97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2958

 

Introduced 2/1/2012, by Sen. Dan Kotowski

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the State Finance Act. Provides that, if, under Article 5 of the Illinois Income Tax Act, the Department of Revenue prints on its standard individual income tax form a provision indicating that a taxpayer may contribute to a fund, then that fund is not subject to sweeps or administrative charge-backs. Makes conforming changes. Amends the Department of Human Services Act, the Military Code of Illinois, the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, the Department of Veterans Affairs Act, the Energy Assistance Act, the Epilepsy Disease Assistance Act, and the Illinois Public Health and Safety Animal Population Control Act to make conforming changes. Effective immediately.


LRB097 19675 HLH 64930 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2958LRB097 19675 HLH 64930 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Human Services Act is amended
5by changing Sections 10-6, 10-8, 10-30, and 10-65 as follows:
 
6    (20 ILCS 1305/10-6)
7    Sec. 10-6. The Crisis Nursery Fund. The Crisis Nursery Fund
8is created as a special fund in the State treasury. From
9appropriations to the Department from the Fund, the Department
10shall make grants, in equal amounts, to crisis nurseries
11located in Illinois. For the purposes of this Section, a
12"crisis nursery" is an organization licensed by the Department
13that operates on a continuous basis and provides immediate
14crisis child care, respite care, parent support, and parent
15education groups. A child care center does not qualify as a
16crisis nursery under this Section. Notwithstanding any other
17law to the contrary, the Crisis Nursery Fund is not subject to
18sweeps or administrative charge-backs.
19(Source: P.A. 96-627, eff. 8-24-09.)
 
20    (20 ILCS 1305/10-8)
21    Sec. 10-8. The Autism Research Fund; grants; scientific
22review committee. The Autism Research Fund is created as a

 

 

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1special fund in the State treasury. From appropriations to the
2Department from the Fund, the Department must make grants to
3public or private entities in Illinois for the purpose of
4funding research concerning the disorder of autism. For
5purposes of this Section, the term "research" includes, without
6limitation, expenditures to develop and advance the
7understanding, techniques, and modalities effective in the
8detection, prevention, screening, and treatment of autism and
9may include clinical trials. No more than 20% of the grant
10funds may be used for institutional overhead costs, indirect
11costs, other organizational levies, or costs of
12community-based support services.
13    Moneys received for the purposes of this Section,
14including, without limitation, income tax checkoff receipts
15and gifts, grants, and awards from any public or private
16entity, must be deposited into the Fund. Any interest earned on
17moneys in the Fund must be deposited into the Fund.
18Notwithstanding any other law to the contrary, the Autism
19Research Fund is not subject to sweeps or administrative
20charge-backs.
21    Each year, grantees of the grants provided under this
22Section must submit a written report to the Department that
23sets forth the types of research that is conducted with the
24grant moneys and the status of that research.
25    The Department shall promulgate rules for the creation of a
26scientific review committee to review and assess applications

 

 

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1for the grants authorized under this Section. The Committee
2shall 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
6with multiple sclerosis. Subject to appropriation, the
7Department shall make grants to organizations that are located
8in the State of Illinois for health-related programs for people
9with multiple sclerosis from the Multiple Sclerosis Assistance
10Fund, a special fund created in the State treasury.
11Notwithstanding any other law to the contrary, the Multiple
12Sclerosis Assistance Fund is not subject to sweeps or
13administrative 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
18the State treasury. From appropriations to the Department from
19the Fund, the Department shall make grants to food banks for
20the purpose of purchasing food and related supplies. In this
21Section, "food bank" means a public or charitable institution
22that maintains an established operation involving the
23provision of food or edible commodities, or the products of
24food or edible commodities, to food pantries, soup kitchens,

 

 

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1hunger relief centers, or other food or feeding centers that,
2as an integral part of their normal activities, provide meals
3or food to feed needy persons on a regular basis.
4    (b) Moneys received for the purposes of this Section,
5including, without limitation, appropriations, gifts,
6donations, grants, and awards from any public or private entity
7must be deposited into the Fund. Any interest earned on moneys
8in the Fund must be deposited into the Fund. Notwithstanding
9any other law to the contrary, the Hunger Relief Fund is not
10subject 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
13changing Section 22-9 as follows:
 
