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|[ Introduced ]||[ Engrossed ]||[ House Amendment 002 ]|
90_SB1704enr New Act Creates the FY99 Budget Implementation (Financial) Act. Provides that the purpose of the Act is to make the changes in State programs that are necessary to implement the Governor's FY1999 budget recommendations. Effective July 1, 1998. LRB9011518MWpc SB1704 Enrolled LRB9011518MWpc 1 AN ACT in relation to State 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 FY99 Budget Implementation (Financial) Act. 6 Section 5. Purpose. It is the purpose and subject of 7 this Act to make the changes in State programs that are 8 necessary to implement the Governor's FY1999 budget 9 recommendations. 10 Section 7. The Illinois Administrative Procedure Act is 11 amended by changing Section 5-45 as follows: 12 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) 13 Sec. 5-45. Emergency rulemaking. 14 (a) "Emergency" means the existence of any situation 15 that any agency finds reasonably constitutes a threat to the 16 public interest, safety, or welfare. 17 (b) If any agency finds that an emergency exists that 18 requires adoption of a rule upon fewer days than is required 19 by Section 5-40 and states in writing its reasons for that 20 finding, the agency may adopt an emergency rule without prior 21 notice or hearing upon filing a notice of emergency 22 rulemaking with the Secretary of State under Section 5-70. 23 The notice shall include the text of the emergency rule and 24 shall be published in the Illinois Register. Consent orders 25 or other court orders adopting settlements negotiated by an 26 agency may be adopted under this Section. Subject to 27 applicable constitutional or statutory provisions, an 28 emergency rule becomes effective immediately upon filing 29 under Section 5-65 or at a stated date less than 10 days SB1704 Enrolled -2- LRB9011518MWpc 1 thereafter. The agency's finding and a statement of the 2 specific reasons for the finding shall be filed with the 3 rule. The agency shall take reasonable and appropriate 4 measures to make emergency rules known to the persons who may 5 be affected by them. 6 (c) An emergency rule may be effective for a period of 7 not longer than 150 days, but the agency's authority to adopt 8 an identical rule under Section 5-40 is not precluded. No 9 emergency rule may be adopted more than once in any 24 month 10 period, except that this limitation on the number of 11 emergency rules that may be adopted in a 24 month period does 12 not apply to (i) emergency rules that make additions to and 13 deletions from the Drug Manual under Section 5-5.16 of the 14 Illinois Public Aid Code or the generic drug formulary under 15 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or 16 (ii) emergency rules adopted by the Pollution Control Board 17 before July 1, 1997 to implement portions of the Livestock 18 Management Facilities Act. Two or more emergency rules 19 having substantially the same purpose and effect shall be 20 deemed to be a single rule for purposes of this Section. 21 (d) In order to provide for the expeditious and timely 22 implementation of the State's fiscal year 1999
1998budget, 23 emergency rules to implement any provision of this amendatory 24 Act of 1998 1997or any other budget initiative for fiscal 25 year 1999 1998may be adopted in accordance with this Section 26 by the agency charged with administering that provision or 27 initiative, except that the 24-month limitation on the 28 adoption of emergency rules and the provisions of Sections 29 5-115 and 5-125 do not apply to rules adopted under this 30 subsection (d). The adoption of emergency rules authorized 31 by this subsection (d) shall be deemed to be necessary for 32 the public interest, safety, and welfare. 33 (Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97.) SB1704 Enrolled -3- LRB9011518MWpc 1 Section 10. The Children and Family Services Act is 2 amended by changing Sections 5b and 34.10 as follows: 3 (20 ILCS 505/5b) (from Ch. 23, par. 5005b) 4 Sec. 5b. Child Care and Development Fund; Department of 5 Human Services. 6 (a) Until October 1, 1998: The Child Care and 7 Development Fund is hereby created as a special fund in the 8 State treasury. Deposits to this fund shall consist of 9 receipts from the federal government under the Child Care and 10 Development Block Grant Program. Disbursements from the 11 Child Care and Development Fund shall be made by the 12 Department of Human Services in accordance with the 13 guidelines established by the federal government for the 14 Child Care and Development Block Grant Program, subject to 15 appropriation by the General Assembly. 16 (b) The Child Care and Development Fund is abolished on 17 October 1, 1998, and any balance remaining in the Fund on 18 that date shall be transferred to the Special Purposes Trust 19 Fund described in Section 12-10 of the Illinois Public Aid 20 Code. 21 (Source: P.A. 89-507, eff. 7-1-97.) 22 (20 ILCS 505/34.10) (from Ch. 23, par. 5034.10) 23 Sec. 34.10. Home child care demonstration project; 24 conversion and renovation grants; Department of Human 25 Services. 26 (a) The legislature finds that the demand for quality 27 child care far outweighs the number of safe, quality spaces 28 for our children. The purpose of this Section is to increase 29 the number of child care providers by: 30 (1) developing a demonstration project to train 31 individuals to become home child care providers who are 32 able to establish and operate their own child care SB1704 Enrolled -4- LRB9011518MWpc 1 facility; and 2 (2) providing grants to convert and renovate 3 existing facilities. 4 (b) The Department of Human Services may from 5 appropriations from the Child Care Development Block Grant 6 establish a demonstration project to train individuals to 7 become home child care providers who are able to establish 8 and operate their own home-based child care facilities. The 9 Department of Human Services is authorized to use funds for 10 this purpose from the child care and development funds 11 deposited into the Special Purposes Trust Fund as described 12 in Section 12-10 of the Illinois Public Aid Code and, until 13 October 1, 1998, the Child Care and Development Fund created 14 by the 87th General Assembly. As an economic development 15 program, the project's focus is to foster individual 16 self-sufficiency through an entrepreneurial approach by the 17 creation of new jobs and opening of new small home-based 18 child care businesses. The demonstration project shall 19 involve coordination among State and county governments and 20 the private sector, including but not limited to: the 21 community college system, the Departments of Labor and 22 Commerce and Community Affairs, the State Board of Education, 23 large and small private businesses, nonprofit programs, 24 unions, and child care providers in the State. 25 The Department shall submit: 26 (1) a progress report on the demonstration project 27 to the legislature by one year after the effective date 28 of this amendatory Act of 1991; and 29 (2) a final evaluation report on the demonstration 30 project, including findings and recommendations, to the 31 legislature by one year after the due date of the 32 progress report. 33 (c) The Department of Human Services may from 34 appropriations from the Child Care Development Block Grant SB1704 Enrolled -5- LRB9011518MWpc 1 provide grants to family child care providers and center 2 based programs to convert and renovate existing facilities, 3 to the extent permitted by federal law, so additional family 4 child care homes and child care centers can be located in 5 such facilities. 6 (1) Applications for grants shall be made to the 7 Department and shall contain information as the 8 Department shall require by rule. Every applicant shall 9 provide assurance to the Department that: 10 (A) the facility to be renovated or improved 11 shall be used as family child care home or child 12 care center for a continuous period of at least 5 13 years; 14 (B) any family child care home or child care 15 center program located in a renovated or improved 16 facility shall be licensed by the Department; 17 (C) the program shall comply with applicable 18 federal and State laws prohibiting discrimination 19 against any person on the basis of race, color, 20 national origin, religion, creed, or sex; 21 (D) the grant shall not be used for purposes 22 of entertainment or perquisites; 23 (E) the applicant shall comply with any other 24 requirement the Department may prescribe to ensure 25 adherence to applicable federal, State, and county 26 laws; 27 (F) all renovations and improvements 28 undertaken with funds received under this Section 29 shall comply with all applicable State and county 30 statutes and ordinances including applicable 31 building codes and structural requirements of the 32 Department; and 33 (G) the applicant shall indemnify and save 34 harmless the State and its officers, agents, and SB1704 Enrolled -6- LRB9011518MWpc 1 employees from and against any and all claims 2 arising out of or resulting from the renovation and 3 improvements made with funds provided by this 4 Section, and, upon request of the Department, the 5 applicant shall procure sufficient insurance to 6 provide that indemnification. 7 (2) To receive a grant under this Section to 8 convert an existing facility into a family child care 9 home or child care center facility, the applicant shall: 10 (A) agree to make available to the Department 11 of Human Services all records it may have relating 12 to the operation of any family child care home and 13 child care center facility, and to allow State 14 agencies to monitor its compliance with the purpose 15 of this Section; 16 (B) agree that, if the facility is to be 17 altered or improved, or is to be used by other 18 groups, moneys appropriated by this Section shall be 19 used for renovating or improving the facility only 20 to the proportionate extent that the floor space 21 will be used by the child care program; and 22 (C) establish, to the satisfaction of the 23 Department that sufficient funds are available for 24 the effective use of the facility for the purpose 25 for which it is being renovated or improved. 26 (3) In selecting applicants for funding, the 27 Department shall make every effort to ensure that family 28 child care home or child care center facilities are 29 equitably distributed throughout the State according to 30 demographic need. The Department shall give priority 31 consideration to rural/Downstate areas of the State that 32 are currently experiencing a shortage of child care 33 services. 34 (4) In considering applications for grants to SB1704 Enrolled -7- LRB9011518MWpc 1 renovate or improve an existing facility used for the 2 operations of a family child care home or child care 3 center, the Department shall give preference to 4 applications to renovate facilities most in need of 5 repair to address safety and habitability concerns. No 6 grant shall be disbursed unless an agreement is entered 7 into between the applicant and the State, by and through 8 the Department. The agreement shall include the 9 assurances and conditions required by this Section and 10 any other terms which the Department may require. 11 (Source: P.A. 89-507, eff. 7-1-97.) 12 Section 15. The Illinois Development Finance Authority 13 Act is amended by changing Section 7 as follows: 14 (20 ILCS 3505/7) (from Ch. 48, par. 850.07) 15 Sec. 7. In addition to the powers otherwise authorized 16 by law and in addition to the foregoing general corporate 17 powers, the Authority shall also have the following 18 additional specific powers to be exercised in furtherance of 19 the purposes of this Act. 20 (a) The Authority shall have power (i) to accept grants, 21 loans or appropriations from the Federal government or the 22 State, or any agency or instrumentality thereof, to be used 23 for the operating expenses of the Authority, or for any 24 purposes of the Authority, including the making of direct 25 loans of such funds with respect to projects, and (ii) to 26 enter into any agreement with the Federal government or the 27 State, or any agency or instrumentality thereof, in 28 relationship to such grants, loans or appropriations. 29 (b) The Authority shall have power to procure and enter 30 into contracts for any type of insurance and indemnity 31 agreements covering loss or damage to property from any 32 cause, including loss of use and occupancy, or covering any SB1704 Enrolled -8- LRB9011518MWpc 1 other insurable risk. 2 (c) The Authority shall have the continuing power to 3 issue bonds for its corporate purposes including, but not 4 limited to, (i) the purpose of developing, constructing, 5 acquiring, improving or financing projects, including 6 industrial projects established by business entities locating 7 or expanding property in an Enterprise Zone created under the 8 provisions of the Illinois Enterprise Zone Act, (ii) the 9 purpose of acquiring qualified securities in an enterprise as 10 defined in this Act and entering into venture capital 11 agreements with businesses locating or expanding within an 12 Enterprise Zone, and acquiring and improving any property 13 necessary and useful in connection therewith, (iii) the 14 purposes of the Employee Ownership Assistance Act, (iv) the 15 purpose of acquiring bonds issued by units of local 16 government as provided in Sections 7.50 through 7.61 of this 17 Act, (v) for financing the costs of the production of motion 18 pictures, and (vi) with the written approval of the Governor, 19 the purpose of implementation of a financially distressed 20 city assistance program under Sections 7.80 through 7.87 of 21 this Act. Bonds may be issued by the Authority in one or 22 more series and may provide for the payment of any interest 23 deemed necessary on such bonds, of the costs of issuance of 24 such bonds, of any premium on any insurance, or of the cost 25 of any guarantees, letters of credit or other similar 26 documents, may provide for the funding of any reserves deemed 27 necessary in connection with such bonds, and may provide for 28 the refunding or advance refunding of any bonds or for 29 accounts deemed necessary in connection with any purpose of 30 the Authority. The bonds may bear interest payable at any 31 time or times and at any rate or rates, notwithstanding any 32 other provision of law to the contrary, and such rate or 33 rates may be established by an index or formula which may be 34 implemented or established by persons appointed or retained SB1704 Enrolled -9- LRB9011518MWpc 1 therefor by the Authority, or may bear no interest or may 2 bear interest payable at maturity or upon redemption prior to 3 maturity, may bear such date or dates, may be payable at such 4 time or times and at such place or places, may mature at any 5 time or times not later than 40 years from the date of 6 issuance, may be sold at public or private sale at such time 7 or times and at such price or prices, may be secured by such 8 pledges, reserves, guarantees, letters of credit, insurance 9 contracts or other similar credit support or liquidity 10 instruments, may be executed in such manner, may be subject 11 to redemption prior to maturity, may provide for the 12 registration of the bonds, and may be subject to such other 13 terms and conditions all as may be provided by the resolution 14 or indenture authorizing the issuance of such bonds. The 15 holder or holders of any bonds issued by the Authority may 16 bring suits at law or proceedings in equity to compel the 17 performance and observance by any person or by the Authority 18 or any of its agents or employees of any contract or covenant 19 made with the holders of such bonds and to compel such person 20 or the Authority and any of its agents or employees to 21 perform any duties required to be performed for the benefit 22 of the holders of any such bonds by the provision of the 23 resolution authorizing their issuance, and to enjoin such 24 person or the Authority and any of its agents or employees 25 from taking any action in conflict with any such contract or 26 covenant. 