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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Human Services Act is amended | ||||||||||||||||||||||||
5 | by changing Sections 10-6, 10-8, 10-30, and 10-65 as follows: | ||||||||||||||||||||||||
6 | (20 ILCS 1305/10-6)
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7 | Sec. 10-6. The Crisis Nursery Fund. The Crisis Nursery Fund | ||||||||||||||||||||||||
8 | is created as a special fund in the State treasury. From | ||||||||||||||||||||||||
9 | appropriations to the Department from the Fund, the Department | ||||||||||||||||||||||||
10 | shall make grants, in equal amounts, to crisis nurseries | ||||||||||||||||||||||||
11 | located in Illinois. For the purposes of this Section, a | ||||||||||||||||||||||||
12 | "crisis nursery" is an organization licensed by the Department | ||||||||||||||||||||||||
13 | that operates on a continuous basis and provides immediate | ||||||||||||||||||||||||
14 | crisis child care, respite care, parent support, and parent | ||||||||||||||||||||||||
15 | education groups. A child care center does not qualify as a | ||||||||||||||||||||||||
16 | crisis nursery under this Section. Notwithstanding any other | ||||||||||||||||||||||||
17 | law to the contrary, the Crisis Nursery Fund is not subject to | ||||||||||||||||||||||||
18 | sweeps or administrative charge-backs.
| ||||||||||||||||||||||||
19 | (Source: P.A. 96-627, eff. 8-24-09.) | ||||||||||||||||||||||||
20 | (20 ILCS 1305/10-8)
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21 | Sec. 10-8. The Autism Research Fund; grants; scientific | ||||||||||||||||||||||||
22 | review committee. The Autism Research Fund is created as a |
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| |||||||
1 | special fund in the State treasury. From appropriations to the | ||||||
2 | Department from the Fund, the Department must make grants to | ||||||
3 | public or private entities in Illinois for the purpose of | ||||||
4 | funding research concerning the disorder of autism. For | ||||||
5 | purposes of this Section, the term "research" includes, without | ||||||
6 | limitation, expenditures to develop and advance the | ||||||
7 | understanding, techniques, and modalities effective in the | ||||||
8 | detection, prevention, screening, and treatment of autism and | ||||||
9 | may include clinical trials. No more than 20% of the grant | ||||||
10 | funds may be used for institutional overhead costs, indirect | ||||||
11 | costs, other organizational levies, or costs of | ||||||
12 | community-based support services. | ||||||
13 | Moneys received for the purposes of this Section, | ||||||
14 | including, without limitation, income tax checkoff receipts | ||||||
15 | and gifts, grants, and awards from any public or private | ||||||
16 | entity, must be deposited into the Fund. Any interest earned on | ||||||
17 | moneys in the Fund must be deposited into the Fund. | ||||||
18 | Notwithstanding any other law to the contrary, the Autism | ||||||
19 | Research Fund is not subject to sweeps or administrative | ||||||
20 | charge-backs. | ||||||
21 | Each year, grantees of the grants provided under this | ||||||
22 | Section must submit a written report to the Department that | ||||||
23 | sets forth the types of research that is conducted with the | ||||||
24 | grant moneys and the status of that research. | ||||||
25 | The Department shall promulgate rules for the creation of a | ||||||
26 | scientific review committee to review and assess applications |
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1 | for the grants authorized under this Section. The Committee | ||||||
2 | shall serve without compensation.
| ||||||
3 | (Source: P.A. 94-442, eff. 8-4-05; 95-331, eff. 8-21-07.)
| ||||||
4 | (20 ILCS 1305/10-30)
| ||||||
5 | Sec. 10-30.
Grants for health related programs for people | ||||||
6 | with multiple
sclerosis. Subject to appropriation, the | ||||||
7 | Department shall make grants to
organizations that are located | ||||||
8 | in the State of Illinois
for health-related programs for people | ||||||
9 | with multiple sclerosis from the
Multiple Sclerosis Assistance | ||||||
10 | Fund, a special
fund created in the State treasury. | ||||||
11 | Notwithstanding any other law to the contrary, the Multiple | ||||||
12 | Sclerosis Assistance Fund is not subject to sweeps or | ||||||
13 | administrative charge-backs.
| ||||||
14 | (Source: P.A. 92-772, eff. 8-6-02.)
| ||||||
15 | (20 ILCS 1305/10-65) | ||||||
16 | Sec. 10-65. Hunger Relief Fund; grants. | ||||||
17 | (a) The Hunger Relief Fund is created as a special fund in | ||||||
18 | the State treasury. From appropriations to the Department from | ||||||
19 | the Fund, the Department shall make grants to food banks for | ||||||
20 | the purpose of purchasing food and related supplies. In this | ||||||
21 | Section, "food bank" means a public or charitable institution | ||||||
22 | that maintains an established operation involving the | ||||||
23 | provision of food or edible commodities, or the products of | ||||||
24 | food or edible commodities, to food pantries, soup kitchens, |
| |||||||
| |||||||
1 | hunger relief centers, or other food or feeding centers that, | ||||||
2 | as an integral part of their normal activities, provide meals | ||||||
3 | or food to feed needy persons on a regular basis. | ||||||
4 | (b) Moneys received for the purposes of this Section, | ||||||
5 | including, without limitation, appropriations, gifts, | ||||||
6 | donations, grants, and awards from any public or private entity | ||||||
7 | must be deposited into the Fund. Any interest earned on moneys | ||||||
8 | in the Fund must be deposited into the Fund. Notwithstanding | ||||||
9 | any other law to the contrary, the Hunger Relief Fund is not | ||||||
10 | subject to sweeps or administrative charge-backs.
| ||||||
11 | (Source: P.A. 96-604, eff. 8-24-09; 97-333, eff. 8-12-11.) | ||||||
12 | Section 10. The Military Code of Illinois is amended by | ||||||
13 | changing Section 22-9 as follows:
| ||||||
14 | (20 ILCS 1805/22-9)
| ||||||
15 | Sec. 22-9. Power to make grants from the Illinois Military
| ||||||
16 | Family Relief Fund. Subject to appropriation, the Department of | ||||||
17 | Military
Affairs shall have the power to make grants from the | ||||||
18 | Illinois Military
Family Relief Fund, a special fund created in | ||||||
19 | the State treasury, to (i) members of the Illinois National | ||||||
20 | Guard or Illinois residents who are members of the reserves of | ||||||
21 | the armed forces of the United States who have been called to | ||||||
22 | active duty as a result of the September 11, 2001 terrorist | ||||||
23 | attacks; (ii) for the casualty-based grant only: Illinois | ||||||
24 | National Guard members or Illinois residents who are members of |
| |||||||
| |||||||
1 | the reserves of the armed forces of the United States and who, | ||||||
2 | while deployed in support of operations as a result of the | ||||||
3 | September 11th terrorist attacks, sustained an injury as a | ||||||
4 | result of terrorist activity; sustained an injury in combat, or | ||||||
5 | related to combat, as a direct result of hostile action; or | ||||||
6 | sustained an injury going to or returning from a combat | ||||||
7 | mission, provided that the incident leading to the injury was | ||||||
8 | directly related to hostile action; this includes injuries to | ||||||
9 | service members who are wounded mistakenly or accidentally by | ||||||
10 | friendly fire directed at a hostile force or what is thought to | ||||||
11 | be a hostile force; and (iii) families
of the classes of | ||||||
12 | persons listed in items (i) and (ii) of this Section. The | ||||||
13 | Department of Military Affairs shall establish
eligibility | ||||||
14 | criteria for all grants by rule.