14    (20 ILCS 1805/22-9)
15    Sec. 22-9. Power to make grants from the Illinois Military
16Family Relief Fund. Subject to appropriation, the Department of
17Military Affairs shall have the power to make grants from the
18Illinois Military Family Relief Fund, a special fund created in
19the State treasury, to (i) members of the Illinois National
20Guard or Illinois residents who are members of the reserves of
21the armed forces of the United States who have been called to
22active duty as a result of the September 11, 2001 terrorist
23attacks; (ii) for the casualty-based grant only: Illinois
24National Guard members or Illinois residents who are members of

 

 

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1the reserves of the armed forces of the United States and who,
2while deployed in support of operations as a result of the
3September 11th terrorist attacks, sustained an injury as a
4result of terrorist activity; sustained an injury in combat, or
5related to combat, as a direct result of hostile action; or
6sustained an injury going to or returning from a combat
7mission, provided that the incident leading to the injury was
8directly related to hostile action; this includes injuries to
9service members who are wounded mistakenly or accidentally by
10friendly fire directed at a hostile force or what is thought to
11be a hostile force; and (iii) families of the classes of
12persons listed in items (i) and (ii) of this Section. The
13Department of Military Affairs shall establish eligibility
14criteria for all grants by rule.
15    On and after the effective date of this amendatory Act of
16the 96th General Assembly, the Department must award at least
17$5,000 to each recipient of a casualty-based grant and must
18include Illinois residents who are active duty members of the
19armed forces of the United States in the eligibility for the
20casualty-based grant in item (ii) of this Section. Each
21recipient may receive only one casualty-based grant for
22injuries received during, or arising out of, the same
23engagement or incident.
24    Grants awarded from the Illinois Military Family Relief
25Fund shall not be subject to garnishment, wage levy,
26forfeiture, or other remedy, unless the denial of that remedy

 

 

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1is inconsistent with the requirements of any other State or
2federal law.
3    In addition to amounts transferred into the Fund under
4Section 510 of the Illinois Income Tax Act, the State Treasurer
5shall accept and deposit into the Fund all gifts, grants,
6transfers, appropriations, and other amounts from any legal
7source, public or private, that are designated for deposit into
8the Fund. To prevent a delay of 30 or more days in the payment
9of casualty-based grants, the Department may use, for
10administration of the program, as much as 5% of the
11appropriations designated for the casualty-based grant
12program.
13    Notwithstanding any other law to the contrary, the Illinois
14Military Family Relief Fund is not subject to sweeps or
15administrative charge-backs.
16(Source: P.A. 96-822, eff. 11-23-09.)
 
17    Section 15. The Department of Public Health Powers and
18Duties Law of the Civil Administrative Code of Illinois is
19amended by changing Sections 2310-350, 2310-357, 2310-358,
202310-359, 2310-361, 2310-362, 2310-371.5, 2310-373, 2310-398,
212310-399, 2310-403, 2310-612, 2310-635, and 2310-642 as
22follows:
 
23    (20 ILCS 2310/2310-350)  (was 20 ILCS 2310/55.70)
24    Sec. 2310-350. Penny Severns Breast, Cervical, and Ovarian

 

 

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1Cancer Research Fund. From funds appropriated from the Penny
2Severns Breast, Cervical, and Ovarian Cancer Research Fund, the
3Department shall award grants to eligible physicians,
4hospitals, laboratories, education institutions, and other
5organizations and persons to enable organizations and persons
6to conduct research. Disbursements from the Penny Severns
7Breast, Cervical, and Ovarian Cancer Research Fund for the
8purpose of ovarian cancer research shall be subject to
9appropriations. For the purposes of this Section, "research"
10includes, but is not limited to, expenditures to develop and
11advance the understanding, techniques, and modalities
12effective in early detection, prevention, cure, screening, and
13treatment of breast, cervical, and ovarian cancer and may
14include clinical trials.
15    Moneys received for the purposes of this Section, including
16but not limited to income tax checkoff receipts and gifts,
17grants, and awards from private foundations, nonprofit
18organizations, other governmental entities, and persons shall
19be deposited into the Penny Severns Breast, Cervical, and
20Ovarian Cancer Research Fund, which is hereby created as a
21special fund in the State treasury. Notwithstanding any other
22law to the contrary, the Penny Severns Breast, Cervical, and
23Ovarian Cancer Research Fund is not subject to sweeps or
24administrative charge-backs.
25    The Department shall create an advisory committee with
26members from, but not limited to, the Illinois Chapter of the

