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91_SB1591eng SB1591 Engrossed LRB9111045EGfg 1 AN ACT to revise the law by combining multiple enactments 2 and making technical corrections. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Nature of this Act. 6 (a) This Act may be cited as the First 2000 General 7 Revisory Act. 8 (b) This Act is not intended to make any substantive 9 change in the law. It reconciles conflicts that have arisen 10 from multiple amendments and enactments and makes technical 11 corrections and revisions in the law. 12 This Act revises and, where appropriate, renumbers 13 certain Sections that have been added or amended by more than 14 one Public Act. In certain cases in which a repealed Act or 15 Section has been replaced with a successor law, this Act 16 incorporates amendments to the repealed Act or Section into 17 the successor law. This Act also corrects errors, revises 18 cross-references, and deletes obsolete text. 19 (c) In this Act, the reference at the end of each 20 amended Section indicates the sources in the Session Laws of 21 Illinois that were used in the preparation of the text of 22 that Section. The text of the Section included in this Act 23 is intended to reconcile the different versions of the 24 Section found in the Public Acts included in the list of 25 sources, but may not include other versions of the Section to 26 be found in Public Acts not included in the list of sources. 27 The list of sources is not a part of the text of the Section. 28 (d) Public Acts 91-001 through 91-677 were considered in 29 the preparation of the combining revisories included in this 30 Act. Many of those combining revisories contain no striking 31 or underscoring because no additional changes are being made 32 in the material that is being combined. SB1591 Engrossed -2- LRB9111045EGfg 1 Section 5. The Regulatory Sunset Act is amended by 2 changing Sections 4.10 and 4.20 as follows: 3 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10) 4 Sec. 4.10. The following Acts are repealed December 31, 5 1999: 6 The Fire Equipment Distributor and Employee Regulation 7 Act. 8 The Land Sales Registration Act of 1989. 9 (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, 10 eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99; 11 91-255, eff. 12-30-99; revised 11-9-99.) 12 (5 ILCS 80/4.20) 13 Sec. 4.20. ActsActrepealed on January 1, 2010December1431, 2009. The following Acts areAct isrepealed on January 15 1, 2010December 31, 2009: 16 The Auction License Act. 17 The Illinois Architecture Practice Act of 1989. 18 The Illinois Landscape Architecture Act of 1989. 19 The Illinois Professional Land Surveyor Act of 1989. 20 The Land Sales Registration Act of 1999. 21 TheIllinoisOrthotics, Prosthetics, and Pedorthics 22 Practice Act. 23 The Perfusionist Practice Act. 24 The Professional Engineering Practice Act of 1989. 25 The Real Estate License Act of 2000. 26 The Structural Engineering Practice Act of 1989. 27 (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, 28 eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99; 29 91-255, eff. 12-30-99; 91-338, eff. 12-30-99; 91-580, eff. 30 1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00; revised 31 12-10-99.) SB1591 Engrossed -3- LRB9111045EGfg 1 Section 6. The Open Meetings Act is amended by changing 2 Section 1.02 as follows: 3 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02) 4 Sec. 1.02. For the purposes of this Act: 5 "Meeting" means any gathering of a majority of a quorum 6 of the memberscommissionersof a public body held for the 7 purpose of discussing public business. 8 "Public body" includes all legislative, executive, 9 administrative or advisory bodies of the State, counties, 10 townships, cities, villages, incorporated towns, school 11 districts and all other municipal corporations, boards, 12 bureaus, committees or commissions of this State, and any 13 subsidiary bodies of any of the foregoing including but not 14 limited to committees and subcommittees which are supported 15 in whole or in part by tax revenue, or which expend tax 16 revenue, except the General Assembly and committees or 17 commissions thereof. "Public body" includes tourism boards 18 and convention or civic center boards located in counties 19 that are contiguous to the Mississippi River with populations 20 of more than 250,000 but less than 300,000. "Public body" 21 does not include a child death review team established under 22 the Child Death Review Team Act or an ethics commission, 23 ethics officer, or ultimate jurisdictional authority acting 24 under the State Gift Ban Act as provided by Section 80 of 25 that Act. 26 (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99; 27 revised 11-8-99.) 28 Section 7. The Freedom of Information Act is amended by 29 changing Section 7 as follows: 30 (5 ILCS 140/7) (from Ch. 116, par. 207) 31 Sec. 7. Exemptions. SB1591 Engrossed -4- LRB9111045EGfg 1 (1) The following shall be exempt from inspection and 2 copying: 3 (a) Information specifically prohibited from 4 disclosure by federal or State law or rules and 5 regulations adopted under federal or State law. 6 (b) Information that, if disclosed, would 7 constitute a clearly unwarranted invasion of personal 8 privacy, unless the disclosure is consented to in writing 9 by the individual subjects of the information. The 10 disclosure of information that bears on the public duties 11 of public employees and officials shall not be considered 12 an invasion of personal privacy. Information exempted 13 under this subsection (b) shall include but is not 14 limited to: 15 (i) files and personal information maintained 16 with respect to clients, patients, residents, 17 students or other individuals receiving social, 18 medical, educational, vocational, financial, 19 supervisory or custodial care or services directly 20 or indirectly from federal agencies or public 21 bodies; 22 (ii) personnel files and personal information 23 maintained with respect to employees, appointees or 24 elected officials of any public body or applicants 25 for those positions; 26 (iii) files and personal information 27 maintained with respect to any applicant, registrant 28 or licensee by any public body cooperating with or 29 engaged in professional or occupational 30 registration, licensure or discipline; 31 (iv) information required of any taxpayer in 32 connection with the assessment or collection of any 33 tax unless disclosure is otherwise required by State 34 statute; and SB1591 Engrossed -5- LRB9111045EGfg 1 (v) information revealing the identity of 2 persons who file complaints with or provide 3 information to administrative, investigative, law 4 enforcement or penal agencies; provided, however, 5 that identification of witnesses to traffic 6 accidents, traffic accident reports, and rescue 7 reports may be provided by agencies of local 8 government, except in a case for which a criminal 9 investigation is ongoing, without constituting a 10 clearly unwarranted per se invasion of personal 11 privacy under this subsection. 12 (c) Records compiled by any public body for 13 administrative enforcement proceedings and any law 14 enforcement or correctional agency for law enforcement 15 purposes or for internal matters of a public body, but 16 only to the extent that disclosure would: 17 (i) interfere with pending or actually and 18 reasonably contemplated law enforcement proceedings 19 conducted by any law enforcement or correctional 20 agency; 21 (ii) interfere with pending administrative 22 enforcement proceedings conducted by any public 23 body; 24 (iii) deprive a person of a fair trial or an 25 impartial hearing; 26 (iv) unavoidably disclose the identity of a 27 confidential source or confidential information 28 furnished only by the confidential source; 29 (v) disclose unique or specialized 30 investigative techniques other than those generally 31 used and known or disclose internal documents of 32 correctional agencies related to detection, 33 observation or investigation of incidents of crime 34 or misconduct; SB1591 Engrossed -6- LRB9111045EGfg 1 (vi) constitute an invasion of personal 2 privacy under subsection (b) of this Section; 3 (vii) endanger the life or physical safety of 4 law enforcement personnel or any other person; or 5 (viii) obstruct an ongoing criminal 6 investigation. 7 (d) Criminal history record information maintained 8 by State or local criminal justice agencies, except the 9 following which shall be open for public inspection and 10 copying: 11 (i) chronologically maintained arrest 12 information, such as traditional arrest logs or 13 blotters; 14 (ii) the name of a person in the custody of a 15 law enforcement agency and the charges for which 16 that person is being held; 17 (iii) court records that are public; 18 (iv) records that are otherwise available 19 under State or local law; or 20 (v) records in which the requesting party is 21 the individual identified, except as provided under 22 part (vii) of paragraph (c) of subsection (1) of 23 this Section. 24 "Criminal history record information" means data 25 identifiable to an individual and consisting of 26 descriptions or notations of arrests, detentions, 27 indictments, informations, pre-trial proceedings, trials, 28 or other formal events in the criminal justice system or 29 descriptions or notations of criminal charges (including 30 criminal violations of local municipal ordinances) and 31 the nature of any disposition arising therefrom, 32 including sentencing, court or correctional supervision, 33 rehabilitation and release. The term does not apply to 34 statistical records and reports in which individuals are SB1591 Engrossed -7- LRB9111045EGfg 1 not identified and from which their identities are not 2 ascertainable, or to information that is for criminal 3 investigative or intelligence purposes. 4 (e) Records that relate to or affect the security 5 of correctional institutions and detention facilities. 6 (f) Preliminary drafts, notes, recommendations, 7 memoranda and other records in which opinions are 8 expressed, or policies or actions are formulated, except 9 that a specific record or relevant portion of a record 10 shall not be exempt when the record is publicly cited and 11 identified by the head of the public body. The exemption 12 provided in this paragraph (f) extends to all those 13 records of officers and agencies of the General Assembly 14 that pertain to the preparation of legislative documents. 15 (g) Trade secrets and commercial or financial 16 information obtained from a person or business where the 17 trade secrets or information are proprietary, privileged 18 or confidential, or where disclosure of the trade secrets 19 or information may cause competitive harm, including all 20 information determined to be confidential under Section 21 4002 of the Technology Advancement and Development Act. 22 Nothing contained in this paragraph (g) shall be 23 construed to prevent a person or business from consenting 24 to disclosure. 25 (h) Proposals and bids for any contract, grant, or 26 agreement, including information which if it were 27 disclosed would frustrate procurement or give an 28 advantage to any person proposing to enter into a 29 contractor agreement with the body, until an award or 30 final selection is made. Information prepared by or for 31 the body in preparation of a bid solicitation shall be 32 exempt until an award or final selection is made. 33 (i) Valuable formulae, designs, drawings and 34 research data obtained or produced by any public body SB1591 Engrossed -8- LRB9111045EGfg 1 when disclosure could reasonably be expected to produce 2 private gain or public loss. 3 (j) Test questions, scoring keys and other 4 examination data used to administer an academic 5 examination or determined the qualifications of an 6 applicant for a license or employment. 7 (k) Architects' plans and engineers' technical 8 submissions for projects not constructed or developed in 9 whole or in part with public funds and for projects 10 constructed or developed with public funds, to the extent 11 that disclosure would compromise security. 12 (l) Library circulation and order records 13 identifying library users with specific materials. 14 (m) Minutes of meetings of public bodies closed to 15 the public as provided in the Open Meetings Act until the 16 public body makes the minutes available to the public 17 under Section 2.06 of the Open Meetings Act. 18 (n) Communications between a public body and an 19 attorney or auditor representing the public body that 20 would not be subject to discovery in litigation, and 21 materials prepared or compiled by or for a public body in 22 anticipation of a criminal, civil or administrative 23 proceeding upon the request of an attorney advising the 24 public body, and materials prepared or compiled with 25 respect to internal audits of public bodies. 26 (o) Information received by a primary or secondary 27 school, college or university under its procedures for 28 the evaluation of faculty members by their academic 29 peers. 30 (p) Administrative or technical information 31 associated with automated data processing operations, 32 including but not limited to software, operating 33 protocols, computer program abstracts, file layouts, 34 source listings, object modules, load modules, user SB1591 Engrossed -9- LRB9111045EGfg 1 guides, documentation pertaining to all logical and 2 physical design of computerized systems, employee 3 manuals, and any other information that, if disclosed, 4 would jeopardize the security of the system or its data 5 or the security of materials exempt under this Section. 6 (q) Documents or materials relating to collective 7 negotiating matters between public bodies and their 8 employees or representatives, except that any final 9 contract or agreement shall be subject to inspection and 10 copying. 11 (r) Drafts, notes, recommendations and memoranda 12 pertaining to the financing and marketing transactions of 13 the public body. The records of ownership, registration, 14 transfer, and exchange of municipal debt obligations, and 15 of persons to whom payment with respect to these 16 obligations is made. 17 (s) The records, documents and information relating 18 to real estate purchase negotiations until those 19 negotiations have been completed or otherwise terminated. 20 With regard to a parcel involved in a pending or actually 21 and reasonably contemplated eminent domain proceeding 22 under Article VII of the Code of Civil Procedure, 23 records, documents and information relating to that 24 parcel shall be exempt except as may be allowed under 25 discovery rules adopted by the Illinois Supreme Court. 26 The records, documents and information relating to a real 27 estate sale shall be exempt until a sale is consummated. 28 (t) Any and all proprietary information and records 29 related to the operation of an intergovernmental risk 30 management association or self-insurance pool or jointly 31 self-administered health and accident cooperative or 32 pool. 33 (u) Information concerning a university's 34 adjudication of student or employee grievance or SB1591 Engrossed -10- LRB9111045EGfg 1 disciplinary cases, to the extent that disclosure would 2 reveal the identity of the student or employee and 3 information concerning any public body's adjudication of 4 student or employee grievances or disciplinary cases, 5 except for the final outcome of the cases. 6 (v) Course materials or research materials used by 7 faculty members. 8 (w) Information related solely to the internal 9 personnel rules and practices of a public body. 10 (x) Information contained in or related to 11 examination, operating, or condition reports prepared by, 12 on behalf of, or for the use of a public body responsible 13 for the regulation or supervision of financial 14 institutions or insurance companies, unless disclosure is 15 otherwise required by State law. 16 (y) Information the disclosure of which is 17 restricted under Section 5-108 of the Public Utilities 18 Act. 19 (z) Manuals or instruction to staff that relate to 20 establishment or collection of liability for any State 21 tax or that relate to investigations by a public body to 22 determine violation of any criminal law. 23 (aa) Applications, related documents, and medical 24 records received by the Experimental Organ 25 Transplantation Procedures Board and any and all 26 documents or other records prepared by the Experimental 27 Organ Transplantation Procedures Board or its staff 28 relating to applications it has received. 29 (bb) Insurance or self insurance (including any 30 intergovernmental risk management association or self 31 insurance pool) claims, loss or risk management 32 information, records, data, advice or communications. 33 (cc) Information and records held by the Department 34 of Public Health and its authorized representatives SB1591 Engrossed -11- LRB9111045EGfg 1 relating to known or suspected cases of sexually 2 transmissible disease or any information the disclosure 3 of which is restricted under the Illinois Sexually 4 Transmissible Disease Control Act. 5 (dd) Information the disclosure of which is 6 exempted under Section 30 of the Radon Industry Licensing 7 Act. 8 (ee) Firm performance evaluations under Section 55 9 of the Architectural, Engineering, and Land Surveying 10 Qualifications Based Selection Act. 11 (ff) Security portions of system safety program 12 plans, investigation reports, surveys, schedules, lists, 13 data, or information compiled, collected, or prepared by 14 or for the Regional Transportation Authority under 15 Section 2.11 of the Regional Transportation Authority Act 16 or the State of Missouri under the Bi-State Transit 17 Safety Act. 18 (gg) Information the disclosure of which is 19 restricted and exempted under Section 50 of the Illinois 20 Prepaid Tuition Act. 21 (hh) Information the disclosure of which is 22 exempted under Section 80 of the State Gift Ban Act. 23 (ii) Beginning July 1, 1999, information that would 24 disclose or might lead to the disclosure of secret or 25 confidential information, codes, algorithms, programs, or 26 private keys intended to be used to create electronic or 27 digital signatures under the Electronic Commerce Security 28 Act. 29 (jj) Information contained in a local emergency 30 energy plan submitted to a municipality in accordance 31 with a local emergency energy plan ordinance that is 32 adopted under Section 11-21.5-5 of the Illinois Municipal 33 Code. 34 (kk)(jj)Information and data concerning the SB1591 Engrossed -12- LRB9111045EGfg 1 distribution of surcharge moneys collected and remitted 2 by wireless carriers under the Wireless Emergency 3 Telephone Safety Act. 4 (2) This Section does not authorize withholding of 5 information or limit the availability of records to the 6 public, except as stated in this Section or otherwise 7 provided in this Act. 8 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 9 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 10 1-1-99; 90-759, eff. 7-1-99; 91-137, eff. 7-16-99; 91-357, 11 eff. 7-29-99; 91-660, eff. 12-22-99; revised 1-17-00.) 12 Section 8. The State Records Act is amended by changing 13 Section 4a as follows: 14 (5 ILCS 160/4a) 15 Sec. 4a. Arrest reports. 16 (a) When an individual is arrested, the following 17 information must be made available to the news media for 18 inspection and copying: 19 (1) Information that identifies the individual 20person, including the name, age, address, and photograph, 21 when and if available. 22 (2) Information detailing any charges relating to 23 the arrest. 24 (3) The time and location of the arrest. 25 (4) The name of the investigating or arresting law 26 enforcement agency. 27 (5) If the individual is incarcerated, the amount 28 of any bail or bond. 29 (6) If the individual is incarcerated, the time and 30 date that the individual was received, discharged, or 31 transferred from the arresting agency's custody. 32 (b) The information required by this Section must be SB1591 Engrossed -13- LRB9111045EGfg 1 made available to the news media for inspection and copying 2 as soon as practicable, but in no event shall the time period 3 exceed 72 hours from the arrest. The information described 4 in paragraphs (3), (4), (5), and (6)3, 4, 5, and 6of 5 subsection (a), however, may be withheld if it is determined 6 that disclosure would: 7 (1) interfere with pending or actually and 8 reasonably contemplated law enforcement proceedings 9 conducted by any law enforcement or correctional agency; 10 (2) endanger the life or physical safety of law 11 enforcement or correctional personnel or any other 12 person; or 13 (3) compromise the security of any correctional 14 facility. 15 (c) For the purposes of this Section, the term "news 16 media" means personnel of a newspaper or other periodical 17 issued at regular intervals, a news service, a radio station, 18 a television station, a community antenna television service, 19 or a person or corporation engaged in making news reels or 20 other motion picture news for public showing. 21 (d) Each law enforcement or correctional agency may 22 charge fees for arrest records, but in no instance may the 23 fee exceed the actual cost of copying and reproduction. The 24 fees may not include the cost of the labor used to reproduce 25 the arrest record. 26 (e) The provisions of this Section do not supersede the 27 confidentiality provisions for arrest records of the Juvenile 28 Court Act of 1987. 29 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.) 30 Section 9. The State Employees Group Insurance Act of 31 1971 is amended by changing Sections 3 and 10 and by 32 changing, setting forth, and renumbering multiple versions of 33 Section 6.12 as follows: SB1591 Engrossed -14- LRB9111045EGfg 1 (5 ILCS 375/3) (from Ch. 127, par. 523) 2 Sec. 3. Definitions. Unless the context otherwise 3 requires, the following words and phrases as used in this Act 4 shall have the following meanings. The Department may define 5 these and other words and phrases separately for the purpose 6 of implementing specific programs providing benefits under 7 this Act. 8 (a) "Administrative service organization" means any 9 person, firm or corporation experienced in the handling of 10 claims which is fully qualified, financially sound and 11 capable of meeting the service requirements of a contract of 12 administration executed with the Department. 13 (b) "Annuitant" means (1) an employee who retires, or 14 has retired, on or after January 1, 1966 on an immediate 15 annuity under the provisions of Articles 2, 14, 15 (including 16 an employee who has retired under the optional retirement 17 program established under Section 15-158.2), paragraphs (2), 18 (3), or (5) of Section 16-106, or Article 18 of the Illinois 19 Pension Code; (2) any person who was receiving group 20 insurance coverage under this Act as of March 31, 1978 by 21 reason of his status as an annuitant, even though the annuity 22 in relation to which such coverage was provided is a 23 proportional annuity based on less than the minimum period of 24 service required for a retirement annuity in the system 25 involved; (3) any person not otherwise covered by this Act 26 who has retired as a participating member under Article 2 of 27 the Illinois Pension Code but is ineligible for the 28 retirement annuity under Section 2-119 of the Illinois 29 Pension Code; (4) the spouse of any person who is receiving a 30 retirement annuity under Article 18 of the Illinois Pension 31 Code and who is covered under a group health insurance 32 program sponsored by a governmental employer other than the 33 State of Illinois and who has irrevocably elected to waive 34 his or her coverage under this Act and to have his or her SB1591 Engrossed -15- LRB9111045EGfg 1 spouse considered as the "annuitant" under this Act and not 2 as a "dependent"; or (5) an employee who retires, or has 3 retired, from a qualified position, as determined according 4 to rules promulgated by the Director, under a qualified local 5 government or a qualified rehabilitation facility or a 6 qualified domestic violence shelter or service. (For 7 definition of "retired employee", see (p) post). 8 (b-5) "New SERS annuitant" means a person who, on or 9 after January 1, 1998, becomes an annuitant, as defined in 10 subsection (b), by virtue of beginning to receive a 11 retirement annuity under Article 14 of the Illinois Pension 12 Code, and is eligible to participate in the basic program of 13 group health benefits provided for annuitants under this Act. 14 (b-6) "New SURS annuitant" means a person who (1) on or 15 after January 1, 1998, becomes an annuitant, as defined in 16 subsection (b), by virtue of beginning to receive a 17 retirement annuity under Article 15 of the Illinois Pension 18 Code, (2) has not made the election authorized under Section 19 15-135.1 of the Illinois Pension Code, and (3) is eligible to 20 participate in the basic program of group health benefits 21 provided for annuitants under this Act. 22 (b-7) "New TRS State annuitant" means a person who, on 23 or after July 1, 1998, becomes an annuitant, as defined in 24 subsection (b), by virtue of beginning to receive a 25 retirement annuity under Article 16 of the Illinois Pension 26 Code based on service as a teacher as defined in paragraph 27 (2), (3), or (5) of Section 16-106 of that Code, and is 28 eligible to participate in the basic program of group health 29 benefits provided for annuitants under this Act. 30 (c) "Carrier" means (1) an insurance company, a 31 corporation organized under the Limited Health Service 32 Organization Act or the Voluntary Health Services Plan Act, a 33 partnership, or other nongovernmental organization, which is 34 authorized to do group life or group health insurance SB1591 Engrossed -16- LRB9111045EGfg 1 business in Illinois, or (2) the State of Illinois as a 2 self-insurer. 3 (d) "Compensation" means salary or wages payable on a 4 regular payroll by the State Treasurer on a warrant of the 5 State Comptroller out of any State, trust or federal fund, or 6 by the Governor of the State through a disbursing officer of 7 the State out of a trust or out of federal funds, or by any 8 Department out of State, trust, federal or other funds held 9 by the State Treasurer or the Department, to any person for 10 personal services currently performed, and ordinary or 11 accidental disability benefits under Articles 2, 14, 15 12 (including ordinary or accidental disability benefits under 13 the optional retirement program established under Section 14 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or 15 Article 18 of the Illinois Pension Code, for disability 16 incurred after January 1, 1966, or benefits payable under the 17 Workers' Compensation or Occupational Diseases Act or 18 benefits payable under a sick pay plan established in 19 accordance with Section 36 of the State Finance Act. 20 "Compensation" also means salary or wages paid to an employee 21 of any qualified local government or qualified rehabilitation 22 facility or a qualified domestic violence shelter or service. 23 (e) "Commission" means the State Employees Group 24 Insurance Advisory Commission authorized by this Act. 25 Commencing July 1, 1984, "Commission" as used in this Act 26 means the Illinois Economic and Fiscal Commission as 27 established by the Legislative Commission Reorganization Act 28 of 1984. 29 (f) "Contributory", when referred to as contributory 30 coverage, shall mean optional coverages or benefits elected 31 by the member toward the cost of which such member makes 32 contribution, or which are funded in whole or in part through 33 the acceptance of a reduction in earnings or the foregoing of 34 an increase in earnings by an employee, as distinguished from SB1591 Engrossed -17- LRB9111045EGfg 1 noncontributory coverage or benefits which are paid entirely 2 by the State of Illinois without reduction of the member's 3 salary. 4 (g) "Department" means any department, institution, 5 board, commission, officer, court or any agency of the State 6 government receiving appropriations and having power to 7 certify payrolls to the Comptroller authorizing payments of 8 salary and wages against such appropriations as are made by 9 the General Assembly from any State fund, or against trust 10 funds held by the State Treasurer and includes boards of 11 trustees of the retirement systems created by Articles 2, 14, 12 15, 16 and 18 of the Illinois Pension Code. "Department" 13 also includes the Illinois Comprehensive Health Insurance 14 Board, the Board of Examiners established under the Illinois 15 Public Accounting Act, and the Illinois Rural Bond Bank. 16 (h) "Dependent", when the term is used in the context of 17 the health and life plan, means a member's spouse and any 18 unmarried child (1) from birth to age 19 including an adopted 19 child, a child who lives with the member from the time of the 20 filing of a petition for adoption until entry of an order of 21 adoption, a stepchild or recognized child who lives with the 22 member in a parent-child relationship, or a child who lives 23 with the member if such member is a court appointed guardian 24 of the child, or (2) age 19 to 23 enrolled as a full-time 25 student in any accredited school, financially dependent upon 26 the member, and eligible to be claimed as a dependent for 27 income tax purposes, or (3) age 19 or over who is mentally or 28 physically handicapped. For the health plan only, the term 29 "dependent" also includes any person enrolled prior to the 30 effective date of this Section who is dependent upon the 31 member to the extent that the member may claim such person as 32 a dependent for income tax deduction purposes; no other such 33 person may be enrolled. 34 (i) "Director" means the Director of the Illinois SB1591 Engrossed -18- LRB9111045EGfg 1 Department of Central Management Services. 2 (j) "Eligibility period" means the period of time a 3 member has to elect enrollment in programs or to select 4 benefits without regard to age, sex or health. 5 (k) "Employee" means and includes each officer or 6 employee in the service of a department who (1) receives his 7 compensation for service rendered to the department on a 8 warrant issued pursuant to a payroll certified by a 9 department or on a warrant or check issued and drawn by a 10 department upon a trust, federal or other fund or on a 11 warrant issued pursuant to a payroll certified by an elected 12 or duly appointed officer of the State or who receives 13 payment of the performance of personal services on a warrant 14 issued pursuant to a payroll certified by a Department and 15 drawn by the Comptroller upon the State Treasurer against 16 appropriations made by the General Assembly from any fund or 17 against trust funds held by the State Treasurer, and (2) is 18 employed full-time or part-time in a position normally 19 requiring actual performance of duty during not less than 1/2 20 of a normal work period, as established by the Director in 21 cooperation with each department, except that persons elected 22 by popular vote will be considered employees during the 23 entire term for which they are elected regardless of hours 24 devoted to the service of the State, and (3) except that 25 "employee" does not include any person who is not eligible by 26 reason of such person's employment to participate in one of 27 the State retirement systems under Articles 2, 14, 15 (either 28 the regular Article 15 system or the optional retirement 29 program established under Section 15-158.2) or 18, or under 30 paragraph (2), (3), or (5) of Section 16-106, of the Illinois 31 Pension Code, but such term does include persons who are 32 employed during the 6 month qualifying period under Article 33 14 of the Illinois Pension Code. Such term also includes any 34 person who (1) after January 1, 1966, is receiving ordinary SB1591 Engrossed -19- LRB9111045EGfg 1 or accidental disability benefits under Articles 2, 14, 15 2 (including ordinary or accidental disability benefits under 3 the optional retirement program established under Section 4 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or 5 Article 18 of the Illinois Pension Code, for disability 6 incurred after January 1, 1966, (2) receives total permanent 7 or total temporary disability under the Workers' Compensation 8 Act or Occupational Disease Act as a result of injuries 9 sustained or illness contracted in the course of employment 10 with the State of Illinois, or (3) is not otherwise covered 11 under this Act and has retired as a participating member 12 under Article 2 of the Illinois Pension Code but is 13 ineligible for the retirement annuity under Section 2-119 of 14 the Illinois Pension Code. However, a person who satisfies 15 the criteria of the foregoing definition of "employee" except 16 that such person is made ineligible to participate in the 17 State Universities Retirement System by clause (4) of 18 subsection (a) of Section 15-107 of the Illinois Pension Code 19 is also an "employee" for the purposes of this Act. 20 "Employee" also includes any person receiving or eligible for 21 benefits under a sick pay plan established in accordance with 22 Section 36 of the State Finance Act. "Employee" also includes 23 each officer or employee in the service of a qualified local 24 government, including persons appointed as trustees of 25 sanitary districts regardless of hours devoted to the service 26 of the sanitary district, and each employee in the service of 27 a qualified rehabilitation facility and each full-time 28 employee in the service of a qualified domestic violence 29 shelter or service, as determined according to rules 30 promulgated by the Director. 31 (l) "Member" means an employee, annuitant, retired 32 employee or survivor. 33 (m) "Optional coverages or benefits" means those 34 coverages or benefits available to the member on his or her SB1591 Engrossed -20- LRB9111045EGfg 1 voluntary election, and at his or her own expense. 2 (n) "Program" means the group life insurance, health 3 benefits and other employee benefits designed and contracted 4 for by the Director under this Act. 5 (o) "Health plan" means a health benefits program 6 offered by the State of Illinois for persons eligible for the 7 plan. 8 (p) "Retired employee" means any person who would be an 9 annuitant as that term is defined herein but for the fact 10 that such person retired prior to January 1, 1966. Such term 11 also includes any person formerly employed by the University 12 of Illinois in the Cooperative Extension Service who would be 13 an annuitant but for the fact that such person was made 14 ineligible to participate in the State Universities 15 Retirement System by clause (4) of subsection (a) of Section 16 15-107 of the Illinois Pension Code. 17 (q) "Survivor" means a person receiving an annuity as a 18 survivor of an employee or of an annuitant. "Survivor" also 19 includes: (1) the surviving dependent of a person who 20 satisfies the definition of "employee" except that such 21 person is made ineligible to participate in the State 22 Universities Retirement System by clause (4) of subsection 23 (a) of Section 15-107 of the Illinois Pension Code; and (2) 24 the surviving dependent of any person formerly employed by 25 the University of Illinois in the Cooperative Extension 26 Service who would be an annuitant except for the fact that 27 such person was made ineligible to participate in the State 28 Universities Retirement System by clause (4) of subsection 29 (a) of Section 15-107 of the Illinois Pension Code. 30 (q-5) "New SERS survivor" means a survivor, as defined 31 in subsection (q), whose annuity is paid under Article 14 of 32 the Illinois Pension Code and is based on the death of (i) an 33 employee whose death occurs on or after January 1, 1998, or 34 (ii) a new SERS annuitant as defined in subsection (b-5). SB1591 Engrossed -21- LRB9111045EGfg 1 (q-6) "New SURS survivor" means a survivor, as defined 2 in subsection (q), whose annuity is paid under Article 15 of 3 the Illinois Pension Code and is based on the death of (i) an 4 employee whose death occurs on or after January 1, 1998, or 5 (ii) a new SURS annuitant as defined in subsection (b-6). 6 (q-7) "New TRS State survivor" means a survivor, as 7 defined in subsection (q), whose annuity is paid under 8 Article 16 of the Illinois Pension Code and is based on the 9 death of (i) an employee who is a teacher as defined in 10 paragraph (2), (3), or (5) of Section 16-106 of that Code and 11 whose death occurs on or after July 1, 1998, or (ii) a new 12 TRS State annuitant as defined in subsection (b-7). 13 (r) "Medical services" means the services provided 14 within the scope of their licenses by practitioners in all 15 categories licensed under the Medical Practice Act of 1987. 16 (s) "Unit of local government" means any county, 17 municipality, township, school district, special district or 18 other unit, designated as a unit of local government by law, 19 which exercises limited governmental powers or powers in 20 respect to limited governmental subjects, any not-for-profit 21 association with a membership that primarily includes 22 townships and township officials, that has duties that 23 include provision of research service, dissemination of 24 information, and other acts for the purpose of improving 25 township government, and that is funded wholly or partly in 26 accordance with Section 85-15 of the Township Code; any 27 not-for-profit corporation or association, with a membership 28 consisting primarily of municipalities, that operates its own 29 utility system, and provides research, training, 30 dissemination of information, or other acts to promote 31 cooperation between and among municipalities that provide 32 utility services and for the advancement of the goals and 33 purposes of its membership; the Southern Illinois Collegiate 34 Common Market, which is a consortium of higher education SB1591 Engrossed -22- LRB9111045EGfg 1 institutions in Southern Illinois; and the Illinois 2 Association of Park Districts. "Qualified local government" 3 means a unit of local government approved by the Director and 4 participating in a program created under subsection (i) of 5 Section 10 of this Act. 6 (t) "Qualified rehabilitation facility" means any 7 not-for-profit organization that is accredited by the 8 Commission on Accreditation of Rehabilitation Facilities or 9 certified by the Department of Human Services (as successor 10 to the Department of Mental Health and Developmental 11 Disabilities) to provide services to persons with 12 disabilities and which receives funds from the State of 13 Illinois for providing those services, approved by the 14 Director and participating in a program created under 15 subsection (j) of Section 10 of this Act. 16 (u) "Qualified domestic violence shelter or service" 17 means any Illinois domestic violence shelter or service and 18 its administrative offices funded by the Department of Human 19 Services (as successor to the Illinois Department of Public 20 Aid), approved by the Director and participating in a program 21 created under subsection (k) of Section 10. 22 (v) "TRS benefit recipient" means a person who: 23 (1) is not a "member" as defined in this Section; 24 and 25 (2) is receiving a monthly benefit or retirement 26 annuity under Article 16 of the Illinois Pension Code; 27 and 28 (3) either (i) has at least 8 years of creditable 29 service under Article 16 of the Illinois Pension Code, or 30 (ii) was enrolled in the health insurance program offered 31 under that Article on January 1, 1996, or (iii) is the 32 survivor of a benefit recipient who had at least 8 years 33 of creditable service under Article 16 of the Illinois 34 Pension Code or was enrolled in the health insurance SB1591 Engrossed -23- LRB9111045EGfg 1 program offered under that Article on the effective date 2 of this amendatory Act of 1995, or (iv) is a recipient or 3 survivor of a recipient of a disability benefit under 4 Article 16 of the Illinois Pension Code. 5 (w) "TRS dependent beneficiary" means a person who: 6 (1) is not a "member" or "dependent" as defined in 7 this Section; and 8 (2) is a TRS benefit recipient's: (A) spouse, (B) 9 dependent parent who is receiving at least half of his or 10 her support from the TRS benefit recipient, or (C) 11 unmarried natural or adopted child who is (i) under age 12 19, or (ii) enrolled as a full-time student in an 13 accredited school, financially dependent upon the TRS 14 benefit recipient, eligible to be claimed as a dependent 15 for income tax purposes, and either is under age 24 or 16 was, on January 1, 1996, participating as a dependent 17 beneficiary in the health insurance program offered under 18 Article 16 of the Illinois Pension Code, or (iii) age 19 19 or over who is mentally or physically handicapped. 20 (x) "Military leave with pay and benefits" refers to 21 individuals in basic training for reserves, special/advanced 22 training, annual training, emergency call up, or activation 23 by the President of the United States with approved pay and 24 benefits. 25 (y) "Military leave without pay and benefits" refers to 26 individuals who enlist for active duty in a regular component 27 of the U.S. Armed Forces or other duty not specified or 28 authorized under military leave with pay and benefits. 29 (z) "Community college benefit recipient" means a person 30 who: 31 (1) is not a "member" as defined in this Section; 32 and 33 (2) is receiving a monthly survivor's annuity or 34 retirement annuity under Article 15 of the Illinois SB1591 Engrossed -24- LRB9111045EGfg 1 Pension Code; and 2 (3) either (i) was a full-time employee of a 3 community college district or an association of community 4 college boards created under the Public Community College 5 Act (other than an employee whose last employer under 6 Article 15 of the Illinois Pension Code was a community 7 college district subject to Article VII of the Public 8 Community College Act) and was eligible to participate in 9 a group health benefit plan as an employee during the 10 time of employment with a community college district 11 (other than a community college district subject to 12 Article VII of the Public Community College Act) or an 13 association of community college boards, or (ii) is the 14 survivor of a person described in item (i). 15 (aa) "Community college dependent beneficiary" means a 16 person who: 17 (1) is not a "member" or "dependent" as defined in 18 this Section; and 19 (2) is a community college benefit recipient's: (A) 20 spouse, (B) dependent parent who is receiving at least 21 half of his or her support from the community college 22 benefit recipient, or (C) unmarried natural or adopted 23 child who is (i) under age 19, or (ii) enrolled as a 24 full-time student in an accredited school, financially 25 dependent upon the community college benefit recipient, 26 eligible to be claimed as a dependent for income tax 27 purposes and under age 23, or (iii) age 19 or over and 28 mentally or physically handicapped. 29 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448, 30 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97; 31 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; 91-390, eff. 32 7-30-99; 91-395, eff. 7-30-99; 91-617, eff, 8-19-99; revised 33 10-19-99.) SB1591 Engrossed -25- LRB9111045EGfg 1 (5 ILCS 375/6.12) 2 Sec. 6.12. Payment for services. The program of health 3 benefits is subject to the provisions of Section 356z356yof 4 the Illinois Insurance Code. 5 (Source: P.A. 91-605, eff. 12-14-99; revised 10-18-99.) 6 (5 ILCS 375/6.13) 7 Sec. 6.13.6.12.Managed Care Reform and Patient Rights 8 Act. The program of health benefits is subject to the 9 provisions of the Managed Care Reform and Patient Rights Act, 10 except the fee for service program shall only be required to 11 comply with Section 85 and the definition of "emergency 12 medical condition" in Section 10 of the Managed Care Reform 13 and Patient Rights Act. 14 (Source: P.A. 91-617, eff. 8-19-99; revised 10-18-99.) 15 (5 ILCS 375/10) (from Ch. 127, par. 530) 16 Sec. 10. Payments by State; premiums. 17 (a) The State shall pay the cost of basic 18 non-contributory group life insurance and, subject to member 19 paid contributions set by the Department or required by this 20 Section, the basic program of group health benefits on each 21 eligible member, except a member, not otherwise covered by 22 this Act, who has retired as a participating member under 23 Article 2 of the Illinois Pension Code but is ineligible for 24 the retirement annuity under Section 2-119 of the Illinois 25 Pension Code, and part of each eligible member's and retired 26 member's premiums for health insurance coverage for enrolled 27 dependents as provided by Section 9. The State shall pay the 28 cost of the basic program of group health benefits only after 29 benefits are reduced by the amount of benefits covered by 30 Medicare for all members and dependents who are eligible for 31 benefits under Social Security or the Railroad Retirement 32 system or who had sufficient Medicare-covered government SB1591 Engrossed -26- LRB9111045EGfg 1 employment, except that such reduction in benefits shall 2 apply only to those members and dependents who (1) first 3 become eligible for such Medicare coverage on or after July 4 1, 1992; or (2) are Medicare-eligible members or dependents 5 of a local government unit which began participation in the 6 program on or after July 1, 1992; or (3) remain eligible for, 7 but no longer receive Medicare coverage which they had been 8 receiving on or after July 1, 1992. The Department may 9 determine the aggregate level of the State's contribution on 10 the basis of actual cost of medical services adjusted for 11 age, sex or geographic or other demographic characteristics 12 which affect the costs of such programs. 13 The cost of participation in the basic program of group 14 health benefits for the dependent or survivor of a living or 15 deceased retired employee who was formerly employed by the 16 University of Illinois in the Cooperative Extension Service 17 and would be an annuitant but for the fact that he or she was 18 made ineligible to participate in the State Universities 19 Retirement System by clause (4) of subsection (a) of Section 20 15-107 of the Illinois Pension Code shall not be greater than 21 the cost of participation that would otherwise apply to that 22 dependent or survivor if he or she were the dependent or 23 survivor of an annuitant under the State Universities 24 Retirement System. 25 (a-1) Beginning January 1, 1998, for each person who 26 becomes a new SERS annuitant and participates in the basic 27 program of group health benefits, the State shall contribute 28 toward the cost of the annuitant's coverage under the basic 29 program of group health benefits an amount equal to 5% of 30 that cost for each full year of creditable service upon which 31 the annuitant's retirement annuity is based, up to a maximum 32 of 100% for an annuitant with 20 or more years of creditable 33 service. The remainder of the cost of a new SERS annuitant's 34 coverage under the basic program of group health benefits SB1591 Engrossed -27- LRB9111045EGfg 1 shall be the responsibility of the annuitant. 2 (a-2) Beginning January 1, 1998, for each person who 3 becomes a new SERS survivor and participates in the basic 4 program of group health benefits, the State shall contribute 5 toward the cost of the survivor's coverage under the basic 6 program of group health benefits an amount equal to 5% of 7 that cost for each full year of the deceased employee's or 8 deceased annuitant's creditable service in the State 9 Employees' Retirement System of Illinois on the date of 10 death, up to a maximum of 100% for a survivor of an employee 11 or annuitant with 20 or more years of creditable service. 12 The remainder of the cost of the new SERS survivor's coverage 13 under the basic program of group health benefits shall be the 14 responsibility of the survivor. 15 (a-3) Beginning January 1, 1998, for each person who 16 becomes a new SURS annuitant and participates in the basic 17 program of group health benefits, the State shall contribute 18 toward the cost of the annuitant's coverage under the basic 19 program of group health benefits an amount equal to 5% of 20 that cost for each full year of creditable service upon which 21 the annuitant's retirement annuity is based, up to a maximum 22 of 100% for an annuitant with 20 or more years of creditable 23 service. The remainder of the cost of a new SURS annuitant's 24 coverage under the basic program of group health benefits 25 shall be the responsibility of the annuitant. 26 (a-4) (Blank). 27 (a-5) Beginning January 1, 1998, for each person who 28 becomes a new SURS survivor and participates in the basic 29 program of group health benefits, the State shall contribute 30 toward the cost of the survivor's coverage under the basic 31 program of group health benefits an amount equal to 5% of 32 that cost for each full year of the deceased employee's or 33 deceased annuitant's creditable service in the State 34 Universities Retirement System on the date of death, up to a SB1591 Engrossed -28- LRB9111045EGfg 1 maximum of 100% for a survivor of an employee or annuitant 2 with 20 or more years of creditable service. The remainder 3 of the cost of the new SURS survivor's coverage under the 4 basic program of group health benefits shall be the 5 responsibility of the survivor. 6 (a-6) Beginning July 1, 1998, for each person who 7 becomes a new TRS State annuitant and participates in the 8 basic program of group health benefits, the State shall 9 contribute toward the cost of the annuitant's coverage under 10 the basic program of group health benefits an amount equal to 11 5% of that cost for each full year of creditable service as a 12 teacher as defined in paragraph (2), (3), or (5) of Section 13 16-106 of the Illinois Pension Code upon which the 14 annuitant's retirement annuity is based, up to a maximum of 15 100%; except that the State contribution shall be 12.5% per 16 year (rather than 5%) for each full year of creditable 17 service as a regional superintendent or assistant regional 18 superintendent of schools. The remainder of the cost of a 19 new TRS State annuitant's coverage under the basic program of 20 group health benefits shall be the responsibility of the 21 annuitant. 22 (a-7) Beginning July 1, 1998, for each person who 23 becomes a new TRS State survivor and participates in the 24 basic program of group health benefits, the State shall 25 contribute toward the cost of the survivor's coverage under 26 the basic program of group health benefits an amount equal to 27 5% of that cost for each full year of the deceased employee's 28 or deceased annuitant's creditable service as a teacher as 29 defined in paragraph (2), (3), or (5) of Section 16-106 of 30 the Illinois Pension Code on the date of death, up to a 31 maximum of 100%; except that the State contribution shall be 32 12.5% per year (rather than 5%) for each full year of the 33 deceased employee's or deceased annuitant's creditable 34 service as a regional superintendent or assistant regional SB1591 Engrossed -29- LRB9111045EGfg 1 superintendent of schools. The remainder of the cost of the 2 new TRS State survivor's coverage under the basic program of 3 group health benefits shall be the responsibility of the 4 survivor. 5 (a-8) A new SERS annuitant, new SERS survivor, new SURS 6 annuitant, new SURS survivor, new TRS State annuitant, or new 7 TRS State survivor may waive or terminate coverage in the 8 program of group health benefits. Any such annuitant or 9 survivor who has waived or terminated coverage may enroll or 10 re-enroll in the program of group health benefits only during 11 the annual benefit choice period, as determined by the 12 Director; except that in the event of termination of coverage 13 due to nonpayment of premiums, the annuitant or survivor may 14 not re-enroll in the program. 15 (a-9) No later than May 1 of each calendar year, the 16 Director of Central Management Services shall certify in 17 writing to the Executive Secretary of the State Employees' 18 Retirement System of Illinois the amounts of the Medicare 19 supplement health care premiums and the amounts of the health 20 care premiums for all other retirees who are not Medicare 21 eligible. 22 A separate calculation of the premiums based upon the 23 actual cost of each health care plan shall be so certified. 24 The Director of Central Management Services shall provide 25 to the Executive Secretary of the State Employees' Retirement 26 System of Illinois such information, statistics, and other 27 data as he or she may require to review the premium amounts 28 certified by the Director of Central Management Services. 29 (b) State employees who become eligible for this program 30 on or after January 1, 1980 in positions normally requiring 31 actual performance of duty not less than 1/2 of a normal work 32 period but not equal to that of a normal work period, shall 33 be given the option of participating in the available 34 program. If the employee elects coverage, the State shall SB1591 Engrossed -30- LRB9111045EGfg 1 contribute on behalf of such employee to the cost of the 2 employee's benefit and any applicable dependent supplement, 3 that sum which bears the same percentage as that percentage 4 of time the employee regularly works when compared to normal 5 work period. 