Illinois General Assembly - Full Text of SB2958
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Full Text of SB2958  97th General Assembly

SB2958sam001 97TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 3/26/2012

 

 


 

 


 
09700SB2958sam001LRB097 19675 HLH 66854 a

1
AMENDMENT TO SENATE BILL 2958

2    AMENDMENT NO. ______. Amend Senate Bill 2958 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1law to the contrary, the Crisis Nursery Fund is not subject to
2sweeps, administrative charge-backs, or any other fiscal or
3budgetary maneuver that would in any way transfer any amounts
4from the Crisis Nursery Fund into any other fund of the State.
5(Source: P.A. 96-627, eff. 8-24-09.)
 
6    (20 ILCS 1305/10-8)
7    Sec. 10-8. The Autism Research Fund; grants; scientific
8review committee. The Autism Research Fund is created as a
9special fund in the State treasury. From appropriations to the
10Department from the Fund, the Department must make grants to
11public or private entities in Illinois for the purpose of
12funding research concerning the disorder of autism. For
13purposes of this Section, the term "research" includes, without
14limitation, expenditures to develop and advance the
15understanding, techniques, and modalities effective in the
16detection, prevention, screening, and treatment of autism and
17may include clinical trials. No more than 20% of the grant
18funds may be used for institutional overhead costs, indirect
19costs, other organizational levies, or costs of
20community-based support services.
21    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 earned on
25moneys in the Fund must be deposited into the Fund.

 

 

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1Notwithstanding any other law to the contrary, the Autism
2Research Fund is not subject to sweeps, administrative
3charge-backs, or any other fiscal or budgetary maneuver that
4would in any way transfer any amounts from the Autism Research
5Fund into any other fund of the State.
6    Each year, grantees of the grants provided under this
7Section must submit a written report to the Department that
8sets forth the types of research that is conducted with the
9grant moneys and the status of that research.
10    The Department shall promulgate rules for the creation of a
11scientific review committee to review and assess applications
12for the grants authorized under this Section. The Committee
13shall serve without compensation.
14(Source: P.A. 94-442, eff. 8-4-05; 95-331, eff. 8-21-07.)
 
15    (20 ILCS 1305/10-30)
16    Sec. 10-30. Grants for health related programs for people
17with multiple sclerosis. Subject to appropriation, the
18Department shall make grants to organizations that are located
19in the State of Illinois for health-related programs for people
20with multiple sclerosis from the Multiple Sclerosis Assistance
21Fund, a special fund created in the State treasury.
22Notwithstanding any other law to the contrary, the Multiple
23Sclerosis Assistance Fund is not subject to sweeps,
24administrative charge-backs, or any other fiscal or budgetary
25maneuver that would in any way transfer any amounts from the

 

 

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1Multiple Sclerosis Assistance Fund into any other fund of the
2State.
3(Source: P.A. 92-772, eff. 8-6-02.)
 
4    (20 ILCS 1305/10-65)
5    Sec. 10-65. Hunger Relief Fund; grants.
6    (a) The Hunger Relief Fund is created as a special fund in
7the State treasury. From appropriations to the Department from
8the Fund, the Department shall make grants to food banks for
9the purpose of purchasing food and related supplies. In this
10Section, "food bank" means a public or charitable institution
11that maintains an established operation involving the
12provision of food or edible commodities, or the products of
13food or edible commodities, to food pantries, soup kitchens,
14hunger relief centers, or other food or feeding centers that,
15as an integral part of their normal activities, provide meals
16or food to feed needy persons on a regular basis.
17    (b) Moneys received for the purposes of this Section,
18including, without limitation, appropriations, gifts,
19donations, grants, and awards from any public or private entity
20must be deposited into the Fund. Any interest earned on moneys
21in the Fund must be deposited into the Fund.
22    (c) Notwithstanding any other law to the contrary, the
23Hunger Relief Fund is not subject to sweeps, administrative
24charge-backs, or any other fiscal or budgetary maneuver that
25would in any way transfer any amounts from the Hunger Relief

 

 

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1Fund into any other fund of the State.
2(Source: P.A. 96-604, eff. 8-24-09; 97-333, eff. 8-12-11.)
 
3    Section 10. The Military Code of Illinois is amended by
4changing Section 22-9 as follows:
 
5    (20 ILCS 1805/22-9)
6    Sec. 22-9. Power to make grants from the Illinois Military
7Family Relief Fund. Subject to appropriation, the Department of
8Military Affairs shall have the power to make grants from the
9Illinois Military Family Relief Fund, a special fund created in
10the State treasury, to (i) members of the Illinois National
11Guard or Illinois residents who are members of the reserves of
12the armed forces of the United States who have been called to
13active duty as a result of the September 11, 2001 terrorist
14attacks; (ii) for the casualty-based grant only: Illinois
15National Guard members or Illinois residents who are members of
16the reserves of the armed forces of the United States and who,
17while deployed in support of operations as a result of the
18September 11th terrorist attacks, sustained an injury as a
19result of terrorist activity; sustained an injury in combat, or
20related to combat, as a direct result of hostile action; or
21sustained an injury going to or returning from a combat
22mission, provided that the incident leading to the injury was
23directly related to hostile action; this includes injuries to
24service members who are wounded mistakenly or accidentally by

 

 

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1friendly fire directed at a hostile force or what is thought to
2be a hostile force; and (iii) families of the classes of
3persons listed in items (i) and (ii) of this Section. The
4Department of Military Affairs shall establish eligibility
5criteria for all grants by rule.
6    On and after the effective date of this amendatory Act of
7the 96th General Assembly, the Department must award at least
8$5,000 to each recipient of a casualty-based grant and must
9include Illinois residents who are active duty members of the
10armed forces of the United States in the eligibility for the
11casualty-based grant in item (ii) of this Section. Each
12recipient may receive only one casualty-based grant for
13injuries received during, or arising out of, the same
14engagement or incident.
15    Grants awarded from the Illinois Military Family Relief
16Fund shall not be subject to garnishment, wage levy,
17forfeiture, or other remedy, unless the denial of that remedy
18is inconsistent with the requirements of any other State or
19federal law.
20    In addition to amounts transferred into the Fund under
21Section 510 of the Illinois Income Tax Act, the State Treasurer
22shall accept and deposit into the Fund all gifts, grants,
23transfers, appropriations, and other amounts from any legal
24source, public or private, that are designated for deposit into
25the Fund. To prevent a delay of 30 or more days in the payment
26of casualty-based grants, the Department may use, for

