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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.
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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
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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 1998 budget,
23 emergency rules to implement any provision of this amendatory
24 Act of 1998 1997 or any other budget initiative for fiscal
25 year 1999 1998 may 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.)
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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 47,863
7 Alcoholism and Substance Abuse Block
8 Grant Fund.................... 41,525
9 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... 57,991
16 Capital Development Board
17 Revolving Fund................ 1,375
18 Care Provider Fund for Persons with
19 Developmental Disability...... 3,559 24,941
20 Child Care and Development Fund... 6,574
21 Child Labor Enforcement Fund...... 1,553
22 Clean Air Act (CAA) Permit Fund... 8,245
23 Coal Technology Development
24 Assistance Fund............... 4,151
25 Common School Fund................ 102,856 42,944
26 The Communications Revolving Fund. 12,700 6,644
27 Community Water Supply
28 Laboratory Fund............... 821
29 Conservation 2000 Fund............ 4,930 6,454
30 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
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1 Services Training Fund........ 1,234
2 Design Professionals Administration
3 and Investigation Fund........ 7,556
4 DMH/DD Accounts Receivable Fund... 1,591
5 The Downstate Public
6 Transportation Fund........... 1,495 709
7 Dram Shop Fund.................... 42,493
8 Drivers Education Fund............ 633
9 Drunk and Drugged Driving
10 Prevention Fund............... 615
11 The Education Assistance Fund..... 149,225 155,115
12 Environmental Protection Permit
13 and Inspection Fund........... 9,599
14 Estate Tax Collection
15 Distributive Fund............. 1,704 1,182
16 Fair and Exposition Fund.......... 639 4,834
17 Federal Job-Training Information
18 Systems Revolving Fund........ 507
19 Feed Control Fund................. 1,602
20 Fertilizer Control Fund........... 1,391
21 The Fire Prevention Fund.......... 806 1,069
22 General Assembly Computer Equipment
23 Revolving Fund................ 1,429
24 General Professions Dedicated Fund. 32,596
25 The General Revenue Fund.......... 7,038,231 9,291,555
26 Grade Crossing Protection Fund.... 1,334 799
27 Guardianship and Advocacy Fund.... 570
28 Hazardous Waste Fund.............. 1,347
29 Hazardous Waste Research Fund..... 921
30 Horse Racing Tax Allocation Fund.. 5,238 8,477
31 Hospital Provider Fund............ 745 13,224
32 Illinois Affordable Housing
33 Trust Fund.................... 1,192
34 Illinois Beach Marina Fund........ 2,117
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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 Facilities
7 Planning Fund................. 571
8 Illinois Historic Sites Fund...... 5,310
9 Illinois Race Track Improvement Fund. 17,221
10 Illinois Standardbred Breeders Fund. 794 6,352
11 Illinois State Dental
12 Disciplinary Fund............. 5,201
13 Illinois State Fair Fund.......... 1,636 12,800
14 Illinois State Medical
15 Disciplinary Fund............. 36,747
16 Illinois State Pharmacy
17 Disciplinary Fund............. 14,314
18 Illinois State Podiatric
19 Disciplinary Fund............. 1,702
20 Illinois Tax Increment Fund....... 670
21 Illinois Thoroughbred Breeders Fund. 1,015 8,863
22 IMSA Income Fund.................. 1,129 947
23 Income Tax Refund Fund............ 11,805 37,436
24 Insurance Financial Regulation Fund. 70,106
25 Insurance Producer Administration Fund. 56,301
26 Interior Design Administration and
27 Investigation Fund............ 1,199
28 Keep Illinois Beautiful Fund...... 1,065
29 Landscape Architects' Administration
30 and Investigation Fund........ 714
31 LaSalle Veterans' Home Fund....... 5,913
32 Lead Poisoning Screening, Prevention,
33 and Abatement Fund............ 1,557
34 Live and Learn Fund............... 2,856 7,464
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1 The Local Government
2 Distributive Fund............. 12,445 35,923
3 The Local Initiative Fund......... 1,975 886
4 Local Tourism Fund................ 4,804
5 Long Term Care Provider Fund...... 10,268 13,202
6 Mandatory Arbitration Fund........ 3,125
7 Manteno Veterans' Home Fund....... 14,456
8 Mental Health Fund................ 2,602 25,624
9 Metabolic Screening and Treatment Fund. 1,750
10 Metro-East Public Transportation Fund. 982
11 The Motor Fuel Tax Fund........... 36,620 21,946
12 Motor Vehicle Theft Prevention
13 Trust Fund.................... 12,456
14 Natural Areas Acquisition Fund.... 10,060
15 Nuclear Safety Emergency
16 Preparedness Fund............. 24,927
17 Nursing Dedicated and Professional
18 Fund.......................... 23,145
19 Open Space Lands Acquisition
20 and Development Fund.......... 16,199
21 Optometric Licensing and Disciplinary
22 Committee Fund................ 3,147
23 Park and Conservation Fund........ 26,814
24 The Personal Property Tax
25 Replacement Fund.............. 15,366 39,111
26 Pesticide Control Fund............ 728 5,941
27 Public Infrastructure Construction
28 Loan Revolving Fund........... 1,774
29 The Public Transportation Fund.... 13,030 6,630
30 Public Utility Fund............... 1,129 41,559
31 Quincy Veterans Home Fund......... 27,103
32 Radiation Protection Fund......... 7,769
33 Radioactive Waste Facility
34 Development and Operation Fund. 10,942
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1 Real Estate License
2 Administration Fund........... 11,043
3 Registered Certified Public
4 Accountants' Administration and
5 Disciplinary Fund............. 2,305
6 The Road Fund..................... 155,219 102,141
7 Regional Transportation Authority
8 Occupation and Use Tax
9 Replacement Fund.............. 724
10 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. 699
15 Solid Waste Management Fund....... 6,771
16 Special Education Medicaid
17 Matching Fund................. 3,521 711
18 The State and Local Sales Tax
19 Reform Fund................... 1,448
20 State Boating Act Fund............ 13,855
21 State Construction Account Fund... 43,730 18,524
22 State Employees Deferred Compensation
23 Plan Fund..................... 20,641
24 The State Gaming Fund............. 1,454 4,487
25 The State Garage Revolving Fund... 4,064 2,081
26 The State Lottery Fund............ 34,669 33,512
27 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.................... 706 529
34 State's Attorneys Appellate
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1 Prosecutor's County Fund...... 6,903
2 The Statistical Services
3 Revolving Fund................ 7,559 3,921
4 Tourism Promotion Fund............ 15,060
5 Traffic and Criminal Conviction
6 Surcharge Fund................ 51,320
7 Transportation Regulatory Fund.... 31,988
8 Trauma Center Fund................ 1,323
9 U of I Hospital Services Fund..... 4,696 6,832
10 Underground Resources Conservation
11 Enforcement Fund.............. 1,595
12 Underground Storage Tank Fund..... 11,710
13 The Vehicle Inspection Fund....... 5,420 677
14 Violent Crime Victims
15 Assistance Fund............... 20,392
16 Weights and Measures Fund......... 611 3,126
17 Wildlife and Fish Fund............ 41,727
18 The Working Capital Revolving Fund. 72,135 35,332
19 Youth Alcoholism and Substance
20 Abuse Prevention Fund......... 775
21 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
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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
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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
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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