6 (c) The basic non-contributory coverage from the basic 7 program of group health benefits shall be continued for each 8 employee not in pay status or on active service by reason of 9 (1) leave of absence due to illness or injury, (2) authorized 10 educational leave of absence or sabbatical leave, or (3) 11 military leave with pay and benefits. This coverage shall 12 continue until expiration of authorized leave and return to 13 active service, but not to exceed 24 months for leaves under 14 item (1) or (2). This 24-month limitation and the requirement 15 of returning to active service shall not apply to persons 16 receiving ordinary or accidental disability benefits or 17 retirement benefits through the appropriate State retirement 18 system or benefits under the Workers' Compensation or 19 Occupational Disease Act. 20 (d) The basic group life insurance coverage shall 21 continue, with full State contribution, where such person is 22 (1) absent from active service by reason of disability 23 arising from any cause other than self-inflicted, (2) on 24 authorized educational leave of absence or sabbatical leave, 25 or (3) on military leave with pay and benefits. 26 (e) Where the person is in non-pay status for a period 27 in excess of 30 days or on leave of absence, other than by 28 reason of disability, educational or sabbatical leave, or 29 military leave with pay and benefits, such person may 30 continue coverage only by making personal payment equal to 31 the amount normally contributed by the State on such person's 32 behalf. Such payments and coverage may be continued: (1) 33 until such time as the person returns to a status eligible 34 for coverage at State expense, but not to exceed 24 months, SB1591 Engrossed -31- LRB9111045EGfg 1 (2) until such person's employment or annuitant status with 2 the State is terminated, or (3) for a maximum period of 4 3 years for members on military leave with pay and benefits and 4 military leave without pay and benefits (exclusive of any 5 additional service imposed pursuant to law). 6 (f) The Department shall establish by rule the extent 7 to which other employee benefits will continue for persons in 8 non-pay status or who are not in active service. 9 (g) The State shall not pay the cost of the basic 10 non-contributory group life insurance, program of health 11 benefits and other employee benefits for members who are 12 survivors as defined by paragraphs (1) and (2) of subsection 13 (q) of Section 3 of this Act. The costs of benefits for 14 these survivors shall be paid by the survivors or by the 15 University of Illinois Cooperative Extension Service, or any 16 combination thereof. However, the State shall pay the amount 17 of the reduction in the cost of participation, if any, 18 resulting from the amendment to subsection (a) made by this 19 amendatory Act of the 91st General Assembly. 20 (h) Those persons occupying positions with any 21 department as a result of emergency appointments pursuant to 22 Section 8b.8 of the Personnel Code who are not considered 23 employees under this Act shall be given the option of 24 participating in the programs of group life insurance, health 25 benefits and other employee benefits. Such persons electing 26 coverage may participate only by making payment equal to the 27 amount normally contributed by the State for similarly 28 situated employees. Such amounts shall be determined by the 29 Director. Such payments and coverage may be continued until 30 such time as the person becomes an employee pursuant to this 31 Act or such person's appointment is terminated. 32 (i) Any unit of local government within the State of 33 Illinois may apply to the Director to have its employees, 34 annuitants, and their dependents provided group health SB1591 Engrossed -32- LRB9111045EGfg 1 coverage under this Act on a non-insured basis. To 2 participate, a unit of local government must agree to enroll 3 all of its employees, who may select coverage under either 4 the State group health benefits plan or a health maintenance 5 organization that has contracted with the State to be 6 available as a health care provider for employees as defined 7 in this Act. A unit of local government must remit the 8 entire cost of providing coverage under the State group 9 health benefits plan or, for coverage under a health 10 maintenance organization, an amount determined by the 11 Director based on an analysis of the sex, age, geographic 12 location, or other relevant demographic variables for its 13 employees, except that the unit of local government shall not 14 be required to enroll those of its employees who are covered 15 spouses or dependents under this plan or another group policy 16 or plan providing health benefits as long as (1) an 17 appropriate official from the unit of local government 18 attests that each employee not enrolled is a covered spouse 19 or dependent under this plan or another group policy or plan, 20 and (2) at least 85% of the employees are enrolled and the 21 unit of local government remits the entire cost of providing 22 coverage to those employees, except that a participating 23 school district must have enrolled at least 85% of its 24 full-time employees who have not waived coverage under the 25 district's group health plan by participating in a component 26 of the district's cafeteria plan. A participating school 27 district is not required to enroll a full-time employee who 28 has waived coverage under the district's health plan, 29 provided that an appropriate official from the participating 30 school district attests that the full-time employee has 31 waived coverage by participating in a component of the 32 district's cafeteria plan. For the purposes of this 33 subsection, "participating school district" includes a unit 34 of local government whose primary purpose is education as SB1591 Engrossed -33- LRB9111045EGfg 1 defined by the Department's rules. 2 Employees of a participating unit of local government who 3 are not enrolled due to coverage under another group health 4 policy or plan may enroll in the event of a qualifying change 5 in status, special enrollment, special circumstance as 6 defined by the Director, or during the annual Benefit Choice 7 Period. A participating unit of local government may also 8 elect to cover its annuitants. Dependent coverage shall be 9 offered on an optional basis, with the costs paid by the unit 10 of local government, its employees, or some combination of 11 the two as determined by the unit of local government. The 12 unit of local government shall be responsible for timely 13 collection and transmission of dependent premiums. 14 The Director shall annually determine monthly rates of 15 payment, subject to the following constraints: 16 (1) In the first year of coverage, the rates shall 17 be equal to the amount normally charged to State 18 employees for elected optional coverages or for enrolled 19 dependents coverages or other contributory coverages, or 20 contributed by the State for basic insurance coverages on 21 behalf of its employees, adjusted for differences between 22 State employees and employees of the local government in 23 age, sex, geographic location or other relevant 24 demographic variables, plus an amount sufficient to pay 25 for the additional administrative costs of providing 26 coverage to employees of the unit of local government and 27 their dependents. 28 (2) In subsequent years, a further adjustment shall 29 be made to reflect the actual prior years' claims 30 experience of the employees of the unit of local 31 government. 32 In the case of coverage of local government employees 33 under a health maintenance organization, the Director shall 34 annually determine for each participating unit of local SB1591 Engrossed -34- LRB9111045EGfg 1 government the maximum monthly amount the unit may contribute 2 toward that coverage, based on an analysis of (i) the age, 3 sex, geographic location, and other relevant demographic 4 variables of the unit's employees and (ii) the cost to cover 5 those employees under the State group health benefits plan. 6 The Director may similarly determine the maximum monthly 7 amount each unit of local government may contribute toward 8 coverage of its employees' dependents under a health 9 maintenance organization. 10 Monthly payments by the unit of local government or its 11 employees for group health benefits plan or health 12 maintenance organization coverage shall be deposited in the 13 Local Government Health Insurance Reserve Fund. The Local 14 Government Health Insurance Reserve Fund shall be a 15 continuing fund not subject to fiscal year limitations. All 16 expenditures from this fund shall be used for payments for 17 health care benefits for local government and rehabilitation 18 facility employees, annuitants, and dependents, and to 19 reimburse the Department or its administrative service 20 organization for all expenses incurred in the administration 21 of benefits. No other State funds may be used for these 22 purposes. 23 A local government employer's participation or desire to 24 participate in a program created under this subsection shall 25 not limit that employer's duty to bargain with the 26 representative of any collective bargaining unit of its 27 employees. 28 (j) Any rehabilitation facility within the State of 29 Illinois may apply to the Director to have its employees, 30 annuitants, and their eligible dependents provided group 31 health coverage under this Act on a non-insured basis. To 32 participate, a rehabilitation facility must agree to enroll 33 all of its employees and remit the entire cost of providing 34 such coverage for its employees, except that the SB1591 Engrossed -35- LRB9111045EGfg 1 rehabilitation facility shall not be required to enroll those 2 of its employees who are covered spouses or dependents under 3 this plan or another group policy or plan providing health 4 benefits as long as (1) an appropriate official from the 5 rehabilitation facility attests that each employee not 6 enrolled is a covered spouse or dependent under this plan or 7 another group policy or plan, and (2) at least 85% of the 8 employees are enrolled and the rehabilitation facility remits 9 the entire cost of providing coverage to those employees. 10 Employees of a participating rehabilitation facility who are 11 not enrolled due to coverage under another group health 12 policy or plan may enroll in the event of a qualifying change 13 in status, special enrollment, special circumstance as 14 defined by the Director, or during the annual Benefit Choice 15 Period. A participating rehabilitation facility may also 16 elect to cover its annuitants. Dependent coverage shall be 17 offered on an optional basis, with the costs paid by the 18 rehabilitation facility, its employees, or some combination 19 of the 2 as determined by the rehabilitation facility. The 20 rehabilitation facility shall be responsible for timely 21 collection and transmission of dependent premiums. 22 The Director shall annually determine quarterly rates of 23 payment, subject to the following constraints: 24 (1) In the first year of coverage, the rates shall 25 be equal to the amount normally charged to State 26 employees for elected optional coverages or for enrolled 27 dependents coverages or other contributory coverages on 28 behalf of its employees, adjusted for differences between 29 State employees and employees of the rehabilitation 30 facility in age, sex, geographic location or other 31 relevant demographic variables, plus an amount sufficient 32 to pay for the additional administrative costs of 33 providing coverage to employees of the rehabilitation 34 facility and their dependents. SB1591 Engrossed -36- LRB9111045EGfg 1 (2) In subsequent years, a further adjustment shall 2 be made to reflect the actual prior years' claims 3 experience of the employees of the rehabilitation 4 facility. 5 Monthly payments by the rehabilitation facility or its 6 employees for group health benefits shall be deposited in the 7 Local Government Health Insurance Reserve Fund. 8 (k) Any domestic violence shelter or service within the 9 State of Illinois may apply to the Director to have its 10 employees, annuitants, and their dependents provided group 11 health coverage under this Act on a non-insured basis. To 12 participate, a domestic violence shelter or service must 13 agree to enroll all of its employees and pay the entire cost 14 of providing such coverage for its employees. A 15 participating domestic violence shelter may also elect to 16 cover its annuitants. Dependent coverage shall be offered on 17 an optional basis, with employees, or some combination of the 18 2 as determined by the domestic violence shelter or service. 19 The domestic violence shelter or service shall be responsible 20 for timely collection and transmission of dependent premiums. 21 The Director shall annually determine rates of payment, 22 subject to the following constraints: 23 (1) In the first year of coverage, the rates shall 24 be equal to the amount normally charged to State 25 employees for elected optional coverages or for enrolled 26 dependents coverages or other contributory coverages on 27 behalf of its employees, adjusted for differences between 28 State employees and employees of the domestic violence 29 shelter or service in age, sex, geographic location or 30 other relevant demographic variables, plus an amount 31 sufficient to pay for the additional administrative costs 32 of providing coverage to employees of the domestic 33 violence shelter or service and their dependents. 34 (2) In subsequent years, a further adjustment shall SB1591 Engrossed -37- LRB9111045EGfg 1 be made to reflect the actual prior years' claims 2 experience of the employees of the domestic violence 3 shelter or service. 4 Monthly payments by the domestic violence shelter or 5 service or its employees for group health insurance shall be 6 deposited in the Local Government Health Insurance Reserve 7 Fund. 8 (l) A public community college or entity organized 9 pursuant to the Public Community College Act may apply to the 10 Director initially to have only annuitants not covered prior 11 to July 1, 1992 by the district's health plan provided health 12 coverage under this Act on a non-insured basis. The 13 community college must execute a 2-year contract to 14 participate in the Local Government Health Plan. Any 15 annuitant may enroll in the event of a qualifying change in 16 status, special enrollment, special circumstance as defined 17 by the Director, or during the annual Benefit Choice Period. 18 The Director shall annually determine monthly rates of 19 payment subject to the following constraints: for those 20 community colleges with annuitants only enrolled, first year 21 rates shall be equal to the average cost to cover claims for 22 a State member adjusted for demographics, Medicare 23 participation, and other factors; and in the second year, a 24 further adjustment of rates shall be made to reflect the 25 actual first year's claims experience of the covered 26 annuitants. 27 (l-5) The provisions of subsection (l) become 28 inoperative on July 1, 1999. 29 (m) The Director shall adopt any rules deemed necessary 30 for implementation of this amendatory Act of 1989 (Public Act 31 86-978). 32 (Source: P.A. 90-65, eff. 7-7-97; 90-582, eff. 5-27-98; 33 90-655, eff. 7-30-98; 91-280, eff. 7-23-99; 91-311; eff. 34 7-29-99; 91-357, eff. 7-29-99; 91-390, eff. 7-30-99; 91-395, SB1591 Engrossed -38- LRB9111045EGfg 1 eff. 7-30-99; 91-617, eff. 8-19-99; revised 8-31-99.) 2 Section 10. The Election Code is amended by changing 3 Section 7-10 as follows: 4 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10) 5 Sec. 7-10. Form of petition for nomination. The name of 6 no candidate for nomination, or State central committeeman, 7 or township committeeman, or precinct committeeman, or ward 8 committeeman or candidate for delegate or alternate delegate 9 to national nominating conventions, shall be printed upon the 10 primary ballot unless a petition for nomination has been 11 filed in his behalf as provided in this Article in 12 substantially the following form: 13 We, the undersigned, members of and affiliated with the 14 .... party and qualified primary electors of the .... party, 15 in the .... of ...., in the county of .... and State of 16 Illinois, do hereby petition that the following named person 17 or persons shall be a candidate or candidates of the .... 18 party for the nomination for (or in case of committeemen for 19 election to) the office or offices hereinafter specified, to 20 be voted for at the primary election to be held on (insert 21 date). 22 Name Office Address 23 John Jones Governor Belvidere, Ill. 24 Thomas Smith Attorney General Oakland, Ill. 25 Name.................. Address....................... 26 State of Illinois) 27 ) ss. 28 County of........) 29 I, ...., do hereby certify that I am a registered voter 30 and have been a registered voter at all times I have 31 circulated this petition, that I reside at No. .... street, 32 in the .... of ...., county of ...., and State of Illinois, SB1591 Engrossed -39- LRB9111045EGfg 1 and that the signatures on this sheet were signed in my 2 presence, and are genuine, and that to the best of my 3 knowledge and belief the persons so signing were at the time 4 of signing the petitions qualified voters of the .... party, 5 and that their respective residences are correctly stated, as 6 above set forth. 7 ......................... 8 Subscribed and sworn to before me on (insert date). 9 ......................... 10 Each sheet of the petition other than the statement of 11 candidacy and candidate's statement shall be of uniform size 12 and shall contain above the space for signatures an 13 appropriate heading giving the information as to name of 14 candidate or candidates, in whose behalf such petition is 15 signed; the office, the political party represented and place 16 of residence; and the heading of each sheet shall be the 17 same. 18 Such petition shall be signed by qualified primary 19 electors residing in the political division for which the 20 nomination is sought in their own proper persons only and 21 opposite the signature of each signer, his residence address 22 shall be written or printed. The residence address required 23 to be written or printed opposite each qualified primary 24 elector's name shall include the street address or rural 25 route number of the signer, as the case may be, as well as 26 the signer's county, and city, village or town, and state. 27 However the county or city, village or town, and state of 28 residence of the electors may be printed on the petition 29 forms where all of the electors signing the petition reside 30 in the same county or city, village or town, and state. 31 Standard abbreviations may be used in writing the residence 32 address, including street number, if any. At the bottom of 33 each sheet of such petition shall be added a statement signed 34 by a registered voter of the political division, who has been SB1591 Engrossed -40- LRB9111045EGfg 1 a registered voter at all times he or she circulated the 2 petition, for which the candidate is seeking a nomination, 3 stating the street address or rural route number of the 4 voter, as the case may be, as well as the voter's county, and 5 city, village or town, and state; and certifying that the 6 signatures on that sheet of the petition were signed in his 7 presence; and either (1) indicating the dates on which that 8 sheet was circulated, or (2) indicating the first and last 9 dates on which the sheet was circulated, or (3) certifying 10 that none of the signatures on the sheet were signed more 11 than 90 days preceding the last day for the filing of the 12 petition, or more than 45 days preceding the last day for 13 filing of the petition in the case of political party and 14 independent candidates for single or multi-county regional 15 superintendents of schools in the 1994 general primary 16 election; and certifying that the signatures on the sheet are 17 genuine, and certifying that to the best of his knowledge 18 and belief the persons so signing were at the time of signing 19 the petitions qualified voters of the political party for 20 which a nomination is sought. Such statement shall be sworn 21 to before some officer authorized to administer oaths in this 22 State. 23 No petition sheet shall be circulated more than 90 days 24 preceding the last day provided in Section 7-12 for the 25 filing of such petition, or more than 45 days preceding the 26 last day for filing of the petition in the case of political 27 party and independent candidates for single or multi-county 28 regional superintendents of schools in the 1994 general 29 primary election. 30 The person circulating the petition, or the candidate on 31 whose behalf the petition is circulated, may strike any 32 signature from the petition, provided that:;33 (1) the person striking the signature shall initial 34 the petition at the place where the signature is struck; SB1591 Engrossed -41- LRB9111045EGfg 1 and 2 (2) the person striking the signature shall sign a 3 certification listing the page number and line number of 4 each signature struck from the petition. Such 5 certification shall be filed as a part of the petition. 6 Such sheets before being filed shall be neatly fastened 7 together in book form, by placing the sheets in a pile and 8 fastening them together at one edge in a secure and suitable 9 manner, and the sheets shall then be numbered consecutively. 10 The sheets shall not be fastened by pasting them together end 11 to end, so as to form a continuous strip or roll. All 12 petition sheets which are filed with the proper local 13 election officials, election authorities or the State Board 14 of Elections shall be the original sheets which have been 15 signed by the voters and by the circulator thereof, and not 16 photocopies or duplicates of such sheets. Each petition must 17 include as a part thereof, a statement of candidacy for each 18 of the candidates filing, or in whose behalf the petition is 19 filed. This statement shall set out the address of such 20 candidate, the office for which he is a candidate, shall 21 state that the candidate is a qualified primary voter of the 22 party to which the petition relates and is qualified for the 23 office specified (in the case of a candidate for State's 24 Attorney it shall state that the candidate is at the time of 25 filing such statement a licensed attorney-at-law of this 26 State), shall state that he has filed (or will file before 27 the close of the petition filing period) a statement of 28 economic interests as required by the Illinois Governmental 29 Ethics Act, shall request that the candidate's name be placed 30 upon the official ballot, and shall be subscribed and sworn 31 to by such candidate before some officer authorized to take 32 acknowledgment of deeds in the State and shall be in 33 substantially the following form: 34 Statement of Candidacy SB1591 Engrossed -42- LRB9111045EGfg 1 Name Address Office District Party 2 John Jones 102 Main St. Governor Statewide Republican 3 Belvidere, 4 Illinois 5 State of Illinois) 6 ) ss. 7 County of .......) 8 I, ...., being first duly sworn, say that I reside at 9 .... Street in the city (or village) of ...., in the county 10 of ...., State of Illinois; that I am a qualified voter 11 therein and am a qualified primary voter of the .... party; 12 that I am a candidate for nomination (for election in the 13 case of committeeman and delegates and alternate delegates) 14 to the office of .... to be voted upon at the primary 15 election to be held on (insert date); that I am legally 16 qualified (including being the holder of any license that may 17 be an eligibility requirement for the office I seek the 18 nomination for) to hold such office and that I have filed (or 19 I will file before the close of the petition filing period) a 20 statement of economic interests as required by the Illinois 21 Governmental Ethics Act and I hereby request that my name be 22 printed upon the official primary ballot for nomination for 23 (or election to in the case of committeemen and delegates and 24 alternate delegates) such office. 25 Signed ...................... 26 Subscribed and sworn to (or affirmed) before me by ...., 27 who is to me personally known, on (insert date). 28 Signed .................... 29 (Official Character) 30 (Seal, if officer has one.) 31 The petitions, when filed, shall not be withdrawn or 32 added to, and no signatures shall be revoked except by 33 revocation filed in writing with the State Board of SB1591 Engrossed -43- LRB9111045EGfg 1 Elections, election authority or local election official with 2 whom the petition is required to be filed, and before the 3 filing of such petition. Whoever forges the name of a signer 4 upon any petition required by this Article is deemed guilty 5 of a forgery and on conviction thereof shall be punished 6 accordingly. 7 Petitions of candidates for nomination for offices herein 8 specified, to be filed with the same officer, may contain the 9 names of 2 or more candidates of the same political party for 10 the same or different offices. 11 Such petitions for nominations shall be signed: 12 (a) If for a State office, or for delegate or 13 alternate delegate to be elected from the State at large 14 to a National nominating convention by not less than 15 5,000 nor more than 10,000 primary electors of his party. 16 (b) If for a congressional officer or for delegate 17 or alternate delegate to be elected from a congressional 18 district to a national nominating convention by at least 19 .5% of the qualified primary electors of his party in his 20 congressional district, except that for the first primary 21 following a redistricting of congressional districts such 22 petitions shall be signed by at least 600 qualified 23 primary electors of the candidate's party in his 24 congressional district. 25 (c) If for a county office (including county board 26 member and chairman of the county board where elected 27 from the county at large), by at least .5% of the 28 qualified electors of his party cast at the last 29 preceding general election in his county. However, if 30 for the nomination for county commissioner of Cook 31 County, then by at least .5% of the qualified primary 32 electors of his or her party in his or her county in the 33 district or division in which such person is a candidate 34 for nomination; and if for county board member from a SB1591 Engrossed -44- LRB9111045EGfg 1 county board district, then by at least .5% of the 2 qualified primary electors of his party in the county 3 board district. In the case of an election for county 4 board member to be elected from a district, for the first 5 primary following a redistricting of county board 6 districts or the initial establishment of county board 7 districts, then by at least .5% of the qualified electors 8 of his party in the entire county at the last preceding 9 general election, divided by the number of county board 10 districts, but in any event not less than 25 qualified 11 primary electors of his party in the district. 12 (d) If for a municipal or township office by at 13 least .5% of the qualified primary electors of his party 14 in the municipality or township; if for alderman, by at 15 least .5% of the voters of his party of his ward. In the 16 case of an election for alderman or trustee of a 17 municipality to be elected from a ward or district, for 18 the first primary following a redistricting or the 19 initial establishment of wards or districts, then by .5% 20 of the total number of votes cast for the candidate of 21 such political party who received the highest number of 22 votes in the entire municipality at the last regular 23 election at which an officer was regularly scheduled to 24 be elected from the entire municipality, divided by the 25 number of wards or districts, but in any event not less 26 than 25 qualified primary electors of his party in the 27 ward or district. 28 (e) If for State central committeeman, by at least 29 100 of the primary electors of his or her party of his or 30 her congressional district. 31 (f) If for a candidate for trustee of a sanitary 32 district in which trustees are not elected from wards, by 33 at least .5% of the primary electors of his party, from 34 such sanitary district. SB1591 Engrossed -45- LRB9111045EGfg 1 (g) If for a candidate for trustee of a sanitary 2 district in which the trustees are elected from wards, by 3 at least .5% of the primary electors of his party in his 4 ward of such sanitary district, except that for the first 5 primary following a reapportionment of the district such 6 petitions shall be signed by at least 150 qualified 7 primary electors of the candidate's ward of such sanitary 8 district. 9 (h) IfThe number of signatures requiredfor a 10 candidate for judicial office in a district, circuit, or 11 subcircuit, by a number of primary electors at least 12 equal toshall be0.25% of the number of votes cast for 13 the judicial candidate of his or her political party who 14 received the highest number of votes at the last regular 15 general election at which a judicial officer from the 16 same district, circuit, or subcircuit was regularly 17 scheduled to be elected, but in no event fewershall be18lessthan 500signatures. 19 (i) If for a candidate for precinct committeeman, 20 by at least 10 primary electors of his or her party of 21 his or her precinct; if for a candidate for ward 22 committeeman, by not less than 10% nor more than 16% (or 23 50 more than the minimum, whichever is greater) of the 24 primary electors of his party of his ward; if for a 25 candidate for township committeeman, by not less than 5% 26 nor more than 8% (or 50 more than the minimum, whichever 27 is greater) of the primary electors of his party in his 28 township or part of a township as the case may be. 29 (j) If for a candidate for State's Attorney or 30 Regional Superintendent of Schools to serve 2 or more 31 counties, by at least .5% of the primary electors of his 32 party in the territory comprising such counties. 33 (k) If for any other office by at least .5% of the 34 total number of registered voters of the political SB1591 Engrossed -46- LRB9111045EGfg 1 subdivision, district or division for which the 2 nomination is made or a minimum of 25, whichever is 3 greater. 4 For the purposes of this Section the number of primary 5 electors shall be determined by taking the total vote cast, 6 in the applicable district, for the candidate for such 7 political party who received the highest number of votes, 8 state-wide, at the last general election in the State at 9 which electors for President of the United States were 10 elected. For political subdivisions, the number of primary 11 electors shall be determined by taking the total vote cast 12 for the candidate for such political party who received the 13 highest number of votes in such political subdivision at the 14 last regular election at which an officer was regularly 15 scheduled to be elected from that subdivision. For wards or 16 districts of political subdivisions, the number of primary 17 electors shall be determined by taking the total vote cast 18 for the candidate for such political party who received the 19 highest number of votes in such ward or district at the last 20 regular election at which an officer was regularly scheduled 21 to be elected from that ward or district. 22 A "qualified primary elector" of a party may not sign 23 petitions for or be a candidate in the primary of more than 24 one party. 25 (Source: P.A. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99; 26 91-358, eff. 7-29-99; revised 8-17-99.) 27 Section 11. The Civil Administrative Code of Illinois is 28 amended by changing the heading to Article 1, adding Section 29 1-2 and changing Sections 1-5, 5-300, 5-310, 5-315, 5-320, 30 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360, 31 5-365, 5-370, 5-375, 5-385, 5-390, 5-395, 5-400, 5-405, 32 5-410, 5-415, 5-420, 5-525, and 5-550 as follows: SB1591 Engrossed -47- LRB9111045EGfg 1 (20 ILCS 5/Art. 1 heading) 2 ARTICLE 1.SHORT TITLE ANDGENERAL PROVISIONS 3 (20 ILCS 5/1-2 new) 4 Sec. 1-2. Article short title. This Article may be cited 5 as the General Provisions Article of the Civil Administrative 6 Code of Illinois. 7 (20 ILCS 5/1-5) 8 Sec. 1-5. Articles. The Civil Administrative Code of 9 Illinois consists of the following Articles: 10 Article 1.Short title andGeneral Provisions (20 ILCS 11 5/1-1 and following). 12 Article 5. Departments of State Government Law (20 ILCS 13 5/5-1 and following). 14 Article 50. State Budget Law (15 ILCS 20/50/). 15 Article 110. Department on Aging Law (20 ILCS 110/). 16 Article 205. Department of Agriculture Law (20 ILCS 17 205/). 18 Article 250. State Fair Grounds Title Law (5 ILCS 620/ 19250/). 20 Article 310. Department of Human Services (Alcoholism and 21 Substance Abuse) Law (20 ILCS 310/). 22 Article 405. Department of Central Management Services 23 Law (20 ILCS 405/). 24 Article 510. Department of Children and Family Services 25 Powers Law (20 ILCS 510/). 26 Article 605. Department of Commerce and Community Affairs 27 Law (20 ILCS 605/). 28 Article 805. Department of Natural Resources 29 (Conservation) Law (20 ILCS 805/). 30 Article 1005. Department of Employment Security Law (20 31 ILCS 1005/). 32 Article 1405. Department of Insurance Law (20 ILCS SB1591 Engrossed -48- LRB9111045EGfg 1 1405/). 2 Article 1505. Department of Labor Law (20 ILCS 1505/). 3 Article 1710. Department of Human Services (Mental Health 4 and Developmental Disabilities) Law (20 ILCS 1710/). 5 Article 1905. Department of Natural Resources (Mines and 6 Minerals) Law (20 ILCS 1905/). 7 Article 2005. Department of Nuclear Safety Law (20 ILCS 8 2005/). 9 Article 2105. Department of Professional Regulation Law 10 (20 ILCS 2105/). 11 Article 2205. Department of Public Aid Law (20 ILCS 12 2205/). 13 Article 2310. Department of Public Health Powers and 14 Duties Law (20 ILCS 2310/). 15 Article 2505. Department of Revenue Law (20 ILCS 2505/). 16 Article 2605. Department of State Police Law (20 ILCS 17 2605/). 18 Article 2705. Department of Transportation Law (20 ILCS 19 2705/). 20 Article 3000. University of Illinois Exercise of 21 Functions and Duties Law (110 ILCS 355/). 22 (Source: P.A. 91-239, eff. 1-1-00; revised 7-27-99.) 23 (20 ILCS 5/5-300) (was 20 ILCS 5/9) 24 Sec. 5-300. Officers' qualifications and salaries. The 25 executive and administrative officers, whose offices are 26 created by this Act, must have the qualifications prescribed 27 by law and shall receive annual salaries, payable in equal 28 monthly installments, as designated in the Sections following 29 this Section and preceding Section 5-5009.31. If set by the 30 Governor, those annual salaries may not exceed 85% of the 31 Governor's annual salary. 32 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 33 revised 8-2-99.) SB1591 Engrossed -49- LRB9111045EGfg 1 (20 ILCS 5/5-310) (was 20 ILCS 5/9.21) 2 Sec. 5-310. In the Department on Aging. The Director of 3 Aging shall receive an annual salary as set by the Governor 4 from time to time or as set by the Compensation Review Board, 5 whichever is greater. 6 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 7 revised 8-1-99.) 8 (20 ILCS 5/5-315) (was 20 ILCS 5/9.02) 9 Sec. 5-315. In the Department of Agriculture. The 10 Director of Agriculture shall receive an annual salary as set 11 by the Governor from time to time or as set by the 12 Compensation Review Board, whichever is greater. 13 The Assistant Director of Agriculture shall receive an 14 annual salary as set by the Governor from time to time or as 15 set by the Compensation Review Board, whichever is greater. 16 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 17 revised 8-1-99.) 18 (20 ILCS 5/5-320) (was 20 ILCS 5/9.19) 19 Sec. 5-320. In the Department of Central Management 20 Services. The Director of Central Management Services shall 21 receive an annual salary as set by the Governor from time to 22 time or an amount set by the Compensation Review Board, 23 whichever is greater. 24 Each Assistant Director of Central Management Services 25 shall receive an annual salary as set by the Governor from 26 time to time or an amount set by the Compensation Review 27 Board, whichever is greater. 28 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 29 revised 8-1-99.) 30 (20 ILCS 5/5-325) (was 20 ILCS 5/9.16) 31 Sec. 5-325. In the Department of Children and Family SB1591 Engrossed -50- LRB9111045EGfg 1 Services. The Director of Children and Family Services shall 2 receive an annual salary as set by the Governor from time to 3 time or as set by the Compensation Review Board, whichever is 4 greater. 5 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 6 revised 8-1-99.) 7 (20 ILCS 5/5-330) (was 20 ILCS 5/9.18) 8 Sec. 5-330. In the Department of Commerce and Community 9 Affairs. The Director of Commerce and Community Affairs 10 shall receive an annual salary as set by the Governor from 11 time to time or as set by the Compensation Review Board, 12 whichever is greater. 13 The Assistant Director of Commerce and Community Affairs 14 shall receive an annual salary as set by the Governor from 15 time to time or as set by the Compensation Review Board, 16 whichever is greater. 17 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 18 revised 8-1-99.) 19 (20 ILCS 5/5-335) (was 20 ILCS 5/9.11a) 20 Sec. 5-335. In the Department of Corrections. The 21 Director of Corrections shall receive an annual salary as set 22 by the Governor from time to time or as set by the 23 Compensation Review Board, whichever is greater. 24 The Assistant Director of Corrections - Juvenile Division 25 shall receive an annual salary as set by the Governor from 26 time to time or as set by the Compensation Review Board, 27 whichever is greater. 28 The Assistant Director of Corrections - Adult Division 29 shall receive an annual salary as set by the Governor from 30 time to time or as set by the Compensation Review Board, 31 whichever is greater. 32 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; SB1591 Engrossed -51- LRB9111045EGfg 1 revised 8-1-99.) 2 (20 ILCS 5/5-340) (was 20 ILCS 5/9.30) 3 Sec. 5-340. In the Department of Employment Security. 4 The Director of Employment Security shall receive an annual 5 salary of as set by the Governor from time to time or an 6 amount set by the Compensation Review Board, whichever is 7 greater. 8 Each member of the Board of Review shall receive $15,000. 9 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 10 revised 8-1-99.) 11 (20 ILCS 5/5-345) (was 20 ILCS 5/9.15) 12 Sec. 5-345. In the Department of Financial Institutions. 13 The Director of Financial Institutions shall receive an 14 annual salary as set by the Governor from time to time or as 15 set by the Compensation Review Board, whichever is greater. 16 The Assistant Director of Financial Institutions shall 17 receive an annual salary as set by the Governor from time to 18 time or as set by the Compensation Review Board, whichever is 19 greater. 20 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 21 revised 8-1-99.) 22 (20 ILCS 5/5-350) (was 20 ILCS 5/9.24) 23 Sec. 5-350. In the Department of Human Rights. The 24 Director of Human Rights shall receive an annual salary as 25 set by the Governor from time to time or as set by the 26 Compensation Review Board, whichever is greater. 27 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 28 revised 8-1-99.) 29 (20 ILCS 5/5-355) (was 20 ILCS 5/9.05a) 30 Sec. 5-355. In the Department of Human Services. The SB1591 Engrossed -52- LRB9111045EGfg 1 Secretary of Human Services shall receive an annual salary as 2 set by the Governor from time to time5-335 Lawor such other 3 amount as may be set by the Compensation Review Board, 4 whichever is greater. 5 The Assistant Secretaries of Human Services shall each 6 receive an annual salary as set by the Governor from time to 7 time5-395 Lawor such other amount as may be set by the 8 Compensation Review Board, whichever is greater. 9 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 10 revised 8-1-99.) 11 (20 ILCS 5/5-360) (was 20 ILCS 5/9.10) 12 Sec. 5-360. In the Department of Insurance. The Director 13 of Insurance shall receive an annual salary as set by the 14 Governor from time to time or as set by the Compensation 15 Review Board, whichever is greater. 16 The Assistant Director of Insurance shall receive an 17 annual salary as set by the Governor from time to time or as 18 set by the Compensation Review Board, whichever is greater. 19 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 20 revised 8-1-99.) 21 (20 ILCS 5/5-365) (was 20 ILCS 5/9.03) 22 Sec. 5-365. In the Department of Labor. The Director of 23 Labor shall receive an annual salary as set by the Governor 24 from time to time or as set by the Compensation Review Board, 25 whichever is greater. 26 The Assistant Director of Labor shall receive an annual 27 salary as set by the Governor from time to time or as set by 28 the Compensation Review Board, whichever is greater. 29 The Chief Factory Inspector shall receive $24,700 from 30 the third Monday in January, 1979 to the third Monday in 31 January, 1980, and $25,000 thereafter, or as set by the 32 Compensation Review Board, whichever is greater. SB1591 Engrossed -53- LRB9111045EGfg 1 The Superintendent of Safety Inspection and Education 2 shall receive $27,500, or as set by the Compensation Review 3 Board, whichever is greater. 4 The Superintendent of Women's and Children's Employment 5 shall receive $22,000 from the third Monday in January, 1979 6 to the third Monday in January, 1980, and $22,500 thereafter, 7 or as set by the Compensation Review Board, whichever is 8 greater. 9 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 10 revised 8-1-99.) 11 (20 ILCS 5/5-370) (was 20 ILCS 5/9.31) 12 Sec. 5-370. In the Department of the Lottery. The 13 Director of the Lottery shall receive an annual salary as set 14 by the Governor from time to time or an amount set by the 15 Compensation Review Board, whichever is greater. 16 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 17 revised 8-1-99.) 18 (20 ILCS 5/5-375) (was 20 ILCS 5/9.09) 19 Sec. 5-375. In the Department of Natural Resources. The 20 Director of Natural Resources shall continue to receive the 21 annual salary set by law for the Director of Conservation 22 until January 20, 1997. Beginning on that date, the Director 23 of Natural Resources shall receive an annual salary as set by 24 the Governor from time to time or the amount set by the 25 Compensation Review Board, whichever is greater. 26 The Assistant Director of Natural Resources shall 27 continue to receive the annual salary set by law for the 28 Assistant Director of Conservation until January 20, 1997. 29 Beginning on that date, the Assistant Director of Natural 30 Resources shall receive an annual salary as set by the 31 Governor from time to time or the amount set by the 32 Compensation Review Board, whichever is greater. SB1591 Engrossed -54- LRB9111045EGfg 1 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 2 revised 8-1-99.) 3 (20 ILCS 5/5-385) (was 20 ILCS 5/9.25) 4 Sec. 5-385. In the Department of Nuclear Safety. The 5 Director of Nuclear Safety shall receive an annual salary as 6 set by the Governor from time to time or as set by the 7 Compensation Review Board, whichever is greater. 8 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 9 revised 8-1-99.) 10 (20 ILCS 5/5-390) (was 20 ILCS 5/9.08) 11 Sec. 5-390. In the Department of Professional Regulation. 12 The Director of Professional Regulation shall receive an 13 annual salary as set by the Governor from time to time or as 14 set by the Compensation Review Board, whichever is greater. 15 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 16 revised 8-1-99.) 17 (20 ILCS 5/5-395) (was 20 ILCS 5/9.17) 18 Sec. 5-395. In the Department of Public Aid. The 19 Director of Public Aid shall receive an annual salary as set 20 by the Governor from time to time or as set by the 21 Compensation Review Board, whichever is greater. 22 The Assistant Director of Public Aid shall receive an 23 annual salary as set by the Governor from time to time or as 24 set by the Compensation Review Board, whichever is greater. 25 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 26 revised 8-1-99.) 27 (20 ILCS 5/5-400) (was 20 ILCS 5/9.07) 28 Sec. 5-400. In the Department of Public Health. The 29 Director of Public Health shall receive an annual salary as 30 set by the Governor from time to time or as set by the SB1591 Engrossed -55- LRB9111045EGfg 1 Compensation Review Board, whichever is greater. 2 The Assistant Director of Public Health shall receive an 3 annual salary as set by the Governor from time to time or as 4 set by the Compensation Review Board, whichever is greater. 5 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 6 revised 8-1-99.) 7 (20 ILCS 5/5-405) (was 20 ILCS 5/9.12) 8 Sec. 5-405. In the Department of Revenue. The Director 9 of Revenue shall receive an annual salary as set by the 10 Governor from time to time or as set by the Compensation 11 Review Board, whichever is greater. 12 The Assistant Director of Revenue shall receive an annual 13 salary as set by the Governor from time to time or as set by 14 the Compensation Review Board, whichever is greater. 15 Beginning July 1, 1990, the annual salary of the Taxpayer 16 Ombudsman shall be the greater of an amount set by the 17 Compensation Review Board or $69,000, adjusted each July 1 18 thereafter by a percentage increase equivalent to that of the 19 "Employment Cost Index, Wages and Salaries, By Occupation and 20 Industry Groups: State and Local Government Workers: Public 21 Administration" as published by the Bureau of Labor 22 Statistics of the U.S. Department of Labor for the calendar 23 year immediately preceding the year of the respective July 24 1st increase date, the increase to be no less than zero nor 25 greater than 5% and to be added to the then current annual 26 salary. 27 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 28 revised 8-1-99.) 29 (20 ILCS 5/5-410) (was 20 ILCS 5/9.11) 30 Sec. 5-410. In the Department of State Police. The 31 Director of State Police shall receive an annual salary as 32 set by the Governor from time to time or as set by the SB1591 Engrossed -56- LRB9111045EGfg 1 Compensation Review Board, whichever is greater. 2 The Assistant Director of State Police shall receive an 3 annual salary as set by the Governor from time to time or as 4 set by the Compensation Review Board, whichever is greater. 5 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 6 revised 8-1-99.) 7 (20 ILCS 5/5-415) (was 20 ILCS 5/9.05) 8 Sec. 5-415. In the Department of Transportation. The 9 Secretary of Transportation shall receive an annual salary as 10 set by the Governor from time to time or as set by the 11 Compensation Review Board, whichever is greater. 12 The Assistant Secretary of Transportation shall receive 13 an annual salary as set by the Governor from time to time or 14 as set by the Compensation Review Board, whichever is 15 greater. 16 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 17 revised 8-1-99.) 18 (20 ILCS 5/5-420) (was 20 ILCS 5/9.22) 19 Sec. 5-420. In the Department of Veterans' Affairs. The 20 Director of Veterans' Affairs shall receive an annual salary 21 as set by the Governor from time to time or as set by the 22 Compensation Review Board, whichever is greater. 23 The Assistant Director of Veterans' Affairs shall receive 24 an annual salary as set by the Governor from time to time or 25 as set by the Compensation Review Board, whichever is 26 greater. 27 (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 28 revised 8-1-99.) 29 (20 ILCS 5/5-525) (was 20 ILCS 5/6.01) 30 Sec. 5-525. In the Department of Agriculture. 31 (a) A Board of Agricultural Advisors composed of 17 SB1591 Engrossed -57- LRB9111045EGfg 1 persons engaged in agricultural industries, including 2 representatives of the agricultural press and of the State 3 Agricultural Experiment Station. 4 (b) An Advisory Board of Livestock Commissioners to 5 consist of 25 persons. The Board shall consist of the 6 administrator of animal disease programs, the Dean of the 7 College of Agriculture of the University of Illinois, the 8 Dean of the College of Veterinary Medicine of the University 9 of Illinois, and commencing on January 1, 1990 the Deans or 10 Chairmen of the Colleges or Departments of Agriculture of 11 Illinois State University, Southern Illinois University, and 12 Western Illinois University in that order who shall each 13 serve for 1 year terms, provided that commencing on January 14 1, 1993 such terms shall be for 2 years in the same order, 15 the Director of Public Health, the Director of Natural 16 Resources, the chairman of the Agriculture, Conservation and 17 Energy Committee of the Senate, and the chairman of the 18 Committee on Agriculture of the House of Representatives, who 19 shall ex-officio be members of the Board, and 17 additional 20 persons interested in the prevention, elimination and control 21 of diseases of domestic animals and poultry who shall be 22 appointed by the Governor to serve at the Governor's 23 pleasure. An appointed member's office becomes vacant upon 24 the member's absence from 3 consecutive meetings. Of the 17 25 additional persons, one shall be a representative of breeders 26 of beef cattle, one shall be a representative of breeders of 27 dairy cattle, one shall be a representative of breeders of 28 dual purpose cattle, one shall be a representative of 29 breeders of swine, one shall be a representative of poultry 30 breeders, one shall be a representative of sheep breeders, 31 one shall be a veterinarian licensed in this State, one shall 32 be a representative of general or diversified farming, one 33 shall be a representative of deer or elk breeders, one shall 34 be a representative of livestock auction markets, one shall SB1591 Engrossed -58- LRB9111045EGfg 1 be a representative of cattle feeders, one shall be a 2 representative of pork producers, one shall be a 3 representative of the State licensed meat packers, one shall 4 be a representative of canine breeders, one shall be a 5 representative of equine breeders, one shall be a 6 representative of the Illinois licensed renderers, and one 7 shall be a representative of livestock dealers. The members 8 shall receive no compensation but shall be reimbursed for 9 expenses necessarily incurred in the performance of their 10 duties. In the appointment of the Advisory Board of 11 Livestock Commissioners, the Governor shall consult with 12 representative persons and recognized organizations in the 13 respective fields concerning the appointments. 14 Rules and regulations of the Department of Agriculture 15 pertaining to the prevention, elimination, and control of 16 diseases of domestic animals and poultry shall be submitted 17 to the Advisory Board of Livestock Commissioners for approval 18 at its duly called meeting. The chairman of the Board shall 19 certify the official minutes of the Board's action and shall 20 file the certified minutes with the Department of Agriculture 21 within 30 days after the proposed rules and regulations are 22 submitted and before they are promulgated and made effective. 23 If the Board fails to take action within 30 days this 24 limitation shall not apply and the rules and regulations may 25 be promulgated and made effective. In the event it is deemed 26 desirable, the Board may hold hearings upon the rules and 27 regulations or proposed revisions. The Board members shall be 28 familiar with the Acts relating to the prevention, 29 elimination, and control of diseases among domestic animals 30 and poultry. The Department shall, upon the request of a 31 Board member, advise the Board concerning the administration 32 of the respective Acts. 33 The Director of Agriculture or his representative from 34 the Department shall act as chairman of the Board. The SB1591 Engrossed -59- LRB9111045EGfg 1 Director shall call meetings of the Board from time to time 2 or when requested by 3 or more appointed members of the 3 Board. A quorum of appointed members must be present to 4 convene an official meeting. The chairman and ex-officio 5 members shall not be included in a quorum call. Ex-officio 6 members may be represented by a duly authorized 7 representative from their department, division, college, or 8 committee. Appointed members shall not be represented at a 9 meeting by another person. Ex-officio members and appointed 10 members shall have the right to vote on all proposed rules 11 and regulations; voting that in effect would pertain to 12 approving rules and regulations shall be taken by an oral 13 roll call. No member shall vote by proxy. The chairman 14 shall not vote except in the case of a tie vote. Any 15 ex-officio or appointed member may ask for and shall receive 16 an oral roll call on any motion before the Board. The 17 Department shall provide a clerk to take minutes of the 18 meetings and record transactions of the Board. The Board, by 19 oral roll call, may require an official court reporter to 20 record the minutes of the meetings. 21 (Source: P.A. 91-239, eff. 1-1-00; 91-457, eff. 1-1-00; 22 revised 8-25-99.) 