 

 

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1American Cancer Society, Y-Me, the Susan G. Komen Foundation,
2and the State Board of Health for the purpose of awarding
3research grants under this Section. Members of the advisory
4committee shall not be eligible for any financial compensation
5or 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
9Department of Public Health may make grants to public and
10private hospitals, medical centers, medical schools, and other
11organizations for education on and treatment of leukemia,
12lymphoma, and myeloma from appropriations to the Department
13from the Leukemia Treatment and Education Fund, a special fund
14created in the State treasury. Notwithstanding any other law to
15the contrary, the Leukemia Treatment and Education Fund is not
16subject 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.
20Subject to appropriation, the Department of Public Health shall
21make grants from the Lou Gehrig's Disease (ALS) Research Fund,
22a special fund in the State treasury, to the Les Turner ALS
23Foundation for research on Amyotrophic Lateral Sclerosis
24(ALS). Notwithstanding any other law to the contrary, the Lou

 

 

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1Gerhig's Disease (ALS) Research Fund is not subject to sweeps
2or 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
6Illinois Brain Tumor Research Fund is hereby created as a
7special fund in the State treasury. From appropriations to the
8Department from the Fund, the Department shall make grants to
9public and private entities for the purpose of research
10dedicated to the elimination of brain tumors. Notwithstanding
11any other law to the contrary, the Illinois Brain Tumor
12Research Fund is not subject to sweeps or administrative
13charge-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
17Cancer Research Fund is created as a special fund in the State
18treasury. From appropriations to the Department from the Fund,
19the Department shall make grants to public or private
20not-for-profit entities for the purpose of lung cancer
21research. Notwithstanding any other law to the contrary, the
22Lung Cancer Research Fund is not subject to sweeps or
23administrative 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
4special fund in the State treasury. From appropriations to the
5Department from the Fund, the Department shall make grants to
6public and private entities in the State for the purpose of
7funding research for the treatment and cure of autoimmune
8diseases.
9    (b) For the purposes of this Section:
10    "Autoimmune disease" means any disease that results from an
11aberrant immune response, including, without limitation,
12rheumatoid arthritis, systemic lupus erythematosus, and
13scleroderma.
14    "Research" includes, without limitation, expenditures to
15develop and advance the understanding, techniques, and
16modalities effective in the detection, prevention, screening,
17and treatment of autoimmune disease and may include clinical
18trials. "Research" does not include institutional overhead
19costs, indirect costs, other organizational levies, or costs of
20community-based support services.
21    (c) Moneys received for the purposes of this Section,
22including, without limitation, income tax checkoff receipts
23and gifts, grants, and awards from any public or private
24entity, must be deposited into the Fund. Any interest earnings
25that are attributable to moneys in the Fund must be deposited

 

 

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1into the Fund. Notwithstanding any other law to the contrary,
2the Autoimmune Disease Research Fund is not subject to sweeps
3or 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
7appropriation, the Department of Public Health has the power to
8make matching grants from the Heartsaver AED Fund, a special
9fund created in the State treasury, to any school in the State,
10public park district, forest preserve district, conservation
11district, municipal recreation department, college, or
12university to assist in the purchase of an Automated External
13Defibrillator. Applicants for AED grants must demonstrate that
14they have funds to pay 50% of the cost of the AEDs for which
15matching grant moneys are sought. Any school, public park
16district, forest preserve district, conservation district,
17municipal recreation department, college, or university
18applying for the grant shall not receive more than one grant
19from the Heartsaver AED Fund each fiscal year. The State
20Treasurer shall accept and deposit into the Fund all gifts,
21grants, transfers, appropriations, and other amounts from any
22legal source, public or private, that are designated for
23deposit into the Fund. Notwithstanding any other law to the
24contrary, the Heartsaver AED Fund is not subject to sweeps or
25administrative charge-backs.

