093_HB3870

                                     LRB093 13539 MKM 18882 b

 1        AN ACT concerning reports to the General Assembly.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Administrative Procedure Act  is
 5    amended by changing Section 5-140 as follows:

 6        (5 ILCS 100/5-140) (from Ch. 127, par. 1005-140)
 7        Sec.  5-140.   Reports to the General Assembly. The Joint
 8    Committee  shall  report  its  findings,   conclusions,   and
 9    recommendations,  including  suggested  legislation,  to  the
10    General Assembly by February 1 of each year.
11        The  requirement  for  reporting  to the General Assembly
12    shall be satisfied by filing copies of the  report  with  the
13    Speaker,  the  Minority Leader, and the Clerk of the House of
14    Representatives, the President, the Minority Leader, and  the
15    Secretary  of  the Senate, and the Legislative Research Unit,
16    as  required  by  Section  3.1  of   the   General   Assembly
17    Organization Act, and filing additional copies with the State
18    Government   Report   Distribution  Center  for  the  General
19    Assembly as required under paragraph (t) of Section 7 of  the
20    State Library Act.
21    (Source: P.A. 87-823.)

22        Section  10.  The  Election  Code  is amended by changing
23    Section 1A-8 as follows:

24        (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
25        Sec. 1A-8.  The State Board of Elections  shall  exercise
26    the  following  powers  and  perform  the following duties in
27    addition to any powers or duties otherwise  provided  for  by
28    law:
29             (1)  Assume  all  duties and responsibilities of the
 
                            -2-      LRB093 13539 MKM 18882 b
 1        State Electoral Board  and  the  Secretary  of  State  as
 2        heretofore provided in this Act;
 3             (2)  Disseminate  information  to  and  consult with
 4        election authorities concerning the conduct of  elections
 5        and  registration  in  accordance  with  the laws of this
 6        State and the laws of the United States;
 7             (3)  Furnish to each  election  authority  prior  to
 8        each  primary and general election and any other election
 9        it deems necessary,  a  manual  of  uniform  instructions
10        consistent with the provisions of this Act which shall be
11        used  by  election  authorities in the preparation of the
12        official manual of instruction to be used by  the  judges
13        of  election  in  any  such  election.  In preparing such
14        manual,   the   State   Board    shall    consult    with
15        representatives  of  the  election authorities throughout
16        the State. The State Board may provide separate  portions
17        of  the  uniform  instructions  applicable  to  different
18        election  jurisdictions  which administer elections under
19        different options provided by law. The State Board may by
20        regulation require particular  portions  of  the  uniform
21        instructions  to  be  included  in any official manual of
22        instructions  published  by  election  authorities.   Any
23        manual   of   instructions   published  by  any  election
24        authority shall be identical with the manual  of  uniform
25        instructions  issued  by the Board, but may be adapted by
26        the election authority to accommodate special or  unusual
27        local   election  problems,  provided  that  all  manuals
28        published by election authorities must be consistent with
29        the provisions of this  Act  in  all  respects  and  must
30        receive  the  approval  of  the  State Board of Elections
31        prior to publication; provided further that if the  State
32        Board does not approve or disapprove of a proposed manual
33        within  60  days  of  its submission, the manual shall be
34        deemed approved.
 
                            -3-      LRB093 13539 MKM 18882 b
 1             (4)  Prescribe and require the use of  such  uniform
 2        forms,  notices, and other supplies not inconsistent with
 3        the provisions of this Act as  it  shall  deem  advisable
 4        which  shall  be  used  by  election  authorities  in the
 5        conduct of elections and registrations;
 6             (5)  Prepare and certify the form of ballot for  any
 7        proposed  amendment  to  the Constitution of the State of
 8        Illinois, or  any  referendum  to  be  submitted  to  the
 9        electors  throughout the State or, when required to do so
10        by law, to the voters  of  any  area  or  unit  of  local
11        government of the State;
12             (6)  Require  such statistical reports regarding the
13        conduct  of  elections  and  registration  from  election
14        authorities as may be deemed necessary;
15             (7)  Review  and  inspect  procedures  and   records
16        relating  to conduct of elections and registration as may
17        be deemed necessary, and to report violations of election
18        laws to the appropriate State's Attorney;
19             (8)  Recommend to the General  Assembly  legislation
20        to   improve   the   administration   of   elections  and
21        registration;
22             (9)  Adopt, amend or rescind rules  and  regulations
23        in  the  performance of its duties provided that all such
24        rules  and  regulations  must  be  consistent  with   the
25        provisions  of  this  Article  1A  or  issued pursuant to
26        authority otherwise provided by law;
27             (10)  Determine  the  validity  and  sufficiency  of
28        petitions filed under Article  XIV,  Section  3,  of  the
29        Constitution of the State of Illinois of 1970;
30             (11)  Maintain  in  its  principal office a research
31        library that includes, but is not limited  to,  abstracts
32        of  votes  by  precinct for general primary elections and
33        general elections,  current  precinct  maps  and  current
34        precinct  poll  lists  from  all  election  jurisdictions
 
                            -4-      LRB093 13539 MKM 18882 b
 1        within  the State.  The research library shall be open to
 2        the  public  during   regular   business   hours.    Such
 3        abstracts, maps and lists shall be preserved as permanent
 4        records  and  shall  be  available  for  examination  and
 5        copying at a reasonable cost;
 6             (12)  Supervise    the    administration    of   the
 7        registration and election laws throughout the State;
 8             (13)  Obtain  from   the   Department   of   Central
 9        Management   Services,   under  Section  405-250  of  the
10        Department of Central Management Services  Law  (20  ILCS
11        405/405-250),  such  use  of  electronic  data processing
12        equipment as may be required to perform the duties of the
13        State Board of Elections and to provide  election-related
14        information  to  candidates,  public and party officials,
15        interested civic organizations and the general public  in
16        a timely and efficient manner; and
17             (14)  To  take  such  action  as may be necessary or
18        required to  give  effect  to  directions  of  the  State
19        central committee of an established political party under
20        Sections 7-8, 7-11 and 7-14.1 or such other provisions as
21        may   be   applicable  pertaining  to  the  selection  of
22        delegates  and  alternate  delegates  to  an  established
23        political party's national nominating conventions.
24        The Board may by regulation delegate any of its duties or
25    functions   under   this   Article,   except    that    final
26    determinations  and orders under this Article shall be issued
27    only by the Board.
28        The requirement for reporting  to  the  General  Assembly
29    shall  be  satisfied  by filing copies of the report with the
30    Speaker, the Minority Leader and the Clerk of  the  House  of
31    Representatives  and  the  President, the Minority Leader and
32    the Secretary of the  Senate  and  the  Legislative  Research
33    Unit,  as  required  by  Section  3.1 of the General Assembly
34    Organization Act "An Act to revise the law in relation to the
 
                            -5-      LRB093 13539 MKM 18882 b
 1    General Assembly", approved February 25,  1874,  as  amended,
 2    and  filing  such additional copies with the State Government
 3    Report Distribution Center for the  General  Assembly  as  is
 4    required  under  paragraph  (t)  of  Section  7  of the State
 5    Library Act.
 6    (Source: P.A. 91-239, eff. 1-1-00.)

 7        Section 15.  The Executive Reorganization  Implementation
 8    Act is amended by changing Section 11 as follows:

 9        (15 ILCS 15/11) (from Ch. 127, par. 1811)
10        Sec.  11.  Every agency created or assigned new functions
11    pursuant to a reorganization  shall  report  to  the  General
12    Assembly  not  later  than  6 months after the reorganization
13    takes effect and annually  thereafter  for  3  years.    This
14    report  shall  include  data on the economies effected by the
15    reorganization  and  an  analysis  of  the  effect   of   the
16    reorganization  on  State  government.  The report shall also
17    include the agency's recommendations for further  legislation
18    relating to reorganization.
19        The  requirement  for  reporting  to the General Assembly
20    shall be satisfied by filing copies of the  report  with  the
21    Speaker,  the  Minority  Leader and the Clerk of the House of
22    Representatives and the President, the  Minority  Leader  and
23    the  Secretary  of  the  Senate  and the Legislative Research
24    Unit, as required by Section  3.1  of  the  General  Assembly
25    Organization Act "An Act to revise the law in relation to the
26    General  Assembly",  approved  February 25, 1874, as amended,
27    and filing such additional copies with the  State  Government
28    Report  Distribution  Center  for  the General Assembly as is
29    required under paragraph  (t)  of  Section  7  of  the  State
30    Library Act.
31    (Source: P.A. 84-1438.)
 
                            -6-      LRB093 13539 MKM 18882 b
 1        Section 20.  The State Library Act is amended by changing
 2    Section 7 as follows:

 3        (15 ILCS 320/7) (from Ch. 128, par. 107)
 4        Sec.  7.   Purposes  of  the State Library.  The Illinois
 5    State Library shall:
 6        (a)  Maintain a library for officials  and  employees  of
 7    the State, consisting of informational material and resources
 8    pertaining  to  the  phases  of  their work, and serve as the
 9    State's library by extending its  resources  to  citizens  of
10    Illinois.
11        (b)  Maintain  and  provide research library services for
12    all State agencies.
13        (c)  Administer the Illinois Library System Act.
14        (d)  Promote  and  administer   the   law   relating   to
15    Interstate Library Compacts.
16        (e)  Enter  into  interagency agreements, pursuant to the
17    Intergovernmental Cooperation Act,  including  agreements  to
18    promote  access  to  information by Illinois students and the
19    general public.
20        (f)  Promote and develop a  cooperative  library  network
21    operating  regionally  or  statewide  for providing effective
22    coordination of the library resources  of  public,  academic,
23    school, and special libraries.
24        (g)  Administer  grants of federal library funds pursuant
25    to federal law and requirements.
26        (h)  Assist  libraries  in  their   plans   for   library
27    services,  including funding the State-funded library systems
28    for the purpose of local library development and networking.
29        (i)  Assist local library groups in  developing  programs
30    by  which library services can be established and enhanced in
31    areas without those services.
32        (j)  Be a clearing house, in an  advisory  capacity,  for
33    questions  and  problems pertaining to the administration and
 
                            -7-      LRB093 13539 MKM 18882 b
 1    functioning of libraries in Illinois and to publish  booklets
 2    and pamphlets to implement this service.
 3        (k)  Seek  the  opinion of the Attorney General for legal
 4    questions pertaining to public libraries and  their  function
 5    as governmental agencies.
 6        (l)  Contract with any other library or library agency to
 7    carry  out  the  purposes  of the State Library.  If any such
 8    contract requires payments by user libraries  for  goods  and
 9    services,  the  State  Library  may  distribute billings from
10    contractors to applicable user libraries and may receive  and
11    distribute  payments  from  user  libraries  to  contractors.
12    There  is  hereby  created  in the State Treasury the Library
13    Trust Fund, into which  all  moneys  payable  to  contractors
14    which  are  received from user libraries under this paragraph
15    (l) shall be paid.  The Treasurer shall  pay  such  funds  to
16    contractors at the direction of the State Librarian.
17        (m)  Compile,   preserve   and   publish  public  library
18    statistical information.
19        (n)  Compile the annual report of local public  libraries
20    and library systems submitted to the State Librarian pursuant
21    to law.
22        (o)  Conduct  and  arrange  for library training programs
23    for library personnel, library directors and others  involved
24    in library services.
25        (p)  Prepare an annual report for each fiscal year.
26        (q)  Make  available to the public, by means of access by
27    way  of  the  largest  nonproprietary  nonprofit  cooperative
28    public computer network, certain records of State agencies.
29        As used in this subdivision (q), "State  agencies"  means
30    all officers, boards, commissions and agencies created by the
31    Constitution; all officers, departments, boards, commissions,
32    agencies, institutions, authorities, universities, and bodies
33    politic  and  corporate of the State; administrative units or
34    corporate  outgrowths  of  the  State  government  which  are
 
                            -8-      LRB093 13539 MKM 18882 b
 1    created by or pursuant to statute, other than units of  local
 2    government and their officers, school districts and boards of
 3    election  commissioners;  and  all  administrative  units and
 4    corporate outgrowths of the above and as may  be  created  by
 5    executive  order  of  the Governor; however, "State agencies"
 6    does not include any agency, officer, or other entity of  the
 7    judicial or legislative branch.
 8        As  used  in this subdivision (q), "records" means public
 9    records, as defined in the Freedom of Information  Act,  that
10    are not exempt from inspection and copying under that Act.
11        The  State  Librarian  and  each appropriate State agency
12    shall specify the types and categories of records that  shall
13    be  accessible  through  the  public computer network and the
14    types and categories of records that shall  be  inaccessible.
15    Records  currently  held by a State agency and documents that
16    are required to be provided to the Illinois State Library  in
17    accordance  with Section 21 shall be provided to the Illinois
18    State Library in an appropriate electronic format.  The  cost
19    to each State agency of making records accessible through the
20    public  computer  network  or  of  providing  records  in  an
21    appropriate  electronic  format shall be considered in making
22    determinations regarding accessibility.
23        As soon as possible and no later than 18 months after the
24    effective date of this amendatory Act of 1995, the types  and
25    categories  of  information, specified by the State Librarian
26    and each appropriate State agency, shall be made available to
27    the  public  by  means  of  access  by  way  of  the  largest
28    nonproprietary,   nonprofit   cooperative   public   computer
29    network.  The information shall be made available in  one  or
30    more formats and by one or more means in order to provide the
31    greatest feasible access to the general public in this State.
32    Any person who accesses the information may access all or any
33    part  of  the  information.  The information may also be made
34    available by any other means of access that would  facilitate
 
                            -9-      LRB093 13539 MKM 18882 b
 1    public  access  to the information.  The information shall be
 2    made available in the shortest  feasible  time  after  it  is
 3    publicly available.
 4        Any  documentation  that describes the electronic digital
 5    formats of the information shall be made available  by  means
 6    of access by way of the same public computer network.
 7        Personal information concerning a person who accesses the
 8    information  may  be  maintained  only  for  the  purpose  of
 9    providing service to the person.
10        The  electronic  public  access  provided  by  way of the
11    public  computer  network  shall  be  in  addition  to  other
12    electronic or print distribution of the information.
13        No action taken  under  this  subdivision  (q)  shall  be
14    deemed   to  alter  or  relinquish  any  copyright  or  other
15    proprietary interest or entitlement of the State of  Illinois
16    relating  to any of the information made available under this
17    subdivision (q).
18        (r)  Coordinate literacy programs for  the  Secretary  of
19    State.
20        (s)  Provide   coordination   of  statewide  preservation
21    planning, act as a focal  point  for  preservation  advocacy,
22    assess  statewide  needs  and  establish specific programs to
23    meet those needs, and manage  state  funds  appropriated  for
24    preservation work relating to the preservation of the library
25    and archival resources of Illinois.
26        (t)  (Blank).  Create  and  maintain  a  State Government
27    Report Distribution Center for  the  General  Assembly.   The
28    Center  shall  receive  all  reports in all formats available
29    required by law or resolution to be filed  with  the  General
30    Assembly and shall furnish copies of such reports on the same
31    day  on which the report is filed with the Clerk of the House
32    of Representatives  and  the  Secretary  of  the  Senate,  as
33    required  by  the  General Assembly Organization Act, without
34    charge to members of the General Assembly upon request.  This
 
                            -10-     LRB093 13539 MKM 18882 b
 1    paragraph does not affect the requirements of Section  21  of
 2    this  Act  relating to the deposit of State publications with
 3    the State library.
 4    (Source: P.A. 91-507,  eff.  8-13-99;  92-16,  eff.  6-28-01;
 5    92-617, eff. 1-1-03.)