23 (20 ILCS 5/5-550) (was 20 ILCS 5/6.23) 24 Sec. 5-550. In the Department of Human Services. A 25 State Rehabilitation Council, hereinafter referred to as the 26 Council, is hereby established for the purpose of advising 27 the Secretary and the vocational rehabilitation administrator 28 of the provisions of the federal Rehabilitation Act of 1973 29 and the Americans with Disabilities Act of 1990 in matters 30 concerning individuals with disabilities and the provision of 31 rehabilitation services. The Council shall consist of 25 32 members appointed by the Governor after soliciting 33 recommendations from representatives of organizations SB1591 Engrossed -60- LRB9111045EGfg 1 representing a broad range of individuals with disabilities 2 and organizations interested in individuals with 3 disabilities. The Governor shall appoint to this Council the 4 following: 5 (1) One representative of a parent training center 6 established in accordance with the federal Individuals 7 with Disabilities Education Act. 8 (2) One representative of the client assistance 9 program. 10 (3) One vocational rehabilitation counselor who has 11 knowledge of and experience with vocational 12 rehabilitation programs. (If an employee of the 13 Department is appointed, that appointee shall serve as an 14 ex officio, nonvoting member.) 15 (4) One representative of community rehabilitation 16 program service providers. 17 (5) Four representatives of business, industry, and 18 labor. 19 (6) Eight representatives of disability advocacy 20 groups representing a cross section of the following: 21 (A) individuals with physical, cognitive, 22 sensory, and mental disabilities; and 23 (B) parents, family members, guardians, 24 advocates, or authorized representative of 25 individuals with disabilities who have difficulty in 26 representing themselves or who are unable, due to 27 their disabilities, to represent themselves. 28 (7) One current or former applicant for, or 29 recipient of, vocational rehabilitation services. 30 (8) Three representatives from secondary or higher 31 education. 32 (9) One representative of the State Workforce 33 Investment Board. 34 (10) One representative of the Illinois State Board SB1591 Engrossed -61- LRB9111045EGfg 1 of Education who is knowledgeable about the Individuals 2 with Disabilities Education Act. 3 The chairperson of, or a member designated by, the Statewide 4 Independent Living Council created under Section 12a of the 5 Disabled Persons Rehabilitation Act, the chairperson of the 6 Blind Services Planning Council created under the Bureau for 7 the Blind Act, and the vocational rehabilitation 8 administrator shall serve as ex officio members. The 9 vocational rehabilitation administrator shall have no vote. 10 The Council shall select a Chairperson. 11 The Chairperson and at least 12 other members of the 12 Council shall have a recognized disability. One member shall 13 be a senior citizen age 60 or over. A majority of the 14 Council members shall not be employees of the Department of 15 Human Services. Current members of the Rehabilitation 16 Services Council shall serve until members of the newly 17 created Council are appointed. 18 The terms of all members appointed before the effective 19 date of Public Act 88-10 shall expire on July 1, 1993. The 20 members first appointed under Public Act 88-10 shall be 21 appointed to serve for staggered terms beginning July 1, 22 1993, as follows: 7 members shall be appointed for terms of 23 3 years, 7 members shall be appointed for terms of 2 years, 24 and 6 members shall be appointed for terms of one year. 25 Thereafter, all appointments shall be for terms of 3 years. 26 Vacancies shall be filled for the unexpired term. 27 Appointments to fill vacancies in unexpired terms and new 28 terms shall be filled by the Governor or by the Council if 29 the Governor delegates that power to the Council by executive 30 order. Members shall serve until their successors are 31 appointed and qualified. No member, except the 32 representative of the client assistance program, shall serve 33 for more than 2 full terms. 34 Members shall be reimbursed for their actual expenses SB1591 Engrossed -62- LRB9111045EGfg 1 incurred in the performance of their duties, including 2 expenses for travel, child care, and personal assistance 3 services, and a member who is not employed or who must 4 forfeit wages from other employment shall be paid reasonable 5 compensation for each day the member is engaged in performing 6 the duties of the Council. 7 The Council shall meet at least 4 times per year at times 8 and places designated by the Chairman upon 10 days written 9 notice to the members. Special meetings may be called by the 10 Chairperson or 7 members of the Council upon 7 days written 11 notice to the other members. Nine members shall constitute a 12 quorum. No member of the Council shall cast a vote on any 13 matter that would provide direct financial benefit to the 14 member or otherwise give the appearance of a conflict of 15 interest under Illinois law. 16 The Council shall prepare and submit to the vocational 17 rehabilitation administrator the reports and findings that 18 the vocational rehabilitation administratoror shemay 19 request or that the Council deems fit. The Council shall 20 select jointly with the vocational rehabilitation 21 administrator a pool of qualified persons to serve as 22 impartial hearing officers. The Council shall, with the 23 vocational rehabilitation unit in the Department, jointly 24 develop, agree to, and review annually State goals and 25 priorities and jointly submit annual reports of progress to 26 the federal Commissioner of the Rehabilitation Services 27 Administration. 28 To the extent that there is a disagreement between the 29 Council and the unit within the Department of Human Services 30 responsible for the administration of the vocational 31 rehabilitation program, regarding the resources necessary to 32 carry out the functions of the Council as set forth in this 33 Section, the disagreement shall be resolved by the Governor. 34 (Source: P.A. 90-453, eff. 8-16-97; 91-239, eff. 1-1-00; SB1591 Engrossed -63- LRB9111045EGfg 1 91-540, eff. 8-13-99; revised 8-25-99.) 2 Section 12. The Illinois Act on the Aging is amended by 3 changing Section 4.04 as follows: 4 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04) 5 (Text of Section before amendment by P.A. 91-656) 6 Sec. 4.04. Long Term Care Ombudsman Program. 7 (a) Long Term Care Ombudsman Program. The Department 8 shall establish a Long Term Care Ombudsman Program, through 9 the Office of State Long Term Care Ombudsman ("the Office"), 10 in accordance with the provisions of the Older Americans Act 11 of 1965, as now or hereafter amended. 12 (b) Definitions. As used in this Section, unless the 13 context requires otherwise: 14 (1) "Access" has the same meaning as in Section 15 1-104 of the Nursing Home Care Act, as now or hereafter 16 amended; that is, it means the right to: 17 (i) Enter any long term care facility; 18 (ii) Communicate privately and without 19 restriction with any resident who consents to the 20 communication; 21 (iii) Seek consent to communicate privately 22 and without restriction with any resident; 23 (iv) Inspect the clinical and other records of 24 a resident with the express written consent of the 25 resident; 26 (v) Observe all areas of the long term care 27 facility except the living area of any resident who 28 protests the observation. 29 (2) "Long Term Care Facility" means (i) any 30 facility as defined by Section 1-113 of the Nursing Home 31 Care Act, as now or hereafter amended; and (ii) any 32 skilled nursing facility or a nursing facility which SB1591 Engrossed -64- LRB9111045EGfg 1 meets the requirements of Section 1819(a), (b), (c), and 2 (d) or Section 1919(a), (b), (c), and (d) of the Social 3 Security Act, as now or hereafter amended (42 U.S.C. 4 1395i-3(a), (b), (c), and (d) and 42 U.S.C. 1396r(a), 5 (b), (c), and (d)). 6 (3) "Ombudsman" means any person employed by the 7 Department to fulfill the requirements of the Office, or 8 any representative of a sub-State long term care 9 ombudsman program; provided that the representative, 10 whether he is paid for or volunteers his ombudsman 11 services, shall be qualified and authorized by the 12 Department to perform the duties of an ombudsman as 13 specified by the Department in rules. 14 (c) Ombudsman; rules. The Office of State Long Term Care 15 Ombudsman shall be composed of at least one full-time 16 ombudsman within the Department and shall include a system of 17 designated sub-State long term care ombudsman programs. Each 18 sub-State program shall be designated by the Department as a 19 subdivision of the Office and any representative of a 20 sub-State program shall be treated as a representative of the 21 Office. 22 The Department shall promulgate administrative rules to 23 establish the responsibilities of the Department and the 24 Office of State Long Term Care Ombudsman. The administrative 25 rules shall include the responsibility of the Office to 26 investigate and resolve complaints made by or on behalf of 27 residents of long term care facilities relating to actions, 28 inaction, or decisions of providers, or their 29 representatives, of long term care facilities, of public 30 agencies, or of social services agencies, which may adversely 31 affect the health, safety, welfare, or rights of such 32 residents. When necessary and appropriate, representatives of 33 the Office shall refer complaints to the appropriate 34 regulatory State agency. SB1591 Engrossed -65- LRB9111045EGfg 1 (d) Access and visitation rights. 2 (1) In accordance with subparagraphs (A) and (E) of 3 paragraph (3) of subsection (c) of Section 1819 and 4 subparagraphs (A) and (E) of paragraph (3) of subsection 5 (c) of Section 1919 of the Social Security Act, as now or 6 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) 7 and 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 8 of the Older Americans Act of 1965, as now or hereafter 9 amended (42 U.S.C. 3058f), a long term care facility 10 must: 11 (i) permit immediate access to any resident by 12 an ombudsman; and 13 (ii) permit representatives of the Office, 14 with the permission of the resident's legal 15 representative or legal guardian, to examine a 16 resident's clinical and other records, and if a 17 resident is unable to consent to such review, and 18 has no legal guardian, permit representatives of the 19 Office appropriate access, as defined by the 20 Department in administrative rules, to the 21 resident's records. 22 (2) Each long term care facility shall display, in 23 multiple, conspicuous public places within the facility 24 accessible to both visitors and patients and in an easily 25 readable format, the address and phone number of the 26 Office, in a manner prescribed by the Office. 27 (e) Immunity. An ombudsman or any other representative 28 of the Office participating in the good faith performance of 29 his or her official duties shall have immunity from any 30 liability (civil, criminal or otherwise) in any proceedings 31 (civil, criminal or otherwise) brought as a consequence of 32 the performance of his official duties. 33 (f) Business offenses. 34 (1) No person shall: SB1591 Engrossed -66- LRB9111045EGfg 1 (i) Intentionally prevent, interfere with, or 2 attempt to impede in any way any representative of 3 the Office in the performance of his official duties 4 under this Act and the Older Americans Act of 1965; 5 or 6 (ii) Intentionally retaliate, discriminate 7 against, or effect reprisals against any long term 8 care facility resident or employee for contacting or 9 providing information to any representative of the 10 Office. 11 (2) A violation of this Section is a business 12 offense, punishable by a fine not to exceed $501. 13 (3) The Director of Aging shall notify the State's 14 Attorney of the county in which the long term care 15 facility is located, or the Attorney General, of any 16 violations of this Section. 17 (g) Confidentiality of records and identities. No files 18 or records maintained by the Office of State Long Term Care 19 Ombudsman shall be disclosed unless the State Ombudsman or 20 the ombudsman having the authority over the disposition of 21 such files authorizes the disclosure in writing. The 22 ombudsman shall not disclose the identity of any complainant, 23 resident, witness or employee of a long term care provider 24 involved in a complaint or report unless such person or such 25 person's guardian or legal representative consents in writing 26 to the disclosure, or the disclosure is required by court 27 order. 28 (h) Legal representation. The Attorney General shall 29 provide legal representation to any representative of the 30 Office against whom suit or other legal action is brought in 31 connection with the performance of the representative's 32 official duties, in accordance with "An Act to provide for 33 representation and indemnification in certain civil law 34 suits", approved December 3, 1977, as now or hereafter SB1591 Engrossed -67- LRB9111045EGfg 1 amended. 2 (i) Treatment by prayer and spiritual means. Nothing in 3 this Act shall be construed to authorize or require the 4 medical supervision, regulation or control of remedial care 5 or treatment of any resident in a long term care facility 6 operated exclusively by and for members or adherents of any 7 church or religious denomination the tenets and practices of 8 which include reliance solely upon spiritual means through 9 prayer for healing. 10 (Source: P.A. 90-639, eff. 1-1-99; 91-174, eff. 7-16-99.) 11 (Text of Section after amendment by P.A. 91-656) 12 Sec. 4.04. Long Term Care Ombudsman Program. 13 (a) Long Term Care Ombudsman Program. The Department 14 shall establish a Long Term Care Ombudsman Program, through 15 the Office of State Long Term Care Ombudsman ("the Office"), 16 in accordance with the provisions of the Older Americans Act 17 of 1965, as now or hereafter amended. 18 (b) Definitions. As used in this Section, unless the 19 context requires otherwise: 20 (1) "Access" has the same meaning as in Section 21 1-104 of the Nursing Home Care Act, as now or hereafter 22 amended; that is, it means the right to: 23 (i) Enter any long term care facility or 24 assisted living or shared housing establishment; 25 (ii) Communicate privately and without 26 restriction with any resident who consents to the 27 communication; 28 (iii) Seek consent to communicate privately 29 and without restriction with any resident; 30 (iv) Inspect the clinical and other records of 31 a resident with the express written consent of the 32 resident; 33 (v) Observe all areas of the long term care 34 facility or assisted living or shared housing SB1591 Engrossed -68- LRB9111045EGfg 1 establishment except the living area of any resident 2 who protests the observation. 3 (2) "Long Term Care Facility" means (i) any 4 facility as defined by Section 1-113 of the Nursing Home 5 Care Act, as now or hereafter amended; and (ii) any 6 skilled nursing facility or a nursing facility which 7 meets the requirements of Section 1819(a), (b), (c), and 8 (d) or Section 1919(a), (b), (c), and (d) of the Social 9 Security Act, as now or hereafter amended (42 U.S.C. 10 1395i-3(a), (b), (c), and (d) and 42 U.S.C. 1396r(a), 11 (b), (c), and (d)). 12 (2.5) "Assisted living establishment" and "shared 13 housing establishment" have the meanings given those 14 terms in Section 10 of the Assisted Living and Shared 15 Housing Act. 16 (3) "Ombudsman" means any person employed by the 17 Department to fulfill the requirements of the Office, or 18 any representative of a sub-State long term care 19 ombudsman program; provided that the representative, 20 whether he is paid for or volunteers his ombudsman 21 services, shall be qualified and authorized by the 22 Department to perform the duties of an ombudsman as 23 specified by the Department in rules. 24 (c) Ombudsman; rules. The Office of State Long Term Care 25 Ombudsman shall be composed of at least one full-time 26 ombudsman within the Department and shall include a system of 27 designated sub-State long term care ombudsman programs. Each 28 sub-State program shall be designated by the Department as a 29 subdivision of the Office and any representative of a 30 sub-State program shall be treated as a representative of the 31 Office. 32 The Department shall promulgate administrative rules to 33 establish the responsibilities of the Department and the 34 Office of State Long Term Care Ombudsman. The administrative SB1591 Engrossed -69- LRB9111045EGfg 1 rules shall include the responsibility of the Office to 2 investigate and resolve complaints made by or on behalf of 3 residents of long term care facilities and assisted living 4 and shared housing establishments relating to actions, 5 inaction, or decisions of providers, or their 6 representatives, of long term care facilities, of assisted 7 living and shared housing establishments, of public agencies, 8 or of social services agencies, which may adversely affect 9 the health, safety, welfare, or rights of such residents. 10 When necessary and appropriate, representatives of the Office 11 shall refer complaints to the appropriate regulatory State 12 agency. 13 (d) Access and visitation rights. 14 (1) In accordance with subparagraphs (A) and (E) of 15 paragraph (3) of subsection (c) of Section 1819 and 16 subparagraphs (A) and (E) of paragraph (3) of subsection 17 (c) of Section 1919 of the Social Security Act, as now or 18 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) 19 and 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 20 of the Older Americans Act of 1965, as now or hereafter 21 amended (42 U.S.C. 3058f), a long term care facility, 22 assisted living establishment, and shared housing 23 establishment must: 24 (i) permit immediate access to any resident by 25 an ombudsman; and 26 (ii) permit representatives of the Office, 27 with the permission of the resident's legal 28 representative or legal guardian, to examine a 29 resident's clinical and other records, and if a 30 resident is unable to consent to such review, and 31 has no legal guardian, permit representatives of the 32 Office appropriate access, as defined by the 33 Department in administrative rules, to the 34 resident's records. SB1591 Engrossed -70- LRB9111045EGfg 1 (2) Each long term care facility, assisted living 2 establishment, and shared housing establishment shall 3 display, in multiple, conspicuous public places within 4 the facility accessible to both visitors and patients and 5 in an easily readable format, the address and phone 6 number of the Office, in a manner prescribed by the 7 Office. 8 (e) Immunity. An ombudsman or any other representative 9 of the Office participating in the good faith performance of 10 his or her official duties shall have immunity from any 11 liability (civil, criminal or otherwise) in any proceedings 12 (civil, criminal or otherwise) brought as a consequence of 13 the performance of his official duties. 14 (f) Business offenses. 15 (1) No person shall: 16 (i) Intentionally prevent, interfere with, or 17 attempt to impede in any way any representative of 18 the Office in the performance of his official duties 19 under this Act and the Older Americans Act of 1965; 20 or 21 (ii) Intentionally retaliate, discriminate 22 against, or effect reprisals against any long term 23 care facility resident or employee for contacting or 24 providing information to any representative of the 25 Office. 26 (2) A violation of this Section is a business 27 offense, punishable by a fine not to exceed $501. 28 (3) The Director of Aging shall notify the State's 29 Attorney of the county in which the long term care 30 facility is located, or the Attorney General, of any 31 violations of this Section. 32 (g) Confidentiality of records and identities. No files 33 or records maintained by the Office of State Long Term Care 34 Ombudsman shall be disclosed unless the State Ombudsman or SB1591 Engrossed -71- LRB9111045EGfg 1 the ombudsman having the authority over the disposition of 2 such files authorizes the disclosure in writing. The 3 ombudsman shall not disclose the identity of any complainant, 4 resident, witness or employee of a long term care provider 5 involved in a complaint or report unless such person or such 6 person's guardian or legal representative consents in writing 7 to the disclosure, or the disclosure is required by court 8 order. 9 (h) Legal representation. The Attorney General shall 10 provide legal representation to any representative of the 11 Office against whom suit or other legal action is brought in 12 connection with the performance of the representative's 13 official duties, in accordance with the State Employee 14 Indemnification Act. 15 (i) Treatment by prayer and spiritual means. Nothing in 16 this Act shall be construed to authorize or require the 17 medical supervision, regulation or control of remedial care 18 or treatment of any resident in a long term care facility 19 operated exclusively by and for members or adherents of any 20 church or religious denomination the tenets and practices of 21 which include reliance solely upon spiritual means through 22 prayer for healing. 23 (Source: P.A. 90-639, eff. 1-1-99; 91-174, eff. 7-16-99; 24 91-656, eff. 1-1-01; revised 1-5-00.) 25 Section 13. The Department of Agriculture Law of the 26 Civil Administrative Code of Illinois is amended by 27 renumbering Section 40.43 and changing Section 205-60 as 28 follows: 29 (20 ILCS 205/205-47) (was 20 ILCS 205/40.43) 30 Sec. 205-47.40.43.Value Added Agricultural Products. 31 (a) To expend funds appropriated to the Department of 32 Agriculture to develop and implement a grant program for SB1591 Engrossed -72- LRB9111045EGfg 1 value added agricultural products, to be called the "Illinois 2 Value-Added Agriculture Enhancement Program". The grants are 3 to provide 50% of (i) the cost of undertaking feasibility 4 studies, competitive assessments, and consulting or 5 productivity services that the Department determines may 6 result in enhancement of value added agricultural products 7 and (ii) seed money for new or expanding agribusiness. 8 (b) "Agribusiness" means any sole proprietorship, 9 limited partnership, copartnership, joint venture, 10 corporation, or cooperative that operates or will operate a 11 facility located within the State of Illinois that is related 12 to the processing of agricultural commodities (including, 13 without limitation, the products of aquaculture, hydroponics, 14 and silviculture) or the manufacturing, production, or 15 construction of agricultural buildings, structures, 16 equipment, implements, and supplies, or any other facilities 17 or processes used in agricultural production. Agribusiness 18 includes but is not limited to the following: 19 (1) grain handling and processing, including grain 20 storage, drying, treatment, conditioning, milling, and 21 packaging; 22 (2) seed and feed grain development and processing; 23 (3) fruit and vegetable processing, including 24 preparation, canning, and packaging; 25 (4) processing of livestock and livestock products, 26 dairy products, poultry and poultry products, fish, or 27 apiarian products, including slaughter, shearing, 28 collecting, preparation, canning, and packaging; 29 (5) fertilizer and agricultural chemical 30 manufacturing, processing, application, and supplying; 31 (6) farm machinery, equipment, and implement 32 manufacturing and supplying; 33 (7) manufacturing and supplying of agricultural 34 commodity processing machinery and equipment, including SB1591 Engrossed -73- LRB9111045EGfg 1 machinery and equipment used in slaughter, treatment, 2 handling, collecting, preparation, canning, or packaging 3 of agricultural commodities; 4 (8) farm building and farm structure manufacturing, 5 construction, and supplying; 6 (9) construction, manufacturing, implementation, 7 supplying, or servicing of irrigation, drainage, and soil 8 and water conservation devices or equipment; 9 (10) fuel processing and development facilities 10 that produce fuel from agricultural commodities or 11 by-products; 12 (11) facilities and equipment for processing and 13 packaging agricultural commodities specifically for 14 export; 15 (12) facilities and equipment for forestry product 16 processing and supplying, including sawmilling 17 operations, wood chip operations, timber harvesting 18 operations, and manufacturing of prefabricated buildings, 19 paper, furniture, or other goods from forestry products; 20 and 21 (13) facilities and equipment for research and 22 development of products, processes, and equipment for the 23 production, processing, preparation, or packaging of 24 agricultural commodities and by-products. 25 (c) The "Illinois Value-Added Agriculture Enhancement 26 Program Fund" is created as a special fund in the State 27 Treasury to provide grants to Illinois' small agribusinesses, 28 subject to appropriation for that purpose. Each grant 29 awarded under this program shall provide funding for up to 30 50% of the cost of (i) the development of valued added 31 agricultural products or (ii) seed money for new or expanding 32 agribusiness, not to exceed 50% of appropriated funds. 33 Notwithstanding the other provisions of this paragraph, the 34 fund shall not be used to provide seed money to an Illinois SB1591 Engrossed -74- LRB9111045EGfg 1 small agribusiness for the purpose of compliance with the 2 provisions of the Livestock Management Facilities Act. 3 (d) For the purposes of this Section, "Illinois small 4 agribusiness" means a "small business concern" as defined in 5 Title 15 United States Code, Section 632, that primarily 6 conducts its business in Illinois. 7 (e) The Department shall make such rules and regulations 8 as may be necessary to carry out its statutory duties. Among 9 other duties, the Department, through the program, may do all 10 of the following: 11 (1) Make and enter into contracts, including but 12 not limited to making grants specified by the General 13 Assembly pursuant to appropriations by the General 14 Assembly from the Illinois Value-Added Agriculture 15 Enhancement Program Fund, and generally to do all such 16 things as, in its judgment, may be necessary, proper, and 17 expedient in accomplishing its duties. 18 (2) Provide for, staff, and administer a program in 19 which the Department shall plan and coordinate State 20 efforts designed to aid and stimulate the development of 21 value-added agribusiness. 22 (3) Make grants on the terms and conditions that 23 the Department shall determine, except that no grant made 24 under the provisions of this item (3) shall exceed 50% of 25 the direct costs. 26 (4) Act as the State Agriculture Planning Agency, 27 and accept and use planning grants or other financial 28 assistance from the federal government (i) for statewide 29 comprehensive planning work including research and 30 coordination activity directly related to agriculture 31 needs; and (ii) for state and inter-state comprehensive 32 planning and research and coordination activity related 33 thereto. All such grants shall be subject to the terms 34 and conditions prescribed by the federal government. SB1591 Engrossed -75- LRB9111045EGfg 1 (f) The Illinois Value-Added Agricultural Enhancement 2 Fund is subject to the provisions of the Illinois Grant Funds 3 Recovery Act (GFRA). 4 (Source: P.A. 91-560, eff. 8-14-99; revised 10-25-99.) 5 (20 ILCS 205/205-60) (was 20 ILCS 205/40.35) 6 Sec. 205-60. Aquaculture. The Department has the power 7 to develop and implement a program to promote aquaculture and 8 to make grants to an aquaculture cooperative in this State 9 pursuant to the Aquaculture Development Act, to promulgate 10 the necessary rules and regulations, and to cooperate with 11 and seek the assistance of the Department of Natural 12 Resources and the Department of Transportation in the 13 implementation and enforcement of that Act. 14 (Source: P.A. 91-239, eff. 1-1-00; 91-530, eff. 8-13-99; 15 revised 10-25-99.) 16 Section 14. The Children and Family Services Act is 17 amended by changing Section 5 as follows: 18 (20 ILCS 505/5) (from Ch. 23, par. 5005) 19 Sec. 5. Direct child welfare services; Department of 20 Children and Family Services. To provide direct child 21 welfare services when not available through other public or 22 private child care or program facilities. 23 (a) For purposes of this Section: 24 (1) "Children" means persons found within the State 25 who are under the age of 18 years. The term also 26 includes persons under age 19 who: 27 (A) were committed to the Department pursuant 28 to the Juvenile Court Act or the Juvenile Court Act 29 of 1987, as amended, prior to the age of 18 and who 30 continue under the jurisdiction of the court; or 31 (B) were accepted for care, service and SB1591 Engrossed -76- LRB9111045EGfg 1 training by the Department prior to the age of 18 2 and whose best interest in the discretion of the 3 Department would be served by continuing that care, 4 service and training because of severe emotional 5 disturbances, physical disability, social adjustment 6 or any combination thereof, or because of the need 7 to complete an educational or vocational training 8 program. 9 (2) "Homeless youth" means persons found within the 10 State who are under the age of 19, are not in a safe and 11 stable living situation and cannot be reunited with their 12 families. 13 (3) "Child welfare services" means public social 14 services which are directed toward the accomplishment of 15 the following purposes: 16 (A) protecting and promoting the health, 17 safety and welfare of children, including homeless, 18 dependent or neglected children; 19 (B) remedying, or assisting in the solution of 20 problems which may result in, the neglect, abuse, 21 exploitation or delinquency of children; 22 (C) preventing the unnecessary separation of 23 children from their families by identifying family 24 problems, assisting families in resolving their 25 problems, and preventing the breakup of the family 26 where the prevention of child removal is desirable 27 and possible when the child can be cared for at home 28 without endangering the child's health and safety; 29 (D) restoring to their families children who 30 have been removed, by the provision of services to 31 the child and the families when the child can be 32 cared for at home without endangering the child's 33 health and safety; 34 (E) placing children in suitable adoptive SB1591 Engrossed -77- LRB9111045EGfg 1 homes, in cases where restoration to the biological 2 family is not safe, possible or appropriate; 3 (F) assuring safe and adequate care of 4 children away from their homes, in cases where the 5 child cannot be returned home or cannot be placed 6 for adoption. At the time of placement, the 7 Department shall consider concurrent planning, as 8 described in subsection (l-1) of this Section so 9 that permanency may occur at the earliest 10 opportunity. Consideration should be given so that 11 if reunification fails or is delayed, the placement 12 made is the best available placement to provide 13 permanency for the child; 14 (G) (blank); 15 (H) (blank); and 16 (I) placing and maintaining children in 17 facilities that provide separate living quarters for 18 children under the age of 18 and for children 18 19 years of age and older, unless a child 18 years of 20 age is in the last year of high school education or 21 vocational training, in an approved individual or 22 group treatment program, in a licensed shelter 23 facility, or secure child care facility. The 24 Department is not required to place or maintain 25 children: 26 (i) who are in a foster home, or 27 (ii) who are persons with a developmental 28 disability, as defined in the Mental Health and 29 Developmental Disabilities Code, or 30 (iii) who are female children who are 31 pregnant, pregnant and parenting or parenting, 32 or 33 (iv) who are siblings, 34 in facilities that provide separate living quarters SB1591 Engrossed -78- LRB9111045EGfg 1 for children 18 years of age and older and for 2 children under 18 years of age. 3 (b) Nothing in this Section shall be construed to 4 authorize the expenditure of public funds for the purpose of 5 performing abortions. 6 (c) The Department shall establish and maintain 7 tax-supported child welfare services and extend and seek to 8 improve voluntary services throughout the State, to the end 9 that services and care shall be available on an equal basis 10 throughout the State to children requiring such services. 11 (d) The Director may authorize advance disbursements for 12 any new program initiative to any agency contracting with the 13 Department. As a prerequisite for an advance disbursement, 14 the contractor must post a surety bond in the amount of the 15 advance disbursement and have a purchase of service contract 16 approved by the Department. The Department may pay up to 2 17 months operational expenses in advance. The amount of the 18 advance disbursement shall be prorated over the life of the 19 contract or the remaining months of the fiscal year, 20 whichever is less, and the installment amount shall then be 21 deducted from future bills. Advance disbursement 22 authorizations for new initiatives shall not be made to any 23 agency after that agency has operated during 2 consecutive 24 fiscal years. The requirements of this Section concerning 25 advance disbursements shall not apply with respect to the 26 following: payments to local public agencies for child day 27 care services as authorized by Section 5a of this Act; and 28 youth service programs receiving grant funds under Section 29 17a-4. 30 (e) (Blank). 31 (f) (Blank). 32 (g) The Department shall establish rules and regulations 33 concerning its operation of programs designed to meet the 34 goals of child safety and protection, family preservation, SB1591 Engrossed -79- LRB9111045EGfg 1 family reunification, and adoption, including but not limited 2 to: 3 (1) adoption; 4 (2) foster care; 5 (3) family counseling; 6 (4) protective services; 7 (5) (blank); 8 (6) homemaker service; 9 (7) return of runaway children; 10 (8) (blank); 11 (9) placement under Section 5-7 of the Juvenile 12 Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the 13 Juvenile Court Act of 1987 in accordance with the federal 14 Adoption Assistance and Child Welfare Act of 1980; and 15 (10) interstate services. 16 Rules and regulations established by the Department shall 17 include provisions for training Department staff and the 18 staff of Department grantees, through contracts with other 19 agencies or resources, in alcohol and drug abuse screening 20 techniques approved by the Department of Human Services, as a 21 successor to the Department of Alcoholism and Substance 22 Abuse, for the purpose of identifying children and adults who 23 should be referred to an alcohol and drug abuse treatment 24 program for professional evaluation. 25 (h) If the Department finds that there is no appropriate 26 program or facility within or available to the Department for 27 a ward and that no licensed private facility has an adequate 28 and appropriate program or none agrees to accept the ward, 29 the Department shall create an appropriate individualized, 30 program-oriented plan for such ward. The plan may be 31 developed within the Department or through purchase of 32 services by the Department to the extent that it is within 33 its statutory authority to do. 34 (i) Service programs shall be available throughout the SB1591 Engrossed -80- LRB9111045EGfg 1 State and shall include but not be limited to the following 2 services: 3 (1) case management; 4 (2) homemakers; 5 (3) counseling; 6 (4) parent education; 7 (5) day care; and 8 (6) emergency assistance and advocacy. 9 In addition, the following services may be made available 10 to assess and meet the needs of children and families: 11 (1) comprehensive family-based services; 12 (2) assessments; 13 (3) respite care; and 14 (4) in-home health services. 15 The Department shall provide transportation for any of 16 the services it makes available to children or families or 17 for which it refers children or families. 18 (j) The Department may provide categories of financial 19 assistance and education assistance grants, and shall 20 establish rules and regulations concerning the assistance and 21 grants, to persons who adopt physically or mentally 22 handicapped, older and other hard-to-place children who (i) 23 immediately prior to their adoption were legal wards of the 24 Department or (ii) were determined eligible for financial 25 assistance with respect to a prior adoption and who become 26 available for adoption because the prior adoption has been 27 dissolved and the parental rights of the adoptive parents 28 have been terminated or because the child's adoptive parents 29 have died. The Department may also provide categories of 30 financial assistance and education assistance grants, and 31 shall establish rules and regulations for the assistance and 32 grants, to persons appointed guardian of the person under 33 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 34 4-25 or 5-740 of the Juvenile Court Act of 1987 for children SB1591 Engrossed -81- LRB9111045EGfg 1 who were wards of the Department for 12 months immediately 2 prior to the appointment of the guardian. 3 The amount of assistance may vary, depending upon the 4 needs of the child and the adoptive parents, as set forth in 5 the annual assistance agreement. Special purpose grants are 6 allowed where the child requires special service but such 7 costs may not exceed the amounts which similar services would 8 cost the Department if it were to provide or secure them as 9 guardian of the child. 10 Any financial assistance provided under this subsection 11 is inalienable by assignment, sale, execution, attachment, 12 garnishment, or any other remedy for recovery or collection 13 of a judgment or debt. 14 (j-5) The Department shall not deny or delay the 15 placement of a child for adoption if an approved family is 16 available either outside of the Department region handling 17 the case, or outside of the State of Illinois. 18 (k) The Department shall accept for care and training 19 any child who has been adjudicated neglected or abused, or 20 dependent committed to it pursuant to the Juvenile Court Act 21 or the Juvenile Court Act of 1987. 22 (l) Before July 1, 2000, the Department may provide, and 23 beginning July 1, 2000, the Department shall offer family 24 preservation services, as defined in Section 8.2 of the 25 Abused and Neglected Child Reporting Act, to help families, 26 including adoptive and extended families. Family preservation 27 services shall be offered (i) to prevent the placement of 28 children in substitute care when the children can be cared 29 for at home or in the custody of the person responsible for 30 the children's welfare, (ii) to reunite children with their 31 families, or (iii) to maintain an adoptive placement. Family 32 preservation services shall only be offered when doing so 33 will not endanger the children's health or safety. With 34 respect to children who are in substitute care pursuant to SB1591 Engrossed -82- LRB9111045EGfg 1 the Juvenile Court Act of 1987, family preservation services 2 shall not be offered if a goal other than those of 3 subdivisions (A), (B), or (B-1) of subsection (2) of Section 4 2-28 of that Act has been set. Nothing in this paragraph 5 shall be construed to create a private right of action or 6 claim on the part of any individual or child welfare agency. 7 The Department shall notify the child and his family of 8 the Department's responsibility to offer and provide family 9 preservation services as identified in the service plan. The 10 child and his family shall be eligible for services as soon 11 as the report is determined to be "indicated". The 12 Department may offer services to any child or family with 13 respect to whom a report of suspected child abuse or neglect 14 has been filed, prior to concluding its investigation under 15 Section 7.12 of the Abused and Neglected Child Reporting Act. 16 However, the child's or family's willingness to accept 17 services shall not be considered in the investigation. The 18 Department may also provide services to any child or family 19 who is the subject of any report of suspected child abuse or 20 neglect or may refer such child or family to services 21 available from other agencies in the community, even if the 22 report is determined to be unfounded, if the conditions in 23 the child's or family's home are reasonably likely to subject 24 the child or family to future reports of suspected child 25 abuse or neglect. Acceptance of such services shall be 26 voluntary. 27 The Department may, at its discretion except for those 28 children also adjudicated neglected or dependent, accept for 29 care and training any child who has been adjudicated 30 addicted, as a truant minor in need of supervision or as a 31 minor requiring authoritative intervention, under the 32 Juvenile Court Act or the Juvenile Court Act of 1987, but no 33 such child shall be committed to the Department by any court 34 without the approval of the Department. A minor charged with SB1591 Engrossed -83- LRB9111045EGfg 1 a criminal offense under the Criminal Code of 1961 or 2 adjudicated delinquent shall not be placed in the custody of 3 or committed to the Department by any court, except a minor 4 less than 13 years of age committed to the Department under 5 Section 5-710 of the Juvenile Court Act of 1987. 6 (l-1) The legislature recognizes that the best interests 7 of the child require that the child be placed in the most 8 permanent living arrangement as soon as is practically 9 possible. To achieve this goal, the legislature directs the 10 Department of Children and Family Services to conduct 11 concurrent planning so that permanency may occur at the 12 earliest opportunity. Permanent living arrangements may 13 include prevention of placement of a child outside the home 14 of the family when the child can be cared for at home without 15 endangering the child's health or safety; reunification with 16 the family, when safe and appropriate, if temporary placement 17 is necessary; or movement of the child toward the most 18 permanent living arrangement and permanent legal status. 19 When determining reasonable efforts to be made with 20 respect to a child, as described in this subsection, and in 21 making such reasonable efforts, the child's health and safety 22 shall be the paramount concern. 23 When a child is placed in foster care, the Department 24 shall ensure and document that reasonable efforts were made 25 to prevent or eliminate the need to remove the child from the 26 child's home. The Department must make reasonable efforts to 27 reunify the family when temporary placement of the child 28 occurs unless otherwise required, pursuant to the Juvenile 29 Court Act of 1987. At any time after the dispositional 30 hearing where the Department believes that further 31 reunification services would be ineffective, it may request a 32 finding from the court that reasonable efforts are no longer 33 appropriate. The Department is not required to provide 34 further reunification services after such a finding. SB1591 Engrossed -84- LRB9111045EGfg 1 A decision to place a child in substitute care shall be 2 made with considerations of the child's health, safety, and 3 best interests. At the time of placement, consideration 4 should also be given so that if reunification fails or is 5 delayed, the placement made is the best available placement 6 to provide permanency for the child. 7 The Department shall adopt rules addressing concurrent 8 planning for reunification and permanency. The Department 9 shall consider the following factors when determining 10 appropriateness of concurrent planning: 11 (1) the likelihood of prompt reunification; 12 (2) the past history of the family; 13 (3) the barriers to reunification being addressed 14 by the family; 15 (4) the level of cooperation of the family; 16 (5) the foster parents' willingness to work with 17 the family to reunite; 18 (6) the willingness and ability of the foster 19 family to provide an adoptive home or long-term 20 placement; 21 (7) the age of the child; 22 (8) placement of siblings. 23 (m) The Department may assume temporary custody of any 24 child if: 25 (1) it has received a written consent to such 26 temporary custody signed by the parents of the child or 27 by the parent having custody of the child if the parents 28 are not living together or by the guardian or custodian 29 of the child if the child is not in the custody of either 30 parent, or 31 (2) the child is found in the State and neither a 32 parent, guardian nor custodian of the child can be 33 located. 34 If the child is found in his or her residence without a SB1591 Engrossed -85- LRB9111045EGfg 1 parent, guardian, custodian or responsible caretaker, the 2 Department may, instead of removing the child and assuming 3 temporary custody, place an authorized representative of the 4 Department in that residence until such time as a parent, 5 guardian or custodian enters the home and expresses a 6 willingness and apparent ability to ensure the child's health 7 and safety and resume permanent charge of the child, or until 8 a relative enters the home and is willing and able to ensure 9 the child's health and safety and assume charge of the child 10 until a parent, guardian or custodian enters the home and 11 expresses such willingness and ability to ensure the child's 12 safety and resume permanent charge. After a caretaker has 13 remained in the home for a period not to exceed 12 hours, the 14 Department must follow those procedures outlined in Section 15 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987. 16 The Department shall have the authority, responsibilities 17 and duties that a legal custodian of the child would have 18 pursuant to subsection (9) of Section 1-3 of the Juvenile 19 Court Act of 1987. Whenever a child is taken into temporary 20 custody pursuant to an investigation under the Abused and 21 Neglected Child Reporting Act, or pursuant to a referral and 22 acceptance under the Juvenile Court Act of 1987 of a minor in 23 limited custody, the Department, during the period of 24 temporary custody and before the child is brought before a 25 judicial officer as required by Section 2-9, 3-11, 4-8, or 26 5-415 of the Juvenile Court Act of 1987, shall have the 27 authority, responsibilities and duties that a legal custodian 28 of the child would have under subsection (9) of Section 1-3 29 of the Juvenile Court Act of 1987. 30 The Department shall ensure that any child taken into 31 custody is scheduled for an appointment for a medical 32 examination. 33 A parent, guardian or custodian of a child in the 34 temporary custody of the Department who would have custody of SB1591 Engrossed -86- LRB9111045EGfg 1 the child if he were not in the temporary custody of the 2 Department may deliver to the Department a signed request 3 that the Department surrender the temporary custody of the 4 child. The Department may retain temporary custody of the 5 child for 10 days after the receipt of the request, during 6 which period the Department may cause to be filed a petition 7 pursuant to the Juvenile Court Act of 1987. If a petition is 8 so filed, the Department shall retain temporary custody of 9 the child until the court orders otherwise. If a petition is 10 not filed within the 10 day period, the child shall be 11 surrendered to the custody of the requesting parent, guardian 12 or custodian not later than the expiration of the 10 day 13 period, at which time the authority and duties of the 14 Department with respect to the temporary custody of the child 15 shall terminate. 16 (m-1) The Department may place children under 18 years 17 of age in a secure child care facility licensed by the 18 Department that cares for children who are in need of secure 19 living arrangements for their health, safety, and well-being 20 after a determination is made by the facility director and 21 the Director or the Director's designate prior to admission 22 to the facility subject to Section 2-27.1 of the Juvenile 23 Court Act of 1987. This subsection (m-1) does not apply to a 24 child who is subject to placement in a correctional facility 25 operated pursuant to Section 3-15-2 of the Unified Code of 26 Corrections. 27 (n) The Department may place children under 18 years of 28 age in licensed child care facilities when in the opinion of 29 the Department, appropriate services aimed at family 30 preservation have been unsuccessful and cannot ensure the 31 child's health and safety or are unavailable and such 32 placement would be for their best interest. Payment for 33 board, clothing, care, training and supervision of any child 34 placed in a licensed child care facility may be made by the SB1591 Engrossed -87- LRB9111045EGfg 1 Department, by the parents or guardians of the estates of 2 those children, or by both the Department and the parents or 3 guardians, except that no payments shall be made by the 4 Department for any child placed in a licensed child care 5 facility for board, clothing, care, training and supervision 6 of such a child that exceed the average per capita cost of 7 maintaining and of caring for a child in institutions for 8 dependent or neglected children operated by the Department. 9 However, such restriction on payments does not apply in cases 10 where children require specialized care and treatment for 11 problems of severe emotional disturbance, physical 12 disability, social adjustment, or any combination thereof and 13 suitable facilities for the placement of such children are 14 not available at payment rates within the limitations set 15 forth in this Section. All reimbursements for services 16 delivered shall be absolutely inalienable by assignment, 17 sale, attachment, garnishment or otherwise. 18 (o) The Department shall establish an administrative 19 review and appeal process for children and families who 20 request or receive child welfare services from the 21 Department. Children who are wards of the Department and are 22 placed by private child welfare agencies, and foster families 23 with whom those children are placed, shall be afforded the 24 same procedural and appeal rights as children and families in 25 the case of placement by the Department, including the right 26 to an initial review of a private agency decision by that 27 agency. The Department shall insure that any private child 28 welfare agency, which accepts wards of the Department for 29 placement, affords those rights to children and foster 30 families. The Department shall accept for administrative 31 review and an appeal hearing a complaint made by (i) a child 32 or foster family concerning a decision following an initial 33 review by a private child welfare agency or (ii) a 34 prospective adoptive parent who alleges a violation of SB1591 Engrossed -88- LRB9111045EGfg 1 subsection (j-5) of this Section. An appeal of a decision 2 concerning a change in the placement of a child shall be 3 conducted in an expedited manner. 4 (p) There is hereby created the Department of Children 5 and Family Services Emergency Assistance Fund from which the 6 Department may provide special financial assistance to 7 families which are in economic crisis when such assistance is 8 not available through other public or private sources and the 9 assistance is deemed necessary to prevent dissolution of the 10 family unit or to reunite families which have been separated 11 due to child abuse and neglect. The Department shall 12 establish administrative rules specifying the criteria for 13 determining eligibility for and the amount and nature of 14 assistance to be provided. The Department may also enter 15 into written agreements with private and public social 16 service agencies to provide emergency financial services to 17 families referred by the Department. Special financial 18 assistance payments shall be available to a family no more 19 than once during each fiscal year and the total payments to a 20 family may not exceed $500 during a fiscal year. 21 (q) The Department may receive and use, in their 22 entirety, for the benefit of children any gift, donation or 23 bequest of money or other property which is received on 24 behalf of such children, or any financial benefits to which 25 such children are or may become entitled while under the 26 jurisdiction or care of the Department. 27 The Department shall set up and administer no-cost, 28 interest-bearing savings accounts in appropriate financial 29 institutions ("individual accounts") for children for whom 30 the Department is legally responsible and who have been 31 determined eligible for Veterans' Benefits, Social Security 32 benefits, assistance allotments from the armed forces, court 33 ordered payments, parental voluntary payments, Supplemental 34 Security Income, Railroad Retirement payments, Black Lung SB1591 Engrossed -89- LRB9111045EGfg 1 benefits, or other miscellaneous payments. Interest earned 2 by each individual account shall be credited to the account, 3 unless disbursed in accordance with this subsection. 4 In disbursing funds from children's individual accounts, 5 the Department shall: 6 (1) Establish standards in accordance with State 7 and federal laws for disbursing money from children's 8 individual accounts. In all circumstances, the 9 Department's "Guardianship Administrator" or his or her 10 designee must approve disbursements from children's 11 individual accounts. The Department shall be responsible 12 for keeping complete records of all disbursements for 13 each individual account for any purpose. 