 

 

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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
4created in the State treasury the Asthma and Lung Research
5Fund. Subject to appropriation, the Department must make grants
6from the fund for the Asthma Clinical Research Program
7administered by the American Lung Association. Notwithstanding
8any other law to the contrary, the Asthma and Lung Research
9Fund 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
13funds appropriated from the Prostate Cancer Research Fund, a
14special fund created in the State treasury, the Department of
15Public Health shall make grants to public or private entities
16in Illinois, which may include the Lurie Comprehensive Cancer
17Center at the Northwestern University Medical School and the
18Kellogg Cancer Care Center at Evanston/Glenbrook Hospitals,
19for the purpose of funding research applicable to prostate
20cancer patients. The grant funds may not be used for
21institutional overhead costs, indirect costs, other
22organizational levies, or costs of community-based support
23services. Notwithstanding any other law to the contrary, the
24Prostate Cancer Research Fund is not subject to sweeps or

 

 

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1administrative 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
5Demuzio Memorial Colon Cancer Fund.
6    (a) The Department must establish and maintain a public
7awareness campaign to target areas in Illinois with high colon
8cancer mortality rates. The campaign must be developed in
9conjunction with recommendations made by the American Cancer
10Society.
11    (b) The Vince Demuzio Memorial Colon Cancer Fund is created
12as a special fund in the State treasury. From appropriations to
13the Department from the Fund, the Department must operate the
14public awareness campaign set forth under subsection (a). The
15moneys from the Fund may not be used for institutional overhead
16costs, indirect costs, other organizational levies, or costs of
17community-based support services.
18    Moneys received for the purposes of this Section,
19including, without limitation, income tax checkoff receipts
20and gifts, grants, and awards from any public or private
21entity, must be deposited into the Fund. Any interest earned on
22moneys in the Fund must be deposited into the Fund.
23Notwithstanding any other law to the contrary, the Vince
24Demuzio Memorial Colon Cancer Fund is not subject to sweeps or
25administrative charge-backs.

 

 

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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
4for sarcoidosis research from appropriations to the Department
5from the Sarcoidosis Research Fund. Notwithstanding any other
6law to the contrary, the Sarcoidosis Research Fund is not
7subject 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
12Fund, a special fund created in the State treasury, the
13Department must make grants to charitable or educational
14entities in Illinois for the purpose of funding (i) public
15education on the importance of eye care and the prevention of
16blindness and (ii) the provision of eye care to children,
17senior citizens, and other needy individuals whose needs are
18not covered by any other source of funds. Notwithstanding any
19other law to the contrary, the Blindness Prevention Fund is not
20subject to sweeps or administrative charge-backs.
21    (b) Grants under this Section must be awarded on both a
22statewide and regional basis, taking into consideration each
23region's contributions to the Fund. At least 25% of the grants
24must be made to regional grantees.

 

 

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1    (c) A grant under this Section shall be made for a period
2of one year and, subject to the availability of funds, may be
3renewed by the Department.
4    (d) The Department must create an advisory committee to
5make recommendations to the Department concerning grant
6proposals. The advisory committee shall consist of one
7representative from the Illinois Society for the Prevention of
8Blindness, one licensed doctor of optometry, one member of the
9Gateway Lions & Partners, one optometric educator from a school
10of optometry located within Illinois, and one member from the
11general public. Members of the advisory committee may not
12receive compensation or reimbursement for their services.
13Members of the committee must recuse themselves from
14consideration of any grant proposals submitted by any entity
15from which they were appointed.
16    (e) The Department must adopt any rules necessary to
17implement and administer this Section, including, without
18limitation, 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
22appropriation, the Department of Public Health has the power to
23make grants or use moneys in the Healthy Smiles Fund, a special
24fund created in the State treasury, to secure federal matching
25grants to provide for quality assurance program evaluation

 

 

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1activities for school-based, school-linked oral health
2programs operating under the auspices of either the Department
3of Public Health or the Department of Healthcare and Family
4Services. The Department shall accept and deposit with the
5State Treasurer all gifts, grants, transfers, appropriations,
6and other amounts from any legal source, public or private,
7that are designated for deposit into the Fund. Notwithstanding
8any other law to the contrary, the Healthy Smiles Fund is not
9subject 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
13Department of Human Services.
14    (a) Diabetes Research Checkoff Fund; grants. The Diabetes
15Research Checkoff Fund is a special fund in the State treasury.
16On and after July 1, 2010, from appropriations to the
17Department from that Fund, the Department shall make grants to
18recognized public or private entities in Illinois for the
19purpose of funding research concerning the disease of diabetes.
20At least 50% of the grants made from the Fund by the Department
21shall be made to entities that conduct research for juvenile
22diabetes. For purposes of this subsection, the term "research"
23includes, without limitation, expenditures to develop and
24advance the understanding, techniques, and modalities
25effective in the detection, prevention, screening, management,