| ||||||
15 | On and after the effective date of this amendatory Act of | ||||||
16 | the 96th General Assembly, the Department must award at least | ||||||
17 | $5,000 to each recipient of a casualty-based grant and must | ||||||
18 | include Illinois residents who are active duty members of the | ||||||
19 | armed forces of the United States in the eligibility for the | ||||||
20 | casualty-based grant in item (ii) of this Section. Each | ||||||
21 | recipient may receive only one casualty-based grant for | ||||||
22 | injuries received during, or arising out of, the same | ||||||
23 | engagement or incident. | ||||||
24 | Grants awarded from the Illinois Military Family Relief | ||||||
25 | Fund shall not be subject to garnishment, wage levy, | ||||||
26 | forfeiture, or other remedy, unless the denial of that remedy |
| |||||||
| |||||||
1 | is inconsistent with the requirements of any other State or | ||||||
2 | federal law. | ||||||
3 | In addition to amounts transferred into the Fund under | ||||||
4 | Section 510 of the
Illinois Income Tax Act, the State Treasurer | ||||||
5 | shall accept and deposit into the
Fund all gifts, grants,
| ||||||
6 | transfers, appropriations, and other amounts
from any legal | ||||||
7 | source, public or private, that are
designated for deposit into | ||||||
8 | the Fund. To prevent a delay of 30 or more days in the payment | ||||||
9 | of casualty-based grants, the Department may use, for | ||||||
10 | administration of the program, as much as 5% of the | ||||||
11 | appropriations designated for the casualty-based grant | ||||||
12 | program. | ||||||
13 | Notwithstanding any other law to the contrary, the Illinois | ||||||
14 | Military Family Relief Fund is not subject to sweeps or | ||||||
15 | administrative charge-backs.
| ||||||
16 | (Source: P.A. 96-822, eff. 11-23-09.)
| ||||||
17 | Section 15. The Department of Public Health Powers and | ||||||
18 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
19 | amended by changing Sections 2310-350, 2310-357, 2310-358, | ||||||
20 | 2310-359, 2310-361, 2310-362, 2310-371.5, 2310-373, 2310-398, | ||||||
21 | 2310-399, 2310-403, 2310-612, 2310-635, and 2310-642 as | ||||||
22 | follows:
| ||||||
23 | (20 ILCS 2310/2310-350) (was 20 ILCS 2310/55.70)
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24 | Sec. 2310-350. Penny Severns Breast, Cervical, and Ovarian |
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| |||||||
1 | Cancer Research Fund. From funds appropriated from the Penny | ||||||
2 | Severns Breast, Cervical, and Ovarian Cancer
Research Fund, the | ||||||
3 | Department shall award grants to eligible physicians,
| ||||||
4 | hospitals, laboratories, education institutions, and other | ||||||
5 | organizations and
persons to enable organizations and persons | ||||||
6 | to conduct research. Disbursements from the Penny Severns | ||||||
7 | Breast, Cervical, and Ovarian Cancer Research Fund for the | ||||||
8 | purpose of ovarian cancer research shall be subject to | ||||||
9 | appropriations. For the
purposes of this Section, "research" | ||||||
10 | includes, but is not limited to,
expenditures to develop and | ||||||
11 | advance the understanding, techniques, and
modalities | ||||||
12 | effective in early detection, prevention, cure, screening, and
| ||||||
13 | treatment of breast, cervical, and ovarian cancer and may | ||||||
14 | include clinical trials.
| ||||||
15 | Moneys received for the purposes of this Section, including | ||||||
16 | but not
limited to income tax checkoff receipts and gifts, | ||||||
17 | grants, and awards from
private foundations, nonprofit | ||||||
18 | organizations, other governmental entities,
and persons shall | ||||||
19 | be deposited into the Penny Severns Breast, Cervical, and | ||||||
20 | Ovarian
Cancer Research Fund, which is hereby created as a | ||||||
21 | special fund in the State
treasury. Notwithstanding any other | ||||||
22 | law to the contrary, the Penny Severns Breast, Cervical, and | ||||||
23 | Ovarian Cancer Research Fund is not subject to sweeps or | ||||||
24 | administrative charge-backs.
| ||||||
25 | The Department shall create an advisory committee with | ||||||
26 | members from, but not
limited to, the Illinois Chapter of the |
| |||||||
| |||||||
1 | American Cancer Society, Y-Me, the
Susan G. Komen Foundation, | ||||||
2 | and the State Board of Health for the purpose of
awarding | ||||||
3 | research grants under this Section. Members of the advisory | ||||||
4 | committee
shall not be eligible for any financial compensation | ||||||
5 | or reimbursement.
| ||||||
6 | (Source: P.A. 94-119, eff. 1-1-06.)
| ||||||
7 | (20 ILCS 2310/2310-357)
| ||||||
8 | Sec. 2310-357. Leukemia, lymphoma, and myeloma grants. The | ||||||
9 | Department of
Public Health may make grants to public and | ||||||
10 | private hospitals, medical centers,
medical
schools, and other | ||||||
11 | organizations for education on and treatment of leukemia,
| ||||||
12 | lymphoma,
and myeloma from appropriations to the Department | ||||||
13 | from the Leukemia Treatment
and
Education Fund, a special fund | ||||||
14 | created in the State treasury. Notwithstanding any other law to | ||||||
15 | the contrary, the Leukemia Treatment and Education Fund is not | ||||||
16 | subject to sweeps or administrative charge-backs.
| ||||||
17 | (Source: P.A. 93-324, eff. 7-23-03.)
| ||||||
18 | (20 ILCS 2310/2310-358)
| ||||||
19 | Sec. 2310-358. Grants to the Les Turner ALS Foundation. | ||||||
20 | Subject to
appropriation, the Department of Public Health shall | ||||||
21 | make grants from the Lou
Gehrig's
Disease (ALS) Research Fund, | ||||||
22 | a special fund in the State treasury, to the Les
Turner ALS
| ||||||
23 | Foundation for research on Amyotrophic Lateral Sclerosis | ||||||
24 | (ALS). Notwithstanding any other law to the contrary, the Lou |
| |||||||
| |||||||
1 | Gerhig's Disease (ALS) Research Fund is not subject to sweeps | ||||||
2 | or administrative charge-backs.
| ||||||
3 | (Source: P.A. 93-36, eff. 6-24-03.)
| ||||||
4 | (20 ILCS 2310/2310-359)
| ||||||
5 | Sec. 2310-359. The Illinois Brain Tumor Research Fund. The | ||||||
6 | Illinois Brain Tumor Research Fund is hereby created as a | ||||||
7 | special fund in the State treasury. From appropriations to the | ||||||
8 | Department from the Fund, the Department shall make grants to | ||||||
9 | public and private entities for the purpose of research | ||||||
10 | dedicated to the elimination of brain tumors. Notwithstanding | ||||||
11 | any other law to the contrary, the Illinois Brain Tumor | ||||||
12 | Research Fund is not subject to sweeps or administrative | ||||||
13 | charge-backs.
| ||||||
14 | (Source: P.A. 94-649, eff. 8-22-05.) | ||||||
15 | (20 ILCS 2310/2310-361)
| ||||||
16 | Sec. 2310-361. The Lung Cancer Research Fund. The Lung | ||||||
17 | Cancer Research Fund is created as a special fund in the State | ||||||
18 | treasury. From appropriations to the Department from the Fund, | ||||||
19 | the Department shall make grants to public or private | ||||||
20 | not-for-profit entities for the purpose of lung cancer | ||||||
21 | research. Notwithstanding any other law to the contrary, the | ||||||
22 | Lung Cancer Research Fund is not subject to sweeps or | ||||||
23 | administrative charge-backs.
| ||||||
24 | (Source: P.A. 95-434, eff. 8-27-07; 95-876, eff. 8-21-08.) |
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| |||||||
1 | (20 ILCS 2310/2310-362)
| ||||||
2 | Sec. 2310-362. The Autoimmune Disease Research Fund.