14 (2) Calculate on a monthly basis the amounts paid 15 from State funds for the child's board and care, medical 16 care not covered under Medicaid, and social services; and 17 utilize funds from the child's individual account, as 18 covered by regulation, to reimburse those costs. 19 Monthly, disbursements from all children's individual 20 accounts, up to 1/12 of $13,000,000, shall be deposited 21 by the Department into the General Revenue Fund and the 22 balance over 1/12 of $13,000,000 into the DCFS Children's 23 Services Fund. 24 (3) Maintain any balance remaining after 25 reimbursing for the child's costs of care, as specified 26 in item (2). The balance shall accumulate in accordance 27 with relevant State and federal laws and shall be 28 disbursed to the child or his or her guardian, or to the 29 issuing agency. 30 (r) The Department shall promulgate regulations 31 encouraging all adoption agencies to voluntarily forward to 32 the Department or its agent names and addresses of all 33 persons who have applied for and have been approved for 34 adoption of a hard-to-place or handicapped child and the SB1591 Engrossed -90- LRB9111045EGfg 1 names of such children who have not been placed for adoption. 2 A list of such names and addresses shall be maintained by the 3 Department or its agent, and coded lists which maintain the 4 confidentiality of the person seeking to adopt the child and 5 of the child shall be made available, without charge, to 6 every adoption agency in the State to assist the agencies in 7 placing such children for adoption. The Department may 8 delegate to an agent its duty to maintain and make available 9 such lists. The Department shall ensure that such agent 10 maintains the confidentiality of the person seeking to adopt 11 the child and of the child. 12 (s) The Department of Children and Family Services may 13 establish and implement a program to reimburse Department and 14 private child welfare agency foster parents licensed by the 15 Department of Children and Family Services for damages 16 sustained by the foster parents as a result of the malicious 17 or negligent acts of foster children, as well as providing 18 third party coverage for such foster parents with regard to 19 actions of foster children to other individuals. Such 20 coverage will be secondary to the foster parent liability 21 insurance policy, if applicable. The program shall be funded 22 through appropriations from the General Revenue Fund, 23 specifically designated for such purposes. 24 (t) The Department shall perform home studies and 25 investigations and shall exercise supervision over visitation 26 as ordered by a court pursuant to the Illinois Marriage and 27 Dissolution of Marriage Act or the Adoption Act only if: 28 (1) an order entered by an Illinois court 29 specifically directs the Department to perform such 30 services; and 31 (2) the court has ordered one or both of the 32 parties to the proceeding to reimburse the Department for 33 its reasonable costs for providing such services in 34 accordance with Department rules, or has determined that SB1591 Engrossed -91- LRB9111045EGfg 1 neither party is financially able to pay. 2 The Department shall provide written notification to the 3 court of the specific arrangements for supervised visitation 4 and projected monthly costs within 60 days of the court 5 order. The Department shall send to the court information 6 related to the costs incurred except in cases where the court 7 has determined the parties are financially unable to pay. The 8 court may order additional periodic reports as appropriate. 9 (u) Whenever the Department places a child in a licensed 10 foster home, group home, child care institution, or in a 11 relative home, the Department shall provide to the caretaker: 12 (1) available detailed information concerning the 13 child's educational and health history, copies of 14 immunization records (including insurance and medical 15 card information), a history of the child's previous 16 placements, if any, and reasons for placement changes 17 excluding any information that identifies or reveals the 18 location of any previous caretaker; 19 (2) a copy of the child's portion of the client 20 service plan, including any visitation arrangement, and 21 all amendments or revisions to it as related to the 22 child; and 23 (3) information containing details of the child's 24 individualized educational plan when the child is 25 receiving special education services. 26 The caretaker shall be informed of any known social or 27 behavioral information (including, but not limited to, 28 criminal background, fire setting, perpetuation of sexual 29 abuse, destructive behavior, and substance abuse) necessary 30 to care for and safeguard the child. 31 (u-5) Effective July 1, 1995, only foster care 32 placements licensed as foster family homes pursuant to the 33 Child Care Act of 1969 shall be eligible to receive foster 34 care payments from the Department. Relative caregivers who, SB1591 Engrossed -92- LRB9111045EGfg 1 as of July 1, 1995, were approved pursuant to approved 2 relative placement rules previously promulgated by the 3 Department at 89 Ill. Adm. Code 335 and had submitted an 4 application for licensure as a foster family home may 5 continue to receive foster care payments only until the 6 Department determines that they may be licensed as a foster 7 family home or that their application for licensure is denied 8 or until September 30, 1995, whichever occurs first. 9 (v) The Department shall access criminal history record 10 information as defined in the Illinois Uniform Conviction 11 Information Act and information maintained in the 12 adjudicatory and dispositional record system as defined in 13 Section 2605-355 of the Department of State Police Law (20 14 ILCS 2605/2605-355) if the Department determines the 15 information is necessary to perform its duties under the 16 Abused and Neglected Child Reporting Act, the Child Care Act 17 of 1969, and the Children and Family Services Act. The 18 Department shall provide for interactive computerized 19 communication and processing equipment that permits direct 20 on-line communication with the Department of State Police's 21 central criminal history data repository. The Department 22 shall comply with all certification requirements and provide 23 certified operators who have been trained by personnel from 24 the Department of State Police. In addition, one Office of 25 the Inspector General investigator shall have training in the 26 use of the criminal history information access system and 27 have access to the terminal. The Department of Children and 28 Family Services and its employees shall abide by rules and 29 regulations established by the Department of State Police 30 relating to the access and dissemination of this information. 31 (w) Within 120 days of August 20, 1995 (the effective 32 date of Public Act 89-392), the Department shall prepare and 33 submit to the Governor and the General Assembly, a written 34 plan for the development of in-state licensed secure child SB1591 Engrossed -93- LRB9111045EGfg 1 care facilities that care for children who are in need of 2 secure living arrangements for their health, safety, and 3 well-being. For purposes of this subsection, secure care 4 facility shall mean a facility that is designed and operated 5 to ensure that all entrances and exits from the facility, a 6 building or a distinct part of the building, are under the 7 exclusive control of the staff of the facility, whether or 8 not the child has the freedom of movement within the 9 perimeter of the facility, building, or distinct part of the 10 building. The plan shall include descriptions of the types 11 of facilities that are needed in Illinois; the cost of 12 developing these secure care facilities; the estimated number 13 of placements; the potential cost savings resulting from the 14 movement of children currently out-of-state who are projected 15 to be returned to Illinois; the necessary geographic 16 distribution of these facilities in Illinois; and a proposed 17 timetable for development of such facilities. 18 (Source: P.A. 90-11, eff. 1-1-98; 90-27, eff. 1-1-98; 90-28, 19 eff. 1-1-98; 90-362, eff. 1-1-98; 90-590, eff. 1-1-99; 20 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-239, eff. 21 1-1-00; 91-357, eff. 7-29-99; revised 8-6-99.) 22 Section 15. The Department of Children and Family 23 Services Powers Law of the Civil Administrative Code of 24 Illinois is amended by changing Section 510-5 as follows: 25 (20 ILCS 510/510-5) 26 Sec. 510-5. Definition. As used in this Article 51030, 27 "Department" means the Department of Children and Family 28 Services. 29 (Source: P.A. 91-239, eff. 1-1-00; revised 11-5-99.) 30 Section 16. The Department of Commerce and Community 31 Affairs Law of the Civil Administrative Code of Illinois is SB1591 Engrossed -94- LRB9111045EGfg 1 amended by changing Sections 605-55, 605-385, 605-415, 2 605-615, 605-705, 605-800, 605-850, 605-855, 605-860, and 3 605-940 and renumbering Sections 46.6d, 46.19k, 46.34a, 4 46.34b, 46.70, 46.71, 46.75, and 46.76 as follows: 5 (20 ILCS 605/605-55) (was 20 ILCS 605/46.21) 6 Sec. 605-55. Contracts and other acts to accomplish 7 Department's duties. To make and enter into contracts, 8 including but not limited to making grants and loans to units 9 of local government, private agencies as defined in the 10 Illinois State Auditing Act, non-profit corporations, 11 educational institutions, and for-profit businesses as 12 authorized pursuant to appropriations by the General Assembly 13 from the Build Illinois Bond Fund, the Build Illinois 14 Purposes Fund, the Fund for Illinois' Future, the Capital 15 Development Fund, and the General Revenue Fund, and generally 16 to do all things that, in its judgment, may be necessary, 17 proper, and expedient in accomplishing its duties. 18 (Source: P.A. 91-34, eff. 7-1-99; 91-239, eff. 1-1-00; 19 revised 8-3-99.) 20 (20 ILCS 605/605-111) (was 20 ILCS 605/46.34a) 21 Sec. 605-111. Transfer relating to the Illinois Main 22 Street Program.46.34a.To assume from the Office of the 23 Lieutenant Governor on July 1, 1999, all personnel, books, 24 records, papers, documents, property both real and personal, 25 and pending business in any way pertaining to the Illinois 26 Main Street Program. All personnel transferred pursuant to 27 this Section shall receive certified status under the 28 Personnel Code. 29 (Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.) 30 (20 ILCS 605/605-112) (was 20 ILCS 605/46.34b) 31 Sec. 605-112. Transfer relating to the State Data SB1591 Engrossed -95- LRB9111045EGfg 1 Center.46.34b.To assume from the Executive Office of the 2 Governor, Bureau of the Budget, on July 1, 1999, all 3 personnel, books, records, papers, documents, property both 4 real and personal, and pending business in any way pertaining 5 to the State Data Center, established pursuant to a 6 Memorandum of Understanding entered into with the Census 7 Bureau pursuant to 15 U.S.C. Section 1525. All personnel 8 transferred pursuant to this Section shall receive certified 9 status under the Personnel Code. 10 (Source: P.A. 91-25, eff. 6-9-99; revised 8-2-99.) 11 (20 ILCS 605/605-323) (was 20 ILCS 605/46.76) 12 Sec. 605-323.46.76.Energy Assistance Contribution 13 Fund. 14 (a) The Department may accept gifts, grants, awards, 15 matching contributions, interest income, appropriations, and 16 cost sharings from individuals, businesses, governments, and 17 other third-party sources, on terms that the Director deems 18 advisable, to assist eligible households, businesses, 19 industries, educational institutions, hospitals, health care 20 facilities, and not-for-profit entities to obtain and 21 maintain reliable and efficient energy related services, or 22 to improve the efficiency of such services. 23 (b) The Energy Assistance Contribution Fund is created 24 as a special fund in the State Treasury, and all moneys 25 received under this Section shall be deposited into that 26 Fund. Moneys in the Energy Assistance Contribution Fund may 27 be expended for purposes consistent with the conditions under 28 which those moneys are received, subject to appropriations 29 made by the General Assembly for those purposes. 30 (Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.) 31 (20 ILCS 605/605-385) (was 20 ILCS 605/46.62) 32 Sec. 605-385. Technology Challenge Grant Program; SB1591 Engrossed -96- LRB9111045EGfg 1 IllinoisAdvancedTechnology Enterprise Development and 2 Investment Program. To establish and administer a Technology 3 Challenge Grant Program and an Illinois Technology Enterprise 4 Development and Investment Program as provided by the 5 Technology Advancement and Development Act and to expend 6 appropriations in accordance therewith. 7 (Source: P.A. 91-239, eff. 1-1-00; 91-476, eff. 8-11-99; 8 revised 10-20-99.) 9 (20 ILCS 605/605-415) 10 Sec. 605-415. Job Training and Economic Development 11 Grant Program. 12 (a) Legislative findings. The General Assembly finds 13 that: 14 (1) Despite the large number of unemployed job 15 seekers, many employers are having difficulty matching 16 the skills they require with the skills of workers; a 17 similar problem exists in industries where overall 18 employment may not be expanding but there is an acute 19 need for skilled workers in particular occupations. 20 (2) The State of Illinois should foster local 21 economic development by linking the job training of 22 unemployed disadvantaged citizens with the workforce 23 needs of local business and industry. 24 (3) Employers often need assistance in developing 25 training resources that will provide work opportunities 26 for disadvantaged populations. 27 (b) Definitions. As used in this Section: 28 "Community based provider" means a not-for-profit 29 organization, with local boards of directors, that directly 30 provides job training services. 31 "Disadvantaged persons" has the same meaning as in Titles 32 II-A and II-C of the federal Job Training Partnership Act. 33 "Training partners" means a community-based provider and SB1591 Engrossed -97- LRB9111045EGfg 1 one or more employers who have established training and 2 placement linkages. 3 (c) From funds appropriated for that purpose, the 4 Department of Commerce and Community Affairs shall administer 5 a Job Training and Economic Development Grant Program. The 6 Director shall make grants to community-based providers. The 7 grants shall be made to support the following: 8 (1) Partnerships between community-based providers 9 and employers for the customized training of existing 10 low-skilled, low-wage employees and newly hired 11 disadvantaged persons. 12 (2) Partnerships between community-based providers 13 and employers to develop and operate training programs 14 that link the work force needs of local industry with the 15 job training of disadvantaged persons. 16 (d) For projects created under paragraph (1) of 17 subsection (c): 18 (1) The Department shall give a priority to 19 projects that include an in-kind match by an employer in 20 partnership with a community-based provider and projects 21 that use instructional materials and training instructors 22 directly used in the specific industry sector of the 23 partnership employer. 24 (2) The partnership employer must be an active 25 participant in the curriculum development and train 26 primarily disadvantaged populations. 27 (e) For projects created under paragraph (2) of 28 subsection (c): 29 (1) Community based organizations shall assess the 30 employment barriers and needs of local residents and work 31 in partnership with local economic development 32 organizations to identify the priority workforce needs of 33 the local industry. 34 (2) Training partners (that is, community-based SB1591 Engrossed -98- LRB9111045EGfg 1 organizations and employers) shall work together to 2 design programs with maximum benefits to local 3 disadvantaged persons and local employers. 4 (3) Employers must be involved in identifying 5 specific skill-training needs, planning curriculum, 6 assisting in training activities, providing job 7 opportunities, and coordinating job retention for people 8 hired after training through this program and follow-up 9 support. 10 (4) The community-based organizations shall serve 11 disadvantaged persons, including welfare recipients. 12 (f) The Department shall adopt rules for the grant 13 program and shall create a competitive application procedure 14 for those grants to be awarded beginning in fiscal year 1998. 15 Grants shall be based on a performance based contracting 16 system. Each grant shall be based on the cost of providing 17 the training services and the goals negotiated and made a 18 part of the contract between the Department and the training 19 partners. The goals shall include the number of people to be 20 trained, the number who stay in the program, the number who 21 complete the program, the number who enter employment, their 22 wages, and the number who retain employment. The level of 23 success in achieving employment, wage, and retention goals 24 shall be a primary consideration for determining contract 25 renewals and subsequent funding levels. In setting the 26 goals, due consideration shall be given to the education, 27 work experience, and job readiness of the trainees; their 28 barriers to employment; and the local job market. Periodic 29 payments under the contracts shall be based on the degree to 30 which the relevant negotiated goals have been met during the 31 payment period. 32 (Source: P.A. 90-474, eff. 1-1-98; 90-655, eff. 7-30-98; 33 90-758, eff. 8-14-98; 91-34, eff. 7-1-99; 91-239, eff. 34 1-1-00; revised 8-3-99.) SB1591 Engrossed -99- LRB9111045EGfg 1 (20 ILCS 605/605-420) (was 20 ILCS 605/46.75) 2 Sec. 605-420.46.75.Federal Workforce Development Fund. 3 (a) The Department may accept gifts, grants, awards, 4 matching contributions, interest income, appropriations, and 5 cost sharings from individuals, businesses, governments, and 6 other third-party sources, on terms that the Director deems 7 advisable, for any or all of the following purposes: 8 (1) to assist recipients, including recipients 9 under the Temporary Assistance to Needy Families (TANF) 10 program, to obtain and retain employment and become 11 economically self-sufficient; 12 (2) to assist economically disadvantaged and other 13 youth to make a successful transition from school to 14 work; and 15 (3) to assist other individuals targeted for 16 services through education, training, and workforce 17 development programs to obtain employment-related skills 18 and obtain employment. 19 (b) The Federal Workforce Development Fund is created as 20 a special fund in the State Treasury, and all moneys received 21 under this Section shall be deposited into that Fund. Moneys 22 in the Federal Workforce Development Fund may be expended for 23 purposes consistent with the conditions under which those 24 moneys are received, subject to appropriations made by the 25 General Assembly for those purposes. 26 (Source: P.A. 91-34, eff. 7-1-99; revised 8-3-99.) 27 (20 ILCS 605/605-512) (was 20 ILCS 605/46.70) 28 (Section scheduled to be repealed on December 31, 2004) 29 Sec. 605-512.46.70.Small business incubator grants. 30 (a) Subject to availability of funds in the Small 31 Business Incubator Fund, the Director of Commerce and 32 Community Affairs may make grants to eligible small business 33 incubators in an amount not to exceed 50% of State income SB1591 Engrossed -100- LRB9111045EGfg 1 taxes paid in the previous calendar year by qualified tenant 2 businesses subject to the restrictions of this Section. 3 (b) There is created a special fund in the State 4 Treasury known as the Small Business Incubator Fund. The 5 money in the Fund may be used only for making grants under 6 subsection (a) of this Section. The Department of Revenue 7 shall certify by March 1 of each year to the General 8 Assembly the amount of State income taxes paid by qualified 9 tenant businesses in the previous year. The Department of 10 Revenue may, by rule, prescribe forms necessary to identify 11 qualified tenant businesses under this Section. An amount 12 equal to 50% of the amount certified by the Department of 13 Revenue shall be appropriated into the Fund annually. 14 (c) Eligible small business incubators that receive a 15 grant under this Section may use the grant only for capital 16 improvements on the building housing the eligible small 17 business incubator. Each small business incubator shall be 18 eligible for a grant equal to no more than 50% of the amount 19 of State income taxes paid in the previous year by qualified 20 tenant businesses of the small business incubator, minus 21 administrative costs. The eligible small business incubator 22 must keep written records of the use of the grant money for a 23 period of 5 years from disbursement. 24 (d) By April 1 of each year, an eligible small business 25 incubator may apply for a grant under this Section on forms 26 developed by the Department. The Department may require 27 applicants to provide proof of eligibility. Upon review of 28 the applications, the Director of Commerce and Community 29 Affairs shall approve or disapprove the application. At the 30 start of each fiscal year or upon approval of the budget for 31 that fiscal year, whichever is later, the Director shall 32 determine the amount of funds available for grants under this 33 Section and shall then approve the grants. 34 (e) For purposes of this Section: SB1591 Engrossed -101- LRB9111045EGfg 1 (1) "Eligible small business incubator" means an 2 entity that is dedicated to the successful development of 3 entrepreneurial companies, has a specific written policy 4 identifying requirements for a business "to graduate" 5 from the incubator, either owns or leases real estate in 6 which qualified tenant businesses operate, and provides 7 all of the following services: management guidance, 8 rental spaces, shared basic business equipment, 9 technology support services, and assistance in obtaining 10 financing. 11 (2) "Qualified tenant business" means a business 12 that currently leases space from an eligible small 13 business incubator, is less than 5 years old, and either 14 has not fulfilled the eligible small business incubator's 15 graduation requirements or has fulfilled these 16 requirements within the last 5 years. 17 (f) Five percent of the amount that is appropriated 18 annually into the Small Business Incubator Fund shall be 19 allotted to the Department of Commerce and Community Affairs 20 for the purpose of administering, overseeing, and evaluating 21 the grant process and outcome. 22 (g) This Section is repealed on December 31, 2004. 23 The evaluation of the effectiveness of the grant process 24 and subsequent outcome of job and business creation shall 25 recommend the continuation or the repeal of this Section and 26 shall be submitted to the Governor and the General Assembly 27 before December 31, 2003. 28 (Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.) 29 (20 ILCS 605/605-550) (was 20 ILCS 605/46.71) 30 Sec. 605-550.46.71.Model domestic violence and sexual 31 assault employee awareness and assistance policy. 32 (a) The Department shall convene a task force including 33 members of the business community, employees, employee SB1591 Engrossed -102- LRB9111045EGfg 1 organizations, representatives from the Department of Labor, 2 and directors of domestic violence and sexual assault 3 programs, including representatives of statewide advocacy 4 organizations for the prevention of domestic violence and 5 sexual assault, to develop a model domestic violence and 6 sexual assault employee awareness and assistance policy for 7 businesses. 8 The Department shall give due consideration to the 9 recommendations of the Governor, the President of the Senate, 10 and the Speaker of the House of Representatives for 11 participation by any person on the task force, and shall make 12 reasonable efforts to assure regional balance in membership. 13 (b) The purpose of the model employee awareness and 14 assistance policy shall be to provide businesses with the 15 best practices, policies, protocols, and procedures in order 16 that they ascertain domestic violence and sexual assault 17 awareness in the workplace, assist affected employees, and 18 provide a safe and helpful working environment for employees 19 currently or potentially experiencing the effects of domestic 20 violence or sexual assault. The model plan shall include but 21 not be limited to: 22 (1) the establishment of a definite corporate 23 policy statement recognizing domestic violence and sexual 24 assault as workplace issues as well as promoting the need 25 to maintain job security for those employees currently 26 involved in domestic violence or sexual assault disputes; 27 (2) policy and service publication requirements, 28 including posting these policies and service availability 29 pamphlets in break rooms, on bulletin boards, and in 30 restrooms, and transmitting them through other 31 communication methods; 32 (3) a listing of current domestic violence and 33 sexual assault community resources such as shelters, 34 crisis intervention programs, counseling and case SB1591 Engrossed -103- LRB9111045EGfg 1 management programs, and legal assistance and advocacy 2 opportunities for affected employees; 3 (4) measures to ensure workplace safety including, 4 where appropriate, designated parking areas, escort 5 services, and other affirmative safeguards; 6 (5) training programs and protocols designed to 7 educate employees and managers in how to recognize, 8 approach, and assist employees experiencing domestic 9 violence or sexual assault, including both victims and 10 batterers; and 11 (6) other issues as shall be appropriate and 12 relevant for the task force in developing the model 13 policy. 14 (c) The model policy shall be reviewed by the task force 15 to assure consistency with existing law and shall be made the 16 subject of public hearings convened by the Department 17 throughout the State at places and at times which are 18 convenient for attendance by the public, after which the 19 policy shall be reviewed by the task force and amended as 20 necessary to reflect concerns raised at the hearings. If 21 approved by the task force, the model policy shall be 22 provided as approved with explanation of its provisions to 23 the Governor and the General Assembly not later than one year 24 after the effective date of this amendatory Act of the 91st 25 General Assembly. The Department shall make every effort to 26 notify businesses of the availability of the model domestic 27 violence and sexual assault employee awareness and assistance 28 policy. 29 (d) The Department, in consultation with the task force, 30 providers of services, the advisory council, the Department 31 of Labor, and representatives of statewide advocacy 32 organizations for the prevention of domestic violence and 33 sexual assault, shall provide technical support, information, 34 and encouragement to businesses to implement the provisions SB1591 Engrossed -104- LRB9111045EGfg 1 of the model. 2 (e) Nothing contained in this Section shall be deemed to 3 prevent businesses from adopting their own domestic violence 4 and sexual assault employee awareness and assistance policy. 5 (f) The Department shall survey businesses within 4 6 years of the effective date of this amendatory Act of the 7 91st General Assembly to determine the level of model policy 8 adoption amongst businesses and shall take steps necessary to 9 promote the further adoption of such policy. 10 (Source: P.A. 91-592, eff. 8-14-99; revised 10-26-99.) 11 (20 ILCS 605/605-615) (was 20 ILCS 605/46.19e) 12 Sec. 605-615. Assistance with exports. The Department 13 shall have the following duties and responsibilities in 14 regard to the Civil Administrative Code of Illinois: 15 (1) To establish or cosponsor mentoring conferences, 16 utilizing experienced manufacturing exporters, to explain and 17 provide information to prospective export manufacturers and 18 businesses concerning the process of exporting to both 19 domestic and international opportunities. 20 (2) To provide technical assistance to prospective 21 export manufacturers and businesses seeking to establish 22 domestic and international export opportunities. 23 (3) To coordinate with the Department's Small Business 24 Development Centers to link buyers with prospective export 25 manufacturers and businesses. 26 (4) To promote, both domestically and abroad, products 27 made in Illinois in order to informand adviseconsumers and 28 buyers of their high quality standards and craftsmanship. 29 (5) To provide technical assistance toward establishment 30 of export trade corporations in the private sector. 31 (6) To develop an electronic data base to compile 32 information on international trade and investment activities 33 in Illinois companies, provide access to research and SB1591 Engrossed -105- LRB9111045EGfg 1 business opportunities through external data bases, and 2 connect this data base through international communication 3 systems with appropriate domestic and worldwide networks 4 users. 5 (7) To collect and distribute to foreign commercial 6 libraries directories, catalogs, brochures, and other 7 information of value to foreign businesses considering doing 8 business in this State. 9 (8) To establish an export finance awareness program to 10 provide information to banking organizations about methods 11 used by banks to provide financing for businesses engaged in 12 exporting and about other State and federal programs to 13 promote and expedite export financing. 14 (9) To undertake a survey of Illinois' businesses to 15 identify exportable products and the businesses interested in 16 exporting. 17 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 18 revised 8-5-99.) 19 (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) 20 Sec. 605-705. Grants to local tourism and convention 21 bureaus. 22 (a) To establish a grant program for local tourism and 23 convention bureaus. The Department will develop and 24 implement a program for the use of funds, as authorized under 25 this Act, by local tourism and convention bureaus. For the 26 purposes of this Act, bureaus eligible to receive funds are 27 defined as those bureaus in legal existence as of January 1, 28 1985 that are either a unit of local government or 29 incorporated as a not-for-profit organization, are affiliated 30 with at least one municipality or county, and employ one full 31 time staff person whose purpose is to promote tourism. Each 32 bureau receiving funds under this Act will be certified by 33 the Department as the designated recipient to serve an area SB1591 Engrossed -106- LRB9111045EGfg 1 of the State. These funds may not be used in support of the 2 Chicago World's Fair. 3 (b) To distribute grants to local tourism and convention 4 bureaus from appropriations made from the Local Tourism Fund 5 for that purpose. Of the amounts appropriated annually to 6 the Department for expenditure under this Section, one-third 7 of those monies shall be used for grants to convention and 8 tourism bureaus in cities with a population greater than 9 500,000. The remaining two-thirds of the annual 10 appropriation shall be used for grants to convention and 11 tourism bureaus in the remainder of the State, in accordance 12 with a formula based upon the population served. The 13 Department may reserve up to 10% of the total appropriated to 14 conduct audits of grants, to provide incentive funds to those 15 bureaus that will conduct promotional activities designed to 16 further the Department's statewide advertising campaign, to 17 fund special statewide promotional activities, and to fund 18 promotional activities that support an increased use of the 19 State's parks or historic sites. 20 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00; 21 91-357, eff. 7-29-99; revised 8-4-99.) 22 (20 ILCS 605/605-707) (was 20 ILCS 605/46.6d) 23 Sec. 605-707.46.6d.International Tourism Program. 24 (a) The Department of Commerce and Community Affairs 25 must establish a grant program for international tourism. 26 The Department shall develop and implement the program on 27 January 1, 2000 by rule. As part of the program, the 28 Department shall assist the City of Chicago's Office of 29 Tourism and other convention and tourism bureaus in Chicago 30 in the formation of the Illinois Partnership for 31 International Meetings and Tourism under the General Not For 32 Profit Corporation Act of 1986. The Partnership's Board of 33 Directors shall consist of the Director of Commerce and SB1591 Engrossed -107- LRB9111045EGfg 1 Community Affairs or his or her designee, the chief executive 2 of the City of Chicago's Office of Tourism, and 3 members 3 appointed by the Director of Commerce and Community Affairs. 4 One of the Director's appointees shall be a person with 5 leadership experience at a convention and tourism bureau in 6 Chicago certified by the Department, and 2 of the Director's 7 appointees shall be persons with leadership experience at 8 convention and tourism bureaus in the State outside the City 9 of Chicago certified by the Department with active 10 international tourism marketing programs. The powers and 11 duties of the Partnership shall be to (i) work with the 12 Department for efficient use of their international tourism 13 marketing resources, (ii) promote Illinois in international 14 meetings and tourism markets, (iii) work with convention and 15 tourism bureaus throughout the State to increase the number 16 of international tourists to Illinois, and (iv) provide 17 training, technical support, and grants to convention and 18 tourism bureaus in cities other than Chicago. 19 (b) The Department shall make the grants from money in 20 the International Tourism Fund, a special fund created in the 21 State Treasury. Of the amounts deposited into the Fund in 22 fiscal year 2000 after January 1, 2000, 55% shall be used for 23 grants to convention and tourism bureaus in Chicago (other 24 than the City of Chicago's Office of Tourism) and 45% shall 25 be used for grants to the Illinois Partnership for 26 International Meetings and Tourism. Of the amounts deposited 27 into the Fund in fiscal year 2001 and thereafter, 27.5% shall 28 be used for grants to the City of Chicago's Office of 29 Tourism, 27.5% shall be used for grants to other convention 30 and tourism bureaus in Chicago, and 45% shall be used for 31 grants to the Illinois Partnership for International Meetings 32 and Tourism. Of the amounts granted to the Partnership, not 33 less than $1,000,000 shall be used annually to make grants to 34 convention and tourism bureaus in cities other than Chicago SB1591 Engrossed -108- LRB9111045EGfg 1 that demonstrate their international tourism appeal and 2 request to develop or expand their international tourism 3 marketing program. 4 (c) A convention and tourism bureau is eligible to 5 receive grant moneys under this Section if the bureau (i) is 6 a unit of local government or is an entity established under 7 the General Not For Profit Corporation Act of 1986, (ii) is 8 affiliated with at least one municipality or county, (iii) 9 employs at least one full-time staff person, and (iv) is 10 certified by the Department as the designated recipient to 11 serve an area of the State. The City of Chicago's Office of 12 Tourism and all convention and tourism bureaus must provide 13 matching funds equal to the grant to be eligible to receive 14 the grant. Grants received by the City of Chicago's Office 15 of Tourism and by convention and tourism bureaus in Chicago 16 may be expended for the general purposes of promoting 17 conventions and tourism. 18 (Source: P.A. 91-604, eff. 8-16-99; revised 12-10-99.) 19 (20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part) 20 Sec. 605-800. Training grants for skills in critical 21 demand. 22 (a) Grants to provide training in fields affected by 23 critical demands for certain skills may be made as provided 24 in this Section. 25 (b) The Director may make grants to eligible employers 26 or to other eligible entities on behalf of employers as 27 authorized in subsection (c) to provide training for 28 employees in fields for which there are critical demands for 29 certain skills. 30 (c) The Director may accept applications for training 31 grant funds and grant requests from: (i) entities sponsoring 32 multi-company eligible employee training projects as defined 33 in subsection (d), including business associations, strategic SB1591 Engrossed -109- LRB9111045EGfg 1 business partnerships, institutions of secondary or higher 2 education, large manufacturers for supplier network 3 companies, federal Job Training Partnership Act 4 administrative entities or grant recipients, and labor 5 organizations when those projects will address common 6 training needs identified by participating companies; and 7 (ii) individual employers that are undertaking eligible 8 employee training projects as defined in subsection (d), 9 including intermediaries and training agents. 10 (d) The Director may make grants to eligible applicants 11 as defined in subsection (c) for employee training projects 12 that include, but need not be limited to, one or more of the 13 following: 14 (1) Training programs in response to new or 15 changing technology being introduced in the workplace. 16 (2) Job-linked training that offers special skills 17 for career advancement or that is preparatory for, and 18 leads directly to, jobs with definite career potential 19 and long-term job security. 20 (3) Training necessary to implement total quality 21 management or improvement or both management and 22 improvement systems within the workplace. 23 (4) Training related to new machinery or equipment. 24 (5) Training of employees of companies that are 25 expanding into new markets or expanding exports from 26 Illinois. 27 (6) Basic, remedial, or both basic and remedial 28 training of employees as a prerequisite for other 29 vocational or technical skills training or as a condition 30 for sustained employment. 31 (7) Self-employment training of the unemployed and 32 underemployed with comprehensive, competency-based 33 instructional programs and services, entrepreneurial 34 education and training initiatives for youth and adult SB1591 Engrossed -110- LRB9111045EGfg 1 learners in cooperation with the Illinois Institute for 2 Entrepreneurial Education, training and education, 3 conferences, workshops, and best practice information for 4 local program operators of entrepreneurial education and 5 self-employment training programs. 6 (8) Other training activities or projects, or both 7 training activities and projects, related to the support, 8 development, or evaluation of job training programs, 9 activities, and delivery systems, including training 10 needs assessment and design. 11 (e) Grants shall be made on the terms and conditions 12 that the Department shall determine. No grant made under 13 subsection (d), however, shall exceed 50% of the direct costs 14 of all approved training programs provided by the employer or 15 the employer's training agent or other entity as defined in 16 subsection (c). Under this Section, allowable costs include, 17 but are not limited to: 18 (1) Administrative costs of tracking, documenting, 19 reporting, and processing training funds or project 20 costs. 21 (2) Curriculum development. 22 (3) Wages and fringe benefits of employees. 23 (4) Training materials, including scrap product 24 costs. 25 (5) Trainee travel expenses. 26 (6) Instructor costs, including wages, fringe 27 benefits, tuition, and travel expenses. 28 (7) Rent, purchase, or lease of training equipment. 29 (8) Other usual and customary training costs. 30 (f) The Director will ensure that a minimum of one 31 on-site grant monitoring visit is conducted by the Department 32 either during the course of the grant period or within 6 33 months following the end of the grant period. The Department 34 shall verify that the grantee's financial management system SB1591 Engrossed -111- LRB9111045EGfg 1 is structured to provide for accurate, current, and complete 2 disclosure of the financial results of the grant program in 3 accordance with all provisions, terms, and conditions 4 contained in the grant contract. 5 (g) The Director may establish and collect a schedule of 6 charges from subgrantee entities and other system users under 7 federal job-training programs for participating in and 8 utilizing the Department's automated job-training program 9 information systems if the systems and the necessary 10 participation and utilization are requirements of the federal 11 job-training programs. All monies collected pursuant to this 12 subsection shall be deposited into the Federal Job-Training 13 Information Systems Revolving Fund created in Section 605-805 1435-805. 15 (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00; 16 91-476, eff. 8-11-99; revised 10-20-99.) 17 (20 ILCS 605/605-817) (was 20 ILCS 605/46.19k) 18 Sec. 605-817.46.19k.Family loan program. 19 (a) From amounts appropriated for such purpose, the 20 Department in consultation with the Department of Human 21 Services shall solicit proposals to establish programs to be 22 known as family loan programs. Such programs shall provide 23 small, no-interest loans to custodial parents with income 24 below 200% of the federal poverty level an who are working or 25 enrolled in a post-secondary education program, to aid in 26 covering the costs of unexpected expenses that could 27 interfere with their ability to maintain employment or 28 continue education. Loans awarded through a family loan 29 program may be paid directly to a third party on behalf of a 30 loan recipient and in either case shall not constitute income 31 or resources for the purposes of public assistance and care 32 so long as the funds are used for the intended purpose. 33 (b) The Director shall enter into written agreements SB1591 Engrossed -112- LRB9111045EGfg 1 with not-for-profit organizations or local government 2 agencies to administer loan pools. Agreements shall be 3 entered into with no more than 4 organizations or agencies, 4 no more than one of which shall be located in the city of 5 Chicago. 6 (c) Program sites shall be approved based on the 7 demonstrated ability of the organization or governmental 8 agency to secure funding from private or public sources 9 sufficient to establish a loan pool to be maintained through 10 repayment agreements entered into by eligible low-income 11 families. Funds awarded by the Department to approved 12 program sites shall be used for the express purposes of 13 covering staffing and administration costs associated with 14 administering the loan pool. 15 (Source: P.A. 91-372, eff. 1-1-00; revised 8-11-99.) 16 (20 ILCS 605/605-850) (was 20 ILCS 605/46.32a in part) 17 Sec. 605-850. Labor-management-community relations; 18 Labor-Management-CommunityLabor-ManagementCooperation 19 Committee. 20 (a) Because economic development investment programs 21 must be supplemented with efforts to maintain a skilled, 22 stable, and diverse workforce able to meet the needs of new 23 and growing business enterprises, the Department shall 24 promote better labor-management-community and government 25 operations by providing assistance in the development of 26 local labor-management-community committees and coalitions 27 established to address employment issues facing families and 28 by helping Illinois current and prospective employers attract 29 and retain a diverse and productive workforce through the 30 promotion and support of dependent care policies and programs 31 in the workplace and community. 32 (b) In the Department there shall be a 33 Labor-Management-Community Cooperation Committee composed of SB1591 Engrossed -113- LRB9111045EGfg 1 18 public members appointed by the Governor with the advice 2 and consent of the Senate. Six members shall represent 3 executive level management of businesses, 6 members shall 4 represent major labor union leadership, and 6 members shall 5 represent community leadership. The Governor shall designate 6 one1business representative and one1labor representative 7 as cochairmen. Appointed members shall not be represented at 8 a meeting by another person. There shall be 9 ex officio 9 nonvoting members: the Director, who shall serve as 10 Secretary, the Director of Labor, the Secretary of Human 11 Services, the Director of Public Health, the Director of 12 Employment Security, the President of the Senate, the 13 Minority Leader of the Senate, the Speaker of the House of 14 Representatives, and the Minority Leader of the House of 15 Representatives. Each ex officio member shall serve during 16 the term of his or her office. Ex officio members may be 17 represented by duly authorized substitutes. 18 In making the initial public member appointments to the 19 Committee, 3 of the business representatives and 3 of the 20 labor union representatives shall be appointed for terms 21 expiring July 1, 1987. The remaining public members shall be 22 appointed for terms expiring July 1, 1988. The public 23 members appointed under this amendatory Act of the 91st 24 General Assembly shall be divided into 2 groups with the 25 first group having terms that expire on July 1, 2002 and the 26 second group having terms that expire on July 1, 2003. 27 Thereafter, public members of the Committee shall be 28 appointed for terms of 2 years expiring on July 1, or until 29 their successors are appointed and qualified. The Governor 30 may at any time, with the advice and consent of the Senate, 31 make appointments to fill vacancies for the balance of an 32 unexpired term. Public members shall serve without 33 compensation but shall be reimbursed by the Department for 34 necessary expenses incurred in the performance of their SB1591 Engrossed -114- LRB9111045EGfg 1 duties. The Department shall provide staff assistance to the 2 Committee. 3 (c) The Committee shall have the following duties: 4 (1) To improve communications between labor, 5 management, and communities on significant economic 6 problems facing the State, especially with respect to 7 identifying new ways to attract and retain employees and 8 provide an environment in which employees can do their 9 best work. 10 (2) To encourage and support the development of 11 local labor, management, and community committees at the 12 plant, industry and area levels across the State and 13 encourage and support the development of local coalitions 14 to support the implementation of family-friendly policies 15 in the workplace. 16 (3) To assess the progress of area 17 labor-management-community committees and local 18 coalitions that have been formed across the State and 19 provide input to the Governor and General Assembly 20 concerning grant programs established in this Act. 21 (4) To convene a statewide conference on 22 labor-management-community concerns at least once every 2 23 years and to convene a series of regional work, family, 24 and community planning conferences throughout the State 25 for employers, unions, and community leaders to form 26 local coalitions to share information, pool resources, 27 and address work and family concerns in their own 28 communities. 29 (5) To issue a report on labor-management-community 30 and employment-related family concerns to the Governor 31 and the General Assembly every 2 years. This report 32 shall outline the accomplishments of the Committee and 33 specific recommendations for improving statewide 34 labor-management-community relations and supporting the SB1591 Engrossed -115- LRB9111045EGfg 1 adoption of family-friendly work practices throughout the 2 State.;3 (6) To advise the Department on dependent care and 4 other employment-related family initiatives.; and5 (7) To advise the Department on other initiatives 6 to foster maintenance and development of productive, 7 stable, and diverse workforces to supplement and advance 8 community and State investment-based economic development 9 programs. 10 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 11 91-476, eff. 8-11-99; revised 10-20-99.) 12 (20 ILCS 605/605-855) (was 20 ILCS 605/46.32a in part) 13 Sec. 605-855. Grants to local coalitions and 14 labor-management-communitylabor-managementcommittees. 15 (a) The Director, with the advice of the 16 Labor-Management-Community Cooperation Committee, shall have 17 the authority to provide grants to employee coalitions or 18 other coalitions that enhance or promote work and family 19 programs and address specific community concerns, and to 20 provide matching grants, grants, and other resources to 21 establish or assist area labor-management-community 22 committees and other projects that serve to enhance 23 labor-management-community relations. The Department shall 24 have the authority, with the advice of the 25 Labor-Management-Community Cooperation Committee, to award 26 grants or matching grants in thefollowing 4areasas27 provided in subsections (b) through (g)(e). 28 (b)To provide 60%Matching grants to existing local 29 labor-management-community committees. To be eligible for 30 matching grants pursuant to this subsection, local 31 labor-management-community committees shall meet all of the 32 following criteria: 33 (1) Be a formal, not-for-profit organization SB1591 Engrossed -116- LRB9111045EGfg 1 structured for continuing service with voluntary 2 membership. 3 (2) Be composed of labor, management, and community 4 representatives. 5 (3) Service a distinct and identifiable geographic 6 region. 7 (4) Be staffed by a professional chief executive 8 officer. 9 (5) Have been established with the Department for 10 at least 2 years. 11 (6) Operate in compliance with rules set forth by 12 the Department with the advice of the 13 Labor-Management-Community Cooperation Committee. 14 (7) Ensure that their efforts and activities are 15 coordinated with relevant agencies, including but not 16 limited to the following: 17 Department of Commerce and Community Affairs 18 Illinois Department of Labor 19 Economic development agencies 20 Planning agencies 21 Colleges, universities, and community colleges 22 U.S. Department of Labor 23 Statewide Job Training Partnership Act entities 24 or entities under any successor federal workforce 25 training and development legislation. 26 Further, the purpose of the local 27 labor-management-community committees will include, but not 28 be limited to, the following: 29 (i)(8)Enhancing the positive 30 labor-management-community relationship within the State, 31 region, community, and/or work place. 32 (ii)(9)Assisting in the retention, expansion, and 33 attraction of businesses and jobs within the State 34 through special training programs, gathering and SB1591 Engrossed -117- LRB9111045EGfg 1 disseminating information, and providing assistance in 2 local economic development efforts as appropriate. 3 (iii)(10)Creating and maintaining a regular 4 nonadversarial forum for ongoing dialogue between labor, 5 management, and community representatives to discuss and 6 resolve issues of mutual concern outside the realm of the 7 traditional collective bargaining process. 8 (iv)(11)Acting as an intermediary for initiating 9 local programs between unions and employers that would 10 generally improve economic conditions in a region. 11 (v)(12)Encouraging, assisting, and facilitating 12 the development of work-site and industry 13 labor-management-community committees in the region. 14 Any local labor-management-community committee meeting 15 these criteria may apply to the Department for annual 16 matching grants, provided that the local committee 17 contributes at least 25% in matching funds, of which no more 18 than 50% shall be "in-kind" services. Funds received by a 19 local committee pursuant to this subsection shall be used for 20 the ordinary operating expenses of the local committee. 21 (c)To provide 20%Matching grants to local 22 labor-management-community committees that do not meet all of 23 the eligibility criteria set forth in subsection (b). 24 However, to be eligible to apply for a grant under this 25 subsection (c), the local labor-management-community 26 committee, at a minimum, shall meet all of the following 27 criteria: 28 (1) Be composed of labor, management, and community 29 representatives. 30 (2) Service a distinct and identifiable geographic 31 region. 32 (3) Operate in compliance with the rules set forth 33 by the Department with the advice of the 34 Labor-Management-Community Cooperation Committee. SB1591 Engrossed -118- LRB9111045EGfg 1 (4) Ensure that its efforts and activities are 2 directed toward enhancing the labor-management-community 3 relationship within the State, region, community, and/or 4 work place. 5 Any local labor-management-community committee meeting 6 these criteria may apply to the Department for an annual 7 matching grant, provided that the local committee contributes 8 at least 25% in matching funds of which no more than 50% 9 shall be "in-kind" services. Funds received by a local 10 committee pursuant to this subsection (c) shall be used for 11 the ordinary and operating expenses of the local committee. 12 Eligible committees shall be limited to 3 years of funding 13 under this subsection. With respect to those committees 14 participating in this program prior to enactment of this 15 amendatory Act of 1988 that fail to qualify under paragraph 16 (1) of this subsection (c), previous years' funding shall be 17 counted in determining whether those committees have reached 18 their funding limit under this subsection (c)paragraph (2). 