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90_HB2221
New Act
15 ILCS 20/38.1 from Ch. 127, par. 38.1
Creates the Americans with Disabilities Act of 1990 Local
Government Reimbursement Act. Requires units of local
government to annually certify to the Office of the Governor
all expenditures made pursuant to the Americans with
Disabilities Act of 1990. Provides that when a unit of local
government is required to expend funds pursuant to the
Americans with Disabilities Act of 1990, the State shall
reimburse the unit of local government for expenses incurred
in its compliance. Amends the Civil Administrative Code of
Illinois. Requires the Governor to include in his or her
annual budget a recommendation for all amounts certified to
his or her Office under the Americans with Disabilities Act
of 1990 Local Government Reimbursement Act. Effective
immediately.
LRB9005073KDks
LRB9005073KDks
1 AN ACT in relation to units of local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Americans with Disabilities Act of 1990 Local Government
6 Reimbursement Act.
7 Section 5. Definitions. As used in this Act:
8 "Americans with Disabilities Act" mean the Americans with
9 Disabilities Act of 1990 (P.L.101-336, 42 U.S.C. 12101 and
10 following).
11 "Unit of local government" includes all "public entities"
12 as defined in Subchapter II, Section 201 of the Americans
13 with Disabilities Act.
14 Section 10. Certification. On or before January 1 of
15 each year, each unit of local government shall certify to the
16 Office of the Governor all expenditures made pursuant to the
17 Americans with Disabilities Act.
18 Section 15. Inclusion in Budget. The Governor shall
19 include in his or her budget submitted each year in
20 accordance with Section 38 of the Civil Administrative Code
21 of Illinois a recommendation for all amounts certified
22 pursuant to Section 10 of this Act.
23 Section 20. Reimbursement of expenses. When a unit of
24 local government is required to expend funds pursuant to
25 Subchapter II of the Americans with Disabilities Act, the
26 State shall reimburse the unit of local government for its
27 expenses incurred in such compliance.
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1 Section 50. The Civil Administrative Code of Illinois is
2 amended by changing Section 38.1 as follows:
3 (15 ILCS 20/38.1) (from Ch. 127, par. 38.1)
4 (Text of Section before amendment by P.A. 89-507)
5 Sec. 38.1. The budget shall be submitted by the Governor
6 with line item and program data. The budget shall also
7 contain performance data presenting an estimate for the
8 current fiscal year, projections for the budget year and
9 information for the 3 prior fiscal years comparing department
10 objectives with actual accomplishments, formulated according
11 to the various functions and activities, and, wherever the
12 nature of the work admits, according to the work units, for
13 which the respective departments, offices and institutions of
14 the State government (including the elective officers in the
15 executive department and including the University of Illinois
16 and the judicial department) are responsible. For the fiscal
17 year beginning July 1, 1992 and for each fiscal year
18 thereafter, the budget shall include the performance measures
19 of each department's accountability report. For the fiscal
20 year beginning July 1, 1996 and for each fiscal year
21 thereafter, the budget shall include one or more line items
22 appropriating moneys to the Department of Mental Health and
23 Developmental Disabilities to fund participation in the
24 Home-Based Support Services Program for Mentally Disabled
25 Adults under the Developmental Disability and Mental
26 Disability Services Act by persons described in Section 2-17
27 of that Act. The budget shall contain a capital development
28 Section in which the Governor will present (1) information on
29 the capital projects and capital programs for which
30 appropriations are requested and (2) the capital spending
31 plans, which shall document the first and subsequent years
32 cash requirements by fund for the proposed bonded program and
33 (3) a statement which shall identify by year the principal
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1 and interest costs until retirement of the State's general