| ||||||
3 | (a) The Autoimmune Disease Research Fund is created as a | ||||||
4 | special fund in the State treasury. From appropriations to the | ||||||
5 | Department from the Fund, the Department shall make grants to | ||||||
6 | public and private entities in the State for the purpose of | ||||||
7 | funding research for the treatment and cure of autoimmune | ||||||
8 | diseases. | ||||||
9 | (b) For the purposes of this Section: | ||||||
10 | "Autoimmune disease" means any disease that results from an | ||||||
11 | aberrant immune response, including, without limitation, | ||||||
12 | rheumatoid arthritis, systemic lupus erythematosus, and | ||||||
13 | scleroderma. | ||||||
14 | "Research" includes, without limitation, expenditures to | ||||||
15 | develop and advance the understanding, techniques, and | ||||||
16 | modalities effective in the detection, prevention, screening, | ||||||
17 | and treatment of autoimmune disease and may include clinical | ||||||
18 | trials. "Research" does not include institutional overhead | ||||||
19 | costs, indirect costs, other organizational levies, or costs of | ||||||
20 | community-based support services.
| ||||||
21 | (c) Moneys received for the purposes of this Section, | ||||||
22 | including, without limitation, income tax checkoff receipts | ||||||
23 | and gifts, grants, and awards from any public or private | ||||||
24 | entity, must be deposited into the Fund. Any interest earnings | ||||||
25 | that are attributable to moneys in the Fund must be deposited |
| |||||||
| |||||||
1 | into the Fund. Notwithstanding any other law to the contrary, | ||||||
2 | the Autoimmune Disease Research Fund is not subject to sweeps | ||||||
3 | or administrative charge-backs.
| ||||||
4 | (Source: P.A. 95-435, eff. 8-27-07; 95-876, eff. 8-21-08.) | ||||||
5 | (20 ILCS 2310/2310-371.5) (was 20 ILCS 2310/371) | ||||||
6 | Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to | ||||||
7 | appropriation, the Department of Public Health has the power to | ||||||
8 | make matching grants from the Heartsaver AED Fund, a special | ||||||
9 | fund created in the State treasury, to any school in the State, | ||||||
10 | public park district, forest preserve district, conservation | ||||||
11 | district, municipal recreation department,
college, or | ||||||
12 | university to assist in the purchase of
an Automated External | ||||||
13 | Defibrillator. Applicants for AED grants must demonstrate that | ||||||
14 | they have funds to pay 50% of the cost of the AEDs
for which | ||||||
15 | matching grant moneys are sought. Any school, public park | ||||||
16 | district, forest preserve district, conservation district, | ||||||
17 | municipal recreation department, college, or university | ||||||
18 | applying for the grant shall not receive more than one grant | ||||||
19 | from the Heartsaver AED Fund each fiscal year.
The State | ||||||
20 | Treasurer shall accept and deposit into the Fund all gifts, | ||||||
21 | grants, transfers, appropriations, and other amounts from any | ||||||
22 | legal source, public or private, that are designated for | ||||||
23 | deposit into the Fund. Notwithstanding any other law to the | ||||||
24 | contrary, the Heartsaver AED Fund is not subject to sweeps or | ||||||
25 | administrative charge-backs.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-331, eff. 8-21-07; 95-721, eff. 6-3-08.)
| ||||||
2 | (20 ILCS 2310/2310-373)
| ||||||
3 | Sec. 2310-373. The Asthma and Lung Research Fund. There
is | ||||||
4 | created in the State
treasury the
Asthma and Lung Research | ||||||
5 | Fund. Subject to appropriation, the Department must
make grants | ||||||
6 | from the fund
for
the Asthma Clinical Research Program | ||||||
7 | administered by the American Lung
Association. Notwithstanding | ||||||
8 | any other law to the contrary, the Asthma and Lung Research | ||||||
9 | Fund is not subject to sweeps or administrative charge-backs.
| ||||||
10 | (Source: P.A. 93-292, eff. 7-22-03.)
| ||||||
11 | (20 ILCS 2310/2310-398) (was 20 ILCS 2310/55.91)
| ||||||
12 | Sec. 2310-398. Prostate Cancer Research Fund; grants. From
| ||||||
13 | funds appropriated
from the Prostate Cancer Research Fund, a | ||||||
14 | special fund created in the State
treasury, the Department of | ||||||
15 | Public Health shall make grants to public or
private entities | ||||||
16 | in Illinois, which may include the Lurie Comprehensive Cancer
| ||||||
17 | Center at the Northwestern University Medical School and the | ||||||
18 | Kellogg Cancer
Care Center at Evanston/Glenbrook Hospitals, | ||||||
19 | for the purpose of funding
research applicable to prostate | ||||||
20 | cancer patients. The grant funds may not be
used for | ||||||
21 | institutional overhead costs, indirect costs, other | ||||||
22 | organizational
levies, or costs of community-based support | ||||||
23 | services. Notwithstanding any other law to the contrary, the | ||||||
24 | Prostate Cancer Research Fund is not subject to sweeps or |
| |||||||
| |||||||
1 | administrative charge-backs.
| ||||||
2 | (Source: P.A. 91-104, eff. 7-13-99; 92-16, eff. 6-28-01.)
| ||||||
3 | (20 ILCS 2310/2310-399) | ||||||
4 | Sec. 2310-399. Colon cancer awareness campaign; the Vince | ||||||
5 | Demuzio Memorial Colon Cancer Fund. | ||||||
6 | (a) The Department must establish and maintain a public | ||||||
7 | awareness campaign to target areas in Illinois with high colon | ||||||
8 | cancer mortality rates. The campaign must be developed in | ||||||
9 | conjunction with recommendations made by the American Cancer | ||||||
10 | Society.
| ||||||
11 | (b) The Vince Demuzio Memorial Colon Cancer Fund is created | ||||||
12 | as a special fund in the State treasury. From appropriations to | ||||||
13 | the Department from the Fund, the Department must operate the | ||||||
14 | public awareness campaign set forth under subsection (a). The | ||||||
15 | moneys from the Fund may not be used for institutional overhead | ||||||
16 | costs, indirect costs, other organizational levies, or costs of | ||||||
17 | community-based support services. | ||||||
18 | Moneys received for the purposes of this Section, | ||||||
19 | including, without limitation, income tax checkoff receipts | ||||||
20 | and gifts, grants, and awards from any public or private | ||||||
21 | entity, must be deposited into the Fund. Any interest earned on | ||||||
22 | moneys in the Fund must be deposited into the Fund. | ||||||
23 | Notwithstanding any other law to the contrary, the Vince | ||||||
24 | Demuzio Memorial Colon Cancer Fund is not subject to sweeps or | ||||||
25 | administrative charge-backs.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-142, eff. 1-1-06.) | ||||||
2 | (20 ILCS 2310/2310-403) | ||||||
3 | Sec. 2310-403. Sarcoidosis Research Fund. To make grants | ||||||
4 | for sarcoidosis research from appropriations to the Department | ||||||
5 | from the Sarcoidosis Research Fund. Notwithstanding any other | ||||||
6 | law to the contrary, the Sarcoidosis Research Fund is not | ||||||
7 | subject to sweeps or administrative charge-backs.