19 (d)To provide 10%Grants to develop and conduct 20 specialized education and training programs of direct benefit 21 to representatives of labor, management, 22 labor-management-community committees and/or their staff. 23 The type of education and training programs to be developed 24 and offered will be determined and prioritized annually by 25 the Department, with the advice of the 26 Labor-Management-Community Cooperation Committee. The 27 Department will develop and issue an annual request for 28 proposals detailing the program specifications. 29 (e)To provide 10%Grants for research and development 30 projects related to labor-management-community or 31 employment-related family issues. The Department, with the 32 advice of the Labor-Management-Community Cooperation 33 Committee, will develop and prioritize annually the type and 34 scope of the research and development projects deemed SB1591 Engrossed -119- LRB9111045EGfg 1 necessary. 2 (f)(5) To provideGrants of up to a maximum of $5,000 3 to support the planning of regional work, family, and 4 community planning conferences that will be based on specific 5 community concerns. 6 (g)(6) To provideGrants to initiate or support 7 recently created employer-led coalitions to establish pilot 8 projects that promote the understanding of the work and 9 family issues and support local workforce dependent care 10 services. 11 (h)(f)The Department is authorized to establish 12 applications and application procedures and promulgate any 13 rules deemed necessary in the administration of the grants. 14 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 15 91-476, eff. 8-11-99; revised 10-20-99.) 16 (20 ILCS 605/605-860) (was 20 ILCS 605/46.32a in part) 17 Sec. 605-860. Office of Work and Family IssuesLabor18Management Corporation. To administer the grant programs 19 created by this Law, the Department shall establish an Office 20 of Work and Family Issues. The purpose of this office shall 21 include, but not be limited to the following: 22 (1) To administer the grant programs, including 23 developing grant applications and requests for proposals, 24 program monitoring, and evaluation. 25 (2) To serve as State liaison with other state, 26 regional, and national organizations devoted to promoting 27 labor-management-community cooperation and 28 employment-related family issues; and to disseminate 29 pertinent information secured through these State, 30 regional, and national affiliations to local 31 labor-management-community committees, the 32 Labor-Management-Community Cooperation Committee, 33 employer coalitions, Illinois Employment and Training SB1591 Engrossed -120- LRB9111045EGfg 1 Centers, and other interested parties throughout the 2 State. 3 (3) To provide technical assistance to area, 4 industry, or work-site labor-management-community 5 committees as requested. 6 (4) To serve as a clearinghouse for information 7 related to labor-management-community cooperation. 8 (5) To serve as a catalyst to developing and 9 strengthening a partnership among local, State, regional, 10 and national organizations and agencies devoted to 11 enhancing labor-management-community cooperation and 12 employment-related family issues. 13 (6) To provide any other programs or services that 14 enhance labor-management-community cooperation or that 15 may promote the adoption of family-friendly workplace 16 practices at companies located within the State of 17 Illinois as determined by the Director with the advice of 18 the Labor-Management-Community Cooperation Committee. 19 (7) To establish an Illinois Work and Family 20 Clearinghouse to disseminate best-practice work and 21 family policies and practices throughout the State, 22 including through the Illinois Employment and Training 23 Centers; to provide and develop a computerized database 24 listing dependent care information and referral services; 25 to help employers by providing information about options 26 for dependent care assistance;,to conduct and compile 27 research on elder care, child care, and other 28 employment-related family issues in Illinois; and to 29 compile and disseminate any other information or services 30 that support the adoption of family-friendly workplace 31 practices at companies located in the State. 32 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 33 91-467, eff. 8-11-99; revised 10-20-99.) SB1591 Engrossed -121- LRB9111045EGfg 1 (20 ILCS 605/605-940) (was 20 ILCS 605/46.37) 2 Sec. 605-940. Clearing house for local government 3 problems; aid with financial and administrative matters. The 4 Department shall provide for a central clearing house for 5 information concerning local government problems and various 6 solutions to those problems and shall assist and aid local 7 governments of the State in matters relating to budgets, 8 fiscal procedures, and administration. In performing this 9 responsibility the Department shall have the power and duty 10 to do the following: 11 (1) Maintain communication with all local 12 governments and assist them, at their request, to improve 13 their administrative procedures and to facilitate 14 improved local government and development. 15 (2) Assemble and disseminate information concerning 16 State and federal programs, grants, gifts, and subsidies 17 available to local governments and to provide counsel and 18 technical services and other assistance in applying for 19 those programs, grants, gifts, and subsidies. 20 (3) Assist in coordinating activities by obtaining 21 information, on forms provided by the Department or by 22 receipt of proposals and applications, concerning State 23 and federal assisted programs, grants, gifts, and 24 subsidies applied for and received by all local 25 governments. 26 (4) Provide direct consultative services to local 27 governments upon request and provide staff services to 28 special commissions, the Governor, or the General 29 Assembly or its committees. 30 (5) Render advice and assistance with respect to 31 the establishment and maintenance of programs for the 32 training of local government officials and other 33 personnel. 34 (6) Act as the official State agency for the SB1591 Engrossed -122- LRB9111045EGfg 1 receipt and distribution of federal funds that are or may 2 be provided to the State on a flat grant basis for 3 distribution to local governments or in the event federal 4 law requires a State agency to implement programs 5 affecting local governments and for State funds that are 6 or may be provided for the use of local governments 7 unless otherwise provided by law. 8 (7) Administer laws relating to local government 9 affairs as the General Assembly may direct. 10 (8) Provide all advice and assistance to improve 11 local government administration, ensure the economical 12 and efficient provision of local government services, and 13 make the Civil Administrative Code of Illinois effective. 14 (9) Give advice and counsel on fiscal problems of 15 local governments of the State to those local 16 governments. 17 (10) Prepare uniform budgetary forms for use by the 18 local governments of the State. 19 (11) Assist and advise the local governments of the 20 State in matters pertaining to budgets, appropriation 21 requests and ordinances, the determination of property 22 tax levies and rates, and other matters of a financial 23 nature. 24 (12) Be a repository for financial reports and 25 statements required by law of local governments of the 26 State, and publish financial summaries of those reports 27 and statements. 28 (13) (Blank). 29 (14) Prepare proposals and advise on the investment 30 of idle local government funds. 31 (15) Administer the program of grants, loans, and 32 loan guarantees under the federal Public Works and 33 Economic Development Act of 1965, 42 U.S.C. 3121 and 34 following, and receive and disburse State and federal SB1591 Engrossed -123- LRB9111045EGfg 1 funds provided for that program and moneys received as 2 repayments of loans made under the program. 3 (16) After January 1, 1985, upon the request of 4 local governments, prepare and provide model financial 5 statement forms designed to communicate to taxpayers, 6 service consumers, voters, government employees, and news 7 media, in a non-technical manner, all significant 8 financial information regarding a particular local 9 government, and to prepare and provide to local 10 governments a summary of local governments' obligations 11 concerning the adoption of an annual operating budget. 12 The summary shall be set forth in a non-technical manner 13 and shall be designed principally for distribution to, 14 and the use of, taxpayers, service consumers, voters, 15 government employees, and news media. 16 (Source: P.A. 91-239, eff. 1-1-00; 91-583, eff. 1-1-00; 17 revised 10-26-99.) 18 Section 17. The Department of Employment Security Law of 19 the Civil Administrative Code of Illinois is amended by 20 changing Sections 1005-110 and 1005-130 as follows: 21 (20 ILCS 1005/1005-110) (was 20 ILCS 1005/44a) 22 Sec. 1005-110. Board of Review. The Board of Review in 23 the Department shall exercise all powers and be subject to 24 all duties conferred or imposed upon the Board by the 25 provisions of the Unemployment Insurance Act, in its own name 26 and without any direction, supervision, or control by the 27 Director. 28 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 29 revised 8-5-99.) 30 (20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14) 31 Sec. 1005-130. Exchange of information for child support SB1591 Engrossed -124- LRB9111045EGfg 1 enforcement. 2 (a) The Department has the power to exchange with the 3 Illinois Department of Public Aid information that may be 4 necessary for the enforcement of child support orders entered 5 pursuant to the Illinois Public Aid Code, the Illinois 6 Marriage and Dissolution of Marriage Act, the Non-Support of 7 Spouse and Children Act, the Non-Support Punishment Act, the 8 Revised Uniform Reciprocal Enforcement of Support Act, the 9 Uniform Interstate Family Support Act, or the Illinois 10 Parentage Act of 1984. 11 (b) Notwithstanding any provisions in the Civil 12 Administrative Code of Illinois to the contrary, the 13 Department of Employment Security shall not be liable to any 14 person for any disclosure of information to the Illinois 15 Department of Public Aid under subsection (a) or for any 16 other action taken in good faith to comply with the 17 requirements of subsection (a). 18 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00; 19 91-613, eff. 10-1-99; revised 8-5-99.) 20 Section 18. The Department of Insurance Law of the Civil 21 Administrative Code of Illinois is amended by renumbering 22 multiple versions of Section 56.3 as follows: 23 (20 ILCS 1405/1405-20) (was 20 ILCS 1405/56.3) 24 Sec. 1405-20.56.3.Investigational cancer treatments; 25 study. 26 (a) The Department of Insurance shall conduct an 27 analysis and study of costs and benefits derived from the 28 implementation of the coverage requirements for 29 investigational cancer treatments established under Section 30 356y of the Illinois Insurance Code. The study shall cover 31 the years 2000, 2001, and 2002. The study shall include an 32 analysis of the effect of the coverage requirements on the SB1591 Engrossed -125- LRB9111045EGfg 1 cost of insurance and health care, the results of the 2 treatments to patients, the mortality rate among cancer 3 patients, any improvements in care of patients, and any 4 improvements in the quality of life of patients. 5 (b) The Department shall report the results of its study 6 to the General Assembly and the Governor on or before March 7 1, 2003. 8 (Source: P.A. 91-406, eff. 1-1-00; revised 10-18-99.) 9 (20 ILCS 1405/1405-25) (was 20 ILCS 1405/56.3) 10 (Section scheduled to be repealed on July 1, 2000) 11 Sec. 1405-25.56.3.Insurance Fraud Task Force. 12 (a) The Insurance Fraud Task Force is hereby established 13 and shall consist of the following: 14 (1) The Director of Insurance or his or her 15 designee. 16 (2) The Director of State Police or his or her 17 designee. 18 (3) The Attorney General or his or her designee. 19 (4) Nine representatives appointed by the Governor 20 by September 1, 1999 as follows: 21 (A) One representative of a county sheriff's 22 department. 23 (B) One representative of a United States 24 criminal investigative department or agency. 25 (C) One representative of a prosecuting 26 authority of a city, a village, an incorporated 27 town, a county, or this State. 28 (D) Two insurance consumers. 29 (E) Four persons at the discretion of the 30 Governor. 31 (5) Seven representatives of insurers appointed by 32 the Director of Insurance by September 1, 1999, 33 representing large, medium, and small property, casualty, SB1591 Engrossed -126- LRB9111045EGfg 1 disability, life, and health insurers in this State, and 2 one representative of a health maintenance organization 3 appointed by the Director of Insurance by September 1, 4 1999. 5 (b) The Insurance Fraud Task Force shall do all of the 6 following: 7 (1) Investigate the issue of organized insurance 8 fraud and methods to combat organized insurance fraud. 9 (2) Examine ways to unite the resources of the 10 insurance industry with the appropriate components of 11 federal and State criminal justice systems so that 12 organized insurance fraud schemes are identified and 13 thoroughly investigated and the perpetrators are 14 prosecuted in the best interests of justice. 15 (3) Examine the concept of creating a private 16 agency to assist in combating organized insurance fraud 17 and all ways to fund the agency, including current 18 funding of insurance mechanisms related to insurance 19 crimes. 20 (4) Report to the Governor and the General Assembly 21 no later than July 1, 2000 on its findings and 22 recommendations. 23 (c) This Section is repealed on July 1, 2000. 24 (Source: P.A. 91-522, eff. 8-13-99; revised 10-18-99.) 25 Section 19. The Department of Professional Regulation 26 Law of the Civil Administrative Code of Illinois is amended 27 by changing Sections 2105-5, 2105-15, 2105-75, 2105-120, and 28 2105-150 and renumbering Section 60p as follows: 29 (20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b) 30 Sec. 2105-5. Definitions. 31 (a) In this Law: 32 "Department" means the Department of Professional SB1591 Engrossed -127- LRB9111045EGfg 1 Regulation. 2 "Director" means the Director of Professional Regulation. 3 (b) In the construction of this Section and Sections 42105-10,2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 5 2105-120, 2105-125, 2105-175, and 2105-325, the following 6 definitions shall govern unless the context otherwise clearly 7 indicates: 8 "Board" means the board of persons designated for a 9 profession, trade, or occupation under the provisions of any 10 Act now or hereafter in force whereby the jurisdiction of 11 that profession, trade, or occupation is devolved on the 12 Department. 13 "Certificate" means a license, certificate of 14 registration, permit, or other authority purporting to be 15 issued or conferred by the Department by virtue or authority 16 of which the registrant has or claims the right to engage in 17 a profession, trade, occupation, or operation of which the 18 Department has jurisdiction. 19 "Registrant" means a person who holds or claims to hold a 20 certificate. 21 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 22 revised 8-6-99.) 23 (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60) 24 Sec. 2105-15. General powers and duties. 25 (a) The Department has, subject to the provisions of the 26 Civil Administrative Code of Illinois, the following powers 27 and duties: 28 (1) To authorize examinations in English to 29 ascertain the qualifications and fitness of applicants to 30 exercise the profession, trade, or occupation for which 31 the examination is held. 32 (2) To prescribe rules and regulations for a fair 33 and wholly impartial method of examination of candidates SB1591 Engrossed -128- LRB9111045EGfg 1 to exercise the respective professions, trades, or 2 occupations. 3 (3) To pass upon the qualifications of applicants 4 for licenses, certificates, and authorities, whether by 5 examination, by reciprocity, or by endorsement. 6 (4) To prescribe rules and regulations defining, 7 for the respective professions, trades, and occupations, 8 what shall constitute a school, college, or university, 9 or department of a university, or other institution, 10 reputable and in good standing, and to determine the 11 reputability and good standing of a school, college, or 12 university, or department of a university, or other 13 institution, reputable and in good standing, by reference 14 to a compliance with those rules and regulations; 15 provided, that no school, college, or university, or 16 department of a university, or other institution that 17 refuses admittance to applicants solely on account of 18 race, color, creed, sex, or national origin shall be 19 considered reputable and in good standing. 20 (5) To conduct hearings on proceedings to revoke, 21 suspend, refuse to renew, place on probationary status, 22 or take other disciplinary action as authorized in any 23 licensing Act administered by the Department with regard 24 to licenses, certificates, or authorities of persons 25 exercising the respective professions, trades, or 26 occupations and to revoke, suspend, refuse to renew, 27 place on probationary status, or take other disciplinary 28 action as authorized in any licensing Act administered by 29 the Department with regard to those licenses, 30 certificates, or authorities. The Department shall issue 31 a monthly disciplinary report. The Department shall deny 32 any license or renewal authorized by the Civil 33 Administrative Code of Illinois to any person who has 34 defaulted on an educational loan or scholarship provided SB1591 Engrossed -129- LRB9111045EGfg 1 by or guaranteed by the Illinois Student Assistance 2 Commission or any governmental agency of this State; 3 however, the Department may issue a license or renewal if 4 the aforementioned persons have established a 5 satisfactory repayment record as determined by the 6 Illinois Student Assistance Commission or other 7 appropriate governmental agency of this State. 8 Additionally, beginning June 1, 1996, any license issued 9 by the Department may be suspended or revoked if the 10 Department, after the opportunity for a hearing under the 11 appropriate licensing Act, finds that the licensee has 12 failed to make satisfactory repayment to the Illinois 13 Student Assistance Commission for a delinquent or 14 defaulted loan. For the purposes of this Section, 15 "satisfactory repayment record" shall be defined by rule. 16 The Department shall refuse to issue or renew a license 17 to, or shall suspend or revoke a license of, any person 18 who, after receiving notice, fails to comply with a 19 subpoena or warrant relating to a paternity or child 20 support proceeding. However, the Department may issue a 21 license or renewal upon compliance with the subpoena or 22 warrant. 23 The Department, without further process or hearings, 24 shall revoke, suspend, or deny any license or renewal 25 authorized by the Civil Administrative Code of Illinois 26 to a person who is certified by the Illinois Department 27 of Public Aid as being more than 30 days delinquent in 28 complying with a child support order or who is certified 29 by a court as being in violation of the Non-Supportof30 Punishment Act for more than 60 days. The Department 31 may, however, issue a license or renewal if the person 32 has established a satisfactory repayment record as 33 determined by the Illinois Department of Public Aid or if 34 the person is determined by the court to be in compliance SB1591 Engrossed -130- LRB9111045EGfg 1 with the Non-Support Punishment Act. The Department may 2 implement this paragraph as added by Public Act 89-6 3 through the use of emergency rules in accordance with 4 Section 5-45 of the Illinois Administrative Procedure 5 Act. For purposes of the Illinois Administrative 6 Procedure Act, the adoption of rules to implement this 7 paragraph shall be considered an emergency and necessary 8 for the public interest, safety, and welfare. 9 (6) To transfer jurisdiction of any realty under 10 the control of the Department to any other department of 11 the State Government or to acquire or accept federal 12 lands when the transfer, acquisition, or acceptance is 13 advantageous to the State and is approved in writing by 14 the Governor. 15 (7) To formulate rules and regulations necessary 16 for the enforcement of any Act administered by the 17 Department. 18 (8) To exchange with the Illinois Department of 19 Public Aid information that may be necessary for the 20 enforcement of child support orders entered pursuant to 21 the Illinois Public Aid Code, the Illinois Marriage and 22 Dissolution of Marriage Act, the Non-Support of Spouse 23 and Children Act, the Non-Support Punishment Act, the 24 Revised Uniform Reciprocal Enforcement of Support Act, 25 the Uniform Interstate Family Support Act, or the 26 Illinois Parentage Act of 1984. Notwithstanding any 27 provisions in this Code to the contrary, the Department 28 of Professional Regulation shall not be liable under any 29 federal or State law to any person for any disclosure of 30 information to the Illinois Department of Public Aid 31 under this paragraph (8) or for any other action taken in 32 good faith to comply with the requirements of this 33 paragraph (8). 34 (9) To perform other duties prescribed by law. SB1591 Engrossed -131- LRB9111045EGfg 1 (b) The Department may, when a fee is payable to the 2 Department for a wall certificate of registration provided by 3 the Department of Central Management Services, require that 4 portion of the payment for printing and distribution costs be 5 made directly or through the Department to the Department of 6 Central Management Services for deposit into the Paper and 7 Printing Revolving Fund. The remainder shall be deposited 8 into the General Revenue Fund. 9 (c) For the purpose of securing and preparing evidence, 10 and for the purchase of controlled substances, professional 11 services, and equipment necessary for enforcement activities, 12 recoupment of investigative costs, and other activities 13 directed at suppressing the misuse and abuse of controlled 14 substances, including those activities set forth in Sections 15 504 and 508 of the Illinois Controlled Substances Act, the 16 Director and agents appointed and authorized by the Director 17 may expend sums from the Professional Regulation Evidence 18 Fund that the Director deems necessary from the amounts 19 appropriated for that purpose. Those sums may be advanced to 20 the agent when the Director deems that procedure to be in the 21 public interest. Sums for the purchase of controlled 22 substances, professional services, and equipment necessary 23 for enforcement activities and other activities as set forth 24 in this Section shall be advanced to the agent who is to make 25 the purchase from the Professional Regulation Evidence Fund 26 on vouchers signed by the Director. The Director and those 27 agents are authorized to maintain one or more commercial 28 checking accounts with any State banking corporation or 29 corporations organized under or subject to the Illinois 30 Banking Act for the deposit and withdrawal of moneys to be 31 used for the purposes set forth in this Section; provided, 32 that no check may be written nor any withdrawal made from any 33 such account except upon the written signatures of 2 persons 34 designated by the Director to write those checks and make SB1591 Engrossed -132- LRB9111045EGfg 1 those withdrawals. Vouchers for those expenditures must be 2 signed by the Director. All such expenditures shall be 3 audited by the Director, and the audit shall be submitted to 4 the Department of Central Management Services for approval. 5 (d) Whenever the Department is authorized or required by 6 law to consider some aspect of criminal history record 7 information for the purpose of carrying out its statutory 8 powers and responsibilities, then, upon request and payment 9 of fees in conformance with the requirements of Section 10 2605-400 of the Department of State Police Law (20 ILCS 11 2605/2605-400), the Department of State Police is authorized 12 to furnish, pursuant to positive identification, the 13 information contained in State files that is necessary to 14 fulfill the request. 15 (e) The provisions of this Section do not apply to 16 private business and vocational schools as defined by Section 17 1 of the Private Business and Vocational Schools Act. 18 (f) Beginning July 1, 1995, this Section does not apply 19 to those professions, trades, and occupations licensed under 20 the Real Estate License Act of 2000, nor does it apply to any 21 permits, certificates, or other authorizations to do business 22 provided for in the Land Sales Registration Act of 1989 or 23 the Illinois Real Estate Time-Share Act. 24 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00; 25 91-245, eff. 12-31-99; 91-613, eff. 10-1-99; revised 26 9-29-99.) 27 (20 ILCS 2105/2105-30) (was 20 ILCS 2105/60p) 28 Sec. 2105-30.60p.License forms; notification of abuse. 29 Beginning January 1, 2000, each license or permit application 30 or renewal form the Department provides to a person who is 31 required by law to report child abuse or elder abuse must 32 include a notification that the applicant or licensee is 33 required by law to report that abuse and must include SB1591 Engrossed -133- LRB9111045EGfg 1 telephone numbers the licensee may call to report the abuse. 2 (Source: P.A. 91-244, eff. 1-1-00; revised 11-3-99.) 3 (20 ILCS 2105/2105-75) (was 20 ILCS 2105/61f) 4 Sec. 2105-75. Design Professionals Dedicated Employees. 5 There are established within the Department certain design 6 professionals dedicated employees. These employees shall be 7 devoted exclusively to the administration and enforcement of 8 the Illinois Architecture Practice Act, the Illinois 9 Professional Land Surveyor Act of 1989, the Professional 10 Engineering Practice Act of 1989, and the Structural 11 Engineering Practice Act of 1989. The design professionals 12 dedicated employees that the Director shall employ, in 13 conformity with the Personnel Code, at a minimum shall 14 consist of one full-time design licensing Coordinator, one 15 full-time Assistant Coordinator, 4 full-time licensing 16 clerks, one full-time attorney, and 2 full-time 17 investigators. These employees shall work exclusively in the 18 licensing and enforcement of the design profession Acts set 19 forth in this Section and shall not be used for the licensing 20 and enforcement of any other Act or other duties in the 21 Department. 22 (Source: P.A. 91-91, eff. 7-9-99; 91-239, eff. 1-1-00; 23 91-357, eff. 7-29-99; revised 8-6-99.) 24 (20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g) 25 Sec. 2105-120. Board's report; registrant's motion for 26 rehearing. 27 (a) The board shall present to the Director its written 28 report of its findings and recommendations. A copy of the 29 report shall be served upon the registrant, either personally 30 or by registered mail as provided in Section 2105-10060cfor 31 the service of the citation. 32 (b) Within 20 days after the service required under SB1591 Engrossed -134- LRB9111045EGfg 1 subsection (a), the registrant may present to the Department 2 a motion in writing for a rehearing. The written motion 3 shall specify the particular grounds for a rehearing. If the 4 registrant orders and pays for a transcript of the record as 5 provided in Section 2105-11560f, the time elapsing 6 thereafter and before the transcript is ready for delivery to 7 the registrant shall not be counted as part of the 20 days. 8 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 9 revised 8-6-99.) 10 (20 ILCS 2105/2105-150) (was 20 ILCS 2105/60m) 11 Sec. 2105-150. Violations of Medical Practice Act. 12 Notwithstanding any of the provisions of Section 2105-5, 13 2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120, 14 2105-125, 2105-175, 2105-200, or 2105-32560a, 60d, 60g,of 15 this Law, for violations of Section 22 of the Medical 16 Practice Act of 1987, the Department shall suspend, revoke, 17 place on probationary status, or take other disciplinary 18 action as it deems proper with regard to licenses issued 19 under that Act only in accordance with Sections 7 and 36 20 through 46 of that Act. 21 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 22 revised 8-6-99.) 23 Section 20. The Department of Public Health Powers and 24 Duties Law of the Civil Administrative Code of Illinois is 25 amended by changing Sections 2310-205, 2310-350, 2310-370, 26 2310-397, and 2310-430 and renumbering Sections 55.56a, 27 55.58a, 55.75a, 55.95, and multiple versions of Section 55.91 28 as follows: 29 (20 ILCS 2310/2310-205) (was 20 ILCS 2310/55.57) 30 Sec. 2310-205. Community health centers. From 31 appropriations from the Community Health Center Care Fund, a SB1591 Engrossed -135- LRB9111045EGfg 1 special fund in the State treasury which is hereby created, 2 the Department shall provide financial assistance (i)(a)to 3 migrant health centers and community health centers 4 established pursuant to Sections 329 or 330 of the federal 5 Public Health Service Act or that meet the standards 6 contained in either of those Sections and (ii) for the 7 purpose of establishing new migrant health centers or 8 community health centers in areas of need. 9 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 10 revised 8-6-99.) 11 (20 ILCS 2310/2310-227) (was 20 ILCS 2310/55.58a) 12 Sec. 2310-227.55.58a.Study; nurse assistant incentive 13 program. The Department, in cooperation with the Illinois 14 Health Care Association, Life Services Network of Illinois, 15 the Illinois Council on Long Term Care, the County Nursing 16 Home Association, organized labor, the Illinois Community 17 College Board, the Southern Illinois University at Carbondale 18 Department of Workforce Education, the Illinois State Board 19 of Education, and the Department on Aging Ombudsman Program, 20 shall undertake a study to determine what incentives might be 21 necessary to attract and retain nurse assistants to work in 22 Illinois long-term care facilities. Based on any available 23 research and the experience of other states and the private 24 sector, a variety of incentive programs shall be examined for 25 their feasibility and possible development and implementation 26 in Illinois. Based upon the results of the study, the 27 Department shall implement a nurse assistant incentive 28 program no later than January 1, 2001, subject to available 29 appropriations. 30 (Source: P.A. 91-574, eff. 8-14-99; revised 10-25-99.) 31 (20 ILCS 2310/2310-322) (was 20 ILCS 2310/55.56a) 32 Sec. 2310-322.55.56a.AIDS awareness; senior citizens. SB1591 Engrossed -136- LRB9111045EGfg 1 The Department must include within its public health 2 promotion programs and materials information targeted to 3 persons 50 years of age and more concerning the dangers of 4 HIV and AIDS and sexually transmitted diseases. 5 (Source: P.A. 91-106, eff. 1-1-00; revised 8-6-99.) 6 (20 ILCS 2310/2310-337) (was 20 ILCS 2310/55.95) 7 Sec. 2310-337.55.95.Asthma information. 8 (a) The Department of Public Health, in conjunction with 9 representatives of State and community based agencies 10 involved with asthma, shall develop and implement an asthma 11 information program targeted at population groups in Illinois 12 with high risk of suffering from asthma, including but not 13 limited to the following: 14 (1) African Americans. 15 (2) Hispanics. 16 (3) The elderly. 17 (4) Children. 18 (5) Those exposed to environmental factors 19 associated with high risk of asthma. 20 (6) Those with a family history of asthma. 21 (7) Those with allergies. 22 (b) The Department's asthma information program shall 23 include but need not be limited to information about: 24 (1) The causes and prevention of asthma. 25 (2) The types of treatment for asthma. 26 (3) The availability of treatment for asthma. 27 (4) Possible funding sources for treatment of 28 asthma. 29 (c) The Department shall report to the General Assembly 30 by January 1, 2000 upon its development and implementation of 31 the asthma information program. 32 (Source: P.A. 91-515, eff. 8-13-99; revised 10-21-99.) SB1591 Engrossed -137- LRB9111045EGfg 1 (20 ILCS 2310/2310-350) (was 20 ILCS 2310/55.70) 2 Sec. 2310-350. Penny Severns Breast and Cervical Cancer 3 Research Fund. From funds appropriated from the Penny 4 Severns Breast and Cervical Cancer Research Fund, the 5 Department shall award grants to eligible physicians, 6 hospitals, laboratories, education institutions, and other 7 organizations and persons to enable organizations and persons 8 to conduct research. For the purposes of this Section, 9 "research" includes, but is not limited to, expenditures to 10 develop and advance the understanding, techniques, and 11 modalities effective in early detection, prevention, cure, 12 screening, and treatment of breast and cervical cancer and 13 may include clinical trials. 14 Moneys received for the purposes of this Section, 15 including but not limited to income tax checkoff receipts and 16 gifts, grants, and awards from private foundations, nonprofit 17 organizations, other governmental entities, and persons shall 18 be deposited into the Penny Severns Breast and Cervical 19 Cancer Research Fund, which is hereby created as a special 20 fund in the State treasury. 21 The Department shall create an advisory committee with 22 members from, but not limited to, the Illinois Chapter of the 23 American Cancer Society, Y-Me, the Susan G. Komen Foundation, 24 and the State Board of Health for the purpose of awarding 25 research grants under this Section. Members of the advisory 26 committee shall not be eligible for any financial 27 compensation or reimbursement. 28 (Source: P.A. 91-107, eff. 7-13-99; 91-239, eff. 1-1-00; 29 revised 8-6-99.) 30 (20 ILCS 2310/2310-351) (was 20 ILCS 2310/55.91) 31 Sec. 2310-351.55.91.Ovarian cancer; Cancer Information 32 Service. The Department of Public Health, in cooperation 33 with the Cancer Information Service, shall promote the SB1591 Engrossed -138- LRB9111045EGfg 1 services of the Cancer Information Service in relation to 2 ovarian cancer. 3 (Source: P.A. 91-108, eff. 7-13-99; revised 8-6-99.) 4 (20 ILCS 2310/2310-370) (was 20 ILCS 2310/55.76) 5 Sec. 2310-370. Heart Disease Treatment and Prevention 6 Fund; grants. From funds appropriated from the Heart Disease 7 Treatment and Prevention Fund, a special fund created in the 8 State treasury, the Department shall make grants to public 9 and private agencies for the purposes of funding (i) research 10 into causes, prevention, and treatment of heart disease and 11 (ii) public education relating to treatment and prevention of 12 heart disease within the State of Illinois. 13 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 14 revised 8-6-99.) 15 (20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90) 16 Sec. 2310-397. Prostate and testicular cancer program. 17 (a) The Department, subject to appropriation or other 18 available funding, shall conduct a program to promote 19 awareness and early detection of prostate and testicular 20 cancer. The program may include, but need not be limited to: 21 (1) Dissemination of information regarding the 22 incidence of prostate and testicular cancer, the risk 23 factors associated with prostate and testicular cancer, 24 and the benefits of early detection and treatment. 25 (2) Promotion of information and counseling about 26 treatment options. 27 (3) Establishment and promotion of referral 28 services and screening programs. 29 (b) Subject to appropriation or other available funding, 30 a Prostate Cancer Screening Program shall be established in 31 the Department of Public Health. 32 (1) The Program shall apply to the following persons SB1591 Engrossed -139- LRB9111045EGfg 1 and entities: 2 (A) uninsured and underinsured men 50 years of 3 age and older; 4 (B) uninsured and underinsured men between 40 5 and 50 years of age who are at high risk for 6 prostate cancer, upon the advice of a physician or 7 upon the request of the patient; and 8 (C) non-profit organizations providing 9 assistance to persons described in subparagraphs (A) 10 and (B). 11 (2) Any entity funded by the Program shall 12 coordinate with other local providers of prostate cancer 13 screening, diagnostic, follow-up, education, and advocacy 14 services to avoid duplication of effort. Any entity 15 funded by the Program shall comply with any applicable 16 State and federal standards regarding prostate cancer 17 screening. 18 (3) Administrative costs of the Department shall 19 not exceed 10% of the funds allocated to the Program. 20 Indirect costs of the entities funded by this Program 21 shall not exceed 12%. The Department shall define 22 "indirect costs" in accordance with applicable State and 23 federal law. 24 (4) Any entity funded by the Program shall collect 25 data and maintain records that are determined by the 26 Department to be necessary to facilitate the Department's 27 ability to monitor and evaluate the effectiveness of the 28 entities and the Program. Commencing with the Program's 29 second year of operation, the Department shall submit an 30 Annual Report to the General Assembly and the Governor. 31 The report shall describe the activities and 32 effectiveness of the Program and shall include, but not 33 be limited to, the following types of information 34 regarding those served by the Program: SB1591 Engrossed -140- LRB9111045EGfg 1 (A) the number; 2 (B) the ethnic, geographic, and age breakdown; 3 (C) the stages of presentation; and 4 (D) the diagnostic and treatment status. 5 (5) The Department or any entity funded by the 6 Program shall collect personal and medical information 7 necessary to administer the Program from any individual 8 applying for services under the Program. The 9 information shall be confidential and shall not be 10 disclosed other than for purposes directly connected with 11 the administration of the Program or except as otherwise 12 provided by law or pursuant to prior written consent of 13 the subject of the information. 14 (6) The Department or any entity funded by the 15 program may disclose the confidential information to 16 medical personnel and fiscal intermediaries of the State 17 to the extent necessary to administer the Program, and to 18 other State public health agencies or medical researchers 19 if the confidential information is necessary to carry out 20 the duties of those agencies or researchers in the 21 investigation, control, or surveillance of prostate 22 cancer. 23 (c) The Department shall adopt rules to implement the 24 Prostate Cancer Screening Program in accordance with the 25 Illinois Administrative Procedure Act. 26 (Source: P.A. 90-599, eff. 1-1-99; 91-109, eff. 1-1-00; 27 91-239, eff. 1-1-00; revised 8-6-99.) 28 (20 ILCS 2310/2310-398) (was 20 ILCS 2310/55.91) 29 Sec. 2310-398.55.91.Prostate Cancer Research Fund; 30 grants. From funds appropriated from the Prostate Cancer 31 Research Fund, a special fund created in the State treasury, 32 the Department of Public Health shall make grants to public 33 or private entities in Illinois, which may include the Lurie SB1591 Engrossed -141- LRB9111045EGfg 1 Comprehensive Cancer Center at the Northwestern University 2 Medical School and the Kellogg Cancer Care Center at 3 Evanston/Glenbrook Hospitals, for the purpose of funding 4 research applicable to prostate cancer patients. The grant 5 funds may not be used for institutional overhead costs, 6 indirect costs, other organizational levies, or costs of 7 community-based support services. 8 (Source: P.A. 91-104, eff. 7-13-99; revised 8-6-99.) 9 (20 ILCS 2310/2310-430) (was 20 ILCS 2310/55.69) 10 Sec. 2310-430. Women's health issues. 11 (a) The Department shall designate a member of its staff 12 to handle women's health issues not currently or adequately 13 addressed by the Department. 14 (b) The staff person's duties shall include, without 15 limitation: 16 (1) Assisting in the assessment of the health needs 17 of women in the State. 18 (2) Recommending treatment methods and programs 19 that are sensitive and relevant to the unique 20 characteristics of women. 21 (3) Promoting awareness of women's health concerns 22 and encouraging, promoting, and aiding in the 23 establishment of women's services. 24 (4) Providing adequate and effective opportunities 25 for women to express their views on Departmental policy 26 development and program implementation. 27 (5) Providing information to the members of the 28 public, patients, and health care providers regarding 29 women's gynecological cancers, including but not limited 30 to the signs and symptoms, risk factors, the benefits of 31 early detection through appropriate diagnostic testing, 32 and treatment options. 33 (6) Publishing the health care summary required SB1591 Engrossed -142- LRB9111045EGfg 1 under Section 2310-42555.66of this Act. 2 (c) The information provided under item (5) of 3 subsection (b) of this Section may include, but is not 4 limited to, the following: 5 (1) Educational and informational materials in 6 print, audio, video, electronic, or other media. 7 (2) Public service announcements and 8 advertisements. 9 (3) The health care summary required under Section 10 2310-42555.66of this Act. 11 The Department may develop or contract with others to 12 develop, as the Director deems appropriate, the materials 13 described in this subsection (c) or may survey available 14 publications from, among other sources, the National Cancer 15 Institute and the American Cancer Society. The staff person 16 designated under this Section shall collect the materials, 17 formulate a distribution plan, and disseminate the materials 18 according to the plan. These materials shall be made 19 available to the public free of charge. 20 In exercising its powers under this subsection (c), the 21 Department shall consult with appropriate health care 22 professionals and providers, patients, and organizations 23 representing health care professionals and providers and 24 patients. 25 (Source: P.A. 91-106, eff. 1-1-00; 91-239, eff. 1-1-00; 26 revised 8-6-99.) 27 (20 ILCS 2310/2310-537) (was 20 ILCS 2310/55.75a) 28 Sec. 2310-537.55.75a.Review of inspection programs. 29 The Department of Public Health shall, utilizing the 30 expertise and membership of the Hospital Licensing Board 31 created pursuant to Section 10 of the Hospital Licensing Act, 32 conduct a review of the hospital inspection programs of the 33 Department under the Hospital Licensing Act and any other SB1591 Engrossed -143- LRB9111045EGfg 1 hospital program operated by the Department. The required 2 review should include (i) a study of the basis for, and 3 establishment of, standards by the various entities who 4 regulate hospitals; (ii) the survey activities of any other 5 public or private agency inspecting hospitals; and (iii) the 6 interpretation and application of the adopted standards by 7 each of the entities. 8 The Department shall issue a report of the review and any 9 recommendations regarding the feasibility of development of a 10 consolidated or consistent set of regulations among the 11 various entities. The Department shall seek the input and 12 participation of the various federal and private 13 organizations that establish standards for hospitals. A 14 report shall be issued to the Governor and the General 15 Assembly by July 1, 2000. 16 (Source: P.A. 91-154, eff. 7-16-99; revised 8-6-99.) 17 Section 21. The Disabled Persons Rehabilitation Act is 18 amended by changing Section 12a as follows: 19 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a) 20 Sec. 12a. Centers for independent living. 21 (a) Purpose. Recognizing that persons with significant 22 disabilities deserve a high quality of life within their 23 communities regardless of their disabilities, the Department, 24 working with the Statewide Independent Living Council, shall 25 develop a State plan for submission on an annual basis to the 26 Commissioner. The Department shall adopt rules for 27 implementing the State plan in accordance with the federal 28 Act, including rules adopted under the federal Act governing 29 the award of grants. 30 (b) Definitions. As used in this Section, unless the 31 context clearly requires otherwise: 32 "Federal Act" means the federal Rehabilitation Act of SB1591 Engrossed -144- LRB9111045EGfg 1 1973, as amended. 2 "Center for independent living" means a consumer 3 controlled, community based, cross-disability, 4 non-residential, private non-profit agency that is designated 5 and operated within a local community by individuals with 6 disabilities and provides an array of independent living 7 services. 8 "Consumer controlled" means that the center for 9 independent living vests power and authority in individuals 10 with disabilities and that at least 51% of the directors of 11 the center are persons with one or more disabilities as 12 defined by this Act. 13 "Commissioner" means the Commissioner of the 14 Rehabilitation Services Administration in the United States 15 Department of Education. 16 "Council" means the Statewide Independent Living Council 17 appointed under subsection (d). 18 "Individual with a disability" means any individual who 19 has a physical or mental impairment that substantially limits 20 a major life activity, has a record of such an impairment, or 21 is regarded as having such an impairment. 22 "Individual with a significant disability" means an 23 individual with a significant physical or mental impairment, 24 whose ability to function independently in the family or 25 community or whose ability to obtain, maintain, or advance in 26 employment is substantially limited and for whom the delivery 27 of independent living services will improve the ability to 28 function, continue functioning, or move toward functioning 29 independently in the family or community or to continue in 30 employment. 31 "State plan" means the materials submitted by the 32 Department to the Commissioner on an annual basis that 33 contain the State's proposal for: 34 (1) The provision of statewide independent living SB1591 Engrossed -145- LRB9111045EGfg 1 services. 2 (2) The development and support of a statewide 3 network of centers for independent living. 4 (3) Working relationships between (i) programs 5 providing independent living services and independent 6 living centers and (ii) the vocational rehabilitation 7 program administered by the Department under the federal 8 Act and other programs providing services for individuals 9 with disabilities. 10 (c) Authority. The unit of the Department headed by the 11 vocational rehabilitation administrator shall be designated 12 the State unit under Title VII of the federal Act and shall 13 have the following responsibilities: 14 (1) To receive, account for, and disburse funds 15 received by the State under the federal Act based on the 16 State plan. 17 (2) To provide administrative support services to 18 centers for independent living programs. 19 (3) To keep records, and take such actions with 20 respect to those records, as the Commissioner finds to be 21 necessary with respect to the programs. 22 (4) To submit additional information or provide 23 assurances the Commissioner may require with respect to 24 the programs. 25 The vocational rehabilitation administrator and the 26 Chairperson of the Council are responsible for jointly 27 developing and signing the State plan required by Section 704 28 of the federal Act. The State plan shall conform to the 29 requirements of Section 704 of the federal Act. 30 (d) Statewide Independent Living Council. 31 The Governor shall appoint a Statewide Independent Living 32 Council, comprised of 18 members, which shall be established 33 as an entity separate and distinct from the Department. The 34 composition of the Council shall include the following: SB1591 Engrossed -146- LRB9111045EGfg 1 (1) At least one director of a center for 2 independent living chosen by the directors of centers for 3 independent living within the State. 4 (2) A representative from the unit of the 5 Department of Human Services responsible for the 6 administration of the vocational rehabilitation program 7 and a representative from another unit in the Department 8 of Human Services that provides services for individuals 9 with disabilities and a representative each from the 10 Department on Aging, the State Board of Education, and 11 the Department of Children and Family Services, all as 12 ex-officio, non-voting members who shall not be counted 13 in the 18 members appointed by the Governor. 14 In addition, the Council may include the following: 15 (A) One or more representatives of centers for 16 independent living. 17 (B) One or more parents or guardians of individuals 18 with disabilities. 19 (C) One or more advocates for individuals with 20 disabilities. 21 (D) One or more representatives of private 22 business. 23 (E) One or more representatives of organizations 24 that provide services for individuals with disabilities. 25 (F) Other appropriate individuals. 26 After soliciting recommendations from organizations 27 representing a broad range of individuals with disabilities 28 and organizations interested in individuals with 29 disabilities, the Governor shall appoint members of the 30 Council for terms beginning July 1, 1993. The Council shall 31 be composed of members (i) who provide statewide 32 representation; (ii) who represent a broad range of 33 individuals with disabilities from diverse backgrounds; (iii) 34 who are knowledgeable about centers for independent living SB1591 Engrossed -147- LRB9111045EGfg 1 and independent living services; and (iv) a majority of whom 2 are persons who are individuals with disabilities and are not 3 employed by any State agency or center for independent 4 living. 5 The council shall elect a chairperson from among its 6 voting membership. 7 Each member of the Council shall serve for terms of 3 8 years, except that (i) a member appointed to fill a vacancy 9 occurring before the expiration of the term for which the 10 predecessor was appointed shall be appointed for the 11 remainder of that term and (ii) terms of the members 12 initially appointed after the effective date of this 13 amendatory Act of 1993 shall be as follows: 6 of the initial 14 members shall be appointed for terms of one year, 6 shall be 15 appointed for terms of 2 years, and 6 shall be appointed for 16 terms of 3 years. No member of the council may serve more 17 than 2 consecutive full terms. 18 Appointments to fill vacancies in unexpired terms and new 19 terms shall be filled by the Governor or by the Council if 20 the Governor delegates that power to the Council by executive 21 order. The vacancy shall not affect the power of the 22 remaining members to execute the powers and duties of the 23 Council. The Council shall have the duties enumerated in 24 subsections (c), (d), and (e) of Section 705 of the federal 25 Act. 26 Members shall be reimbursed for their actual expenses 27 incurred in the performance of their duties, including 28 expenses for travel, child care, and personal assistance 29 services, and a member who is not employed or who must 30 forfeit wages from other employment shall be paid reasonable 31 compensation for each day the member is engaged in performing 32 the duties of the Council. The reimbursement or compensation 33 shall be paid from moneys made available to the Department 34 under Part B of Title VII of the federal Act. SB1591 Engrossed -148- LRB9111045EGfg 1 In addition to the powers and duties granted to advisory 2 boards by Section 5-505 of the Departments of State 3 Government Law (20 ILCS 5/5-505), the Council shall have the 4 authority to appoint jointly with the vocational 5 rehabilitation administrator a peer review committee to 6 consider and make recommendations for grants to eligible 7 centers for independent living. 8 (e) Grants to centers for independent living. Each 9 center for independent living that receives assistance from 10 the Department under this Section shall comply with the 11 standards and provide and comply with the assurances that are 12 set forth in the State plan and consistent with Section 725 13 of the federal Act. Each center for independent living 14 receiving financial assistance from the Department shall 15 provide satisfactory assurances at the time and in the manner 16 the vocational rehabilitation administrator requires. 17 Beginning October 1, 1994, the vocational rehabilitation 18 administrator may award grants to any eligible center for 19 independent living that is receiving funds under Title VII of 20 the federal Act, unless the vocational rehabilitation 21 administrator makes a finding that the center for independent 22 living fails to comply with the standards and assurances set 23 forth in Section 725 of the federal Act. 24 If there is no center for independent living serving a 25 region of the State or the region is underserved, and the 26 State receives a federal increase in its allotment sufficient 27 to support one or more additional centers for independent 28 living in the State, the vocational rehabilitation 29 administrator may award a grant under this subsection to one 30 or more eligible agencies, consistent with the provisions of 31 the State plan setting forth the design of the State for 32 establishing a statewide network for centers for independent 33 living. 