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91_HB4766
LRB9115074DJgcA
1 AN ACT in relation to early intervention services.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 8-1 as follows:
6 (235 ILCS 5/8-1) (from Ch. 43, par. 158)
7 Sec. 8-1. A tax is imposed upon the privilege of
8 engaging in business as a manufacturer or as an importing
9 distributor of alcoholic liquor other than beer at the rate
10 of $0.185 per gallon for cider containing not less than 0.5%
11 alcohol by volume nor more than 7% alcohol by volume, $0.73
12 per gallon for wine other than cider containing less than 7%
13 alcohol by volume, and $4.50 per gallon on alcohol and
14 spirits manufactured and sold or used by such manufacturer,
15 or as agent for any other person, or sold or used by such
16 importing distributor, or as agent for any other person. A
17 tax is imposed upon the privilege of engaging in business as
18 a manufacturer of beer or as an importing distributor of beer
19 at the rate of $0.185 per gallon on all beer manufactured and
20 sold or used by such manufacturer, or as agent for any other
21 person, or sold or used by such importing distributor, or as
22 agent for any other person. Thirty percent of the money
23 received under this Section by the Department of Revenue
24 shall be deposited into the Early Intervention Revolving Fund
25 and shall be used as prescribed under Section 20 of the Early
26 Intervention Services System Act. Any brewer manufacturing
27 beer in this State shall be entitled to and given a credit or
28 refund of 75% of the tax imposed on each gallon of beer up to
29 4.9 million gallons per year in any given calendar year for
30 tax paid or payable on beer produced and sold in the State of
31 Illinois.
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1 For the purpose of this Section, "cider" means any
2 alcoholic beverage obtained by the alcohol fermentation of
3 the juice of apples or pears including, but not limited to,
4 flavored, sparkling, or carbonated cider.
5 The credit or refund created by this Act shall apply to
6 all beer taxes in the calendar years 1982 through 1986.
7 The increases made by this amendatory Act of the 91st
8 General Assembly in the rates of taxes imposed under this
9 Section shall apply beginning on July 1, 1999.
10 A tax at the rate of 1¢ per gallon on beer and 48¢ per
11 gallon on alcohol and spirits is also imposed upon the
12 privilege of engaging in business as a retailer or as a
13 distributor who is not also an importing distributor with
14 respect to all beer and all alcohol and spirits owned or
15 possessed by such retailer or distributor when this
16 amendatory Act of 1969 becomes effective, and with respect to
17 which the additional tax imposed by this amendatory Act upon
18 manufacturers and importing distributors does not apply.
19 Retailers and distributors who are subject to the additional
20 tax imposed by this paragraph of this Section shall be
21 required to inventory such alcoholic liquor and to pay this
22 additional tax in a manner prescribed by the Department.
23 The provisions of this Section shall be construed to
24 apply to any importing distributor engaging in business in
25 this State, whether licensed or not.
26 However, such tax is not imposed upon any such business
27 as to any alcoholic liquor shipped outside Illinois by an
28 Illinois licensed manufacturer or importing distributor, nor
29 as to any alcoholic liquor delivered in Illinois by an
30 Illinois licensed manufacturer or importing distributor to a
31 purchaser for immediate transportation by the purchaser to
32 another state into which the purchaser has a legal right,
33 under the laws of such state, to import such alcoholic
34 liquor, nor as to any alcoholic liquor other than beer sold
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1 by one Illinois licensed manufacturer or importing
2 distributor to another Illinois licensed manufacturer or
3 importing distributor to the extent to which the sale of
4 alcoholic liquor other than beer by one Illinois licensed
5 manufacturer or importing distributor to another Illinois
6 licensed manufacturer or importing distributor is authorized
7 by the licensing provisions of this Act, nor to alcoholic
8 liquor whether manufactured in or imported into this State
9 when sold to a "non-beverage user" licensed by the State for
10 use in the manufacture of any of the following when they are
11 unfit for beverage purposes:
12 Patent and proprietary medicines and medicinal,
13 antiseptic, culinary and toilet preparations;
14 Flavoring extracts and syrups and food products;
15 Scientific, industrial and chemical products, excepting
16 denatured alcohol;
17 Or for scientific, chemical, experimental or mechanical
18 purposes;
19 Nor is the tax imposed upon the privilege of engaging in
20 any business in interstate commerce or otherwise, which
21 business may not, under the Constitution and Statutes of the
22 United States, be made the subject of taxation by this State.
23 The tax herein imposed shall be in addition to all other
24 occupation or privilege taxes imposed by the State of
25 Illinois or political subdivision thereof.
26 If any alcoholic liquor manufactured in or imported into
27 this State is sold to a licensed manufacturer or importing
28 distributor by a licensed manufacturer or importing
29 distributor to be used solely as an ingredient in the
30 manufacture of any beverage for human consumption, the tax
31 imposed upon such purchasing manufacturer or importing
32 distributor shall be reduced by the amount of the taxes which
33 have been paid by the selling manufacturer or importing
34 distributor under this Act as to such alcoholic liquor so
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1 used to the Department of Revenue.