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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, from the moneys remaining, if any, amounts
22 required to be paid into the Long-Term Care Provider Fund in
23 previous months remain unpaid, those amounts shall be paid
24 into the Long-Term Care Provider Fund; then, from the moneys
25 remaining, $9,545,000 shall be paid into the Long-Term Care
26 Provider Fund (except that not more than $105,000,000 shall
27 be paid into the Long-Term Care Provider Fund in State fiscal
28 year 1994 from moneys received pursuant to this Act); and
29 finally the remaining moneys, if any, shall be paid into the
30 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
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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
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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 hereby
31 created as a special fund in the State Treasury. Moneys in
32 the Department of Corrections Reimbursement and Education
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1 Fund may shall be 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
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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
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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
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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
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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
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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
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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.
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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
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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
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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 each
19 calendar quarter, after payment therefrom of any amounts
20 reimbursable to the Federal government, and minus the amount
21 reasonably anticipated to be needed to make disbursements
22 during the quarter authorized by this Section, shall be
23 certified by the Director of the Illinois Department and
24 transferred by the State Comptroller to the General Revenue
25 Fund in the State Treasury within 30 days of the first day of
26 each calendar quarter.
27 The balance transferred to the General Revenue Fund for
28 any fiscal year shall be not less than ten percent of the
29 total support payments received, and retained pursuant to the
30 provisions of Title IV-D of the Social Security Act, on
31 behalf of persons receiving financial assistance under
32 Article IV of this Code which were required to be deposited
33 to this Fund during that fiscal year. The above described
34 payments received and retained shall include the State and
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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 Human
30 Services, to all alleged sexual assault survivors who apply
31 for such hospital emergency services in relation to injuries
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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 Services a 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 Services for approval prior to such plan becoming
12 effective. The Department of Public Health Human Services
13 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 Services shall
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
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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's Notice. All hearings shall be
22 conducted in accordance with the Department of Public
23 Health's Department's rules 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 Services for approval
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1 prior to such plan becoming effective. The Department of
2 Public Health Human Services shall 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 Services shall
13 have the duties and responsibilities required by Sections
14 Section 2, and Sections 6.1, 6.2, and through 6.4.
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
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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 Human
12 Services shall 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 Services pursuant 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:
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1 (410 ILCS 420/Act title)
2 An Act establishing in the Illinois Department of Public
3 Aid Human Services a 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,
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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 of
25 programs for the care and treatment of persons suffering from
26 hemophilia, including self-administration, prevention, home
27 care and other medical, dental, and surgical procedures and
28 techniques designed to provide maximum control over bleeding
29 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
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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 Secretary may 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 educational
11 program among physicians, hospitals, public health
12 departments, and the public concerning hemophilia, including
13 dissemination of information and the conducting of
14 educational programs concerning the prevention of hemophilia
15 and the methods for the care and treatment of persons
16 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
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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 Secretary shall 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 Secretary semiannually, detailing plans and
11 activities of the Department under this Act. The Committee
12 shall consist of the Director Secretary as 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 Secretary shall 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 Secretary
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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 Secretary shall 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 Human
16 Services a 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 Services shall
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 Secretary of Public Aid Human
30 Services shall appoint a Renal Disease Advisory Committee to
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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 Secretary of Public Aid Human Services deems 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 Services shall:
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
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1 evaluation.
2 (b) (Blank). Assist in the development and
3 expansion of programs for the care and treatment of
4 persons suffering from chronic renal diseases, including
5 dialysis and other medical or surgical procedures and
6 techniques which will have a lifesaving effect in the
7 care and treatment of persons suffering from these
8 diseases.
9 (c) (Blank). Assist in the development of programs
10 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.
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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 Services under 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
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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 convicted persons.
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
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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.