 6        Section  25.  The Illinois Act on the Aging is amended by
 7    changing Sections 4.02 and 7.09 as follows:

 8        (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
 9        Sec. 4.02.  The Department shall establish a  program  of
10    services   to  prevent  unnecessary  institutionalization  of
11    persons age 60 and older in need of long term care or who are
12    established as persons who suffer from Alzheimer's disease or
13    a related disorder under the Alzheimer's  Disease  Assistance
14    Act, thereby enabling them to remain in their own homes or in
15    other  living  arrangements.  Such preventive services, which
16    may be coordinated with  other  programs  for  the  aged  and
17    monitored  by  area agencies on aging in cooperation with the
18    Department, may include, but are not limited to, any  or  all
19    of the following:
20             (a)  home health services;
21             (b)  home nursing services;
22             (c)  homemaker services;
23             (d)  chore and housekeeping services;
24             (e)  day care services;
25             (f)  home-delivered meals;
26             (g)  education in self-care;
27             (h)  personal care services;
28             (i)  adult day health services;
29             (j)  habilitation services;
30             (k)  respite care;
31             (l)  other   nonmedical  social  services  that  may
32        enable the person to become self-supporting; or
 
                            -11-     LRB093 13539 MKM 18882 b
 1             (m)  clearinghouse  for  information   provided   by
 2        senior  citizen  home owners who want to rent rooms to or
 3        share living space with other senior citizens.
 4        The Department shall establish eligibility standards  for
 5    such  services  taking into consideration the unique economic
 6    and social needs of the target population for whom  they  are
 7    to be provided.  Such eligibility standards shall be based on
 8    the  recipient's  ability  to  pay  for  services;  provided,
 9    however,  that  in  determining  the  amount  and  nature  of
10    services  for which a person may qualify, consideration shall
11    not be given to the value of cash, property or  other  assets
12    held in the name of the person's spouse pursuant to a written
13    agreement  dividing  marital property into equal but separate
14    shares or pursuant to a transfer of the person's interest  in
15    a home to his spouse, provided that the spouse's share of the
16    marital  property is not made available to the person seeking
17    such services.
18        Beginning July 1, 2002, the Department shall require as a
19    condition  of  eligibility  that  all  financially   eligible
20    applicants  and recipients apply for medical assistance under
21    Article V of the Illinois Public Aid Code in accordance  with
22    rules promulgated by the Department.
23        The  Department shall, in conjunction with the Department
24    of Public Aid, seek  appropriate  amendments  under  Sections
25    1915 and 1924 of the Social Security Act.  The purpose of the
26    amendments  shall  be  to  extend  eligibility  for  home and
27    community based services under Sections 1915 and 1924 of  the
28    Social  Security  Act  to  persons who transfer to or for the
29    benefit of a spouse those amounts  of  income  and  resources
30    allowed  under  Section  1924  of  the  Social  Security Act.
31    Subject to the approval of such  amendments,  the  Department
32    shall  extend  the  provisions of Section 5-4 of the Illinois
33    Public Aid Code to persons who, but for the provision of home
34    or community-based services, would require the level of  care
 
                            -12-     LRB093 13539 MKM 18882 b
 1    provided  in  an  institution,  as is provided for in federal
 2    law.  Those persons  no  longer  found  to  be  eligible  for
 3    receiving  noninstitutional  services  due  to changes in the
 4    eligibility criteria shall be given 60 days notice  prior  to
 5    actual   termination.   Those  persons  receiving  notice  of
 6    termination  may  contact  the  Department  and  request  the
 7    determination be appealed at  any  time  during  the  60  day
 8    notice  period.   With the exception of the lengthened notice
 9    and time frame for the appeal  request,  the  appeal  process
10    shall  follow the normal procedure.  In addition, each person
11    affected regardless of  the  circumstances  for  discontinued
12    eligibility  shall  be  given  notice  and the opportunity to
13    purchase the necessary services through  the  Community  Care
14    Program.   If  the  individual  does  not  elect  to purchase
15    services, the  Department  shall  advise  the  individual  of
16    alternative  services.   The target population identified for
17    the purposes of this Section are persons  age  60  and  older
18    with  an identified service need.  Priority shall be given to
19    those who are at imminent risk of institutionalization.   The
20    services  shall  be  provided  to eligible persons age 60 and
21    older to the extent that the cost of  the  services  together
22    with  the  other personal maintenance expenses of the persons
23    are reasonably related to the standards established for  care
24    in  a  group  facility appropriate to the person's condition.
25    These   non-institutional   services,   pilot   projects   or
26    experimental facilities may be provided  as  part  of  or  in
27    addition  to  those authorized by federal law or those funded
28    and administered by the Department of  Human  Services.   The
29    Departments  of  Human  Services,  Public Aid, Public Health,
30    Veterans' Affairs, and Commerce  and  Community  Affairs  and
31    other  appropriate  agencies  of  State,  federal  and  local
32    governments  shall  cooperate with the Department on Aging in
33    the establishment and development  of  the  non-institutional
34    services.   The Department shall require an annual audit from
 
                            -13-     LRB093 13539 MKM 18882 b
 1    all chore/housekeeping and homemaker vendors contracting with
 2    the Department under this Section.  The  annual  audit  shall
 3    assure   that   each   audited  vendor's  procedures  are  in
 4    compliance with Department's financial  reporting  guidelines
 5    requiring  a 27% administrative cost split and a 73% employee
 6    wages and benefits cost split.  The audit is a public  record
 7    under  the  Freedom of Information Act.  The Department shall
 8    execute, relative to the nursing home  prescreening  project,
 9    written  inter-agency agreements with the Department of Human
10    Services and the Department of  Public  Aid,  to  effect  the
11    following:   (1)  intake  procedures  and  common eligibility
12    criteria   for    those    persons    who    are    receiving
13    non-institutional  services;  and  (2)  the establishment and
14    development of non-institutional services  in  areas  of  the
15    State   where   they  are  not  currently  available  or  are
16    undeveloped.  On and after July 1,  1996,  all  nursing  home
17    prescreenings  for individuals 60 years of age or older shall
18    be conducted by the Department.
19        The Department is authorized to  establish  a  system  of
20    recipient copayment for services provided under this Section,
21    such  copayment  to  be based upon the recipient's ability to
22    pay but in no case to exceed the actual cost of the  services
23    provided.  Additionally,  any  portion  of  a person's income
24    which is equal to or less than the federal  poverty  standard
25    shall  not be considered by the Department in determining the
26    copayment.  The level of such  copayment  shall  be  adjusted
27    whenever  necessary  to  reflect any change in the officially
28    designated federal poverty standard.
29        The   Department,   or   the   Department's    authorized
30    representative,  shall  recover the amount of moneys expended
31    for services provided to or in behalf of a person under  this
32    Section by a claim against the person's estate or against the
33    estate  of the person's surviving spouse, but no recovery may
34    be had until after the death of the surviving spouse, if any,
 
                            -14-     LRB093 13539 MKM 18882 b
 1    and then only at such time when there is no  surviving  child
 2    who  is  under  age  21,  blind,  or  permanently and totally
 3    disabled.  This paragraph, however, shall not  bar  recovery,
 4    at  the  death of the person, of moneys for services provided
 5    to the person or in behalf of the person under  this  Section
 6    to  which  the  person  was  not entitled; provided that such
 7    recovery shall not be enforced against any real estate  while
 8    it  is  occupied  as  a  homestead by the surviving spouse or
 9    other dependent, if no claims by other  creditors  have  been
10    filed against the estate, or, if such claims have been filed,
11    they  remain dormant for failure of prosecution or failure of
12    the claimant to compel administration of the estate  for  the
13    purpose  of  payment.   This paragraph shall not bar recovery
14    from the estate of a spouse, under Sections 1915 and 1924  of
15    the  Social  Security  Act  and  Section  5-4 of the Illinois
16    Public Aid Code, who precedes  a  person  receiving  services
17    under this Section in death.  All moneys for services paid to
18    or  in  behalf  of  the  person  under  this Section shall be
19    claimed for  recovery  from  the  deceased  spouse's  estate.
20    "Homestead",  as  used  in this paragraph, means the dwelling
21    house and contiguous real  estate  occupied  by  a  surviving
22    spouse  or  relative, as defined by the rules and regulations
23    of the Illinois Department of Public Aid, regardless  of  the
24    value of the property.
25        The   Department  shall  develop  procedures  to  enhance
26    availability of services on evenings,  weekends,  and  on  an
27    emergency  basis  to  meet  the  respite needs of caregivers.
28    Procedures shall be developed to permit  the  utilization  of
29    services  in  successive blocks of 24 hours up to the monthly
30    maximum established by the  Department.    Workers  providing
31    these services shall be appropriately trained.
32        Beginning on the effective date of this Amendatory Act of
33    1991,  no person may perform chore/housekeeping and homemaker
34    services under a program authorized by  this  Section  unless
 
                            -15-     LRB093 13539 MKM 18882 b
 1    that  person  has been issued a certificate of pre-service to
 2    do so by his or her employing agency.   Information  gathered
 3    to  effect  such certification shall include (i) the person's
 4    name, (ii) the date the  person  was  hired  by  his  or  her
 5    current employer, and (iii) the training, including dates and
 6    levels.   Persons  engaged  in the program authorized by this
 7    Section before the effective date of this amendatory  Act  of
 8    1991 shall be issued a certificate of all pre- and in-service
 9    training  from  his  or  her  employer  upon  submitting  the
10    necessary   information.    The  employing  agency  shall  be
11    required to retain records of all staff pre-  and  in-service
12    training,  and  shall  provide such records to the Department
13    upon request and upon termination of the employer's  contract
14    with  the  Department.   In addition, the employing agency is
15    responsible for the issuance of certifications of  in-service
16    training completed to their employees.
17        The  Department is required to develop a system to ensure
18    that persons working as  homemakers  and  chore  housekeepers
19    receive  increases  in  their  wages when the federal minimum
20    wage is increased by requiring vendors to certify  that  they
21    are  meeting  the federal minimum wage statute for homemakers
22    and chore housekeepers.  An employer that cannot ensure  that
23    the  minimum  wage  increase is being given to homemakers and
24    chore  housekeepers  shall  be   denied   any   increase   in
25    reimbursement costs.
26        The  Department  on  Aging  and  the  Department of Human
27    Services shall cooperate in the development and submission of
28    an annual report on programs and services provided under this
29    Section.  Such joint report shall be filed with the  Governor
30    and the General Assembly on or before September 30 each year.
31        The  requirement  for  reporting  to the General Assembly
32    shall be satisfied by filing copies of the  report  with  the
33    Speaker,  the  Minority  Leader and the Clerk of the House of
34    Representatives and the President, the  Minority  Leader  and
 
                            -16-     LRB093 13539 MKM 18882 b
 1    the  Secretary  of  the  Senate  and the Legislative Research
 2    Unit, as required by Section  3.1  of  the  General  Assembly
 3    Organization  Act  and filing such additional copies with the
 4    State Government Report Distribution Center for  the  General
 5    Assembly  as  is required under paragraph (t) of Section 7 of
 6    the State Library Act.
 7        Those persons previously  found  eligible  for  receiving
 8    non-institutional  services  whose services were discontinued
 9    under the Emergency Budget Act of Fiscal Year 1992,  and  who
10    do  not  meet the eligibility standards in effect on or after
11    July 1, 1992, shall remain ineligible on and  after  July  1,
12    1992.   Those  persons  previously not required to cost-share
13    and who were required to cost-share effective March 1,  1992,
14    shall  continue  to meet cost-share requirements on and after
15    July 1, 1992.  Beginning July 1, 1992, all  clients  will  be
16    required   to   meet   eligibility,   cost-share,  and  other
17    requirements and will have services discontinued  or  altered
18    when they fail to meet these requirements.
19    (Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04.)

20        (20 ILCS 105/7.09) (from Ch. 23, par. 6107.09)
21        Sec.  7.09.   The Council shall have the following powers
22    and duties:
23        (1)  review and comment upon reports of the Department to
24    the Governor and the General Assembly;
25        (2)  prepare and submit  to  the  Governor,  the  General
26    Assembly  and  the  Director  an annual report evaluating the
27    level and quality of all programs,  services  and  facilities
28    provided to the aging by State agencies;
29        (3)  review and comment upon the comprehensive state plan
30    prepared by the Department;
31        (4)  review   and   comment  upon  disbursements  by  the
32    Department of public funds to private agencies;
33        (5)  recommend candidates to the Governor for appointment
 
                            -17-     LRB093 13539 MKM 18882 b
 1    as Director of the Department;
 2        (6)  consult with the Director regarding  the  operations
 3    of the Department.
 4        The  requirement  for  reporting  to the General Assembly
 5    shall be satisfied by filing copies of the  report  with  the
 6    Speaker,  the  Minority  Leader and the Clerk of the House of
 7    Representatives and the President, the  Minority  Leader  and
 8    the  Secretary  of  the  Senate  and the Legislative Research
 9    Unit, as required by Section  3.1  of  the  General  Assembly
10    Organization Act "An Act to revise the law in relation to the
11    General  Assembly",  approved  February 25, 1874, as amended,
12    and filing such additional copies with the  State  Government
13    Report  Distribution  Center  for  the General Assembly as is
14    required under paragraph  (t)  of  Section  7  of  the  State
15    Library Act.
16    (Source: P.A. 84-1438.)