2 If any person received any alcoholic liquors from a
3 manufacturer or importing distributor, with respect to which
4 alcoholic liquors no tax is imposed under this Article, and
5 such alcoholic liquor shall thereafter be disposed of in such
6 manner or under such circumstances as may cause the same to
7 become the base for the tax imposed by this Article, such
8 person shall make the same reports and returns, pay the same
9 taxes and be subject to all other provisions of this Article
10 relating to manufacturers and importing distributors.
11 Nothing in this Article shall be construed to require the
12 payment to the Department of the taxes imposed by this
13 Article more than once with respect to any quantity of
14 alcoholic liquor sold or used within this State.
15 No tax is imposed by this Act on sales of alcoholic
16 liquor by Illinois licensed foreign importers to Illinois
17 licensed importing distributors.
18 (Source: P.A. 90-625, eff. 7-10-98; 91-38, eff. 6-15-99.)
19 Section 10. The Early Intervention Services System Act
20 is amended by changing Sections 3 and 20 as follows:
21 (325 ILCS 20/3) (from Ch. 23, par. 4153)
22 Sec. 3. Definitions. As used in this Act:
23 (a) "Eligible infants and toddlers" means infants and
24 toddlers under 36 months of age with any of the following
25 conditions:
26 (1) Developmental delays as defined by the
27 Department by rule.
28 (2) A physical or mental condition which typically
29 results in developmental delay.
30 (3) Being at risk of having substantial
31 developmental delays based on informed clinical judgment.
32 (b) "Developmental delay" means a delay of 30% or more
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1 in function below the mean in one or more of the following
2 areas of childhood development as measured by appropriate
3 diagnostic instruments and standard procedures: cognitive;
4 physical, including vision and hearing; language, speech and
5 communication; psycho-social; or self-help skills.
6 (c) "Physical or mental condition which typically
7 results in developmental delay" means:
8 (1) a diagnosed medical disorder bearing a
9 relatively well known expectancy for developmental
10 outcomes within varying ranges of developmental
11 disabilities; or
12 (2) a history of prenatal, perinatal, neonatal or
13 early developmental events suggestive of biological
14 insults to the developing central nervous system and
15 which either singly or collectively increase the
16 probability of developing a disability or delay based on
17 a medical history.
18 (d) "Informed clinical judgment" means both clinical
19 observations and parental participation to determine
20 eligibility by a consensus of a multidisciplinary team of 2
21 or more members based on their professional experience and
22 expertise.
23 (e) "Early intervention services" means services which:
24 (1) are designed to meet the developmental needs of
25 each child eligible under this Act and the needs of his
26 or her family;
27 (2) are selected in collaboration with the child's
28 family;
29 (3) are provided under public supervision;
30 (4) are provided at no cost except where a schedule
31 of sliding scale fees or other system of payments by
32 families has been adopted in accordance with State and
33 federal law;
34 (5) are designed to meet an infant's or toddler's
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1 developmental needs in any of the following areas:
2 (A) physical development, including vision and
3 hearing,
4 (B) cognitive development,
5 (C) communication development,
6 (D) social or emotional development, or
7 (E) adaptive development;
8 (6) meet the standards of the State, including the
9 requirements of this Act;
10 (7) include one or more of the following:
11 (A) family training,
12 (B) social work services, including
13 counseling, and home visits,
14 (C) special instruction,
15 (D) speech, language pathology and audiology,
16 (E) occupational therapy,
17 (F) physical therapy,
18 (G) psychological services,
19 (H) service coordination services,
20 (I) medical services only for diagnostic or
21 evaluation purposes,
22 (J) early identification, screening, and
23 assessment services,
24 (K) health services specified by the lead
25 agency as necessary to enable the infant or toddler
26 to benefit from the other early intervention
27 services,
28 (L) vision services,
29 (M) transportation, and
30 (N) assistive technology devices and services;
31 (8) are provided by qualified personnel, including
32 but not limited to:
33 (A) child development specialists or special
34 educators,
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1 (B) speech and language pathologists and
2 audiologists,
3 (C) occupational therapists,
4 (D) physical therapists,
5 (E) social workers,
6 (F) nurses,
7 (G) nutritionists,
8 (H) optometrists,
9 (I) psychologists, and
10 (J) physicians;
11 (9) are provided in conformity with an
12 Individualized Family Service Plan;
13 (10) are provided throughout the year; and
14 (11) are provided in natural environments,
15 including the home and community settings in which
16 infants and toddlers without disabilities would
17 participate to the extent determined by the
18 multidisciplinary Individualized Family Service Plan.