 

 

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1administration of the program, as much as 5% of the
2appropriations designated for the casualty-based grant
3program.
4    Notwithstanding any other law to the contrary, the Illinois
5Military Family Relief Fund is not subject to sweeps,
6administrative charge-backs, or any other fiscal or budgetary
7maneuver that would in any way transfer any amounts from the
8Illinois Military Family Fund into any other fund of the State.
9(Source: P.A. 96-822, eff. 11-23-09.)
 
10    Section 15. The Department of Public Health Powers and
11Duties Law of the Civil Administrative Code of Illinois is
12amended by changing Sections 2310-350, 2310-357, 2310-358,
132310-359, 2310-361, 2310-362, 2310-371.5, 2310-373, 2310-398,
142310-399, 2310-403, 2310-612, 2310-635, and 2310-642 as
15follows:
 
16    (20 ILCS 2310/2310-350)  (was 20 ILCS 2310/55.70)
17    Sec. 2310-350. Penny Severns Breast, Cervical, and Ovarian
18Cancer Research Fund. From funds appropriated from the Penny
19Severns Breast, Cervical, and Ovarian Cancer Research Fund, the
20Department shall award grants to eligible physicians,
21hospitals, laboratories, education institutions, and other
22organizations and persons to enable organizations and persons
23to conduct research. Disbursements from the Penny Severns
24Breast, Cervical, and Ovarian Cancer Research Fund for the

 

 

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1purpose of ovarian cancer research shall be subject to
2appropriations. For the purposes of this Section, "research"
3includes, but is not limited to, expenditures to develop and
4advance the understanding, techniques, and modalities
5effective in early detection, prevention, cure, screening, and
6treatment of breast, cervical, and ovarian cancer and may
7include clinical trials.
8    Moneys received for the purposes of this Section, including
9but not limited to income tax checkoff receipts and gifts,
10grants, and awards from private foundations, nonprofit
11organizations, other governmental entities, and persons shall
12be deposited into the Penny Severns Breast, Cervical, and
13Ovarian Cancer Research Fund, which is hereby created as a
14special fund in the State treasury. Notwithstanding any other
15law to the contrary, the Penny Severns Breast, Cervical, and
16Ovarian Cancer Research Fund is not subject to sweeps,
17administrative charge-backs, or any other fiscal or budgetary
18maneuver that would in any way transfer any amounts from the
19Penny Severns Breast, Cervical, and Ovarian Cancer Research
20Fund into any other fund of the State.
21    The Department shall create an advisory committee with
22members from, but not limited to, the Illinois Chapter of the
23American Cancer Society, Y-Me, the Susan G. Komen Foundation,
24and the State Board of Health for the purpose of awarding
25research grants under this Section. Members of the advisory
26committee shall not be eligible for any financial compensation

 

 

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1or reimbursement.
2(Source: P.A. 94-119, eff. 1-1-06.)
 
3    (20 ILCS 2310/2310-357)
4    Sec. 2310-357. Leukemia, lymphoma, and myeloma grants. The
5Department of Public Health may make grants to public and
6private hospitals, medical centers, medical schools, and other
7organizations for education on and treatment of leukemia,
8lymphoma, and myeloma from appropriations to the Department
9from the Leukemia Treatment and Education Fund, a special fund
10created in the State treasury. Notwithstanding any other law to
11the contrary, the Leukemia Treatment and Education Fund is not
12subject to sweeps, administrative charge-backs, or any other
13fiscal or budgetary maneuver that would in any way transfer any
14amounts from the Leukemia Treatment and Education Fund into any
15other fund of the State.
16(Source: P.A. 93-324, eff. 7-23-03.)
 
17    (20 ILCS 2310/2310-358)
18    Sec. 2310-358. Grants to the Les Turner ALS Foundation.
19Subject to appropriation, the Department of Public Health shall
20make grants from the Lou Gehrig's Disease (ALS) Research Fund,
21a special fund in the State treasury, to the Les Turner ALS
22Foundation for research on Amyotrophic Lateral Sclerosis
23(ALS). Notwithstanding any other law to the contrary, the Lou
24Gerhig's Disease (ALS) Research Fund is not subject to sweeps,

 

 

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1administrative charge-backs, or any other fiscal or budgetary
2maneuver that would in any way transfer any amounts from the
3Lou Gerhig's Disease (ALS) Research Fund into any other fund of
4the State.
5(Source: P.A. 93-36, eff. 6-24-03.)
 
6    (20 ILCS 2310/2310-359)
7    Sec. 2310-359. The Illinois Brain Tumor Research Fund. The
8Illinois Brain Tumor Research Fund is hereby created as a
9special fund in the State treasury. From appropriations to the
10Department from the Fund, the Department shall make grants to
11public and private entities for the purpose of research
12dedicated to the elimination of brain tumors. Notwithstanding
13any other law to the contrary, the Illinois Brain Tumor
14Research Fund is not subject to sweeps, administrative
15charge-backs, or any other fiscal or budgetary maneuver that
16would in any way transfer any amounts from the Illinois Brain
17Tumor Research Fund into any other fund of the State.
18(Source: P.A. 94-649, eff. 8-22-05.)
 
