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Public Act 92-0084
SB1151 Enrolled LRB9206428JMmb
AN ACT in relation to the repeal, deletion, and amendment
of certain statutory provisions.
WHEREAS, It is the intent of the General Assembly that
nothing in this Public Act shall be construed to have any
effect on (i) any action taken under any provision of law
before the repeal or deletion of the provision of law by this
Public Act or (ii) any right, remedy, immunity from
liability, right or duty of confidentiality, conveyance, or
legal status that was created, conferred, or imposed by any
provision of law before the repeal or deletion of the
provision of law by this Public Act; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Supported Employees Act is amended by
changing Section 4 as follows:
(5 ILCS 390/4) (from Ch. 127, par. 3904)
Sec. 4. The Department, working with the Departments of
Human Services and Public Aid, any funder or provider or
both, and the Interagency Committee on Handicapped Employees
with Disabilities, shall seek the cooperation, assistance and
participation of all State agencies in the development and
implementation of a supported employment program. It shall
be the goal of the program to appoint a minimum of 25
supported employees to State agency positions prior to June
30, 1991.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 10. The Illinois Act on the Aging is amended by
changing Section 4.02a as follows:
(20 ILCS 105/4.02a) (from Ch. 23, par. 6104.02a)
Sec. 4.02a. Study of board and care homes.
(a) The Department shall conduct a study to determine
the need for and viability of establishing laws and
regulations governing board and care homes in Illinois. This
study shall be conducted in cooperation with the Department
of Public Health.
The Department and the Department of Public Health shall
conduct at least 3 public hearings on the issue of board and
care. Board and care legislation and policy from other
states shall be researched, as well as the administrative
structure and costs of board and care oversight.
(b) The Department shall submit a written report to the
General Assembly by April 1, 1992, summarizing its activities
and recommendations and the research of other states. The
report shall minimally include:
(1) The advisability of developing a system for
registration or licensing of board and care homes to
provide room, board and personal care to older persons
and disabled persons in Illinois.
(2) The definition of personal care to be used by
board and care homes.
(3) The size and composition of board and care
homes, such as foster care homes, and personal care
boarding homes, to be licensed or registered.
(4) The minimum qualifications and training
requirements for operators of board and care homes.
(5) The general conditions of homes to be licensed
or registered.
(6) The recommended bill of rights for persons who
reside in board and care homes.
(7) The role of the Department and the Department
of Public Health in licensing or registering board and
care homes and the role of the Long Term Care Ombudsman
Program.
(8) The projected number of board and care homes
that would be licensed or registered and the projected
number of persons who may reside in board and care homes.
(9) The cost of licensing or registering and
oversight of board and care homes and the projected cost
of providing services to residents of board and care
homes.
(c) This Section is repealed on July 1, 2002.
(Source: P.A. 87-162.)
Section 15. The Children and Family Services Act is
amended by changing Section 34.12 as follows:
(20 ILCS 505/34.12)
Sec. 34.12. Federal family resource and support program
grants. Each year By January 1, 1994, the Department shall
submit an application to the Commissioner of the
Administration on Children, Youths, and Families under 42
USCA Sections 12336, 12337, and 12338 for a family resource
and support program grant to expand, develop, and operate a
network of local family resource and support programs.
(Source: P.A. 88-487; 88-670, eff. 12-2-94.)
Section 25. The Export Trading Company Act is amended by
adding Section 8.1 as follows:
(20 ILCS 650/8.1 new)
Sec. 8.1. Repeal. This Act is repealed on July 1, 2002.
Section 30. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-75, 2310-275, and 2310-315
as follows:
(20 ILCS 2310/2310-75) (was 20 ILCS 2310/55.38)
Sec. 2310-75. Impact of diesel powered equipment and
explosives in underground coal mines. The Department shall
conduct a study of underground coal mines that use diesel
powered equipment or explosives while persons are working
underground. The study shall include, at a minimum, an
assessment of the health and safety impacts from the use of
those practices and equipment. The Department shall report
its findings to the Governor and the General Assembly by no
later than January 1, 1986.
This Section is repealed on July 1, 2002.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2310/2310-275) (was 20 ILCS 2310/55.61)
Sec. 2310-275. Child health insurance plan study.
(a) The Department, in cooperation with the Department
of Insurance and the Department of Public Aid, shall
undertake a study to determine the feasibility of
establishing a child health insurance plan to provide primary
and preventive health care services for children. The study
shall provide an analysis of the types of health care
services and benefits needed, including, but not limited to,
well-child care, diagnosis and treatment of illness and
injury, prescription drugs, and laboratory services. The
study shall include an analysis of the cost of the plan and
possible sources of funding. The study shall include a
review of similar plans operating in other states.
(b) The Department shall file its report as provided in
Section 3.1 of the General Assembly Organization Act no later
than 6 months after January 1, 1992.
(c) This Section is repealed on July 1, 2002.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2310/2310-315) (was 20 ILCS 2310/55.41)
Sec. 2310-315. Prevention and treatment of AIDS. To
perform the following in relation to the prevention and
treatment of acquired immunodeficiency syndrome (AIDS):
(1) Establish a State AIDS Control Unit within the
Department as a separate administrative subdivision, to
coordinate all State programs and services relating to the
prevention, treatment, and amelioration of AIDS.