17        Section   30.  The   Department   of  Central  Management
18    Services Law  is  amended  by  changing  Section  405-300  as
19    follows:

20        (20 ILCS 405/405-300) (was 20 ILCS 405/67.02)
21        Sec.  405-300.  Lease or purchase of facilities; training
22    programs.
23        (a)  To lease  or  purchase  office  and  storage  space,
24    buildings, land, and other facilities for all State agencies,
25    authorities,  boards, commissions, departments, institutions,
26    and bodies politic and  all  other  administrative  units  or
27    outgrowths of the executive branch of State government except
28    the Constitutional officers, the State Board of Education and
29    the  State  colleges  and  universities  and  their governing
30    bodies. However, before leasing or purchasing any  office  or
31    storage  space,  buildings,  land  or other facilities in any
32    municipality  the  Department  shall  survey   the   existing
 
                            -18-     LRB093 13539 MKM 18882 b
 1    State-owned and State-leased property to make a determination
 2    of need.
 3        The  leases  shall  be  for a term not to exceed 5 years,
 4    except that the leases may contain a renewal  clause  subject
 5    to  acceptance  by  the State after that date or an option to
 6    purchase.  The purchases shall be made through contracts that
 7    (i) may provide for the title to  the  property  to  transfer
 8    immediately  to  the  State  or  a trustee or nominee for the
 9    benefit  of  the   State,   (ii)   shall  provide   for   the
10    consideration to be paid in installments to be made at stated
11    intervals  during  a certain term not to exceed 30 years from
12    the date of the contract,  and  (iii)  may  provide  for  the
13    payment of interest on the unpaid balance at a rate that does
14    not exceed a rate determined by adding 3 percentage points to
15    the  annual  yield  on  United States Treasury obligations of
16    comparable maturity as most recently published  in  the  Wall
17    Street  Journal  at  the  time  such  contract is signed. The
18    leases and purchase contracts shall be and shall recite  that
19    they  are subject to termination and cancellation in any year
20    for which the General Assembly fails to make an appropriation
21    to pay the rent or purchase installments  payable  under  the
22    terms  of  the  lease or purchase contract. Additionally, the
23    purchase contract shall specify that title to the office  and
24    storage  space,  buildings,  land, and other facilities being
25    acquired under the contract shall revert to  the   Seller  in
26    the   event  of  the  failure  of  the  General  Assembly  to
27    appropriate suitable funds.   However, this limitation on the
28    term of the leases does not apply to leases to and  with  the
29    Illinois  Building Authority, as provided for in the Building
30    Authority Act. Leases to  and  with  that  Authority  may  be
31    entered  into  for a term not to exceed 30 years and shall be
32    and shall recite that they are  subject  to  termination  and
33    cancellation in any year for which the General Assembly fails
34    to  make  an  appropriation to pay the rent payable under the
 
                            -19-     LRB093 13539 MKM 18882 b
 1    terms of the lease.  These limitations do not  apply  if  the
 2    lease  or purchase contract contains a provision limiting the
 3    liability for the payment  of  the  rentals  or  installments
 4    thereof solely to funds received from the Federal government.
 5        (b)  To  lease from an airport authority office, aircraft
 6    hangar, and  service  buildings  constructed  upon  a  public
 7    airport  under  the  Airport Authorities Act  for the use and
 8    occupancy of the  State  Department  of  Transportation.  The
 9    lease may be entered into for a term not to exceed 30 years.
10        (c)  To  establish  training  programs for teaching State
11    leasing procedures and practices  to  new  employees  of  the
12    Department  and  to  keep  all  employees  of  the Department
13    informed about current leasing practices and developments  in
14    the real estate industry.
15        (d)  To  enter  into  an agreement with a municipality or
16    county to construct, remodel, or convert a structure for  the
17    purposes  of  its  serving  as  a correctional institution or
18    facility pursuant to paragraph (c) of Section  3-2-2  of  the
19    Unified Code of Corrections.
20        (e)  To   enter   into   an   agreement  with  a  private
21    individual,  trust,  partnership,   or   corporation   or   a
22    municipality   or   other  unit  of  local  government,  when
23    authorized to do so by the Department of Corrections, whereby
24    that  individual,  trust,  partnership,  or  corporation   or
25    municipality   or   other   unit  of  local  government  will
26    construct, remodel, or convert a structure for  the  purposes
27    of  its serving as a correctional institution or facility and
28    then lease the structure to the Department for the use of the
29    Department of Corrections.  A lease entered into pursuant  to
30    the  authority granted in this subsection shall be for a term
31    not to exceed 30 years but may grant to the State the  option
32    to purchase the structure outright.
33        The  leases  shall  be  and  shall  recite  that they are
34    subject to termination and cancellation in any year for which
 
                            -20-     LRB093 13539 MKM 18882 b
 1    the General Assembly fails to make an  appropriation  to  pay
 2    the rent payable under the terms of the lease.
 3        (f)  On  and after September 17, 1983, the powers granted
 4    to the Department  under  this  Section  shall  be  exercised
 5    exclusively  by the Department, and no other State agency may
 6    concurrently exercise  any  such  power  unless  specifically
 7    authorized otherwise by a later enacted law.  This subsection
 8    is  not  intended  to  impair  any  contract  existing  as of
 9    September 17, 1983.
10        However, no lease for more than  10,000  square  feet  of
11    space  shall be executed unless the Director, in consultation
12    with the Executive Director of the Capital Development Board,
13    has certified that leasing is in the  best  interest  of  the
14    State, considering programmatic requirements, availability of
15    vacant  State-owned space, the cost-benefits of purchasing or
16    constructing new space, and other criteria as he or she shall
17    determine.  The Director shall not permit multiple leases for
18    less than 10,000 square feet to be executed in order to evade
19    this provision.
20        (g)  To develop and implement, in  cooperation  with  the
21    Interagency  Energy  Conservation  Committee,  a  system  for
22    evaluating  energy  consumption  in  facilities leased by the
23    Department, and to develop energy consumption  standards  for
24    use in evaluating prospective lease sites.
25        (h) (1)  After June 1, 1998 (the effective date of Public
26        Act  90-520),  the  Department  shall  not  enter into an
27        agreement for the installment purchase or lease  purchase
28        of buildings, land, or facilities unless:
29                  (A)  the   using   agency   certifies   to  the
30             Department that the agency reasonably  expects  that
31             the  building,  land, or facilities being considered
32             for purchase will meet a permanent space need;
33                  (B)  the  building  or   facilities   will   be
34             substantially   occupied  by  State  agencies  after
 
                            -21-     LRB093 13539 MKM 18882 b
 1             purchase (or after acceptance in the case of a build
 2             to suit);
 3                  (C)  the building or facilities shall be in new
 4             or like new condition and have a remaining  economic
 5             life exceeding the term of the contract;
 6                  (D)  no  structural  or  other  major  building
 7             component or system has a remaining economic life of
 8             less than 10 years;
 9                  (E)  the building, land, or facilities:
10                       (i)  is    free    of   any   identifiable
11                  environmental hazard or
12                       (ii)  is subject  to  a  management  plan,
13                  provided  by  the  seller and acceptable to the
14                  State,  to  address  the  known   environmental
15                  hazard;
16                  (F)  the  building, land, or facilities satisfy
17             applicable  handicap  accessibility  and  applicable
18             building codes; and
19                  (G)  the State's  cost  to  lease  purchase  or
20             installment   purchase   the   building,   land,  or
21             facilities is less than the cost to lease  space  of
22             comparable  quality,  size,  and  location  over the
23             lease purchase or installment purchase term.
24             (2)  The Department shall establish the  methodology
25        for  comparing lease costs to the costs of installment or
26        lease purchases. The  cost  comparison  shall  take  into
27        account  all  relevant  cost  factors, including, but not
28        limited  to,  debt  service,  operating  and  maintenance
29        costs, insurance  and  risk  costs,  real  estate  taxes,
30        reserves for replacement and repairs, security costs, and
31        utilities.  The methodology shall also provide:
32                  (A)  that  the  comparison  will  be made using
33             level payment plans; and
34                  (B)  that a purchase price must not exceed  the
 
                            -22-     LRB093 13539 MKM 18882 b
 1             fair   market  value  of  the  buildings,  land,  or
 2             facilities and  that  the  purchase  price  must  be
 3             substantiated  by  an  appraisal or by a competitive
 4             selection process.
 5             (3)  If the Department  intends  to  enter  into  an
 6        installment  purchase  or  lease  purchase  agreement for
 7        buildings, land, or facilities under  circumstances  that
 8        do  not satisfy the conditions specified by this Section,
 9        it must issue a notice to the Secretary of the Senate and
10        the Clerk of the House.  The  notice  shall  contain  (i)
11        specific   details  of  the  State's  proposed  purchase,
12        including the amounts,  purposes,  and  financing  terms;
13        (ii)  a specific description of how the proposed purchase
14        varies from the procedures set forth in this Section; and
15        (iii) a specific justification, signed by  the  Director,
16        stating  why  it  is  in  the  State's  best interests to
17        proceed  with  the  purchase.   The  Department  may  not
18        proceed  with  such  an  installment  purchase  or  lease
19        purchase  agreement  if,  within  60  calendar days after
20        delivery of the notice, the General  Assembly,  by  joint
21        resolution,  disapproves  the  transaction.  Delivery may
22        take place on a day and at an hour when  the  Senate  and
23        House  are  not  in  session  so  long  as the offices of
24        Secretary and Clerk are open to receive the  notice.   In
25        determining  the  60-day  period within which the General
26        Assembly must act, the day on which delivery is  made  to
27        the  Senate  and House shall not be counted.  If delivery
28        of the notice to the 2 houses occurs on  different  days,
29        the  60-day  period  shall begin on the day following the
30        later delivery.
31             (4)  On or before February  15  of  each  year,  the
32        Department  shall submit an annual report to the Director
33        of the Governor's Office of Management and Budget  Bureau
34        of   the   Budget  and  the  General  Assembly  regarding
 
                            -23-     LRB093 13539 MKM 18882 b
 1        installment purchases or lease  purchases  of  buildings,
 2        land,  or  facilities  that  were entered into during the
 3        preceding calendar year.   The  report  shall  include  a
 4        summary  statement of the aggregate amount of the State's
 5        obligations  under  those  purchases;  specific   details
 6        pertaining  to  each  purchase,  including  the  amounts,
 7        purposes,  and  financing  terms and payment schedule for
 8        each purchase; and any other matter that  the  Department
 9        deems advisable.
10             The   requirement   for  reporting  to  the  General
11        Assembly shall be  satisfied  by  filing  copies  of  the
12        report   with  the  Auditor  General,  the  Speaker,  the
13        Minority  Leader,  and  the  Clerk  of   the   House   of
14        Representatives  and  the President, the Minority Leader,
15        and the Secretary  of  the  Senate,  the  Chairs  of  the
16        Appropriations  Committees,  and the Legislative Research
17        Unit, as required by Section 3.1 of the General  Assembly
18        Organization  Act,  and filing additional copies with the
19        State  Government  Report  Distribution  Center  for  the
20        General Assembly as is required under  paragraph  (t)  of
21        Section 7 of the State Library Act.
22    (Source:  P.A.  90-520,  eff.  6-1-98;  91-239,  eff. 1-1-00;
23    revised 8-23-03.)

24        Section 35.  The Personnel Code is  amended  by  changing
25    Section 9 as follows:

26        (20 ILCS 415/9) (from Ch. 127, par. 63b109)
27        Sec.  9.  Director, powers and duties.   The Director, as
28    executive head of the Department, shall direct and  supervise
29    all its administrative and technical activities.  In addition
30    to  the  duties  imposed  upon  him elsewhere in this law, it
31    shall be his duty:
32        (1)  To apply and  carry  out  this  law  and  the  rules
 
                            -24-     LRB093 13539 MKM 18882 b
 1    adopted thereunder.
 2        (2)  To attend meetings of the Commission.
 3        (3)  To  establish and maintain a roster of all employees
 4    subject to this Act, in which there shall be set forth, as to
 5    each employee, the  class,  title,  pay,  status,  and  other
 6    pertinent data.
 7        (4)  To  appoint,  subject to the provisions of this Act,
 8    such employees of the Department and such experts and special
 9    assistants as may be necessary to carry out effectively  this
10    law.
11        (5)  Subject  to  such exemptions or modifications as may
12    be  necessary   to   assure   the   continuity   of   federal
13    contributions in those agencies supported in whole or in part
14    by  federal  funds,  to  make  appointments  to vacancies; to
15    approve all written charges seeking discharge,  demotion,  or
16    other  disciplinary  measures  provided  in  this  Act and to
17    approve transfers of employees from one geographical area  to
18    another  in  the  State,  in  offices, positions or places of
19    employment covered by this Act, after consultation  with  the
20    operating unit.
21        (6)  To  formulate  and  administer service wide policies
22    and programs for the improvement of  employee  effectiveness,
23    including  training,  safety,  health, incentive recognition,
24    counseling, welfare and employee relations.   The  Department
25    shall  formulate and administer recruitment plans and testing
26    of potential employees for  agencies  having  direct  contact
27    with significant numbers of non-English speaking or otherwise
28    culturally  distinct  persons.  The  Department shall require
29    each State agency to annually assess the need  for  employees
30    with   appropriate   bilingual   capabilities  to  serve  the
31    significant numbers of  non-English  speaking  or  culturally
32    distinct  persons.   The  Department  shall develop a uniform
33    procedure for assessing an agency's need for  employees  with
34    appropriate bilingual capabilities.  Agencies shall establish
 
                            -25-     LRB093 13539 MKM 18882 b
 1    occupational  titles  or  designate  positions  as "bilingual
 2    option" for persons having sufficient linguistic  ability  or
 3    cultural  knowledge to be able to render effective service to
 4    such persons. The  Department  shall  ensure  that  any  such
 5    option   is   exercised   according  to  the  agency's  needs
 6    assessment and the requirements of this Code.  The Department
 7    shall make annual reports of the  needs  assessment  of  each
 8    agency  and  the  number of positions calling for non-English
 9    linguistic ability to whom vacancy postings  were  sent,  and
10    the  number filled by each agency. Such policies and programs
11    shall be subject to approval by the Governor.  Such policies,
12    program reports and needs assessment reports shall  be  filed
13    with the General Assembly by January 1 of each year and shall
14    be available to the public.
15        The  Department  shall include within the report required
16    above the number  of  persons  receiving  the  bilingual  pay
17    supplement  established  by  Section  8a.2 of this Code.  The
18    report shall provide the  number  of  persons  receiving  the
19    bilingual pay supplement for languages other than English and
20    for  signing.   The  report shall also indicate the number of
21    persons, by the categories of Hispanic and non-Hispanic,  who
22    are  receiving  the  bilingual  pay  supplement  for language
23    skills other than signing, in a language other than English.
24        (7)  To conduct  negotiations  affecting  pay,  hours  of
25    work,  or  other  working  conditions of employees subject to
26    this Act.
27        (8)  To make continuing studies to improve the efficiency
28    of State services to the residents of Illinois, including but
29    not  limited  to  those  who  are  non-English  speaking   or
30    culturally   distinct,   and   to  report  his  findings  and
31    recommendations to the Commission and the Governor.
32        (9)  To investigate from time to time the  operation  and
33    effect  of  this  law  and  the  rules made thereunder and to
34    report his findings and recommendations to the Commission and
 
                            -26-     LRB093 13539 MKM 18882 b
 1    to the Governor.
 2        (10)  To make an annual report regarding the work of  the
 3    Department,  and  such  special  reports  as  he may consider
 4    desirable, to the Commission and to the Governor, or  as  the
 5    Governor or Commission may request.
 6        (11)  To  conduct  research  and  planning  regarding the
 7    total manpower needs of all offices, including the Lieutenant
 8    Governor,  Secretary  of  State,   State   Treasurer,   State
 9    Comptroller, State Superintendent of Education,  and Attorney
10    General,  and  of  all  departments,  agencies,  boards,  and
11    commissions  of  the executive branch, except state-supported
12    colleges and universities, and for that purpose to  prescribe
13    forms  for the reporting of such personnel information as the
14    department may request both for positions covered by this Act
15    and for those exempt in whole or in part.
16        (12)  To prepare  and  publish  a  semi-annual  statement
17    showing  the  number  of employees exempt and non-exempt from
18    merit selection in each department. This report shall  be  in
19    addition  to  other information on merit selection maintained
20    for public information under existing law.
21        (13)  To authorize in every department or agency  subject
22    to  Jurisdiction  C  the  use  of flexible hours positions. A
23    flexible hours position is  one  that  does  not  require  an
24    ordinary  work  schedule  as determined by the Department and
25    includes but is not limited to: 1) a  part  time  job  of  20
26    hours  or  more  per  week,  2)  a  job  which is shared by 2
27    employees or a compressed work week consisting of an ordinary
28    number of working hours performed on fewer than the number of
29    days ordinarily required to perform that job.  The Department
30    may define flexible time to include other types of jobs  that
31    are defined above.
32        The  Director  and  the  director  of  each department or
33    agency shall together  establish  goals  for  flexible  hours
34    positions to be available in every department or agency.
 
