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92_SB1905 LRB9215977SMdv 1 AN ACT concerning taxes. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Emergency Management Agency Act 5 is amended by changing Section 5 as follows: 6 (20 ILCS 3305/5) (from Ch. 127, par. 1055) 7 Sec. 5. Illinois Emergency Management Agency. 8 (a) There is created within the executive branch of the 9 State Government an Illinois Emergency Management Agency and 10 a Director of the Illinois Emergency Management Agency, 11 herein called the "Director" who shall be the head thereof. 12 The Director shall be appointed by the Governor, with the 13 advice and consent of the Senate, and shall serve for a term 14 of 2 years beginning on the third Monday in January of the 15 odd-numbered year, and until a successor is appointed and has 16 qualified; except that the term of the first Director 17 appointed under this Act shall expire on the third Monday in 18 January, 1989. The Director shall not hold any other 19 remunerative public office. The Director shall receive an 20 annual salary as set by the Governor from time to time or the 21 amount set by the Compensation Review Board, whichever is 22 higher. If set by the Governor, the Director's annual salary 23 may not exceed 85% of the Governor's annual salary. 24 (b) The Illinois Emergency Management Agency shall 25 obtain, under the provisions of the Personnel Code, 26 technical, clerical, stenographic and other administrative 27 personnel, and may make expenditures within the appropriation 28 therefor as may be necessary to carry out the purpose of this 29 Act. The agency created by this Act is intended to be a 30 successor to the agency created under the Illinois Emergency 31 Services and Disaster Agency Act of 1975 and the personnel, -2- LRB9215977SMdv 1 equipment, records, and appropriations of that agency are 2 transferred to the successor agency as of the effective date 3 of this Act. 4 (c) The Director, subject to the direction and control 5 of the Governor, shall be the executive head of the Illinois 6 Emergency Management Agency and the State Emergency Response 7 Commission and shall be responsible under the direction of 8 the Governor, for carrying out the program for emergency 9 management of this State. The Director shall also maintain 10 liaison and cooperate with the emergency management 11 organizations of this State and other states and of the 12 federal government. 13 (d) The Illinois Emergency Management Agency shall take 14 an integral part in the development and revision of political 15 subdivision emergency operations plans prepared under 16 paragraph (f) of Section 10. To this end it shall employ or 17 otherwise secure the services of professional and technical 18 personnel capable of providing expert assistance to the 19 emergency services and disaster agencies. These personnel 20 shall consult with emergency services and disaster agencies 21 on a regular basis and shall make field examinations of the 22 areas, circumstances, and conditions that particular 23 political subdivision emergency operations plans are intended 24 to apply. 25 (e) The Illinois Emergency Management Agency and 26 political subdivisions shall be encouraged to form an 27 emergency management advisory committee composed of private 28 and public personnel representing the emergency management 29 phases of mitigation, preparedness, response, and recovery. 30 The Local Emergency Planning Committee, as created under the 31 Illinois Emergency Planning and Community Right to Know Act, 32 shall serve as an advisory committee to the emergency 33 services and disaster agency or agencies serving within the 34 boundaries of that Local Emergency Planning Committee -3- LRB9215977SMdv 1 planning district for: 2 (1) the development of emergency operations plan 3 provisions for hazardous chemical emergencies; and 4 (2) the assessment of emergency response 5 capabilities related to hazardous chemical emergencies. 6 (f) The Illinois Emergency Management Agency shall: 7 (1) Coordinate the overall emergency management 8 program of the State. 