27 Notwithstanding the form and tenor of any such bonds and 28 in the absence of any express recital on the face thereof 29 that it is non-negotiable, all such bonds shall be negotiable 30 instruments. Pending the preparation and execution of any 31 such bonds, temporary bonds may be issued as provided by the 32 resolution. 33 The bonds shall be sold by the Authority in such manner 34 as it shall determine. SB1704 Enrolled -10- LRB9011518MWpc 1 The bonds may be secured as provided in the authorizing 2 resolution by the receipts, revenues, income and other 3 available funds of the Authority by any amounts derived by 4 the Authority from the loan agreement or lease agreement with 5 respect to the project or projects. The Authority may grant 6 a specific pledge or assignment of and lien on or security 7 interest in such rights, revenues, income, or amounts and may 8 grant a specific pledge or assignment of and lien on or 9 security interest in any reserves, funds or accounts 10 established in the resolution authorizing the issuance of 11 bonds. Any such pledge, assignment, lien or security 12 interest for the benefit of the holders of the Authority's 13 bonds shall be valid and binding from the time the bonds are 14 issued without any physical delivery or further act, and 15 shall be valid and binding as against and prior to the claims 16 of all other parties having claims against the Authority or 17 any other person irrespective of whether the other parties 18 have notice of the pledge, assignment, lien or security 19 interest. As evidence of such pledge, assignment, lien and 20 security interest, the Authority may execute and deliver a 21 mortgage, trust agreement, indenture or security agreement or 22 an assignment thereof. 23 A remedy for any breach or default of the terms of any 24 such agreement by the Authority may be by mandamus 25 proceedings in any court of competent jurisdiction to compel 26 the performance and compliance therewith, but the agreement 27 may prescribe by whom or on whose behalf such action may be 28 instituted. 29 It is expressly understood that the Authority may, but 30 need not, acquire title to any project with respect to which 31 it exercises its authority. 32 (d) With respect to the powers granted by this Act, the 33 Authority may adopt rules and regulations prescribing the 34 procedures by which persons may apply for assistance under SB1704 Enrolled -11- LRB9011518MWpc 1 this Act. 2 Nothing herein shall be deemed to preclude the Authority, 3 prior to the filing of any formal application, from 4 conducting preliminary discussions and investigations with 5 respect to the subject matter of any prospective application. 6 (e) The Authority shall have power to acquire by 7 purchase, lease, gift or otherwise any property or rights 8 therein from any person useful for its purposes, whether 9 improved for the purposes of any prospective project, or 10 unimproved. The Authority may also accept any donation of 11 funds for its purposes from any such source. The Authority 12 shall have no independent power of condemnation but may 13 acquire any property or rights therein obtained upon 14 condemnation by any other authority, governmental entity or 15 unit of local government with such power. 16 (f) The Authority shall have power to develop, construct 17 and improve either under its own direction, or through 18 collaboration with any approved applicant, or to acquire 19 through purchase or otherwise, any project, using for such 20 purpose the proceeds derived from the sale of its bonds or 21 from governmental loans or grants, and to hold title in the 22 name of the Authority to such projects. 23 (g) The Authority shall have power to lease pursuant to 24 a lease agreement any project so developed and constructed or 25 acquired to the approved tenant on such terms and conditions 26 as may be appropriate to further the purposes of this Act and 27 to maintain the credit of the Authority. Any such lease may 28 provide for either the Authority or the approved tenant to 29 assume initially, in whole or in part, the costs of 30 maintenance, repair and improvements during the leasehold 31 period. In no case, however, shall the total rentals from any 32 project during any initial leasehold period or the total loan 33 repayments to be made pursuant to any loan agreement, be less 34 than an amount necessary to return over such lease or loan SB1704 Enrolled -12- LRB9011518MWpc 1 period (1) all costs incurred in connection with the 2 development, construction, acquisition or improvement of the 3 project and for repair, maintenance and improvements thereto 4 during the period of the lease or loan; provided, however, 5 that the rentals or loan repayments need not include costs 6 met through the use of funds other than those obtained by the 7 Authority through the issuance of its bonds or governmental 8 loans; (2) a reasonable percentage additive to be agreed upon 9 by the Authority and the borrower or tenant to cover a 10 properly allocable portion of the Authority's general 11 expenses, including, but not limited to, administrative 12 expenses, salaries and general insurance, and (3) an amount 13 sufficient to pay when due all principal of, interest and 14 premium, if any on, any bonds issued by the Authority with 15 respect to the project. 16 The portion of total rentals payable under clause (3) of 17 this subsection (g) shall be deposited in such special 18 accounts, including all sinking fund, acquisition or 19 construction funds, debt service and other funds as provided 20 by any resolution, mortgage or trust agreement of the 21 Authority pursuant to which any bond is issued. 22 (h) The Authority has the power, upon the termination of 23 any leasehold period of any project, to sell or lease for a 24 further term or terms such project on such terms and 25 conditions as the Authority shall deem reasonable and 26 consistent with the purposes of the Act. The net proceeds 27 from all such sales and the revenues or income from such 28 leases shall be used to satisfy any indebtedness of the 29 Authority with respect to such project and any balance may be 30 used to pay any expenses of the Authority or be used for the 31 further development, construction, acquisition or improvement 32 of projects. 33 In the event any project is vacated by a tenant prior to 34 the termination of the initial leasehold period, the SB1704 Enrolled -13- LRB9011518MWpc 1 Authority shall sell or lease the facilities of the project 2 on the most advantageous terms available. The net proceeds of 3 any such disposition shall be treated in the same manner as 4 the proceeds from sales or the revenues or income from leases 5 subsequent to the termination of any initial leasehold 6 period. 7 (i) The Authority shall have the power to make loans to 8 persons to finance a project, to enter into loan agreements 9 with respect thereto, and to accept guarantees from persons 10 of its loans or the resultant evidences of obligations to the 11 Authority. 12 (j) The Authority may fix, determine, charge and collect 13 any premiums, fees, charges, costs and expenses, including, 14 without limitation, any application fees, commitment fees, 15 program fees, financing charges or publication fees from any 16 person in connection with its activities under this Act. 17 (k) In addition to the funds established as provided 18 herein, the Authority shall have the power to create and 19 establish such reserve funds and accounts as may be necessary 20 or desirable to accomplish its purposes under this Act and to 21 deposit its available monies into the funds and accounts. 22 (l) At the request of the governing body of any unit of 23 local government, the Authority is authorized to market such 24 local government's industrial revenue bond offerings by 25 preparing bond issues for sale, advertising for sealed bids, 26 receiving bids at its offices, making the award to the bidder 27 that offers the most favorable terms or arranging for 28 negotiated placements or underwritings of such securities. 29 The Authority may, at its discretion, offer for concurrent 30 sale the industrial revenue bonds of several local 31 governments. Sales by the Authority of industrial revenue 32 bonds under this Section shall in no way imply State 33 guarantee of such debt issue. The Authority may require such 34 financial information from participating local governments as SB1704 Enrolled -14- LRB9011518MWpc 1 it deems necessary in order to carry out the purposes of this 2 subsection (l). 3 (m) The Authority may make grants to any county to which 4 Division 5-37 of the Counties Code is applicable to assist in 5 the financing of capital development, construction and 6 renovation of new or existing facilities for hospitals and 7 health care facilities under that Act. Such grants may only 8 be made from funds appropriated for such purposes from the 9 Build Illinois Bond Fund or the Build Illinois Purposes Fund. 10 (n) The Authority may establish an urban development 11 action grant program for the purpose of assisting 12 municipalities in Illinois which are experiencing severe 13 economic distress to help stimulate economic development 14 activities needed to aid in economic recovery. The Authority 15 shall determine the types of activities and projects for 16 which the urban development action grants may be used, 17 provided that such projects and activities are broadly 18 defined to include all reasonable projects and activities the 19 primary objectives of which are the development of viable 20 urban communities, including decent housing and a suitable 21 living environment, and expansion of economic opportunity, 22 principally for persons of low and moderate incomes. The 23 Authority shall enter into grant agreements from monies 24 appropriated for such purposes from the Build Illinois Bond 25 Fund or the Build Illinois Purposes Fund. The Authority shall 26 monitor the use of the grants, and shall provide for audits 27 of the funds as well as recovery by the Authority of any 28 funds determined to have been spent in violation of this 29 subsection (n) or any rule or regulation promulgated 30 hereunder. The Authority shall provide technical assistance 31 with regard to the effective use of the urban development 32 action grants. The Authority shall file an annual report to 33 the General Assembly concerning the progress of the grant 34 program. SB1704 Enrolled -15- LRB9011518MWpc 1 (o) The Authority may establish a Housing Partnership 2 Program whereby the Authority provides zero-interest loans to 3 municipalities for the purpose of assisting in the financing 4 of projects for the rehabilitation of affordable multi-family 5 housing for low and moderate income residents. The Authority 6 may provide such loans only upon a municipality's providing 7 evidence that it has obtained private funding for the 8 rehabilitation project. The Authority shall provide 3 State 9 dollars for every 7 dollars obtained by the municipality from 10 sources other than the State of Illinois. The loans shall be 11 made from monies appropriated for such purpose from the Build 12 Illinois Bond Fund or the Build Illinois Purposes Fund. The 13 total amount of loans available under the Housing Partnership 14 Program shall not exceed $30,000,000. State loan monies under 15 this subsection (o) shall be used only for the acquisition 16 and rehabilitation of existing buildings containing 4 or more 17 dwelling units. The terms of any loan made by the 18 municipality under this subsection shall require repayment of 19 the loan to the municipality upon any sale or other transfer 20 of the project. 21 (p) The Authority may award grants to universities and 22 research institutions, research consortiums and other 23 not-for-profit entities for the purposes of: remodeling or 24 otherwise physically altering existing laboratory or research 25 facilities, expansion or physical additions to existing 26 laboratory or research facilities, construction of new 27 laboratory or research facilities or acquisition of modern 28 equipment to support laboratory or research operations 29 provided that such grants (i) be used solely in support of 30 project and equipment acquisitions which enhance technology 31 transfer, and (ii) not constitute more than 60 percent of the 32 total project or acquisition cost. 33 (q) Grants may be awarded by the Authority to units of 34 local government for the purpose of developing the SB1704 Enrolled -16- LRB9011518MWpc 1 appropriate infrastructure or defraying other costs to the 2 local government in support of laboratory or research 3 facilities provided that such grants may not exceed 40% of 4 the cost to the unit of local government. 5 (r) The Authority may establish a Direct Loan Program to 6 make loans to individuals, partnerships or corporations for 7 the purpose of an industrial project, as defined in Section 3 8 of this Act. For the purposes of such program and not by way 9 of limitation on any other program of the Authority, the 10 Authority shall have the power to issue bonds, notes, or 11 other evidences of indebtedness including commercial paper 12 for purposes of providing a fund of capital from which it may 13 make such loans. The Authority shall have power to use any 14 appropriations from the State made especially for the 15 Authority's Direct Loan Program for additional capital to 16 make such loans or for the purposes of reserve funds or 17 pledged funds which secure the Authority's obligations of 18 repayment of any bond, note or other form of indebtedness 19 established for the purpose of providing capital for which it 20 intends to make such loans under the Direct Loan Program. 