(2) Conduct a public information campaign for
physicians, hospitals, health facilities, public health
departments, law enforcement personnel, public employees,
laboratories, and the general public on acquired
immunodeficiency syndrome (AIDS) and promote necessary
measures to reduce the incidence of AIDS and the mortality
from AIDS. This program shall include, but not be limited to,
the establishment of a statewide hotline and a State AIDS
information clearinghouse that will provide periodic reports
and releases to public officials, health professionals,
community service organizations, and the general public
regarding new developments or procedures concerning
prevention and treatment of AIDS.
(3) Establish an AIDS Advisory Council consisting of 25
persons appointed by the Governor, including representation
from public and private agencies, organizations, and
facilities involved in AIDS research, prevention, and
treatment, which shall advise the Department on the State
AIDS Control Plan. The terms of the initial appointments
shall be staggered so that 13 members are appointed for
2-year terms and 12 members are appointed for 4-year terms.
All subsequent appointments shall be for 4-year terms.
Members shall serve without compensation, but may be
reimbursed for expenses incurred in relation to their duties
on the Council. A Chairman and other officers that may be
considered necessary shall be elected from among the members.
Any vacancy shall be filled for the term of the original
appointment. Members whose terms have expired may continue
to serve until their successors are appointed.
(4) Establish alternative blood test services that are
not operated by a blood bank, plasma center or hospital. The
Department shall prescribe by rule minimum criteria,
standards and procedures for the establishment and operation
of such services, which shall include, but not be limited to
requirements for the provision of information, counseling and
referral services that ensure appropriate counseling and
referral for persons whose blood is tested and shows evidence
of exposure to the human immunodeficiency virus (HIV) or
other identified causative agent of acquired immunodeficiency
syndrome (AIDS).
(5) Establish regional and community service networks of
public and private service providers or health care
professionals who may be involved in AIDS research,
prevention and treatment.
(6) Provide grants to individuals, organizations or
facilities to support the following:
(A) Information, referral, and treatment services.
(B) Interdisciplinary workshops for professionals
involved in research and treatment.
(C) Establishment and operation of a statewide
hotline.
(D) Establishment and operation of alternative
testing services.
(E) Research into detection, prevention, and
treatment.
(F) Supplementation of other public and private
resources.
(G) Implementation by long-term care facilities of
Department standards and procedures for the care and
treatment of persons with AIDS and the development of
adequate numbers and types of placements for those
persons.
(7) (Blank). Conduct a study and report to the Governor
and the General Assembly by July 1, 1988, on the public and
private costs of AIDS medical treatment, including the
availability and accessibility of inpatient, outpatient,
physician, and community support services.
(8) Accept any gift, donation, bequest, or grant of
funds from private or public agencies, including federal
funds that may be provided for AIDS control efforts.
(9) Develop and implement, in consultation with the
Long-Term Care Facility Advisory Board, standards and
procedures for long-term care facilities that provide care
and treatment of persons with AIDS, including appropriate
infection control procedures. The Department shall work
cooperatively with organizations representing those
facilities to develop adequate numbers and types of
placements for persons with AIDS and shall advise those
facilities on proper implementation of its standards and
procedures.
(10) The Department shall create and administer a
training program for State employees who have a need for
understanding matters relating to AIDS in order to deal with
or advise the public. The training shall include information
on the cause and effects of AIDS, the means of detecting it
and preventing its transmission, the availability of related
counseling and referral, and other matters that may be
appropriate. The training may also be made available to
employees of local governments, public service agencies, and
private agencies that contract with the State; in those cases
the Department may charge a reasonable fee to recover the
cost of the training.
(11) Approve tests or testing procedures used in
determining exposure to HIV or any other identified causative
agent of AIDS.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 40. The Disabled Persons Rehabilitation Act is
amended by changing Section 3 as follows:
(20 ILCS 2405/3) (from Ch. 23, par. 3434)
Sec. 3. Powers and duties. The Department shall have the
powers and duties enumerated herein:
(a) To co-operate with the federal government in the
administration of the provisions of the federal
Rehabilitation Act of 1973, as amended, of the Workforce
Investment Act of 1998, and of the federal Social Security
Act to the extent and in the manner provided in these Acts.
(b) To prescribe and supervise such courses of
vocational training and provide such other services as may be
necessary for the habilitation and rehabilitation of persons
with one or more disabilities, including the administrative
activities under subsection (e) of this Section, and to
co-operate with State and local school authorities and other
recognized agencies engaged in habilitation, rehabilitation
and comprehensive rehabilitation services; and to cooperate
with the Department of Children and Family Services regarding
the care and education of children with one or more
disabilities.
(c) (Blank). To make such reports and submit such plans
to the federal government as are required by the provisions
of the federal Rehabilitation Act of 1973, as amended, and by
the rules and regulations of the federal agency or agencies
administering the federal Rehabilitation Act of 1973, as
amended, the Workforce Investment Act of 1998, and the
federal Social Security Act.
(d) To report in writing, to the Governor, annually on
or before the first day of December, and at such other times
and in such manner and upon such subjects as the Governor may
require. The annual report shall contain (1) a statement of
the existing condition of comprehensive rehabilitation
services, habilitation and rehabilitation in the State; (2) a
statement of suggestions and recommendations with reference
to the development of comprehensive rehabilitation services,
habilitation and rehabilitation in the State; and (3) an
itemized statement of the amounts of money received from
federal, State and other sources, and of the objects and
purposes to which the respective items of these several
amounts have been devoted.