19    (20 ILCS 2310/2310-361)
20    Sec. 2310-361. The Lung Cancer Research Fund. The Lung
21Cancer Research Fund is created as a special fund in the State
22treasury. From appropriations to the Department from the Fund,
23the Department shall make grants to public or private
24not-for-profit entities for the purpose of lung cancer

 

 

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1research. Notwithstanding any other law to the contrary, the
2Lung Cancer Research Fund is not subject to sweeps,
3administrative charge-backs, or any other fiscal or budgetary
4maneuver that would in any way transfer any amounts from the
5Lung Cancer Research Fund into any other fund of the State.
6(Source: P.A. 95-434, eff. 8-27-07; 95-876, eff. 8-21-08.)
 
7    (20 ILCS 2310/2310-362)
8    Sec. 2310-362. The Autoimmune Disease Research Fund.
9    (a) The Autoimmune Disease Research Fund is created as a
10special fund in the State treasury. From appropriations to the
11Department from the Fund, the Department shall make grants to
12public and private entities in the State for the purpose of
13funding research for the treatment and cure of autoimmune
14diseases.
15    (b) For the purposes of this Section:
16    "Autoimmune disease" means any disease that results from an
17aberrant immune response, including, without limitation,
18rheumatoid arthritis, systemic lupus erythematosus, and
19scleroderma.
20    "Research" includes, without limitation, expenditures to
21develop and advance the understanding, techniques, and
22modalities effective in the detection, prevention, screening,
23and treatment of autoimmune disease and may include clinical
24trials. "Research" does not include institutional overhead
25costs, indirect costs, other organizational levies, or costs of

 

 

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1community-based support services.
2    (c) Moneys received for the purposes of this Section,
3including, without limitation, income tax checkoff receipts
4and gifts, grants, and awards from any public or private
5entity, must be deposited into the Fund. Any interest earnings
6that are attributable to moneys in the Fund must be deposited
7into the Fund. Notwithstanding any other law to the contrary,
8the Autoimmune Disease Research Fund is not subject to sweeps,
9administrative charge-backs, or any other fiscal or budgetary
10maneuver that would in any way transfer any amounts from the
11Autoimmune Disease Research Fund into any other fund of the
12State.
13(Source: P.A. 95-435, eff. 8-27-07; 95-876, eff. 8-21-08.)
 
14    (20 ILCS 2310/2310-371.5)  (was 20 ILCS 2310/371)
15    Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to
16appropriation, the Department of Public Health has the power to
17make matching grants from the Heartsaver AED Fund, a special
18fund created in the State treasury, to any school in the State,
19public park district, forest preserve district, conservation
20district, municipal recreation department, college, or
21university to assist in the purchase of an Automated External
22Defibrillator. Applicants for AED grants must demonstrate that
23they have funds to pay 50% of the cost of the AEDs for which
24matching grant moneys are sought. Any school, public park
25district, forest preserve district, conservation district,

 

 

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1municipal recreation department, college, or university
2applying for the grant shall not receive more than one grant
3from the Heartsaver AED Fund each fiscal year. The State
4Treasurer shall accept and deposit into the Fund all gifts,
5grants, transfers, appropriations, and other amounts from any
6legal source, public or private, that are designated for
7deposit into the Fund. Notwithstanding any other law to the
8contrary, the Heartsaver AED Fund is not subject to sweeps,
9administrative charge-backs, or any other fiscal or budgetary
10maneuver that would in any way transfer any amounts from the
11Heartsaver AED Fund into any other fund of the State.
12(Source: P.A. 95-331, eff. 8-21-07; 95-721, eff. 6-3-08.)
 
13    (20 ILCS 2310/2310-373)
14    Sec. 2310-373. The Asthma and Lung Research Fund. There is
15created in the State treasury the Asthma and Lung Research
16Fund. Subject to appropriation, the Department must make grants
17from the fund for the Asthma Clinical Research Program
18administered by the American Lung Association. Notwithstanding
19any other law to the contrary, the Asthma and Lung Research
20Fund is not subject to sweeps, administrative charge-backs, or
21any other fiscal or budgetary maneuver that would in any way
22transfer any amounts from the Asthma and Lung Research Fund
23into any other fund of the State.
24(Source: P.A. 93-292, eff. 7-22-03.)
 

 

 

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1    (20 ILCS 2310/2310-398)  (was 20 ILCS 2310/55.91)
2    Sec. 2310-398. Prostate Cancer Research Fund; grants. From
3funds appropriated from the Prostate Cancer Research Fund, a
4special fund created in the State treasury, the Department of
5Public Health shall make grants to public or private entities
6in Illinois, which may include the Lurie Comprehensive Cancer
7Center at the Northwestern University Medical School and the
8Kellogg Cancer Care Center at Evanston/Glenbrook Hospitals,
9for the purpose of funding research applicable to prostate
10cancer patients. The grant funds may not be used for
11institutional overhead costs, indirect costs, other
12organizational levies, or costs of community-based support
13services. Notwithstanding any other law to the contrary, the
14Prostate Cancer Research Fund is not subject to sweeps,
15administrative charge-backs, or any other fiscal or budgetary
16maneuver that would in any way transfer any amounts from the
17Prostate Cancer Research Fund into any other fund of the State.
18(Source: P.A. 91-104, eff. 7-13-99; 92-16, eff. 6-28-01.)
 