| ||||||
8 | (Source: P.A. 94-141, eff. 1-1-06.) | ||||||
9 | (20 ILCS 2310/2310-612) | ||||||
10 | Sec. 2310-612. Blindness prevention grants. | ||||||
11 | (a) From funds appropriated from the Blindness Prevention | ||||||
12 | Fund, a special fund created in the State treasury, the | ||||||
13 | Department must make grants to charitable or educational | ||||||
14 | entities in Illinois for the purpose of funding (i) public | ||||||
15 | education on the importance of eye care and the prevention of | ||||||
16 | blindness and (ii) the provision of eye care to children, | ||||||
17 | senior citizens, and other needy individuals whose needs are | ||||||
18 | not covered by any other source of funds. Notwithstanding any | ||||||
19 | other law to the contrary, the Blindness Prevention Fund is not | ||||||
20 | subject to sweeps or administrative charge-backs. | ||||||
21 | (b) Grants under this Section must be awarded on both a | ||||||
22 | statewide and regional basis, taking into consideration each | ||||||
23 | region's contributions to the Fund. At least 25% of the grants | ||||||
24 | must be made to regional grantees. |
| |||||||
| |||||||
1 | (c) A grant under this Section shall be made for a period | ||||||
2 | of one year and, subject to the availability of funds, may be | ||||||
3 | renewed by the Department. | ||||||
4 | (d) The Department must create an advisory committee to | ||||||
5 | make recommendations to the Department concerning grant | ||||||
6 | proposals. The advisory committee shall consist of one | ||||||
7 | representative from the Illinois Society for the Prevention of | ||||||
8 | Blindness, one licensed doctor of optometry, one member of the | ||||||
9 | Gateway Lions & Partners, one optometric educator from a school | ||||||
10 | of optometry located within Illinois, and one member from the | ||||||
11 | general public. Members of the advisory committee may not | ||||||
12 | receive compensation or reimbursement for their services. | ||||||
13 | Members of the committee must recuse themselves from | ||||||
14 | consideration of any grant proposals submitted by any entity | ||||||
15 | from which they were appointed. | ||||||
16 | (e) The Department must adopt any rules necessary to | ||||||
17 | implement and administer this Section, including, without | ||||||
18 | limitation, a methodology for determining regions of the State.
| ||||||
19 | (Source: P.A. 94-602, eff. 8-16-05.) | ||||||
20 | (20 ILCS 2310/2310-635) | ||||||
21 | Sec. 2310-635. Healthy Smiles Fund; grants. Subject to | ||||||
22 | appropriation, the Department of Public Health has the power to | ||||||
23 | make grants or use moneys in the Healthy Smiles Fund, a special | ||||||
24 | fund created in the State treasury, to secure federal matching | ||||||
25 | grants to provide for quality assurance program evaluation |
| |||||||
| |||||||
1 | activities for school-based, school-linked oral health | ||||||
2 | programs operating under the auspices of either the Department | ||||||
3 | of Public Health or the Department of Healthcare and Family | ||||||
4 | Services. The Department shall accept and deposit with the | ||||||
5 | State Treasurer all gifts, grants, transfers, appropriations, | ||||||
6 | and other amounts from any legal source, public or private, | ||||||
7 | that are designated for deposit into the Fund. Notwithstanding | ||||||
8 | any other law to the contrary, the Healthy Smiles Fund is not | ||||||
9 | subject to sweeps or administrative charge-backs.
| ||||||
10 | (Source: P.A. 95-940, eff. 8-29-08.) | ||||||
11 | (20 ILCS 2310/2310-642) | ||||||
12 | Sec. 2310-642. Diabetes; transfer of functions from | ||||||
13 | Department of Human Services. | ||||||
14 | (a) Diabetes Research Checkoff Fund; grants. The Diabetes | ||||||
15 | Research Checkoff Fund is a special fund in the State treasury. | ||||||
16 | On and after July 1, 2010, from appropriations to the | ||||||
17 | Department from that Fund, the Department shall make grants to | ||||||
18 | recognized public or private entities in Illinois for the | ||||||
19 | purpose of funding research concerning the disease of diabetes. | ||||||
20 | At least 50% of the grants made from the Fund by the Department | ||||||
21 | shall be made to entities that conduct research for juvenile | ||||||
22 | diabetes. For purposes of this subsection, the term "research" | ||||||
23 | includes, without limitation, expenditures to develop and | ||||||
24 | advance the understanding, techniques, and modalities | ||||||
25 | effective in the detection, prevention, screening, management, |
| |||||||
| |||||||
1 | and treatment of diabetes and may include clinical trials in | ||||||
2 | Illinois.
Moneys received for the purposes of this subsection, | ||||||
3 | including, without limitation, income tax checkoff receipts | ||||||
4 | and gifts, grants, and awards from any public or private person | ||||||
5 | or entity, shall be deposited into the Fund. Any interest | ||||||
6 | earned on moneys in the Fund must be deposited into the Fund. | ||||||
7 | Notwithstanding any other law to the contrary, the Diabetes | ||||||
8 | Research Checkoff Fund is not subject to sweeps or | ||||||
9 | administrative charge-backs. | ||||||
10 | (b) Diabetes information. On and after July 1, 2010, the | ||||||
11 | Department shall include within its public health promotion | ||||||
12 | programs and materials information to be directed toward | ||||||
13 | population groups in Illinois that are considered at high risk | ||||||
14 | of developing diabetes, asthma, and pulmonary disorders, such | ||||||
15 | as Hispanics, people of African descent, the elderly, obese | ||||||
16 | individuals, persons with high blood sugar content, and persons | ||||||
17 | with a family history of diabetes. The information shall inform | ||||||
18 | members of such high risk groups about the causes and | ||||||
19 | prevention of diabetes, asthma, and pulmonary disorders, the | ||||||
20 | types of treatment for these diseases, and how treatment may be | ||||||
21 | obtained. By February 15, 2011, and each February 15 | ||||||
22 | thereafter, the Department shall file a report with the General | ||||||
23 | Assembly concerning its activities and accomplishments under | ||||||
24 | this subsection during the previous calendar year. | ||||||
25 | (c) Transfer of functions from Department of Human | ||||||
26 | Services. |
| |||||||
| |||||||
1 | (1) Transfer. On the effective date of this amendatory | ||||||
2 | Act of the 96th General Assembly, all functions performed | ||||||
3 | by the Department of Human Services in connection with | ||||||
4 | Sections 10-9 and 10-10 of the Department of Human Services | ||||||
5 | Act (now repealed, and replaced by subsections (a) and (b), | ||||||
6 | respectively, of this Section), together with all of the | ||||||
7 | powers, duties, rights, and responsibilities of the | ||||||
8 | Department of Human Services relating to those functions, | ||||||
9 | are transferred from the Department of Human Services to | ||||||
10 | the Department of Public Health. | ||||||
11 | The Department of Human Services and the Department of | ||||||
12 | Public Health shall cooperate to ensure that the transfer | ||||||
13 | of functions is completed as soon as practical. | ||||||
14 | (2) Effect of transfer. Neither the functions | ||||||
15 | transferred under this subsection, nor any powers, duties, | ||||||
16 | rights, and responsibilities relating to those functions, | ||||||
17 | are affected by this amendatory Act of the 96th General | ||||||
18 | Assembly, except that all such functions, powers, duties, | ||||||
19 | rights, and responsibilities shall be performed or | ||||||
20 | exercised by the Department of Public Health on and after | ||||||
21 | the effective date of this amendatory Act of the 96th | ||||||
22 | General Assembly. | ||||||
23 | (3) The staff of the Department of Human Services | ||||||
24 | engaged in the performance of the functions transferred | ||||||
25 | under this subsection may be transferred to the Department | ||||||
26 | of Public Health. The status and rights of those employees |
| |||||||
| |||||||
1 | under the Personnel Code shall not be affected by the | ||||||
2 | transfers. The rights of the employees, the State of | ||||||
3 | Illinois, and its agencies under the Personnel Code and | ||||||
4 | applicable collective bargaining agreements, or under any | ||||||
5 | pension, retirement, or annuity plan, shall not be affected | ||||||
6 | by this amendatory Act of the 96th General Assembly. | ||||||
7 | (4) Books and records transferred. All books, records, | ||||||
8 | papers, documents, contracts, and pending business | ||||||
9 | pertaining to the functions transferred under this | ||||||
10 | subsection, including but not limited to material in | ||||||
11 | electronic or magnetic format, shall be transferred to the | ||||||
12 | Department of Public Health. The transfer of that | ||||||
13 | information shall not, however, violate any applicable | ||||||
14 | confidentiality constraints. | ||||||
