State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ Enrolled ]

90_SB1704ham002

                                           LRB9011518EGfgam02
 1                    AMENDMENT TO SENATE BILL 1704
 2        AMENDMENT NO.     .  Amend Senate Bill 1704 on page 1, by
 3    replacing lines 10 and 11 with the following:
 4        "Section 7.  The Illinois Administrative Procedure Act is
 5    amended by changing Section 5-45 as follows:
 6        (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
 7        Sec. 5-45.  Emergency rulemaking.
 8        (a)  "Emergency" means the  existence  of  any  situation
 9    that  any agency finds reasonably constitutes a threat to the
10    public interest, safety, or welfare.
11        (b)  If any agency finds that an  emergency  exists  that
12    requires  adoption of a rule upon fewer days than is required
13    by Section 5-40 and states in writing its  reasons  for  that
14    finding, the agency may adopt an emergency rule without prior
15    notice   or   hearing  upon  filing  a  notice  of  emergency
16    rulemaking with the Secretary of State  under  Section  5-70.
17    The  notice  shall include the text of the emergency rule and
18    shall be published in the Illinois Register.  Consent  orders
19    or  other  court orders adopting settlements negotiated by an
20    agency  may  be  adopted  under  this  Section.   Subject  to
21    applicable  constitutional  or   statutory   provisions,   an
22    emergency  rule  becomes  effective  immediately  upon filing
                            -2-            LRB9011518EGfgam02
 1    under Section 5-65 or at a stated date  less  than  10   days
 2    thereafter.   The  agency's  finding  and  a statement of the
 3    specific reasons for the finding  shall  be  filed  with  the
 4    rule.   The  agency  shall  take  reasonable  and appropriate
 5    measures to make emergency rules known to the persons who may
 6    be affected by them.
 7        (c)  An emergency rule may be effective for a  period  of
 8    not longer than 150 days, but the agency's authority to adopt
 9    an  identical  rule  under Section 5-40 is not precluded.  No
10    emergency rule may be adopted more than once in any 24  month
11    period,   except  that  this  limitation  on  the  number  of
12    emergency rules that may be adopted in a 24 month period does
13    not apply to (i) emergency rules that make additions  to  and
14    deletions  from  the  Drug Manual under Section 5-5.16 of the
15    Illinois Public Aid Code or the generic drug formulary  under
16    Section  3.14  of the Illinois Food, Drug and Cosmetic Act or
17    (ii) emergency rules adopted by the Pollution  Control  Board
18    before  July  1,  1997 to implement portions of the Livestock
19    Management Facilities  Act.   Two  or  more  emergency  rules
20    having  substantially  the  same  purpose and effect shall be
21    deemed to be a single rule for purposes of this Section.
22        (d)  In order to provide for the expeditious  and  timely
23    implementation  of  the State's fiscal year 1999 1998 budget,
24    emergency rules to implement any provision of this amendatory
25    Act of 1998 1997 or any other budget  initiative  for  fiscal
26    year 1999 1998 may be adopted in accordance with this Section
27    by  the  agency  charged with administering that provision or
28    initiative,  except  that  the  24-month  limitation  on  the
29    adoption of emergency rules and the  provisions  of  Sections
30    5-115  and  5-125  do  not  apply to rules adopted under this
31    subsection (d).  The adoption of emergency  rules  authorized
32    by  this  subsection  (d) shall be deemed to be necessary for
33    the public interest, safety, and welfare.
34    (Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97.)
                            -3-            LRB9011518EGfgam02
 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
                            -4-            LRB9011518EGfgam02
 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
                            -5-            LRB9011518EGfgam02
 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
                            -6-            LRB9011518EGfgam02
 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
                            -7-            LRB9011518EGfgam02
 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
                            -8-            LRB9011518EGfgam02
 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
                            -9-            LRB9011518EGfgam02
 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.
                            -10-           LRB9011518EGfgam02
 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
                            -11-           LRB9011518EGfgam02
 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
                            -12-           LRB9011518EGfgam02
 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
                            -13-           LRB9011518EGfgam02
 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
                            -14-           LRB9011518EGfgam02
 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.
                            -15-           LRB9011518EGfgam02
 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
                            -16-           LRB9011518EGfgam02
 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
                            -17-           LRB9011518EGfgam02
 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
                            -18-           LRB9011518EGfgam02
 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.
                            -19-           LRB9011518EGfgam02
 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.
                            -20-           LRB9011518EGfgam02
 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
                            -21-           LRB9011518EGfgam02
 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
                            -22-           LRB9011518EGfgam02
 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
                            -23-           LRB9011518EGfgam02
 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
                            -24-           LRB9011518EGfgam02
 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
                            -25-           LRB9011518EGfgam02
 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
                            -26-           LRB9011518EGfgam02
 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;
                            -27-           LRB9011518EGfgam02
 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:
                            -28-           LRB9011518EGfgam02
 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
                            -29-           LRB9011518EGfgam02
 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
                            -30-           LRB9011518EGfgam02
 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
                            -31-           LRB9011518EGfgam02
 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
                            -32-           LRB9011518EGfgam02
 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
                            -33-           LRB9011518EGfgam02
 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
                            -34-           LRB9011518EGfgam02
 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
                            -35-           LRB9011518EGfgam02
 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
                            -36-           LRB9011518EGfgam02
 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
                            -37-           LRB9011518EGfgam02
 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
                            -38-           LRB9011518EGfgam02
 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
                            -39-           LRB9011518EGfgam02
 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
                            -40-           LRB9011518EGfgam02
 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
                            -41-           LRB9011518EGfgam02
 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
                            -42-           LRB9011518EGfgam02
 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
                            -43-           LRB9011518EGfgam02
 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
                            -44-           LRB9011518EGfgam02
 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
                            -45-           LRB9011518EGfgam02
 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
                            -46-           LRB9011518EGfgam02
 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
                            -47-           LRB9011518EGfgam02
 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.
                            -48-           LRB9011518EGfgam02
 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
                            -49-           LRB9011518EGfgam02
 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
                            -50-           LRB9011518EGfgam02
 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
                            -51-           LRB9011518EGfgam02
 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        Section   12-10.4.   Juvenile   Rehabilitation   Services
 6    Medicaid Matching Fund.    There  is  created  in  the  State
 7    Treasury   the   Juvenile  Rehabilitation  Services  Medicaid
 8    Matching Fund.  Deposits to this Fund shall  consist  of  all
 9    moneys  received  from  the federal government for behavioral
10    health  services  secured  by  counties  under  the  Medicaid
11    Rehabilitation Option for minors who are committed to  mental
12    health facilities by 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
                            -52-           LRB9011518EGfgam02
 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
                            -53-           LRB9011518EGfgam02
 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
                            -54-           LRB9011518EGfgam02
 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
                            -55-           LRB9011518EGfgam02
 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:
                            -56-           LRB9011518EGfgam02
 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,
                            -57-           LRB9011518EGfgam02
 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
                            -58-           LRB9011518EGfgam02
 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
                            -59-           LRB9011518EGfgam02
 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
                            -60-           LRB9011518EGfgam02
 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
                            -61-           LRB9011518EGfgam02
 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
                            -62-           LRB9011518EGfgam02
 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.
                            -63-           LRB9011518EGfgam02
 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
                            -64-           LRB9011518EGfgam02
 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
                            -65-           LRB9011518EGfgam02
 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.".

[ Top ]