19    (20 ILCS 2310/2310-399)
20    Sec. 2310-399. Colon cancer awareness campaign; the Vince
21Demuzio Memorial Colon Cancer Fund.
22    (a) The Department must establish and maintain a public
23awareness campaign to target areas in Illinois with high colon
24cancer mortality rates. The campaign must be developed in
25conjunction with recommendations made by the American Cancer

 

 

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1Society.
2    (b) The Vince Demuzio Memorial Colon Cancer Fund is created
3as a special fund in the State treasury. From appropriations to
4the Department from the Fund, the Department must operate the
5public awareness campaign set forth under subsection (a). The
6moneys from the Fund may not be used for institutional overhead
7costs, indirect costs, other organizational levies, or costs of
8community-based support services.
9    Moneys received for the purposes of this Section,
10including, without limitation, income tax checkoff receipts
11and gifts, grants, and awards from any public or private
12entity, must be deposited into the Fund. Any interest earned on
13moneys in the Fund must be deposited into the Fund.
14Notwithstanding any other law to the contrary, the Vince
15Demuzio Memorial Colon Cancer Fund is not subject to sweeps,
16administrative charge-backs, or any other fiscal or budgetary
17maneuver that would in any way transfer any amounts from the
18Vince Demuzio Memorial Colon Cancer Fund into any other fund of
19the State.
20(Source: P.A. 94-142, eff. 1-1-06.)
 
21    (20 ILCS 2310/2310-403)
22    Sec. 2310-403. Sarcoidosis Research Fund. To make grants
23for sarcoidosis research from appropriations to the Department
24from the Sarcoidosis Research Fund. Notwithstanding any other
25law to the contrary, the Sarcoidosis Research Fund is not

 

 

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1subject to sweeps, administrative charge-backs, or any other
2fiscal or budgetary maneuver that would in any way transfer any
3amounts from the Sarcoidosis Research Fund into any other fund
4of the State.
5(Source: P.A. 94-141, eff. 1-1-06.)
 
6    (20 ILCS 2310/2310-612)
7    Sec. 2310-612. Blindness prevention grants.
8    (a) From funds appropriated from the Blindness Prevention
9Fund, a special fund created in the State treasury, the
10Department must make grants to charitable or educational
11entities in Illinois for the purpose of funding (i) public
12education on the importance of eye care and the prevention of
13blindness and (ii) the provision of eye care to children,
14senior citizens, and other needy individuals whose needs are
15not covered by any other source of funds. Notwithstanding any
16other law to the contrary, the Blindness Prevention Fund is not
17subject to sweeps, administrative charge-backs, or any other
18fiscal or budgetary maneuver that would in any way transfer any
19amounts from the Blindness Prevention Fund into any other fund
20of the State.
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.
25    (c) A grant under this Section shall be made for a period

 

 

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1of one year and, subject to the availability of funds, may be
2renewed by the Department.
3    (d) The Department must create an advisory committee to
4make recommendations to the Department concerning grant
5proposals. The advisory committee shall consist of one
6representative from the Illinois Society for the Prevention of
7Blindness, one licensed doctor of optometry, one member of the
8Gateway Lions & Partners, one optometric educator from a school
9of optometry located within Illinois, and one member from the
10general public. Members of the advisory committee may not
11receive compensation or reimbursement for their services.
12Members of the committee must recuse themselves from
13consideration of any grant proposals submitted by any entity
14from which they were appointed.
15    (e) The Department must adopt any rules necessary to
16implement and administer this Section, including, without
17limitation, a methodology for determining regions of the State.
18(Source: P.A. 94-602, eff. 8-16-05.)
 
19    (20 ILCS 2310/2310-635)
20    Sec. 2310-635. Healthy Smiles Fund; grants. Subject to
21appropriation, the Department of Public Health has the power to
22make grants or use moneys in the Healthy Smiles Fund, a special
23fund created in the State treasury, to secure federal matching
24grants to provide for quality assurance program evaluation
25activities for school-based, school-linked oral health

 

 

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1programs operating under the auspices of either the Department
2of Public Health or the Department of Healthcare and Family
3Services. The Department shall accept and deposit with the
4State Treasurer all gifts, grants, transfers, appropriations,
5and other amounts from any legal source, public or private,
6that are designated for deposit into the Fund. Notwithstanding
7any other law to the contrary, the Healthy Smiles Fund is not
8subject to sweeps, administrative charge-backs, or any other
9fiscal or budgetary maneuver that would in any way transfer any
10amounts from the Healthy Smiles Fund into any other fund of the
11State.
12(Source: P.A. 95-940, eff. 8-29-08.)
 
13    (20 ILCS 2310/2310-642)
14    Sec. 2310-642. Diabetes; transfer of functions from
15Department of Human Services.
16    (a) Diabetes Research Checkoff Fund; grants. The Diabetes
17Research Checkoff Fund is a special fund in the State treasury.
18On and after July 1, 2010, from appropriations to the
19Department from that Fund, the Department shall make grants to
20recognized public or private entities in Illinois for the
21purpose of funding research concerning the disease of diabetes.
22At least 50% of the grants made from the Fund by the Department
23shall be made to entities that conduct research for juvenile
24diabetes. For purposes of this subsection, the term "research"
25includes, without limitation, expenditures to develop and

 

 

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

 

 

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1Assembly concerning its activities and accomplishments under
2this subsection during the previous calendar year.
3    (c) Transfer of functions from Department of Human
4Services.
5        (1) Transfer. On the effective date of this amendatory
6    Act of the 96th General Assembly, all functions performed
7    by the Department of Human Services in connection with
8    Sections 10-9 and 10-10 of the Department of Human Services
9    Act (now repealed, and replaced by subsections (a) and (b),
10    respectively, of this Section), together with all of the
11    powers, duties, rights, and responsibilities of the
12    Department of Human Services relating to those functions,
13    are transferred from the Department of Human Services to
14    the Department of Public Health.
15        The Department of Human Services and the Department of
16    Public Health shall cooperate to ensure that the transfer
17    of functions is completed as soon as practical.
18        (2) Effect of transfer. Neither the functions
19    transferred under this subsection, nor any powers, duties,
20    rights, and responsibilities relating to those functions,
21    are affected by this amendatory Act of the 96th General
22    Assembly, except that all such functions, powers, duties,
23    rights, and responsibilities shall be performed or
24    exercised by the Department of Public Health on and after
25    the effective date of this amendatory Act of the 96th
26    General Assembly.