15 | (5) Unexpended moneys transferred. All unexpended | ||||||
16 | appropriation balances and other funds otherwise available | ||||||
17 | to the Department of Human Services for use in connection | ||||||
18 | with the functions transferred under this subsection shall | ||||||
19 | be transferred and made available to the Department of | ||||||
20 | Public Health for use in connection with the functions | ||||||
21 | transferred under this subsection. Unexpended balances so | ||||||
22 | transferred shall be expended only for the purpose for | ||||||
23 | which the appropriations were originally made. | ||||||
24 | (6) Exercise of transferred powers; savings | ||||||
25 | provisions. The powers, duties, rights, and | ||||||
26 | responsibilities relating to the functions transferred |
| |||||||
| |||||||
1 | under this subsection are vested in and shall be exercised | ||||||
2 | by the Department of Public Health. Each act done in | ||||||
3 | exercise of those powers, duties, rights, and | ||||||
4 | responsibilities shall have the same legal effect as if | ||||||
5 | done by the Department of Human Services or its divisions, | ||||||
6 | officers, or employees. | ||||||
7 | (7) Persons subject to penalties. Every officer, | ||||||
8 | employee, or agent of the Department of Public Health | ||||||
9 | shall, for any offense, be subject to the same penalty or | ||||||
10 | penalties, civil or criminal, as are prescribed by existing | ||||||
11 | laws for the same offense by any officer, employee, or | ||||||
12 | agent whose powers or duties were transferred under this | ||||||
13 | subsection. | ||||||
14 | (8) Reports or notices. Whenever reports or notices are | ||||||
15 | now required to be made or given or papers or documents | ||||||
16 | furnished or served by any person to or upon the Department | ||||||
17 | of Human Services in connection with any of the functions | ||||||
18 | transferred under this subsection, the same shall be made, | ||||||
19 | given, furnished, or served in the same manner to or upon | ||||||
20 | the Department of Public Health. | ||||||
21 | (9) This subsection shall not affect any act done, | ||||||
22 | ratified, or canceled, or any right occurring or | ||||||
23 | established, or any action or proceeding had or commenced | ||||||
24 | in an administrative, civil, or criminal case, regarding | ||||||
25 | the functions of the Department of Human Services before | ||||||
26 | this amendatory Act of the 96th General Assembly takes |
| |||||||
| |||||||
1 | effect; such actions may be prosecuted, defended, or | ||||||
2 | continued by the Department of Public Health. | ||||||
3 | (10) Rules. Any rules of the Department of Human | ||||||
4 | Services that relate to the functions transferred under | ||||||
5 | this subsection that are in full force on the effective | ||||||
6 | date of this amendatory Act of the 96th General Assembly, | ||||||
7 | and that have been duly adopted by the Department of Human | ||||||
8 | Services, shall become the rules of the Department of | ||||||
9 | Public Health. This subsection shall not affect the | ||||||
10 | legality of any such rules in the Illinois Administrative | ||||||
11 | Code. Any proposed rules filed with the Secretary of State | ||||||
12 | by the Department of Human Services that are pending in the | ||||||
13 | rulemaking process on the effective date of this amendatory | ||||||
14 | Act of the 96th General Assembly, and that pertain to the | ||||||
15 | functions transferred, shall be deemed to have been filed | ||||||
16 | by the Department of Public Health. As soon as practicable | ||||||
17 | after the effective date of this amendatory Act of the 96th | ||||||
18 | General Assembly, the Department of Public Health shall | ||||||
19 | revise and clarify the rules transferred to it under this | ||||||
20 | subsection to reflect the reorganization of powers, | ||||||
21 | duties, rights, and responsibilities affected by this | ||||||
22 | subsection, using the procedures for recodification of | ||||||
23 | rules available under the Illinois Administrative | ||||||
24 | Procedure Act, except that existing title, part, and | ||||||
25 | section numbering for the affected rules may be retained. | ||||||
26 | The Department of Public Health, consistent with the |
| |||||||
| |||||||
1 | Department of Human Services' authority to do so, may | ||||||
2 | propose and adopt, under the Illinois Administrative | ||||||
3 | Procedure Act, such other rules of the Department of Human | ||||||
4 | Services that will now be administered by the Department of | ||||||
5 | Public Health. | ||||||
6 | To the extent that, prior to the effective date of the | ||||||
7 | transfer of functions under this subsection, the Secretary | ||||||
8 | of Human Services had been empowered to prescribe | ||||||
9 | regulations or had other authority with respect to the | ||||||
10 | transferred functions, such duties shall be exercised from | ||||||
11 | and after the effective date of the transfer by the | ||||||
12 | Director of Public Health. | ||||||
13 | (11) Successor Agency Act. For the purposes of the | ||||||
14 | Successor Agency Act, the Department of Public Health is | ||||||
15 | declared to be the successor agency of the Department of | ||||||
16 | Human Services, but only with respect to the functions that | ||||||
17 | are transferred to the Department of Public Health under | ||||||
18 | this subsection. | ||||||
19 | (12) Statutory references. Whenever a provision of law | ||||||
20 | refers to the Department of Human Services in connection | ||||||
21 | with its performance of a function that is transferred to | ||||||
22 | the Department of Public Health under this subsection, that | ||||||
23 | provision shall be deemed to refer to the Department of | ||||||
24 | Public Health on and after the effective date of this | ||||||
25 | amendatory Act of the 96th General Assembly.
| ||||||
26 | (Source: P.A. 96-1406, eff. 7-29-10.) |
| |||||||
| |||||||
1 | Section 20. The Department of Veterans Affairs Act is | ||||||
2 | amended by changing Sections 2 and 2g as follows:
| ||||||
3 | (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
| ||||||
4 | Sec. 2. Powers and duties. The Department shall have the | ||||||
5 | following
powers and duties:
| ||||||
6 | To perform such acts at the request of any veteran, or his | ||||||
7 | or her spouse,
surviving spouse or dependents as shall be | ||||||
8 | reasonably necessary
or reasonably incident to obtaining or | ||||||
9 | endeavoring to obtain for the requester
any advantage, benefit | ||||||
10 | or emolument accruing or due to such person under
any law of | ||||||
11 | the United States, the State of Illinois or any other state or
| ||||||
12 | governmental agency by reason of the service of such veteran, | ||||||
13 | and in pursuance
thereof shall:
| ||||||
14 | (1) Contact veterans, their survivors and dependents | ||||||
15 | and advise them of
the benefits of state and federal laws | ||||||
16 | and assist them in obtaining such
benefits;
| ||||||
17 | (2) Establish field offices and direct the activities | ||||||
18 | of the personnel
assigned to such offices;
| ||||||
19 | (3) Create a volunteer field force of accredited | ||||||
20 | representatives,
representing educational institutions, | ||||||
21 | labor organizations, veterans
organizations, employers, | ||||||
22 | churches, and farm organizations;
| ||||||
23 | (4) Conduct informational and training services;
| ||||||
24 | (5) Conduct educational programs through newspapers, |
| |||||||
| |||||||
1 | periodicals and radio
for the specific purpose of | ||||||
2 | disseminating information affecting veterans
and their | ||||||
3 | dependents;
| ||||||
4 | (6) Coordinate the services and activities of all state | ||||||
5 | departments having
services and resources affecting | ||||||
6 | veterans and their dependents;
| ||||||
7 | (7) Encourage and assist in the coordination of | ||||||
8 | agencies within counties
giving service to veterans and | ||||||
9 | their dependents;
| ||||||
10 | (8) Cooperate with veterans organizations and other | ||||||
11 | governmental agencies;
| ||||||
12 | (9) Make, alter, amend and promulgate reasonable rules | ||||||
13 | and procedures for
the administration of this Act;
| ||||||
14 | (10) Make and publish annual reports to the Governor | ||||||
15 | regarding the
administration and general operation of the | ||||||
16 | Department;
| ||||||
17 | (11) (Blank); and | ||||||
18 | (12) Conduct an annual review of the benefits received
| ||||||
19 | by Illinois veterans that compares benefits received by | ||||||
20 | Illinois
veterans with the benefits received by veterans in | ||||||
21 | all other
states and U.S. territories. The required annual | ||||||
22 | review shall include,
but not be limited to, (1) the | ||||||
23 | average benefit paid to individual
veterans from Illinois, | ||||||
24 | in direct comparison to the average benefit
paid to | ||||||
25 | individual veterans of each of the other states and U.S.