9 (2) Cooperate with local governments, the federal 10 government and any public or private agency or entity in 11 achieving any purpose of this Act and in implementing 12 emergency management programs for mitigation, 13 preparedness, response, and recovery. 14 (2.5) Cooperate with the Department of Nuclear 15 Safety in development of the comprehensive emergency 16 preparedness and response plan for any nuclear accident 17 in accordance with Section 2005-65 of the Department of 18 Nuclear Safety Law of the Civil Administrative Code of 19 Illinois and in development of the Illinois Nuclear 20 Safety Preparedness program in accordance with Section 8 21 of the Illinois Nuclear Safety Preparedness Act. 22 (3) Prepare, for issuance by the Governor, 23 executive orders, proclamations, and regulations as 24 necessary or appropriate in coping with disasters. 25 (4) Promulgate rules and requirements for political 26 subdivision emergency operations plans that are not 27 inconsistent with and are at least as stringent as 28 applicable federal laws and regulations. 29 (5) Review and approve, in accordance with Illinois 30 Emergency Management Agency rules, emergency operations 31 plans for those political subdivisions required to have 32 an emergency services and disaster agency pursuant to 33 this Act. 34 (5.5) Promulgate rules and requirements for the -4- LRB9215977SMdv 1 political subdivision emergency management exercises, 2 including, but not limited to, exercises of the emergency 3 operations plans. 4 (5.10) Review, evaluate, and approve, in accordance 5 with Illinois Emergency Management Agency rules, 6 political subdivision emergency management exercises for 7 those political subdivisions required to have an 8 emergency services and disaster agency pursuant to this 9 Act. 10 (6) Determine requirements of the State and its 11 political subdivisions for food, clothing, and other 12 necessities in event of a disaster. 13 (7) Establish a register of persons with types of 14 emergency management training and skills in mitigation, 15 preparedness, response, and recovery. 16 (8) Establish a register of government and private 17 response resources available for use in a disaster. 18 (9) Expand the Earthquake Awareness Program and its 19 efforts to distribute earthquake preparedness materials 20 to schools, political subdivisions, community groups, 21 civic organizations, and the media. Emphasis will be 22 placed on those areas of the State most at risk from an 23 earthquake. Maintain the list of all school districts, 24 hospitals, airports, power plants, including nuclear 25 power plants, lakes, dams, emergency response facilities 26 of all types, and all other major public or private 27 structures which are at the greatest risk of damage from 28 earthquakes under circumstances where the damage would 29 cause subsequent harm to the surrounding communities and 30 residents. 31 (10) Disseminate all information, completely and 32 without delay, on water levels for rivers and streams and 33 any other data pertaining to potential flooding supplied 34 by the Division of Water Resources within the Department -5- LRB9215977SMdv 1 of Natural Resources to all political subdivisions to the 2 maximum extent possible. 3 (11) Develop agreements, if feasible, with medical 4 supply and equipment firms to supply resources as are 5 necessary to respond to an earthquake or any other 6 disaster as defined in this Act. These resources will be 7 made available upon notifying the vendor of the disaster. 8 Payment for the resources will be in accordance with 9 Section 7 of this Act. The Illinois Department of Public 10 Health shall determine which resources will be required 11 and requested. 12 (11.5) Make grants from the Anti-Terrorism Fund to 13 State and local entities for paying or reimbursing costs 14 incurred by those entities for overtime salaries of 15 emergency and security personnel related to 16 anti-terrorism and for associated anti-terrorism 17 expenses. 18 (12) Do all other things necessary, incidental or 19 appropriate for the implementation of this Act. 20 (Source: P.A. 91-25, eff. 6-9-99; 92-73, eff. 1-1-02.) 