2 obligation debt. In addition, the principal and interest
3 costs of the budget year program shall be presented
4 separately, to indicate the marginal cost of principal and
5 interest payments necessary to retire the additional bonds
6 needed to finance the budget year's capital program. For the
7 budget year, the current year, and three prior fiscal years,
8 the Governor shall also include in the budget estimates of or
9 actual values for the assets and liabilities for General
10 Assembly Retirement System, State Employees' Retirement
11 System of Illinois, State Universities Retirement System,
12 Teachers' Retirement System of the State of Illinois, and
13 Judges Retirement System of Illinois. The budget submitted by
14 the Governor shall contain, in addition, in a separate book,
15 a tabulation of all position and employment titles in each
16 such department, office and institution, the number of each,
17 and the salaries for each, formulated according to divisions,
18 bureaus, sections, offices, departments, boards, and similar
19 subdivisions, which shall correspond as nearly as practicable
20 to the functions and activities for which the department,
21 office or institution is responsible. Together with such
22 budget, the Governor shall transmit the estimates of receipts
23 and expenditures, as received by the director of the Bureau
24 of the Budget, of the elective officers in the executive and
25 judicial departments and of the University of Illinois. The
26 budget shall also contain any information required under
27 Section 15 of the Americans with Disabilities Act of 1990
28 Local Government Reimbursement Act.
29 (Source: P.A. 89-425, eff. 6-1-96.)
30 (Text of Section after amendment by P.A. 89-507)
31 Sec. 38.1. The budget shall be submitted by the Governor
32 with line item and program data. The budget shall also
33 contain performance data presenting an estimate for the
34 current fiscal year, projections for the budget year and
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1 information for the 3 prior fiscal years comparing department
2 objectives with actual accomplishments, formulated according
3 to the various functions and activities, and, wherever the
4 nature of the work admits, according to the work units, for
5 which the respective departments, offices and institutions of
6 the State government (including the elective officers in the
7 executive department and including the University of Illinois
8 and the judicial department) are responsible. For the fiscal
9 year beginning July 1, 1992 and for each fiscal year
10 thereafter, the budget shall include the performance measures
11 of each department's accountability report. For the fiscal
12 year beginning July 1, 1997 and for each fiscal year
13 thereafter, the budget shall include one or more line items
14 appropriating moneys to the Department of Human Services to
15 fund participation in the Home-Based Support Services Program
16 for Mentally Disabled Adults under the Developmental
17 Disability and Mental Disability Services Act by persons
18 described in Section 2-17 of that Act. The budget shall
19 contain a capital development Section in which the Governor
20 will present (1) information on the capital projects and
21 capital programs for which appropriations are requested and
22 (2) the capital spending plans, which shall document the
23 first and subsequent years cash requirements by fund for the
24 proposed bonded program and (3) a statement which shall
25 identify by year the principal and interest costs until
26 retirement of the State's general obligation debt. In
27 addition, the principal and interest costs of the budget year
28 program shall be presented separately, to indicate the
29 marginal cost of principal and interest payments necessary to
30 retire the additional bonds needed to finance the budget
31 year's capital program. For the budget year, the current
32 year, and three prior fiscal years, the Governor shall also
33 include in the budget estimates of or actual values for the
34 assets and liabilities for General Assembly Retirement
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1 System, State Employees' Retirement System of Illinois, State
2 Universities Retirement System, Teachers' Retirement System
3 of the State of Illinois, and Judges Retirement System of
4 Illinois. The budget submitted by the Governor shall contain,
5 in addition, in a separate book, a tabulation of all position
6 and employment titles in each such department, office and
7 institution, the number of each, and the salaries for each,
8 formulated according to divisions, bureaus, sections,
9 offices, departments, boards, and similar subdivisions, which
10 shall correspond as nearly as practicable to the functions
11 and activities for which the department, office or
12 institution is responsible. Together with such budget, the
13 Governor shall transmit the estimates of receipts and
14 expenditures, as received by the director of the Bureau of
15 the Budget, of the elective officers in the executive and
16 judicial departments and of the University of Illinois. The
17 budget shall also contain any information required under
18 Section 15 of the Americans with Disabilities Act of 1990
19 Local Government Reimbursement Act.
20 (Source: P.A. 89-425, eff. 6-1-96; 89-507, eff. 7-1-97.)
21 Section 95. No acceleration or delay. Where this Act
22 makes changes in a statute that is represented in this Act by
23 text that is not yet or no longer in effect (for example, a
24 Section represented by multiple versions), the use of that
25 text does not accelerate or delay the taking effect of (i)
26 the changes made by this Act or (ii) provisions derived from
27 any other Public Act.
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.