34 In selecting from among eligible agencies in awarding a SB1591 Engrossed -149- LRB9111045EGfg 1 grant under this subsection for a new center for independent 2 living, the vocational rehabilitation administrator and the 3 chairperson of (or other individual designated by) the 4 Council acting on behalf of and at the direction of the 5 Council shall jointly appoint a peer review committee that 6 shall rank applications in accordance with the standards and 7 assurances set forth in Section 725 of the federal Act and 8 criteria jointly established by the vocational rehabilitation 9 administrator and the chairperson or designated individual. 10 The peer review committee shall consider the ability of the 11 applicant to operate a center for independent living and 12 shall recommend an applicant to receive a grant under this 13 subsection based on the following: 14 (1) Evidence of the need for a center for 15 independent living, consistent with the State plan. 16 (2) Any past performance of the applicant in 17 providing services comparable to independent living 18 services. 19 (3) The applicant's plan for complying with, or 20 demonstrated success in complying with, the standards and 21 assurances set forth in Section 725 of the federal Act. 22 (4) The quality of key personnel of the applicant 23 and the involvement of individuals with significant 24 disabilities by the applicant. 25 (5) The budgets and cost effectiveness of the 26 applicant. 27 (6) The evaluation plan of the applicant. 28 (7) The ability of the applicant to carry out the 29 plan. 30 The vocational rehabilitation administrator shall award 31 the grant on the basis of the recommendation of the peer 32 review committee if the actions of the committee are 33 consistent with federal and State law. 34 (f) Evaluation and review. The vocational SB1591 Engrossed -150- LRB9111045EGfg 1 rehabilitation administrator shall periodically review each 2 center for independent living that receives funds from the 3 Department under Title VII of the federal Act, or moneys 4 appropriated from the General Revenue Fund, to determine 5 whether the center is in compliance with the standards and 6 assurances set forth in Section 725 of the federal Act. If 7 the vocational rehabilitation administrator determines that 8 any center receiving those federal or State funds is not in 9 compliance with the standards and assurances set forth in 10 Section 725, the vocational rehabilitation administrator 11 shall immediately notify the center that it is out of 12 compliance. The vocational rehabilitation administrator 13 shall terminate all funds to that center 90 days after the 14 date of notification or, in the case of a center that 15 requests an appeal, the date of any final decision, unless 16 the center submits a plan to achieve compliance within 90 17 days and that plan is approved by the vocational 18 rehabilitation administrator or (if on appeal) by the 19 Commissioner. 20 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; 21 90-372, eff. 7-1-98; 90-453, eff. 8-16-97; 91-239, eff. 22 1-1-00; 91-540, eff. 8-13-99; revised 10-25-99.) 23 Section 22. The Department of Revenue Law of the Civil 24 Administrative Code of Illinois is amended by changing 25 Sections 2505-65 and 2505-650 as follows: 26 (20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12) 27 Sec. 2505-65. Exchange of information. 28 (a) The Department has the power to exchange with any 29 state, with any local subdivisions of any state, or with the 30 federal government, except when specifically prohibited by 31 law, any information that may be necessary to efficient tax 32 administration and that may be acquired as a result of the SB1591 Engrossed -151- LRB9111045EGfg 1 administration of the laws set forth in the Sections 2 following Section 95-10 and preceding Section 2505-60. 3 (b) The Department has the power to exchange with the 4 Illinois Department of Public Aid information that may be 5 necessary for the enforcement of child support orders entered 6 pursuant to the Illinois Public Aid Code, the Illinois 7 Marriage and Dissolution of Marriage Act, the Non-Support of 8 Spouse and Children Act, the Non-Support Punishment Act, the 9 Revised Uniform Reciprocal Enforcement of Support Act, the 10 Uniform Interstate Family Support Act, or the Illinois 11 Parentage Act of 1984. Notwithstanding any provisions in this 12 Code to the contrary, the Department of Revenue shall not be 13 liable to any person for any disclosure of information to the 14 Illinois Department of Public Aid under this subsection (b) 15 or for any other action taken in good faith to comply with 16 the requirements of this subsection (b). 17 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00; 18 91-613, eff. 10-1-99; revised 8-5-99.) 19 (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52) 20 Sec. 2505-650. Collection of past due support. Upon 21 certification of past due child support amounts from the 22 Department of Public Aid, the Department of Revenue may 23 collect the delinquency in any manner authorized for the 24 collection of any tax administered by the Department of 25 Revenue. The Department of Revenue shall notify the 26 Department of Public Aid when the delinquency or any portion 27 of the delinquency has been collected under this Section. 28 Any child support delinquency collected by the Department of 29 Revenue, including those amounts that result in overpayment 30 of a child support delinquency, shall be paid to the State 31 Disbursement Unit established under Section 10-26 of the 32 Illinois Public Aid Codeinto into. The Department of 33 Revenue may implement this Section through the use of SB1591 Engrossed -152- LRB9111045EGfg 1 emergency rules in accordance with Section 5-45 of the 2 Illinois Administrative Procedure Act. For purposes of the 3 Illinois Administrative Procedure Act, the adoption of rules 4 to implement this Section shall be considered an emergency 5 and necessary for the public interest, safety, and welfare. 6 (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99; 7 91-239, eff. 1-1-00; revised 8-5-99.) 8 Section 23. The Department of State Police Law of the 9 Civil Administrative Code of Illinois is amended by changing 10 Section 2605-40 and resectioning material added to Section 11 55a as follows: 12 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4) 13 Sec. 2605-40. Division of Forensic Services. The 14 Division of Forensic Services shall exercise the following 15 functions: 16 (1) Exercise the rights, powers, and duties vested 17 by law in the Department by the Criminal Identification 18 Act. 19 (2) Exercise the rights, powers, and duties vested 20 by law in the Department by Section 2605-300 of this Law. 21 (3) Provide assistance to local law enforcement 22 agencies through training, management, and consultant 23 services. 24 (4) Exercise the rights, powers, and duties vested 25 by law in the Department by the Firearm Owners 26 Identification Card Act. 27 (5) Exercise other duties that may be assigned by 28 the Director in order to fulfill the responsibilities and 29 achieve the purposes of the Department. 30 (6) Establish and operate a forensic science 31 laboratory system, including a forensic toxicological 32 laboratory service, for the purpose of testing specimens SB1591 Engrossed -153- LRB9111045EGfg 1 submitted by coroners and other law enforcement officers 2 in their efforts to determine whether alcohol, drugs, or 3 poisonous or other toxic substances have been involved in 4 deaths, accidents, or illness. Forensic toxicological 5 laboratories shall be established in Springfield, 6 Chicago, and elsewhere in the State as needed.; and7 (7)7.Subject to specific appropriations made for 8 these purposes,toestablish and coordinate a system for 9 providing accurate and expedited forensic science and 10 other investigative and laboratory services to local law 11 enforcement agencies and local State's Attorneys in aid 12 of the investigation and trial of capital cases. 13 (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 14 91-589, eff. 1-1-00; revised 10-26-99.) 15 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part) 16 Sec. 2605-302. Arrest reports. 17 (a)5.5. Provide,When an individual is arrested,that18 the following information must be made available to the news 19 media for inspection and copying: 20 (1)(a)Information that identifies the individual 21person, including the name, age, address, and photograph, 22 when and if available. 23 (2)(b)Information detailing any charges relating 24 to the arrest. 25 (3)(c)The time and location of the arrest. 26 (4)(d)The name of the investigating or arresting 27 law enforcement agency. 28 (5)(e)If the individual is incarcerated, the 29 amount of any bail or bond. 30 (6)(f)If the individual is incarcerated, the time 31 and date that the individual was received, discharged, or 32 transferred from the arresting agency's custody. 33 (b)(1)The information required by this Section SB1591 Engrossed -154- LRB9111045EGfg 1paragraphmust be made available to the news media for 2 inspection and copying as soon as practicable, but in no 3 event shall the time period exceed 72 hours from the arrest. 4 The information described in items (3), (4), (5), and (6) of 5 subsection (a)subparagraphs (c), (d), (e), and (f) of this6paragraph, however, may be withheld if it is determined that 7 disclosure would (i) interfere with pending or actually and 8 reasonably contemplated law enforcement proceedings conducted 9 by any law enforcement or correctional agency; (ii) endanger 10 the life or physical safety of law enforcement or 11 correctional personnel or any other person; or (iii) 12 compromise the security of any correctional facility. 13 (c)(2)For the purposes of this Sectionparagraph, the 14 term "news media" means personnel of a newspaper or other 15 periodical issued at regular intervals, a news service, a 16 radio station, a television station, a community antenna 17 television service, or a person or corporation engaged in 18 making news reels or other motion picture news for public 19 showing. 20 (d)(3)Each law enforcement or correctional agency may 21 charge fees for arrest records, but in no instance may the 22 fee exceed the actual cost of copying and reproduction. The 23 fees may not include the cost of the labor used to reproduce 24 the arrest record. 25 (e)(4)The provisions of this Sectionparagraphdo not 26 supersede the confidentiality provisions for arrest records 27 of the Juvenile Court Act of 1987. 28 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.) 29 (20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part) 30 Sec. 2605-330. Firefighter background investigations. 3137.Upon the request of the chief of a volunteer fire 32 department, the Department shall conduct criminal background 33 investigations of prospective firefighters and report to the SB1591 Engrossed -155- LRB9111045EGfg 1 requesting chief any record of convictions maintained in the 2 Department's files about those persons. The Department may 3 charge a fee, based on actual costs, for the dissemination of 4 conviction information under this Sectionparagraph. The 5 Department may prescribe the form and manner for requesting 6 and furnishing conviction information under this Section 7paragraph. 8 (Source: P.A. 91-371, eff. 1-1-00; revised 11-3-99.) 9 (20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part) 10 Sec. 2605-475. Wireless Emergency Telephone Safety Act. 1137.To exercise the powers and perform the duties 12 specifically assigned to the Department under the Wireless 13 Emergency Telephone Safety Act with respect to the 14 development and improvement of emergency communications 15 procedures and facilities in such a manner as to facilitate a 16 quick response to any person calling the number "9-1-1" 17 seeking police, fire, medical, or other emergency services 18 through a wireless carrier as defined in Section 10 of the 19 Wireless Emergency Telephone Safety Act. Nothing in the 20 Wireless Emergency Telephone Safety Act shall require the 21 Illinois State Police to provide wireless enhanced 9-1-1 22 services. 23 (Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.) 24 Section 24. The Criminal Identification Act is amended 25 by changing Section 3 as follows: 26 (20 ILCS 2630/3) (from Ch. 38, par. 206-3) 27 Sec. 3. Information to be furnished peace officers and 28 commanding officers of certain military installations in 29 Illinois. 30 (A) The Department shall file or cause to be filed all 31 plates, photographs, outline pictures, measurements, SB1591 Engrossed -156- LRB9111045EGfg 1 descriptions and information which shall be received by it by 2 virtue of its office and shall make a complete and systematic 3 record and index of the same, providing thereby a method of 4 convenient reference and comparison. The Department shall 5 furnish, upon application, all information pertaining to the 6 identification of any person or persons, a plate, photograph, 7 outline picture, description, measurements, or any data of 8 which there is a record in its office. Such information shall 9 be furnished to peace officers of the United States, of other 10 states or territories, of the Insular possessions of the 11 United States, of foreign countries duly authorized to 12 receive the same, to all peace officers of the State of 13 Illinois, to investigators of the Illinois Law Enforcement 14 Training Standards Board and, conviction information only, to 15 units of local government, school districts and private 16 organizations, under the provisions of Section 2605-10, 17 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115, 18 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, 2605-205, 19 2605-210, 2605-215, 2605-250, 2605-275, 2605-300, 2605-305, 20 2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355, 21 2605-360, 2605-365, 2605-375, 2605-390, 2605-400, 2605-405, 22 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 23 of the Department of State Police Law (20 ILCS 2605/2605-10, 24 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105, 25 2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130, 26 2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205, 27 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275, 28 2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325, 29 2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355, 30 2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390, 31 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430, 32 2605/2605-435, 2605/2605-500, 2605/2605-525, or 33 2605/2605-550). Applications shall be in writing and 34 accompanied by a certificate, signed by the peace officer or SB1591 Engrossed -157- LRB9111045EGfg 1 chief administrative officer or his designee making such 2 application, to the effect that the information applied for 3 is necessary in the interest of and will be used solely in 4 the due administration of the criminal laws or for the 5 purpose of evaluating the qualifications and character of 6 employees, prospective employees, volunteers, or prospective 7 volunteers of units of local government, school districts, 8 and private organizations. 9 For the purposes of this subsection, "chief 10 administrative officer" is defined as follows: 11 a) The city manager of a city or, if a city does 12 not employ a city manager, the mayor of the city. 13 b) The manager of a village or, if a village does 14 not employ a manager, the president of the village. 15 c) The chairman or president of a county board or, 16 if a county has adopted the county executive form of 17 government, the chief executive officer of the county. 18 d) The president of the school board of a school 19 district. 20 e) The supervisor of a township. 21 f) The official granted general administrative 22 control of a special district, an authority, or 23 organization of government establishment by law which may 24 issue obligations and which either may levy a property 25 tax or may expend funds of the district, authority, or 26 organization independently of any parent unit of 27 government. 28 g) The executive officer granted general 29 administrative control of a private organization defined 30 in Section 2605-335 of the Department of State Police Law 31 (20 ILCS 2605/2605-335). 32 (B) Upon written application and payment of fees 33 authorized by this subsection, State agencies and units of 34 local government, not including school districts, are SB1591 Engrossed -158- LRB9111045EGfg 1 authorized to submit fingerprints of employees, prospective 2 employees and license applicants to the Department for the 3 purpose of obtaining conviction information maintained by the 4 Department and the Federal Bureau of Investigation about such 5 persons. The Department shall submit such fingerprints to 6 the Federal Bureau of Investigation on behalf of such 7 agencies and units of local government. The Department shall 8 charge an application fee, based on actual costs, for the 9 dissemination of conviction information pursuant to this 10 subsection. The Department is empowered to establish this 11 fee and shall prescribe the form and manner for requesting 12 and furnishing conviction information pursuant to this 13 subsection. 14 (C) Upon payment of fees authorized by this subsection, 15 the Department shall furnish to the commanding officer of a 16 military installation in Illinois having an arms storage 17 facility, upon written request of such commanding officer or 18 his designee, and in the form and manner prescribed by the 19 Department, all criminal history record information 20 pertaining to any individual seeking access to such a storage 21 facility, where such information is sought pursuant to a 22 federally-mandated security or criminal history check. 23 The Department shall establish and charge a fee, not to 24 exceed actual costs, for providing information pursuant to 25 this subsection. 26 (Source: P.A. 91-176, eff. 7-16-99; 91-239, eff. 1-1-00; 27 revised 10-12-99.) 28 Section 25. The Department of Transportation Law of the 29 Civil Administrative Code of Illinois is amended by changing 30 Section 2705-200 as follows: 31 (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16) 32 Sec. 2705-200. Master plan; reporting requirements. SB1591 Engrossed -159- LRB9111045EGfg 1 (a) The Department has the power to develop and maintain 2 a continuing, comprehensive, and integrated planning process 3 that shall develop and periodically revise a statewide master 4 plan for transportation to guide program development and to 5 foster efficient and economical transportation services in 6 ground, air, water, and all other modes of transportation 7 throughout the State. The Department shall coordinate its 8 transportation planning activities with those of other State 9 agencies and authorities and shall supervise and review any 10 transportation planning performed by other Executive agencies 11 under the direction of the Governor. The Department shall 12 cooperate and participate with federal, regional, interstate, 13 State, and local agencies, in accordance with Sections 5-301 14 and 7-301 of the Illinois Highway Code, and with interested 15 private individuals and organizations in the coordination of 16 plans and policies for development of the state's 17 transportation system. 18 To meet the provisions of this Section, the Department 19 shall publish and deliver to the Governor and General 20 Assembly by January 1, 1982 and every 2 years thereafter, its 21 master plan for highway, waterway, aeronautic, mass 22 transportation, and railroad systems. The plan shall 23 identify priority subsystems or components of each system 24 that are critical to the economic and general welfare of this 25theState regardless of public jurisdictional responsibility 26 or private ownership. 27 The master plan shall provide particular emphasis and 28 detail of the 5 year period in the immediate future. 29 Annual and 5 year project programs for each State system 30 in this Section shall be published and furnished the General 31 Assembly on the first Wednesday in April of each year. 32 Identified needs included in the project programs shall 33 be listed and mapped in a distinctive fashion to clearly 34 identify the priority status of the projects: (1) projects to SB1591 Engrossed -160- LRB9111045EGfg 1 be committed for execution; (2) tentative projects that are 2 dependent upon funding or other constraints; and (3) needed 3 projects that are not programmed due to lack of funding or 4 other constraints. 5 All projects shall be related to the priority systems of 6 the master plan, and the priority criteria identified. Cost 7 and estimated completion dates shall be included for work 8 required to complete a useable segment or component beyond 9 the 5 year period of the program. 10 (b) The Department shall publish and deliver to the 11 Governor and General Assembly on the first Wednesday in April 12 of each year a 5-year Highway Improvement Program reporting 13 the number of fiscal years each project has been on previous 14 5-year plans submitted by the Department. 15 (c) The Department shall publish and deliver to the 16 Governor and the General Assembly by November 1 of each year 17 a For the Record report that shall include the following: 18 (1) All the projects accomplished in the previous 19 fiscal year listed by each Illinois Department of 20 Transportation District. 21 (2) The award cost and the beginning dates of each 22 listed project. 23 (Source: P.A. 90-277, eff. 1-1-98; 91-239, eff. 1-1-00; 24 91-357, eff. 7-29-99; revised 8-12-99.) 25 Section 26. The Capital Development Board Act is amended 26 by changing Section 16 as follows: 27 (20 ILCS 3105/16) (from Ch. 127, par. 783b) 28 Sec. 16. (a) In addition to any other power granted in 29 this Act to adopt rules or regulations, the Board may adopt 30 regulations or rules relating to the issuance or renewal of 31 the prequalification of an architect, engineer or contractor 32 or the suspension or modification of the prequalification of SB1591 Engrossed -161- LRB9111045EGfg 1 any such person or entity including, without limitation, an 2 interim or emergency suspension or modification without a 3 hearing founded on any one or more of the bases set forth in 4 this Section. 5 (b) Among the bases for an interim or emergency 6 suspension or modification of prequalification are: 7 (1) A finding by the Board that the public interest, 8 safety or welfare requires a summary suspension or 9 modification of a prequalification without hearings. 10 (2) The occurrence of an event or series of events 11 which, in the Board's opinion, warrants a summary suspension 12 or modification of a prequalification without a hearing 13 including, without limitation, (i) the indictment of the 14 holder of the prequalification by a State or federal agency 15 or other branch of government for a crime; (ii) the 16 suspension or modification of a license or prequalification 17 by another State agency or federal agency or other branch of 18 government after hearings; (iii) a material breach of a 19 contract made between the Board and an architect, engineer or 20 contractor; and (iv) the failure to comply with State law 21 including, without limitation, theMinority and Female22 Business Enterprise for Minorities, Females, and Persons with 23 Disabilities Act, the prevailing wage requirements, and the 24 Steel Products Procurement Act. 25 (c) If a prequalification is suspended or modified by 26 the Board without hearings for any reason set forth in this 27 Section or in Section 10-65 of the Illinois Administrative 28 Procedure Act, as amended, the Board shall within 30 days of 29 the issuance of an order of suspension or modification of a 30 prequalification initiate proceedings for the suspension or 31 modification of or other action upon the prequalification. 32 (Source: P.A. 88-45; revised 8-23-99.) 33 Section 27. The State Finance Act is amended by setting SB1591 Engrossed -162- LRB9111045EGfg 1 forth, changing, and renumbering multiple versions of 2 Sections 5.490, 5.491, 5.492, 5.505, and 8.36 as follows: 3 (30 ILCS 105/5.490) 4 Sec. 5.490. The Horse Racing Equity Fund. 5 (Source: P.A. 91-40, eff. 6-25-99.) 6 (30 ILCS 105/5.491) 7 Sec. 5.491. The Illinois Racing Quarterhorse Breeders 8 Fund. 9 (Source: P.A. 91-40, eff. 6-25-99.) 10 (30 ILCS 105/5.492) 11 Sec. 5.492. The Horse Racing Fund. 12 (Source: P.A. 91-40, eff. 6-25-99.) 13 (30 ILCS 105/5.493) 14 Sec. 5.493.5.490.The Federal Workforce Development 15 Fund. 16 (Source: P.A. 91-34, eff. 7-1-99; revised 11-12-99.) 17 (30 ILCS 105/5.494) 18 Sec. 5.494.5.491.The Energy Assistance Contribution 19 Fund. 20 (Source: P.A. 91-34, eff. 7-1-99; revised 11-12-99.) 21 (30 ILCS 105/5.497) 22 Sec. 5.497.5.491.The Motor Vehicle License Plate Fund. 23 (Source: P.A. 91-37, eff. 7-1-99; revised 11-12-99.) 24 (30 ILCS 105/5.498) 25 Sec. 5.498.5.490.The Fund for Illinois' Future. 26 (Source: P.A. 91-38, eff. 6-15-99; revised 11-12-99.) SB1591 Engrossed -163- LRB9111045EGfg 1 (30 ILCS 105/5.499) 2 Sec. 5.499.5.490.The Video Conferencing User Fund. 3 (Source: P.A. 91-44, eff. 7-1-99; revised 11-12-99.) 4 (30 ILCS 105/5.501) 5 Sec. 5.501.5.505.The School Technology Revolving Loan 6 Fund. 7 (Source: P.A. 90-548, eff. 1-1-98; revised 12-18-99.) 8 (30 ILCS 105/5.502) 9 Sec. 5.502.5.491.The Electronic Commerce Security 10 Certification Fund. 11 (Source: P.A. 91-58, eff. 7-1-99; revised 11-12-99.) 12 (30 ILCS 105/5.503) 13 Sec. 5.503.5.490.The Prostate Cancer Research Fund. 14 (Source: P.A. 91-104, eff. 7-13-99; revised 11-12-99.) 15 (30 ILCS 105/5.504) 16 (Section scheduled to be repealed on July 16, 2003) 17 Sec. 5.504.5.490.The State Board of Education Fund. 18 This Section is repealed 4 years after the effective date of 19 this amendatory Act of the 91st General Assembly. 20 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.) 21 (30 ILCS 105/5.505) 22 (Section scheduled to be repealed on July 16, 2003) 23 Sec. 5.505.5.491.The State Board of Education Special 24 Purpose Trust Fund. This Section is repealed 4 years after 25 the effective date of this amendatory Act of the 91st General 26 Assembly. 27 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.) 28 (30 ILCS 105/5.506) SB1591 Engrossed -164- LRB9111045EGfg 1 (Section scheduled to be repealed on July 16, 2003) 2 Sec. 5.506.5.492.The Private Business and Vocational 3 Schools Fund. This Section is repealed 4 years after the 4 effective date of this amendatory Act of the 91st General 5 Assembly. 6 (Source: P.A. 91-143, eff. 7-16-99; revised 11-12-99.) 7 (30 ILCS 105/5.507) 8 Sec. 5.507.5.490.The Open Lands Loan Fund. 9 (Source: P.A. 91-220, eff. 7-21-99; revised 11-12-99.) 10 (30 ILCS 105/5.508) 11 Sec. 5.508.5.490.The Diesel Emissions Testing Fund. 12 (Source: P.A. 91-254, eff. 7-1-99; revised 11-12-99.) 13 (30 ILCS 105/5.509) 14 Sec. 5.509.5.490.The Death Certificate Surcharge Fund. 15 (Source: P.A. 91-382, eff. 7-30-99; revised 11-12-99.) 16 (30 ILCS 105/5.510) 17 Sec. 5.510.5.490.The Charter Schools Revolving Loan 18 Fund. 19 (Source: P.A. 91-407, eff. 8-3-99; revised 11-12-99.) 20 (30 ILCS 105/5.511) 21 Sec. 5.511.5.490.The Illinois Adoption Registry and 22 Medical Information Exchange Fund. 23 (Source: P.A. 91-417, eff. 1-1-00; revised 11-12-99.) 24 (30 ILCS 105/5.512) 25 Sec. 5.512.5.490.The Economic Development for a 26 Growing Economy Fund. 27 (Source: P.A. 91-476, eff. 8-11-99; revised 11-12-99.) SB1591 Engrossed -165- LRB9111045EGfg 1 (30 ILCS 105/5.513) 2 Sec. 5.513.5.490.The Illinois Aquaculture Development 3 Fund. 4 (Source: P.A. 91-530, eff. 8-13-99; revised 11-12-99.) 5 (30 ILCS 105/5.514) 6 Sec. 5.514. The5.490.Motor Carrier Safety Inspection 7 Fund. 8 (Source: P.A. 91-537, eff. 8-13-99; revised 11-12-99.) 9 (30 ILCS 105/5.515) 10 Sec. 5.515.5.490.The Airport Land Loan Revolving Fund. 11 (Source: P.A. 91-543, eff. 8-14-99; revised 11-12-99.) 12 (30 ILCS 105/5.516) 13 Sec. 5.516.5.490.The Illinois Value-Added Agriculture 14 Enhancement Program Fund. 15 (Source: P.A. 91-560, eff. 8-14-99; revised 11-12-99.) 16 (30 ILCS 105/5.517) 17 Sec. 5.517.5.490.The Illinois Building Commission 18 Revolving Fund. 19 (Source: P.A. 91-581, eff. 8-14-99; revised 11-12-99.) 20 (30 ILCS 105/5.518) 21 Sec. 5.518. The5.490.Capital Litigation Trust Fund. 22 (Source: P.A. 91-589, eff. 1-1-00; revised 11-12-99.) 23 (30 ILCS 105/5.519) 24 Sec. 5.519.5.490.The Small Business Incubator Fund. 25 (Source: P.A. 91-592, eff. 8-14-99; revised 11-12-99.) 26 (30 ILCS 105/5.520) 27 Sec. 5.520.5.490.The Auction Regulation Administration SB1591 Engrossed -166- LRB9111045EGfg 1 Fund. 2 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.) 3 (30 ILCS 105/5.521) 4 Sec. 5.521.5.491.The Auction Recovery Fund. 5 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.) 6 (30 ILCS 105/5.522) 7 Sec. 5.522.5.492.The Auction Education Fund. 8 (Source: P.A. 91-603, eff. 1-1-00; revised 11-12-99.) 9 (30 ILCS 105/5.523) 10 Sec. 5.523.5.490.The International Tourism Fund. 11 (Source: P.A. 91-604, eff. 8-16-99; revised 11-12-99.) 12 (30 ILCS 105/5.524) 13 Sec. 5.524.5.490.The NOx Trading System Fund. 14 (Source: P.A. 91-631, eff. 8-19-99; revised 11-12-99.) 15 (30 ILCS 105/5.525) 16 Sec. 5.525. The5.490.John Joseph Kelly Home Fund. 17 (Source: P.A. 91-634, eff. 8-19-99; revised 11-12-99.) 18 (30 ILCS 105/5.526) 19 Sec. 5.526.5.490.The Insurance Premium Tax Refund 20 Fund. 21 (Source: P.A. 91-643, eff. 8-20-99; revised 11-12-99.) 22 (30 ILCS 105/5.527) 23 (This Section may contain text from a Public Act with a 24 delayed effective date) 25 Sec. 5.527.5.490.The Assisted Living and Shared 26 Housing Regulatory Fund. 27 (Source: P.A. 91-656, eff. 1-1-01; revised 1-19-00.) SB1591 Engrossed -167- LRB9111045EGfg 1 (30 ILCS 105/5.528) 2 Sec. 5.528.5.490.The Academic Improvement Trust Fund 3 for Community College Foundations. 4 (Source: P.A. 91-664, eff. 12-22-99; revised 1-19-99.) 5 (30 ILCS 105/5.529) 6 Sec. 5.529. The5.490.Wireless Service Emergency Fund. 7 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.) 8 (30 ILCS 105/5.530) 9 Sec. 5.530. The5.491.State Police Wireless Service 10 Emergency Fund. 11 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.) 12 (30 ILCS 105/5.531) 13 Sec. 5.531. The5.492.Wireless Carrier Reimbursement 14 Fund. 15 (Source: P.A. 91-660, eff. 12-22-99; revised 1-19-00.) 16 (30 ILCS 105/8.36) 17 Sec. 8.36. Airport Land Loan Revolving Fund. 18 Appropriations for loans to public airport owners by the 19 Department of Transportation pursuant to Section 34b of the 20 Illinois Aeronautics Act shall be payable from the Airport 21 Land Loan Revolving Fund. 22 (Source: P.A. 91-543, eff. 8-14-99.) 23 (30 ILCS 105/8.37) 24 Sec. 8.37.8.36.State Police Wireless Service Emergency 25 Fund. 26 (a) The State Police Wireless Service Emergency Fund is 27 created as a special fund in the State Treasury. 28 (b) Grants to the Department of State Police from the 29 Wireless Service Emergency Fund shall be deposited into the SB1591 Engrossed -168- LRB9111045EGfg 1 State Police Wireless Service Emergency Fund and shall be 2 used in accordance with Section 20 of the Wireless Emergency 3 Telephone Safety Act. 4 (c) On July 1, 1999, the State Comptroller and State 5 Treasurer shall transfer $1,300,000 from the General Revenue 6 Fund to the State Police Wireless Service Emergency Fund. On 7 June 30, 2003 the State Comptroller and State Treasurer shall 8 transfer $1,300,000 from the State Police Wireless Service 9 Emergency Fund to the General Revenue Fund. 10 (Source: P.A. 91-660, eff. 12-22-99; revised 1-17-00.) 11 Section 28. The General Obligation Bond Act is amended 12 by changing Sections 4 and 9 as follows: 13 (30 ILCS 330/4) (from Ch. 127, par. 654) 14 Sec. 4. Transportation. The amount of $5,312,270,000 is 15 authorized for use by the Department of Transportation for 16 the specific purpose of promoting and assuring rapid, 17 efficient, and safe highway, air and mass transportation for 18 the inhabitants of the State by providing monies, including 19 the making of grants and loans, for the acquisition, 20 construction, reconstruction, extension and improvement of 21 the following transportation facilities and equipment, and 22 for the acquisition of real property and interests in real 23 property required or expected to be required in connection 24 therewith as follows: 25 (a) $3,431,000,000 for State highways, arterial 26 highways, freeways, roads, bridges, structures separating 27 highways and railroads and roads, and bridges on roads 28 maintained by counties, municipalities, townships or road 29 districts for the following specific purposes: 30 (1) $3,330,000,000 for use statewide, 31 (2) $3,641,000 for use outside the Chicago 32 urbanized area, SB1591 Engrossed -169- LRB9111045EGfg 1 (3) $7,543,000 for use within the Chicago urbanized 2 area, 3 (4) $13,060,600 for use within the City of Chicago, 4 (5) $57,894,500 for use within the counties of 5 Cook, DuPage, Kane, Lake, McHenry and Will, and 6 (6) $18,860,900 for use outside the counties of 7 Cook, DuPage, Kane, Lake, McHenry and Will. 8 (b) $1,529,670,000 for rail facilities and for mass 9 transit facilities, as defined in Section 2705-305 of the 10 Department of Transportation Law (20 ILCS 2705/2705-305), 11 including rapid transit, rail, bus and other equipment used 12 in connection therewith by the State or any unit of local 13 government, special transportation district, municipal 14 corporation or other corporation or public authority 15 authorized to provide and promote public transportation 16 within the State or two or more of the foregoing jointly, for 17 the following specific purposes: 18 (1) $1,433,870,000 statewide, 19 (2) $83,350,000 for use within the counties of 20 Cook, DuPage, Kane, Lake, McHenry and Will, 21 (3) $12,450,000 for use outside the counties of 22 Cook, DuPage, Kane, Lake, McHenry and Will. 23 (c) $351,600,000 for airport or aviation facilities and 24 any equipment used in connection therewith, including 25 engineering and land acquisition costs, by the State or any 26 unit of local government, special transportation district, 27 municipal corporation or other corporation or public 28 authority authorized to provide public transportation within 29 the State, or two or more of the foregoing acting jointly. 30 (Source: P.A. 90-8, eff. 12-8-97 (changed from 6-1-98 by P.A. 31 90-549); 90-586, eff. 6-4-98; 91-39, eff. 6-15-99; 91-239, 32 eff. 1-1-00; revised 8-6-99.) 33 (30 ILCS 330/9) (from Ch. 127, par. 659) SB1591 Engrossed -170- LRB9111045EGfg 1 Sec. 9. Conditions for Issuance and Sale of Bonds - 2 Requirements for Bonds. Bonds shall be issued and sold from 3 time to time, in one or more series, in such amounts and at 4 such prices as may be directed by the Governor, upon 5 recommendation by the Director of the Bureau of the Budget. 6 Bonds shall be in such form (either coupon, registered or 7 book entry), in such denominations, payable within 30 years 8 from their date, subject to such terms of redemption with or 9 without premium, bear interest payable at such times and at 10 such fixed rate or rates, andthe Bond Authorization Actbe 11 dated as shall be fixed and determined by the Director of the 12 Bureau of the Budget in the order authorizing the issuance 13 and sale of any series of Bonds, which order shall be 14 approved by the Governor and is herein called a "Bond Sale 15 Order"; provided however, that interest shall not exceed that 16 permitted in the Bond Authorization Act, as now or hereafter 17 amended. Said Bonds shall be payable at such place or 18 places, within or without the State of Illinois, and may be 19 made registrable as to either principal or as to both 20 principal and interest, as shall be specified in the Bond 21 Sale Order. Bonds may be callable or subject to purchase and 22 retirement as fixed and determined in the Bond Sale Order.,23 (Source: P.A. 91-39, eff. 6-15-99; 91-357, eff. 7-29-99; 24 revised 8-23-99.) 25 Section 29. The Local Government Debt Reform Act is 26 amended by changing Section 15 as follows: 27 (30 ILCS 350/15) (from Ch. 17, par. 6915) 28 Sec. 15. Double-barrelled bonds. Whenever revenue bonds 29 have been authorized to be issued pursuant to applicable law 30 or whenever there exists for a governmental unit a revenue 31 source, the procedures set forth in this Section may be used 32 by a governing body. General obligation bonds may be issued SB1591 Engrossed -171- LRB9111045EGfg 1 in lieu of such revenue bonds as authorized, and general 2 obligation bonds may be issued payable from any revenue 3 source. Such general obligation bonds may be referred to as 4 "alternate bonds". Alternate bonds may be issued without any 5 referendum or backdoor referendum except as provided in this 6 Section, upon the terms provided in Section 10 of this Act 7 without reference to other provisions of law, but only upon 8 the conditions provided in this Section. Alternate bonds 9 shall not be regarded as or included in any computation of 10 indebtedness for the purpose of any statutory provision or 11 limitation except as expressly provided in this Section. 12 Such conditions are: 13 (a) Alternate bonds shall be issued for a lawful 14 corporate purpose. If issued in lieu of revenue bonds, 15 alternate bonds shall be issued for the purposes for which 16 such revenue bonds shall have been authorized. If issued 17 payable from a revenue source in the manner hereinafter 18 provided, which revenue source is limited in its purposes or 19 applications, then the alternate bonds shall be issued only 20 for such limited purposes or applications. Alternate bonds 21 may be issued payable from either enterprise revenues or 22 revenue sources, or both. 23 (b) Alternate bonds shall be subject to backdoor 24 referendum. The provisions of Section 5 of this Act shall 25 apply to such backdoor referendum, together with the 26 provisions hereof. The authorizing ordinance shall be 27 published in a newspaper of general circulation in the 28 governmental unit. Along with or as part of the authorizing 29 ordinance, there shall be published a notice of (1) the 30 specific number of voters required to sign a petition 31 requesting that the issuance of the alternate bonds be 32 submitted to referendum, (2) the time when such petition must 33 be filed, (3) the date of the prospective referendum, and 34 (4), with respect to authorizing ordinances adopted on or SB1591 Engrossed -172- LRB9111045EGfg 1 after January 1, 1991, a statement that identifies any 2 revenue source that will be used to pay the principal of and 3 interest on the alternate bonds. The clerk or secretary of 4 the governmental unit shall make a petition form available to 5 anyone requesting one. If no petition is filed with the 6 clerk or secretary within 30 days of publication of the 7 authorizing ordinance and notice, the alternate bonds shall 8 be authorized to be issued. But if within this 30 days 9 period, a petition is filed with such clerk or secretary 10 signed by electors numbering the greater of (i) 7.5% of the 11 registered voters in the governmental unit or (ii) 200 of 12 those registered voters or 15% of those registered voters, 13 whichever is less, asking that the issuance of such alternate 14 bonds be submitted to referendum, the clerk or secretary 15 shall certify such question for submission at an election 16 held in accordance with the general election law. The 17 question on the ballot shall include a statement of any 18 revenue source that will be used to pay the principal of and 19 interest on the alternate bonds. The alternate bonds shall be 20 authorized to be issued if a majority of the votes cast on 21 the question at such election are in favor thereof provided 22 that notice of the bond referendum, if held before July 1, 23 1999, has been given in accordance with the provisions of 24 Section 12-5 of the Election Code in effect at the time of 25 the bond referendum, at least 10 and not more than 45 days 26 before the date of the election, notwithstanding the time for 27 publication otherwise imposed by Section 12-5. Notices 28 required in connection with the submission of public 29 questions on or after July 1, 1999 shall be as set forth in 30 Section 12-5 of the Election Code. Backdoor referendum 31 proceedings for bonds and alternate bonds to be issued in 32 lieu of such bonds may be conducted at the same time. 33 (c) To the extent payable from enterprise revenues, such 34 revenues shall have been determined by the governing body to SB1591 Engrossed -173- LRB9111045EGfg 1 be sufficient to provide for or pay in each year to final 2 maturity of such alternate bonds all of the following: (1) 3 costs of operation and maintenance of the utility or 4 enterprise, but not including depreciation, (2) debt service 5 on all outstanding revenue bonds payable from such enterprise 6 revenues, (3) all amounts required to meet any fund or 7 account requirements with respect to such outstanding revenue 8 bonds, (4) other contractual or tort liability obligations, 9 if any, payable from such enterprise revenues, and (5) in 10 each year, an amount not less than 1.25 times debt service of 11 all (i) alternate bonds payable from such enterprise revenues 12 previously issued and outstanding and (ii) alternate bonds 13 proposed to be issued. To the extent payable from one or 14 more revenue sources, such sources shall have been determined 15 by the governing body to provide in each year, an amount not 16 less than 1.25 times debt service of all alternate bonds 17 payable from such revenue sources previously issued and 18 outstanding and alternate bonds proposed to be issued. The 19 conditions enumerated in this subsection (c) need not be met 20 for that amount of debt service provided for by the setting 21 aside of proceeds of bonds or other moneys at the time of the 22 delivery of such bonds. 23 (d) The determination of the sufficiency of enterprise 24 revenues or a revenue source, as applicable, shall be 25 supported by reference to the most recent audit of the 26 governmental unit, which shall be for a fiscal year ending 27 not earlier than 18 months previous to the time of issuance 28 of the alternate bonds. If such audit does not adequately 29 show such enterprise revenues or revenue source, as 30 applicable, or if such enterprise revenues or revenue source, 31 as applicable, are shown to be insufficient, then the 32 determination of sufficiency shall be supported by the report 33 of an independent accountant or feasibility analyst, the 34 latter having a national reputation for expertise in such SB1591 Engrossed -174- LRB9111045EGfg 1 matters, demonstrating the sufficiency of such revenues and 2 explaining, if appropriate, by what means the revenues will 3 be greater than as shown in the audit. Whenever such 4 sufficiency is demonstrated by reference to a schedule of 5 higher rates or charges for enterprise revenues or a higher 6 tax imposition for a revenue source, such higher rates, 7 charges or taxes shall have been properly imposed by an 8 ordinance adopted prior to the time of delivery of alternate 9 bonds. The reference to and acceptance of an audit or 10 report, as the case may be, and the determination of the 11 governing body as to sufficiency of enterprise revenues or a 12 revenue source shall be conclusive evidence that the 13 conditions of this Section have been met and that the 14 alternate bonds are valid. 15 (e) The enterprise revenues or revenue source, as 16 applicable, shall be in fact pledged to the payment of the 17 alternate bonds; and the governing body shall covenant, to 18 the extent it is empowered to do so, to provide for, collect 19 and apply such enterprise revenues or revenue source, as 20 applicable, to the payment of the alternate bonds and the 21 provision of not less than an additional .25 times debt 22 service. The pledge and establishment of rates or charges 23 for enterprise revenues, or the imposition of taxes in a 24 given rate or amount, as provided in this Section for 25 alternate bonds, shall constitute a continuing obligation of 26 the governmental unit with respect to such establishment or 27 imposition and a continuing appropriation of the amounts 28 received. All covenants relating to alternate bonds and the 29 conditions and obligations imposed by this Section are 30 enforceable by any bondholder of alternate bonds affected, 31 any taxpayer of the governmental unit, and the People of the 32 State of Illinois acting through the Attorney General or any 33 designee, and in the event that any such action results in an 34 order finding that the governmental unit has not properly set SB1591 Engrossed -175- LRB9111045EGfg 1 rates or charges or imposed taxes to the extent it is 2 empowered to do so or collected and applied enterprise 3 revenues or any revenue source, as applicable, as required by 4 this Act, the plaintiff in any such action shall be awarded 5 reasonable attorney's fees. The intent is that such 6 enterprise revenues or revenue source, as applicable, shall 7 be sufficient and shall be applied to the payment of debt 8 service on such alternate bonds so that taxes need not be 9 levied, or if levied need not be extended, for such payment. 10 Nothing in this Section shall inhibit or restrict the 11 authority of a governing body to determine the lien priority 12 of any bonds, including alternate bonds, which may be issued 13 with respect to any enterprise revenues or revenue source. 14 In the event that alternate bonds shall have been issued 15 and taxes, other than a designated revenue source, shall have 16 been extended pursuant to the general obligation, full faith 17 and credit promise supporting such alternate bonds, then the 18 amount of such alternate bonds then outstanding shall be 19 included in the computation of indebtedness of the 20 governmental unit for purposes of all statutory provisions or 21 limitations until such time as an audit of the governmental 22 unit shall show that the alternate bonds have been paid from 23 the enterprise revenues or revenue source, as applicable, 24 pledged thereto for a complete fiscal year. 25 Alternate bonds may be issued to refund or advance refund 26 alternate bonds without meeting any of the conditions set 27 forth in this Section, except that the term of the refunding 28 bonds shall not be longer than the term of the refunded bonds 29 and that the debt service payable in any year on the 30 refunding bonds shall not exceed the debt service payable in 31 such year on the refunded bonds. 32 Once issued, alternate bonds shall be and forever remain 33 until paid or defeased the general obligation of the 34 governmental unit, for the payment of which its full faith SB1591 Engrossed -176- LRB9111045EGfg 1 and credit are pledged, and shall be payable from the levy of 2 taxes as is provided in this Act for general obligation 3 bonds. 4 The changes made by this amendatory Act of 1990 do not 5 affect the validity of bonds authorized before September 1, 6 1990. 7 (Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99; 8 91-493, eff. 8-13-99; revised 10-9-99.) 9 Section 30. The Downstate Public Transportation Act is 10 amended by changing Section 2-7 as follows: 11 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667) 12 Sec. 2-7. Quarterly reports; annual audit. 13 (a) Any Metro-East Transit District participant shall, 14 no later than 30 days following the end of each month of any 15 fiscal year, file with the Department on forms provided by 16 the Department for that purpose, a report of the actual 17 operating deficit experienced during that quarter. The 18 Department shall, upon receipt of the quarterly report, and 19 upon determining that such operating deficits were incurred 20 in conformity with the program of proposed expenditures 21 approved by the Department pursuant to Section 2-11, pay to 22 any Metro-East Transit District participant such portion of 23 such operating deficit as funds have been transferred to the 24 Metro-East Transit Public Transportation Fund and allocated 25 to that Metro-East Transit District participant. 26 (b) Each participant other than any Metro-East Transit 27 District participant shall, 30 days before the end of each 28 quarter, file with the Department on forms provided by the 29 Department for such purposes a report of the projected 30 eligible operating expenses to be incurred in the next 31 quarter and 30 days before the third and fourth quarters of 32 any fiscal year a statement of actual eligible operating SB1591 Engrossed -177- LRB9111045EGfg 1 expenses incurred in the preceding quarters. Within 45 days 2 of receipt by the Department of such quarterly report, the 3 Comptroller shall order paid and the Treasurer shall pay from 4 the Downstate Public Transportation Fund to each participant 5 an amount equal to one-third of such participant's eligible 6 operating expenses; provided, however, that in Fiscal Year 7 1997, the amount paid to each participant from the Downstate 8 Public Transportation Fund shall be an amount equal to 47% of 9 such participant's eligible operating expenses and shall be 10 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 11 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001 12 and thereafter; however, in any year that a participant 13 receives funding under subsection (i) of Section 2705-305 of 14 the Department of Transportation Law (20 ILCS 2705/2705-305), 15 that participant shall be eligible only for assistance equal 16 to the following percentage of its eligible operating 17 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998, 18 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in 19 Fiscal Year 2001 and thereafter. Any such payment for the 20 third and fourth quarters of any fiscal year shall be 21 adjusted to reflect actual eligible operating expenses for 22 preceding quarters of such fiscal year. However, no 23 participant shall receive an amount less than that which was 24 received in the immediate prior year, provided in the event 25 of a shortfall in the fund those participants receiving less 26 than their full allocation pursuant to Section 2-6 of this 27 Article shall be the first participants to receive an amount 28 not less than that received in the immediate prior year. 29 (c) No later than 180 days following the last day of the 30 Fiscal Year each participant shall provide the Department 31 with an audit prepared by a Certified Public Accountant 32 covering that Fiscal Year. Any discrepancy between the 33 grants paid and one-third of the eligible operating expenses 34 or in the case of the Bi-State Metropolitan Development SB1591 Engrossed -178- LRB9111045EGfg 1 District the approved program amount shall be reconciled by 2 appropriate payment or credit. Beginning in Fiscal Year 1985, 3 for those participants other than the Bi-State Metropolitan 4 Development District, any discrepancy between the grants paid 5 and the percentage of the eligible operating expenses 6 provided for by paragraph (b) of this Section shall be 7 reconciled by appropriate payment or credit. 8 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 9 revised 8-9-99.) 10 Section 31. The State Mandates Act is amended by 11 changing Section 8.23 as follows: 12 (30 ILCS 805/8.23) 13 Sec. 8.23. Exempt mandatesmandate. 14 (a) Notwithstanding Sections 6 and 8 of this Act, no 15 reimbursement by the State is required for the implementation 16 of any mandate created by Public Act 91-17, 91-56, 91-254, 17 91-401, 91-466, 91-474, 91-478, 91-486, 91-523, 91-578, 18 91-617, 91-635, or 91-651this amendatory Act of the 91st19General Assembly 1999. 20 (b) Notwithstanding Sections 6 and 8 of this Act and 21 except for the payment provided in subsection (k) of Section 22 21-14 of the School Code, no reimbursement by the State is 23 required for the implementation of any mandate created by 24 Public Act 91-102this amendatory Act of the 91st General25Assembly. 26 (Source: P.A. 91-17, eff. 6-4-99; 91-56, eff. 6-30-99; 27 91-102, eff. 7-12-99; 91-254, eff. 7-1-00; 91-401, eff. 28 1-1-00; 91-466, eff. 8-6-99; 91-474, eff. 11-1-99; 91-478, 29 eff. 11-1-99; 91-486, eff. 1-1-00; 91-523, eff. 1-1-00; 30 91-578, eff. 8-14-99; 91-617, eff. 1-1-00; 91-635, eff. 31 8-20-99; 91-651, eff. 1-1-00; revised 1-19-00.) SB1591 Engrossed -179- LRB9111045EGfg 1 Section 32. The Illinois Income Tax Act is amended by 2 changing Sections 201, 203, 509, 510, and 901 as follows: 3 (35 ILCS 5/201) (from Ch. 120, par. 2-201) 4 Sec. 201. Tax Imposed. 5 (a) In general. A tax measured by net income is hereby 6 imposed on every individual, corporation, trust and estate 7 for each taxable year ending after July 31, 1969 on the 8 privilege of earning or receiving income in or as a resident 9 of this State. Such tax shall be in addition to all other 10 occupation or privilege taxes imposed by this State or by any 11 municipal corporation or political subdivision thereof. 12 (b) Rates. The tax imposed by subsection (a) of this 13 Section shall be determined as follows, except as adjusted by 14 subsection (d-1): 15 (1) In the case of an individual, trust or estate, 16 for taxable years ending prior to July 1, 1989, an amount 17 equal to 2 1/2% of the taxpayer's net income for the 18 taxable year. 19 (2) In the case of an individual, trust or estate, 20 for taxable years beginning prior to July 1, 1989 and 21 ending after June 30, 1989, an amount equal to the sum of 22 (i) 2 1/2% of the taxpayer's net income for the period 23 prior to July 1, 1989, as calculated under Section 202.3, 24 and (ii) 3% of the taxpayer's net income for the period 25 after June 30, 1989, as calculated under Section 202.3. 