Public Act 094-0073
 
HB0788 Enrolled LRB094 07124 RSP 37276 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Epilepsy Disease Assistance Act.
 
    Section 5. Policy declaration. The General Assembly finds
that epilepsy is a devastating health condition that afflicts
2,300,000 United States citizens, over 125,000 of whom reside
in Illinois. The General Assembly also finds that epilepsy
afflicts its victims at all ages, but is particularly
devastating to children and the elderly. It is the opinion of
the General Assembly that epilepsy can cause serious financial,
social, and emotional hardships on the victims and their
families of such a major consequence that it is essential for
the State to develop and implement policies, plans, and
programs to alleviate these hardships.
    It is the intent of the General Assembly through
implementation of this Act to establish a program for the
conduct of epilepsy education, awareness, and treatment
initiatives designed to address the service gaps and treatment
needs of the people impacted by epilepsy. Additionally, it is
the intent of the General Assembly, through a comprehensive,
statewide system of community-based services (Epilepsy
Treatment and Education Program), to provide for the
identification, evaluation, diagnosis, referral, and treatment
of victims of this disease.
 
    Section 10. Duties of the Department.
    Subject to the availability of funds for these purposes,
the Department of Public Health shall:
        (1) Assist in the development of programs for the care
    and treatment of persons suffering from epilepsy.
        (2) Institute and carry on a statewide educational
    initiative among health care professionals, teachers,
    school administers, public health departments, and
    families, including the dissemination of information and
    the conducting of educational programs to assist in the
    early recognition and referral of persons for appropriate
    followup and treatment.
        (3) Develop standards for determining eligibility for
    care and treatment under this program. Among other
    standards so developed under this paragraph, candidates,
    to be eligible, must be referred and evaluated by a program
    properly staffed and affiliated with a national epilepsy
    program.
        (4) Extend assistance to the programs listed in item
    (2) in order to facilitate linkages for persons with
    epilepsy through the following:
            (i) referral and evaluation for appropriate care
        management and treatment; and
            (ii) diagnosis and treatment by epileptologists
        and the Epilepsy Foundation.
 
    Section 15. Epilepsy Advisory Committee. The Epilepsy
Advisory Committee is created as a committee within the
Department of Public Health. The Epilepsy Advisory Committee
shall consist of the Director of Public Health, or his or her
designee, who shall serve as a non-voting member and who shall
be the co-chair of the Committee, and 13 voting members
appointed by the Governor.
    The voting members shall include persons who are
experienced in the delivery of diagnoses, treatment, and
support services to victims of epilepsy and their families. The
voting members shall include 3 board-certified neurologists
licensed to practice medicine in all of its branches, at least
one of whom shall be a Director of a comprehensive epilepsy
center; one representative of an educational institution that
is affiliated with a medical center in the State; one
representative of a licensed hospital; one nurse; one social
worker; one representative of an organization established
under the Illinois Insurance Code for the purpose of providing
health insurance; one representative of each Illinois Epilepsy
Foundation affiliate; and 2 people with epilepsy or members of
their families.
    Each voting member shall serve for a term of 2 years and
until his or her successor is appointed and qualified. Members
of the Committee shall not be compensated, but shall be
reimbursed for expenses actually incurred in the performance of
their duties from funds appropriated for that purpose. No more
than 9 voting members may be of the same political party.
Vacancies shall be filled in the same manner as original
appointments.
    The Epilepsy Advisory Committee shall advise the
Department of Public Health on their duties under this Act.
 
    Section 20. Regional programs. The Epilepsy Committee
shall recommend the establishment of regional epilepsy
treatment and education programs designed to provide community
services to people with epilepsy and their families.
 
    Section 25. Epilepsy Treatment and Education Grants-in-Aid
Fund. The Epilepsy Treatment and Education Grants-in-Aid Fund
is created as a special fund in the State treasury. Using
appropriations from the Fund, the Department of Public Health
shall provide grants-in-aid (i) to fund necessary educational
activities and (ii) for the development and maintenance of
services for victims of epilepsy and their families, as managed
through an epilepsy program properly staffed and affiliated
with a national epilepsy program. The Department shall adopt
rules governing the distribution and specific purpose of these
grants.
 