 

 

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1and treatment of diabetes and may include clinical trials in
2Illinois. Moneys received for the purposes of this subsection,
3including, without limitation, income tax checkoff receipts
4and gifts, grants, and awards from any public or private person
5or entity, shall be deposited into the Fund. Any interest
6earned on moneys in the Fund must be deposited into the Fund.
7Notwithstanding any other law to the contrary, the Diabetes
8Research Checkoff Fund is not subject to sweeps or
9administrative charge-backs.
10    (b) Diabetes information. On and after July 1, 2010, the
11Department shall include within its public health promotion
12programs and materials information to be directed toward
13population groups in Illinois that are considered at high risk
14of developing diabetes, asthma, and pulmonary disorders, such
15as Hispanics, people of African descent, the elderly, obese
16individuals, persons with high blood sugar content, and persons
17with a family history of diabetes. The information shall inform
18members of such high risk groups about the causes and
19prevention of diabetes, asthma, and pulmonary disorders, the
20types of treatment for these diseases, and how treatment may be
21obtained. By February 15, 2011, and each February 15
22thereafter, the Department shall file a report with the General
23Assembly concerning its activities and accomplishments under
24this subsection during the previous calendar year.
25    (c) Transfer of functions from Department of Human
26Services.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.)
 

 

 

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1    Section 20. The Department of Veterans Affairs Act is
2amended 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
5following powers and duties:
6    To perform such acts at the request of any veteran, or his
7or her spouse, surviving spouse or dependents as shall be
8reasonably necessary or reasonably incident to obtaining or
9endeavoring to obtain for the requester any advantage, benefit
10or emolument accruing or due to such person under any law of
11the United States, the State of Illinois or any other state or
12governmental agency by reason of the service of such veteran,
13and 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,

 

 

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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

 

 

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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,
14if for the public interest, a grant, gift, devise or bequest of
15money or property to the Department made for the general
16benefit of Illinois veterans, including the conduct of
17informational and training services by the Department and other
18authorized purposes of the Department. The Department shall
19cause each grant, gift, devise or bequest to be kept as a
20distinct fund and shall invest such funds in the manner
21provided by the Public Funds Investment Act, as now or
22hereafter amended, and shall make such reports as may be
23required by the Comptroller concerning what funds are so held
24and the manner in which such funds are invested. The Department
25may make grants from these funds for the general benefit of
26Illinois veterans. Grants from these funds, except for the

 

 

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1funds established under Sections 2.01a and 2.03, shall be
2subject to appropriation.
3    The Department has the power to make grants, from funds
4appropriated from the Korean War Veterans National Museum and
5Library Fund, to private organizations for the benefit of the
6Korean War Veterans National Museum and Library.
7Notwithstanding any other law to the contrary, the Korean War
8Veterans National Museum and Library Fund is not subject to
9sweeps or administrative charge-backs.
10    The Department has the power to make grants, from funds
11appropriated from the Illinois Military Family Relief Fund, for
12benefits 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
16Veterans' Homes Fund is hereby created as a special fund in the
17State treasury. From appropriations to the Department from the
18Fund the Department shall purchase needed equipment and
19supplies to enhance the lives of the residents at and to
20enhance the operations of veterans' homes in Illinois.
21Notwithstanding any other law to the contrary, the Illinois
22Veterans' Homes Fund is not subject to sweeps or administrative
23charge-backs.
24(Source: P.A. 93-776, eff. 7-21-04.)
 