(e) (Blank). To exercise, pursuant to Section 13 of this
Act, executive and administrative supervision over all
institutions, divisions, programs and services now existing
or hereafter acquired or created under the jurisdiction of
the Department, including, but not limited to, the following:
The Illinois School for the Visually Impaired at
Jacksonville, as provided under Section 10 of this Act,
The Illinois School for the Deaf at Jacksonville, as
provided under Section 10 of this Act, and
The Illinois Center for Rehabilitation and Education, as
provided under Section 11 of this Act.
(f) To establish a program of services to prevent
unnecessary institutionalization of persons with Alzheimer's
disease and related disorders or persons in need of long term
care who are established as blind or disabled as defined by
the Social Security Act, thereby enabling them to remain in
their own homes or other living arrangements. Such preventive
services may include, but are not limited to, any or all of
the following:
(1) home health services;
(2) home nursing services;
(3) homemaker services;
(4) chore and housekeeping services;
(5) day care services;
(6) home-delivered meals;
(7) education in self-care;
(8) personal care services;
(9) adult day health services;
(10) habilitation services;
(11) respite care; or
(12) other nonmedical social services that may
enable the person to become self-supporting.
The Department shall establish eligibility standards for
such services taking into consideration the unique economic
and social needs of the population for whom they are to be
provided. Such eligibility standards may be based on the
recipient's ability to pay for services; provided, however,
that any portion of a person's income that is equal to or
less than the "protected income" level shall not be
considered by the Department in determining eligibility. The
"protected income" level shall be determined by the
Department, shall never be less than the federal poverty
standard, and shall be adjusted each year to reflect changes
in the Consumer Price Index For All Urban Consumers as
determined by the United States Department of Labor.
Additionally, in determining the amount and nature of
services for which a person may qualify, consideration shall
not be given to the value of cash, property or other assets
held in the name of the person's spouse pursuant to a written
agreement dividing marital property into equal but separate
shares or pursuant to a transfer of the person's interest in
a home to his spouse, provided that the spouse's share of the
marital property is not made available to the person seeking
such services.
The services shall be provided to eligible persons to
prevent unnecessary or premature institutionalization, to the
extent that the cost of the services, together with the other
personal maintenance expenses of the persons, are reasonably
related to the standards established for care in a group
facility appropriate to their condition. These
non-institutional services, pilot projects or experimental
facilities may be provided as part of or in addition to those
authorized by federal law or those funded and administered by
the Illinois Department on Aging.
Personal care attendants shall be paid:
(i) A $5 per hour minimum rate beginning July 1,
1995.
(ii) A $5.30 per hour minimum rate beginning July
1, 1997.
(iii) A $5.40 per hour minimum rate beginning July
1, 1998.
The Department shall execute, relative to the nursing
home prescreening project, as authorized by Section 4.03 of
the Illinois Act on the Aging, written inter-agency
agreements with the Department on Aging and the Department of
Public Aid, to effect the following: (i) intake procedures
and common eligibility criteria for those persons who are
receiving non-institutional services; and (ii) the
establishment and development of non-institutional services
in areas of the State where they are not currently available
or are undeveloped. On and after July 1, 1996, all nursing
home prescreenings for individuals 18 through 59 years of age
shall be conducted by the Department.
The Department is authorized to establish a system of
recipient cost-sharing for services provided under this
Section. The cost-sharing shall be based upon the
recipient's ability to pay for services, but in no case shall
the recipient's share exceed the actual cost of the services
provided. Protected income shall not be considered by the
Department in its determination of the recipient's ability to
pay a share of the cost of services. The level of
cost-sharing shall be adjusted each year to reflect changes
in the "protected income" level. The Department shall deduct
from the recipient's share of the cost of services any money
expended by the recipient for disability-related expenses.
The Department, or the Department's authorized
representative, shall recover the amount of moneys expended
for services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may
be had until after the death of the surviving spouse, if any,
and then only at such time when there is no surviving child
who is under age 21, blind, or permanently and totally
disabled. This paragraph, however, shall not bar recovery,
at the death of the person, of moneys for services provided
to the person or in behalf of the person under this Section
to which the person was not entitled; provided that such
recovery shall not be enforced against any real estate while
it is occupied as a homestead by the surviving spouse or
other dependent, if no claims by other creditors have been
filed against the estate, or, if such claims have been filed,
they remain dormant for failure of prosecution or failure of
the claimant to compel administration of the estate for the
purpose of payment. This paragraph shall not bar recovery
from the estate of a spouse, under Sections 1915 and 1924 of
the Social Security Act and Section 5-4 of the Illinois
Public Aid Code, who precedes a person receiving services
under this Section in death. All moneys for services paid to
or in behalf of the person under this Section shall be
claimed for recovery from the deceased spouse's estate.
"Homestead", as used in this paragraph, means the dwelling
house and contiguous real estate occupied by a surviving
spouse or relative, as defined by the rules and regulations
of the Illinois Department of Public Aid, regardless of the
value of the property.
The Department and the Department on Aging shall
cooperate in the development and submission of an annual
report on programs and services provided under this Section.
Such joint report shall be filed with the Governor and the
General Assembly on or before March 30 each year.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act, and filing additional copies with the State
Government Report Distribution Center for the General
Assembly as required under paragraph (t) of Section 7 of the
State Library Act.
(g) To establish such subdivisions of the Department as
shall be desirable and assign to the various subdivisions the
responsibilities and duties placed upon the Department by
law.
(h) To cooperate and enter into any necessary agreements
with the Department of Employment Security for the provision
of job placement and job referral services to clients of the
Department, including job service registration of such
clients with Illinois Employment Security offices and making
job listings maintained by the Department of Employment
Security available to such clients.