21 For the purpose of obtaining such capital, the Authority may 22 also enter into agreements with financial institutions and 23 other persons for the purpose of selling loans and developing 24 a secondary market for such loans. 25 Loans made under the Direct Loan Program may be in an 26 amount not to exceed $300,000 and shall be made for a portion 27 of an industrial project which does not exceed 50% of the 28 total project. No loan may be made by the Authority unless 29 approved by the affirmative vote of at least 8 members of the 30 board. The Authority shall establish procedures and publish 31 rules which shall provide for the submission, review, and 32 analysis of each direct loan application and which shall 33 preserve the ability of each board member to reach an 34 individual business judgment regarding the propriety of SB1704 Enrolled -17- LRB9011518MWpc 1 making each direct loan. The collective discretion of the 2 board to approve or disapprove each loan shall be 3 unencumbered. 4 The Authority may establish and collect such fees and 5 charges, determine and enforce such terms and conditions, and 6 charge such interest rates as it determines to be necessary 7 and appropriate to the successful administration of the 8 Direct Loan Program. The Authority may require such 9 interests in collateral and such guarantees as it determines 10 are necessary to protect the Authority's interest in the 11 repayment of the principal and interest of each loan made 12 under the Direct Loan Program. 13 (s) The Authority may guarantee private loans to third 14 parties up to a specified dollar amount in order to promote 15 economic development in this State. 16 (t) The Authority may adopt rules and regulations as may 17 be necessary or advisable to implement the powers conferred 18 by this Act. 19 (u) In addition to any other bonds authorized by this 20 Act, the Authority shall have the power to issue up to 21 $20,000,000 in bonds, notes or other evidences of 22 indebtedness, which may be used to make loans to units of 23 local government which are authorized to enter into loan 24 agreements and other documents and to issue bonds, notes and 25 other evidences of indebtedness for the purpose of financing 26 the protection of storm sewer outfalls, the construction of 27 adequate storm sewer outfalls, and the provision for flood 28 protection of sanitary sewage treatment plants, in counties 29 that have established a stormwater management planning 30 committee in accordance with Section 5-1062 of the Counties 31 Code. Any such loan shall be made by the Authority pursuant 32 to the provisions of Sections 7.50 to 7.61 of this Act. The 33 unit of local government shall pay back to the Authority the 34 principal amount of the loan, plus annual interest as SB1704 Enrolled -18- LRB9011518MWpc 1 determined by the Authority. The Authority shall have the 2 power, subject to appropriations by the General Assembly, to 3 subsidize or buy down a portion of the interest on such 4 loans, up to 4% per annum. 5 (v) The Authority may accept security interests as 6 provided in Sections 11-3 and 11-3.3 of the Illinois Public 7 Aid Code. 8 (w) The Authority may enter into agreements or 9 arrangements with Federal or State agencies to carry out the 10 purposes of this Act. 11 (x) The Authority may use any funds in its possession 12 remaining unexpended from the funds appropriated to the 13 Authority under Section 93 of Public Act 84-1108 as follows: 14 (1) to make a $1,000,000 ten-year, no-interest loan to the 15 Illinois Facilities Fund to assist in the development of 16 low-interest loans to nonprofit organizations; and (2) if and 17 only if the loan described in item (1) has been made, for any 18 of its general corporate purposes. 19 (Source: P.A. 87-778; 87-842; 87-895; 88-665, eff. 9-16-94.) 20 Section 20. The Illinois Criminal Justice Information 21 Act is amended by adding Section 9.2 as follows: 22 (20 ILCS 3930/9.2 new) 23 Sec. 9.2. The Juvenile Accountability Incentive Block 24 Grant Fund is hereby created as a special fund in the State 25 treasury. Deposits to this Fund shall consist of receipts 26 from the federal government under the Juvenile Accountability 27 Incentive Block Grant program and interest earned from the 28 investment of moneys in the Fund. Disbursements from the 29 Fund shall be made, subject to appropriation, by the Illinois 30 Criminal Justice Information Authority in accordance with the 31 guidelines established by the federal government for the 32 Juvenile Accountability Incentive Block Grant Program. SB1704 Enrolled -19- LRB9011518MWpc 1 Specifically, the Fund may be used to provide financial 2 support to State agencies (including the Illinois Criminal 3 Justice Information Authority) and units of local government 4 and to pay the Authority's administrative costs associated 5 with the Juvenile Accountability Incentive Block Grant 6 Program. 7 (30 ILCS 105/5.449 rep.) 8 Section 25. The State Finance Act is amended by 9 repealing Section 5.449 (as added by Public Act 90-9). 10 Section 30. The State Finance Act is amended by adding 11 Sections 5.480 and 5.481 and changing Sections 5.450 (as 12 added by Public Act 90-9), 6z-27, 6z-45, 8a, and 13.2 as 13 follows: 14 (30 ILCS 105/5.450) 15 Sec. 5.450. The Department of Corrections Reimbursement 16 and Education Fund. 17 (Source: P.A. 90-9, eff. 7-1-97.) 18 (30 ILCS 105/5.480 new) 19 Sec. 5.480. The Juvenile Accountability Incentive Block 20 Grant Fund. 21 (30 ILCS 105/5.481 new) 22 Sec. 5.481. The Juvenile Rehabilitation Services 23 Medicaid Matching Fund. 24 (30 ILCS 105/6z-27) 25 Sec. 6z-27. All moneys in the Audit Expense Fund shall 26 be transferred, appropriated and used only for the purposes 27 authorized by, and subject to the limitations and conditions 28 prescribed by, the State Auditing Act. SB1704 Enrolled -20- LRB9011518MWpc 1 Within 30 days after the effective date of this 2 amendatory Act of 1998 1997, the State Comptroller shall 3 order transferred and the State Treasurer shall transfer from 4 the following funds moneys in the specified amounts for 5 deposit into the Audit Expense Fund: 6 The Agricultural Premium Fund..... 47,573 47,8637 Alcoholism and Substance Abuse Block8 Grant Fund.................... 41,5259 Anna Veterans Home Fund........... 2,390 10 Appraisal Administration Fund..... 2,250 11 Asbestos Abatement Fund........... 2,911 12 Bank and Trust Company Fund....... 71,774 13 Build Illinois Capital Revolving 14 Loan Fund..................... 3,287 15 By-product Material Safety Fund... 57,99116 Capital Development Board 17 Revolving Fund................ 1,375 18 Care Provider Fund for Persons with 19 Developmental Disability...... 3,559 24,94120 Child Care and Development Fund... 6,574 21 Child Labor Enforcement Fund...... 1,55322 Clean Air Act (CAA) Permit Fund... 8,245 23 Coal Technology Development 24 Assistance Fund............... 4,151 25 Common School Fund................ 102,856 42,94426 The Communications Revolving Fund. 12,700 6,64427 Community Water Supply 28 Laboratory Fund............... 821 29 Conservation 2000 Fund............ 4,930 6,45430 Continuing Legal Education 31 Trust Fund.................... 725 32 Credit Union Fund................. 5,635 33 DCFS Children's Services Fund..... 33,516 34 Department of Children and Family SB1704 Enrolled -21- LRB9011518MWpc 1 Services Training Fund........ 1,234 2 Design Professionals Administration3 and Investigation Fund........ 7,5564 DMH/DD Accounts Receivable Fund... 1,5915 The Downstate Public 6 Transportation Fund........... 1,495 7097 Dram Shop Fund.................... 42,493 8 Drivers Education Fund............ 633 9 Drunk and Drugged Driving10 Prevention Fund............... 61511 The Education Assistance Fund..... 149,225 155,11512 Environmental Protection Permit 13 and Inspection Fund........... 9,599 14 Estate Tax Collection 15 Distributive Fund............. 1,704 1,18216 Fair and Exposition Fund.......... 639 4,83417 Federal Job-Training Information 18 Systems Revolving Fund........ 507 19 Feed Control Fund................. 1,60220 Fertilizer Control Fund........... 1,39121 The Fire Prevention Fund.......... 806 1,06922 General Assembly Computer Equipment 23 Revolving Fund................ 1,429 24 General Professions Dedicated Fund. 32,59625 The General Revenue Fund.......... 7,038,231 9,291,55526 Grade Crossing Protection Fund.... 1,334 79927 Guardianship and Advocacy Fund.... 57028 Hazardous Waste Fund.............. 1,347 29 Hazardous Waste Research Fund..... 921 30 Horse Racing Tax Allocation Fund.. 5,238 8,47731 Hospital Provider Fund............ 745 13,22432 Illinois Affordable Housing33 Trust Fund.................... 1,19234 Illinois Beach Marina Fund........ 2,117 SB1704 Enrolled -22- LRB9011518MWpc 1 Illinois Forestry Development Fund. 2,809 2 Illinois Gaming Law Enforcement Fund. 3,128 3 Illinois Habitat Fund............. 639 4 Illinois Health Care Cost 5 Containment Special Studies Fund. 13,559 6 Illinois Health Facilities7 Planning Fund................. 5718 Illinois Historic Sites Fund...... 5,310 9 Illinois Race Track Improvement Fund. 17,221 10 Illinois Standardbred Breeders Fund. 794 6,35211 Illinois State Dental12 Disciplinary Fund............. 5,20113 Illinois State Fair Fund.......... 1,636 12,80014 Illinois State Medical15 Disciplinary Fund............. 36,74716 Illinois State Pharmacy17 Disciplinary Fund............. 14,31418 Illinois State Podiatric19 Disciplinary Fund............. 1,70220 Illinois Tax Increment Fund....... 67021 Illinois Thoroughbred Breeders Fund. 1,015 8,86322 IMSA Income Fund.................. 1,129 94723 Income Tax Refund Fund............ 11,805 37,43624 Insurance Financial Regulation Fund. 70,10625 Insurance Producer Administration Fund. 56,30126 Interior Design Administration and27 Investigation Fund............ 1,19928 Keep Illinois Beautiful Fund...... 1,06529 Landscape Architects' Administration30 and Investigation Fund........ 71431 LaSalle Veterans' Home Fund....... 5,913 32 Lead Poisoning Screening, Prevention,33 and Abatement Fund............ 1,55734 Live and Learn Fund............... 2,856 7,464SB1704 Enrolled -23- LRB9011518MWpc 1 The Local Government 2 Distributive Fund............. 12,445 35,9233 The Local Initiative Fund......... 1,975 8864 Local Tourism Fund................ 4,804 5 Long Term Care Provider Fund...... 10,268 13,2026 Mandatory Arbitration Fund........ 3,1257 Manteno Veterans' Home Fund....... 14,456 8 Mental Health Fund................ 2,602 25,6249 Metabolic Screening and Treatment Fund. 1,75010 Metro-East Public Transportation Fund. 982 11 The Motor Fuel Tax Fund........... 36,620 21,94612 Motor Vehicle Theft Prevention13 Trust Fund.................... 12,45614 Natural Areas Acquisition Fund.... 10,060 15 Nuclear Safety Emergency16 Preparedness Fund............. 24,92717 Nursing Dedicated and Professional18 Fund.......................... 23,14519 Open Space Lands Acquisition 20 and Development Fund.......... 16,199 21 Optometric Licensing and Disciplinary22 Committee Fund................ 3,14723 Park and Conservation Fund........ 26,814 24 The Personal Property Tax 25 Replacement Fund.............. 15,366 39,11126 Pesticide Control Fund............ 728 5,94127 Public Infrastructure Construction 28 Loan Revolving Fund........... 1,774 29 The Public Transportation Fund.... 13,030 6,63030 Public Utility Fund............... 1,129 41,55931 Quincy Veterans Home Fund......... 27,103 32 Radiation Protection Fund......... 7,76933 Radioactive Waste Facility34 Development and Operation Fund. 10,942SB1704 Enrolled -24- LRB9011518MWpc 1 Real Estate License 2 Administration Fund........... 11,043 3 Registered Certified Public4 Accountants' Administration and5 Disciplinary Fund............. 2,3056 The Road Fund..................... 155,219 102,1417 Regional Transportation Authority8 Occupation and Use Tax9 Replacement Fund.............. 72410 Savings and Residential Finance 11 Regulatory Fund............... 13,723 12 Secretary of State Special 13 Services Fund................. 1,404 14 Securities Audit and Enforcement Fund. 69915 Solid Waste Management Fund....... 6,771 16 Special Education Medicaid 17 Matching Fund................. 3,521 71118 The State and Local Sales Tax19 Reform Fund................... 1,44820 State Boating Act Fund............ 13,855 21 State Construction Account Fund... 43,730 18,52422 State Employees Deferred Compensation23 Plan Fund..................... 20,64124 The State Gaming Fund............. 1,454 4,48725 The State Garage Revolving Fund... 4,064 2,08126 The State Lottery Fund............ 34,669 33,51227 State Migratory Waterfowl 28 Stamp Fund.................... 2,103 29 State Parks Fund.................. 9,760 30 State Pheasant Fund............... 719 31 State Police Services Fund........ 9,340 32 State Treasurer's Bank Services 33 Trust Fund.................... 706 52934 State's Attorneys Appellate SB1704 Enrolled -25- LRB9011518MWpc 1 Prosecutor's County Fund...... 6,903 2 The Statistical Services 3 Revolving Fund................ 7,559 3,9214 Tourism Promotion Fund............ 15,060 5 Traffic and Criminal Conviction 6 Surcharge Fund................ 51,320 7 Transportation Regulatory Fund.... 31,9888 Trauma Center Fund................ 1,3239 U of I Hospital Services Fund..... 4,696 6,83210 Underground Resources Conservation 11 Enforcement Fund.............. 1,595 12 Underground Storage Tank Fund..... 11,710 13 The Vehicle Inspection Fund....... 5,420 67714 Violent Crime Victims 15 Assistance Fund............... 20,392 16 Weights and Measures Fund......... 611 3,12617 Wildlife and Fish Fund............ 41,727 18 The Working Capital Revolving Fund. 72,135 35,33219 Youth Alcoholism and Substance20 Abuse Prevention Fund......... 77521 Notwithstanding any provision of the law to the contrary, 22 the General Assembly hereby authorizes the use of such funds 23 for the purposes set forth in this Section. 24 These provisions do not apply to funds classified by the 25 Comptroller as federal trust funds or State trust funds. The 26 Audit Expense Fund may receive transfers from those trust 27 funds only as directed herein, except where prohibited by the 28 terms of the trust fund agreement. The Auditor General shall 29 notify the trustees of those funds of the estimated cost of 30 the audit to be incurred under the Illinois State Auditing 31 Act for the fund. The trustees of those funds shall direct 32 the State Comptroller and Treasurer to transfer the estimated 33 amount to the Audit Expense Fund. 34 The Auditor General may bill entities that are not SB1704 Enrolled -26- LRB9011518MWpc 1 subject to the above transfer provisions, including private 2 entities, related organizations and entities whose funds are 3 locally-held, for the cost of audits, studies, and 4 investigations incurred on their behalf. Any revenues 5 received under this provision shall be deposited into the 6 Audit Expense Fund. 7 In the event that moneys on deposit in any fund are 8 unavailable, by reason of deficiency or any other reason 9 preventing their lawful transfer, the State Comptroller shall 10 order transferred and the State Treasurer shall transfer the 11 amount deficient or otherwise unavailable from the General 12 Revenue Fund for deposit into the Audit Expense Fund. 13 On or before December 1, 1992, and each December 1 14 thereafter, the Auditor General shall notify the Bureau of 15 the Budget of the amount estimated to be necessary to pay for 16 audits, studies, and investigations in accordance with the 17 Illinois State Auditing Act during the next succeeding fiscal 18 year for each State fund for which a transfer or 19 reimbursement is anticipated. 