 

 

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1    Section 25. The State Finance Act is amended by changing
2Sections 6z-76, 6z-83, 6z-84, and 8.11, by renumbering and
3changing Section 6z-82 from Public Act 96-1424, and by adding
4Section 8r as follows:
 
5    (30 ILCS 105/6z-76)
6    Sec. 6z-76. Illinois Route 66 Fund. The Illinois Route 66
7Fund is created as a special fund in the State treasury.
8Subject to appropriation, the Fund shall be used by the
9Department of Commerce and Economic Opportunity to make grants
10to not-for-profit corporations that have a statewide impact on
11Illinois Route 66 and that maintain, improve, or repair
12Historic Route 66 in Illinois. Grant moneys may be used for
13tourism promotion, matching grant funds, project development
14and implementation, grants to units of local government, and
15rehabilitation of historic structures. Notwithstanding any
16other law to the contrary, the Illinois Route 66 Fund is not
17subject 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;
21creation. The Disabled Veterans Property Tax Relief Fund is
22created as a special fund in the State treasury. Subject to
23appropriation, moneys in the Fund shall be used by the
24Department of Veterans' Affairs for the purpose of providing

 

 

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1property tax relief to disabled veterans. The Department of
2Veterans' Affairs may adopt rules to implement this Section.
3Notwithstanding any other law to the contrary, the Disabled
4Veterans Property Tax Relief Fund is not subject to sweeps or
5administrative 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
9Habitat for Humanity Fund is created as a special fund in the
10State treasury. Moneys in the Fund shall be appropriated to the
11Department of Human Services for the purpose of making grants
12to Habitat for Humanity of Illinois, Inc., for the purpose of
13supporting Habitat for Humanity projects in Illinois.
14Notwithstanding any other law to the contrary, the Habitat for
15Humanity Fund is not subject to sweeps or administrative
16charge-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,
20appropriations from the State Parks Fund shall be made only to
21the Department of Natural Resources and shall, except for the
22additional moneys deposited under Section 805-550 of the
23Department of Natural Resources (Conservation) Law of the Civil
24Administrative Code of Illinois, be used only for the

 

 

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1maintenance, development, operation, control and acquisition
2of State parks.
3    Revenues derived from the Illinois and Michigan Canal from
4the sale of Canal lands, lease of Canal lands, Canal
5concessions, and other Canal activities, which have been placed
6in the State Parks Fund may be appropriated to the Department
7of Natural Resources for that Department to use, either
8independently or in cooperation with any Department or Agency
9of the Federal or State Government or any political subdivision
10thereof for the development and management of the Canal and its
11adjacent lands as outlined in the master plan for such
12development and management.
13    Notwithstanding any other law to the contrary, the State
14Parks Fund is not subject to sweeps or administrative
15charge-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
19any other law to the contrary, if, under Article 5 of the
20Illinois Income Tax Act, the Department of Revenue prints on
21its standard individual income tax form a provision indicating
22that a taxpayer may contribute to a fund, then that fund is not
23subject to sweeps or administrative charge-backs.
 
24    Section 30. The Energy Assistance Act is amended by

 

 

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1changing 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
6hereby created as a special fund in the State Treasury. The
7Supplemental Low-Income Energy Assistance Fund is authorized
8to receive moneys from voluntary donations from individuals,
9foundations, corporations, and other sources, moneys received
10pursuant to Section 17, and, by statutory deposit, the moneys
11collected pursuant to this Section. The Fund is also authorized
12to receive voluntary donations from individuals, foundations,
13corporations, and other sources, as well as contributions made
14in accordance with Section 507MM of the Illinois Income Tax
15Act. Subject to appropriation, the Department shall use moneys
16from the Supplemental Low-Income Energy Assistance Fund for
17payments to electric or gas public utilities, municipal
18electric or gas utilities, and electric cooperatives on behalf
19of their customers who are participants in the program
20authorized by Sections 4 and 18 of this Act, for the provision
21of weatherization services and for administration of the
22Supplemental Low-Income Energy Assistance Fund. The yearly
23expenditures for weatherization may not exceed 10% of the
24amount collected during the year pursuant to this Section. The
25yearly administrative expenses of the Supplemental Low-Income

 

 