| ||||||
26 | territories; (2) the number of veterans receiving benefits |
| |||||||
| |||||||
1 | in Illinois
for the first time during the year compared to | ||||||
2 | the number of claims
filed by Illinois veterans during the | ||||||
3 | year; (3) the aggregate number
of Illinois veterans | ||||||
4 | receiving benefits compared to the number
of veterans from | ||||||
5 | each of the other states and U.S. territories
receiving | ||||||
6 | benefits; and (4) a categorical analysis of the types
of | ||||||
7 | injuries and disabilities for which benefits are being paid
| ||||||
8 | in Illinois and each of the other states and U.S. | ||||||
9 | territories.
The benefits review shall be reported to the | ||||||
10 | Governor, the
General Assembly, and the Illinois | ||||||
11 | Congressional delegation upon
the completion of the report | ||||||
12 | each year.
| ||||||
13 | The Department may accept and hold on behalf of the State, | ||||||
14 | if for the
public interest, a grant, gift, devise or bequest of | ||||||
15 | money or property to
the Department made for the general | ||||||
16 | benefit of Illinois veterans,
including the conduct of | ||||||
17 | informational and training services by the Department
and other | ||||||
18 | authorized purposes of the Department. The Department shall | ||||||
19 | cause
each grant, gift, devise or bequest to be kept as a | ||||||
20 | distinct fund and shall
invest such funds in the manner | ||||||
21 | provided by the Public Funds Investment Act, as
now or | ||||||
22 | hereafter amended, and shall make such reports as may
be | ||||||
23 | required by the Comptroller concerning what funds are so held | ||||||
24 | and
the manner in which such funds are invested.
The Department | ||||||
25 | may make grants from these funds for the general benefit of
| ||||||
26 | Illinois veterans. Grants from these funds, except for the |
| |||||||
| |||||||
1 | funds established
under Sections 2.01a and 2.03, shall be | ||||||
2 | subject to appropriation.
| ||||||
3 | The Department has the power to make grants, from funds | ||||||
4 | appropriated from
the
Korean War Veterans National Museum and | ||||||
5 | Library Fund, to private organizations
for the benefit of the | ||||||
6 | Korean War Veterans National Museum and Library. | ||||||
7 | Notwithstanding any other law to the contrary, the Korean War | ||||||
8 | Veterans National Museum and Library Fund is not subject to | ||||||
9 | sweeps or administrative charge-backs.
| ||||||
10 | The Department has the power to make grants, from funds | ||||||
11 | appropriated from the Illinois Military Family Relief Fund, for | ||||||
12 | benefits authorized under the Survivors Compensation Act.
| ||||||
13 | (Source: P.A. 97-297, eff. 1-1-12.)
| ||||||
14 | (20 ILCS 2805/2g) | ||||||
15 | Sec. 2g. The Illinois Veterans' Homes Fund. The Illinois | ||||||
16 | Veterans' Homes Fund is hereby created as a special fund in the | ||||||
17 | State treasury. From appropriations to the Department from the | ||||||
18 | Fund the Department shall purchase needed equipment and | ||||||
19 | supplies to enhance the lives of the residents at and to | ||||||
20 | enhance the operations of veterans' homes in Illinois. | ||||||
21 | Notwithstanding any other law to the contrary, the Illinois | ||||||
22 | Veterans' Homes Fund is not subject to sweeps or administrative | ||||||
23 | charge-backs.
| ||||||
24 | (Source: P.A. 93-776, eff. 7-21-04.) |
| |||||||
| |||||||
1 | Section 25. The State Finance Act is amended by changing | ||||||
2 | Sections 6z-76, 6z-83, 6z-84, and 8.11, by renumbering and | ||||||
3 | changing Section 6z-82 from Public Act 96-1424, and by adding | ||||||
4 | Section 8r as follows: | ||||||
5 | (30 ILCS 105/6z-76)
| ||||||
6 | Sec. 6z-76. Illinois Route 66 Fund. The Illinois Route 66 | ||||||
7 | Fund is created as a special fund in the State treasury. | ||||||
8 | Subject to appropriation, the Fund shall be used by the | ||||||
9 | Department of Commerce and Economic Opportunity to make grants | ||||||
10 | to not-for-profit corporations that have a statewide impact on | ||||||
11 | Illinois Route 66 and that maintain, improve, or repair | ||||||
12 | Historic Route 66 in Illinois. Grant moneys may be used for | ||||||
13 | tourism promotion, matching grant funds, project development | ||||||
14 | and implementation, grants to units of local government, and | ||||||
15 | rehabilitation of historic structures. Notwithstanding any | ||||||
16 | other law to the contrary, the Illinois Route 66 Fund is not | ||||||
17 | subject to sweeps or administrative charge-backs.
| ||||||
18 | (Source: P.A. 96-1424, eff. 8-3-10.) | ||||||
19 | (30 ILCS 105/6z-83) | ||||||
20 | Sec. 6z-83. The Disabled Veterans Property Tax Relief Fund; | ||||||
21 | creation. The Disabled Veterans Property Tax Relief Fund is | ||||||
22 | created as a special fund in the State treasury. Subject to | ||||||
23 | appropriation, moneys in the Fund shall be used by the | ||||||
24 | Department of Veterans' Affairs for the purpose of providing |
| |||||||
| |||||||
1 | property tax relief to disabled veterans. The Department of | ||||||
2 | Veterans' Affairs may adopt rules to implement this Section. | ||||||
3 | Notwithstanding any other law to the contrary, the Disabled | ||||||
4 | Veterans Property Tax Relief Fund is not subject to sweeps or | ||||||
5 | administrative charge-backs.
| ||||||
6 | (Source: P.A. 96-1424, eff. 8-3-10.)
| ||||||
7 | (30 ILCS 105/6z-84)
| ||||||
8 | Sec. 6z-84. The Habitat for Humanity Fund; creation. The | ||||||
9 | Habitat for Humanity Fund is created as a special fund in the | ||||||
10 | State treasury. Moneys in the Fund shall be appropriated to the | ||||||
11 | Department of Human Services for the purpose of making grants | ||||||
12 | to Habitat for Humanity of Illinois, Inc., for the purpose of | ||||||
13 | supporting Habitat for Humanity projects in Illinois. | ||||||
14 | Notwithstanding any other law to the contrary, the Habitat for | ||||||
15 | Humanity Fund is not subject to sweeps or administrative | ||||||
16 | charge-backs.
| ||||||
17 | (Source: P.A. 96-1424, eff. 8-3-10; 97-333, eff. 8-12-11.)
| ||||||
18 | (30 ILCS 105/8.11) (from Ch. 127, par. 144.11)
| ||||||
19 | Sec. 8.11.