20 Beginning with fiscal year 1994 and during each fiscal 21 year thereafter, the Auditor General may direct the State 22 Comptroller and Treasurer to transfer moneys from funds 23 authorized by the General Assembly for that fund. In the 24 event funds, including federal and State trust funds but 25 excluding the General Revenue Fund, are transferred, during 26 fiscal year 1994 and during each fiscal year thereafter, in 27 excess of the amount to pay actual costs attributable to 28 audits, studies, and investigations as permitted or required 29 by the Illinois State Auditing Act or specific action of the 30 General Assembly, the Auditor General shall, on September 30, 31 or as soon thereafter as is practicable, direct the State 32 Comptroller and Treasurer to transfer the excess amount back 33 to the fund from which it was originally transferred. 34 (Source: P.A. 89-207, eff. 7-21-95; 89-499, eff. 6-28-96; SB1704 Enrolled -27- LRB9011518MWpc 1 90-314, eff. 8-1-97.) 2 (30 ILCS 105/6z-45) 3 Sec. 6z-45. The School Infrastructure Fund. The School 4 Infrastructure Fund is created as a special fund in the State 5 Treasury. Subject to the transfer provisions set forth below 6 appropriation, money in the School Infrastructure Fund shall, 7 if and when the State of Illinois incurs any bonded 8 indebtedness for the construction of school improvements 9 under the School Construction Act, be set aside and used for 10 the purpose of paying and discharging annually the principal 11 and interest on that bonded indebtedness then due and 12 payable, and for no other purpose. In addition to other 13 transfers to the General Obligation Bond Retirement and 14 Interest Fund made pursuant to Section 15 of the General 15 Obligation Bond Act, upon each delivery of bonds issued for 16 construction of school improvements under the School 17 Construction Act, the State Comptroller shall compute and 18 certify to the State Treasurer the total amount of principal 19 of, interest on, and premium, if any, on such bonds during 20 the then current and each succeeding fiscal year. On or 21 before the last day of each month, the State Treasurer and 22 State Comptroller shall transfer from the School 23 Infrastructure Fund to the General Obligation Bond Retirement 24 and Interest Fund an amount sufficient to pay the aggregate 25 of the principal of, interest on, and premium, if any, on the 26 bonds payable on their next payment date, divided by the 27 number of monthly transfers occurring between the last 28 previous payment date (or the delivery date if no payment 29 date has yet occurred) and the next succeeding payment date. 30 The surplus, if any, in the School Infrastructure Fund 31 after the payment of principal and interest on that bonded 32 indebtedness then annually due shall, subject to 33 appropriation, be used as follows: SB1704 Enrolled -28- LRB9011518MWpc 1 First--to make 3 payments to the School Technology 2 Revolving Loan Fund as follows: 3 Transfer of $30,000,000 in fiscal year 1999; 4 Transfer of $20,000,000 in fiscal year 2000; and 5 Transfer of $10,000,000 in fiscal year 2001. 6 Second--to pay the expenses of the State Board of 7 Education and the Capital Development Board in administering 8 programs under the School Construction Act, the total 9 expenses not to exceed $1,000,000 in any fiscal year. 10 Third--to pay any amounts due for grants for school 11 construction projects and debt service under the School 12 Construction Act. 13 (Source: P.A. 90-548, eff. 1-1-98.) 14 (30 ILCS 105/8a) (from Ch. 127, par. 144a) 15 (This Section may contain text from a Public Act with a 16 delayed effective date) 17 Sec. 8a. Common School Fund; transfers to Common School 18 Fund and Education Assistance Fund. 19 (a) Except as provided in subsection (b) of this Section 20 and except as otherwise provided in this subsection (a) with 21 respect to amounts transferred from the General Revenue Fund 22 to the Common School Fund for distribution therefrom for the 23 benefit of the Teachers' Retirement System of the State of 24 Illinois and the Public School Teachers' Pension and 25 Retirement Fund of Chicago: 26 (1) With respect to all school districts, for each 27 fiscal year other than fiscal year 1994, on or before the 28 eleventh and twenty-first days of each of the months of 29 August through the following July, at a time or times 30 designated by the Governor, the State Treasurer and the 31 State Comptroller shall transfer from the General Revenue 32 Fund to the Common School Fund and Education Assistance 33 Fund, as appropriate, 1/24 or so much thereof as may be SB1704 Enrolled -29- LRB9011518MWpc 1 necessary of the amount appropriated to the State Board 2 of Education for distribution to all school districts 3 from such Common School Fund and Education Assistance 4 Fund, for the fiscal year, including interest on the 5 School Fund proportionate for that distribution for such 6 year. 7 (2) With respect to all school districts, but for 8 fiscal year 1994 only, on the 11th day of August, 1993 9 and on or before the 11th and 21st days of each of the 10 months of October, 1993 through July, 1994 at a time or 11 times designated by the Governor, the State Treasurer and 12 the State Comptroller shall transfer from the General 13 Revenue Fund to the Common School Fund 1/24 or so much 14 thereof as may be necessary of the amount appropriated to 15 the State Board of Education for distribution to all 16 school districts from such Common School Fund, for fiscal 17 year 1994, including interest on the School Fund 18 proportionate for that distribution for such year; and on 19 or before the 21st day of August, 1993 at a time or times 20 designated by the Governor, the State Treasurer and the 21 State Comptroller shall transfer from the General Revenue 22 Fund to the Common School Fund 3/24 or so much thereof as 23 may be necessary of the amount appropriated to the State 24 Board of Education for distribution to all school 25 districts from the Common School Fund, for fiscal year 26 1994, including interest proportionate for that 27 distribution on the School Fund for such fiscal year. 28 The amounts of the payments made in July of each year: 29 (i) shall be considered an outstanding liability as of the 30 30th day of June immediately preceding those July payments, 31 within the meaning of Section 25 of this Act; (ii) shall be 32 payable from the appropriation for the fiscal year that ended 33 on that 30th day of June; and (iii) shall be considered 34 payments for claims covering the school year that commenced SB1704 Enrolled -30- LRB9011518MWpc 1 during the immediately preceding calendar year. 2 Notwithstanding the foregoing provisions of this 3 subsection, as soon as may be after the 10th and 20th days of 4 each of the months of August through May, 1/24, and on or as 5 soon as may be after the 10th and 20th days of June, 1/12 of 6 the annual amount appropriated to the State Board of 7 Education for distribution and payment during that fiscal 8 year from the Common School Fund to and for the benefit of 9 the Teachers' Retirement System of the State of Illinois 10 (until the end of State fiscal year 1995) and the Public 11 School Teachers' Pension and Retirement Fund of Chicago as 12 provided by the Illinois Pension Code and Section 18-7 of the 13 School Code, or so much thereof as may be necessary, shall be 14 transferred by the State Treasurer and the State Comptroller 15 from the General Revenue Fund to the Common School Fund to 16 permit semi-monthly payments from the Common School Fund to 17 and for the benefit of such teacher retirement systems as 18 required by Section 18-7 of the School Code. 19 Notwithstanding the other provisions of this Section, on 20 or as soon as may be after the 15th day of each month, 21 beginning in July of 1995, 1/12 of the annual amount 22 appropriated for that fiscal year from the Common School Fund 23 to the Teachers' Retirement System of the State of Illinois 24 (other than amounts appropriated under Section 1.1 of the 25 State Pension Funds Continuing Appropriation Act), or so much 26 thereof as may be necessary, shall be transferred by the 27 State Treasurer and the State Comptroller from the General 28 Revenue Fund to the Common School Fund to permit monthly 29 payments from the Common School Fund to that retirement 30 system in accordance with Section 16-158 of the Illinois 31 Pension Code and Section 18-7 of the School Code. Amounts 32 appropriated to the Teachers' Retirement System of the State 33 of Illinois under Section 1.1 of the State Pension Funds 34 Continuing Appropriation Act shall be transferred by the SB1704 Enrolled -31- LRB9011518MWpc 1 State Treasurer and the State Comptroller from the General 2 Revenue Fund to the Common School Fund as necessary to 3 provide for the payment of vouchers drawn against those 4 appropriations. 5 The Governor may notify the State Treasurer and the State 6 Comptroller to transfer, at a time designated by the 7 Governor, such additional amount as may be necessary to 8 effect advance distribution to school districts of amounts 9 that otherwise would be payable in the next month pursuant to 10 Sections 18-8 through 18-10 of the School Code. The State 11 Treasurer and the State Comptroller shall thereupon transfer 12 such additional amount. The aggregate amount transferred from 13 the General Revenue Fund to the Common School Fund in the 14 eleven months beginning August 1 of any fiscal year shall not 15 be in excess of the amount necessary for payment of claims 16 certified by the State Superintendent of Education pursuant 17 to the appropriation of the Common School Fund for that 18 fiscal year. Notwithstanding the provisions of the first 19 paragraph in this section, no transfer to effect an advance 20 distribution shall be made in any month except on 21 notification, as provided above, by the Governor. 22 The State Comptroller and State Treasurer shall transfer 23 from the General Revenue Fund to the Common School Fund and 24 the Education Assistance Fund such amounts as may be required 25 to honor the vouchers presented by the State Board of 26 Education pursuant to Sections 18-3, 18-4.2, 18-4.3, 18-5, 27 18-6 and 18-7 of the School Code. 28 The State Comptroller shall report all transfers provided 29 for in this Act to the President of the Senate, Minority 30 Leader of the Senate, Speaker of the House, and Minority 31 Leader of the House. 32 (b) On or before the 11th and 21st days of each of the 33 months of June, 1982 through July, 1983, at a time or times 34 designated by the Governor, the State Treasurer and the State SB1704 Enrolled -32- LRB9011518MWpc 1 Comptroller shall transfer from the General Revenue Fund to 2 the Common School Fund 1/24 or so much thereof as may be 3 necessary of the amount appropriated to the State Board of 4 Education for distribution from such Common School Fund, for 5 that same fiscal year, including interest on the School Fund 6 for such year. The amounts of the payments in the months of 7 July, 1982 and July, 1983 shall be considered an outstanding 8 liability as of the 30th day of June immediately preceding 9 such July payment, within the meaning of Section 25 of this 10 Act, and shall be payable from the appropriation for the 11 fiscal year which ended on such 30th day of June, and such 12 July payments shall be considered payments for claims 13 covering school years 1981-1982 and 1982-1983 respectively. 14 In the event the Governor makes notification to effect 15 advanced distribution under the provisions of subsection (a) 16 of this Section, the aggregate amount transferred from the 17 General Revenue Fund to the Common School Fund in the 12 18 months beginning August 1, 1981 or the 12 months beginning 19 August 1, 1982 shall not be in excess of the amount necessary 20 for payment of claims certified by the State Superintendent 21 of Education pursuant to the appropriation of the Common 22 School Fund for the fiscal years commencing on the first of 23 July of the years 1981 and 1982. 24 (Source: P.A. 90-372, eff. 7-1-98.) 25 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2) 26 Sec. 13.2. Transfers among line item appropriations. 27 (a) Transfers among line item appropriations from the 28 same treasury fund for the objects specified in this Section 29 may be made in the manner provided in this Section when the 30 balance remaining in one or more such line item 31 appropriations is insufficient for the purpose for which the 32 appropriation was made. 33 No transfers may be made from one agency to another SB1704 Enrolled -33- LRB9011518MWpc 1 agency, nor may transfers be made from one institution of 2 higher education to another institution of higher education. 3 Transfers may be made only among the objects of expenditure 4 enumerated in this Section, except that no funds may be 5 transferred from any appropriation for personal services, 6 from any appropriation for State contributions to the State 7 Employees' Retirement System, from any separate appropriation 8 for employee retirement contributions paid by the employer, 9 nor from any appropriation for State contribution for 10 employee group insurance. Further, if an agency receives a 11 separate appropriation for employee retirement contributions 12 paid by the employer, any transfer by that agency into an 13 appropriation for personal services must be accompanied by a 14 corresponding transfer into the appropriation for employee 15 retirement contributions paid by the employer, in an amount 16 sufficient to meet the employer share of the employee 17 contributions required to be remitted to the retirement 18 system. 