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1Energy Assistance Fund may not exceed 10% of the amount
2collected during that year pursuant to this Section.
3Notwithstanding any other law to the contrary, the Supplemental
4Low-Income Energy Assistance Fund is not subject to sweeps or
5administrative charge-backs.
6    (b) Notwithstanding the provisions of Section 16-111 of the
7Public Utilities Act but subject to subsection (k) of this
8Section, each public utility, electric cooperative, as defined
9in Section 3.4 of the Electric Supplier Act, and municipal
10utility, as referenced in Section 3-105 of the Public Utilities
11Act, that is engaged in the delivery of electricity or the
12distribution of natural gas within the State of Illinois shall,
13effective January 1, 1998, assess each of its customer accounts
14a monthly Energy Assistance Charge for the Supplemental
15Low-Income Energy Assistance Fund. The delivering public
16utility, municipal electric or gas utility, or electric or gas
17cooperative for a self-assessing purchaser remains subject to
18the collection of the fee imposed by this Section. The monthly
19charge 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;

 

 

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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
11amendatory Act of the 96th General Assembly shall not (i) be
12used for any purpose other than to directly assist customers
13and (ii) be applicable to utilities serving less than 100,000
14customers in Illinois on January 1, 2009.
15    In addition, electric and gas utilities have committed, and
16shall contribute, a one-time payment of $22 million to the
17Fund, within 10 days after the effective date of the tariffs
18established pursuant to Sections 16-111.8 and 19-145 of the
19Public Utilities Act to be used for the Department's cost of
20implementing the programs described in Section 18 of this
21amendatory Act of the 96th General Assembly, the Arrearage
22Reduction Program described in Section 18, and the programs
23described in Section 8-105 of the Public Utilities Act. If a
24utility elects not to file a rider within 90 days after the
25effective date of this amendatory Act of the 96th General
26Assembly, then the contribution from such utility shall be made

 

 

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1no 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
23amendatory Act of the 96th General Assembly, each public
24utility engaged in the delivery of electricity or the
25distribution of natural gas shall file with the Illinois
26Commerce Commission tariffs incorporating the Energy

 

 

SB2958- 34 -LRB097 19675 HLH 64930 b

1Assistance Charge in other charges stated in such tariffs,
2which shall become effective no later than the beginning of the
3first billing cycle following such filing.
4    (e) The Energy Assistance Charge assessed by electric and
5gas public utilities shall be considered a charge for public
6utility service.
7    (f) By the 20th day of the month following the month in
8which the charges imposed by the Section were collected, each
9public utility, municipal utility, and electric cooperative
10shall remit to the Department of Revenue all moneys received as
11payment of the Energy Assistance Charge on a return prescribed
12and furnished by the Department of Revenue showing such
13information as the Department of Revenue may reasonably
14require; provided, however, that a utility offering an
15Arrearage Reduction Program pursuant to Section 18 of this Act
16shall be entitled to net those amounts necessary to fund and
17recover the costs of such Program as authorized by that Section
18that is no more than the incremental change in such Energy
19Assistance Charge authorized by this amendatory Act of the 96th
20General Assembly. If a customer makes a partial payment, a
21public utility, municipal utility, or electric cooperative may
22elect either: (i) to apply such partial payments first to
23amounts owed to the utility or cooperative for its services and
24then to payment for the Energy Assistance Charge or (ii) to
25apply such partial payments on a pro-rata basis between amounts
26owed to the utility or cooperative for its services and to

 

 

SB2958- 35 -LRB097 19675 HLH 64930 b

1payment for the Energy Assistance Charge.
2    (g) The Department of Revenue shall deposit into the
3Supplemental Low-Income Energy Assistance Fund all moneys
4remitted to it in accordance with subsection (f) of this
5Section; provided, however, that the amounts remitted by each
6utility shall be used to provide assistance to that utility's
7customers. The utilities shall coordinate with the Department
8to establish an equitable and practical methodology for
9implementing this subsection (g) beginning with the 2010
10program year.
11    (h) On or before December 31, 2002, the Department shall
12prepare a report for the General Assembly on the expenditure of
13funds appropriated from the Low-Income Energy Assistance Block
14Grant Fund for the program authorized under Section 4 of this
15Act.
16    (i) The Department of Revenue may establish such rules as
17it deems necessary to implement this Section.
18    (j) The Department of Commerce and Economic Opportunity may
19establish such rules as it deems necessary to implement this
20Section.
21    (k) The charges imposed by this Section shall only apply to
22customers of municipal electric or gas utilities and electric
23or gas cooperatives if the municipal electric or gas utility or
24electric or gas cooperative makes an affirmative decision to
25impose the charge. If a municipal electric or gas utility or an
26electric cooperative makes an affirmative decision to impose

 

 