Except as otherwise provided in this Section, | ||||||
20 | appropriations
from the State Parks Fund shall be made only to | ||||||
21 | the Department of Natural
Resources and shall, except for the | ||||||
22 | additional moneys deposited under Section 805-550 of the | ||||||
23 | Department of Natural Resources (Conservation) Law of the
Civil | ||||||
24 | Administrative Code of Illinois, be used only for the |
| |||||||
| |||||||
1 | maintenance,
development, operation, control and acquisition | ||||||
2 | of State parks.
| ||||||
3 | Revenues derived from the Illinois and Michigan Canal from | ||||||
4 | the sale of
Canal lands, lease of Canal lands, Canal | ||||||
5 | concessions, and other Canal
activities, which have been placed | ||||||
6 | in the State Parks Fund may be
appropriated to the Department | ||||||
7 | of Natural Resources for
that Department to use,
either | ||||||
8 | independently or in cooperation with any Department or Agency | ||||||
9 | of the
Federal or State Government or any political subdivision | ||||||
10 | thereof for the
development and management of the Canal and its | ||||||
11 | adjacent lands as outlined
in the master plan for such | ||||||
12 | development and management. | ||||||
13 | Notwithstanding any other law to the contrary, the State | ||||||
14 | Parks Fund is not subject to sweeps or administrative | ||||||
15 | charge-backs.
| ||||||
16 | (Source: P.A. 96-1160, eff. 1-1-11.)
| ||||||
17 | (30 ILCS 105/8r new) | ||||||
18 | Sec. 8r. Transfers from checkoff funds. Notwithstanding | ||||||
19 | any other law to the contrary, if, under Article 5 of the | ||||||
20 | Illinois Income Tax Act, the Department of Revenue prints on | ||||||
21 | its standard individual income tax form a provision indicating | ||||||
22 | that a taxpayer may contribute to a fund, then that fund is not | ||||||
23 | subject to sweeps or administrative charge-backs. | ||||||
24 | Section 30. The Energy Assistance Act is amended by |
| |||||||
| |||||||
1 | changing Section 13 as follows:
| ||||||
2 | (305 ILCS 20/13)
| ||||||
3 | (Section scheduled to be repealed on December 31, 2013) | ||||||
4 | Sec. 13. Supplemental Low-Income Energy Assistance Fund.
| ||||||
5 | (a) The Supplemental Low-Income Energy Assistance
Fund is | ||||||
6 | hereby created as a special fund in the State
Treasury. The | ||||||
7 | Supplemental Low-Income Energy Assistance Fund
is authorized | ||||||
8 | to receive moneys from voluntary donations from individuals, | ||||||
9 | foundations, corporations, and other sources, moneys received | ||||||
10 | pursuant to Section 17, and, by statutory deposit, the moneys
| ||||||
11 | collected pursuant to this Section. The Fund is also authorized | ||||||
12 | to receive voluntary donations from individuals, foundations, | ||||||
13 | corporations, and other sources, as well as contributions made | ||||||
14 | in accordance with Section 507MM of the Illinois Income Tax | ||||||
15 | Act. Subject to appropriation,
the Department shall use
moneys | ||||||
16 | from the Supplemental Low-Income Energy Assistance Fund
for | ||||||
17 | payments to electric or gas public utilities,
municipal | ||||||
18 | electric or gas utilities, and electric cooperatives
on behalf | ||||||
19 | of their customers who are participants in the
program | ||||||
20 | authorized by Sections 4 and 18 of this Act, for the provision | ||||||
21 | of
weatherization services and for
administration of the | ||||||
22 | Supplemental Low-Income Energy
Assistance Fund. The yearly | ||||||
23 | expenditures for weatherization may not exceed 10%
of the | ||||||
24 | amount collected during the year pursuant to this Section. The | ||||||
25 | yearly administrative expenses of the
Supplemental Low-Income |
| |||||||
| |||||||
1 | Energy Assistance Fund may not exceed
10% of the amount | ||||||
2 | collected during that year
pursuant to this Section. | ||||||
3 | Notwithstanding any other law to the contrary, the Supplemental | ||||||
4 | Low-Income Energy Assistance Fund is not subject to sweeps or | ||||||
5 | administrative charge-backs.
| ||||||
6 | (b) Notwithstanding the provisions of Section 16-111
of the | ||||||
7 | Public Utilities Act but subject to subsection (k) of this | ||||||
8 | Section,
each public utility, electric
cooperative, as defined | ||||||
9 | in Section 3.4 of the Electric Supplier Act,
and municipal | ||||||
10 | utility, as referenced in Section 3-105 of the Public Utilities
| ||||||
11 | Act, that is engaged in the delivery of electricity or the
| ||||||
12 | distribution of natural gas within the State of Illinois
shall, | ||||||
13 | effective January 1, 1998,
assess each of
its customer accounts | ||||||
14 | a monthly Energy Assistance Charge for
the Supplemental | ||||||
15 | Low-Income Energy Assistance Fund.
The delivering public | ||||||
16 | utility, municipal electric or gas utility, or electric
or gas
| ||||||
17 | cooperative for a self-assessing purchaser remains subject to | ||||||
18 | the collection of
the
fee imposed by this Section.
The
monthly | ||||||
19 | charge shall be as follows:
| ||||||
20 | (1) $0.48 per month on each account for
residential | ||||||
21 | electric service;
| ||||||
22 | (2) $0.48 per month on each account for
residential gas | ||||||
23 | service;
| ||||||
24 | (3) $4.80 per month on each account for non-residential | ||||||
25 | electric service
which had less than 10 megawatts
of peak | ||||||
26 | demand during the previous calendar year;
|
| |||||||
| |||||||
1 | (4) $4.80 per month on each account for non-residential | ||||||
2 | gas service which
had distributed to it less than
4,000,000 | ||||||
3 | therms of gas during the previous calendar year;
| ||||||
4 | (5) $360 per month on each account for non-residential | ||||||
5 | electric service
which had 10 megawatts or greater
of peak | ||||||
6 | demand during the previous calendar year; and
| ||||||
7 | (6) $360 per month on each account for non-residential | ||||||
8 | gas service
which had 4,000,000 or more therms of
gas | ||||||
9 | distributed to it during the previous calendar year. | ||||||
10 | The incremental change to such charges imposed by this | ||||||
11 | amendatory Act of the 96th General Assembly shall not (i) be | ||||||
12 | used for any purpose other than to directly assist customers | ||||||
13 | and (ii) be applicable to utilities serving less than 100,000 | ||||||
14 | customers in Illinois on January 1, 2009. | ||||||
15 | In addition, electric and gas utilities have committed, and | ||||||
16 | shall contribute, a one-time payment of $22 million to the | ||||||
17 | Fund, within 10 days after the effective date of the tariffs | ||||||
18 | established pursuant to Sections 16-111.8 and 19-145 of the | ||||||
19 | Public Utilities Act to be used for the Department's cost of | ||||||
20 | implementing the programs described in Section 18 of this | ||||||
21 | amendatory Act of the 96th General Assembly, the Arrearage | ||||||
22 | Reduction Program described in Section 18, and the programs | ||||||
23 | described in Section 8-105 of the Public Utilities Act. If a | ||||||
24 | utility elects not to file a rider within 90 days after the | ||||||
25 | effective date of this amendatory Act of the 96th General | ||||||
26 | Assembly, then the contribution from such utility shall be made |
| |||||||
| |||||||
1 | no later than February 1, 2010.
| ||||||
2 | (c) For purposes of this Section:
| ||||||
3 | (1) "residential electric service" means
electric | ||||||
4 | utility service for household purposes delivered to a
| ||||||
5 | dwelling of 2 or fewer units which is billed under a
| ||||||
6 | residential rate, or electric utility service for | ||||||
7 | household
purposes delivered to a dwelling unit or units | ||||||
8 | which is billed
under a residential rate and is registered | ||||||
9 | by a separate meter
for each dwelling unit;
| ||||||
10 | (2) "residential gas service" means gas utility
| ||||||
11 | service for household purposes distributed to a dwelling of
| ||||||
12 | 2 or fewer units which is billed under a residential rate,
| ||||||
13 | or gas utility service for household purposes distributed | ||||||
14 | to a
dwelling unit or units which is billed under a | ||||||
15 | residential
rate and is registered by a separate meter for | ||||||
16 | each dwelling
unit;
| ||||||
17 | (3) "non-residential electric service" means
electric | ||||||
18 | utility service which is not residential electric
service; | ||||||
19 | and
| ||||||
20 | (4) "non-residential gas service" means gas
utility | ||||||
21 | service which is not residential gas service.