21 Section 10. The Illinois Income Tax Act is amended by 22 changing Sections 509 and 510 and by adding Section 507X as 23 follows: 24 (35 ILCS 5/507X new) 25 Sec. 507X. Anti-Terrorism Fund checkoff. Beginning with 26 taxable years ending on or after December 31, 2002, the 27 Department shall print on its standard individual income tax 28 form a provision indicating that if the taxpayer wishes to 29 contribute to the Anti-Terrorism Fund, as authorized by this 30 amendatory Act of the 92nd General Assembly, he or she may do 31 so by stating the amount of the contribution (not less than 32 $1) on the return and that the contribution will reduce the -6- LRB9215977SMdv 1 taxpayer's refund or increase the amount of payment to 2 accompany the return. Failure to remit any amount of 3 increased payment shall reduce the contribution accordingly. 4 This Section shall not apply to any amended return. 5 (35 ILCS 5/509) (from Ch. 120, par. 5-509) 6 (Text of Section before amendment by P.A. 92-84) 7 Sec. 509. Tax checkoff explanations. All individual 8 income tax return forms shall contain appropriate 9 explanations and spaces to enable the taxpayers to designate 10 contributions to the Child Abuse Prevention Fund, to the 11 Community Health Center Care Fund, to the Illinois Wildlife 12 Preservation Fund as required by the Illinois Non-Game 13 Wildlife Protection Act, to the Alzheimer's Disease Research 14 Fund as required by the Alzheimer's Disease Research Act, to 15 the Assistance to the Homeless Fund as required by this Act, 16 to the Heritage Preservation Fund as required by the Heritage 17 Preservation Act, to the Child Care Expansion Program Fund as 18 required by the Child Care Expansion Program Act, to the Ryan 19 White AIDS Victims Assistance Fund, to the Assistive 20 Technology for Persons with Disabilities Fund, to the 21 Domestic Violence Shelter and Service Fund, to the United 22 States Olympians Assistance Fund, to the Youth Drug Abuse 23 Prevention Fund, to the Persian Gulf Conflict Veterans Fund, 24 to the Literacy Advancement Fund, to the Ryan White Pediatric 25 and Adult AIDS Fund, to the Illinois Special Olympics 26 Checkoff Fund, to the Penny Severns Breast and Cervical 27 Cancer Research Fund, to the Korean War Memorial Fund, to the 28 Heart Disease Treatment and Prevention Fund, to the 29 Hemophilia Treatment Fund, to the Mental Health Research 30 Fund, to the Children's Cancer Fund, to the American Diabetes 31 Association Fund, to the National World War II Memorial Fund, 32 to the Prostate Cancer Research Fund, to the Korean War 33 Veterans National Museum and Library Fund, to the -7- LRB9215977SMdv 1 Anti-Terrorism Fund, and to the Meals on Wheels Fund. Each 2 form shall contain a statement that the contributions will 3 reduce the taxpayer's refund or increase the amount of 4 payment to accompany the return. Failure to remit any amount 5 of increased payment shall reduce the contribution 6 accordingly. 7 If, on October 1 of any year, the total contributions to 8 any one of the funds made under this Section do not equal 9 $100,000 or more, the explanations and spaces for designating 10 contributions to the fund shall be removed from the 11 individual income tax return forms for the following and all 12 subsequent years and all subsequent contributions to the fund 13 shall be refunded to the taxpayer. 14 (Source: P.A. 91-104, eff. 7-13-99; 91-107, eff. 7-13-99; 15 91-357, eff. 7-29-99; 91-833, eff. 1-1-01; 91-836, eff. 16 1-1-01; 92-198, eff. 8-1-01.) 17 (Text of Section after amendment by P.A. 92-84) 18 Sec. 509. Tax checkoff explanations. All individual 19 income tax return forms shall contain appropriate 20 explanations and spaces to enable the taxpayers to designate 21 contributions to the Child Abuse Prevention Fund, to the 22 Illinois Wildlife Preservation Fund as required by the 23 Illinois Non-Game Wildlife Protection Act, to the Alzheimer's 24 Disease Research Fund as required by the Alzheimer's Disease 25 Research Act, to the Assistance to the Homeless Fund as 26 required by this Act, to the Penny Severns Breast and 27 Cervical Cancer Research Fund, to the National World War II 28 Memorial Fund,andto the Prostate Cancer Research Fund, to 29 the Anti-Terrorism Fund, and to the Korean War Veterans 30 National Museum and Library Fund,. Each form shall contain a 31 statement that the contributions will reduce the taxpayer's 32 refund or increase the amount of payment to accompany the 33 return. Failure to remit any amount of increased payment 34 shall reduce the contribution accordingly. -8- LRB9215977SMdv 1 If, on October 1 of any year, the total contributions to 2 any one of the funds made under this Section do not equal 3 $100,000 or more, the explanations and spaces for designating 4 contributions to the fund shall be removed from the 5 individual income tax return forms for the following and all 6 subsequent years and all subsequent contributions to the fund 7 shall be refunded to the taxpayer. 