19 (b) In addition to the general transfer authority 20 provided under subsection (c), the following agencies have 21 the specific transfer authority granted in this subsection: 22 The Illinois Department of Public Aid is authorized to 23 make transfers representing savings attributable to not 24 increasing grants due to the births of additional children 25 from line items for payments of cash grants to line items for 26 payments for employment and social services for the purposes 27 outlined in subsection (f) of Section 4-2 of the Illinois 28 Public Aid Code. 29 The Department of Children and Family Services is 30 authorized to make transfers not exceeding 2% of the 31 aggregate amount appropriated to it within the same treasury 32 fund for the following line items among these same line 33 items: Foster Home and Specialized Foster Care and 34 Prevention, Institutions and Group Homes and Prevention, and SB1704 Enrolled -34- LRB9011518MWpc 1 Purchase of Adoption and Guardianship Services. 2 The Department on Aging is authorized to make transfers 3 not exceeding 2% of the aggregate amount appropriated to it 4 within the same treasury fund for the following Community 5 Care Program line items among these same line items: 6 Homemaker and Senior Companion Services, Case Coordination 7 Units, and Adult Day Care Services. 8 (c) The sum of such transfers for an agency in a fiscal 9 year shall not exceed 2% of the aggregate amount appropriated 10 to it within the same treasury fund for the following 11 objects: Personal Services; Extra Help; Student and Inmate 12 Compensation; State Contributions to Retirement Systems; 13 State Contributions to Social Security; State Contribution 14 for Employee Group Insurance; Contractual Services; Travel; 15 Commodities; Printing; Equipment; Electronic Data Processing; 16 Operation of Automotive Equipment; Telecommunications 17 Services; Travel and Allowance for Committed, Paroled and 18 Discharged Prisoners; Library Books; Federal Matching Grants 19 for Student Loans; Refunds; Workers' Compensation, 20 Occupational Disease, and Tort Claims; and, in appropriations 21 to institutions of higher education, Awards and Grants. 22 Notwithstanding the above, any amounts appropriated for 23 payment of workers' compensation claims to an agency to which 24 the authority to evaluate, administer and pay such claims has 25 been delegated by the Department of Central Management 26 Services may be transferred to any other expenditure object 27 where such amounts exceed the amount necessary for the 28 payment of such claims. 29 (d) Transfers among appropriations made to agencies of 30 the Legislative and Judicial departments and to the 31 constitutionally elected officers in the Executive branch 32 require the approval of the officer authorized in Section 10 33 of this Act to approve and certify vouchers. Transfers among 34 appropriations made to the University of Illinois, Southern SB1704 Enrolled -35- LRB9011518MWpc 1 Illinois University, Chicago State University, Eastern 2 Illinois University, Governors State University, Illinois 3 State University, Northeastern Illinois University, Northern 4 Illinois University, Western Illinois University, the 5 Illinois Mathematics and Science Academy and the Board of 6 Higher Education require the approval of the Board of Higher 7 Education and the Governor. Transfers among appropriations 8 to all other agencies require the approval of the Governor. 9 The officer responsible for approval shall certify that 10 the transfer is necessary to carry out the programs and 11 purposes for which the appropriations were made by the 12 General Assembly and shall transmit to the State Comptroller 13 a certified copy of the approval which shall set forth the 14 specific amounts transferred so that the Comptroller may 15 change his records accordingly. The Comptroller shall 16 furnish the Governor with information copies of all transfers 17 approved for agencies of the Legislative and Judicial 18 departments and transfers approved by the constitutionally 19 elected officials of the Executive branch other than the 20 Governor, showing the amounts transferred and indicating the 21 dates such changes were entered on the Comptroller's records. 22 (Source: P.A. 89-4, eff. 1-1-96; 89-641, eff. 8-9-96.) 23 Section 35. The Cigarette Tax Act is amended by changing 24 Section 2 as follows: 25 (35 ILCS 130/2) (from Ch. 120, par. 453.2) 26 Sec. 2. Tax imposed; rate; collection, payment, and 27 distribution; discount. 28 (a) A tax is imposed upon any person engaged in business 29 as a retailer of cigarettes in this State at the rate of 5 30 1/2 mills per cigarette sold, or otherwise disposed of in the 31 course of such business in this State. In addition to any 32 other tax imposed by this Act, a tax is imposed upon any SB1704 Enrolled -36- LRB9011518MWpc 1 person engaged in business as a retailer of cigarettes in 2 this State at a rate of 1/2 mill per cigarette sold or 3 otherwise disposed of in the course of such business in this 4 State on and after January 1, 1947, and shall be paid into 5 the Metropolitan Fair and Exposition Authority Reconstruction 6 Fund. On and after December 1, 1985, in addition to any other 7 tax imposed by this Act, a tax is imposed upon any person 8 engaged in business as a retailer of cigarettes in this State 9 at a rate of 4 mills per cigarette sold or otherwise disposed 10 of in the course of such business in this State. Of the 11 additional tax imposed by this amendatory Act of 1985, 12 $9,000,000 of the moneys received by the Department of 13 Revenue pursuant to this Act shall be paid each month into 14 the Common School Fund. On and after the effective date of 15 this amendatory Act of 1989, in addition to any other tax 16 imposed by this Act, a tax is imposed upon any person engaged 17 in business as a retailer of cigarettes at the rate of 5 18 mills per cigarette sold or otherwise disposed of in the 19 course of such business in this State. On and after the 20 effective date of this amendatory Act of 1993, in addition to 21 any other tax imposed by this Act, a tax is imposed upon any 22 person engaged in business as a retailer of cigarettes at the 23 rate of 7 mills per cigarette sold or otherwise disposed of 24 in the course of such business in this State. On and after 25 December 15, 1997, in addition to any other tax imposed by 26 this Act, a tax is imposed upon any person engaged in 27 business as a retailer of cigarettes at the rate of 7 mills 28 per cigarette sold or otherwise disposed of in the course of 29 such business of this State. All of the moneys received by 30 the Department of Revenue pursuant to this Act and the 31 Cigarette Use Tax Act from the additional taxes imposed by 32 this amendatory Act of 1997, shall be paid each month into 33 the Common School Fund. The payment of such taxes shall be 34 evidenced by a stamp affixed to each original package of SB1704 Enrolled -37- LRB9011518MWpc 1 cigarettes, or an authorized substitute for such stamp 2 imprinted on each original package of such cigarettes 3 underneath the sealed transparent outside wrapper of such 4 original package, as hereinafter provided. However, such 5 taxes are not imposed upon any activity in such business in 6 interstate commerce or otherwise, which activity may not 7 under the Constitution and statutes of the United States be 8 made the subject of taxation by this State. 9 Beginning on the effective date of this amendatory Act of 10 1998 1993, all of the moneys received by the Department of 11 Revenue pursuant to this Act and the Cigarette Use Tax Act, 12 other than the moneys that are dedicated to the Metropolitan 13 Fair and Exposition Authority Reconstruction Fund and the 14 Common School Fund, shall be distributed each month as 15 follows: first, there shall be paid into the General Revenue 16 Fund an amount which, when added to the amount paid into the 17 Common School Fund for that month, equals $33,300,000; then, 18 from the moneys remaining, if any amounts required to be paid 19 into the General Revenue Fund in previous months remain 20 unpaid, those amounts shall be paid into the General Revenue 21 Fund; then , fromthe moneys remaining, if any, amounts22 required to be paid into the Long-Term Care Provider Fund in23 previous months remain unpaid, those amountsshall be paid 24 into the Long-Term Care Provider Fund ; then, from the moneys25 remaining, $9,545,000 shall be paid into the Long-Term Care26 Provider Fund (except that not more than $105,000,000 shall27 be paid into the Long-Term Care Provider Fund in State fiscal28 year 1994 from moneys received pursuant to this Act); and29 finally the remaining moneys, if any, shall be paid into the30 Hospital Provider Fund. To the extent that more than 31 $25,000,000 has been paid into the General Revenue Fund and 32 Common School Fund per month for the period of July 1, 1993 33 through the effective date of this amendatory Act of 1994 34 from combined receipts of the Cigarette Tax Act and the SB1704 Enrolled -38- LRB9011518MWpc 1 Cigarette Use Tax Act, notwithstanding the distribution 2 provided in this Section, the Department of Revenue is hereby 3 directed to adjust the distribution provided in this Section 4 to increase the next monthly payments to the Long Term Care 5 Provider Fund by the amount paid to the General Revenue Fund 6 and Common School Fund in excess of $25,000,000 per month and 7 to decrease the next monthly payments to the General Revenue 8 Fund and Common School Fund by that same excess amount. 9 When any tax imposed herein terminates or has terminated, 10 distributors who have bought stamps while such tax was in 11 effect and who therefore paid such tax, but who can show, to 12 the Department's satisfaction, that they sold the cigarettes 13 to which they affixed such stamps after such tax had 14 terminated and did not recover the tax or its equivalent from 15 purchasers, shall be allowed by the Department to take credit 16 for such absorbed tax against subsequent tax stamp purchases 17 from the Department by such distributor. 18 The impact of the tax levied by this Act is imposed upon 19 the retailer and shall be prepaid or pre-collected by the 20 distributor for the purpose of convenience and facility only, 21 and the amount of the tax shall be added to the price of the 22 cigarettes sold by such distributor. Collection of the tax 23 shall be evidenced by a stamp or stamps affixed to each 24 original package of cigarettes, as hereinafter provided. 25 Each distributor shall collect the tax from the retailer 26 at or before the time of the sale, shall affix the stamps as 27 hereinafter required, and shall remit the tax collected from 28 retailers to the Department, as hereinafter provided. Any 29 distributor who fails to properly collect and pay the tax 30 imposed by this Act shall be liable for the tax. Any 31 distributor having cigarettes to which stamps have been 32 affixed in his possession for sale on the effective date of 33 this amendatory Act of 1989 shall not be required to pay the 34 additional tax imposed by this amendatory Act of 1989 on such SB1704 Enrolled -39- LRB9011518MWpc 1 stamped cigarettes. Any distributor having cigarettes to 2 which stamps have been affixed in his or her possession for 3 sale at 12:01 a.m. on the effective date of this amendatory 4 Act of 1993, is required to pay the additional tax imposed by 5 this amendatory Act of 1993 on such stamped cigarettes. This 6 payment, less the discount provided in subsection (b), shall 7 be due when the distributor first makes a purchase of 8 cigarette tax stamps after the effective date of this 9 amendatory Act of 1993, or on the first due date of a return 10 under this Act after the effective date of this amendatory 11 Act of 1993, whichever occurs first. Any distributor having 12 cigarettes to which stamps have been affixed in his 13 possession for sale on December 15, 1997 shall not be 14 required to pay the additional tax imposed by this amendatory 15 Act of 1997 on such stamped cigarettes. 16 The amount of the Cigarette Tax imposed by this Act shall 17 be separately stated, apart from the price of the goods, by 18 both distributors and retailers, in all advertisements, bills 19 and sales invoices. 20 (b) The distributor shall be required to collect the 21 taxes provided under paragraph (a) hereof, and, to cover the 22 costs of such collection, shall be allowed a discount during 23 any year commencing July 1st and ending the following June 24 30th in accordance with the schedule set out hereinbelow, 25 which discount shall be allowed at the time of purchase of 26 the stamps when purchase is required by this Act, or at the 27 time when the tax is remitted to the Department without the 28 purchase of stamps from the Department when that method of 29 paying the tax is required or authorized by this Act. Prior 30 to December 1, 1985, a discount equal to 1 2/3% of the amount 31 of the tax up to and including the first $700,000 paid 32 hereunder by such distributor to the Department during any 33 such year; 1 1/3% of the next $700,000 of tax or any part 34 thereof, paid hereunder by such distributor to the Department SB1704 Enrolled -40- LRB9011518MWpc 1 during any such year; 1% of the next $700,000 of tax, or any 2 part thereof, paid hereunder by such distributor to the 3 Department during any such year, and 2/3 of 1% of the amount 4 of any additional tax paid hereunder by such distributor to 5 the Department during any such year shall apply. On and after 6 December 1, 1985, a discount equal to 1.75% of the amount of 7 the tax payable under this Act up to and including the first 8 $3,000,000 paid hereunder by such distributor to the 9 Department during any such year and 1.5% of the amount of any 10 additional tax paid hereunder by such distributor to the 11 Department during any such year shall apply. 12 Two or more distributors that use a common means of 13 affixing revenue tax stamps or that are owned or controlled 14 by the same interests shall be treated as a single 15 distributor for the purpose of computing the discount. 16 (c) The taxes herein imposed are in addition to all 17 other occupation or privilege taxes imposed by the State of 18 Illinois, or by any political subdivision thereof, or by any 19 municipal corporation. 20 (Source: P.A. 90-548, eff. 12-4-97.) 21 Section 40. The School Code is amended by changing 22 Section 13-44.4 as follows: 23 (105 ILCS 5/13-44.4) (from Ch. 122, par. 13-44.4) 24 Sec. 13-44.4. Department of Corrections Reimbursement 25 and Education Fund; budget. All moneys received from the 26 Common School Fund, federal aid and grants, vocational and 27 educational funds and grants, and gifts and grants by 28 individuals, foundations and corporations for educational 29 purposes shall be deposited into the Department of 30 Corrections Reimbursement and Education Fund , which is hereby31 created as a special fundin the State Treasury. Moneys in 32 the Department of Corrections Reimbursement and Education SB1704 Enrolled -41- LRB9011518MWpc 1 Fund may shallbe used, subject to appropriation, to pay the 2 expense of the schools and school district of the Department 3 of Corrections together with and supplemental to regular 4 appropriations to the Department for educational purposes, 5 including, but not limited to, the cost of teacher salaries, 6 supplies and materials, building upkeep and costs, 7 transportation, scholarships, non-academic salaries, 8 equipment and other school costs. 