                            -27-     LRB093 13539 MKM 18882 b
 1        The   Department   shall  give  technical  assistance  to
 2    departments and agencies in achieving their goals, and  shall
 3    report  to the Governor and the General Assembly each year on
 4    the progress of each department and agency.
 5        When a goal of 10% of the positions in  a  department  or
 6    agency  being  available  on  a flexible hours basis has been
 7    reached, the Department shall evaluate the effectiveness  and
 8    efficiency of the program and determine whether to expand the
 9    number of positions available for flexible hours to 20%.
10        When  a  goal  of 20% of the positions in a department or
11    agency being available on a flexible  hours  basis  has  been
12    reached,  the Department shall evaluate the effectiveness and
13    efficiency of the program and determine whether to expand the
14    number of positions available for flexible hours.
15        Each department shall develop a plan  for  implementation
16    of flexible work requirements designed to reduce the need for
17    day  care  of  employees'  children  outside  the home.  Each
18    department  shall  submit  a  report  of  its  plan  to   the
19    Department  of  Central  Management  Services and the General
20    Assembly.  This report shall be submitted biennially by March
21    1, with the first report due March 1, 1993.
22        (14)  To perform any  other  lawful  acts  which  he  may
23    consider necessary or desirable to carry out the purposes and
24    provisions of this law.
25        The  requirement  for  reporting  to the General Assembly
26    shall be satisfied by filing copies of the  report  with  the
27    Speaker,  the  Minority  Leader and the Clerk of the House of
28    Representatives and the President, the  Minority  Leader  and
29    the  Secretary  of  the  Senate  and the Legislative Research
30    Unit, as required by Section  3.1  of  the  General  Assembly
31    Organization Act "An Act to revise the law in relation to the
32    General  Assembly",  approved  February 25, 1874, as amended,
33    and filing such additional copies with the  State  Government
34    Report  Distribution  Center  for  the General Assembly as is
 
                            -28-     LRB093 13539 MKM 18882 b
 1    required under paragraph  (t)  of  Section  7  of  the  State
 2    Library Act.
 3    (Source: P.A. 86-1004; 87-552; 87-1050.)

 4        Section  40.  The  Children  and  Family  Services Act is
 5    amended by changing Section 5.15 as follows:

 6        (20 ILCS 505/5.15)
 7        Sec. 5.15.  Daycare; Department of Human Services.
 8        (a)  For the  purpose  of  ensuring  effective  statewide
 9    planning,  development,  and utilization of resources for the
10    day care of children, operated under  various  auspices,  the
11    Department  of Human Services is designated to coordinate all
12    day care activities for  children  of  the  State  and  shall
13    develop  or  continue,  and  shall update every year, a State
14    comprehensive day-care plan for submission  to  the  Governor
15    that identifies high-priority areas and groups, relating them
16    to  available  resources  and  identifying the most effective
17    approaches to the use of  existing  day  care  services.  The
18    State  comprehensive day-care plan shall be made available to
19    the General Assembly following the  Governor's  approval   of
20    the plan.
21        The  plan  shall  include  methods and procedures for the
22    development of additional day care resources for children  to
23    meet  the  goal of reducing short-run and long-run dependency
24    and to provide necessary enrichment and  stimulation  to  the
25    education  of  young children.  Recommendations shall be made
26    for State policy on optimum use of private and public, local,
27    State and federal resources, including  an  estimate  of  the
28    resources needed for the licensing and regulation of day care
29    facilities.
30        A  written  report shall be submitted to the Governor and
31    the General Assembly annually on April 15. The  report  shall
32    include  an  evaluation  of  developments  over the preceding
 
                            -29-     LRB093 13539 MKM 18882 b
 1    fiscal  year,  including  cost-benefit  analyses  of  various
 2    arrangements.  Beginning with the report in 1990 submitted by
 3    the  Department's  predecessor  agency  and  every  2   years
 4    thereafter, the report shall also include the following:
 5             (1)  An assessment of the child care services, needs
 6        and  available  resources  throughout  the  State  and an
 7        assessment  of  the  adequacy  of  existing  child   care
 8        services,   including,   but  not  limited  to,  services
 9        assisted under this  Act  and  under  any  other  program
10        administered by other State agencies.
11             (2)  A  survey  of  day care facilities to determine
12        the number of qualified caregivers, as defined  by  rule,
13        attracted   to   vacant   positions   and   any  problems
14        encountered by facilities  in  attracting  and  retaining
15        capable   caregivers.    The   report  shall  include  an
16        assessment, based  on  the  survey,  of  improvements  in
17        employee benefits that may attract capable caregivers.
18             (3)  The  average  wages  and  salaries  and  fringe
19        benefit packages paid to caregivers throughout the State,
20        computed  on  a  regional  basis,  compared  to similarly
21        qualified employees in other but related fields.
22             (4)  The qualifications of new caregivers  hired  at
23        licensed  day  care facilities during the previous 2-year
24        period.
25             (5)  Recommendations for increasing caregiver  wages
26        and salaries to ensure quality care for children.
27             (6)  Evaluation  of  the  fee  structure  and income
28        eligibility for child care subsidized by the State.
29        The requirement for reporting  to  the  General  Assembly
30    shall  be  satisfied  by filing copies of the report with the
31    Speaker, the Minority Leader, and the Clerk of the  House  of
32    Representatives,  the President, the Minority Leader, and the
33    Secretary of the Senate, and the Legislative  Research  Unit,
34    as   required   by   Section  3.1  of  the  General  Assembly
 
                            -30-     LRB093 13539 MKM 18882 b
 1    Organization Act, and filing such additional copies with  the
 2    State  Government  Report Distribution Center for the General
 3    Assembly as is required under paragraph (t) of Section  7  of
 4    the State Library Act.
 5        (b)  The  Department  of  Human  Services shall establish
 6    policies  and  procedures  for  developing  and  implementing
 7    interagency agreements  with  other  agencies  of  the  State
 8    providing  child  care  services  or  reimbursement  for such
 9    services. The plans shall be annually reviewed  and  modified
10    for  the  purpose  of  addressing issues of applicability and
11    service system barriers.
12        (c)  In  cooperation  with  other  State  agencies,   the
13    Department of Human Services shall  develop and implement, or
14    shall  continue, a resource and referral system for the State
15    of Illinois either within the Department or by contract  with
16    local  or  regional  agencies.  Funding for implementation of
17    this system may be provided through Department appropriations
18    or other inter-agency funding arrangements. The resource  and
19    referral   system   shall  provide  at  least  the  following
20    services:
21             (1)  Assembling and maintaining a data base  on  the
22        supply of child care services.
23             (2)  Providing   information   and   referrals   for
24        parents.
25             (3)  Coordinating  the development of new child care
26        resources.
27             (4)  Providing technical assistance and training  to
28        child care service providers.
29             (5)  Recording  and  analyzing  the demand for child
30        care services.
31        (d)  The Department of Human Services shall  conduct  day
32    care planning activities with the following priorities:
33             (1)  Development  of  voluntary  day  care resources
34        wherever possible, with the provision  for  grants-in-aid
 
                            -31-     LRB093 13539 MKM 18882 b
 1        only  where  demonstrated  to  be useful and necessary as
 2        incentives  or  supports.  By  January   1,   2002,   the
 3        Department  shall design a plan to create more child care
 4        slots as well as goals and timetables to improve  quality
 5        and accessibility of child care.
 6             (2)  Emphasis  on  service to children of recipients
 7        of  public  assistance  when  such  service  will   allow
 8        training or employment of the parent toward achieving the
 9        goal of independence.
10             (3)  (Blank).
11             (4)  Care  of  children  from families in stress and
12        crises whose members potentially may become,  or  are  in
13        danger of becoming, non-productive and dependent.
14             (5)  Expansion   of   family   day  care  facilities
15        wherever possible.
16             (6)  Location of centers in  economically  depressed
17        neighborhoods,  preferably  in multi-service centers with
18        cooperation  of  other  agencies.  The  Department  shall
19        coordinate the provision  of  grants,  but  only  to  the
20        extent  funds  are  specifically  appropriated  for  this
21        purpose,    to  encourage  the  creation and expansion of
22        child care centers in high need communities to be  issued
23        by the State, business, and local governments.
24             (7)  Use  of  existing  facilities free of charge or
25        for  reasonable  rental  whenever  possible  in  lieu  of
26        construction.
27             (8)  Development of strategies for assuring  a  more
28        complete  range  of day care options, including provision
29        of day care services in homes, in schools, or in centers,
30        which will enable a  parent  or  parents  to  complete  a
31        course  of education or obtain or maintain employment and
32        the creation of more child care options for swing  shift,
33        evening,  and  weekend workers and for working women with
34        sick children.  The Department shall encourage  companies
 
                            -32-     LRB093 13539 MKM 18882 b
 1        to  provide  child  care  in  their own offices or in the
 2        building in which the  corporation  is  located  so  that
 3        employees  of all the building's tenants can benefit from
 4        the facility.
 5             (9)  Development  of  strategies   for   subsidizing
 6        students pursuing degrees in the child care field.
 7             (10)  Continuation and expansion of service programs
 8        that  assist  teen parents to continue and complete their
 9        education.
10        Emphasis shall be given to  support  services  that  will
11    help  to ensure such parents' graduation from high school and
12    to services for participants in any programs of job  training
13    conducted by the Department.
14        (e)  The  Department  of  Human  Services  shall actively
15    stimulate the development of public and private resources  at
16    the  local  level. It shall also seek the fullest utilization
17    of federal funds directly  or  indirectly  available  to  the
18    Department.
19        Where  appropriate, existing non-governmental agencies or
20    associations shall be involved in planning by the Department.
21        (f)  To better accommodate the child care  needs  of  low
22    income   working   families,  especially  those  who  receive
23    Temporary Assistance for Needy Families  (TANF)  or  who  are
24    transitioning  from  TANF  to  work,  or  who  are at risk of
25    depending  on  TANF  in  the  absence  of  child  care,   the
26    Department   shall   complete  a  study  using  outcome-based
27    assessment measurements to analyze the various types of child
28    care needs, including but not limited to: child  care  homes;
29    child  care  facilities;  before  and  after school care; and
30    evening and weekend care.  Based upon  the  findings  of  the
31    study, the Department shall develop a plan by April 15, 1998,
32    that  identifies the various types of child care needs within
33    various geographic locations.  The plan  shall  include,  but
34    not be limited to, the special needs of parents and guardians
 
                            -33-     LRB093 13539 MKM 18882 b
 1    in  need of non-traditional child care services such as early
 2    mornings, evenings, and  weekends;  the  needs  of  very  low
 3    income  families  and  children  and how they might be better
 4    served; and strategies to assist child care providers to meet
 5    the needs and schedules of low income families.
 6    (Source: P.A. 92-468, eff. 8-22-01.)

 7        Section 45.  The Energy Conservation Act  is  amended  by
 8    changing Section 4 as follows:

 9        (20 ILCS 1120/4) (from Ch. 96 1/2, par. 7804)
10        Sec.  4.   Authority.   (1) The Department in addition to
11    its preparation  of  energy  contingency  plans,  shall  also
12    analyze,  prepare,  and recommend a comprehensive energy plan
13    for  the State of Illinois.
14        The plan shall identify emerging trends related to energy
15    supply,  demand,  conservation,  public  health  and   safety
16    factors,  and  should  specify  the  levels  of statewide and
17    service area  energy  needs,  past,  present,  and  estimated
18    future  demand, as well as the potential social, economic, or
19    environmental effects caused by the continuation of  existing
20    trends  and  by  the  various  alternatives  available to the
21    State. The plan shall also conform  to  the  requirements  of
22    Section  8-402  of  the  Public Utilities Act. The Department
23    shall design programs as necessary to achieve the purposes of
24    this Act and the planning objectives of The Public  Utilities
25    Act.  The Department's energy plan, and any programs designed
26    pursuant to this Section shall be filed with  the  Commission
27    in accordance with the Commission's planning responsibilities
28    and  hearing  requirements  related  thereto.  The Department
29    shall periodically review the plan, objectives  and  programs
30    at  least  every  2 years, and the results of such review and
31    any resulting changes in the Department's  plan  or  programs
32    shall be filed with the Commission.
 
                            -34-     LRB093 13539 MKM 18882 b
 1        The   Department's  plan  and  programs  and  any  review
 2    thereof, shall also be filed with the Governor,  the  General
 3    Assembly,  and  the Public Counsel, and shall be available to
 4    the public upon request.
 5        The requirement for reporting  to  the  General  Assembly
 6    shall  be  satisfied  by filing copies of the report with the
 7    Speaker, the Minority Leader and the Clerk of  the  House  of
 8    Representatives  and  the  President, the Minority Leader and
 9    the Secretary of the  Senate  and  the  Legislative  Research
10    Unit,  as  required  by  Section  3.1 of the General Assembly
11    Organization Act "An Act to revise the law in relation to the
12    General Assembly", approved February 25,  1874,  as  amended,
13    and  filing  such additional copies with the State Government
14    Report Distribution Center for the  General  Assembly  as  is
15    required  under  paragraph  (t)  of  Section  7  of the State
16    Library Act.
17    (Source: P.A. 84-617.)