(i) To possess all powers reasonable and necessary for
the exercise and administration of the powers, duties and
responsibilities of the Department which are provided for by
law.
(j) To establish a procedure whereby new providers of
personal care attendant services shall submit vouchers to the
State for payment two times during their first month of
employment and one time per month thereafter. In no case
shall the Department pay personal care attendants an hourly
wage that is less than the federal minimum wage.
(k) To provide adequate notice to providers of chore and
housekeeping services informing them that they are entitled
to an interest payment on bills which are not promptly paid
pursuant to Section 3 of the State Prompt Payment Act.
(l) To establish, operate and maintain a Statewide
Housing Clearinghouse of information on available, government
subsidized housing accessible to disabled persons and
available privately owned housing accessible to disabled
persons. The information shall include but not be limited to
the location, rental requirements, access features and
proximity to public transportation of available housing. The
Clearinghouse shall consist of at least a computerized
database for the storage and retrieval of information and a
separate or shared toll free telephone number for use by
those seeking information from the Clearinghouse. Department
offices and personnel throughout the State shall also assist
in the operation of the Statewide Housing Clearinghouse.
Cooperation with local, State and federal housing managers
shall be sought and extended in order to frequently and
promptly update the Clearinghouse's information.
(m) To assure that the names and case records of persons
who received or are receiving services from the Department,
including persons receiving vocational rehabilitation, home
services, or other services, and those attending one of the
Department's schools or other supervised facility shall be
confidential and not be open to the general public. Those
case records and reports or the information contained in
those records and reports shall be disclosed by the Director
only to proper law enforcement officials, individuals
authorized by a court, the General Assembly or any committee
or commission of the General Assembly, and other persons and
for reasons as the Director designates by rule. Disclosure
by the Director may be only in accordance with other
applicable law.
(Source: P.A. 90-365, eff. 8-10-97; 91-540, eff. 8-13-99.)
Section 45. The Illinois Income Tax Act is amended by
changing Sections 507, 507A, 507B, 507C, 507D, 507E, 507F,
507G, 507H, 507I, 507J, 507K, 507M, 507N, 507O, 507P, 507R,
507S, 507T, 509, and 510 as follows:
(35 ILCS 5/507) (from Ch. 120, par. 5-507)
Sec. 507. The Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Child Abuse Prevention
Fund created by Section 4a of "An Act creating the Department
of Children and Family Services, codifying its powers and
duties, and repealing certain Acts and Sections herein
named", approved June 4, 1963, as amended, he or she may do
so by stating the amount of such contribution (not less than
$1) on such return and that such contributions will reduce
the taxpayer's refund or increase the amount of payment to
accompany the return. Failure to remit any amount of
increased payment shall reduce the contribution accordingly.
This Section shall not apply to an amended return.
If, on October 1 of any year, the total contributions
made pursuant to this Section do not equal $100,000 or more,
the explanations and spaces for designating contributions
shall be removed from the individual income tax return forms
for the following and all subsequent years and all subsequent
contributions to such fund shall be refunded to the taxpayer.
This Section is repealed on July 1, 2002.
(Source: P.A. 86-678.)
(35 ILCS 5/507A) (from Ch. 120, par. 5-507A)
Sec. 507A. The Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Community Health Center
Care Fund created by this amendatory Act of 1989, he or she
may do so by stating the amount of such contribution (not
less than $1) on such return and that such contribution will
reduce the taxpayer's refund or increase the amount of
payment to accompany the return. Failure to remit any amount
of increased payment shall reduce the contribution
accordingly. This Section shall not apply to an amended
return.
This Section is repealed on July 1, 2002.
(Source: P.A. 86-996.)
(35 ILCS 5/507B) (from Ch. 120, par. 5-507B)
Sec. 507B. The Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Child Care Expansion
Program Fund created by this amendatory Act of 1989, he or
she may do so by stating the amount of such contribution (not
less than $1) on such return and that such contributions will
reduce the taxpayer's refund or increase the amount of
payment to accompany the return. Failure to remit any amount
of increased payment shall reduce the contribution
accordingly. This Section shall not apply to an amended
return.
This Section is repealed on July 1, 2002.
(Source: P.A. 86-995.)
(35 ILCS 5/507C) (from Ch. 120, par. 5-507C)
Sec. 507C. The Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Youth Drug Abuse
Prevention Fund as authorized by this amendatory Act of 1991,
he or she may do so by stating the amount of the contribution
(not less than $1) on the return and that the contribution
will reduce the taxpayer's refund or increase the amount of
payment to accompany the return. Failure to remit any amount
of increased payment shall reduce the contribution
accordingly. This Section shall not apply to an amended
return.
This Section is repealed on July 1, 2002.
(Source: P.A. 87-342.)
(35 ILCS 5/507D) (from Ch. 120, par. 5-507D)
Sec. 507D. The Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Ryan White AIDS Victims
Assistance Fund, he or she may do so by stating the amount of
such contribution (not less than $1) on such return and that
such contribution will reduce the taxpayer's refund or
increase the amount of payment to accompany the return.
Failure to remit any amount of increased payment shall reduce
the contribution accordingly. This Section shall not apply to
an amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 87-342.)