26 (3) In the case of an individual, trust or estate, 27 for taxable years beginning after June 30, 1989, an 28 amount equal to 3% of the taxpayer's net income for the 29 taxable year. 30 (4) (Blank). 31 (5) (Blank). 32 (6) In the case of a corporation, for taxable years 33 ending prior to July 1, 1989, an amount equal to 4% of SB1591 Engrossed -180- LRB9111045EGfg 1 the taxpayer's net income for the taxable year. 2 (7) In the case of a corporation, for taxable years 3 beginning prior to July 1, 1989 and ending after June 30, 4 1989, an amount equal to the sum of (i) 4% of the 5 taxpayer's net income for the period prior to July 1, 6 1989, as calculated under Section 202.3, and (ii) 4.8% of 7 the taxpayer's net income for the period after June 30, 8 1989, as calculated under Section 202.3. 9 (8) In the case of a corporation, for taxable years 10 beginning after June 30, 1989, an amount equal to 4.8% of 11 the taxpayer's net income for the taxable year. 12 (c) Beginning on July 1, 1979 and thereafter, in 13 addition to such income tax, there is also hereby imposed the 14 Personal Property Tax Replacement Income Tax measured by net 15 income on every corporation (including Subchapter S 16 corporations), partnership and trust, for each taxable year 17 ending after June 30, 1979. Such taxes are imposed on the 18 privilege of earning or receiving income in or as a resident 19 of this State. The Personal Property Tax Replacement Income 20 Tax shall be in addition to the income tax imposed by 21 subsections (a) and (b) of this Section and in addition to 22 all other occupation or privilege taxes imposed by this State 23 or by any municipal corporation or political subdivision 24 thereof. 25 (d) Additional Personal Property Tax Replacement Income 26 Tax Rates. The personal property tax replacement income tax 27 imposed by this subsection and subsection (c) of this Section 28 in the case of a corporation, other than a Subchapter S 29 corporation and except as adjusted by subsection (d-1), shall 30 be an additional amount equal to 2.85% of such taxpayer's net 31 income for the taxable year, except that beginning on January 32 1, 1981, and thereafter, the rate of 2.85% specified in this 33 subsection shall be reduced to 2.5%, and in the case of a 34 partnership, trust or a Subchapter S corporation shall be an SB1591 Engrossed -181- LRB9111045EGfg 1 additional amount equal to 1.5% of such taxpayer's net income 2 for the taxable year. 3 (d-1) Rate reduction for certain foreign insurers. In 4 the case of a foreign insurer, as defined by Section 35A-5 of 5 the Illinois Insurance Code, whose state or country of 6 domicile imposes on insurers domiciled in Illinois a 7 retaliatory tax (excluding any insurer whose reinsurance 8 premiums assumed are 50% or more of its total insurance 9 premiums as determined under paragraph (2) of subsection (b) 10 of Section 304, except that for purposes of this 11 determination reinsurance premiums do not include assumed 12 premiums from inter-affiliate pooling arrangements), 13 beginning with taxable years ending on or after December 31, 14 1999 and ending with taxable years ending on or before 15 December 31, 2000, the sum of the rates of tax imposed by 16 subsections (b) and (d) shall be reduced (but not increased) 17 to the rate at which the total amount of tax imposed under 18 this Act, net of all credits allowed under this Act, shall 19 equal (i) the total amount of tax that would be imposed on 20 the foreign insurer's net income allocable to Illinois for 21 the taxable year by such foreign insurer's state or country 22 of domicile if that net income were subject to all income 23 taxes and taxes measured by net income imposed by such 24 foreign insurer's state or country of domicile, net of all 25 credits allowed or (ii) a rate of zero if no such tax is 26 imposed on such income by the foreign insurer's state of 27 domicile. 28 (1) For the purposes of subsection (d-1), in no 29 event shall the sum of the rates of tax imposed by 30 subsections (b) and (d) be reduced below the rate at 31 which the sum of: 32 (A) the total amount of tax imposed on such 33 foreign insurer under this Act for a taxable year, 34 net of all credits allowed under this Act, plus SB1591 Engrossed -182- LRB9111045EGfg 1 (B) the privilege tax imposed by Section 409 2 of the Illinois Insurance Code, the fire insurance 3 company tax imposed by Section 12 of the Fire 4 Investigation Act, and the fire department taxes 5 imposed under Section 11-10-1 of the Illinois 6 Municipal Code, 7 equals 1.25% of the net taxable premiums written for the 8 taxable year, as described by subsection (1) of Section 9 409 of the Illinois Insurance Code. This paragraph will 10 in no event increase the rates imposed under subsections 11 (b) and (d). 12 (2) Any reduction in the rates of tax imposed by 13 this subsection shall be applied first against the rates 14 imposed by subsection (b) and only after the tax imposed 15 by subsection (a) net of all credits allowed under this 16 Section other than the credit allowed under subsection 17 (i) has been reduced to zero, against the rates imposed 18 by subsection (d). 19 (3) The provisions of this subsection (d-1) are 20 effective only through December 31, 2000 and cease to be 21 effective on January 1, 2001; but this does not affect 22 any claim or obligation based upon the use or application 23 of this subsection for tax years ending on December 31, 24 2000 or earlier. 25 (e) Investment credit. A taxpayer shall be allowed a 26 credit against the Personal Property Tax Replacement Income 27 Tax for investment in qualified property. 28 (1) A taxpayer shall be allowed a credit equal to 29 .5% of the basis of qualified property placed in service 30 during the taxable year, provided such property is placed 31 in service on or after July 1, 1984. There shall be 32 allowed an additional credit equal to .5% of the basis of 33 qualified property placed in service during the taxable 34 year, provided such property is placed in service on or SB1591 Engrossed -183- LRB9111045EGfg 1 after July 1, 1986, and the taxpayer's base employment 2 within Illinois has increased by 1% or more over the 3 preceding year as determined by the taxpayer's employment 4 records filed with the Illinois Department of Employment 5 Security. Taxpayers who are new to Illinois shall be 6 deemed to have met the 1% growth in base employment for 7 the first year in which they file employment records with 8 the Illinois Department of Employment Security. The 9 provisions added to this Section by Public Act 85-1200 10 (and restored by Public Act 87-895) shall be construed as 11 declaratory of existing law and not as a new enactment. 12 If, in any year, the increase in base employment within 13 Illinois over the preceding year is less than 1%, the 14 additional credit shall be limited to that percentage 15 times a fraction, the numerator of which is .5% and the 16 denominator of which is 1%, but shall not exceed .5%. 17 The investment credit shall not be allowed to the extent 18 that it would reduce a taxpayer's liability in any tax 19 year below zero, nor may any credit for qualified 20 property be allowed for any year other than the year in 21 which the property was placed in service in Illinois. For 22 tax years ending on or after December 31, 1987, and on or 23 before December 31, 1988, the credit shall be allowed for 24 the tax year in which the property is placed in service, 25 or, if the amount of the credit exceeds the tax liability 26 for that year, whether it exceeds the original liability 27 or the liability as later amended, such excess may be 28 carried forward and applied to the tax liability of the 5 29 taxable years following the excess credit years if the 30 taxpayer (i) makes investments which cause the creation 31 of a minimum of 2,000 full-time equivalent jobs in 32 Illinois, (ii) is located in an enterprise zone 33 established pursuant to the Illinois Enterprise Zone Act 34 and (iii) is certified by the Department of Commerce and SB1591 Engrossed -184- LRB9111045EGfg 1 Community Affairs as complying with the requirements 2 specified in clause (i) and (ii) by July 1, 1986. The 3 Department of Commerce and Community Affairs shall notify 4 the Department of Revenue of all such certifications 5 immediately. For tax years ending after December 31, 6 1988, the credit shall be allowed for the tax year in 7 which the property is placed in service, or, if the 8 amount of the credit exceeds the tax liability for that 9 year, whether it exceeds the original liability or the 10 liability as later amended, such excess may be carried 11 forward and applied to the tax liability of the 5 taxable 12 years following the excess credit years. The credit shall 13 be applied to the earliest year for which there is a 14 liability. If there is credit from more than one tax year 15 that is available to offset a liability, earlier credit 16 shall be applied first. 17 (2) The term "qualified property" means property 18 which: 19 (A) is tangible, whether new or used, 20 including buildings and structural components of 21 buildings and signs that are real property, but not 22 including land or improvements to real property that 23 are not a structural component of a building such as 24 landscaping, sewer lines, local access roads, 25 fencing, parking lots, and other appurtenances; 26 (B) is depreciable pursuant to Section 167 of 27 the Internal Revenue Code, except that "3-year 28 property" as defined in Section 168(c)(2)(A) of that 29 Code is not eligible for the credit provided by this 30 subsection (e); 31 (C) is acquired by purchase as defined in 32 Section 179(d) of the Internal Revenue Code; 33 (D) is used in Illinois by a taxpayer who is 34 primarily engaged in manufacturing, or in mining SB1591 Engrossed -185- LRB9111045EGfg 1 coal or fluorite, or in retailing; and 2 (E) has not previously been used in Illinois 3 in such a manner and by such a person as would 4 qualify for the credit provided by this subsection 5 (e) or subsection (f). 6 (3) For purposes of this subsection (e), 7 "manufacturing" means the material staging and production 8 of tangible personal property by procedures commonly 9 regarded as manufacturing, processing, fabrication, or 10 assembling which changes some existing material into new 11 shapes, new qualities, or new combinations. For purposes 12 of this subsection (e) the term "mining" shall have the 13 same meaning as the term "mining" in Section 613(c) of 14 the Internal Revenue Code. For purposes of this 15 subsection (e), the term "retailing" means the sale of 16 tangible personal property or services rendered in 17 conjunction with the sale of tangible consumer goods or 18 commodities. 19 (4) The basis of qualified property shall be the 20 basis used to compute the depreciation deduction for 21 federal income tax purposes. 22 (5) If the basis of the property for federal income 23 tax depreciation purposes is increased after it has been 24 placed in service in Illinois by the taxpayer, the amount 25 of such increase shall be deemed property placed in 26 service on the date of such increase in basis. 27 (6) The term "placed in service" shall have the 28 same meaning as under Section 46 of the Internal Revenue 29 Code. 30 (7) If during any taxable year, any property ceases 31 to be qualified property in the hands of the taxpayer 32 within 48 months after being placed in service, or the 33 situs of any qualified property is moved outside Illinois 34 within 48 months after being placed in service, the SB1591 Engrossed -186- LRB9111045EGfg 1 Personal Property Tax Replacement Income Tax for such 2 taxable year shall be increased. Such increase shall be 3 determined by (i) recomputing the investment credit which 4 would have been allowed for the year in which credit for 5 such property was originally allowed by eliminating such 6 property from such computation and, (ii) subtracting such 7 recomputed credit from the amount of credit previously 8 allowed. For the purposes of this paragraph (7), a 9 reduction of the basis of qualified property resulting 10 from a redetermination of the purchase price shall be 11 deemed a disposition of qualified property to the extent 12 of such reduction. 13 (8) Unless the investment credit is extended by 14 law, the basis of qualified property shall not include 15 costs incurred after December 31, 2003, except for costs 16 incurred pursuant to a binding contract entered into on 17 or before December 31, 2003. 18 (9) Each taxable year, a partnership may elect to 19 pass through to its partners the credits to which the 20 partnership is entitled under this subsection (e) for the 21 taxable year. A partner may use the credit allocated to 22 him or her under this paragraph only against the tax 23 imposed in subsections (c) and (d) of this Section. If 24 the partnership makes that election, those credits shall 25 be allocated among the partners in the partnership in 26 accordance with the rules set forth in Section 704(b) of 27 the Internal Revenue Code, and the rules promulgated 28 under that Section, and the allocated amount of the 29 credits shall be allowed to the partners for that taxable 30 year. The partnership shall make this election on its 31 Personal Property Tax Replacement Income Tax return for 32 that taxable year. The election to pass through the 33 credits shall be irrevocable. 34 (f) Investment credit; Enterprise Zone. SB1591 Engrossed -187- LRB9111045EGfg 1 (1) A taxpayer shall be allowed a credit against 2 the tax imposed by subsections (a) and (b) of this 3 Section for investment in qualified property which is 4 placed in service in an Enterprise Zone created pursuant 5 to the Illinois Enterprise Zone Act. For partners, 6 shareholders of Subchapter S corporations, and owners of 7 limited liability companies, if the liability company is 8 treated as a partnership for purposes of federal and 9 State income taxation, there shall be allowed a credit 10 under this subsection (f) to be determined in accordance 11 with the determination of income and distributive share 12 of income under Sections 702 and 704 and Subchapter S of 13 the Internal Revenue Code. The credit shall be .5% of the 14 basis for such property. The credit shall be available 15 only in the taxable year in which the property is placed 16 in service in the Enterprise Zone and shall not be 17 allowed to the extent that it would reduce a taxpayer's 18 liability for the tax imposed by subsections (a) and (b) 19 of this Section to below zero. For tax years ending on or 20 after December 31, 1985, the credit shall be allowed for 21 the tax year in which the property is placed in service, 22 or, if the amount of the credit exceeds the tax liability 23 for that year, whether it exceeds the original liability 24 or the liability as later amended, such excess may be 25 carried forward and applied to the tax liability of the 5 26 taxable years following the excess credit year. The 27 credit shall be applied to the earliest year for which 28 there is a liability. If there is credit from more than 29 one tax year that is available to offset a liability, the 30 credit accruing first in time shall be applied first. 31 (2) The term qualified property means property 32 which: 33 (A) is tangible, whether new or used, 34 including buildings and structural components of SB1591 Engrossed -188- LRB9111045EGfg 1 buildings; 2 (B) is depreciable pursuant to Section 167 of 3 the Internal Revenue Code, except that "3-year 4 property" as defined in Section 168(c)(2)(A) of that 5 Code is not eligible for the credit provided by this 6 subsection (f); 7 (C) is acquired by purchase as defined in 8 Section 179(d) of the Internal Revenue Code; 9 (D) is used in the Enterprise Zone by the 10 taxpayer; and 11 (E) has not been previously used in Illinois 12 in such a manner and by such a person as would 13 qualify for the credit provided by this subsection 14 (f) or subsection (e). 15 (3) The basis of qualified property shall be the 16 basis used to compute the depreciation deduction for 17 federal income tax purposes. 18 (4) If the basis of the property for federal income 19 tax depreciation purposes is increased after it has been 20 placed in service in the Enterprise Zone by the taxpayer, 21 the amount of such increase shall be deemed property 22 placed in service on the date of such increase in basis. 23 (5) The term "placed in service" shall have the 24 same meaning as under Section 46 of the Internal Revenue 25 Code. 26 (6) If during any taxable year, any property ceases 27 to be qualified property in the hands of the taxpayer 28 within 48 months after being placed in service, or the 29 situs of any qualified property is moved outside the 30 Enterprise Zone within 48 months after being placed in 31 service, the tax imposed under subsections (a) and (b) of 32 this Section for such taxable year shall be increased. 33 Such increase shall be determined by (i) recomputing the 34 investment credit which would have been allowed for the SB1591 Engrossed -189- LRB9111045EGfg 1 year in which credit for such property was originally 2 allowed by eliminating such property from such 3 computation, and (ii) subtracting such recomputed credit 4 from the amount of credit previously allowed. For the 5 purposes of this paragraph (6), a reduction of the basis 6 of qualified property resulting from a redetermination of 7 the purchase price shall be deemed a disposition of 8 qualified property to the extent of such reduction. 9 (g) Jobs Tax Credit; Enterprise Zone and Foreign Trade 10 Zone or Sub-Zone. 11 (1) A taxpayer conducting a trade or business in an 12 enterprise zone or a High Impact Business designated by 13 the Department of Commerce and Community Affairs 14 conducting a trade or business in a federally designated 15 Foreign Trade Zone or Sub-Zone shall be allowed a credit 16 against the tax imposed by subsections (a) and (b) of 17 this Section in the amount of $500 per eligible employee 18 hired to work in the zone during the taxable year. 19 (2) To qualify for the credit: 20 (A) the taxpayer must hire 5 or more eligible 21 employees to work in an enterprise zone or federally 22 designated Foreign Trade Zone or Sub-Zone during the 23 taxable year; 24 (B) the taxpayer's total employment within the 25 enterprise zone or federally designated Foreign 26 Trade Zone or Sub-Zone must increase by 5 or more 27 full-time employees beyond the total employed in 28 that zone at the end of the previous tax year for 29 which a jobs tax credit under this Section was 30 taken, or beyond the total employed by the taxpayer 31 as of December 31, 1985, whichever is later; and 32 (C) the eligible employees must be employed 33 180 consecutive days in order to be deemed hired for 34 purposes of this subsection. SB1591 Engrossed -190- LRB9111045EGfg 1 (3) An "eligible employee" means an employee who 2 is: 3 (A) Certified by the Department of Commerce 4 and Community Affairs as "eligible for services" 5 pursuant to regulations promulgated in accordance 6 with Title II of the Job Training Partnership Act, 7 Training Services for the Disadvantaged or Title III 8 of the Job Training Partnership Act, Employment and 9 Training Assistance for Dislocated Workers Program. 10 (B) Hired after the enterprise zone or 11 federally designated Foreign Trade Zone or Sub-Zone 12 was designated or the trade or business was located 13 in that zone, whichever is later. 14 (C) Employed in the enterprise zone or Foreign 15 Trade Zone or Sub-Zone. An employee is employed in 16 an enterprise zone or federally designated Foreign 17 Trade Zone or Sub-Zone if his services are rendered 18 there or it is the base of operations for the 19 services performed. 20 (D) A full-time employee working 30 or more 21 hours per week. 22 (4) For tax years ending on or after December 31, 23 1985 and prior to December 31, 1988, the credit shall be 24 allowed for the tax year in which the eligible employees 25 are hired. For tax years ending on or after December 31, 26 1988, the credit shall be allowed for the tax year 27 immediately following the tax year in which the eligible 28 employees are hired. If the amount of the credit exceeds 29 the tax liability for that year, whether it exceeds the 30 original liability or the liability as later amended, 31 such excess may be carried forward and applied to the tax 32 liability of the 5 taxable years following the excess 33 credit year. The credit shall be applied to the earliest 34 year for which there is a liability. If there is credit SB1591 Engrossed -191- LRB9111045EGfg 1 from more than one tax year that is available to offset a 2 liability, earlier credit shall be applied first. 3 (5) The Department of Revenue shall promulgate such 4 rules and regulations as may be deemed necessary to carry 5 out the purposes of this subsection (g). 6 (6) The credit shall be available for eligible 7 employees hired on or after January 1, 1986. 8 (h) Investment credit; High Impact Business. 9 (1) Subject to subsection (b) of Section 5.5 of the 10 Illinois Enterprise Zone Act, a taxpayer shall be allowed 11 a credit against the tax imposed by subsections (a) and 12 (b) of this Section for investment in qualified property 13 which is placed in service by a Department of Commerce 14 and Community Affairs designated High Impact Business. 15 The credit shall be .5% of the basis for such property. 16 The credit shall not be available until the minimum 17 investments in qualified property set forth in Section 18 5.5 of the Illinois Enterprise Zone Act have been 19 satisfied and shall not be allowed to the extent that it 20 would reduce a taxpayer's liability for the tax imposed 21 by subsections (a) and (b) of this Section to below zero. 22 The credit applicable to such minimum investments shall 23 be taken in the taxable year in which such minimum 24 investments have been completed. The credit for 25 additional investments beyond the minimum investment by a 26 designated high impact business shall be available only 27 in the taxable year in which the property is placed in 28 service and shall not be allowed to the extent that it 29 would reduce a taxpayer's liability for the tax imposed 30 by subsections (a) and (b) of this Section to below zero. 31 For tax years ending on or after December 31, 1987, the 32 credit shall be allowed for the tax year in which the 33 property is placed in service, or, if the amount of the 34 credit exceeds the tax liability for that year, whether SB1591 Engrossed -192- LRB9111045EGfg 1 it exceeds the original liability or the liability as 2 later amended, such excess may be carried forward and 3 applied to the tax liability of the 5 taxable years 4 following the excess credit year. The credit shall be 5 applied to the earliest year for which there is a 6 liability. If there is credit from more than one tax 7 year that is available to offset a liability, the credit 8 accruing first in time shall be applied first. 9 Changes made in this subdivision (h)(1) by Public 10 Act 88-670 restore changes made by Public Act 85-1182 and 11 reflect existing law. 12 (2) The term qualified property means property 13 which: 14 (A) is tangible, whether new or used, 15 including buildings and structural components of 16 buildings; 17 (B) is depreciable pursuant to Section 167 of 18 the Internal Revenue Code, except that "3-year 19 property" as defined in Section 168(c)(2)(A) of that 20 Code is not eligible for the credit provided by this 21 subsection (h); 22 (C) is acquired by purchase as defined in 23 Section 179(d) of the Internal Revenue Code; and 24 (D) is not eligible for the Enterprise Zone 25 Investment Credit provided by subsection (f) of this 26 Section. 27 (3) The basis of qualified property shall be the 28 basis used to compute the depreciation deduction for 29 federal income tax purposes. 30 (4) If the basis of the property for federal income 31 tax depreciation purposes is increased after it has been 32 placed in service in a federally designated Foreign Trade 33 Zone or Sub-Zone located in Illinois by the taxpayer, the 34 amount of such increase shall be deemed property placed SB1591 Engrossed -193- LRB9111045EGfg 1 in service on the date of such increase in basis. 2 (5) The term "placed in service" shall have the 3 same meaning as under Section 46 of the Internal Revenue 4 Code. 5 (6) If during any taxable year ending on or before 6 December 31, 1996, any property ceases to be qualified 7 property in the hands of the taxpayer within 48 months 8 after being placed in service, or the situs of any 9 qualified property is moved outside Illinois within 48 10 months after being placed in service, the tax imposed 11 under subsections (a) and (b) of this Section for such 12 taxable year shall be increased. Such increase shall be 13 determined by (i) recomputing the investment credit which 14 would have been allowed for the year in which credit for 15 such property was originally allowed by eliminating such 16 property from such computation, and (ii) subtracting such 17 recomputed credit from the amount of credit previously 18 allowed. For the purposes of this paragraph (6), a 19 reduction of the basis of qualified property resulting 20 from a redetermination of the purchase price shall be 21 deemed a disposition of qualified property to the extent 22 of such reduction. 23 (7) Beginning with tax years ending after December 24 31, 1996, if a taxpayer qualifies for the credit under 25 this subsection (h) and thereby is granted a tax 26 abatement and the taxpayer relocates its entire facility 27 in violation of the explicit terms and length of the 28 contract under Section 18-183 of the Property Tax Code, 29 the tax imposed under subsections (a) and (b) of this 30 Section shall be increased for the taxable year in which 31 the taxpayer relocated its facility by an amount equal to 32 the amount of credit received by the taxpayer under this 33 subsection (h). 34 (i) A credit shall be allowed against the tax imposed by SB1591 Engrossed -194- LRB9111045EGfg 1 subsections (a) and (b) of this Section for the tax imposed 2 by subsections (c) and (d) of this Section. This credit 3 shall be computed by multiplying the tax imposed by 4 subsections (c) and (d) of this Section by a fraction, the 5 numerator of which is base income allocable to Illinois and 6 the denominator of which is Illinois base income, and further 7 multiplying the product by the tax rate imposed by 8 subsections (a) and (b) of this Section. 9 Any credit earned on or after December 31, 1986 under 10 this subsection which is unused in the year the credit is 11 computed because it exceeds the tax liability imposed by 12 subsections (a) and (b) for that year (whether it exceeds the 13 original liability or the liability as later amended) may be 14 carried forward and applied to the tax liability imposed by 15 subsections (a) and (b) of the 5 taxable years following the 16 excess credit year. This credit shall be applied first to 17 the earliest year for which there is a liability. If there 18 is a credit under this subsection from more than one tax year 19 that is available to offset a liability the earliest credit 20 arising under this subsection shall be applied first. 21 If, during any taxable year ending on or after December 22 31, 1986, the tax imposed by subsections (c) and (d) of this 23 Section for which a taxpayer has claimed a credit under this 24 subsection (i) is reduced, the amount of credit for such tax 25 shall also be reduced. Such reduction shall be determined by 26 recomputing the credit to take into account the reduced tax 27 imposed by subsection (c) and (d). If any portion of the 28 reduced amount of credit has been carried to a different 29 taxable year, an amended return shall be filed for such 30 taxable year to reduce the amount of credit claimed. 31 (j) Training expense credit. Beginning with tax years 32 ending on or after December 31, 1986, a taxpayer shall be 33 allowed a credit against the tax imposed by subsection (a) 34 and (b) under this Section for all amounts paid or accrued, SB1591 Engrossed -195- LRB9111045EGfg 1 on behalf of all persons employed by the taxpayer in Illinois 2 or Illinois residents employed outside of Illinois by a 3 taxpayer, for educational or vocational training in 4 semi-technical or technical fields or semi-skilled or skilled 5 fields, which were deducted from gross income in the 6 computation of taxable income. The credit against the tax 7 imposed by subsections (a) and (b) shall be 1.6% of such 8 training expenses. For partners, shareholders of subchapter 9 S corporations, and owners of limited liability companies, if 10 the liability company is treated as a partnership for 11 purposes of federal and State income taxation, there shall be 12 allowed a credit under this subsection (j) to be determined 13 in accordance with the determination of income and 14 distributive share of income under Sections 702 and 704 and 15 subchapter S of the Internal Revenue Code. 16 Any credit allowed under this subsection which is unused 17 in the year the credit is earned may be carried forward to 18 each of the 5 taxable years following the year for which the 19 credit is first computed until it is used. This credit shall 20 be applied first to the earliest year for which there is a 21 liability. If there is a credit under this subsection from 22 more than one tax year that is available to offset a 23 liability the earliest credit arising under this subsection 24 shall be applied first. 25 (k) Research and development credit. 26 Beginning with tax years ending after July 1, 1990, a 27 taxpayer shall be allowed a credit against the tax imposed by 28 subsections (a) and (b) of this Section for increasing 29 research activities in this State. The credit allowed 30 against the tax imposed by subsections (a) and (b) shall be 31 equal to 6 1/2% of the qualifying expenditures for increasing 32 research activities in this State. For partners, shareholders 33 of subchapter S corporations, and owners of limited liability 34 companies, if the liability company is treated as a SB1591 Engrossed -196- LRB9111045EGfg 1 partnership for purposes of federal and State income 2 taxation, there shall be allowed a credit under this 3 subsection to be determined in accordance with the 4 determination of income and distributive share of income 5 under Sections 702 and 704 and subchapter S of the Internal 6 Revenue Code. 7 For purposes of this subsection, "qualifying 8 expenditures" means the qualifying expenditures as defined 9 for the federal credit for increasing research activities 10 which would be allowable under Section 41 of the Internal 11 Revenue Code and which are conducted in this State, 12 "qualifying expenditures for increasing research activities 13 in this State" means the excess of qualifying expenditures 14 for the taxable year in which incurred over qualifying 15 expenditures for the base period, "qualifying expenditures 16 for the base period" means the average of the qualifying 17 expenditures for each year in the base period, and "base 18 period" means the 3 taxable years immediately preceding the 19 taxable year for which the determination is being made. 20 Any credit in excess of the tax liability for the taxable 21 year may be carried forward. A taxpayer may elect to have the 22 unused credit shown on its final completed return carried 23 over as a credit against the tax liability for the following 24 5 taxable years or until it has been fully used, whichever 25 occurs first. 26 If an unused credit is carried forward to a given year 27 from 2 or more earlier years, that credit arising in the 28 earliest year will be applied first against the tax liability 29 for the given year. If a tax liability for the given year 30 still remains, the credit from the next earliest year will 31 then be applied, and so on, until all credits have been used 32 or no tax liability for the given year remains. Any 33 remaining unused credit or credits then will be carried 34 forward to the next following year in which a tax liability SB1591 Engrossed -197- LRB9111045EGfg 1 is incurred, except that no credit can be carried forward to 2 a year which is more than 5 years after the year in which the 3 expense for which the credit is given was incurred. 4 Unless extended by law, the credit shall not include 5 costs incurred after December 31, 2004, except for costs 6 incurred pursuant to a binding contract entered into on or 7 before December 31, 2004. 8 No inference shall be drawn from this amendatory Act of 9 the 91st General Assembly in construing this Section for 10 taxable years beginning before January 1, 1999. 11 (l) Environmental Remediation Tax Credit. 12 (i) For tax years ending after December 31, 1997 13 and on or before December 31, 2001, a taxpayer shall be 14 allowed a credit against the tax imposed by subsections 15 (a) and (b) of this Section for certain amounts paid for 16 unreimbursed eligible remediation costs, as specified in 17 this subsection. For purposes of this Section, 18 "unreimbursed eligible remediation costs" means costs 19 approved by the Illinois Environmental Protection Agency 20 ("Agency") under Section 58.14 of the Environmental 21 Protection Act that were paid in performing environmental 22 remediation at a site for which a No Further Remediation 23 Letter was issued by the Agency and recorded under 24 Section 58.10 of the Environmental Protection Act. The 25 credit must be claimed for the taxable year in which 26 Agency approval of the eligible remediation costs is 27 granted. The credit is not available to any taxpayer if 28 the taxpayer or any related party caused or contributed 29 to, in any material respect, a release of regulated 30 substances on, in, or under the site that was identified 31 and addressed by the remedial action pursuant to the Site 32 Remediation Program of the Environmental Protection Act. 33 After the Pollution Control Board rules are adopted 34 pursuant to the Illinois Administrative Procedure Act for SB1591 Engrossed -198- LRB9111045EGfg 1 the administration and enforcement of Section 58.9 of the 2 Environmental Protection Act, determinations as to credit 3 availability for purposes of this Section shall be made 4 consistent with those rules. For purposes of this 5 Section, "taxpayer" includes a person whose tax 6 attributes the taxpayer has succeeded to under Section 7 381 of the Internal Revenue Code and "related party" 8 includes the persons disallowed a deduction for losses by 9 paragraphs (b), (c), and (f)(1) of Section 267 of the 10 Internal Revenue Code by virtue of being a related 11 taxpayer, as well as any of its partners. The credit 12 allowed against the tax imposed by subsections (a) and 13 (b) shall be equal to 25% of the unreimbursed eligible 14 remediation costs in excess of $100,000 per site, except 15 that the $100,000 threshold shall not apply to any site 16 contained in an enterprise zone as determined by the 17 Department of Commerce and Community Affairs. The total 18 credit allowed shall not exceed $40,000 per year with a 19 maximum total of $150,000 per site. For partners and 20 shareholders of subchapter S corporations, there shall be 21 allowed a credit under this subsection to be determined 22 in accordance with the determination of income and 23 distributive share of income under Sections 702 and 704 24 of subchapter S of the Internal Revenue Code. 25 (ii) A credit allowed under this subsection that is 26 unused in the year the credit is earned may be carried 27 forward to each of the 5 taxable years following the year 28 for which the credit is first earned until it is used. 29 The term "unused credit" does not include any amounts of 30 unreimbursed eligible remediation costs in excess of the 31 maximum credit per site authorized under paragraph (i). 32 This credit shall be applied first to the earliest year 33 for which there is a liability. If there is a credit 34 under this subsection from more than one tax year that is SB1591 Engrossed -199- LRB9111045EGfg 1 available to offset a liability, the earliest credit 2 arising under this subsection shall be applied first. A 3 credit allowed under this subsection may be sold to a 4 buyer as part of a sale of all or part of the remediation 5 site for which the credit was granted. The purchaser of 6 a remediation site and the tax credit shall succeed to 7 the unused credit and remaining carry-forward period of 8 the seller. To perfect the transfer, the assignor shall 9 record the transfer in the chain of title for the site 10 and provide written notice to the Director of the 11 Illinois Department of Revenue of the assignor's intent 12 to sell the remediation site and the amount of the tax 13 credit to be transferred as a portion of the sale. In no 14 event may a credit be transferred to any taxpayer if the 15 taxpayer or a related party would not be eligible under 16 the provisions of subsection (i). 17 (iii) For purposes of this Section, the term "site" 18 shall have the same meaning as under Section 58.2 of the 19 Environmental Protection Act. 20 (m) Education expense credit. 21 Beginning with tax years ending after December 31, 1999, 22 a taxpayer who is the custodian of one or more qualifying 23 pupils shall be allowed a credit against the tax imposed by 24 subsections (a) and (b) of this Section for qualified 25 education expenses incurred on behalf of the qualifying 26 pupils. The credit shall be equal to 25% of qualified 27 education expenses, but in no event may the total credit 28 under this Section claimed by a family that is the custodian 29 of qualifying pupils exceed $500. In no event shall a credit 30 under this subsection reduce the taxpayer's liability under 31 this Act to less than zero. This subsection is exempt from 32 the provisions of Section 250 of this Act. 33 For purposes of this subsection; 34 "Qualifying pupils" means individuals who (i) are SB1591 Engrossed -200- LRB9111045EGfg 1 residents of the State of Illinois, (ii) are under the age of 2 21 at the close of the school year for which a credit is 3 sought, and (iii) during the school year for which a credit 4 is sought were full-time pupils enrolled in a kindergarten 5 through twelfth grade education program at any school, as 6 defined in this subsection. 7 "Qualified education expense" means the amount incurred 8 on behalf of a qualifying pupil in excess of $250 for 9 tuition, book fees, and lab fees at the school in which the 10 pupil is enrolled during the regular school year. 11 "School" means any public or nonpublic elementary or 12 secondary school in Illinois that is in compliance with Title 13 VI of the Civil Rights Act of 1964 and attendance at which 14 satisfies the requirements of Section 26-1 of the School 15 Code, except that nothing shall be construed to require a 16 child to attend any particular public or nonpublic school to 17 qualify for the credit under this Section. 18 "Custodian" means, with respect to qualifying pupils, an 19 Illinois resident who is a parent, the parents, a legal 20 guardian, or the legal guardians of the qualifying pupils. 21 (Source: P.A. 90-123, eff. 7-21-97; 90-458, eff. 8-17-97; 22 90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717, eff. 23 8-7-98; 90-792, eff. 1-1-99; 91-9, eff. 1-1-00; 91-357, eff. 24 7-29-99; 91-643, eff. 8-20-99; 91-644, eff. 8-20-99; revised 25 8-27-99.) 26 (35 ILCS 5/203) (from Ch. 120, par. 2-203) 27 Sec. 203. Base income defined. 28 (a) Individuals. 29 (1) In general. In the case of an individual, base 30 income means an amount equal to the taxpayer's adjusted 31 gross income for the taxable year as modified by 32 paragraph (2). 33 (2) Modifications. The adjusted gross income SB1591 Engrossed -201- LRB9111045EGfg 1 referred to in paragraph (1) shall be modified by adding 2 thereto the sum of the following amounts: 3 (A) An amount equal to all amounts paid or 4 accrued to the taxpayer as interest or dividends 5 during the taxable year to the extent excluded from 6 gross income in the computation of adjusted gross 7 income, except stock dividends of qualified public 8 utilities described in Section 305(e) of the 9 Internal Revenue Code; 10 (B) An amount equal to the amount of tax 11 imposed by this Act to the extent deducted from 12 gross income in the computation of adjusted gross 13 income for the taxable year; 14 (C) An amount equal to the amount received 15 during the taxable year as a recovery or refund of 16 real property taxes paid with respect to the 17 taxpayer's principal residence under the Revenue Act 18 of 1939 and for which a deduction was previously 19 taken under subparagraph (L) of this paragraph (2) 20 prior to July 1, 1991, the retrospective application 21 date of Article 4 of Public Act 87-17. In the case 22 of multi-unit or multi-use structures and farm 23 dwellings, the taxes on the taxpayer's principal 24 residence shall be that portion of the total taxes 25 for the entire property which is attributable to 26 such principal residence; 27 (D) An amount equal to the amount of the 28 capital gain deduction allowable under the Internal 29 Revenue Code, to the extent deducted from gross 30 income in the computation of adjusted gross income; 31 (D-5) An amount, to the extent not included in 32 adjusted gross income, equal to the amount of money 33 withdrawn by the taxpayer in the taxable year from a 34 medical care savings account and the interest earned SB1591 Engrossed -202- LRB9111045EGfg 1 on the account in the taxable year of a withdrawal 2 pursuant to subsection (b) of Section 20 of the 3 Medical Care Savings Account Act; and 4 (D-10) For taxable years ending after December 5 31, 1997, an amount equal to any eligible 6 remediation costs that the individual deducted in 7 computing adjusted gross income and for which the 8 individual claims a credit under subsection (l) of 9 Section 201; 10 and by deducting from the total so obtained the sum of 11 the following amounts: 12 (E) Any amount included in such total in 13 respect of any compensation (including but not 14 limited to any compensation paid or accrued to a 15 serviceman while a prisoner of war or missing in 16 action) paid to a resident by reason of being on 17 active duty in the Armed Forces of the United States 18 and in respect of any compensation paid or accrued 19 to a resident who as a governmental employee was a 20 prisoner of war or missing in action, and in respect 21 of any compensation paid to a resident in 1971 or 22 thereafter for annual training performed pursuant to 23 Sections 502 and 503, Title 32, United States Code 24 as a member of the Illinois National Guard; 25 (F) An amount equal to all amounts included in 26 such total pursuant to the provisions of Sections 27 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and 28 408 of the Internal Revenue Code, or included in 29 such total as distributions under the provisions of 30 any retirement or disability plan for employees of 31 any governmental agency or unit, or retirement 32 payments to retired partners, which payments are 33 excluded in computing net earnings from self 34 employment by Section 1402 of the Internal Revenue SB1591 Engrossed -203- LRB9111045EGfg 1 Code and regulations adopted pursuant thereto; 2 (G) The valuation limitation amount; 3 (H) An amount equal to the amount of any tax 4 imposed by this Act which was refunded to the 5 taxpayer and included in such total for the taxable 6 year; 7 (I) An amount equal to all amounts included in 8 such total pursuant to the provisions of Section 111 9 of the Internal Revenue Code as a recovery of items 10 previously deducted from adjusted gross income in 11 the computation of taxable income; 12 (J) An amount equal to those dividends 13 included in such total which were paid by a 14 corporation which conducts business operations in an 15 Enterprise Zone or zones created under the Illinois 16 Enterprise Zone Act, and conducts substantially all 17 of its operations in an Enterprise Zone or zones; 18 (K) An amount equal to those dividends 19 included in such total that were paid by a 20 corporation that conducts business operations in a 21 federally designated Foreign Trade Zone or Sub-Zone 22 and that is designated a High Impact Business 23 located in Illinois; provided that dividends 24 eligible for the deduction provided in subparagraph 25 (J) of paragraph (2) of this subsection shall not be 26 eligible for the deduction provided under this 27 subparagraph (K); 28 (L) For taxable years ending after December 29 31, 1983, an amount equal to all social security 30 benefits and railroad retirement benefits included 31 in such total pursuant to Sections 72(r) and 86 of 32 the Internal Revenue Code; 33 (M) With the exception of any amounts 34 subtracted under subparagraph (N), an amount equal SB1591 Engrossed -204- LRB9111045EGfg 1 to the sum of all amounts disallowed as deductions 2 by (i) Sections 171(a) (2), and 265(2) of the 3 Internal Revenue Code of 1954, as now or hereafter 4 amended, and all amounts of expenses allocable to 5 interest and disallowed as deductions by Section 6 265(1) of the Internal Revenue Code of 1954, as now 7 or hereafter amended; and (ii) for taxable years 8 ending on or after August 13, 1999the effective9date of this amendatory Act of the 91st General10Assembly, Sections 171(a)(2), 265, 280C, and 11 832(b)(5)(B)(i) of the Internal Revenue Code; the 12 provisions of this subparagraph are exempt from the 13 provisions of Section 250; 14 (N) An amount equal to all amounts included in 15 such total which are exempt from taxation by this 16 State either by reason of its statutes or 17 Constitution or by reason of the Constitution, 18 treaties or statutes of the United States; provided 19 that, in the case of any statute of this State that 20 exempts income derived from bonds or other 21 obligations from the tax imposed under this Act, the 22 amount exempted shall be the interest net of bond 23 premium amortization; 24 (O) An amount equal to any contribution made 25 to a job training project established pursuant to 26 the Tax Increment Allocation Redevelopment Act; 27 (P) An amount equal to the amount of the 28 deduction used to compute the federal income tax 29 credit for restoration of substantial amounts held 30 under claim of right for the taxable year pursuant 31 to Section 1341 of the Internal Revenue Code of 32 1986; 33 (Q) An amount equal to any amounts included in 34 such total, received by the taxpayer as an SB1591 Engrossed -205- LRB9111045EGfg 1 acceleration in the payment of life, endowment or 2 annuity benefits in advance of the time they would 3 otherwise be payable as an indemnity for a terminal 4 illness; 5 (R) An amount equal to the amount of any 6 federal or State bonus paid to veterans of the 7 Persian Gulf War; 8 (S) An amount, to the extent included in 9 adjusted gross income, equal to the amount of a 10 contribution made in the taxable year on behalf of 11 the taxpayer to a medical care savings account 12 established under the Medical Care Savings Account 13 Act to the extent the contribution is accepted by 14 the account administrator as provided in that Act; 15 (T) An amount, to the extent included in 16 adjusted gross income, equal to the amount of 17 interest earned in the taxable year on a medical 18 care savings account established under the Medical 19 Care Savings Account Act on behalf of the taxpayer, 20 other than interest added pursuant to item (D-5) of 21 this paragraph (2); 22 (U) For one taxable year beginning on or after 23 January 1, 1994, an amount equal to the total amount 24 of tax imposed and paid under subsections (a) and 25 (b) of Section 201 of this Act on grant amounts 26 received by the taxpayer under the Nursing Home 27 Grant Assistance Act during the taxpayer's taxable 28 years 1992 and 1993; 29 (V) Beginning with tax years ending on or 30 after December 31, 1995 and ending with tax years 31 ending on or before December 31, 2004, an amount 32 equal to the amount paid by a taxpayer who is a 33 self-employed taxpayer, a partner of a partnership, 34 or a shareholder in a Subchapter S corporation for SB1591 Engrossed -206- LRB9111045EGfg 1 health insurance or long-term care insurance for 2 that taxpayer or that taxpayer's spouse or 3 dependents, to the extent that the amount paid for 4 that health insurance or long-term care insurance 5 may be deducted under Section 213 of the Internal 6 Revenue Code of 1986, has not been deducted on the 7 federal income tax return of the taxpayer, and does 8 not exceed the taxable income attributable to that 9 taxpayer's income, self-employment income, or 10 Subchapter S corporation income; except that no 11 deduction shall be allowed under this item (V) if 12 the taxpayer is eligible to participate in any 13 health insurance or long-term care insurance plan of 14 an employer of the taxpayer or the taxpayer's 15 spouse. The amount of the health insurance and 16 long-term care insurance subtracted under this item 17 (V) shall be determined by multiplying total health 18 insurance and long-term care insurance premiums paid 19 by the taxpayer times a number that represents the 20 fractional percentage of eligible medical expenses 21 under Section 213 of the Internal Revenue Code of 22 1986 not actually deducted on the taxpayer's federal 23 income tax return; 24 (W) For taxable years beginning on or after 25 January 1, 1998, all amounts included in the 26 taxpayer's federal gross income in the taxable year 27 from amounts converted from a regular IRA to a Roth 28 IRA. This paragraph is exempt from the provisions of 29 Section 250; and 30 (X) For taxable year 1999 and thereafter, an 31 amount equal to the amount of any (i) distributions, 32 to the extent includible in gross income for federal 33 income tax purposes, made to the taxpayer because of 34 his or her status as a victim of persecution for SB1591 Engrossed -207- LRB9111045EGfg 1 racial or religious reasons by Nazi Germany or any 2 other Axis regime or as an heir of the victim and 3 (ii) items of income, to the extent includible in 4 gross income for federal income tax purposes, 5 attributable to, derived from or in any way related 6 to assets stolen from, hidden from, or otherwise 7 lost to a victim of persecution for racial or 8 religious reasons by Nazi Germany or any other Axis 9 regime immediately prior to, during, and immediately 10 after World War II, including, but not limited to, 11 interest on the proceeds receivable as insurance 12 under policies issued to a victim of persecution for 13 racial or religious reasons by Nazi Germany or any 14 other Axis regime by European insurance companies 15 immediately prior to and during World War II; 16 provided, however, this subtraction from federal 17 adjusted gross income does not apply to assets 18 acquired with such assets or with the proceeds from 19 the sale of such assets; provided, further, this 20 paragraph shall only apply to a taxpayer who was the 21 first recipient of such assets after their recovery 22 and who is a victim of persecution for racial or 23 religious reasons by Nazi Germany or any other Axis 24 regime or as an heir of the victim. The amount of 25 and the eligibility for any public assistance, 26 benefit, or similar entitlement is not affected by 27 the inclusion of items (i) and (ii) of this 28 paragraph in gross income for federal income tax 29 purposes. This paragraph is exempt from the 30 provisions of Section 250. 31 (b) Corporations. 