8 (Source: P.A. 91-104, eff. 7-13-99; 91-107, eff. 7-13-99; 9 91-357, eff. 7-29-99; 91-833, eff. 1-1-01; 91-836, eff. 10 1-1-01; 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; revised 11 9-12-01.) 12 (35 ILCS 5/510) (from Ch. 120, par. 5-510) 13 (Text of Section before amendment by P.A. 92-84) 14 Sec. 510. Determination of amounts contributed. The 15 Department shall determine the total amount contributed to 16 each of the following: the Child Abuse Prevention Fund, the 17 Illinois Wildlife Preservation Fund, the Community Health 18 Center Care Fund, the Assistance to the Homeless Fund, the 19 Alzheimer's Disease Research Fund, the Heritage Preservation 20 Fund, the Child Care Expansion Program Fund, the Ryan White 21 AIDS Victims Assistance Fund, the Assistive Technology for 22 Persons with Disabilities Fund, the Domestic Violence Shelter 23 and Service Fund, the United States Olympians Assistance 24 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf 25 Conflict Veterans Fund, the Literacy Advancement Fund, the 26 Ryan White Pediatric and Adult AIDS Fund, the Illinois 27 Special Olympics Checkoff Fund, the Penny Severns Breast and 28 Cervical Cancer Research Fund, the Korean War Memorial Fund, 29 the Heart Disease Treatment and Prevention Fund, the 30 Hemophilia Treatment Fund, the Mental Health Research Fund, 31 the Children's Cancer Fund, the American Diabetes 32 Association Fund, the National World War II Memorial Fund, 33 the Prostate Cancer Research Fund, the Korean War Veterans -9- LRB9215977SMdv 1 National Museum and Library Fund, the Anti-Terrorism Fund, 2 and the Meals on Wheels Fund; and shall notify the State 3 Comptroller and the State Treasurer of the amounts to be 4 transferred from the General Revenue Fund to each fund, and 5 upon receipt of such notification the State Treasurer and 6 Comptroller shall transfer the amounts. 7 (Source: P.A. 91-104, eff. 7-13-99; 91-107, eff. 7-13-99; 8 91-833, eff. 1-1-01; 91-836, eff. 1-1-01; 92-198, eff. 9 8-1-01.) 10 (Text of Section after amendment by P.A. 92-84) 11 Sec. 510. Determination of amounts contributed. The 12 Department shall determine the total amount contributed to 13 each of the following: the Child Abuse Prevention Fund, the 14 Illinois Wildlife Preservation Fund, the Assistance to the 15 Homeless Fund, the Alzheimer's Disease Research Fund, the 16 Penny Severns Breast and Cervical Cancer Research Fund, the 17 National World War II Memorial Fund,andthe Prostate Cancer 18 Research Fund, the Anti-Terrorism Fund, and the Korean War 19 Veterans National Museum and Library Fund,; and shall notify 20 the State Comptroller and the State Treasurer of the amounts 21 to be transferred from the General Revenue Fund to each fund, 22 and upon receipt of such notification the State Treasurer and 23 Comptroller shall transfer the amounts. 24 (Source: P.A. 91-104, eff. 7-13-99; 91-107, eff. 7-13-99; 25 91-833, eff. 1-1-01; 91-836, eff. 1-1-01; 92-84, eff. 7-1-02; 26 92-198, eff. 8-1-01; revised 9-12-01.) 27 Section 15. The State Finance Act is amended by adding 28 Section 5.570 as follows: 29 (30 ILCS 105/5.570 new) 30 Sec. 5.570. The Anti-Terrorism Fund. -10- LRB9215977SMdv 1 Section 95. No acceleration or delay. Where this Act 2 makes changes in a statute that is represented in this Act by 3 text that is not yet or no longer in effect (for example, a 4 Section represented by multiple versions), the use of that 5 text does not accelerate or delay the taking effect of (i) 6 the changes made by this Act or (ii) provisions derived from 7 any other Public Act. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.