 

 

09700SB2958sam001- 21 -LRB097 19675 HLH 66854 a

1        (3) The staff of the Department of Human Services
2    engaged in the performance of the functions transferred
3    under this subsection may be transferred to the Department
4    of Public Health. The status and rights of those employees
5    under the Personnel Code shall not be affected by the
6    transfers. The rights of the employees, the State of
7    Illinois, and its agencies under the Personnel Code and
8    applicable collective bargaining agreements, or under any
9    pension, retirement, or annuity plan, shall not be affected
10    by this amendatory Act of the 96th General Assembly.
11        (4) Books and records transferred. All books, records,
12    papers, documents, contracts, and pending business
13    pertaining to the functions transferred under this
14    subsection, including but not limited to material in
15    electronic or magnetic format, shall be transferred to the
16    Department of Public Health. The transfer of that
17    information shall not, however, violate any applicable
18    confidentiality constraints.
19        (5) Unexpended moneys transferred. All unexpended
20    appropriation balances and other funds otherwise available
21    to the Department of Human Services for use in connection
22    with the functions transferred under this subsection shall
23    be transferred and made available to the Department of
24    Public Health for use in connection with the functions
25    transferred under this subsection. Unexpended balances so
26    transferred shall be expended only for the purpose for

 

 

09700SB2958sam001- 22 -LRB097 19675 HLH 66854 a

1    which the appropriations were originally made.
2        (6) Exercise of transferred powers; savings
3    provisions. The powers, duties, rights, and
4    responsibilities relating to the functions transferred
5    under this subsection are vested in and shall be exercised
6    by the Department of Public Health. Each act done in
7    exercise of those powers, duties, rights, and
8    responsibilities shall have the same legal effect as if
9    done by the Department of Human Services or its divisions,
10    officers, or employees.
11        (7) Persons subject to penalties. Every officer,
12    employee, or agent of the Department of Public Health
13    shall, for any offense, be subject to the same penalty or
14    penalties, civil or criminal, as are prescribed by existing
15    laws for the same offense by any officer, employee, or
16    agent whose powers or duties were transferred under this
17    subsection.
18        (8) Reports or notices. Whenever reports or notices are
19    now required to be made or given or papers or documents
20    furnished or served by any person to or upon the Department
21    of Human Services in connection with any of the functions
22    transferred under this subsection, the same shall be made,
23    given, furnished, or served in the same manner to or upon
24    the Department of Public Health.
25        (9) This subsection shall not affect any act done,
26    ratified, or canceled, or any right occurring or

 

 

09700SB2958sam001- 23 -LRB097 19675 HLH 66854 a

1    established, or any action or proceeding had or commenced
2    in an administrative, civil, or criminal case, regarding
3    the functions of the Department of Human Services before
4    this amendatory Act of the 96th General Assembly takes
5    effect; such actions may be prosecuted, defended, or
6    continued by the Department of Public Health.
7        (10) Rules. Any rules of the Department of Human
8    Services that relate to the functions transferred under
9    this subsection that are in full force on the effective
10    date of this amendatory Act of the 96th General Assembly,
11    and that have been duly adopted by the Department of Human
12    Services, shall become the rules of the Department of
13    Public Health. This subsection shall not affect the
14    legality of any such rules in the Illinois Administrative
15    Code. Any proposed rules filed with the Secretary of State
16    by the Department of Human Services that are pending in the
17    rulemaking process on the effective date of this amendatory
18    Act of the 96th General Assembly, and that pertain to the
19    functions transferred, shall be deemed to have been filed
20    by the Department of Public Health. As soon as practicable
21    after the effective date of this amendatory Act of the 96th
22    General Assembly, the Department of Public Health shall
23    revise and clarify the rules transferred to it under this
24    subsection to reflect the reorganization of powers,
25    duties, rights, and responsibilities affected by this
26    subsection, using the procedures for recodification of

 

 

09700SB2958sam001- 24 -LRB097 19675 HLH 66854 a

1    rules available under the Illinois Administrative
2    Procedure Act, except that existing title, part, and
3    section numbering for the affected rules may be retained.
4        The Department of Public Health, consistent with the
5    Department of Human Services' authority to do so, may
6    propose and adopt, under the Illinois Administrative
7    Procedure Act, such other rules of the Department of Human
8    Services that will now be administered by the Department of
9    Public Health.
10        To the extent that, prior to the effective date of the
11    transfer of functions under this subsection, the Secretary
12    of Human Services had been empowered to prescribe
13    regulations or had other authority with respect to the
14    transferred functions, such duties shall be exercised from
15    and after the effective date of the transfer by the
16    Director of Public Health.
17        (11) Successor Agency Act. For the purposes of the
18    Successor Agency Act, the Department of Public Health is
19    declared to be the successor agency of the Department of
20    Human Services, but only with respect to the functions that
21    are transferred to the Department of Public Health under
22    this subsection.
23        (12) Statutory references. Whenever a provision of law
24    refers to the Department of Human Services in connection
25    with its performance of a function that is transferred to
26    the Department of Public Health under this subsection, that

 

 

09700SB2958sam001- 25 -LRB097 19675 HLH 66854 a

1    provision shall be deemed to refer to the Department of
2    Public Health on and after the effective date of this
3    amendatory Act of the 96th General Assembly.
4(Source: P.A. 96-1406, eff. 7-29-10.)
 