    Section 30. The State Finance Act is amended by adding
Section 5.640 as follows:
 
    (30 ILCS 105/5.640 new)
    Sec. 5.640. The Epilepsy Treatment and Education
Grants-in-Aid Fund.
 
    Section 35. The Illinois Income Tax Act is amended by
changing Sections 509 and 510 and by adding Section 507EE as
follows:
 
    (35 ILCS 5/507EE new)
    Sec. 507EE. Epilepsy Treatment and Education Grants-in-Aid
Fund checkoff. The Department must print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Epilepsy Treatment and
Education Grants-in-Aid Fund, as authorized by this amendatory
Act of the 94th General Assembly, he or she may do so by
stating the amount of the contribution (not less than $1) on
the return and that the contribution will reduce the taxpayer's
refund or increase the amount of payment to accompany the
return. Failure to remit any amount of increased payment
reduces the contribution accordingly. This Section does not
apply to any amended return.
 
    (35 ILCS 5/509)  (from Ch. 120, par. 5-509)
    Sec. 509. Tax checkoff explanations. All individual income
tax return forms shall contain appropriate explanations and
spaces to enable the taxpayers to designate contributions to
the following funds: the Child Abuse Prevention Fund, the
Illinois Wildlife Preservation Fund (as required by the
Illinois Non-Game Wildlife Protection Act), the Alzheimer's
Disease Research Fund (as required by the Alzheimer's Disease
Research Act), the Assistance to the Homeless Fund (as required
by this Act), the Penny Severns Breast and Cervical Cancer
Research Fund, the National World War II Memorial Fund, the
Prostate Cancer Research Fund, the Lou Gehrig's Disease (ALS)
Research Fund, the Multiple Sclerosis Assistance Fund, the
Leukemia Treatment and Education Fund, the World War II
Illinois Veterans Memorial Fund, the Korean War Veterans
National Museum and Library Fund, the Illinois Military Family
Relief Fund, the Illinois Veterans' Homes Fund, the Epilepsy
Treatment and Education Grants-in-Aid Fund, and the Asthma and
Lung Research Fund.
    Each form shall contain a statement that the contributions
will reduce the taxpayer's refund or increase the amount of
payment to accompany the return. Failure to remit any amount of
increased payment shall reduce the contribution accordingly.
    If, on October 1 of any year, the total contributions to
any one of the funds made under this Section do not equal
$100,000 or more, the explanations and spaces for designating
contributions to the fund shall be removed from the individual
income tax return forms for the following and all subsequent
years and all subsequent contributions to the fund shall be
refunded to the taxpayer.
(Source: P.A. 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; 92-651,
eff. 7-11-02; 92-772, eff. 8-6-02; 92-886, eff. 2-7-03; 93-36,
eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff. 7-22-03;
93-324, eff. 7-23-03; 93-776, eff. 7-21-04.)
 
    (35 ILCS 5/510)  (from Ch. 120, par. 5-510)
    Sec. 510. Determination of amounts contributed. The
Department shall determine the total amount contributed to each
of the following: the Child Abuse Prevention Fund, the Illinois
Wildlife Preservation Fund, the Assistance to the Homeless
Fund, the Alzheimer's Disease Research Fund, the Penny Severns
Breast and Cervical Cancer Research Fund, the National World
War II Memorial Fund, the Prostate Cancer Research Fund, the
Illinois Military Family Relief Fund, the Lou Gehrig's Disease
(ALS) Research Fund, the Multiple Sclerosis Assistance Fund,
the Leukemia Treatment and Education Fund, the World War II
Illinois Veterans Memorial Fund, the Korean War Veterans
National Museum and Library Fund, the Illinois Veterans' Homes
Fund, the Epilepsy Treatment and Education Grants-in-Aid Fund,
and the Asthma and Lung Research Fund; and shall notify the
State Comptroller and the State Treasurer of the amounts to be
transferred from the General Revenue Fund to each fund, and
upon receipt of such notification the State Treasurer and
Comptroller shall transfer the amounts.
(Source: P.A. 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; 92-651,
eff. 7-11-02; 92-772, eff. 8-6-02; 92-886, eff. 2-7-03; 93-36,
eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff. 7-22-03;
93-324, eff. 7-23-03; 93-776, eff. 7-21-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.