9 Beginning in 1972, the Board of Education shall, by 10 November 15, adopt an annual budget for the use of education 11 moneys for the next school year which it deems necessary to 12 defray all necessary expenses and liabilities of the 13 district, and in such annual budget shall specify the objects 14 and purposes of each item and the amount needed for each 15 object or purpose. The budget shall contain a statement of 16 cash on hand at the beginning of the fiscal year, an estimate 17 of the cash expected to be received during such fiscal year 18 from all sources, an estimate of the expenditure contemplated 19 for such fiscal year, and a statement of the estimated cash 20 expected to be on hand at the end of such year. Prior to the 21 adoption of the annual educational budget, this budget shall 22 be submitted to the Department of Corrections and the State 23 Board of Education for incorporation. 24 (Source: P.A. 90-9, eff. 7-1-97.) 25 Section 45. If and only if Senate Bill 1338 of the 90th 26 General Assembly becomes law in the form in which it was 27 introduced, the Public Community College Act is amended by 28 changing Section 2-16.02 as follows: 29 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02) 30 Sec. 2-16.02. Grants. Any community college district 31 that maintains a community college recognized by the State 32 Board shall receive, when eligible, grants enumerated in this SB1704 Enrolled -42- LRB9011518MWpc 1 Section. Funded semester credit hours or other measures or 2 both as specified by the State Board shall be used to 3 distribute grants to community colleges. Funded semester 4 credit hours shall be defined, for purposes of this Section, 5 as the greater of (1) the number of semester credit hours, or 6 equivalent, in all funded instructional categories of 7 students who have been certified as being in attendance at 8 midterm during the respective terms of the base fiscal year 9 or (2) the average of semester credit hours, or equivalent, 10 in all funded instructional categories of students who have 11 been certified as being in attendance at midterm during the 12 respective terms of the base fiscal year and the 2 prior 13 fiscal years. For purposes of this Section, "base fiscal 14 year" means the fiscal year 2 years prior to the fiscal year 15 for which the grants are appropriated. Such students shall 16 have been residents of Illinois and shall have been enrolled 17 in courses that are part of instructional program categories 18 approved by the State Board and that are applicable toward an 19 associate degree or certificate. Courses are not eligible 20 for reimbursement where the district receives federal or 21 State financing or both, except financing through the State 22 Board, for 50% or more of the program costs with the 23 exception of courses offered by contract with the Department 24 of Corrections in correctional institutions. Base operating 25 grants shall be paid based on rates per funded semester 26 credit hour or equivalent calculated by the State Board for 27 funded instructional categories using cost of instruction, 28 enrollment, inflation, and other relevant factors. A portion 29 of the base operating grant shall be allocated on the basis 30 of non-residential gross square footage of space maintained 31 by the district. 32 Equalization grants shall be calculated by the State 33 Board by determining a local revenue factor for each district 34 by: (A) adding (1) each district's Corporate Personal SB1704 Enrolled -43- LRB9011518MWpc 1 Property Replacement Fund allocations from the base fiscal 2 year or the average of the base fiscal year and prior year, 3 whichever is less, divided by the applicable statewide 4 average tax rate to (2) the district's most recently audited 5 year's equalized assessed valuation or the average of the 6 most recently audited year and prior year, whichever is less, 7 (B) then dividing by the district's audited full-time 8 equivalent resident students for the base fiscal year or the 9 average for the base fiscal year and the 2 prior fiscal 10 years, whichever is greater, and (C) then multiplying by the 11 applicable statewide average tax rate. The State Board shall 12 calculate a statewide weighted average threshold by applying 13 the same methodology to the totals of all districts' 14 Corporate Personal Property Tax Replacement Fund allocations, 15 equalized assessed valuations, and audited full-time 16 equivalent district resident students and multiplying by the 17 applicable statewide average tax rate. The difference 18 between the statewide weighted average threshold and the 19 local revenue factor, multiplied by the number of full-time 20 equivalent resident students, shall determine the amount of 21 equalization funding that each district is eligible to 22 receive. A percentage factor, as determined by the State 23 Board, may be applied to the statewide threshold as a method 24 for allocating equalization funding. A minimum equalization 25 grant of an amount per district as determined by the State 26 Board shall be established for any community college district 27 which qualifies for an equalization grant based upon the 28 preceding criteria, but becomes ineligible for equalization 29 funding, or would have received a grant of less than the 30 minimum equalization grant, due to threshold prorations 31 applied to reduce equalization funding. As of July 1, 1997, 32 community college districts must maintain a minimum required 33 in-district tuition rate per semester credit hour as 34 determined by the State Board. For each fiscal year between SB1704 Enrolled -44- LRB9011518MWpc 1 July 1, 1997 and June 30, 2001, districts not meeting the 2 minimum required rate will be subject to a percent reduction 3 of equalization funding as determined by the State Board. As 4 of July 1, 2001, districts must meet the required minimum 5 in-district tuition rate to qualify for equalization funding. 6 The State Board shall distribute such other grants as may 7 be authorized or appropriated by the General Assembly. 8 Each community college district entitled to State grants 9 under this Section must submit a report of its enrollment to 10 the State Board not later than 30 days following the end of 11 each semester, quarter, or term in a format prescribed by the 12 State Board. These semester credit hours, or equivalent, 13 shall be certified by each district on forms provided by the 14 State Board. Each district's certified semester credit 15 hours, or equivalent, are subject to audit pursuant to 16 Section 3-22.1. 17 The State Board shall certify, prepare, and submit to the 18 State Comptroller during August, November, February, and May 19 of each fiscal year vouchers setting forth an amount equal to 20 25% of the grants approved by the State Board for base 21 operating grants and equalization grants. The State Board 22 shall prepare and submit to the State Comptroller vouchers 23 for payments of other grants as appropriated by the General 24 Assembly. If the amount appropriated for grants is different 25 from the amount provided for such grants under this Act, the 26 grants shall be proportionately reduced or increased 27 accordingly. 28 For the purposes of this Section, "resident student" 29 means a student in a community college district who maintains 30 residency in that district or meets other residency 31 definitions established by the State Board, and who was 32 enrolled either in one of the approved instructional program 33 categories in that district, or in another community college 34 district to which the resident's district is paying tuition SB1704 Enrolled -45- LRB9011518MWpc 1 under Section 6-2 or with which the resident's district has 2 entered into a cooperative agreement in lieu of such tuition. 3 For the purposes of this Section, a "full-time 4 equivalent" student is equal to 30 semester credit hours. 5 The Illinois Community College Board Contracts and Grants 6 Fund is hereby created in the State Treasury. Items of 7 income to this fund shall include any grants, awards, 8 endowments, or like proceeds, and where appropriate, other 9 funds made available through contracts with governmental, 10 public, and private agencies or persons. The General 11 Assembly shall from time to time make appropriations payable 12 from such fund for the support, improvement, and expenses of 13 the State Board and Illinois community college districts. 14 (Source: P.A. 89-141, eff. 7-14-95; 89-281, eff. 8-10-95; 15 89-473, eff. 6-18-96; 89-626, eff. 8-9-96; 90-468, eff. 16 8-17-97; 90-486, eff. 8-17-97; 90-497, eff. 8-18-97; revised 17 11-17-97; 90SB1338eng.) 18 Section 50. The Illinois Public Aid Code is amended by 19 changing Sections 5A-8, 12-10, and 12-10.2 and adding Section 20 12-10.4 as follows: 21 (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8) 22 Sec. 5A-8. Hospital Provider Fund. 23 (a) There is created in the State Treasury the Hospital 24 Provider Fund. Interest earned by the Fund shall be credited 25 to the Fund. The Fund shall not be used to replace any 26 moneys appropriated to the Medicaid program by the General 27 Assembly. 28 (b) The Fund is created for the purpose of receiving 29 moneys in accordance with Section 5A-6 and disbursing moneys 30 as follows: 31 (1) For hospital inpatient care, hospital 32 ambulatory care, and disproportionate share hospital SB1704 Enrolled -46- LRB9011518MWpc 1 distributive expenditures made under Title XIX of the 2 Social Security Act and Article V of this Code. 3 (2) For the reimbursement of moneys collected by 4 the Illinois Department from hospitals through error or 5 mistake and for making required payments under Section 6 14-9 of this Code if there are no moneys available for 7 those payments in the Hospital Services Trust Fund. 8 (3) For payment of administrative expenses incurred 9 by the Illinois Department or its agent in performing the 10 activities authorized by this Article. 11 (4) For payments of any amounts which are 12 reimbursable to the federal government for payments from 13 this Fund which are required to be paid by State warrant. 14 (5) For making transfers to the General Obligation 15 Bond Retirement and Interest Fund, as those transfers are 16 authorized in the proceedings authorizing debt under the 17 Short Term Borrowing Act, but transfers made under this 18 paragraph (5) shall not exceed the principal amount of 19 debt issued in anticipation of the receipt by the State 20 of moneys to be deposited into the Fund. 21 Disbursements from the Fund, other than transfers to the 22 General Obligation Bond Retirement and Interest Fund, shall 23 be by warrants drawn by the State Comptroller upon receipt of 24 vouchers duly executed and certified by the Illinois 25 Department. 26 (c) The Fund shall consist of the following: 27 (1) All moneys collected or received by the 28 Illinois Department from the hospital provider assessment 29 imposed by this Article. 30 (2) All federal matching funds received by the 31 Illinois Department as a result of expenditures made by 32 the Illinois Department that are attributable to moneys 33 deposited in the Fund. 34 (3) Any interest or penalty levied in conjunction SB1704 Enrolled -47- LRB9011518MWpc 1 with the administration of this Article. 2 (4) Any balance in the Hospital Services Trust Fund 3 in the State Treasury. The balance shall be transferred 4 to the Fund upon certification by the Illinois Department 5 to the State Comptroller that all of the disbursements 6 required by Section 14-2(b) of this Code have been made. 7 (5) All other moneys received for the Fund from any 8 other source, including interest earned thereon. 9 (d) The Fund shall cease to exist on October 1, 1999. 10 Any balance in the Fund as of that date shall be transferred 11 to the General Revenue Fund. Any moneys that otherwise would 12 be paid into the Fund on or after that date shall be 13 deposited into the General Revenue Fund. Any disbursements 14 on or after that date that otherwise would be made from the 15 Fund may be appropriated by the General Assembly from the 16 General Revenue Fund. 17 (Source: P.A. 89-626, eff. 8-9-96.) 18 (305 ILCS 5/12-10) (from Ch. 23, par. 12-10) 19 Sec. 12-10. Special Purposes Trust Fund; uses. The 20 Special Purposes Trust Fund, held outside the State Treasury 21 by the State Treasurer as ex-officio custodian, shall consist 22 of (1) any Federal Grants received under Section 12-4.6 that 23 are not required by Section 12-5 to be paid into the General 24 Revenue Fund or transferred into the Local Initiative Fund 25 under Section 12-10.1 or deposited in the Employment and 26 Training Fund under Section 12-10.3 or in the special account 27 established and maintained in that Fund as provided in that 28 Section; (2) grants, gifts or legacies of moneys or 29 securities received under Section 12-4.18; and(3) grants 30 received under Section 12-4.19; and (4) funds for child care 31 and development services. Disbursements from this Fund shall 32 be only for the purposes authorized by the aforementioned 33 Sections. SB1704 Enrolled -48- LRB9011518MWpc 1 Disbursements from this Fund shall be by warrants drawn 2 by the State Comptroller on receipt of vouchers duly executed 3 and certified by the Illinois Department, including payment 4 to the Health Insurance Reserve Fund for group insurance 5 costs at the rate certified by the Department of Central 6 Management Services. 7 All federal monies received as reimbursement for 8 expenditures from the General Revenue Fund, and which were 9 made for the purposes authorized for expenditures from the 10 Special Purposes Trust Fund, shall be deposited by the 11 Department into the General Revenue Fund. 12 (Source: P.A. 87-860.) 