(35 ILCS 5/507E) (from Ch. 120, par. 5-507E)
Sec. 507E. The Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Assistive Technology for
Persons with Disabilities Fund created by this amendatory Act
of 1991, he or she may do so by stating the amount of that
contribution, which may not be less than $1, on the return
and that the contribution will reduce the taxpayer's refund
or increase the amount of payment required to accompany the
return. Failure to remit the appropriate increase in the
payment shall reduce the contribution accordingly. This
Section shall not apply to an amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 87-342.)
(35 ILCS 5/507F) (from Ch. 120, par. 5-507F)
Sec. 507F. The Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Domestic Violence
Shelter and Service Fund, he or she may do so by stating the
amount of the contribution (not less than $1) on the return
and that the contribution will reduce the taxpayer's refund
or increase the amount of payment to accompany the return.
Failure to remit any amount of increased payment shall reduce
the contribution accordingly. This Section shall not apply
to an amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 87-342.)
(35 ILCS 5/507G) (from Ch. 120, par. 5-507G)
Sec. 507G. The Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the United States Olympians
Assistance Fund created by this amendatory Act of 1991, he or
she may do so by stating the amount of such contribution (not
less than $1) on such return and that such contributions will
reduce the taxpayer's refund or increase the amount of
payment to accompany the return. Failure to remit any amount
of increased payment shall reduce the contribution
accordingly. This Section shall not apply to an amended
return.
This Section is repealed on July 1, 2002.
(Source: P.A. 87-342.)
(35 ILCS 5/507H) (from Ch. 120, par. 5-507H)
Sec. 507H. The Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Persian Gulf Conflict
Veterans Fund, he or she may do so by stating the amount of
the contribution (not less than $1) on the return and that
the contributions will reduce the taxpayer's refund or
increase the amount of payment to accompany the return.
Failure to remit any amount of increased payment shall reduce
the contribution accordingly. This Section shall not apply to
an amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 87-119; 87-895.)
(35 ILCS 5/507I) (from Ch. 120, par. 5-507I)
Sec. 507I. Literacy Advancement Checkoff. The
Department shall print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Literacy Advancement Fund created by this
amendatory Act of 1992, he or she may do so by stating the
amount of that contribution, which may not be less than $1,
on the return and that the contribution will reduce the
taxpayer's refund or increase the amount of payment required
to accompany the return. Failure to remit the appropriate
increase in the payment shall reduce the contribution
accordingly. This Section shall not apply to an amended
return.
This Section is repealed on July 1, 2002.
(Source: P.A. 87-992.)
(35 ILCS 5/507J)
Sec. 507J. Ryan White Pediatric and Adult AIDS Fund
checkoff. Beginning with taxable years ending on December 31,
1993, the Department shall print on its standard individual
income tax form a provision indicating that if the taxpayer
wishes to contribute to the Ryan White Pediatric and Adult
AIDS Fund, as authorized by this amendatory Act of 1993, he
or she may do so by stating the amount of the contribution
(not less than $1) on the return and that the contribution
will reduce the taxpayer's refund or increase the amount of
payment to accompany the return. Failure to remit any amount
of increased payment shall reduce the contribution
accordingly. This Section shall not apply to any amended
return.
This Section is repealed on July 1, 2002.
(Source: P.A. 88-459.)
(35 ILCS 5/507K)
Sec. 507K. Illinois Special Olympics Checkoff. Beginning
with taxable years ending on December 31, 1993, the
Department shall print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Illinois Special Olympics Checkoff Fund as
authorized by this amendatory Act of 1993, he or she may do
so by stating the amount of the contribution (not less than
$1) on the return and that the contribution will reduce the
taxpayer's refund or increase the amount of payment to
accompany the return. Failure to remit any amount of
increased payment shall reduce the contribution accordingly.
This Section shall not apply to an amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 88-459.)
(35 ILCS 5/507M)
Sec. 507M. Meals on Wheels Fund checkoff. If and only if
a tax checkoff under this Act administered by the Department
on Aging does not receive $100,000 by October 1, 1993, then
beginning with taxable years ending on December 31, 1993, the
Department shall print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Meals on Wheels Checkoff Fund as authorized
by this amendatory Act of 1993, he or she may do so by
stating the amount of the contribution (not less than $1) on
the return and that the contribution will reduce the
taxpayer's refund or increase the amount of payment to
accompany the return. Failure to remit any amount of
increased payment shall reduce the contribution accordingly.
This Section shall not apply to an amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 88-459.)
(35 ILCS 5/507N)
Sec. 507N. Korean War Memorial Fund checkoff. The
Department shall print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Korean War Memorial Fund, as authorized by
this amendatory Act of 1994, he or she may do so by stating
the amount of the contribution (not less than $1) on the
return and that the contribution will reduce the taxpayer's
refund or increase the amount of payment to accompany the
return. Failure to remit any amount of increased payment
shall reduce the contribution accordingly. This Section shall
not apply to any amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 88-666, eff. 9-16-94.)
(35 ILCS 5/507O)
Sec. 507O. Heart Disease Treatment and Prevention Fund
checkoff. The Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Heart Disease Treatment
and Prevention Fund, as authorized by this amendatory Act of
1994, he or she may do so by stating the amount of the
contribution (not less than $1) on the return and that the
contribution will reduce the taxpayer's refund or increase
the amount of payment to accompany the return. Failure to
remit any amount of increased payment shall reduce the
contribution accordingly. This Section shall not apply to any
amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 88-666, eff. 9-16-94.)
