 or fewer units which is billed under a
    residential rate, or electric utility service for
    household purposes delivered to a dwelling unit or units
    which is billed under a residential rate and is registered
    by a separate meter for each dwelling unit;
        (2) "residential gas service" means gas utility
    service for household purposes distributed to a dwelling of
    2 or fewer units which is billed under a residential rate,
    or gas utility service for household purposes distributed
    to a dwelling unit or units which is billed under a
    residential rate and is registered by a separate meter for
    each dwelling unit;
        (3) "non-residential electric service" means electric
    utility service which is not residential electric service;
    and
        (4) "non-residential gas service" means gas utility
    service which is not residential gas service.
    (d) At least 45 days prior to the date on which it must
begin assessing Energy Assistance Charges, each public utility
engaged in the delivery of electricity or the distribution of
natural gas shall file with the Illinois Commerce Commission
tariffs incorporating the Energy Assistance Charge in other
charges stated in such tariffs.
    (e) The Energy Assistance Charge assessed by electric and
gas public utilities shall be considered a charge for public
utility service.
    (f) By the 20th day of the month following the month in
which the charges imposed by the Section were collected, each
public utility, municipal utility, and electric cooperative
shall remit to the Department of Revenue all moneys received as
payment of the Energy Assistance Charge on a return prescribed
and furnished by the Department of Revenue showing such
information as the Department of Revenue may reasonably
require. If a customer makes a partial payment, a public
utility, municipal utility, or electric cooperative may elect
either: (i) to apply such partial payments first to amounts
owed to the utility or cooperative for its services and then to
payment for the Energy Assistance Charge or (ii) to apply such
partial payments on a pro-rata basis between amounts owed to
the utility or cooperative for its services and to payment for
the Energy Assistance Charge.
    (g) The Department of Revenue shall deposit into the
Supplemental Low-Income Energy Assistance Fund all moneys
remitted to it in accordance with subsection (f) of this
Section.
    (h) (Blank).
    On or before December 31, 2002, the Department shall
prepare a report for the General Assembly on the expenditure of
funds appropriated from the Low-Income Energy Assistance Block
Grant Fund for the program authorized under Section 4 of this
Act.
    (i) The Department of Revenue may establish such rules as
it deems necessary to implement this Section.
    (j) The Department of Healthcare and Family Services
Commerce and Community Affairs may establish such rules as it
deems necessary to implement this Section.
    (k) The charges imposed by this Section shall only apply to
customers of municipal electric or gas utilities and electric
or gas cooperatives if the municipal electric or gas utility or
electric or gas cooperative makes an affirmative decision to
impose the charge. If a municipal electric or gas utility or an
electric cooperative makes an affirmative decision to impose
the charge provided by this Section, the municipal electric or
gas utility or electric cooperative shall inform the Department
of Revenue in writing of such decision when it begins to impose
the charge. If a municipal electric or gas utility or electric
or gas cooperative does not assess this charge, the Department
may not use funds from the Supplemental Low-Income Energy
Assistance Fund to provide benefits to its customers under the
program authorized by Section 4 of this Act.
    In its use of federal funds under this Act, the Department
may not cause a disproportionate share of those federal funds
to benefit customers of systems which do not assess the charge
provided by this Section.
    This Section is repealed effective December 31, 2007 unless
renewed by action of the General Assembly. The General Assembly
shall consider the results of the evaluations described in
Section 8 in its deliberations.
(Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
 
    (305 ILCS 20/15 new)
    Sec. 15. Income tax checkoff. Each individual income tax
payer may contribute to the Supplemental Low-Income Energy
Assistance Fund through the income tax checkoff described in
Section 507MM of the Illinois Income Tax Act.
 
    Section 20. The Good Samaritan Energy Plan Act is amended
by changing Section 5 as follows:
 
    (305 ILCS 22/5)
    Sec. 5. Definitions. In this Act:
    "Department" means the Department of Healthcare and Family
Services Commerce and Economic Opportunity.
    "LIHEAP" means the energy assistance program established
under the Energy Assistance Act of 1989.
(Source: P.A. 93-285, eff. 7-22-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.