13 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2) 14 Sec. 12-10.2. The Child Support Enforcement Trust Fund, 15 to be held by the State Treasurer as ex-officio custodian 16 outside the State Treasury, pursuant to the Child Support 17 Enforcement Program established by Title IV-D of the Social 18 Security Act, shall consist of (1) all support payments 19 received by the Illinois Department under Sections 10-8, 20 10-10, 10-16 and 10-19 that are required by such Sections to 21 be paid into the Child Support Enforcement Trust Fund, and 22 (2) all federal grants received by the Illinois Department 23 funded by Title IV-D of the Social Security Act, except those 24 federal funds received under the Title IV-D program as 25 reimbursement for expenditures from the General Revenue Fund, 26 and (3) incentive payments received by the Illinois 27 Department from other states or political subdivisions of 28 other states for the enforcement and collection by the 29 Department of an assigned child support obligation in behalf 30 of such other states or their political subdivisions pursuant 31 to the provisions of Title IV-D of the Social Security Act, 32 and (4) incentive payments retained by the Illinois 33 Department from the amounts which otherwise would be paid to SB1704 Enrolled -49- LRB9011518MWpc 1 the Federal government to reimburse the Federal government's 2 share of the support collection for the Department's 3 enforcement and collection of an assigned support obligation 4 on behalf of the State of Illinois pursuant to the provisions 5 of Title IV-D of the Social Security Act, and (5) all fees 6 charged by the Department for child support enforcement 7 services, as authorized under Title IV-D of the Social 8 Security Act and Section 10-1 of this Code, and any other 9 fees, costs, fines, recoveries, or penalties provided for by 10 State or federal law and received by the Department under the 11 Child Support Enforcement Program established by Title IV-D 12 of the Social Security Act, and (6) all amounts appropriated 13 by the General Assembly for deposit into the Fund. 14 Disbursements from this Fund shall be only for the 15 following purposes: (1) for the reimbursement of funds 16 received by the Illinois Department through error or mistake, 17 and (2) for payments to non-recipients, current recipients 18 and former recipients of financial aid of support payments 19 received on their behalf under Article X of this Code, 20 pursuant to the provisions of Title IV-D of the Social 21 Security Act and rules promulgated by the Department, and (3) 22 for payment of any administrative expenses, including payment 23 to the Health Insurance Reserve Fund for group insurance 24 costs at the rate certified by the Department of Central 25 Management Services, except those required to be paid from 26 the General Revenue Fund, including personal and contractual 27 services, incurred in performing the Title IV-D activities 28 authorized by Article X of this Code, and (4) for the 29 reimbursement of the Public Assistance Emergency Revolving 30 Fund for expenditures made from that Fund for payments to 31 former recipients of public aid for child support made to the 32 Illinois Department when the former public aid recipient is 33 legally entitled to all or part of the child support 34 payments, pursuant to the provisions of Title IV-D of the SB1704 Enrolled -50- LRB9011518MWpc 1 Social Security Act, and (5) for the payment of incentive 2 amounts owed to other states or political subdivisions of 3 other states that enforce and collect an assigned support 4 obligation on behalf of the State of Illinois pursuant to the 5 provisions of Title IV-D of the Social Security Act, and (6) 6 for the payment of incentive amounts owed to political 7 subdivisions of the State of Illinois that enforce and 8 collect an assigned support obligation on behalf of the State 9 pursuant to the provisions of Title IV-D of the Social 10 Security Act, and (7) for payments of any amounts which are 11 reimbursable to the Federal government which are required to 12 be paid by State warrant by either the State or Federal 13 government. Disbursements from this Fund shall be by warrants 14 drawn by the State Comptroller on receipt of vouchers duly 15 executed and certified by the Illinois Department or any 16 other State agency that receives an appropriation from the 17 Fund. 18 The balance in this Fund on the first day of each19 calendar quarter, after payment therefrom of any amounts20 reimbursable to the Federal government, and minus the amount21 reasonably anticipated to be needed to make disbursements22 during the quarter authorized by this Section, shall be23 certified by the Director of the Illinois Department and24 transferred by the State Comptroller to the General Revenue25 Fund in the State Treasury within 30 days of the first day of26 each calendar quarter.27 The balance transferred to the General Revenue Fund for28 any fiscal year shall be not less than ten percent of the29 total support payments received, and retained pursuant to the30 provisions of Title IV-D of the Social Security Act, on31 behalf of persons receiving financial assistance under32 Article IV of this Code which were required to be deposited33 to this Fund during that fiscal year. The above described34 payments received and retained shall include the State andSB1704 Enrolled -51- LRB9011518MWpc 1 Federal share of such payments.2 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96; 3 90-18, eff. 7-1-97.) 4 (305 ILCS 5/12-10.4 new) 5 Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid 6 Matching Fund. There is created in the State Treasury the 7 Juvenile Rehabilitation Services Medicaid Matching Fund. 8 Deposits to this Fund shall consist of all moneys received 9 from the federal government for behavioral health services 10 secured by counties under the Medicaid Rehabilitation Option 11 for minors who are committed to mental health facilities by 12 the Illinois court system. 13 Disbursements from the Fund shall be made, subject to 14 appropriation, by the Illinois Department of Public Aid for 15 grants to those counties which secure behavioral health 16 services ordered by the courts and which have an interagency 17 agreement with the Department and submit detailed bills 18 according to standards determined by the Department. 19 Section 55. The Sexual Assault Survivors Emergency 20 Treatment Act is amended by changing Sections 2, 2.1, 4, 6, 21 6.4, and 7 as follows: 22 (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2) 23 Sec. 2. Hospitals to furnish emergency service. Every 24 hospital required to be licensed by the Department of Public 25 Health pursuant to the Hospital Licensing Act, approved July 26 1, 1953, as now or hereafter amended, which provides general 27 medical and surgical hospital services shall provide 28 emergency hospital service, in accordance with rules and 29 regulations adopted by the Department of Public Health Human30 Services, to all alleged sexual assault survivors who apply 31 for such hospital emergency services in relation to injuries SB1704 Enrolled -52- LRB9011518MWpc 1 or trauma resulting from the sexual assault. 2 In addition every such hospital, regardless of whether or 3 not a request is made for reimbursement, except hospitals 4 participating in community or area wide plans in compliance 5 with Section 4 of this Act, shall submit to the Department of 6 Public Health Human Servicesa plan to provide hospital 7 emergency services to alleged sexual assault survivors which 8 shall be made available by such hospital. Such plan shall be 9 submitted within 60 days of receipt of the Department's 10 request for this plan, to the Department of Public Health 11 Human Servicesfor approval prior to such plan becoming 12 effective. The Department of Public Health Human Services13 shall approve such plan for emergency service to alleged 14 sexual assault survivors if it finds that the implementation 15 of the proposed plan would provide adequate hospital 16 emergency service for alleged sexual assault survivors. 17 The Department of Public Health Human Servicesshall 18 periodically conduct on site reviews of such approved plans 19 with hospital personnel to insure that the established 20 procedures are being followed. 21 (Source: P.A. 89-507, eff. 7-1-97.) 22 (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1) 23 Sec. 2.1. Plans of correction - Penalties for failure to 24 implement such plans. If the Department of Public Health 25 surveyor determines that the hospital is not in compliance 26 with its approved plan, the surveyor shall provide the 27 hospital with a written list of the specific items of 28 noncompliance within 2 weeks of the conclusion of the on site 29 review. The hospital shall have 14 working days to submit to 30 the Department of Public Health a plan of correction which 31 contains the hospital's specific proposals for correcting the 32 items of noncompliance. The Department of Public Health 33 shall review the plan of correction and notify the hospital SB1704 Enrolled -53- LRB9011518MWpc 1 in writing as to whether the plan is acceptable or 2 nonacceptable. 3 If the Department of Public Health finds the Plan of 4 Correction nonacceptable, the hospital shall have 7 working 5 days to resubmit an acceptable Plan of Correction. Upon 6 notification that its Plan of Correction is acceptable, a 7 hospital shall implement the Plan of Correction within 60 8 days. 9 The failure to submit an acceptable Plan of Correction or 10 to implement the Plan of Correction, within the time frames 11 required in this Section, will subject a hospital to the 12 imposition of a fine by the Department of Public Health. The 13 Department of Public Health may impose a fine of up to 14 $100.00 per day until a hospital complies with the 15 requirements of this Section. 16 Before imposing a fine pursuant to this Section, the 17 Department of Public Health shall provide the hospital via 18 certified mail with written notice and an opportunity for an 19 administrative hearing. Such hearing must be requested 20 within 10 working days of receipt of the Department of Public 21 Health's Department'sNotice. All hearings shall be 22 conducted in accordance with the Department of Public 23 Health's Department'srules in administrative hearings. 24 (Source: P.A. 85-577.) 25 (410 ILCS 70/4) (from Ch. 111 1/2, par. 87-4) 26 Sec. 4. Community or area wide plans; submission to 27 Department of Public Health. Community or areawide plans may 28 be developed by the hospitals or other health care facilities 29 in the community or area to be served, and shall provide for 30 the hospital emergency services to alleged sexual assault 31 survivors which shall be made available by each of the 32 participating hospitals. All such plans shall be submitted to 33 the Department of Public Health Human Servicesfor approval SB1704 Enrolled -54- LRB9011518MWpc 1 prior to such plan becoming effective. The Department of 2 Public Health Human Servicesshall approve such plan for 3 community or areawide hospital emergency service to alleged 4 sexual assault survivors if it finds that the implementation 5 of the proposed plan would provide an adequate hospital 6 emergency service for the people of the community or area to 7 be served. 8 (Source: P.A. 89-507, eff. 7-1-97.) 9 (410 ILCS 70/6) (from Ch. 111 1/2, par. 87-6) 10 Sec. 6. Powers and duties of Departments of Public 11 Health and Public Aid Department of Human Services. 12 (a) The Department of Public Health Human Servicesshall 13 have the duties and responsibilities required by Sections 14 Section2, and Sections6.1, 6.2, and through6.4. 15 (b) The Department of Public Aid shall have the duties 16 and responsibilities required by Sections 6.3 and 7. 17 (Source: P.A. 89-507, eff. 7-1-97.) 18 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4) 19 Sec. 6.4. Sexual assault evidence collection program. 20 (a) There is created a statewide sexual assault evidence 21 collection program to facilitate the prosecution of persons 22 accused of sexual assault. This program shall be 23 administered by the Illinois State Police. The program shall 24 consist of the following: (1) distribution of sexual assault 25 evidence collection kits which have been approved by the 26 Illinois State Police to hospitals that request them, or 27 arranging for such distribution by the manufacturer of the 28 kits, (2) collection of the kits from hospitals after the 29 kits have been used to collect evidence, (3) analysis of the 30 collected evidence and conducting of laboratory tests, and 31 (4) maintaining the chain of custody and safekeeping of the 32 evidence for use in a legal proceeding. The standardized SB1704 Enrolled -55- LRB9011518MWpc 1 evidence collection kit for the State of Illinois shall be 2 the State Police Evidence Collection Kit, also known as 3 "S.P.E.C.K.". A sexual assault evidence collection kit may 4 not be released by a hospital without the written consent of 5 the sexual assault survivor or, in the case of a minor, the 6 written consent of the minor's parent or legal guardian. 7 (b) The Illinois State Police shall administer a program 8 to train hospitals and hospital personnel participating in 9 the sexual assault evidence collection program, in the 10 correct use and application of the sexual assault evidence 11 collection kits. The Department of Public Health Human12 Servicesshall cooperate with the Illinois State Police in 13 this program as it pertains to medical aspects of the 14 evidence collection. 15 (Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97.) 16 (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7) 17 Sec. 7. Hospital charges and reimbursement. When any 18 hospital or ambulance provider furnishes emergency services 19 to any alleged sexual assault survivor, as defined by the 20 Department of Public Aid Human Servicespursuant to Section 21 6.3 of this Act, who is neither eligible to receive such 22 services under the Illinois Public Aid Code nor covered as to 23 such services by a policy of insurance, the hospital and 24 ambulance provider shall furnish such services to that person 25 without charge and shall be entitled to be reimbursed for its 26 billed charges in providing such services by the Department 27 of Public Aid Human Services. 28 (Source: P.A. 89-507, eff. 7-1-97.) 29 Section 60. The Hemophilia Care Act is amended by 30 changing the title of the Act and Sections 1, 3, and 4 and by 31 adding Section 3.5 as follows: SB1704 Enrolled -56- LRB9011518MWpc 1 (410 ILCS 420/Act title) 2 An Act establishing in the Illinois Department of Public 3 Aid Human Servicesa program for the care of persons 4 suffering from hemophilia, establishing a Hemophilia Advisory 5 Committee and designating powers and duties in relation 6 thereto. 7 (410 ILCS 420/1) (from Ch. 111 1/2, par. 2901) 8 Sec. 1. Definitions. As used in this Act, unless the 9 context clearly requires otherwise: 10 (1) "Department" means the Illinois Department of Public 11 Aid Human Services. 12 (1.5) "Director" "Secretary"means the Director of 13 Public Aid Secretary of Human Services. 14 (2) (Blank). 15 (3) "Hemophilia" means a bleeding tendency resulting 16 from a genetically determined deficiency in the blood. 17 (4) "Committee" means the Hemophilia Advisory Committee 18 created under this Act. 19 (5) "Eligible person" means any resident of the State 20 suffering from hemophilia. 21 (6) "Family" means: 22 (a) In the case of a patient who is a dependent of 23 another person or couple as defined by the Illinois 24 Income Tax Act, all those persons for whom exemption is 25 claimed in the State income tax return of the person or 26 couple whose dependent the eligible person is, and 27 (b) In all other cases, all those persons for whom 28 exemption is claimed in the State income tax return of 29 the eligible person, or of the eligible person and his 30 spouse. 