18        Section 50.  The Disabled Persons Rehabilitation  Act  is
19    amended by changing Section 3 as follows:

20        (20 ILCS 2405/3) (from Ch. 23, par. 3434)
21        Sec. 3.  Powers and duties. The Department shall have the
22    powers and duties enumerated herein:
23        (a)  To  co-operate  with  the  federal government in the
24    administration   of   the   provisions   of    the    federal
25    Rehabilitation  Act  of  1973,  as  amended, of the Workforce
26    Investment Act of 1998, and of the  federal  Social  Security
27    Act to the extent and in the manner provided in these Acts.
28        (b)  To   prescribe   and   supervise   such  courses  of
29    vocational training and provide such other services as may be
30    necessary for the habilitation and rehabilitation of  persons
31    with  one  or more disabilities, including the administrative
32    activities under subsection  (e)  of  this  Section,  and  to
 
                            -35-     LRB093 13539 MKM 18882 b
 1    co-operate  with State and local school authorities and other
 2    recognized agencies engaged in  habilitation,  rehabilitation
 3    and  comprehensive  rehabilitation services; and to cooperate
 4    with the Department of Children and Family Services regarding
 5    the  care  and  education  of  children  with  one  or   more
 6    disabilities.
 7        (c)  (Blank).
 8        (d)  To  report  in writing, to the Governor, annually on
 9    or before the first day of December, and at such other  times
10    and in such manner and upon such subjects as the Governor may
11    require.   The annual report shall contain (1) a statement of
12    the  existing  condition  of   comprehensive   rehabilitation
13    services, habilitation and rehabilitation in the State; (2) a
14    statement  of  suggestions and recommendations with reference
15    to the development of comprehensive rehabilitation  services,
16    habilitation  and  rehabilitation  in  the  State; and (3) an
17    itemized statement of the  amounts  of  money  received  from
18    federal,  State  and  other  sources,  and of the objects and
19    purposes to which  the  respective  items  of  these  several
20    amounts have been devoted.
21        (e)  (Blank).
22        (f)  To  establish  a  program  of  services  to  prevent
23    unnecessary  institutionalization of persons with Alzheimer's
24    disease and related disorders or persons in need of long term
25    care who are established as blind or disabled as  defined  by
26    the  Social  Security Act, thereby enabling them to remain in
27    their own homes or other living arrangements. Such preventive
28    services may include, but are not limited to, any or  all  of
29    the following:
30             (1)  home health services;
31             (2)  home nursing services;
32             (3)  homemaker services;
33             (4)  chore and housekeeping services;
34             (5)  day care services;
 
                            -36-     LRB093 13539 MKM 18882 b
 1             (6)  home-delivered meals;
 2             (7)  education in self-care;
 3             (8)  personal care services;
 4             (9)  adult day health services;
 5             (10)  habilitation services;
 6             (11)  respite care; or
 7             (12)  other  nonmedical  social  services  that  may
 8        enable the person to become self-supporting.
 9        The  Department shall establish eligibility standards for
10    such services taking into consideration the  unique  economic
11    and  social  needs  of the population for whom they are to be
12    provided.  Such eligibility standards may  be  based  on  the
13    recipient's  ability  to pay for services; provided, however,
14    that any portion of a person's income that  is  equal  to  or
15    less   than   the  "protected  income"  level  shall  not  be
16    considered by the Department in determining eligibility.  The
17    "protected  income"  level  shall  be   determined   by   the
18    Department,  shall  never  be  less  than the federal poverty
19    standard, and shall be adjusted each year to reflect  changes
20    in  the  Consumer  Price  Index  For  All  Urban Consumers as
21    determined  by  the  United  States  Department   of   Labor.
22    Additionally,   in  determining  the  amount  and  nature  of
23    services for which a person may qualify, consideration  shall
24    not  be  given to the value of cash, property or other assets
25    held in the name of the person's spouse pursuant to a written
26    agreement dividing marital property into equal  but  separate
27    shares  or pursuant to a transfer of the person's interest in
28    a home to his spouse, provided that the spouse's share of the
29    marital property is not made available to the person  seeking
30    such services.
31        The  services  shall  be  provided to eligible persons to
32    prevent unnecessary or premature institutionalization, to the
33    extent that the cost of the services, together with the other
34    personal maintenance expenses of the persons, are  reasonably
 
                            -37-     LRB093 13539 MKM 18882 b
 1    related  to  the  standards  established  for care in a group
 2    facility   appropriate    to    their    condition.     These
 3    non-institutional  services,  pilot  projects or experimental
 4    facilities may be provided as part of or in addition to those
 5    authorized by federal law or those funded and administered by
 6    the Illinois Department on Aging.
 7        Personal care attendants shall be paid:
 8             (i)  A $5 per hour minimum rate  beginning  July  1,
 9        1995.
10             (ii)  A  $5.30  per hour minimum rate beginning July
11        1, 1997.
12             (iii)  A $5.40 per hour minimum rate beginning  July
13        1, 1998.
14        Solely  for  the  purposes of coverage under the Illinois
15    Public Labor Relations  Act  (5  ILCS  315/),  personal  care
16    attendants  and  personal assistants providing services under
17    the Department's Home Services Program shall be considered to
18    be public employees  and  the  State  of  Illinois  shall  be
19    considered  to  be their employer as of the effective date of
20    this amendatory Act of the 93rd  General  Assembly,  but  not
21    before.  The State shall engage in collective bargaining with
22    an exclusive representative of personal care  attendants  and
23    personal  assistants  working under the Home Services Program
24    concerning their terms and conditions of employment that  are
25    within  the  State's control. Nothing in this paragraph shall
26    be understood to limit the right  of  the  persons  receiving
27    services  defined  in  this Section to hire and fire personal
28    care attendants and personal  assistants  or  supervise  them
29    within  the limitations set by the Home Services Program. The
30    State shall not be considered to be the employer of  personal
31    care  attendants and personal assistants for any purposes not
32    specifically provided in this  amendatory  Act  of  the  93rd
33    General  Assembly,  including but not limited to, purposes of
34    vicarious  liability  in  tort  and  purposes  of   statutory
 
                            -38-     LRB093 13539 MKM 18882 b
 1    retirement   or  health  insurance  benefits.  Personal  care
 2    attendants and personal assistants shall not  be  covered  by
 3    the  State  Employees  Group  Insurance  Act  of 1971 (5 ILCS
 4    375/).
 5        The Department shall execute,  relative  to  the  nursing
 6    home  prescreening  project, as authorized by Section 4.03 of
 7    the  Illinois  Act  on  the   Aging,   written   inter-agency
 8    agreements with the Department on Aging and the Department of
 9    Public  Aid,  to effect the following:  (i) intake procedures
10    and common eligibility criteria for  those  persons  who  are
11    receiving    non-institutional   services;   and   (ii)   the
12    establishment and development of  non-institutional  services
13    in  areas of the State where they are not currently available
14    or are undeveloped.  On and after July 1, 1996,  all  nursing
15    home prescreenings for individuals 18 through 59 years of age
16    shall be conducted by the Department.
17        The  Department  is  authorized  to establish a system of
18    recipient  cost-sharing  for  services  provided  under  this
19    Section.   The  cost-sharing  shall   be   based   upon   the
20    recipient's ability to pay for services, but in no case shall
21    the  recipient's share exceed the actual cost of the services
22    provided.  Protected income shall not be  considered  by  the
23    Department in its determination of the recipient's ability to
24    pay   a  share  of  the  cost  of  services.   The  level  of
25    cost-sharing shall be adjusted each year to  reflect  changes
26    in the "protected income" level.  The Department shall deduct
27    from  the recipient's share of the cost of services any money
28    expended by the recipient for disability-related expenses.
29        The   Department,   or   the   Department's    authorized
30    representative,  shall  recover the amount of moneys expended
31    for services provided to or in behalf of a person under  this
32    Section by a claim against the person's estate or against the
33    estate  of the person's surviving spouse, but no recovery may
34    be had until after the death of the surviving spouse, if any,
 
                            -39-     LRB093 13539 MKM 18882 b
 1    and then only at such time when there is no  surviving  child
 2    who  is  under  age  21,  blind,  or  permanently and totally
 3    disabled.  This paragraph, however, shall not  bar  recovery,
 4    at  the  death of the person, of moneys for services provided
 5    to the person or in behalf of the person under  this  Section
 6    to  which  the  person  was  not entitled; provided that such
 7    recovery shall not be enforced against any real estate  while
 8    it  is  occupied  as  a  homestead by the surviving spouse or
 9    other dependent, if no claims by other  creditors  have  been
10    filed against the estate, or, if such claims have been filed,
11    they  remain dormant for failure of prosecution or failure of
12    the claimant to compel administration of the estate  for  the
13    purpose  of  payment.   This paragraph shall not bar recovery
14    from the estate of a spouse, under Sections 1915 and 1924  of
15    the  Social  Security  Act  and  Section  5-4 of the Illinois
16    Public Aid Code, who precedes  a  person  receiving  services
17    under this Section in death.  All moneys for services paid to
18    or  in  behalf  of  the  person  under  this Section shall be
19    claimed for  recovery  from  the  deceased  spouse's  estate.
20    "Homestead",  as  used  in this paragraph, means the dwelling
21    house and contiguous real  estate  occupied  by  a  surviving
22    spouse  or  relative, as defined by the rules and regulations
23    of the Illinois Department of Public Aid, regardless  of  the
24    value of the property.
25        The   Department   and  the  Department  on  Aging  shall
26    cooperate in the development  and  submission  of  an  annual
27    report  on programs and services provided under this Section.
28    Such joint report shall be filed with the  Governor  and  the
29    General Assembly on or before March 30 each year.
30        The  requirement  for  reporting  to the General Assembly
31    shall be satisfied by filing copies of the  report  with  the
32    Speaker,  the  Minority  Leader and the Clerk of the House of
33    Representatives and the President, the  Minority  Leader  and
34    the  Secretary  of  the  Senate  and the Legislative Research
 
                            -40-     LRB093 13539 MKM 18882 b
 1    Unit, as required by Section  3.1  of  the  General  Assembly
 2    Organization Act, and filing additional copies with the State
 3    Government   Report   Distribution  Center  for  the  General
 4    Assembly as required under paragraph (t) of Section 7 of  the
 5    State Library Act.
 6        (g)  To  establish such subdivisions of the Department as
 7    shall be desirable and assign to the various subdivisions the
 8    responsibilities and duties placed  upon  the  Department  by
 9    law.
10        (h)  To cooperate and enter into any necessary agreements
11    with  the Department of Employment Security for the provision
12    of job placement and job referral services to clients of  the
13    Department,   including  job  service  registration  of  such
14    clients with Illinois Employment Security offices and  making
15    job  listings  maintained  by  the  Department  of Employment
16    Security available to such clients.
17        (i)  To possess all powers reasonable and  necessary  for
18    the  exercise  and  administration  of the powers, duties and
19    responsibilities of the Department which are provided for  by
20    law.
21        (j)  To  establish  a  procedure whereby new providers of
22    personal care attendant services shall submit vouchers to the
23    State for payment two  times  during  their  first  month  of
24    employment  and  one  time  per month thereafter.  In no case
25    shall the Department pay personal care attendants  an  hourly
26    wage that is less than the federal minimum wage.
27        (k)  To provide adequate notice to providers of chore and
28    housekeeping  services  informing them that they are entitled
29    to an interest payment on bills which are not  promptly  paid
30    pursuant to Section 3 of the State Prompt Payment Act.
31        (l)  To  establish,  operate  and  maintain  a  Statewide
32    Housing Clearinghouse of information on available, government
33    subsidized   housing   accessible  to  disabled  persons  and
34    available privately  owned  housing  accessible  to  disabled
 
                            -41-     LRB093 13539 MKM 18882 b
 1    persons.  The information shall include but not be limited to
 2    the   location,  rental  requirements,  access  features  and
 3    proximity to public transportation of available housing.  The
 4    Clearinghouse  shall  consist  of  at  least  a  computerized
 5    database for the storage and retrieval of information  and  a
 6    separate  or  shared  toll  free  telephone number for use by
 7    those seeking information from the Clearinghouse.  Department
 8    offices and personnel throughout the State shall also  assist
 9    in  the  operation  of  the  Statewide Housing Clearinghouse.
10    Cooperation with local, State and  federal  housing  managers
11    shall  be  sought  and  extended  in  order to frequently and
12    promptly update the Clearinghouse's information.
13        (m)  To assure that the names and case records of persons
14    who received or are receiving services from  the  Department,
15    including  persons  receiving vocational rehabilitation, home
16    services, or other services, and those attending one  of  the
17    Department's  schools  or  other supervised facility shall be
18    confidential and not be open to the  general  public.   Those
19    case  records  and  reports  or  the information contained in
20    those records and reports shall be disclosed by the  Director
21    only   to   proper  law  enforcement  officials,  individuals
22    authorized by a court, the General Assembly or any  committee
23    or  commission of the General Assembly, and other persons and
24    for reasons as the Director designates by rule.    Disclosure
25    by  the  Director  may  be  only  in  accordance  with  other
26    applicable law.
27    (Source: P.A. 92-84, eff. 7-1-02; 93-204, eff. 7-16-03.)

28        Section  55.   The  Department of State Police Law of the
29    Civil Administrative Code of Illinois is amended by  changing
30    Section 2605-555 as follows:

31        (20 ILCS 2605/2605-555)
32        Sec. 2605-555.  Pilot program; Project Exile.
 
                            -42-     LRB093 13539 MKM 18882 b
 1        (a)  The Department shall establish a Project Exile pilot
 2    program to combat gun violence.
 3        (b)  Through   the  pilot  program,  the  Department,  in
 4    coordination with local  law  enforcement  agencies,  State's
 5    Attorneys,  and United States Attorneys, shall, to the extent
 6    possible, encourage the prosecution in federal court  of  all
 7    persons who illegally use, attempt to use, or threaten to use
 8    firearms  against  the person or property of another, of  all
 9    persons who use or possess a firearm  in  connection  with  a
10    violation  of  the  Cannabis  Control  Act  or  the  Illinois
11    Controlled   Substances   Act,  all  persons  who  have  been
12    convicted of a felony under the laws of  this  State  or  any
13    other  jurisdiction  who  possess any weapon prohibited under
14    Section 24-1 of the Criminal Code of 1961 or any  firearm  or
15    any firearm ammunition, and of all persons who use or possess
16    a  firearm  in  connection  with  a  violation of an order of
17    protection issued under the Illinois Domestic Violence Act of
18    1986 or Article 112A of the Code  of  Criminal  Procedure  of
19    1963  or  in connection with the offense of domestic battery.
20    The program shall  also  encourage  public  outreach  by  law
21    enforcement agencies.
22        (c)  There  is  created the Project Exile Fund, a special
23    fund in the State  treasury.   Moneys  appropriated  for  the
24    purposes  of  Project Exile and moneys from any other private
25    or public source, including without  limitation  grants  from
26    the  Department  of  Commerce and Community Affairs, shall be
27    deposited into the Fund.  Moneys  in  the  Fund,  subject  to
28    appropriation,  may be used by the Department of State Police
29    to develop and administer the Project Exile pilot program.
30        (d)  The Department shall report to the General  Assembly
31    by  March 1, 2003 regarding the implementation and effects of
32    the Project Exile pilot program and shall by that  date  make
33    recommendations  to  the  General Assembly for changes in the
34    program that the Department deems appropriate.
 