5    Section 20. The Department of Veterans Affairs Act is
6amended by changing Sections 2 and 2g as follows:
 
7    (20 ILCS 2805/2)  (from Ch. 126 1/2, par. 67)
8    Sec. 2. Powers and duties. The Department shall have the
9following powers and duties:
10    To perform such acts at the request of any veteran, or his
11or her spouse, surviving spouse or dependents as shall be
12reasonably necessary or reasonably incident to obtaining or
13endeavoring to obtain for the requester any advantage, benefit
14or emolument accruing or due to such person under any law of
15the United States, the State of Illinois or any other state or
16governmental agency by reason of the service of such veteran,
17and in pursuance thereof shall:
18        (1) Contact veterans, their survivors and dependents
19    and advise them of the benefits of state and federal laws
20    and assist them in obtaining such benefits;
21        (2) Establish field offices and direct the activities
22    of the personnel assigned to such offices;
23        (3) Create a volunteer field force of accredited
24    representatives, representing educational institutions,

 

 

09700SB2958sam001- 26 -LRB097 19675 HLH 66854 a

1    labor organizations, veterans organizations, employers,
2    churches, and farm organizations;
3        (4) Conduct informational and training services;
4        (5) Conduct educational programs through newspapers,
5    periodicals and radio for the specific purpose of
6    disseminating information affecting veterans and their
7    dependents;
8        (6) Coordinate the services and activities of all state
9    departments having services and resources affecting
10    veterans and their dependents;
11        (7) Encourage and assist in the coordination of
12    agencies within counties giving service to veterans and
13    their dependents;
14        (8) Cooperate with veterans organizations and other
15    governmental agencies;
16        (9) Make, alter, amend and promulgate reasonable rules
17    and procedures for the administration of this Act;
18        (10) Make and publish annual reports to the Governor
19    regarding the administration and general operation of the
20    Department;
21        (11) (Blank); and
22        (12) Conduct an annual review of the benefits received
23    by Illinois veterans that compares benefits received by
24    Illinois veterans with the benefits received by veterans in
25    all other states and U.S. territories. The required annual
26    review shall include, but not be limited to, (1) the

 

 

09700SB2958sam001- 27 -LRB097 19675 HLH 66854 a

1    average benefit paid to individual veterans from Illinois,
2    in direct comparison to the average benefit paid to
3    individual veterans of each of the other states and U.S.
4    territories; (2) the number of veterans receiving benefits
5    in Illinois for the first time during the year compared to
6    the number of claims filed by Illinois veterans during the
7    year; (3) the aggregate number of Illinois veterans
8    receiving benefits compared to the number of veterans from
9    each of the other states and U.S. territories receiving
10    benefits; and (4) a categorical analysis of the types of
11    injuries and disabilities for which benefits are being paid
12    in Illinois and each of the other states and U.S.
13    territories. The benefits review shall be reported to the
14    Governor, the General Assembly, and the Illinois
15    Congressional delegation upon the completion of the report
16    each year.
17    The Department may accept and hold on behalf of the State,
18if for the public interest, a grant, gift, devise or bequest of
19money or property to the Department made for the general
20benefit of Illinois veterans, including the conduct of
21informational and training services by the Department and other
22authorized purposes of the Department. The Department shall
23cause each grant, gift, devise or bequest to be kept as a
24distinct fund and shall invest such funds in the manner
25provided by the Public Funds Investment Act, as now or
26hereafter amended, and shall make such reports as may be

 

 

09700SB2958sam001- 28 -LRB097 19675 HLH 66854 a

1required by the Comptroller concerning what funds are so held
2and the manner in which such funds are invested. The Department
3may make grants from these funds for the general benefit of
4Illinois veterans. Grants from these funds, except for the
5funds established under Sections 2.01a and 2.03, shall be
6subject to appropriation.
7    The Department has the power to make grants, from funds
8appropriated from the Korean War Veterans National Museum and
9Library Fund, to private organizations for the benefit of the
10Korean War Veterans National Museum and Library.
11Notwithstanding any other law to the contrary, the Korean War
12Veterans National Museum and Library Fund is not subject to
13sweeps, administrative charge-backs, or any other fiscal or
14budgetary maneuver that would in any way transfer any amounts
15from the Korean War Veterans National Museum and Library Fund
16into any other fund of the State.
17    The Department has the power to make grants, from funds
18appropriated from the Illinois Military Family Relief Fund, for
19benefits authorized under the Survivors Compensation Act.
20(Source: P.A. 97-297, eff. 1-1-12.)
 
21    (20 ILCS 2805/2g)
22    Sec. 2g. The Illinois Veterans' Homes Fund. The Illinois
23Veterans' Homes Fund is hereby created as a special fund in the
24State treasury. From appropriations to the Department from the
25Fund the Department shall purchase needed equipment and

 

 

09700SB2958sam001- 29 -LRB097 19675 HLH 66854 a

1supplies to enhance the lives of the residents at and to
2enhance the operations of veterans' homes in Illinois.
3Notwithstanding any other law to the contrary, the Illinois
4Veterans' Homes Fund is not subject to sweeps, administrative
5charge-backs, or any other fiscal or budgetary maneuver that
6would in any way transfer any amounts from the Illinois
7Veterans' Homes Fund into any other fund of the State.
8(Source: P.A. 93-776, eff. 7-21-04.)
 
9    Section 25. The State Finance Act is amended by changing
10Sections 6z-76, 6z-83, 6z-84, and 8.11 and by adding Section 8r
11as follows:
 
12    (30 ILCS 105/6z-76)
13    Sec. 6z-76. Illinois Route 66 Fund. The Illinois Route 66
14Fund is created as a special fund in the State treasury.
15Subject to appropriation, the Fund shall be used by the
16Department of Commerce and Economic Opportunity to make grants
17to not-for-profit corporations that have a statewide impact on
18Illinois Route 66 and that maintain, improve, or repair
19Historic Route 66 in Illinois. Grant moneys may be used for
20tourism promotion, matching grant funds, project development
21and implementation, grants to units of local government, and
22rehabilitation of historic structures. Notwithstanding any
23other law to the contrary, the Illinois Route 66 Fund is not
24subject to sweeps, administrative charge-backs, or any other

 

 

09700SB2958sam001- 30 -LRB097 19675 HLH 66854 a

1fiscal or budgetary maneuver that would in any way transfer any
2amounts from the Illinois Route 66 Fund into any other fund of
3the State.
4(Source: P.A. 96-1424, eff. 8-3-10.)
 