| ||||||
22 | (d) Within 30 days after the effective date of this | ||||||
23 | amendatory Act of the 96th General Assembly, each public
| ||||||
24 | utility engaged in the delivery of electricity or the
| ||||||
25 | distribution of natural gas shall file with the Illinois
| ||||||
26 | Commerce Commission tariffs incorporating the Energy
|
| |||||||
| |||||||
1 | Assistance Charge in other charges stated in such tariffs, | ||||||
2 | which shall become effective no later than the beginning of the | ||||||
3 | first billing cycle following such filing.
| ||||||
4 | (e) The Energy Assistance Charge assessed by
electric and | ||||||
5 | gas public utilities shall be considered a charge
for public | ||||||
6 | utility service.
| ||||||
7 | (f) By the 20th day of the month following the month in | ||||||
8 | which the charges
imposed by the Section were collected, each | ||||||
9 | public
utility,
municipal utility, and electric cooperative | ||||||
10 | shall remit to the
Department of Revenue all moneys received as | ||||||
11 | payment of the
Energy Assistance Charge on a return prescribed | ||||||
12 | and furnished by the
Department of Revenue showing such | ||||||
13 | information as the Department of Revenue may
reasonably | ||||||
14 | require; provided, however, that a utility offering an | ||||||
15 | Arrearage Reduction Program pursuant to Section 18 of this Act | ||||||
16 | shall be entitled to net those amounts necessary to fund and | ||||||
17 | recover the costs of such Program as authorized by that Section | ||||||
18 | that is no more than the incremental change in such Energy | ||||||
19 | Assistance Charge authorized by this amendatory Act of the 96th | ||||||
20 | General Assembly. If a customer makes a partial payment, a | ||||||
21 | public
utility, municipal
utility, or electric cooperative may | ||||||
22 | elect either: (i) to apply
such partial payments first to | ||||||
23 | amounts owed to the
utility or cooperative for its services and | ||||||
24 | then to payment
for the Energy Assistance Charge or (ii) to | ||||||
25 | apply such partial payments
on a pro-rata basis between amounts | ||||||
26 | owed to the
utility or cooperative for its services and to |
| |||||||
| |||||||
1 | payment for the
Energy Assistance Charge.
| ||||||
2 | (g) The Department of Revenue shall deposit into the
| ||||||
3 | Supplemental Low-Income Energy Assistance Fund all moneys
| ||||||
4 | remitted to it in accordance with subsection (f) of this
| ||||||
5 | Section; provided, however, that the amounts remitted by each | ||||||
6 | utility shall be used to provide assistance to that utility's | ||||||
7 | customers. The utilities shall coordinate with the Department | ||||||
8 | to establish an equitable and practical methodology for | ||||||
9 | implementing this subsection (g) beginning with the 2010 | ||||||
10 | program year.
| ||||||
11 | (h) On or before December 31, 2002, the Department shall
| ||||||
12 | prepare a report for the General Assembly on the expenditure of | ||||||
13 | funds
appropriated from the Low-Income Energy Assistance Block | ||||||
14 | Grant Fund for the
program authorized under Section 4 of this | ||||||
15 | Act.
| ||||||
16 | (i) The Department of Revenue may establish such
rules as | ||||||
17 | it deems necessary to implement this Section.
| ||||||
18 | (j) The Department of Commerce and Economic Opportunity
may | ||||||
19 | establish such rules as it deems necessary to implement
this | ||||||
20 | Section.
| ||||||
21 | (k) The charges imposed by this Section shall only apply to | ||||||
22 | customers of
municipal electric or gas utilities and electric | ||||||
23 | or gas cooperatives if
the municipal
electric or gas
utility or | ||||||
24 | electric or gas cooperative makes an affirmative decision to
| ||||||
25 | impose the
charge. If a municipal electric or gas utility or an | ||||||
26 | electric
cooperative makes an affirmative decision to impose |
| |||||||
| |||||||
1 | the charge provided by
this
Section, the municipal electric or | ||||||
2 | gas utility or electric cooperative shall
inform the
Department | ||||||
3 | of Revenue in writing of such decision when it begins to impose | ||||||
4 | the
charge. If a municipal electric or gas utility or electric | ||||||
5 | or gas
cooperative does not
assess
this charge, the Department | ||||||
6 | may not use funds from the Supplemental Low-Income
Energy | ||||||
7 | Assistance Fund to provide benefits to its customers under the | ||||||
8 | program
authorized by Section 4 of this Act.
| ||||||
9 | In its use of federal funds under this Act, the Department | ||||||
10 | may not cause a
disproportionate share of those federal funds | ||||||
11 | to benefit customers of systems
which do not assess the charge | ||||||
12 | provided by this Section.
| ||||||
13 | This Section is repealed effective December 31, 2013
unless
| ||||||
14 | renewed by action of the General Assembly. The General Assembly | ||||||
15 | shall
consider the results of the evaluations described in | ||||||
16 | Section 8 in its
deliberations.
| ||||||
17 | (Source: P.A. 95-48, eff. 8-10-07; 95-331, eff. 8-21-07; 96-33, | ||||||
18 | eff. 7-10-09; 96-154, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| ||||||
19 | Section 35. The Epilepsy Disease Assistance Act is amended | ||||||
20 | by changing Section 25 as follows: | ||||||
21 | (410 ILCS 413/25)
| ||||||
22 | Sec. 25. Epilepsy Treatment and Education Grants-in-Aid | ||||||
23 | Fund. The Epilepsy Treatment and Education Grants-in-Aid Fund | ||||||
24 | is created as a special fund in the State treasury. Using |
| |||||||
| |||||||
1 | appropriations from the Fund, the Department of Public Health | ||||||
2 | shall provide grants-in-aid (i) to fund necessary educational | ||||||
3 | activities and (ii) for the development and maintenance of | ||||||
4 | services for victims of epilepsy and their families, as managed | ||||||
5 | through an epilepsy program properly staffed and affiliated | ||||||
6 | with a national epilepsy program. The Department shall adopt | ||||||
7 | rules governing the distribution and specific purpose of these | ||||||
8 | grants. Notwithstanding any other law to the contrary, the | ||||||
9 | Epilepsy Treatment and Education Grants-in-Aid Fund is not | ||||||
10 | subject to sweeps or administrative charge-backs.
| ||||||
11 | (Source: P.A. 94-73, eff. 6-23-05.) | ||||||
12 | Section 40. The Illinois Public Health and Safety Animal | ||||||
13 | Population Control Act is amended by changing Section 45 as | ||||||
14 | follows: | ||||||
15 | (510 ILCS 92/45)
| ||||||
16 | Sec. 45. Pet Population Control Fund.
The Pet Population | ||||||
17 | Control Fund is established as a special fund in the State | ||||||
18 | treasury. The moneys generated from the public safety fines | ||||||
19 | collected as provided in the Animal Control Act, from Pet | ||||||
20 | Friendly license plates under Section 3-653 of the Illinois | ||||||
21 | Vehicle Code, from Section 507EE of the Illinois Income Tax | ||||||
22 | Act, and from voluntary contributions must be kept in the Fund | ||||||
23 | and shall be used only to sterilize and vaccinate dogs and cats | ||||||
24 | in this State pursuant to the program, to promote the |
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1 | sterilization program, to educate the public about the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | importance of spaying and neutering, and for reasonable | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | administrative and personnel costs related to the Fund. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Notwithstanding any other law to the contrary, the Pet | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Population Control Fund is not subject to sweeps or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | administrative charge-backs.
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7 | (Source: P.A. 94-639, eff. 8-22-05.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | becoming law.
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