                            -43-     LRB093 13539 MKM 18882 b
 1        The requirement for reporting  to  the  General  Assembly
 2    shall  be  satisfied  by filing copies of the report with the
 3    Speaker, the Minority Leader, and the Clerk of the  House  of
 4    Representatives, with the President, the Minority Leader, and
 5    the  Secretary  of  the  Senate,  and  with  the  Legislative
 6    Research  Unit,  as  required  by  Section 3.1 of the General
 7    Assembly Organization Act, and filing such additional  copies
 8    with  the State Government Report Distribution Center for the
 9    General Assembly  as  is  required  under  paragraph  (t)  of
10    Section 7 of the State Library Act.
11    (Source: P.A.  92-332,  eff.  8-10-01;  92-342, eff. 8-10-01;
12    92-651, eff. 7-11-02.)

13        Section 60.  The Department of Transportation Law of  the
14    Civil  Administrative Code of Illinois is amended by changing
15    Sections 2705-205 and 2705-430 as follows:

16        (20 ILCS 2705/2705-205) (was 20 ILCS 2705/49.21)
17        Sec. 2705-205. Study of demand  for  transportation.  The
18    Department   has   the   power,  in  cooperation  with  State
19    universities and other  research  oriented  institutions,  to
20    study  the extent and nature of the demand for transportation
21    and to collect and assemble information  regarding  the  most
22    feasible,  technical and socio-economic solutions for meeting
23    that demand and the costs thereof.  The  Department  has  the
24    power  to report to the Governor and the General Assembly, by
25    February 15 of each odd-numbered year,  the  results  of  the
26    study and recommendations based on the study.
27        The  requirement  for  reporting  to the General Assembly
28    shall be satisfied by filing copies of the  report  with  the
29    Speaker,  the  Minority Leader, and the Clerk of the House of
30    Representatives and the President, the Minority  Leader,  and
31    the  Secretary  of  the  Senate  and the Legislative Research
32    Unit, as required by Section  3.1  of  the  General  Assembly
 
                            -44-     LRB093 13539 MKM 18882 b
 1    Organization  Act  and  by  filing additional copies with the
 2    State Government Report Distribution Center for  the  General
 3    Assembly  as  is required under paragraph (t) of Section 7 of
 4    the State Library Act.
 5    (Source: P.A. 91-239, eff. 1-1-00.)

 6        (20 ILCS 2705/2705-430) (was 20 ILCS 2705/49.25g)
 7        Sec. 2705-430. Railroad freight service assistance; lines
 8    designated for  discontinuation  of  service  or  subject  to
 9    abandonment.  The Department shall enter into agreements with
10    any   railroad    as  necessary  to  provide  assistance  for
11    continuous freight  service  on  lines  of  railroads  within
12    Illinois  designated  for  discontinuation  of service by the
13    United States Railway Association Final System Plan  and  not
14    conveyed  to  a railroad company other than Consolidated Rail
15    Corporation.  The Department may enter into  such  agreements
16    with  any  railroad  as  necessary  to provide assistance for
17    continuous rail freight service on lines of railroads  within
18    Illinois   subject   to  an  abandonment  proceeding  in  the
19    Interstate Commerce Commission or classified  as  potentially
20    subject  to  abandonment  pursuant  to Sections 10903 through
21    10905 of Title 49 of the United States Code or upon  which  a
22    certificate of discontinuance or abandonment has been issued.
23    The  Department shall make rail continuation subsidy payments
24    pursuant to the agreements. The agreements shall provide  for
25    a  minimum  level  of  service  at  least  equivalent to that
26    provided in calendar year 1975. The agreements shall  conform
27    to relevant federal law.  The Department shall determine that
28    all  payments  under  this  Section  are eligible for federal
29    share reimbursement.
30        Any nonfederal share of  the  assistance  provided  under
31    this  Section shall be provided by the Department.  The State
32    share may include funds, grants, gifts, or donations from the
33    federal government, any local public body, or any person.
 
                            -45-     LRB093 13539 MKM 18882 b
 1        Reimbursements shall be deposited in the State fund  from
 2    which the assistance was paid.
 3        The  Department shall provide technical assistance to any
 4    local public body or rail user to ensure  that  rail  freight
 5    services  under these agreements are, to the extent possible,
 6    adequate to the needs of Illinois citizens.
 7        The Department shall  review  the  effects  of  the  rail
 8    freight  service  assistance  provided under this Section and
 9    shall report  the  results  of  its  review  to  the  General
10    Assembly  each  year  not  later  than  March  15,  reporting
11    particularly  on the service provided through the assistance,
12    the utilization of rail freight service by shippers, and  the
13    cost  effectiveness  of  this rail freight service assistance
14    program in relation to the economy of this State.
15        The requirement for reporting  to  the  General  Assembly
16    shall  be  satisfied  by filing copies of the report with the
17    Speaker, the Minority Leader, and the Clerk of the  House  of
18    Representatives  and  the President, the Minority Leader, and
19    the Secretary of the  Senate  and  the  Legislative  Research
20    Unit,  as  required  by  Section  3.1 of the General Assembly
21    Organization Act and by filing  additional  copies  with  the
22    State  Government  Report Distribution Center for the General
23    Assembly as is required under paragraph (t) of Section  7  of
24    the State Library Act.
25        For  the  purpose  of  promoting  efficient  rail freight
26    service, the Department shall have the power to either  grant
27    or  loan funds to any railroad or unit of local government in
28    the  State  to  maintain,   improve,   and   construct   rail
29    facilities. The Department shall also have the power to grant
30    or loan funds to any rail users located on an abandoned line,
31    unit  of  local  government,  or  an  owner  or  lessee of an
32    abandoned  railroad  right-of-way  to  undertake   substitute
33    service  projects  that  reduce  the  social,  economic,  and
34    environmental  costs associated with the loss of a particular
 
                            -46-     LRB093 13539 MKM 18882 b
 1    rail  freight  service  in  a  manner  less  expensive   than
 2    continuing  that  rail  freight  service.   To facilitate the
 3    continuation of rail freight services, the  Department  shall
 4    have the power to purchase railroad materials and supplies.
 5    (Source: P.A. 91-239, eff. 1-1-00.)

 6        Section   65.    The  Illinois  Environmental  Facilities
 7    Financing Act is amended by changing Section 7 as follows:

 8        (20 ILCS 3515/7) (from Ch. 127, par. 727)
 9        Sec. 7.  Powers.  In addition  to  the  powers  otherwise
10    authorized  by  law,  for the purposes of this Act, the State
11    authority shall have the following powers together  with  all
12    powers  incidental  thereto  or necessary for the performance
13    thereof:
14        (1)  to have perpetual succession as a body  politic  and
15    corporate;
16        (2)  to  adopt  bylaws  for the regulation of its affairs
17    and the conduct of its business;
18        (3)  to sue and be  sued  and  to  prosecute  and  defend
19    actions in the courts;
20        (4)  to have and to use a corporate seal and to alter the
21    same at pleasure;
22        (5)  to  maintain an office at such place or places as it
23    may designate;
24        (6)  to  determine  the   location,   pursuant   to   the
25    Environmental  Protection Act, and the manner of construction
26    of any environmental or hazardous waste treatment facility to
27    be  financed  under  this  Act  and  to  acquire,  construct,
28    reconstruct, repair, alter, improve,  extend,  own,  finance,
29    lease,  sell  and otherwise dispose of the facility, to enter
30    into contracts for any and all of such purposes, to designate
31    a person as its agent to determine the location and manner of
32    construction of an environmental or hazardous waste treatment
 
                            -47-     LRB093 13539 MKM 18882 b
 1    facility undertaken by such person under  the  provisions  of
 2    this Act and as agent of the authority to acquire, construct,
 3    reconstruct, repair, alter, improve, extend, own, lease, sell
 4    and  otherwise  dispose  of  the  facility, and to enter into
 5    contracts for any and all of such purposes;
 6        (7)  to finance and to lease or sell to a person  any  or
 7    all   of  the  environmental  or  hazardous  waste  treatment
 8    facilities upon such terms and conditions  as  the  directing
 9    body  considers  proper,  and  to  charge and collect rent or
10    other payments therefor and to terminate any  such  lease  or
11    sales  agreement  or  financing agreement upon the failure of
12    the lessee, purchaser or debtor to comply  with  any  of  the
13    obligations  thereof;  and  to  include  in any such lease or
14    other agreement, if  desired,  provisions  that  the  lessee,
15    purchaser  or  debtor  thereunder shall have options to renew
16    the term of the lease, sales  or  other  agreement  for  such
17    period  or periods and at such rent or other consideration as
18    shall be determined by the directing body or to purchase  any
19    or  all  of  the  environmental  or hazardous waste treatment
20    facilities for a nominal amount or otherwise or  that  at  or
21    prior  to  the payment of all of the indebtedness incurred by
22    the authority for the  financing  of  such  environmental  or
23    hazardous waste treatment facilities the authority may convey
24    any  or all of the environmental or hazardous waste treatment
25    facilities to the lessee or purchaser thereof with or without
26    consideration;
27        (8)  to issue bonds for any of  its  corporate  purposes,
28    including  a  bond  issuance  for  the purpose of financing a
29    group of projects involving environmental facilities, and  to
30    refund  those  bonds,  all  as  provided  for in this Act and
31    subject to Section 13 of this Act;
32        (9)  generally to fix and revise from time  to  time  and
33    charge and collect rates, rents, fees and charges for the use
34    of   and  services  furnished  or  to  be  furnished  by  any
 
                            -48-     LRB093 13539 MKM 18882 b
 1    environmental or hazardous waste treatment  facility  or  any
 2    portion  thereof  and  to  contract  with any person, firm or
 3    corporation or  other  body  public  or  private  in  respect
 4    thereof;
 5        (10)  to   employ   consulting   engineers,   architects,
 6    attorneys,  accountants,  construction and financial experts,
 7    superintendents, managers and such other employees and agents
 8    as may  be  necessary  in  its  judgment  and  to  fix  their
 9    compensation;
10        (11)  to  receive and accept from any public agency loans
11    or  grants  for  or  in  aid  of  the  construction  of   any
12    environmental   facility  and  any  portion  thereof,  or for
13    equipping the facility, and to  receive  and  accept  grants,
14    gifts or other contributions from any source;
15        (12)  to  refund  outstanding obligations incurred by any
16    person to finance the cost of an environmental  or  hazardous
17    waste  treatment  facility including obligations incurred for
18    environmental  or  hazardous   waste   treatment   facilities
19    undertaken  and  completed prior to or after the enactment of
20    this Act when the authority finds that such financing  is  in
21    the public interest;
22        (13)  to   prohibit   the   financing   of  environmental
23    facilities  for  new  coal-fired  electric  steam  generating
24    plants and new coal-fired industrial boilers which do not use
25    Illinois coal as the primary source of fuel;
26        (14)  to set and impose appropriate  financial  penalties
27    on any person who receives financing from the State authority
28    based  on  a  commitment  to use Illinois coal as the primary
29    source of fuel at a new  coal-fired  electric  utility  steam
30    generating  plant  or  new  coal-fired  industrial boiler and
31    later uses non-Illinois coal as the primary source of fuel;
32        (15)  to fix, determine, charge and collect any premiums,
33    fees,  charges,  costs  and  expenses,   including,   without
34    limitation,  any  application  fees, program fees, commitment
 
                            -49-     LRB093 13539 MKM 18882 b
 1    fees, financing charges or  publication  fees  in  connection
 2    with its activities under this Act; all expenses of the State
 3    authority  incurred  in  carrying  out  this  Act are payable
 4    solely from funds provided under the authority  of  this  Act
 5    and  no  liability  shall be incurred by any authority beyond
 6    the extent to which moneys are provided under this Act.   All
 7    fees  and  moneys accumulated by the Authority as provided in
 8    this Act or the Illinois Finance Authority Act shall be  held
 9    outside  of  the  State  treasury  and  in the custody of the
10    Treasurer of the Authority; and
11        (16)  to do all things necessary and convenient to  carry
12    out the purposes of this Act.
13        The  State authority may not operate any environmental or
14    hazardous waste treatment facility as a business  except  for
15    the  purpose  of  protecting  or maintaining such facility as
16    security for bonds of the State authority.  No  environmental
17    or  hazardous  waste  treatment facilities completed prior to
18    January 1, 1970 may be financed by the State authority  under
19    this   Act,   but   additions   and   improvements   to  such
20    environmental or hazardous waste treatment  facilities  which
21    are  commenced  subsequent to January 1, 1970 may be financed
22    by the State authority. Any lease, sales agreement  or  other
23    financing  agreement  in  connection with an environmental or
24    hazardous waste treatment facility entered into  pursuant  to
25    this  Act  must  be  for  a term not shorter than the longest
26    maturity of any bonds issued to finance such environmental or
27    hazardous waste treatment facility or a portion  thereof  and
28    must  provide  for  rentals or other payments adequate to pay
29    the principal of and interest and premiums, if any,  on  such
30    bonds  as  the  same fall due and to create and maintain such
31    reserves and  accounts  for  depreciation,  if  any,  as  the
32    directing body determines to be necessary.
33        The  Authority shall give priority to providing financing
34    for the establishment of hazardous waste treatment facilities
 
                            -50-     LRB093 13539 MKM 18882 b
 1    necessary to  achieve  the  goals  of  Section  22.6  of  the
 2    Environmental Protection Act.
 3        The  Authority  shall give special consideration to small
 4    businesses in authorizing  the  issuance  of  bonds  for  the
 5    financing  of environmental facilities pursuant to subsection
 6    (c) of Section 2.
 7        The Authority  shall  make  a  financial  report  on  all
 8    projects financed under this Section to the General Assembly,
 9    to  the  Governor,  and  to  the Illinois Economic and Fiscal
10    Commission by April 1 of each year. Such report  shall  be  a
11    public  record  and open for inspection at the offices of the
12    Authority during normal business  hours.   The  report  shall
13    include:  (a)  all applications for loans and other financial
14    assistance presented to the members of the  Authority  during
15    such  fiscal  year, (b) all projects and owners thereof which
16    have received any  form  of  financial  assistance  from  the
17    Authority  during such year, (c) the nature and amount of all
18    such  assistance,  and  (d)  projected  activities   of   the
19    Authority  for  the next fiscal year, including projection of
20    the total amount of  loans  and  other  financial  assistance
21    anticipated   and  the  amount  of  revenue  bonds  or  other
22    evidences of indebtedness that will be necessary  to  provide
23    the  projected  level  of  assistance  during the next fiscal
24    year.
25        The requirement for reporting  to  the  General  Assembly
26    shall  be  satisfied  by filing copies of the report with the
27    Speaker, the Minority Leader and the Clerk of  the  House  of
28    Representatives  and  the  President, the Minority Leader and
29    the Secretary of the  Senate  and  the  Legislative  Research
30    Unit,  as  required  by  Section  3.1 of the General Assembly
31    Organization Act "An Act to revise the law in relation to the
32    General Assembly", approved February 25,  1874,  as  amended,
33    and  filing  such additional copies with the State Government
34    Report Distribution Center for the  General  Assembly  as  is
 
                            -51-     LRB093 13539 MKM 18882 b
 1    required  under  paragraph  (t)  of  Section  7  of the State
 2    Library Act.
 3    (Source: P.A. 93-205, eff. 1-1-04.)