(35 ILCS 5/507P)
Sec. 507P. Hemophilia Treatment Fund checkoff. The
Department shall print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Hemophilia Treatment Fund, as authorized by
this amendatory Act of 1994, he or she may do so by stating
the amount of the contribution (not less than $1) on the
return and that the contribution will reduce the taxpayer's
refund or increase the amount of payment to accompany the
return. Failure to remit any amount of increased payment
shall reduce the contribution accordingly. This Section shall
not apply to any amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 88-666, eff. 9-16-94.)
(35 ILCS 5/507R)
Sec. 507R. Mental Health Research Fund checkoff. The
Department shall print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Mental Health Research Fund, as authorized
by this amendatory Act of 1997, he or she may do so by
stating the amount of the contribution (not less than $1) on
the return and that the contribution will reduce the
taxpayer's refund or increase the amount of payment to
accompany the return. Failure to remit any amount of
increased payment shall reduce the contribution accordingly.
This Section shall not apply to any amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 90-171, eff. 7-23-97.)
(35 ILCS 5/507S)
Sec. 507S. Children's Cancer Fund checkoff. The
Department shall print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Children's Cancer Fund, as authorized by
this amendatory Act of 1997, he or she may do so by stating
the amount of the contribution (not less than $1) on the
return and that the contribution will reduce the taxpayer's
refund or increase the amount of payment to accompany the
return. Failure to remit any amount of increased payment
shall reduce the contribution accordingly. This Section shall
not apply to any amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 90-171, eff. 7-23-97.)
(35 ILCS 5/507T)
Sec. 507T. The American Diabetes Association checkoff.
The Department shall print on its standard individual income
tax form a provision indicating that if the taxpayer wishes
to contribute to the American Diabetes Association Fund, as
authorized by this amendatory Act of 1997, he or she may do
so by stating the amount of the contribution (not less than
$1) on the return and that the contribution will reduce the
taxpayer's refund or increase the amount of payment to
accompany the return. Failure to remit any amount of
increased payment shall reduce the contribution accordingly.
This Section shall not apply to any amended return.
This Section is repealed on July 1, 2002.
(Source: P.A. 90-171, eff. 7-23-97.)
(35 ILCS 5/509) (from Ch. 120, par. 5-509)
Sec. 509. Tax checkoff explanations. All individual
income tax return forms shall contain appropriate
explanations and spaces to enable the taxpayers to designate
contributions to the Child Abuse Prevention Fund, to the
Community Health Center Care Fund, to the Illinois Wildlife
Preservation Fund as required by the Illinois Non-Game
Wildlife Protection Act, to the Alzheimer's Disease Research
Fund as required by the Alzheimer's Disease Research Act, to
the Assistance to the Homeless Fund as required by this Act,
to the Heritage Preservation Fund as required by the Heritage
Preservation Act, to the Child Care Expansion Program Fund as
required by the Child Care Expansion Program Act, to the Ryan
White AIDS Victims Assistance Fund, to the Assistive
Technology for Persons with Disabilities Fund, to the
Domestic Violence Shelter and Service Fund, to the United
States Olympians Assistance Fund, to the Youth Drug Abuse
Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
to the Literacy Advancement Fund, to the Ryan White Pediatric
and Adult AIDS Fund, to the Illinois Special Olympics
Checkoff Fund, to the Penny Severns Breast and Cervical
Cancer Research Fund, to the Korean War Memorial Fund, to the
Heart Disease Treatment and Prevention Fund, to the
Hemophilia Treatment Fund, to the Mental Health Research
Fund, to the Children's Cancer Fund, to the American Diabetes
Association Fund, to the National World War II Memorial Fund,
and to the Prostate Cancer Research Fund, and to the Meals on
Wheels Fund. Each form shall contain a statement that the
contributions will reduce the taxpayer's refund or increase
the amount of payment to accompany the return. Failure to
remit any amount of increased payment shall reduce the
contribution accordingly.
If, on October 1 of any year, the total contributions to
any one of the funds made under this Section do not equal
$100,000 or more, the explanations and spaces for designating
contributions to the fund shall be removed from the
individual income tax return forms for the following and all
subsequent years and all subsequent contributions to the fund
shall be refunded to the taxpayer.
(Source: P.A. 90-171, eff. 7-23-97; 91-104, eff. 7-13-99;
91-107, eff. 7-13-99; 91-357, eff. 7-29-99; 91-833, eff.
1-1-01; 91-836, eff. 1-1-01.)
(35 ILCS 5/510) (from Ch. 120, par. 5-510)
Sec. 510. Determination of amounts contributed. The
Department shall determine the total amount contributed to
each of the following: the Child Abuse Prevention Fund, the
Illinois Wildlife Preservation Fund, the Community Health
Center Care Fund, the Assistance to the Homeless Fund, the
Alzheimer's Disease Research Fund, the Heritage Preservation
Fund, the Child Care Expansion Program Fund, the Ryan White
AIDS Victims Assistance Fund, the Assistive Technology for
Persons with Disabilities Fund, the Domestic Violence Shelter
and Service Fund, the United States Olympians Assistance
Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf
Conflict Veterans Fund, the Literacy Advancement Fund, the
Ryan White Pediatric and Adult AIDS Fund, the Illinois
Special Olympics Checkoff Fund, the Penny Severns Breast and
Cervical Cancer Research Fund, the Korean War Memorial Fund,
the Heart Disease Treatment and Prevention Fund, the
Hemophilia Treatment Fund, the Mental Health Research Fund,
the Children's Cancer Fund, the American Diabetes
Association Fund, the National World War II Memorial Fund,
and the Prostate Cancer Research Fund, and the Meals on
Wheels Fund; and shall notify the State Comptroller and the
State Treasurer of the amounts to be transferred from the
General Revenue Fund to each fund, and upon receipt of such
notification the State Treasurer and Comptroller shall
transfer the amounts.