31 (7) "Eligible cost of hemophilia services" means the 32 cost of blood transfusions, blood derivatives, and for 33 outpatient services, of physician charges, medical supplies, SB1704 Enrolled -57- LRB9011518MWpc 1 and appliances, used in the treatment of eligible persons for 2 hemophilia, plus one half of the cost of hospital inpatient 3 care, minus any amount of such cost which is eligible for 4 payment or reimbursement by any hospital or medical insurance 5 program, by any other government medical or financial 6 assistance program, or by any charitable assistance program. 7 (8) "Gross income" means the base income for State 8 income tax purposes of all members of the family. 9 (9) "Available family income" means the lesser of: 10 (a) Gross income minus the sum of (1) $5,500, and 11 (2) $3,500 times the number of persons in the family, or 12 (b) One half of gross income. 13 (Source: P.A. 89-507, eff. 7-1-97.) 14 (410 ILCS 420/3) (from Ch. 111 1/2, par. 2903) 15 Sec. 3. The powers and duties of the Department shall 16 include the following: 17 (1) With the advice and counsel of the Committee, 18 develop standards for determining eligibility for care and 19 treatment under this program. Among other standards 20 developed under this Section, persons suffering from 21 hemophilia must be evaluated in a center properly staffed and 22 equipped for such evaluation, but not operated by the 23 Department. 24 (2) (Blank). Assist in the development and expansion of25 programs for the care and treatment of persons suffering from26 hemophilia, including self-administration, prevention, home27 care and other medical, dental, and surgical procedures and28 techniques designed to provide maximum control over bleeding29 episodes typical of this condition.30 (3) Extend financial assistance to eligible persons in 31 order that they may obtain blood and blood derivatives for 32 use in hospitals, in medical and dental facilities, or at 33 home. The Department shall extend financial assistance in SB1704 Enrolled -58- LRB9011518MWpc 1 each fiscal year to each family containing one or more 2 eligible persons in the amount of (a) the family's eligible 3 cost of hemophilia services for that fiscal year, minus (b) 4 one fifth of its available family income for its next 5 preceding taxable year. The Director Secretarymay extend 6 financial assistance in the case of unusual hardships, 7 according to specific procedures and conditions adopted for 8 this purpose in the rules and regulations promulgated by the 9 Department to implement and administer this Act. 10 (4) (Blank). Institute and carry on an educational11 program among physicians, hospitals, public health12 departments, and the public concerning hemophilia, including13 dissemination of information and the conducting of14 educational programs concerning the prevention of hemophilia15 and the methods for the care and treatment of persons16 suffering from this disease.17 (5) Promulgate rules and regulations with the advice and 18 counsel of the Committee for the implementation and 19 administration of this Act. 20 (Source: P.A. 89-507, eff. 7-1-97.) 21 (410 ILCS 420/3.5 new) 22 Sec. 3.5. Assistance by Department of Public Health. 23 (a) The Department of Public Health shall assist in the 24 development and expansion of programs for the care and 25 treatment of persons suffering from hemophilia, including 26 self-administration, prevention, home care, and other 27 medical, dental, and surgical procedures and techniques 28 designed to provide maximum control over bleeding episodes 29 typical of this condition. 30 (b) The Department of Public Health shall institute and 31 carry on an educational program among physicians, hospitals, 32 public health departments, and the public concerning 33 hemophilia, including dissemination of information and the SB1704 Enrolled -59- LRB9011518MWpc 1 conducting of educational programs concerning the prevention 2 of hemophilia and the methods available for the care and 3 treatment of persons suffering from this disease. 4 (410 ILCS 420/4) (from Ch. 111 1/2, par. 2904) 5 Sec. 4. The Director Secretaryshall appoint a 6 Hemophilia Advisory Committee to advise and consult with the 7 Department in the administration of this Act. The Committee 8 shall meet on call of the Chairman not less than twice 9 annually. A report shall be given to the Committee from the 10 Director Secretarysemiannually, detailing plans and 11 activities of the Department under this Act. The Committee 12 shall consist of the Director Secretaryas Chairman 13 ex-officio and 8 members, selected as follows: 14 (1) Two eligible persons, as defined in Section 1 of 15 this Act, or members of an organization representing eligible 16 persons; 17 (2) Two medical specialists in hemophilia patient care; 18 and 19 (3) Four members of the general public other than 20 persons identified in (1) and (2). 21 The terms of members of the Committee shall be 4 years 22 except that, of those members initially appointed to the 23 Committee, one of those appointed from each constituency 24 group shall serve for a term of 4 years, and one shall serve 25 for a term of 2 years. The length of terms of initial 26 appointees shall be determined by lot from among members of 27 each constituency group at the Committee's first meeting. In 28 the event that a vacancy occurs on the Committee, the 29 Director Secretaryshall within 60 days appoint a new member 30 to complete the unexpired portion of the term. No member may 31 be succeeded other than by another representative of the same 32 constituency group. 33 The initial members shall be appointed by the SecretarySB1704 Enrolled -60- LRB9011518MWpc 1 by October 15, 1977, and shall take office on November 1, 2 1977. Thereafter, on or before October 15 of each odd 3 numbered year, the Director Secretaryshall appoint 4 members 4 as necessary to maintain an 8 member Committee, whose terms 5 shall commence on November 1 of the year in which they are 6 appointed. 7 Members of the Committee shall receive no compensation, 8 but shall be reimbursed for actual expenses incurred in 9 carrying out their duties. 10 (Source: P.A. 89-507, eff. 7-1-97.) 11 Section 65. The Renal Disease Treatment Act is amended 12 by changing the title of the Act and Sections 1, 2, 3, and 13 3.01 as follows: 14 (410 ILCS 430/Act title) 15 An Act to establish in the Department of Public Aid Human16 Servicesa program for the care of persons suffering from 17 chronic renal diseases, designating powers and duties in 18 relation thereto, and making an appropriation therefor. 19 (410 ILCS 430/1) (from Ch. 111 1/2, par. 22.31) 20 Sec. 1. The Department of Public Aid Human Servicesshall 21 establish a program for the care and treatment of persons 22 suffering from chronic renal diseases. This program shall 23 assist persons suffering from chronic renal diseases who 24 require lifesaving care and treatment for such renal disease, 25 but who are unable to pay for such services on a continuing 26 basis. 27 (Source: P.A. 89-507, eff. 7-1-97.) 28 (410 ILCS 430/2) (from Ch. 111 1/2, par. 22.32) 29 Sec. 2. The Director Secretaryof Public Aid Human30 Servicesshall appoint a Renal Disease Advisory Committee to SB1704 Enrolled -61- LRB9011518MWpc 1 consult with the Department in the administration of this 2 Act. The Committee shall be composed of 15 persons 3 representing hospitals and medical schools which establish 4 dialysis centers or kidney transplant programs, voluntary 5 agencies interested in kidney diseases, physicians licensed 6 to practice medicine in all of its branches, and the general 7 public. Each member shall hold office for a term of 4 years 8 and until his successor is appointed and qualified, except 9 that the terms of the members appointed pursuant to Public 10 Act 78-538 shall expire as designated at the time of 11 appointment, 1 at the end of the first year, 1 at the end of 12 the second year, 1 at the end of the third year, and 1 at the 13 end of the fourth year, after the date of appointment. Any 14 person appointed to fill a vacancy occurring prior to the 15 expiration of the term for which his predecessor was 16 appointed shall be appointed for the remainder of such term. 17 The Committee shall meet as frequently as the Director 18 Secretaryof Public Aid Human Servicesdeems necessary, but 19 not less than once each year. The Committee members shall 20 receive no compensation but shall be reimbursed for actual 21 expenses incurred in carrying out their duties as members of 22 this Committee. 23 (Source: P.A. 89-507, eff. 7-1-97.) 24 (410 ILCS 430/3) (from Ch. 111 1/2, par. 22.33) 25 Sec. 3. Duties of Departments of Public Aid and Public 26 Health. 27 (A) The Department of Public Aid Human Servicesshall: 28 (a) With the advice of the Renal Disease Advisory 29 Committee, develop standards for determining eligibility 30 for care and treatment under this program. Among other 31 standards so developed under this paragraph, candidates, 32 to be eligible for care and treatment, must be evaluated 33 in a center properly staffed and equipped for such SB1704 Enrolled -62- LRB9011518MWpc 1 evaluation. 2 (b) (Blank). Assist in the development and3 expansion of programs for the care and treatment of4 persons suffering from chronic renal diseases, including5 dialysis and other medical or surgical procedures and6 techniques which will have a lifesaving effect in the7 care and treatment of persons suffering from these8 diseases.9 (c) (Blank). Assist in the development of programs10 for the prevention of chronic renal diseases.11 (d) Extend financial assistance to persons 12 suffering from chronic renal diseases in obtaining the 13 medical, surgical, nursing, pharmaceutical, and technical 14 services necessary in caring for such diseases, including 15 the renting of home dialysis equipment. The Renal Disease 16 Advisory Committee shall recommend to the Department the 17 extent of financial assistance, including the reasonable 18 charges and fees, for: 19 (1) Treatment in a dialysis facility; 20 (2) Hospital treatment for dialysis and 21 transplant surgery; 22 (3) Treatment in a limited care facility; 23 (4) Home dialysis training; and 24 (5) Home dialysis. 25 (e) Assist in equipping dialysis centers. 26 (B) The Department of Public Health shall: 27 (a) Assist in the development and expansion of 28 programs for the care and treatment of persons suffering 29 from chronic renal diseases, including dialysis and 30 other medical or surgical procedures and techniques that 31 will have a lifesaving effect in the care and treatment 32 of persons suffering from these diseases. 33 (b) Assist in the development of programs for the 34 prevention of chronic renal diseases. SB1704 Enrolled -63- LRB9011518MWpc 1 (c) (f)Institute and carry on an educational 2 program among physicians, hospitals, public health 3 departments, and the public concerning chronic renal 4 diseases, including the dissemination of information and 5 the conducting of educational programs concerning the 6 prevention of chronic renal diseases and the methods for 7 the care and treatment of persons suffering from these 8 diseases. 9 (Source: P.A. 89-507, eff. 7-1-97.) 10 (410 ILCS 430/3.01) (from Ch. 111 1/2, par. 22.33.01) 11 Sec. 3.01. The provisions of the Illinois Administrative 12 Procedure Act are hereby expressly adopted and shall apply to 13 all administrative rules and procedures of the Department of 14 Public Aid Human Servicesunder this Act, except that Section 15 5-35 of the Illinois Administrative Procedure Act relating to 16 procedures for rule-making does not apply to the adoption of 17 any rule required by federal law in connection with which the 18 Department is precluded by law from exercising any 19 discretion. 20 (Source: P.A. 88-45; 89-507, eff. 7-1-97.) 21 Section 70. The Unified Code of Corrections is amended 22 by changing Section 3-4-1 as follows: 23 (730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1) 24 Sec. 3-4-1. Gifts and Grants; Special Trusts Funds; 25 Department of Corrections Reimbursement and Education Fund. 26 (a) The Department may accept, receive and use, for and 27 in behalf of the State, any moneys, goods or services given 28 for general purposes of this Code by the federal government 29 or from any other source, public or private, including 30 collections from inmates, reimbursement of payments under the 31 Workers' Compensation Act, and commissions from inmate SB1704 Enrolled -64- LRB9011518MWpc 1 collect call telephone systems under an agreement with the 2 Department of Central Management Services. For these 3 purposes the Department may comply with such conditions and 4 enter into such agreements upon such covenants, terms, and 5 conditions as the Department may deem necessary or desirable, 6 if the agreement is not in conflict with State law. 7 (b) On July 1, 1998, the Department of Corrections 8 Reimbursement Fund and the Department of Corrections 9 Education Fund shall be combined into a single fund to be 10 known as the Department of Corrections Reimbursement and 11 Education Fund, which is hereby created as a special fund in 12 the State Treasury. The moneys deposited into the Department 13 of Corrections Reimbursement and Education Fund shall be 14 appropriated to the Department of Corrections for the 15 expenses of the Department. 16 The following shall be deposited into the Department of 17 Corrections Reimbursement and Education Fund: 18 (i) Moneys received or recovered by the Department 19 of Corrections as reimbursement for expenses incurred for 20 the incarceration of committed convictedpersons. 21 (ii) Moneys received or recovered by the Department 22 as reimbursement of payments made under the Workers' 23 Compensation Act. 24 (iii) Moneys received by the Department as 25 commissions from inmate collect call telephone systems. 26 (iv) Moneys received or recovered by the Department 27 as reimbursement for expenses incurred by the employment 28 of persons referred to the Department as participants in 29 the federal Job Training Partnership Act programs. 30 (v) Federal moneys, including reimbursement and 31 advances for services rendered or to be rendered and 32 moneys for other than educational purposes, under grant 33 or contract. 34 (vi) Moneys identified for deposit into the Fund SB1704 Enrolled -65- LRB9011518MWpc 1 under Section 13-44.4 of the School Code. 2 (vii) Moneys in the Department of Corrections 3 Reimbursement Fund and the Department of Corrections 4 Education Fund at the close of business on June 30, 1998. 5 (Source: P.A. 90-9, eff. 7-1-97.) 6 Section 99. Effective date. This Act takes effect July 7 1, 1998, except that this Section and the changes to Sec. 8 12-10.2 of the Illinois Public Aid Code take effect upon 9 becoming law.
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