 4        Section 70.  The Arts Council Act is amended by  changing
 5    Section 4 as follows:

 6        (20 ILCS 3915/4) (from Ch. 127, par. 214.14)
 7        Sec. 4.  The Council has the power and duty (a) to survey
 8    and assess the needs of the arts, both visual and performing,
 9    throughout  the  State; (b) to identify existing legislation,
10    policies and programs which affect the arts and  to  evaluate
11    their  effectiveness;  (c)  to stimulate public understanding
12    and recognition of the importance of cultural institutions in
13    Illinois;  (d)  to  promote  an  encouraging  atmosphere  for
14    creative artists residing in Illinois; (e) to  encourage  the
15    use of local resources for the development and support of the
16    arts;  and  (f)  to report to the Governor and to the General
17    Assembly biennially, on or about the third Monday in  January
18    of   each   odd-numbered   year,   the  results  of  and  its
19    recommendations based upon its investigations.
20        The requirement for reporting  to  the  General  Assembly
21    shall  be  satisfied  by filing copies of the report with the
22    Speaker, the Minority Leader and the Clerk of  the  House  of
23    Representatives  and  the  President, the Minority Leader and
24    the Secretary of the  Senate  and  the  Legislative  Research
25    Unit,  as  required  by  Section  3.1 of the General Assembly
26    Organization Act "An Act to revise the law in relation to the
27    General Assembly", approved February 25,  1874,  as  amended,
28    and  filing  such additional copies with the State Government
29    Report Distribution Center for the  General  Assembly  as  is
30    required  under  paragraph  (t)  of  Section  7  of the State
31    Library Act.
32    (Source: P.A. 84-1438.)
 
                            -52-     LRB093 13539 MKM 18882 b
 1        Section 75.  The Illinois  Criminal  Justice  Information
 2    Act is amended by changing Section 7 as follows:

 3        (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
 4        Sec. 7.  Powers and Duties.  The Authority shall have the
 5    following powers, duties and responsibilities:
 6             (a)  To    develop    and    operate   comprehensive
 7        information systems for the improvement and  coordination
 8        of  all  aspects  of  law  enforcement,  prosecution  and
 9        corrections;
10             (b)  To  define,  develop,  evaluate  and  correlate
11        State and local programs and projects associated with the
12        improvement  of law enforcement and the administration of
13        criminal justice;
14             (c)  To act as a  central  repository  and  clearing
15        house  for  federal,  state  and  local research studies,
16        plans, projects, proposals and other information relating
17        to all aspects of criminal justice system improvement and
18        to encourage educational programs for citizen support  of
19        State and local efforts to make such improvements;
20             (d)  To   undertake   research  studies  to  aid  in
21        accomplishing its purposes;
22             (e)  To monitor the operation of  existing  criminal
23        justice  information  systems  in  order  to  protect the
24        constitutional rights and privacy  of  individuals  about
25        whom   criminal   history  record  information  has  been
26        collected;
27             (f)  To provide an  effective  administrative  forum
28        for   the   protection   of  the  rights  of  individuals
29        concerning criminal history record information;
30             (g)  To issue regulations, guidelines and procedures
31        which ensure the privacy and security of criminal history
32        record information  consistent  with  State  and  federal
33        laws;
 
                            -53-     LRB093 13539 MKM 18882 b
 1             (h)  To  act  as the sole administrative appeal body
 2        in the State of Illinois to  conduct  hearings  and  make
 3        final  determinations concerning individual challenges to
 4        the completeness and accuracy of criminal history  record
 5        information;
 6             (i)  To  act as the sole, official, criminal justice
 7        body in the State  of  Illinois  to  conduct  annual  and
 8        periodic   audits   of   the  procedures,  policies,  and
 9        practices of the State central repositories for  criminal
10        history  record  information  to  verify  compliance with
11        federal and state laws  and  regulations  governing  such
12        information;
13             (j)  To  advise the Authority's Statistical Analysis
14        Center;
15             (k)  To apply  for,  receive,  establish  priorities
16        for,  allocate,  disburse  and spend grants of funds that
17        are made available by and received on or after January 1,
18        1983 from private  sources  or  from  the  United  States
19        pursuant  to  the  federal  Crime Control Act of 1973, as
20        amended, and similar federal legislation,  and  to  enter
21        into  agreements  with  the  United  States government to
22        further the purposes of this Act, or as may  be  required
23        as a condition of obtaining federal funds;
24             (l)  To  receive,  expend and account for such funds
25        of the State of Illinois as  may  be  made  available  to
26        further the purposes of this Act;
27             (m)  To  enter  into contracts and to cooperate with
28        units of general local government or combinations of such
29        units,  State  agencies,  and  criminal  justice   system
30        agencies  of other states for the purpose of carrying out
31        the duties of the Authority imposed by this Act or by the
32        federal Crime Control Act of 1973, as amended;
33             (n)  To enter  into  contracts  and  cooperate  with
34        units  of  general  local government outside of Illinois,
 
                            -54-     LRB093 13539 MKM 18882 b
 1        other states' agencies, and private organizations outside
 2        of Illinois to provide computer software or  design  that
 3        has  been  developed  for  the  Illinois criminal justice
 4        system, or to participate in the cooperative  development
 5        or  design  of  new software or systems to be used by the
 6        Illinois criminal justice system.  Revenues received as a
 7        result of such arrangements shall  be  deposited  in  the
 8        Criminal Justice Information Systems Trust Fund.
 9             (o)  To   establish   general   policies  concerning
10        criminal justice information systems  and  to  promulgate
11        such  rules,  regulations and procedures as are necessary
12        to the operation of the  Authority  and  to  the  uniform
13        consideration of appeals and audits;
14             (p)  To  advise  and  to make recommendations to the
15        Governor and the General Assembly on policies relating to
16        criminal justice information systems;
17             (q)  To  direct  all  other   agencies   under   the
18        jurisdiction   of   the   Governor  to  provide  whatever
19        assistance and information  the  Authority  may  lawfully
20        require to carry out its functions;
21             (r)  To   exercise   any   other   powers  that  are
22        reasonable and necessary to fulfill the  responsibilities
23        of  the  Authority  under this Act and to comply with the
24        requirements of applicable federal law or regulation;
25             (s)  To exercise the rights, powers and duties which
26        have been  vested  in  the  Authority  by  the  "Illinois
27        Uniform  Conviction Information Act", enacted by the 85th
28        General Assembly, as hereafter amended; and
29             (t)  To exercise the rights, powers and duties which
30        have been vested in the Authority by the  Illinois  Motor
31        Vehicle Theft Prevention Act.
32        The  requirement  for  reporting  to the General Assembly
33    shall be satisfied by filing copies of the  report  with  the
34    Speaker,  the  Minority  Leader and the Clerk of the House of
 
                            -55-     LRB093 13539 MKM 18882 b
 1    Representatives and the President, the  Minority  Leader  and
 2    the  Secretary  of  the  Senate  and the Legislative Research
 3    Unit, as required by Section  3.1  of  the  General  Assembly
 4    Organization Act "An Act to revise the law in relation to the
 5    General  Assembly",  approved  February 25, 1874, as amended,
 6    and filing such additional copies with the  State  Government
 7    Report  Distribution  Center  for  the General Assembly as is
 8    required under paragraph  (t)  of  Section  7  of  the  State
 9    Library Act.
10    (Source: P.A. 85-922; 86-1408.)

11        Section 80.  The Guardianship and Advocacy Act is amended
12    by changing Section 5 as follows:

13        (20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)
14        Sec.  5.   (a)  The Commission shall establish throughout
15    the  State  such  regions  as  it  considers  appropriate  to
16    effectuate the purposes of  the  Authority  under  this  Act,
17    taking  into  account  the  requirements of State and federal
18    statutes;  population;  civic,  health  and  social   service
19    boundaries; and other pertinent factors.
20        (b)  The  Commission  shall  act through its divisions as
21    provided in this Act.
22        (c)  The  Commission  shall  establish   general   policy
23    guidelines  for  the operation of the Legal Advocacy Service,
24    Authority and State Guardian in furtherance of this Act.  Any
25    action taken by a regional authority is subject to the review
26    and  approval  of  the  Commission.    The   Commission   may
27    disapprove  any action of a regional authority, in which case
28    the regional authority shall cease such action.
29        (d)  The Commission shall hire a Director  and  staff  to
30    carry  out  the  powers  and duties of the Commission and its
31    divisions pursuant to this Act and the rules and  regulations
32    promulgated  by  the  Commission.   All  staff other than the
 
                            -56-     LRB093 13539 MKM 18882 b
 1    Director shall be subject to the Personnel Code.
 2        (e)  The  Commission  shall  review  and   evaluate   the
 3    operations of the divisions.
 4        (f)  The   Commission   shall   operate  subject  to  the
 5    provisions of The Illinois Purchasing Act.
 6        (g)  The Commission shall prepare its budget.
 7        (h)  The Commission shall prepare an annual report on its
 8    operations and submit the report  to  the  Governor  and  the
 9    General Assembly.
10        The  requirement  for  reporting  to the General Assembly
11    shall be satisfied by filing copies of the  report  with  the
12    Speaker,  the  Minority  Leader and the Clerk of the House of
13    Representatives and the President, the  Minority  Leader  and
14    the  Secretary  of  the  Senate  and the Legislative Research
15    Unit, as required by Section  3.1  of  the  General  Assembly
16    Organization Act "An Act to revise the law in relation to the
17    General  Assembly",  approved  February  25, 1874, and filing
18    such additional  copies  with  the  State  Government  Report
19    Distribution  Center  for the General Assembly as is required
20    under paragraph (t) of Section 7 of the State Library Act.
21        (i)  The Commission shall establish rules and regulations
22    for the conduct of the work of its divisions, including rules
23    and regulations for the Legal Advocacy Service and the  State
24    Guardian   in  evaluating  an  eligible  person's  or  ward's
25    financial resources for the purpose  of  determining  whether
26    the  eligible person or ward has the ability to pay for legal
27    or guardianship services received.  The determination of  the
28    eligible person's financial ability to pay for legal services
29    shall  be based upon the number of dependents in the eligible
30    person's family  unit  and  the  income,  liquid  assets  and
31    necessary  expenses,  as prescribed by rule of the Commission
32    of: (1)  the  eligible  person;  (2)  the  eligible  person's
33    spouse;  and  (3) the parents of minor eligible persons.  The
34    determination of a ward's ability  to  pay  for  guardianship
 
                            -57-     LRB093 13539 MKM 18882 b
 1    services  shall be based upon the ward's estate.  An eligible
 2    person or ward found to have sufficient  financial  resources
 3    shall  be  required  to pay the Commission in accordance with
 4    standards established by  the  Commission.  No  fees  may  be
 5    charged  for  legal services given unless the eligible person
 6    is given notice at the start of such services that such  fees
 7    might  be  charged.   No fees may be charged for guardianship
 8    services given unless the ward is given notice of the request
 9    for fees filed with the probate court and the court  approves
10    the  amount of fees to be assessed.  All fees collected shall
11    be deposited with the  State  Treasurer  and  placed  in  the
12    Guardianship   and   Advocacy   Fund.  The  Commission  shall
13    establish rules and regulations regarding the  procedures  of
14    appeal  for  clients  prior  to  termination or suspension of
15    legal services.  Such rules and  regulations  shall  include,
16    but  not  be limited to, client notification procedures prior
17    to the actual termination, the scope  of  issues  subject  to
18    appeal, and procedures specifying when a final administrative
19    decision is made.
20        (j)  The  Commission  shall take such actions as it deems
21    necessary and appropriate to  receive  private,  federal  and
22    other  public  funds  to  help  support  the divisions and to
23    safeguard the rights of eligible persons.  Private funds  and
24    property  may be accepted, held, maintained, administered and
25    disposed of by the Commission, as trustee, for such  purposes
26    for  the  benefit  of  the  People  of  the State of Illinois
27    pursuant to the terms of the instrument granting the funds or
28    property to the Commission.
29        (k)  The Commission may expend funds  under  the  State's
30    plan  to  protect  and  advocate the rights of persons with a
31    developmental  disability  established  under   the   federal
32    Developmental    Disabilities    Services    and   Facilities
33    Construction Act  (Public  Law  94-103,  Title  II).  If  the
34    Governor  designates the Commission to be the organization or
 
                            -58-     LRB093 13539 MKM 18882 b
 1    agency to provide the services called for in the State  plan,
 2    the  Commission  shall  make  these  protection  and advocacy
 3    services available to persons with a developmental disability
 4    by referral or by  contracting  for  these  services  to  the
 5    extent  practicable.  If  the Commission is unable to so make
 6    available such protection and  advocacy  services,  it  shall
 7    provide them through persons in its own employ.
 8        (l)  The  Commission  shall,  to  the  extent  funds  are
 9    available,  monitor  issues concerning the rights of eligible
10    persons and the care and treatment provided to those persons,
11    including but not  limited  to  the  incidence  of  abuse  or
12    neglect  of eligible persons. For purposes of that monitoring
13    the Commission shall have  access  to  reports  of  suspected
14    abuse or neglect and information regarding the disposition of
15    such  reports, subject to the provisions of the Mental Health
16    and Developmental Disabilities Confidentiality Act.
17    (Source: P.A. 88-380.)

18        Section 85.  The General  Assembly  Organization  Act  is
19    amended by changing Section 3.1 as follows:

20        (25 ILCS 5/3.1) (from Ch. 63, par. 3.1)
21        Sec.  3.1.   Whenever  any  law  or resolution requires a
22    report to the General Assembly,  that  reporting  requirement
23    shall be satisfied by filing one copy of the report with each
24    of  the  following:  the Speaker, the Minority Leader and the
25    Clerk of the House of Representatives and the President,  the
26    Minority  Leader  and  the  Secretary  of  the Senate and the
27    Legislative Research Unit. In addition, the report  shall  be
28    provided  to  the  Legislative Research Unit in an electronic
29    format acceptable to the Unit.  Additional  copies  shall  be
30    filed  with  the  State Government Report Distribution Center
31    for the General Assembly as required under paragraph  (t)  of
32    Section 7 of the State Library Act.
 