19 (f) "Individualized Family Service Plan" or "Plan" means
20 a written plan for providing early intervention services to a
21 child eligible under this Act and the child's family, as set
22 forth in Section 11.
23 (g) "Local interagency agreement" means an agreement
24 entered into by local community and State and regional
25 agencies receiving early intervention funds directly from the
26 State and made in accordance with State interagency
27 agreements providing for the delivery of early intervention
28 services within a local community area.
29 (h) "Council" means the Illinois Interagency Council on
30 Early Intervention established under Section 4.
31 (i) "Lead agency" means the State agency responsible for
32 administering this Act and receiving and disbursing public
33 funds received in accordance with State and federal law and
34 rules.
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1 (j) "Child find" means a service which identifies
2 eligible infants and toddlers.
3 (Source: P.A. 90-158, eff. 1-1-98; 91-538, eff. 8-13-99.)
4 (325 ILCS 20/20)
5 Sec. 20. Early Intervention Services Revolving Fund.
6 There is created a revolving fund to be known as the Early
7 Intervention Services Revolving Fund, to be held by the lead
8 agency.
9 The Early Intervention Services Revolving Fund shall be
10 used to the extent determined necessary by the lead agency to
11 pay for early intervention services.
12 Local Accounts for such purposes may be established by
13 the lead agency.
14 Expenditures from the Early Intervention Services
15 Revolving Fund shall be made in accordance with applicable
16 program provisions and shall be limited to those purposes and
17 amounts specified under applicable program guidelines.
18 Funding of the Fund shall be from family fees, insurance
19 company payments, federal financial participation received as
20 reimbursement for expenditures from the Fund, 30% of the
21 payments made under Section 8-1 of the Liquor Control Act of
22 1934, as provided in that Section, and appropriations made to
23 the State agencies involved in the payment for early
24 intervention services under this Act.
25 Disbursements from the Early Intervention Services
26 Revolving Fund shall be made as determined by the lead agency
27 or its designee, except that of the payments into the fund
28 pursuant to Section 8-1 of the Liquor Control Act of 1934,
29 disbursements of that money shall be made from the fund as
30 follows:
31 (1) No less than 5% and no more than 10% of the
32 money shall be used for contracts with providers of early
33 intervention services that are operating in hard-to-serve
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1 or low income communities or counties, as defined by the
2 Department, or in jurisdictions within the State in which
3 the early intervention enrollment penetration rate
4 achieved in the previous fiscal year is less than 1.7%.
5 Contracts under this paragraph shall be let for specified
6 activities designed to secure, maintain, and increase
7 family participation and achievement of the goals in the
8 individualized family service plan.
9 (2) No less than 5% and no more than 10% of the
10 money shall be used to increase the direct contracted
11 support for Child and Family Connections offices over the
12 amount contracted by the lead agency for all such offices
13 for fiscal year 2001.
14 (3) The remainder of the money shall be expended
15 each year on direct early intervention services, with no
16 less than 75% of this remaining sum to be expended in
17 fiscal year 2002 to increase the rates paid to providers
18 for early intervention services above that paid for each
19 of these services on June 30, 2000, and 100% of the
20 remainder after subtracting the amounts expended under
21 items (1) and (2) of this paragraph to be expended in
22 each fiscal year thereafter to maintain those rates and
23 otherwise pay for direct early intervention services.
24 None of the money paid into the Early Intervention
25 Revolving Fund from the payments made under Section 8-1
26 of the Liquor Control Act of 1934 shall be used to
27 supplement or supplant State, federal or private funds
28 previously expended for early intervention services. To
29 meet this requirement, the total amount of funds expended
30 in fiscal year 2001 for direct early intervention
31 services for children from State, federal, or private
32 sources must be, in each fiscal year beginning with
33 fiscal year 2002, no less than the sum expended from
34 those sources without regard to the additional funds made
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1 available under the Liquor Control Act of 1934.
2 Funds in the Early Intervention Services Revolving Fund
3 or the local accounts created under this Section that are not
4 immediately required for expenditure may be invested in
5 certificates of deposit or other interest bearing accounts.
6 Any interest earned shall be deposited in the Early
7 Intervention Services Revolving Fund.
8 (Source: P.A. 89-106, eff. 7-7-95; 89-499, eff. 6-28-96.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.