32 (1) In general. In the case of a corporation, base 33 income means an amount equal to the taxpayer's taxable 34 income for the taxable year as modified by paragraph (2). SB1591 Engrossed -208- LRB9111045EGfg 1 (2) Modifications. The taxable income referred to 2 in paragraph (1) shall be modified by adding thereto the 3 sum of the following amounts: 4 (A) An amount equal to all amounts paid or 5 accrued to the taxpayer as interest and all 6 distributions received from regulated investment 7 companies during the taxable year to the extent 8 excluded from gross income in the computation of 9 taxable income; 10 (B) An amount equal to the amount of tax 11 imposed by this Act to the extent deducted from 12 gross income in the computation of taxable income 13 for the taxable year; 14 (C) In the case of a regulated investment 15 company, an amount equal to the excess of (i) the 16 net long-term capital gain for the taxable year, 17 over (ii) the amount of the capital gain dividends 18 designated as such in accordance with Section 19 852(b)(3)(C) of the Internal Revenue Code and any 20 amount designated under Section 852(b)(3)(D) of the 21 Internal Revenue Code, attributable to the taxable 22 year (this amendatory Act of 1995 (Public Act 89-89) 23 is declarative of existing law and is not a new 24 enactment); 25 (D) The amount of any net operating loss 26 deduction taken in arriving at taxable income, other 27 than a net operating loss carried forward from a 28 taxable year ending prior to December 31, 1986; 29 (E) For taxable years in which a net operating 30 loss carryback or carryforward from a taxable year 31 ending prior to December 31, 1986 is an element of 32 taxable income under paragraph (1) of subsection (e) 33 or subparagraph (E) of paragraph (2) of subsection 34 (e), the amount by which addition modifications SB1591 Engrossed -209- LRB9111045EGfg 1 other than those provided by this subparagraph (E) 2 exceeded subtraction modifications in such earlier 3 taxable year, with the following limitations applied 4 in the order that they are listed: 5 (i) the addition modification relating to 6 the net operating loss carried back or forward 7 to the taxable year from any taxable year 8 ending prior to December 31, 1986 shall be 9 reduced by the amount of addition modification 10 under this subparagraph (E) which related to 11 that net operating loss and which was taken 12 into account in calculating the base income of 13 an earlier taxable year, and 14 (ii) the addition modification relating 15 to the net operating loss carried back or 16 forward to the taxable year from any taxable 17 year ending prior to December 31, 1986 shall 18 not exceed the amount of such carryback or 19 carryforward; 20 For taxable years in which there is a net 21 operating loss carryback or carryforward from more 22 than one other taxable year ending prior to December 23 31, 1986, the addition modification provided in this 24 subparagraph (E) shall be the sum of the amounts 25 computed independently under the preceding 26 provisions of this subparagraph (E) for each such 27 taxable year; and 28 (E-5) For taxable years ending after December 29 31, 1997, an amount equal to any eligible 30 remediation costs that the corporation deducted in 31 computing adjusted gross income and for which the 32 corporation claims a credit under subsection (l) of 33 Section 201; 34 and by deducting from the total so obtained the sum of SB1591 Engrossed -210- LRB9111045EGfg 1 the following amounts: 2 (F) An amount equal to the amount of any tax 3 imposed by this Act which was refunded to the 4 taxpayer and included in such total for the taxable 5 year; 6 (G) An amount equal to any amount included in 7 such total under Section 78 of the Internal Revenue 8 Code; 9 (H) In the case of a regulated investment 10 company, an amount equal to the amount of exempt 11 interest dividends as defined in subsection (b) (5) 12 of Section 852 of the Internal Revenue Code, paid to 13 shareholders for the taxable year; 14 (I) With the exception of any amounts 15 subtracted under subparagraph (J), an amount equal 16 to the sum of all amounts disallowed as deductions 17 by (i) Sections 171(a) (2), and 265(a)(2) and 18 amounts disallowed as interest expense by Section 19 291(a)(3) of the Internal Revenue Code, as now or 20 hereafter amended, and all amounts of expenses 21 allocable to interest and disallowed as deductions 22 by Section 265(a)(1) of the Internal Revenue Code, 23 as now or hereafter amended; and (ii) for taxable 24 years ending on or after August 13, 1999the25effective date of this amendatory Act of the 91st26General Assembly, Sections 171(a)(2), 265, 280C, and 27 832(b)(5)(B)(i) of the Internal Revenue Code; the 28 provisions of this subparagraph are exempt from the 29 provisions of Section 250; 30 (J) An amount equal to all amounts included in 31 such total which are exempt from taxation by this 32 State either by reason of its statutes or 33 Constitution or by reason of the Constitution, 34 treaties or statutes of the United States; provided SB1591 Engrossed -211- LRB9111045EGfg 1 that, in the case of any statute of this State that 2 exempts income derived from bonds or other 3 obligations from the tax imposed under this Act, the 4 amount exempted shall be the interest net of bond 5 premium amortization; 6 (K) An amount equal to those dividends 7 included in such total which were paid by a 8 corporation which conducts business operations in an 9 Enterprise Zone or zones created under the Illinois 10 Enterprise Zone Act and conducts substantially all 11 of its operations in an Enterprise Zone or zones; 12 (L) An amount equal to those dividends 13 included in such total that were paid by a 14 corporation that conducts business operations in a 15 federally designated Foreign Trade Zone or Sub-Zone 16 and that is designated a High Impact Business 17 located in Illinois; provided that dividends 18 eligible for the deduction provided in subparagraph 19 (K) of paragraph 2 of this subsection shall not be 20 eligible for the deduction provided under this 21 subparagraph (L); 22 (M) For any taxpayer that is a financial 23 organization within the meaning of Section 304(c) of 24 this Act, an amount included in such total as 25 interest income from a loan or loans made by such 26 taxpayer to a borrower, to the extent that such a 27 loan is secured by property which is eligible for 28 the Enterprise Zone Investment Credit. To determine 29 the portion of a loan or loans that is secured by 30 property eligible for a Section 201(h) investment 31 credit to the borrower, the entire principal amount 32 of the loan or loans between the taxpayer and the 33 borrower should be divided into the basis of the 34 Section 201(h) investment credit property which SB1591 Engrossed -212- LRB9111045EGfg 1 secures the loan or loans, using for this purpose 2 the original basis of such property on the date that 3 it was placed in service in the Enterprise Zone. 4 The subtraction modification available to taxpayer 5 in any year under this subsection shall be that 6 portion of the total interest paid by the borrower 7 with respect to such loan attributable to the 8 eligible property as calculated under the previous 9 sentence; 10 (M-1) For any taxpayer that is a financial 11 organization within the meaning of Section 304(c) of 12 this Act, an amount included in such total as 13 interest income from a loan or loans made by such 14 taxpayer to a borrower, to the extent that such a 15 loan is secured by property which is eligible for 16 the High Impact Business Investment Credit. To 17 determine the portion of a loan or loans that is 18 secured by property eligible for a Section 201(i) 19 investment credit to the borrower, the entire 20 principal amount of the loan or loans between the 21 taxpayer and the borrower should be divided into the 22 basis of the Section 201(i) investment credit 23 property which secures the loan or loans, using for 24 this purpose the original basis of such property on 25 the date that it was placed in service in a 26 federally designated Foreign Trade Zone or Sub-Zone 27 located in Illinois. No taxpayer that is eligible 28 for the deduction provided in subparagraph (M) of 29 paragraph (2) of this subsection shall be eligible 30 for the deduction provided under this subparagraph 31 (M-1). The subtraction modification available to 32 taxpayers in any year under this subsection shall be 33 that portion of the total interest paid by the 34 borrower with respect to such loan attributable to SB1591 Engrossed -213- LRB9111045EGfg 1 the eligible property as calculated under the 2 previous sentence; 3 (N) Two times any contribution made during the 4 taxable year to a designated zone organization to 5 the extent that the contribution (i) qualifies as a 6 charitable contribution under subsection (c) of 7 Section 170 of the Internal Revenue Code and (ii) 8 must, by its terms, be used for a project approved 9 by the Department of Commerce and Community Affairs 10 under Section 11 of the Illinois Enterprise Zone 11 Act; 12 (O) An amount equal to: (i) 85% for taxable 13 years ending on or before December 31, 1992, or, a 14 percentage equal to the percentage allowable under 15 Section 243(a)(1) of the Internal Revenue Code of 16 1986 for taxable years ending after December 31, 17 1992, of the amount by which dividends included in 18 taxable income and received from a corporation that 19 is not created or organized under the laws of the 20 United States or any state or political subdivision 21 thereof, including, for taxable years ending on or 22 after December 31, 1988, dividends received or 23 deemed received or paid or deemed paid under 24 Sections 951 through 964 of the Internal Revenue 25 Code, exceed the amount of the modification provided 26 under subparagraph (G) of paragraph (2) of this 27 subsection (b) which is related to such dividends; 28 plus (ii) 100% of the amount by which dividends, 29 included in taxable income and received, including, 30 for taxable years ending on or after December 31, 31 1988, dividends received or deemed received or paid 32 or deemed paid under Sections 951 through 964 of the 33 Internal Revenue Code, from any such corporation 34 specified in clause (i) that would but for the SB1591 Engrossed -214- LRB9111045EGfg 1 provisions of Section 1504 (b) (3) of the Internal 2 Revenue Code be treated as a member of the 3 affiliated group which includes the dividend 4 recipient, exceed the amount of the modification 5 provided under subparagraph (G) of paragraph (2) of 6 this subsection (b) which is related to such 7 dividends; 8 (P) An amount equal to any contribution made 9 to a job training project established pursuant to 10 the Tax Increment Allocation Redevelopment Act; 11 (Q) An amount equal to the amount of the 12 deduction used to compute the federal income tax 13 credit for restoration of substantial amounts held 14 under claim of right for the taxable year pursuant 15 to Section 1341 of the Internal Revenue Code of 16 1986; and 17 (R) In the case of an attorney-in-fact with 18 respect to whom an interinsurer or a reciprocal 19 insurer has made the election under Section 835 of 20 the Internal Revenue Code, 26 U.S.C. 835, an amount 21 equal to the excess, if any, of the amounts paid or 22 incurred by that interinsurer or reciprocal insurer 23 in the taxable year to the attorney-in-fact over the 24 deduction allowed to that interinsurer or reciprocal 25 insurer with respect to the attorney-in-fact under 26 Section 835(b) of the Internal Revenue Code for the 27 taxable year. 28 (3) Special rule. For purposes of paragraph (2) 29 (A), "gross income" in the case of a life insurance 30 company, for tax years ending on and after December 31, 31 1994, shall mean the gross investment income for the 32 taxable year. 33 (c) Trusts and estates. 34 (1) In general. In the case of a trust or estate, SB1591 Engrossed -215- LRB9111045EGfg 1 base income means an amount equal to the taxpayer's 2 taxable income for the taxable year as modified by 3 paragraph (2). 4 (2) Modifications. Subject to the provisions of 5 paragraph (3), the taxable income referred to in 6 paragraph (1) shall be modified by adding thereto the sum 7 of the following amounts: 8 (A) An amount equal to all amounts paid or 9 accrued to the taxpayer as interest or dividends 10 during the taxable year to the extent excluded from 11 gross income in the computation of taxable income; 12 (B) In the case of (i) an estate, $600; (ii) a 13 trust which, under its governing instrument, is 14 required to distribute all of its income currently, 15 $300; and (iii) any other trust, $100, but in each 16 such case, only to the extent such amount was 17 deducted in the computation of taxable income; 18 (C) An amount equal to the amount of tax 19 imposed by this Act to the extent deducted from 20 gross income in the computation of taxable income 21 for the taxable year; 22 (D) The amount of any net operating loss 23 deduction taken in arriving at taxable income, other 24 than a net operating loss carried forward from a 25 taxable year ending prior to December 31, 1986; 26 (E) For taxable years in which a net operating 27 loss carryback or carryforward from a taxable year 28 ending prior to December 31, 1986 is an element of 29 taxable income under paragraph (1) of subsection (e) 30 or subparagraph (E) of paragraph (2) of subsection 31 (e), the amount by which addition modifications 32 other than those provided by this subparagraph (E) 33 exceeded subtraction modifications in such taxable 34 year, with the following limitations applied in the SB1591 Engrossed -216- LRB9111045EGfg 1 order that they are listed: 2 (i) the addition modification relating to 3 the net operating loss carried back or forward 4 to the taxable year from any taxable year 5 ending prior to December 31, 1986 shall be 6 reduced by the amount of addition modification 7 under this subparagraph (E) which related to 8 that net operating loss and which was taken 9 into account in calculating the base income of 10 an earlier taxable year, and 11 (ii) the addition modification relating 12 to the net operating loss carried back or 13 forward to the taxable year from any taxable 14 year ending prior to December 31, 1986 shall 15 not exceed the amount of such carryback or 16 carryforward; 17 For taxable years in which there is a net 18 operating loss carryback or carryforward from more 19 than one other taxable year ending prior to December 20 31, 1986, the addition modification provided in this 21 subparagraph (E) shall be the sum of the amounts 22 computed independently under the preceding 23 provisions of this subparagraph (E) for each such 24 taxable year; 25 (F) For taxable years ending on or after 26 January 1, 1989, an amount equal to the tax deducted 27 pursuant to Section 164 of the Internal Revenue Code 28 if the trust or estate is claiming the same tax for 29 purposes of the Illinois foreign tax credit under 30 Section 601 of this Act; 31 (G) An amount equal to the amount of the 32 capital gain deduction allowable under the Internal 33 Revenue Code, to the extent deducted from gross 34 income in the computation of taxable income; and SB1591 Engrossed -217- LRB9111045EGfg 1 (G-5) For taxable years ending after December 2 31, 1997, an amount equal to any eligible 3 remediation costs that the trust or estate deducted 4 in computing adjusted gross income and for which the 5 trust or estate claims a credit under subsection (l) 6 of Section 201; 7 and by deducting from the total so obtained the sum of 8 the following amounts: 9 (H) An amount equal to all amounts included in 10 such total pursuant to the provisions of Sections 11 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 12 408 of the Internal Revenue Code or included in such 13 total as distributions under the provisions of any 14 retirement or disability plan for employees of any 15 governmental agency or unit, or retirement payments 16 to retired partners, which payments are excluded in 17 computing net earnings from self employment by 18 Section 1402 of the Internal Revenue Code and 19 regulations adopted pursuant thereto; 20 (I) The valuation limitation amount; 21 (J) An amount equal to the amount of any tax 22 imposed by this Act which was refunded to the 23 taxpayer and included in such total for the taxable 24 year; 25 (K) An amount equal to all amounts included in 26 taxable income as modified by subparagraphs (A), 27 (B), (C), (D), (E), (F) and (G) which are exempt 28 from taxation by this State either by reason of its 29 statutes or Constitution or by reason of the 30 Constitution, treaties or statutes of the United 31 States; provided that, in the case of any statute of 32 this State that exempts income derived from bonds or 33 other obligations from the tax imposed under this 34 Act, the amount exempted shall be the interest net SB1591 Engrossed -218- LRB9111045EGfg 1 of bond premium amortization; 2 (L) With the exception of any amounts 3 subtracted under subparagraph (K), an amount equal 4 to the sum of all amounts disallowed as deductions 5 by (i) Sections 171(a) (2) and 265(a)(2) of the 6 Internal Revenue Code, as now or hereafter amended, 7 and all amounts of expenses allocable to interest 8 and disallowed as deductions by Section 265(1) of 9 the Internal Revenue Code of 1954, as now or 10 hereafter amended; and (ii) for taxable years ending 11 on or after August 13, 1999the effective date of12this amendatory Act of the 91st General Assembly, 13 Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) 14 of the Internal Revenue Code; the provisions of this 15 subparagraph are exempt from the provisions of 16 Section 250; 17 (M) An amount equal to those dividends 18 included in such total which were paid by a 19 corporation which conducts business operations in an 20 Enterprise Zone or zones created under the Illinois 21 Enterprise Zone Act and conducts substantially all 22 of its operations in an Enterprise Zone or Zones; 23 (N) An amount equal to any contribution made 24 to a job training project established pursuant to 25 the Tax Increment Allocation Redevelopment Act; 26 (O) An amount equal to those dividends 27 included in such total that were paid by a 28 corporation that conducts business operations in a 29 federally designated Foreign Trade Zone or Sub-Zone 30 and that is designated a High Impact Business 31 located in Illinois; provided that dividends 32 eligible for the deduction provided in subparagraph 33 (M) of paragraph (2) of this subsection shall not be 34 eligible for the deduction provided under this SB1591 Engrossed -219- LRB9111045EGfg 1 subparagraph (O); 2 (P) An amount equal to the amount of the 3 deduction used to compute the federal income tax 4 credit for restoration of substantial amounts held 5 under claim of right for the taxable year pursuant 6 to Section 1341 of the Internal Revenue Code of 7 1986; and 8 (Q) For taxable year 1999 and thereafter, an 9 amount equal to the amount of any (i) distributions, 10 to the extent includible in gross income for federal 11 income tax purposes, made to the taxpayer because of 12 his or her status as a victim of persecution for 13 racial or religious reasons by Nazi Germany or any 14 other Axis regime or as an heir of the victim and 15 (ii) items of income, to the extent includible in 16 gross income for federal income tax purposes, 17 attributable to, derived from or in any way related 18 to assets stolen from, hidden from, or otherwise 19 lost to a victim of persecution for racial or 20 religious reasons by Nazi Germany or any other Axis 21 regime immediately prior to, during, and immediately 22 after World War II, including, but not limited to, 23 interest on the proceeds receivable as insurance 24 under policies issued to a victim of persecution for 25 racial or religious reasons by Nazi Germany or any 26 other Axis regime by European insurance companies 27 immediately prior to and during World War II; 28 provided, however, this subtraction from federal 29 adjusted gross income does not apply to assets 30 acquired with such assets or with the proceeds from 31 the sale of such assets; provided, further, this 32 paragraph shall only apply to a taxpayer who was the 33 first recipient of such assets after their recovery 34 and who is a victim of persecution for racial or SB1591 Engrossed -220- LRB9111045EGfg 1 religious reasons by Nazi Germany or any other Axis 2 regime or as an heir of the victim. The amount of 3 and the eligibility for any public assistance, 4 benefit, or similar entitlement is not affected by 5 the inclusion of items (i) and (ii) of this 6 paragraph in gross income for federal income tax 7 purposes. This paragraph is exempt from the 8 provisions of Section 250. 9 (3) Limitation. The amount of any modification 10 otherwise required under this subsection shall, under 11 regulations prescribed by the Department, be adjusted by 12 any amounts included therein which were properly paid, 13 credited, or required to be distributed, or permanently 14 set aside for charitable purposes pursuant to Internal 15 Revenue Code Section 642(c) during the taxable year. 16 (d) Partnerships. 17 (1) In general. In the case of a partnership, base 18 income means an amount equal to the taxpayer's taxable 19 income for the taxable year as modified by paragraph (2). 20 (2) Modifications. The taxable income referred to 21 in paragraph (1) shall be modified by adding thereto the 22 sum of the following amounts: 23 (A) An amount equal to all amounts paid or 24 accrued to the taxpayer as interest or dividends 25 during the taxable year to the extent excluded from 26 gross income in the computation of taxable income; 27 (B) An amount equal to the amount of tax 28 imposed by this Act to the extent deducted from 29 gross income for the taxable year; 30 (C) The amount of deductions allowed to the 31 partnership pursuant to Section 707 (c) of the 32 Internal Revenue Code in calculating its taxable 33 income; and 34 (D) An amount equal to the amount of the SB1591 Engrossed -221- LRB9111045EGfg 1 capital gain deduction allowable under the Internal 2 Revenue Code, to the extent deducted from gross 3 income in the computation of taxable income; 4 and by deducting from the total so obtained the following 5 amounts: 6 (E) The valuation limitation amount; 7 (F) An amount equal to the amount of any tax 8 imposed by this Act which was refunded to the 9 taxpayer and included in such total for the taxable 10 year; 11 (G) An amount equal to all amounts included in 12 taxable income as modified by subparagraphs (A), 13 (B), (C) and (D) which are exempt from taxation by 14 this State either by reason of its statutes or 15 Constitution or by reason of the Constitution, 16 treaties or statutes of the United States; provided 17 that, in the case of any statute of this State that 18 exempts income derived from bonds or other 19 obligations from the tax imposed under this Act, the 20 amount exempted shall be the interest net of bond 21 premium amortization; 22 (H) Any income of the partnership which 23 constitutes personal service income as defined in 24 Section 1348 (b) (1) of the Internal Revenue Code 25 (as in effect December 31, 1981) or a reasonable 26 allowance for compensation paid or accrued for 27 services rendered by partners to the partnership, 28 whichever is greater; 29 (I) An amount equal to all amounts of income 30 distributable to an entity subject to the Personal 31 Property Tax Replacement Income Tax imposed by 32 subsections (c) and (d) of Section 201 of this Act 33 including amounts distributable to organizations 34 exempt from federal income tax by reason of Section SB1591 Engrossed -222- LRB9111045EGfg 1 501(a) of the Internal Revenue Code; 2 (J) With the exception of any amounts 3 subtracted under subparagraph (G), an amount equal 4 to the sum of all amounts disallowed as deductions 5 by (i) Sections 171(a) (2), and 265(2) of the 6 Internal Revenue Code of 1954, as now or hereafter 7 amended, and all amounts of expenses allocable to 8 interest and disallowed as deductions by Section 9 265(1) of the Internal Revenue Code, as now or 10 hereafter amended; and (ii) for taxable years ending 11 on or after August 13, 1999the effective date of12this amendatory Act of the 91st General Assembly, 13 Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) 14 of the Internal Revenue Code; the provisions of this 15 subparagraph are exempt from the provisions of 16 Section 250; 17 (K) An amount equal to those dividends 18 included in such total which were paid by a 19 corporation which conducts business operations in an 20 Enterprise Zone or zones created under the Illinois 21 Enterprise Zone Act, enacted by the 82nd General 22 Assembly, and which does not conduct such operations 23 other than in an Enterprise Zone or Zones; 24 (L) An amount equal to any contribution made 25 to a job training project established pursuant to 26 the Real Property Tax Increment Allocation 27 Redevelopment Act; 28 (M) An amount equal to those dividends 29 included in such total that were paid by a 30 corporation that conducts business operations in a 31 federally designated Foreign Trade Zone or Sub-Zone 32 and that is designated a High Impact Business 33 located in Illinois; provided that dividends 34 eligible for the deduction provided in subparagraph SB1591 Engrossed -223- LRB9111045EGfg 1 (K) of paragraph (2) of this subsection shall not be 2 eligible for the deduction provided under this 3 subparagraph (M); and 4 (N) An amount equal to the amount of the 5 deduction used to compute the federal income tax 6 credit for restoration of substantial amounts held 7 under claim of right for the taxable year pursuant 8 to Section 1341 of the Internal Revenue Code of 9 1986. 10 (e) Gross income; adjusted gross income; taxable income. 11 (1) In general. Subject to the provisions of 12 paragraph (2) and subsection (b) (3), for purposes of 13 this Section and Section 803(e), a taxpayer's gross 14 income, adjusted gross income, or taxable income for the 15 taxable year shall mean the amount of gross income, 16 adjusted gross income or taxable income properly 17 reportable for federal income tax purposes for the 18 taxable year under the provisions of the Internal Revenue 19 Code. Taxable income may be less than zero. However, for 20 taxable years ending on or after December 31, 1986, net 21 operating loss carryforwards from taxable years ending 22 prior to December 31, 1986, may not exceed the sum of 23 federal taxable income for the taxable year before net 24 operating loss deduction, plus the excess of addition 25 modifications over subtraction modifications for the 26 taxable year. For taxable years ending prior to December 27 31, 1986, taxable income may never be an amount in excess 28 of the net operating loss for the taxable year as defined 29 in subsections (c) and (d) of Section 172 of the Internal 30 Revenue Code, provided that when taxable income of a 31 corporation (other than a Subchapter S corporation), 32 trust, or estate is less than zero and addition 33 modifications, other than those provided by subparagraph 34 (E) of paragraph (2) of subsection (b) for corporations SB1591 Engrossed -224- LRB9111045EGfg 1 or subparagraph (E) of paragraph (2) of subsection (c) 2 for trusts and estates, exceed subtraction modifications, 3 an addition modification must be made under those 4 subparagraphs for any other taxable year to which the 5 taxable income less than zero (net operating loss) is 6 applied under Section 172 of the Internal Revenue Code or 7 under subparagraph (E) of paragraph (2) of this 8 subsection (e) applied in conjunction with Section 172 of 9 the Internal Revenue Code. 10 (2) Special rule. For purposes of paragraph (1) of 11 this subsection, the taxable income properly reportable 12 for federal income tax purposes shall mean: 13 (A) Certain life insurance companies. In the 14 case of a life insurance company subject to the tax 15 imposed by Section 801 of the Internal Revenue Code, 16 life insurance company taxable income, plus the 17 amount of distribution from pre-1984 policyholder 18 surplus accounts as calculated under Section 815a of 19 the Internal Revenue Code; 20 (B) Certain other insurance companies. In the 21 case of mutual insurance companies subject to the 22 tax imposed by Section 831 of the Internal Revenue 23 Code, insurance company taxable income; 24 (C) Regulated investment companies. In the 25 case of a regulated investment company subject to 26 the tax imposed by Section 852 of the Internal 27 Revenue Code, investment company taxable income; 28 (D) Real estate investment trusts. In the 29 case of a real estate investment trust subject to 30 the tax imposed by Section 857 of the Internal 31 Revenue Code, real estate investment trust taxable 32 income; 33 (E) Consolidated corporations. In the case of 34 a corporation which is a member of an affiliated SB1591 Engrossed -225- LRB9111045EGfg 1 group of corporations filing a consolidated income 2 tax return for the taxable year for federal income 3 tax purposes, taxable income determined as if such 4 corporation had filed a separate return for federal 5 income tax purposes for the taxable year and each 6 preceding taxable year for which it was a member of 7 an affiliated group. For purposes of this 8 subparagraph, the taxpayer's separate taxable income 9 shall be determined as if the election provided by 10 Section 243(b) (2) of the Internal Revenue Code had 11 been in effect for all such years; 12 (F) Cooperatives. In the case of a 13 cooperative corporation or association, the taxable 14 income of such organization determined in accordance 15 with the provisions of Section 1381 through 1388 of 16 the Internal Revenue Code; 17 (G) Subchapter S corporations. In the case 18 of: (i) a Subchapter S corporation for which there 19 is in effect an election for the taxable year under 20 Section 1362 of the Internal Revenue Code, the 21 taxable income of such corporation determined in 22 accordance with Section 1363(b) of the Internal 23 Revenue Code, except that taxable income shall take 24 into account those items which are required by 25 Section 1363(b)(1) of the Internal Revenue Code to 26 be separately stated; and (ii) a Subchapter S 27 corporation for which there is in effect a federal 28 election to opt out of the provisions of the 29 Subchapter S Revision Act of 1982 and have applied 30 instead the prior federal Subchapter S rules as in 31 effect on July 1, 1982, the taxable income of such 32 corporation determined in accordance with the 33 federal Subchapter S rules as in effect on July 1, 34 1982; and SB1591 Engrossed -226- LRB9111045EGfg 1 (H) Partnerships. In the case of a 2 partnership, taxable income determined in accordance 3 with Section 703 of the Internal Revenue Code, 4 except that taxable income shall take into account 5 those items which are required by Section 703(a)(1) 6 to be separately stated but which would be taken 7 into account by an individual in calculating his 8 taxable income. 9 (f) Valuation limitation amount. 10 (1) In general. The valuation limitation amount 11 referred to in subsections (a) (2) (G), (c) (2) (I) and 12 (d)(2) (E) is an amount equal to: 13 (A) The sum of the pre-August 1, 1969 14 appreciation amounts (to the extent consisting of 15 gain reportable under the provisions of Section 1245 16 or 1250 of the Internal Revenue Code) for all 17 property in respect of which such gain was reported 18 for the taxable year; plus 19 (B) The lesser of (i) the sum of the 20 pre-August 1, 1969 appreciation amounts (to the 21 extent consisting of capital gain) for all property 22 in respect of which such gain was reported for 23 federal income tax purposes for the taxable year, or 24 (ii) the net capital gain for the taxable year, 25 reduced in either case by any amount of such gain 26 included in the amount determined under subsection 27 (a) (2) (F) or (c) (2) (H). 28 (2) Pre-August 1, 1969 appreciation amount. 29 (A) If the fair market value of property 30 referred to in paragraph (1) was readily 31 ascertainable on August 1, 1969, the pre-August 1, 32 1969 appreciation amount for such property is the 33 lesser of (i) the excess of such fair market value 34 over the taxpayer's basis (for determining gain) for SB1591 Engrossed -227- LRB9111045EGfg 1 such property on that date (determined under the 2 Internal Revenue Code as in effect on that date), or 3 (ii) the total gain realized and reportable for 4 federal income tax purposes in respect of the sale, 5 exchange or other disposition of such property. 6 (B) If the fair market value of property 7 referred to in paragraph (1) was not readily 8 ascertainable on August 1, 1969, the pre-August 1, 9 1969 appreciation amount for such property is that 10 amount which bears the same ratio to the total gain 11 reported in respect of the property for federal 12 income tax purposes for the taxable year, as the 13 number of full calendar months in that part of the 14 taxpayer's holding period for the property ending 15 July 31, 1969 bears to the number of full calendar 16 months in the taxpayer's entire holding period for 17 the property. 18 (C) The Department shall prescribe such 19 regulations as may be necessary to carry out the 20 purposes of this paragraph. 21 (g) Double deductions. Unless specifically provided 22 otherwise, nothing in this Section shall permit the same item 23 to be deducted more than once. 24 (h) Legislative intention. Except as expressly provided 25 by this Section there shall be no modifications or 26 limitations on the amounts of income, gain, loss or deduction 27 taken into account in determining gross income, adjusted 28 gross income or taxable income for federal income tax 29 purposes for the taxable year, or in the amount of such items 30 entering into the computation of base income and net income 31 under this Act for such taxable year, whether in respect of 32 property values as of August 1, 1969 or otherwise. 33 (Source: P.A. 90-491, eff. 1-1-98; 90-717, eff. 8-7-98; SB1591 Engrossed -228- LRB9111045EGfg 1 90-770, eff. 8-14-98; 91-192, eff. 7-20-99; 91-205, eff. 2 7-20-99; 91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676, 3 eff. 12-23-99; revised 1-5-00.) 4 (35 ILCS 5/509) (from Ch. 120, par. 5-509) 5 Sec. 509. Tax checkoff explanations. All individual 6 income tax return forms shall contain appropriate 7 explanations and spaces to enable the taxpayers to designate 8 contributions to the Child Abuse Prevention Fund, to the 9 Community Health Center Care Fund, to the Illinois Wildlife 10 Preservation Fund as required by the Illinois Non-Game 11 Wildlife Protection Act, to the Alzheimer's Disease Research 12 Fund as required by the Alzheimer's Disease Research Act, to 13 the Assistance to the Homeless Fund as required by this Act, 14 to the Heritage Preservation Fund as required by the Heritage 15 Preservation Act, to the Child Care Expansion Program Fund as 16 required by the Child Care Expansion Program Act, to the Ryan 17 White AIDS Victims Assistance Fund, to the Assistive 18 Technology for Persons with Disabilities Fund, to the 19 Domestic Violence Shelter and Service Fund, to the United 20 States Olympians Assistance Fund, to the Youth Drug Abuse 21 Prevention Fund, to the Persian Gulf Conflict Veterans Fund, 22 to the Literacy Advancement Fund, to the Ryan White Pediatric 23 and Adult AIDS Fund, to the Illinois Special Olympics 24 Checkoff Fund, to the Penny Severns Breast and Cervical 25 Cancer Research Fund, to the Korean War Memorial Fund, to the 26 Heart Disease Treatment and Prevention Fund, to the 27 Hemophilia Treatment Fund, to the Mental Health Research 28 Fund, to the Children's Cancer Fund, to the American Diabetes 29 Association Fund, to the Women in Military Service Memorial 30 Fund, to the Prostate Cancer Research Fund, and to the Meals 31 on Wheels Fund. Each form shall contain a statement that the 32 contributions will reduce the taxpayer's refund or increase 33 the amount of payment to accompany the return. Failure to SB1591 Engrossed -229- LRB9111045EGfg 1 remit any amount of increased payment shall reduce the 2 contribution accordingly. 3 If, on October 1 of any year, the total contributions to 4 any one of the funds made under this Section do not equal 5 $100,000 or more, the explanations and spaces for designating 6 contributions to the fund shall be removed from the 7 individual income tax return forms for the following and all 8 subsequent years and all subsequent contributions to the fund 9 shall be refunded to the taxpayer. 10 (Source: P.A. 90-171, eff. 7-23-97; 91-104, eff. 7-13-99; 11 91-107, eff. 7-13-99; 91-357, eff. 7-29-99; revised 8-23-99.) 12 (35 ILCS 5/510) (from Ch. 120, par. 5-510) 13 Sec. 510. Determination of amounts contributed. The 14 Department shall determine the total amount contributed to 15 each of the following: the Child Abuse Prevention Fund, the 16 Illinois Wildlife Preservation Fund, the Community Health 17 Center Care Fund, the Assistance to the Homeless Fund, the 18 Alzheimer's Disease Research Fund, the Heritage Preservation 19 Fund, the Child Care Expansion Program Fund, the Ryan White 20 AIDS Victims Assistance Fund, the Assistive Technology for 21 Persons with Disabilities Fund, the Domestic Violence Shelter 22 and Service Fund, the United States Olympians Assistance 23 Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf 24 Conflict Veterans Fund, the Literacy Advancement Fund, the 25 Ryan White Pediatric and Adult AIDS Fund, the Illinois 26 Special Olympics Checkoff Fund, the Penny Severns Breast and 27 Cervical Cancer Research Fund, the Korean War Memorial Fund, 28 the Heart Disease Treatment and Prevention Fund, the 29 Hemophilia Treatment Fund, the Mental Health Research Fund, 30 the Children's Cancer Fund, the American Diabetes 31 Association Fund, the Women in Military Service Memorial 32 Fund, the Prostate Cancer Research Fund, and the Meals on 33 Wheels Fund; and shall notify the State Comptroller and the SB1591 Engrossed -230- LRB9111045EGfg 1 State Treasurer of the amounts to be transferred from the 2 General Revenue Fund to each fund, and upon receipt of such 3 notification the State Treasurer and Comptroller shall 4 transfer the amounts. 5 (Source: P.A. 90-171, eff. 7-23-97; 91-104, eff. 7-13-99; 6 91-107, eff. 7-13-99; revised 9-24-99.) 7 (35 ILCS 5/901) (from Ch. 120, par. 9-901) 8 Sec. 901. Collection Authority. 9 (a) In general. 10 The Department shall collect the taxes imposed by this 11 Act. The Department shall collect certified past due child 12 support amounts under Section 2505-650 of the Department of 13 Revenue Law (20 ILCS 2505/2505-650). Except as provided in 14 subsections (c) and (e) of this Section, money collected 15 pursuant to subsections (a) and (b) of Section 201 of this 16 Act shall be paid into the General Revenue Fund in the State 17 treasury; money collected pursuant to subsections (c) and (d) 18 of Section 201 of this Act shall be paid into the Personal 19 Property Tax Replacement Fund, a special fund in the State 20 Treasury; and money collected under Section 2505-650 of the 21 Department of Revenue Law (20 ILCS 2505/2505-650) shall be 22 paid to the State Disbursement Unit established under Section 23 10-26 of the Illinois Public Aid Code. 24 (b) Local Governmental Distributive Fund. 25 Beginning August 1, 1969, and continuing through June 30, 26 1994, the Treasurer shall transfer each month from the 27 General Revenue Fund to a special fund in the State treasury, 28 to be known as the "Local Government Distributive Fund", an 29 amount equal to 1/12 of the net revenue realized from the tax 30 imposed by subsections (a) and (b) of Section 201 of this Act 31 during the preceding month. Beginning July 1, 1994, and 32 continuing through June 30, 1995, the Treasurer shall 33 transfer each month from the General Revenue Fund to the SB1591 Engrossed -231- LRB9111045EGfg 1 Local Government Distributive Fund an amount equal to 1/11 of 2 the net revenue realized from the tax imposed by subsections 3 (a) and (b) of Section 201 of this Act during the preceding 4 month. Beginning July 1, 1995, the Treasurer shall transfer 5 each month from the General Revenue Fund to the Local 6 Government Distributive Fund an amount equal to 1/10 of the 7 net revenue realized from the tax imposed by subsections (a) 8 and (b) of Section 201 of the Illinois Income Tax Act during 9 the preceding month. Net revenue realized for a month shall 10 be defined as the revenue from the tax imposed by subsections 11 (a) and (b) of Section 201 of this Act which is deposited in 12 the General Revenue Fund, the Educational Assistance Fund and 13 the Income Tax Surcharge Local Government Distributive Fund 14 during the month minus the amount paid out of the General 15 Revenue Fund in State warrants during that same month as 16 refunds to taxpayers for overpayment of liability under the 17 tax imposed by subsections (a) and (b) of Section 201 of this 18 Act. 19 (c) Deposits Into Income Tax Refund Fund. 20 (1) Beginning on January 1, 1989 and thereafter, 21 the Department shall deposit a percentage of the amounts 22 collected pursuant to subsections (a) and (b)(1), (2), 23 and (3), of Section 201 of this Act into a fund in the 24 State treasury known as the Income Tax Refund Fund. The 25 Department shall deposit 6% of such amounts during the 26 period beginning January 1, 1989 and ending on June 30, 27 1989. Beginning with State fiscal year 1990 and for each 28 fiscal year thereafter, the percentage deposited into the 29 Income Tax Refund Fund during a fiscal year shall be the 30 Annual Percentage. For fiscal years 1999 through 2001, 31 the Annual Percentage shall be 7.1%. For all other 32 fiscal years, the Annual Percentage shall be calculated 33 as a fraction, the numerator of which shall be the amount 34 of refunds approved for payment by the Department during SB1591 Engrossed -232- LRB9111045EGfg 1 the preceding fiscal year as a result of overpayment of 2 tax liability under subsections (a) and (b)(1), (2), and 3 (3) of Section 201 of this Act plus the amount of such 4 refunds remaining approved but unpaid at the end of the 5 preceding fiscal year, the denominator of which shall be 6 the amounts which will be collected pursuant to 7 subsections (a) and (b)(1), (2), and (3) of Section 201 8 of this Act during the preceding fiscal year. The 9 Director of Revenue shall certify the Annual Percentage 10 to the Comptroller on the last business day of the fiscal 11 year immediately preceding the fiscal year for which it 12 is to be effective. 13 (2) Beginning on January 1, 1989 and thereafter, 14 the Department shall deposit a percentage of the amounts 15 collected pursuant to subsections (a) and (b)(6), (7), 16 and (8), (c) and (d) of Section 201 of this Act into a 17 fund in the State treasury known as the Income Tax Refund 18 Fund. The Department shall deposit 18% of such amounts 19 during the period beginning January 1, 1989 and ending on 20 June 30, 1989. Beginning with State fiscal year 1990 and 21 for each fiscal year thereafter, the percentage deposited 22 into the Income Tax Refund Fund during a fiscal year 23 shall be the Annual Percentage. For fiscal years 1999, 24 2000, and 2001, the Annual Percentage shall be 19%. For 25 all other fiscal years, the Annual Percentage shall be 26 calculated as a fraction, the numerator of which shall be 27 the amount of refunds approved for payment by the 28 Department during the preceding fiscal year as a result 29 of overpayment of tax liability under subsections (a) and 30 (b)(6), (7), and (8), (c) and (d) of Section 201 of this 31 Act plus the amount of such refunds remaining approved 32 but unpaid at the end of the preceding fiscal year, the 33 denominator of which shall be the amounts which will be 34 collected pursuant to subsections (a) and (b)(6), (7), SB1591 Engrossed -233- LRB9111045EGfg 1 and (8), (c) and (d) of Section 201 of this Act during 2 the preceding fiscal year. The Director of Revenue shall 3 certify the Annual Percentage to the Comptroller on the 4 last business day of the fiscal year immediately 5 preceding the fiscal year for which it is to be 6 effective. 7 (d) Expenditures from Income Tax Refund Fund. 8 (1) Beginning January 1, 1989, money in the Income 9 Tax Refund Fund shall be expended exclusively for the 10 purpose of paying refunds resulting from overpayment of 11 tax liability under Section 201 of this Act and for 12 making transfers pursuant to this subsection (d). 13 (2) The Director shall order payment of refunds 14 resulting from overpayment of tax liability under Section 15 201 of this Act from the Income Tax Refund Fund only to 16 the extent that amounts collected pursuant to Section 201 17 of this Act and transfers pursuant to this subsection (d) 18 have been deposited and retained in the Fund. 19 (3) As soon as possible after the end of each 20 fiscal year, the Director shall order transferred and the 21 State Treasurer and State Comptroller shall transfer from 22 the Income Tax Refund Fund to the Personal Property Tax 23 Replacement Fund an amount, certified by the Director to 24 the Comptroller, equal to the excess of the amount 25 collected pursuant to subsections (c) and (d) of Section 26 201 of this Act deposited into the Income Tax Refund Fund 27 during the fiscal year over the amount of refunds 28 resulting from overpayment of tax liability under 29 subsections (c) and (d) of Section 201 of this Act paid 30 from the Income Tax Refund Fund during the fiscal year. 31 (4) As soon as possible after the end of each 32 fiscal year, the Director shall order transferred and the 33 State Treasurer and State Comptroller shall transfer from 34 the Personal Property Tax Replacement Fund to the Income SB1591 Engrossed -234- LRB9111045EGfg 1 Tax Refund Fund an amount, certified by the Director to 2 the Comptroller, equal to the excess of the amount of 3 refunds resulting from overpayment of tax liability under 4 subsections (c) and (d) of Section 201 of this Act paid 5 from the Income Tax Refund Fund during the fiscal year 6 over the amount collected pursuant to subsections (c) and 7 (d) of Section 201 of this Act deposited into the Income 8 Tax Refund Fund during the fiscal year. 9 (4.5) As soon as possible after the end of fiscal 10 year 1999 and of each fiscal year thereafter, the 11 Director shall order transferred and the State Treasurer 12 and State Comptroller shall transfer from the Income Tax 13 Refund Fund to the General Revenue Fund any surplus 14 remaining in the Income Tax Refund Fund as of the end of 15 such fiscal year. 16 (5) This Act shall constitute an irrevocable and 17 continuing appropriation from the Income Tax Refund Fund 18 for the purpose of paying refunds upon the order of the 19 Director in accordance with the provisions of this 20 Section. 21 (e) Deposits into the Education Assistance Fund and the 22 Income Tax Surcharge Local Government Distributive Fund. 23 On July 1, 1991, and thereafter, of the amounts collected 24 pursuant to subsections (a) and (b) of Section 201 of this 25 Act, minus deposits into the Income Tax Refund Fund, the 26 Department shall deposit 7.3% into the Education Assistance 27 Fund in the State Treasury. Beginning July 1, 1991, and 28 continuing through January 31, 1993, of the amounts collected 29 pursuant to subsections (a) and (b) of Section 201 of the 30 Illinois Income Tax Act, minus deposits into the Income Tax 31 Refund Fund, the Department shall deposit 3.0% into the 32 Income Tax Surcharge Local Government Distributive Fund in 33 the State Treasury. Beginning February 1, 1993 and 34 continuing through June 30, 1993, of the amounts collected SB1591 Engrossed -235- LRB9111045EGfg 1 pursuant to subsections (a) and (b) of Section 201 of the 2 Illinois Income Tax Act, minus deposits into the Income Tax 3 Refund Fund, the Department shall deposit 4.4% into the 4 Income Tax Surcharge Local Government Distributive Fund in 5 the State Treasury. Beginning July 1, 1993, and continuing 6 through June 30, 1994, of the amounts collected under 7 subsections (a) and (b) of Section 201 of this Act, minus 8 deposits into the Income Tax Refund Fund, the Department 9 shall deposit 1.475% into the Income Tax Surcharge Local 10 Government Distributive Fund in the State Treasury. 11 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98; 12 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.) 13 Section 33. The Use Tax Act is amended by changing 14 Sections 3-5, 3-55, and 9 as follows: 15 (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5) 16 Sec. 3-5. Exemptions. Use of the following tangible 17 personal property is exempt from the tax imposed by this Act: 18 (1) Personal property purchased from a corporation, 19 society, association, foundation, institution, or 20 organization, other than a limited liability company, that is 21 organized and operated as a not-for-profit service enterprise 22 for the benefit of persons 65 years of age or older if the 23 personal property was not purchased by the enterprise for the 24 purpose of resale by the enterprise. 25 (2) Personal property purchased by a not-for-profit 26 Illinois county fair association for use in conducting, 27 operating, or promoting the county fair. 28 (3) Personal property purchased by a not-for-profit arts 29 or cultural organization that establishes, by proof required 30 by the Department by rule, that it has received an exemption 31 under Section 501(c)(3) of the Internal Revenue Code and that 32 is organized and operated for the presentation or support of SB1591 Engrossed -236- LRB9111045EGfg 1 arts or cultural programming, activities, or services. These 2 organizations include, but are not limited to, music and 3 dramatic arts organizations such as symphony orchestras and 4 theatrical groups, arts and cultural service organizations, 5 local arts councils, visual arts organizations, and media 6 arts organizations. 7 (4) Personal property purchased by a governmental body, 8 by a corporation, society, association, foundation, or 9 institution organized and operated exclusively for 10 charitable, religious, or educational purposes, or by a 11 not-for-profit corporation, society, association, foundation, 12 institution, or organization that has no compensated officers 13 or employees and that is organized and operated primarily for 14 the recreation of persons 55 years of age or older. A limited 15 liability company may qualify for the exemption under this 16 paragraph only if the limited liability company is organized 17 and operated exclusively for educational purposes. On and 18 after July 1, 1987, however, no entity otherwise eligible for 19 this exemption shall make tax-free purchases unless it has an 20 active exemption identification number issued by the 21 Department. 22 (5) A passenger car that is a replacement vehicle to the 23 extent that the purchase price of the car is subject to the 24 Replacement Vehicle Tax. 25 (6) Graphic arts machinery and equipment, including 26 repair and replacement parts, both new and used, and 27 including that manufactured on special order, certified by 28 the purchaser to be used primarily for graphic arts 29 production, and including machinery and equipment purchased 30 for lease. 31 (7) Farm chemicals. 32 (8) Legal tender, currency, medallions, or gold or 33 silver coinage issued by the State of Illinois, the 34 government of the United States of America, or the government SB1591 Engrossed -237- LRB9111045EGfg 1 of any foreign country, and bullion. 2 (9) Personal property purchased from a teacher-sponsored 3 student organization affiliated with an elementary or 4 secondary school located in Illinois. 5 (10) A motor vehicle of the first division, a motor 6 vehicle of the second division that is a self-contained motor 7 vehicle designed or permanently converted to provide living 8 quarters for recreational, camping, or travel use, with 9 direct walk through to the living quarters from the driver's 10 seat, or a motor vehicle of the second division that is of 11 the van configuration designed for the transportation of not 12 less than 7 nor more than 16 passengers, as defined in 13 Section 1-146 of the Illinois Vehicle Code, that is used for 14 automobile renting, as defined in the Automobile Renting 15 Occupation and Use Tax Act. 16 (11) Farm machinery and equipment, both new and used, 17 including that manufactured on special order, certified by 18 the purchaser to be used primarily for production agriculture 19 or State or federal agricultural programs, including 20 individual replacement parts for the machinery and equipment, 21 including machinery and equipment purchased for lease, and 22 including implements of husbandry defined in Section 1-130 of 23 the Illinois Vehicle Code, farm machinery and agricultural 24 chemical and fertilizer spreaders, and nurse wagons required 25 to be registered under Section 3-809 of the Illinois Vehicle 26 Code, but excluding other motor vehicles required to be 27 registered under the Illinois Vehicle Code. Horticultural 28 polyhouses or hoop houses used for propagating, growing, or 29 overwintering plants shall be considered farm machinery and 30 equipment under this item (11). Agricultural chemical tender 31 tanks and dry boxes shall include units sold separately from 32 a motor vehicle required to be licensed and units sold 33 mounted on a motor vehicle required to be licensed if the 34 selling price of the tender is separately stated. SB1591 Engrossed -238- LRB9111045EGfg 1 Farm machinery and equipment shall include precision 2 farming equipment that is installed or purchased to be 3 installed on farm machinery and equipment including, but not 4 limited to, tractors, harvesters, sprayers, planters, 5 seeders, or spreaders. Precision farming equipment includes, 6 but is not limited to, soil testing sensors, computers, 7 monitors, software, global positioning and mapping systems, 8 and other such equipment. 9 Farm machinery and equipment also includes computers, 10 sensors, software, and related equipment used primarily in 11 the computer-assisted operation of production agriculture 12 facilities, equipment, and activities such as, but not 13 limited to, the collection, monitoring, and correlation of 14 animal and crop data for the purpose of formulating animal 15 diets and agricultural chemicals. This item (11) is exempt 16 from the provisions of Section 3-90. 17 (12) Fuel and petroleum products sold to or used by an 18 air common carrier, certified by the carrier to be used for 19 consumption, shipment, or storage in the conduct of its 20 business as an air common carrier, for a flight destined for 21 or returning from a location or locations outside the United 22 States without regard to previous or subsequent domestic 23 stopovers. 24 (13) Proceeds of mandatory service charges separately 25 stated on customers' bills for the purchase and consumption 26 of food and beverages purchased at retail from a retailer, to 27 the extent that the proceeds of the service charge are in 28 fact turned over as tips or as a substitute for tips to the 29 employees who participate directly in preparing, serving, 30 hosting or cleaning up the food or beverage function with 31 respect to which the service charge is imposed. 32 (14) Oil field exploration, drilling, and production 33 equipment, including (i) rigs and parts of rigs, rotary rigs, 34 cable tool rigs, and workover rigs, (ii) pipe and tubular SB1591 Engrossed -239- LRB9111045EGfg 1 goods, including casing and drill strings, (iii) pumps and 2 pump-jack units, (iv) storage tanks and flow lines, (v) any 3 individual replacemen