5    (30 ILCS 105/6z-83)
6    Sec. 6z-83. The Disabled Veterans Property Tax Relief Fund;
7creation. The Disabled Veterans Property Tax Relief Fund is
8created as a special fund in the State treasury. Subject to
9appropriation, moneys in the Fund shall be used by the
10Department of Veterans' Affairs for the purpose of providing
11property tax relief to disabled veterans. The Department of
12Veterans' Affairs may adopt rules to implement this Section.
13Notwithstanding any other law to the contrary, the Disabled
14Veterans Property Tax Relief Fund is not subject to sweeps,
15administrative charge-backs, or any other fiscal or budgetary
16maneuver that would in any way transfer any amounts from the
17Disabled Veterans Property Tax Relief Fund into any other fund
18of the State.
19(Source: P.A. 96-1424, eff. 8-3-10.)
 
20    (30 ILCS 105/6z-84)
21    Sec. 6z-84. The Habitat for Humanity Fund; creation. The
22Habitat for Humanity Fund is created as a special fund in the
23State treasury. Moneys in the Fund shall be appropriated to the
24Department of Human Services for the purpose of making grants

 

 

09700SB2958sam001- 31 -LRB097 19675 HLH 66854 a

1to Habitat for Humanity of Illinois, Inc., for the purpose of
2supporting Habitat for Humanity projects in Illinois.
3Notwithstanding any other law to the contrary, the Habitat for
4Humanity Fund is not subject to sweeps, administrative
5charge-backs, or any other fiscal or budgetary maneuver that
6would in any way transfer any amounts from the Habitat for
7Humanity Fund into any other fund of the State.
8(Source: P.A. 96-1424, eff. 8-3-10; 97-333, eff. 8-12-11.)
 
9    (30 ILCS 105/8.11)  (from Ch. 127, par. 144.11)
10    Sec. 8.11. Except as otherwise provided in this Section,
11appropriations from the State Parks Fund shall be made only to
12the Department of Natural Resources and shall, except for the
13additional moneys deposited under Section 805-550 of the
14Department of Natural Resources (Conservation) Law of the Civil
15Administrative Code of Illinois, be used only for the
16maintenance, development, operation, control and acquisition
17of State parks.
18    Revenues derived from the Illinois and Michigan Canal from
19the sale of Canal lands, lease of Canal lands, Canal
20concessions, and other Canal activities, which have been placed
21in the State Parks Fund may be appropriated to the Department
22of Natural Resources for that Department to use, either
23independently or in cooperation with any Department or Agency
24of the Federal or State Government or any political subdivision
25thereof for the development and management of the Canal and its

 

 

09700SB2958sam001- 32 -LRB097 19675 HLH 66854 a

1adjacent lands as outlined in the master plan for such
2development and management.
3    Notwithstanding any other law to the contrary, the State
4Parks Fund is not subject to sweeps, administrative
5charge-backs, or any other fiscal or budgetary maneuver that
6would in any way transfer any amounts from the State Parks Fund
7into any other fund of the State.
8(Source: P.A. 96-1160, eff. 1-1-11.)
 
9    (30 ILCS 105/8r new)
10    Sec. 8r. Transfers from checkoff funds. Notwithstanding
11any other law to the contrary, if, under Article 5 of the
12Illinois Income Tax Act, the Department of Revenue prints on
13its standard individual income tax form a provision indicating
14that a taxpayer may contribute to a fund, then that fund is not
15subject to sweeps, administrative charge-backs, or any other
16fiscal or budgetary maneuver that would in any way transfer any
17amounts from that fund into any other fund of the State.
 
18    Section 30. The Energy Assistance Act is amended by
19changing Section 13 as follows:
 
20    (305 ILCS 20/13)
21    (Section scheduled to be repealed on December 31, 2013)
22    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
23    (a) The Supplemental Low-Income Energy Assistance Fund is

 

 

09700SB2958sam001- 33 -LRB097 19675 HLH 66854 a

1hereby created as a special fund in the State Treasury. The
2Supplemental Low-Income Energy Assistance Fund is authorized
3to receive moneys from voluntary donations from individuals,
4foundations, corporations, and other sources, moneys received
5pursuant to Section 17, and, by statutory deposit, the moneys
6collected pursuant to this Section. The Fund is also authorized
7to receive voluntary donations from individuals, foundations,
8corporations, and other sources, as well as contributions made
9in accordance with Section 507MM of the Illinois Income Tax
10Act. Subject to appropriation, the Department shall use moneys
11from the Supplemental Low-Income Energy Assistance Fund for
12payments to electric or gas public utilities, municipal
13electric or gas utilities, and electric cooperatives on behalf
14of their customers who are participants in the program
15authorized by Sections 4 and 18 of this Act, for the provision
16of weatherization services and for administration of the
17Supplemental Low-Income Energy Assistance Fund. The yearly
18expenditures for weatherization may not exceed 10% of the
19amount collected during the year pursuant to this Section. The
20yearly administrative expenses of the Supplemental Low-Income
21Energy Assistance Fund may not exceed 10% of the amount
22collected during that year pursuant to this Section.
23Notwithstanding any other law to the contrary, the Supplemental
24Low-Income Energy Assistance Fund is not subject to sweeps,
25administrative charge-backs, or any other fiscal or budgetary
26maneuver that would in any way transfer any amounts from the

 

 