(Source: P.A. 90-171, eff. 7-23-97; 91-104, eff. 7-13-99;
91-107, eff. 7-13-99; 91-833, eff. 1-1-01; 91-836, eff.
1-1-01.)
Section 50. The Peace Officer Firearm Training Act is
amended by changing Section 3 as follows:
(50 ILCS 710/3) (from Ch. 85, par. 517)
Sec. 3. The Board is charged with enforcing this Act and
making inspections to insure compliance with its provisions,
and is empowered to promulgate rules necessary for its
administration and enforcement. All units of government or
other agencies which employ or utilize peace officers shall
cooperate with the Board by furnishing relevant information
which the Board may require. The Executive Director of the
Board shall report annually, no later than February 1, to the
Board, with copies to the Governor and the General Assembly,
The Board shall, in its annual report required by "The Civil
Administrative Code of Illinois", indicate the results of
these inspections and provide other related information and
recommendations as it deems proper.
(Source: P.A. 79-652.)
Section 55. The Tanning Facility Permit Act is amended
by changing Section 83 as follows:
(210 ILCS 145/83) (from Ch. 111 1/2, par. 8351-83)
Sec. 83. Tanning Facility Permit Fund. There is hereby
created in the State Treasury a special fund to be known as
the Tanning Facility Permit Fund. All fees and fines
collected by the Department under this Act and any agreement
for the implementation of this Act and rules under Section
40(b) and any federal funds collected pursuant to the
administration of this Act shall be deposited into the Fund.
The amount deposited collected as fees shall be appropriated
by the General Assembly to the Department for the purpose of
conducting activities relating to tanning facilities.
(Source: P.A. 87-636; 87-1056.)
Section 60. The Veterinary Medicine and Surgery Practice
Act of 1994 is amended by changing Sections 15 and 16 as
follows:
(225 ILCS 115/15) (from Ch. 111, par. 7015)
Sec. 15. Expiration and renewal of license. The
expiration date and renewal period for each license or
certificate shall be set by rule. A veterinarian or
veterinary technician whose license or certificate has
expired may reinstate his or her license or certificate at
any time within 5 years after the expiration thereof, by
making a renewal application and by paying the required fee
and submitting proof of the required continuing education.
However, any veterinarian or veterinary technician whose
license or certificate expired while he or she was (1) on
active duty with the Armed Forces of the United States or
called into service or training by the State militia or (2)
in training or education under the supervision of the United
States preliminary to induction into the military service,
may have his license or certificate renewed, reinstated, or
restored without paying any lapsed renewal fees if within 2
years after termination of the service, training, or
education the veterinarian furnishes the Department with
satisfactory evidence of service, training, or education and
it has been terminated under honorable conditions.
Any veterinarian or veterinary technician whose license
or certificate has expired for more than 5 years may have it
restored by making application to the Department and filing
acceptable proof of fitness to have the license or
certificate restored. The proof may include sworn evidence
certifying active practice in another jurisdiction. The
veterinarian or veterinary technician shall also pay the
required restoration fee and submit proof of the required
continuing education. If the veterinarian has not practiced
for 5 years or more, the Board shall determine by an
evaluation program established by rule, whether the
individual is fit to resume active status and may require the
veterinarian to complete a period of evaluated clinical
experience and may require successful completion of a
clinical examination.
(Source: P.A. 88-424.)
(225 ILCS 115/16) (from Ch. 111, par. 7016)
Sec. 16. Continuing education. Proof of having met the
minimum requirements of continuing education as determined by
the Board shall be required of all license and certificate
renewals and restorations. Pursuant to rule, the continuing
education requirements may upon petition be waived in whole
or in part if the veterinarian or veterinary technician can
demonstrate that he or she had served in the Coast Guard or
Armed Forces, had an extreme hardship or obtained such
license or certification by examination or endorsement within
the preceding renewal period.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by
registrants; by requiring the filing of continuing education
certificates with the Department; or by other means
established by the Department.
(Source: P.A. 87-546; 88-424.)
Section 65. The Illinois Public Aid Code is amended by
changing Sections 5-2.1, 10-20, 10-21, and 12-4.20a as
follows:
(305 ILCS 5/5-2.1) (from Ch. 23, par. 5-2.1)
Sec. 5-2.1. Property transfers.
(a) To the extent required under federal law, a person
shall not make or have made a voluntary or involuntary
assignment or transfer of any legal or equitable interests in
real property or in personal property, whether vested,
contingent or inchoate, for less than fair market value. A
person's interest in real or personal property includes all
income and assets to which the person is entitled or to which
the person would be entitled if the person had not taken
action to avoid receiving the interest.
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank). The Auditor General shall conduct a program
audit of the Illinois Department's enforcement of this
Section. The Auditor General's report of the audit shall be
filed with the Legislative Audit Commission, the Governor,
and the General Assembly. The need for any subsequent reaudit
shall be determined by the Legislative Audit Commission. Each
audit report shall include the Auditor General's findings and
recommendations concerning the need for changes in the law
concerning property transfers.
(Source: P.A. 88-554, eff. 7-26-94; 89-21, eff. 7-1-95.)