SB2958- 36 -LRB097 19675 HLH 64930 b

1the charge provided by this Section, the municipal electric or
2gas utility or electric cooperative shall inform the Department
3of Revenue in writing of such decision when it begins to impose
4the charge. If a municipal electric or gas utility or electric
5or gas cooperative does not assess this charge, the Department
6may not use funds from the Supplemental Low-Income Energy
7Assistance Fund to provide benefits to its customers under the
8program authorized by Section 4 of this Act.
9    In its use of federal funds under this Act, the Department
10may not cause a disproportionate share of those federal funds
11to benefit customers of systems which do not assess the charge
12provided by this Section.
13    This Section is repealed effective December 31, 2013 unless
14renewed by action of the General Assembly. The General Assembly
15shall consider the results of the evaluations described in
16Section 8 in its deliberations.
17(Source: P.A. 95-48, eff. 8-10-07; 95-331, eff. 8-21-07; 96-33,
18eff. 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
20by changing Section 25 as follows:
 
21    (410 ILCS 413/25)
22    Sec. 25. Epilepsy Treatment and Education Grants-in-Aid
23Fund. The Epilepsy Treatment and Education Grants-in-Aid Fund
24is created as a special fund in the State treasury. Using

 

 

SB2958- 37 -LRB097 19675 HLH 64930 b

1appropriations from the Fund, the Department of Public Health
2shall provide grants-in-aid (i) to fund necessary educational
3activities and (ii) for the development and maintenance of
4services for victims of epilepsy and their families, as managed
5through an epilepsy program properly staffed and affiliated
6with a national epilepsy program. The Department shall adopt
7rules governing the distribution and specific purpose of these
8grants. Notwithstanding any other law to the contrary, the
9Epilepsy Treatment and Education Grants-in-Aid Fund is not
10subject 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
13Population Control Act is amended by changing Section 45 as
14follows:
 
15    (510 ILCS 92/45)
16    Sec. 45. Pet Population Control Fund. The Pet Population
17Control Fund is established as a special fund in the State
18treasury. The moneys generated from the public safety fines
19collected as provided in the Animal Control Act, from Pet
20Friendly license plates under Section 3-653 of the Illinois
21Vehicle Code, from Section 507EE of the Illinois Income Tax
22Act, and from voluntary contributions must be kept in the Fund
23and shall be used only to sterilize and vaccinate dogs and cats
24in this State pursuant to the program, to promote the

 

 

SB2958- 38 -LRB097 19675 HLH 64930 b

1sterilization program, to educate the public about the
2importance of spaying and neutering, and for reasonable
3administrative and personnel costs related to the Fund.
4Notwithstanding any other law to the contrary, the Pet
5Population Control Fund is not subject to sweeps or
6administrative charge-backs.
7(Source: P.A. 94-639, eff. 8-22-05.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

SB2958- 39 -LRB097 19675 HLH 64930 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 1305/10-6
4    20 ILCS 1305/10-8
5    20 ILCS 1305/10-30
6    20 ILCS 1305/10-65
7    20 ILCS 1805/22-9
8    20 ILCS 2310/2310-350was 20 ILCS 2310/55.70
9    20 ILCS 2310/2310-357
10    20 ILCS 2310/2310-358
11    20 ILCS 2310/2310-359
12    20 ILCS 2310/2310-361
13    20 ILCS 2310/2310-362
14    20 ILCS 2310/2310-371.5was 20 ILCS 2310/371
15    20 ILCS 2310/2310-373
16    20 ILCS 2310/2310-398was 20 ILCS 2310/55.91
17    20 ILCS 2310/2310-399
18    20 ILCS 2310/2310-403
19    20 ILCS 2310/2310-612
20    20 ILCS 2310/2310-635
21    20 ILCS 2310/2310-642
22    20 ILCS 2805/2from Ch. 126 1/2, par. 67
23    20 ILCS 2805/2g
24    30 ILCS 105/6z-76
25    30 ILCS 105/6z-83

 

 

SB2958- 40 -LRB097 19675 HLH 64930 b

1    30 ILCS 105/6z-84
2    30 ILCS 105/8.11from Ch. 127, par. 144.11
3    30 ILCS 105/8r new
4    305 ILCS 20/13
5    410 ILCS 413/25
6    510 ILCS 92/45