09700SB2958sam001- 34 -LRB097 19675 HLH 66854 a

1Supplemental Low-Income Energy Assistance Fund into any other
2fund of the State.
3    (b) Notwithstanding the provisions of Section 16-111 of the
4Public Utilities Act but subject to subsection (k) of this
5Section, each public utility, electric cooperative, as defined
6in Section 3.4 of the Electric Supplier Act, and municipal
7utility, as referenced in Section 3-105 of the Public Utilities
8Act, that is engaged in the delivery of electricity or the
9distribution of natural gas within the State of Illinois shall,
10effective January 1, 1998, assess each of its customer accounts
11a monthly Energy Assistance Charge for the Supplemental
12Low-Income Energy Assistance Fund. The delivering public
13utility, municipal electric or gas utility, or electric or gas
14cooperative for a self-assessing purchaser remains subject to
15the collection of the fee imposed by this Section. The monthly
16charge shall be as follows:
17        (1) $0.48 per month on each account for residential
18    electric service;
19        (2) $0.48 per month on each account for residential gas
20    service;
21        (3) $4.80 per month on each account for non-residential
22    electric service which had less than 10 megawatts of peak
23    demand during the previous calendar year;
24        (4) $4.80 per month on each account for non-residential
25    gas service which had distributed to it less than 4,000,000
26    therms of gas during the previous calendar year;

 

 

09700SB2958sam001- 35 -LRB097 19675 HLH 66854 a

1        (5) $360 per month on each account for non-residential
2    electric service which had 10 megawatts or greater of peak
3    demand during the previous calendar year; and
4        (6) $360 per month on each account for non-residential
5    gas service which had 4,000,000 or more therms of gas
6    distributed to it during the previous calendar year.
7    The incremental change to such charges imposed by this
8amendatory Act of the 96th General Assembly shall not (i) be
9used for any purpose other than to directly assist customers
10and (ii) be applicable to utilities serving less than 100,000
11customers in Illinois on January 1, 2009.
12    In addition, electric and gas utilities have committed, and
13shall contribute, a one-time payment of $22 million to the
14Fund, within 10 days after the effective date of the tariffs
15established pursuant to Sections 16-111.8 and 19-145 of the
16Public Utilities Act to be used for the Department's cost of
17implementing the programs described in Section 18 of this
18amendatory Act of the 96th General Assembly, the Arrearage
19Reduction Program described in Section 18, and the programs
20described in Section 8-105 of the Public Utilities Act. If a
21utility elects not to file a rider within 90 days after the
22effective date of this amendatory Act of the 96th General
23Assembly, then the contribution from such utility shall be made
24no later than February 1, 2010.
25    (c) For purposes of this Section:
26        (1) "residential electric service" means electric

 

 

09700SB2958sam001- 36 -LRB097 19675 HLH 66854 a

1    utility service for household purposes delivered to a
2    dwelling of 2 or fewer units which is billed under a
3    residential rate, or electric utility service for
4    household purposes delivered to a dwelling unit or units
5    which is billed under a residential rate and is registered
6    by a separate meter for each dwelling unit;
7        (2) "residential gas service" means gas utility
8    service for household purposes distributed to a dwelling of
9    2 or fewer units which is billed under a residential rate,
10    or gas utility service for household purposes distributed
11    to a dwelling unit or units which is billed under a
12    residential rate and is registered by a separate meter for
13    each dwelling unit;
14        (3) "non-residential electric service" means electric
15    utility service which is not residential electric service;
16    and
17        (4) "non-residential gas service" means gas utility
18    service which is not residential gas service.
19    (d) Within 30 days after the effective date of this
20amendatory Act of the 96th General Assembly, each public
21utility engaged in the delivery of electricity or the
22distribution of natural gas shall file with the Illinois
23Commerce Commission tariffs incorporating the Energy
24Assistance Charge in other charges stated in such tariffs,
25which shall become effective no later than the beginning of the
26first billing cycle following such filing.

 

 

09700SB2958sam001- 37 -LRB097 19675 HLH 66854 a

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

 

 

09700SB2958sam001- 38 -LRB097 19675 HLH 66854 a

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

 

 

09700SB2958sam001- 39 -LRB097 19675 HLH 66854 a

1the charge. If a municipal electric or gas utility or electric
2or gas cooperative does not assess this charge, the Department
3may not use funds from the Supplemental Low-Income Energy
4Assistance Fund to provide benefits to its customers under the
5program authorized by Section 4 of this Act.
6    In its use of federal funds under this Act, the Department
7may not cause a disproportionate share of those federal funds
8to benefit customers of systems which do not assess the charge
9provided by this Section.
10    This Section is repealed effective December 31, 2013 unless
11renewed by action of the General Assembly. The General Assembly
12shall consider the results of the evaluations described in
13Section 8 in its deliberations.
14(Source: P.A. 95-48, eff. 8-10-07; 95-331, eff. 8-21-07; 96-33,
15eff. 7-10-09; 96-154, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
16    Section 35. The Epilepsy Disease Assistance Act is amended
17by changing Section 25 as follows:
 
18    (410 ILCS 413/25)
19    Sec. 25. Epilepsy Treatment and Education Grants-in-Aid
20Fund. The Epilepsy Treatment and Education Grants-in-Aid Fund
21is created as a special fund in the State treasury. Using
22appropriations from the Fund, the Department of Public Health
23shall provide grants-in-aid (i) to fund necessary educational
24activities and (ii) for the development and maintenance of

 

 

09700SB2958sam001- 40 -LRB097 19675 HLH 66854 a

1services for victims of epilepsy and their families, as managed
2through an epilepsy program properly staffed and affiliated
3with a national epilepsy program. The Department shall adopt
4rules governing the distribution and specific purpose of these
5grants. Notwithstanding any other law to the contrary, the
6Epilepsy Treatment and Education Grants-in-Aid Fund is not
7subject to sweeps, administrative charge-backs, or any other
8fiscal or budgetary maneuver that would in any way transfer any
9amounts from the Epilepsy Treatment and Education
10Grants-in-Aid Fund into any other fund of the State.
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

 

 

09700SB2958sam001- 41 -LRB097 19675 HLH 66854 a

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,
6administrative charge-backs, or any other fiscal or budgetary
7maneuver that would in any way transfer any amounts from the
8Pet Population Control Fund into any other fund of the State.
9(Source: P.A. 94-639, eff. 8-22-05.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".