(305 ILCS 5/10-20) (from Ch. 23, par. 10-20)
Sec. 10-20. The Illinois Department may provide by rule
for the establishment of a child support enforcement amnesty
program for responsible relatives who owe support under this
Article, to the extent permitted by federal law and
regulation. The rule shall provide for the suspending of
specified enforcement actions, the duration of the suspension
period or periods, the action the responsible relative must
take to avoid future enforcement action, and the announcement
of the program.
This Section is repealed on July 1, 2002.
(Source: P.A. 85-114; 85-115.)
(305 ILCS 5/10-21) (from Ch. 23, par. 10-21)
Sec. 10-21. The Illinois Department may provide by rule
for the imposition of a one-time charge of 20% of the amount
of past-due child support owed on July 1, 1988, by
responsible relatives of persons receiving support services
under this Article X, which has accrued under a support order
entered by a court or administrative body of this or any
other State, on behalf of resident or non-resident persons.
The rule shall provide for notice to, and an opportunity to
be heard by, the responsible relative affected and any final
administrative decision rendered by the Department shall be
reviewed only under and in accordance with the Administrative
Review Law. No action to impose the charge shall be
commenced after June 30, 1993. Action under this Section
shall be subject to the limitations of Section 10-20 of this
Code.
This Section is repealed on July 1, 2002.
(Source: P.A. 85-114.)
(305 ILCS 5/12-4.20a) (from Ch. 23, par. 12-4.20a)
Sec. 12-4.20a. Appointment of Executive Task Force on
Nursing Homes. Appoint the Executive Task Force on Nursing
Homes, to be composed of members of the General Assembly and
representatives of State agencies, local governmental units,
nursing home facilities, nursing home residents and the
general public as deemed appropriate by the Director. The
Task Force shall conduct a study of the delivery of nursing
home care in this State and make to the Director such
recommendations as it deems necessary concerning rates
charged for nursing home care, reimbursements to nursing
homes from State funds (including, specifically, capitation
rates for payments to nursing homes under this Code), peer
review of delivery of services, and quality of care
assurance. No later than January 1, 1988, the Director shall
report the recommendations of the Task Force to the General
Assembly, together with any other information or
recommendations (including recommendations for legislation)
deemed appropriate by the Director.
This Section is repealed on July 1, 2002.
(Source: P.A. 85-539.)
Section 70. The Elder Abuse Demonstration Project Act is
amended by adding Section 10.1 as follows:
(320 ILCS 15/10.1 new)
Sec. 10.1. Repeal. This Act is repealed on July 1,
2002.
Section 75. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Section 9.1 as follows:
(320 ILCS 25/9.1) (from Ch. 67 1/2, par. 409.1)
Sec. 9.1. Report by Department of Revenue. The Department
of Revenue shall, on or before January 1, 1990, report to the
General Assembly on alternative methods, including
recommendations for legislation, for integrating the
provisions for pharmaceutical assistance under this Act with
the provisions concerning payment for prescription drugs
under the federal Medicare Catastrophic Coverage Act of 1988.
The recommendations shall be made in view of the goal of
enabling Illinois residents who are eligible for Medicare
benefits under Title XVIII of the Social Security Act to meet
the deductible and co-insurance requirements of the Medicare
Catastrophic Coverage Act of 1988.
This Section is repealed on July 1, 2002.
(Source: P.A. 86-243.)
Section 80. The AIDS Registry Act is amended by changing
Sections 3 and 4 as follows:
(410 ILCS 310/3) (from Ch. 111 1/2, par. 7353)
Sec. 3. For the purposes of this Act, unless the context
requires otherwise:
(a) "AIDS" means acquired immunodeficiency syndrome, as
defined by the Centers for Disease Control or the National
Institutes of Health.
(b) (Blank). "ARC" means AIDS-related complex, as
defined by the Centers for Disease Control or the National
Institutes of Health.
(c) "Department" means the Illinois Department of Public
Health.
(d) "Director" means the Director of Public Health.
(Source: P.A. 85-1248.)
(410 ILCS 310/4) (from Ch. 111 1/2, par. 7354)
Sec. 4. (a) The Department shall establish and maintain
an AIDS Registry consisting of a record of cases of AIDS and
ARC which occur in Illinois, and such information concerning
those cases as it deems necessary or appropriate in order to
conduct thorough and complete epidemiological surveys of AIDS
and ARC in Illinois, and to evaluate existing control and
prevention measures. Cases included in the Registry shall be
identified by a code rather than by name. To the extent
feasible, the Registry shall be compatible with other
national models so as to facilitate the coordination of
information with other data bases.
(b) To facilitate the collection of information relating
to cases of AIDS and ARC, the Department shall have the
authority to require hospitals, laboratories and other
facilities which diagnose such conditions to report cases of
AIDS and ARC to the Department, and to require the submission
of such other information pertaining to or in connection with
such reported cases as the Department deems necessary or
appropriate for the purposes of this Act. The Department may
promulgate rules or regulations specifying the types of
information required, requirements for follow up of patients,
frequency of reporting, methods of submitting such
information and any other details deemed by the Department to
be necessary or appropriate for the administration of this
Act. Nothing in this Act shall be construed to compel any
individual to submit to a medical examination or supervision.
(c) The Director shall by rule establish standards for
ensuring the protection of information made confidential or
privileged under law.
(Source: P.A. 85-929.)
Section 999. Effective date. This Act takes effect on
July 1, 2002.
Passed in the General Assembly April 26, 2001.
Approved July 12, 2001.
Effective July 01, 2002.
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