                            -59-     LRB093 13539 MKM 18882 b
 1    (Source: P.A. 83-1257.)

 2        Section  90.   The Space Needs Act is amended by changing
 3    Section 3.07 as follows:

 4        (25 ILCS 125/3.07) (from Ch. 63, par. 223.07)
 5        Sec.  3.07.   To  report  to  the  General  Assembly,  by
 6    February 1 of each regular session, the progress  made  since
 7    the  making  of  the  last  report  in  providing  facilities
 8    adequate  for  the  needs  of  the legislative branch. Such a
 9    report shall  include  a  summary  of  the  findings  of  the
10    Commission  respecting  the  space  needs  of the legislative
11    branch, of the construction, remodeling or refurbishing  done
12    to  meet those needs, and of the Commission's recommendations
13    of further action necessary or desirable to meet those  needs
14    and  may  include drafts of suggested legislation appropriate
15    for those purposes.
16        The requirement for reporting  to  the  General  Assembly
17    shall  be  satisfied  by filing copies of the report with the
18    Speaker, the Minority Leader and the Clerk of  the  House  of
19    Representatives  and  the  President, the Minority Leader and
20    the Secretary of the  Senate  and  the  Legislative  Research
21    Unit,  as  required  by  Section  3.1 of the General Assembly
22    Organization Act "An Act to revise the law in relation to the
23    General Assembly", approved February 25,  1874,  as  amended,
24    and  filing  such additional copies with the State Government
25    Report Distribution Center for the  General  Assembly  as  is
26    required  under  paragraph  (t)  of  Section  7  of the State
27    Library Act.
28    (Source: P.A. 84-1438.)

29        Section 95.  The  Legislative  Commission  Reorganization
30    Act  of  1984  is amended by changing Sections 1-4 and 4-7 as
31    follows:
 
                            -60-     LRB093 13539 MKM 18882 b
 1        (25 ILCS 130/1-4) (from Ch. 63, par. 1001-4)
 2        Sec. 1-4. In addition to its general  policy  making  and
 3    coordinating  responsibilities  for  the  legislative support
 4    services agencies, the Joint Committee on Legislative Support
 5    Services shall have the  following  powers  and  duties  with
 6    respect to such agencies:
 7        (1)  To   approve  the  executive  director  pursuant  to
 8    Section 1-5(e);
 9        (2)  To establish uniform hiring practices and  personnel
10    procedures,  including affirmative action, to assure equality
11    of employment opportunity;
12        (3)  To establish uniform contract procedures,  including
13    affirmative  action,  to  assure  equality in the awarding of
14    contracts, and to maintain a list of  all  contracts  entered
15    into;
16        (4)  To  establish uniform travel regulations and approve
17    all travel outside the State of Illinois;
18        (5)  To  coordinate  all  leases  and  rental   of   real
19    property;
20        (6)  Except  as  otherwise  expressly provided by law, to
21    coordinate and serve  as  the  agency  authorized  to  assign
22    studies  to  be performed by any legislative support services
23    agency. Any study requested by resolution or joint resolution
24    of either house of the General Assembly shall be  subject  to
25    the  powers  of  the  Joint  Committee  to allocate resources
26    available  to  the  General  Assembly  hereunder;   provided,
27    however,  that  nothing herein shall be construed to preclude
28    the participation  by  public  members  in  such  studies  or
29    prohibit  their  reimbursement  for  reasonable and necessary
30    expenses in connection therewith;
31        (7)  To make  recommendations  to  the  General  Assembly
32    regarding  the  continuance of the various committees, boards
33    and  commissions  that  are  the  subject  of  the  statutory
34    provisions repealed March 31, 1985, under Article 11 of  this
 
                            -61-     LRB093 13539 MKM 18882 b
 1    Act;
 2        (8)  To assist the Auditor General as necessary to assure
 3    the   orderly   and  efficient  termination  of  the  various
 4    committees,  boards  and  commissions  that  are  subject  to
 5    Article 12 of this Act;
 6        (9)  To consider and make recommendations to the  General
 7    Assembly  regarding further reorganization of the legislative
 8    support services agencies, and other legislative  committees,
 9    boards and commissions, as it may from time to time determine
10    to be necessary;
11        (10)  To   consider   and   recommend   a   comprehensive
12    transition   plan   for   the  legislative  support  services
13    agencies, including but not limited to  issues  such  as  the
14    consolidation of the organizational structure, centralization
15    or  decentralization  of  staff,  appropriate level of member
16    participation, guidelines  for  policy  development,  further
17    reductions  which may be necessary, and measures which can be
18    taken to improve efficiency, and  ensure  accountability.  To
19    assist  in  such  recommendations  the  Joint  Committee  may
20    appoint  an  Advisory  Group.   Recommendations  of the Joint
21    Committee shall be reported to the  members  of  the  General
22    Assembly no later than November 13, 1984. The requirement for
23    reporting  to  the  General  Assembly  shall  be satisfied by
24    filing copies of the report with the  Speaker,  the  Minority
25    Leader  and the Clerk of the House of Representatives and the
26    President, the Minority  Leader  and  the  Secretary  of  the
27    Senate  and  the  Legislative  Research  Unit, as required by
28    Section 3.1 of the General  Assembly  Organization  Act,  and
29    filing  such  additional  copies  with  the  State Government
30    Report Distribution Center for the  General  Assembly  as  is
31    required  under  paragraph  (t)  of  Section  7  of the State
32    Library Act;
33        (11)  To contract for the  establishment  of  child  care
34    services  pursuant  to  the State Agency Employees Child Care
 
                            -62-     LRB093 13539 MKM 18882 b
 1    Services Act; and
 2        (12)  To use funds appropriated from the General Assembly
 3    Computer  Equipment  Revolving  Fund  for  the  purchase   of
 4    computer  equipment  for the General Assembly and for related
 5    expenses and for other operational purposes  of  the  General
 6    Assembly  in  accordance  with  Section  6 of the Legislative
 7    Information System Act.
 8    (Source: P.A. 91-357, eff. 7-29-99.)

 9        (25 ILCS 130/4-7) (from Ch. 63, par. 1004-7)
10        Sec. 4-7. The Commission shall report to the Governor and
11    to the Legislature within fifteen days after the convening of
12    each General Assembly, and at such other  time  as  it  deems
13    appropriate.   The   members   of  all  committees  which  it
14    establishes  shall  serve  without  compensation   for   such
15    service,  but  they shall be paid their necessary expenses in
16    carrying out their obligations under this Act. The Commission
17    may by contributions to the  Council  of  State  Governments,
18    participate   with  other  states  in  maintaining  the  said
19    Council's district and central secretariats,  and  its  other
20    governmental services.
21        The  requirement  for  reporting  to the General Assembly
22    shall be satisfied by filing copies of the  report  with  the
23    Speaker,  the  Minority  Leader and the Clerk of the House of
24    Representatives and the President, the  Minority  Leader  and
25    the  Secretary  of  the  Senate  and the Legislative Research
26    Unit, as required by Section  3.1  of  the  General  Assembly
27    Organization Act "An Act to revise the law in relation to the
28    General  Assembly",  approved  February 25, 1874, as amended,
29    and filing such additional copies with the  State  Government
30    Report  Distribution  Center  for  the General Assembly as is
31    required under paragraph  (t)  of  Section  7  of  the  State
32    Library Act.
33    (Source: P.A. 83-1257.)
 
                            -63-     LRB093 13539 MKM 18882 b
 1        Section  100.  The  Legislative Commission Reorganization
 2    Act of 1984 is amended by changing Sections 10-6 and 11A-2 as
 3    follows:

 4        (25 ILCS 130/10-6) (from Ch. 63, par. 1010-6)
 5        Sec. 10-6.  Within a reasonable time after  a  report  is
 6    filed  with  the  Legislative  Research Unit in an electronic
 7    format, as required by Section 3.1 of  the  General  Assembly
 8    Organization   Act,   the   Unit,  in  cooperation  with  the
 9    Legislative Information System, shall post an electronic copy
10    on  the  General  Assembly's  web   site.   Each  month   the
11    Legislative  Research  Unit  shall  prepare, in an electronic
12    format, and provide to each member of  the  General  Assembly
13    abstracts  and indexes of reports filed with it as reports to
14    the General Assembly.  The Legislative  Research  Unit  shall
15    post  the  abstracts and indexes, with the cooperation of the
16    Legislative Information System, on the General Assembly's web
17    site, and shall include hyperlinks to the full text  of  each
18    report.  With  such  abstracts  and  indexes  the Legislative
19    Research Unit shall include a convenient form by  which  each
20    member  of  the  General Assembly may request, from the State
21    Government Report Distribution Center in the  State  Library,
22    copies of such reports as the member may wish to receive. For
23    the purpose of receiving reports filed under this Section the
24    Legislative  Research  Unit  shall  succeed to the powers and
25    duties formerly exercised by the Legislative Council.
26    (Source: P.A. 83-1257.)

27        (25 ILCS 130/11A-2) (from Ch. 63, par. 1011A-2)
28        Sec. 11A-2.  (a) There  are  hereby  created  7  Citizens
29    Advocacy Councils, to be known as:
30        (1)  The Citizens Council on Children;
31        (2)  The Citizens Council on Economic Development;
32        (3)  The Citizens Council on Energy Resources;
 
                            -64-     LRB093 13539 MKM 18882 b
 1        (4)  The   Citizens   Council   on   Mental   Health  and
 2    Developmental Disabilities;
 3        (5)  The Citizens Council on Public Aid;
 4        (6)  The Citizens Council on School Problems; and
 5        (7)  The Citizens Council on Women.
 6        (b)  Each citizens council shall consist of  16  members,
 7    of  whom  four shall be appointed by the Speaker of the House
 8    of Representatives, four shall be appointed by  the  Minority
 9    Leader  of  the  House  of  Representatives,  four  shall  be
10    appointed  by  the President of the Senate, and four shall be
11    appointed  by  the  Minority  Leader  of  the  Senate.   Each
12    appointing authority may appoint no more than two members  of
13    the  General Assembly to serve on each citizens council.  All
14    appointments shall be in writing and filed with the Secretary
15    of State as a public record.
16        Any vacancy shall be filled by appointment  in  the  same
17    manner  as  the  original  appointment.   In  the  case of an
18    appointment of a member of the General  Assembly,  a  vacancy
19    shall  exist  when  a  member  no  longer  holds  the elected
20    legislative office held at the time of the appointment.
21        Members appointed other than to fill a vacancy  shall  be
22    appointed  for  a  2-year  term.   The  term  of all members,
23    whether appointed to  fill  a  vacancy  or  otherwise,  shall
24    expire on February 1 of each odd-numbered year.
25        The  members of each citizens council shall elect, during
26    February of each odd-numbered year, two  co-chairpersons  and
27    such   other   officers   as   they   deem   necessary.   The
28    co-chairpersons of a citizens  council  may  not  be  members
29    appointed  by  the  same legislative leader, or by leaders of
30    the same political party or of the same house of the  General
31    Assembly.  If members of any citizens council cannot agree on
32    two  co-chairpersons  by  September 1, 1985, or by March 1 of
33    any subsequent odd-numbered year, they shall be selected from
34    among the members  by  the  Joint  Committee  on  Legislative
 
                            -65-     LRB093 13539 MKM 18882 b
 1    Support  Services.   Each  citizens  council shall conduct at
 2    least four public hearings annually or more  often  upon  the
 3    call  of  the  chair  or  any  nine  members.   A quorum of a
 4    citizens council shall consist of nine members.
 5        Members of the  citizens  councils  shall  serve  without
 6    compensation,  but  shall be reimbursed for expenses incurred
 7    in carrying out the duties of the citizens councils  pursuant
 8    to  rules  and  regulations adopted by the Joint Committee on
 9    Legislative Support  Services  for  the  legislative  support
10    service agencies.
11        (c)  Each  citizens  council  shall  oversee,  direct and
12    approve all  studies  and  responsibilities  it  assigns  the
13    Citizens  Assembly, including a review of federal legislation
14    and programs that pertain to its  subject  matter;  provided,
15    however,  that  this  shall not be construed to supersede the
16    authority granted the Citizens Assembly by law or  rules  and
17    regulations  adopted  by  the  Joint Committee on Legislative
18    Support Services.
19        (d)  Each citizens council, upon completion of any study,
20    shall report its findings and recommendations to the  General
21    Assembly.   The  requirement  for  reporting  to  the General
22    Assembly shall be satisfied by filing copies  of  the  report
23    with  the  Speaker,  the Minority Leader and the Clerk of the
24    House of Representatives, and  the  President,  the  Minority
25    Leader  and  the Secretary of the Senate, and the Legislative
26    Research Unit, as required by  Section  3.1  of  the  General
27    Assembly  Organization  Act  "An  Act  to  revise  the law in
28    relation to the  General  Assembly",  approved  February  25,
29    1874,  as amended, and filing such additional copies with the
30    State Government Report Distribution Center for  the  General
31    Assembly  as may be required under paragraph (t) of Section 7
32    of the State Library Act.
33    (Source: P.A. 85-379.)
 
                            -66-     LRB093 13539 MKM 18882 b
 1        Section 105.  The Legislative  Reference  Bureau  Act  is
 2    amended by changing Sections 5.05 and 5.07 as follows:

 3        (25 ILCS 135/5.05) (from Ch. 63, par. 29.5)
 4        Sec. 5.05.  Case Report. The Legislative Reference Bureau
 5    shall  review  all  reported decisions of Federal courts, the
 6    Illinois Supreme Court, and the Illinois Appellate Court that
 7    affect the interpretation of  the  Illinois  Constitution  or
 8    statutes  and shall report the results of its research to the
 9    General Assembly by December 31  of  each  year.  The  report
10    shall  recommend  any  necessary technical corrections in the
11    Illinois laws to comply with the decisions and may point  out
12    where  substantive  issues arise, without making any judgment
13    on those issues. The requirement for reporting to the General
14    Assembly shall be satisfied by filing copies of the report as
15    required by Section 3.1 of the General Assembly  Organization
16    Act and paragraph (t) of Section 7 of the State Library Act.
17    (Source: P.A. 87-918.)

18        (25 ILCS 135/5.07) (from Ch. 63, par. 29.7)
19        Sec.  5.07. Uniform State Laws. The Legislative Reference
20    Bureau shall examine all  subjects  on  which  uniformity  is
21    desirable with the laws of other states to ascertain the best
22    means  to  effect  uniformity  in the laws of the States. The
23    Legislative   Reference   Bureau    shall    supervise    the
24    participation  of  the  State  of  Illinois  in  the National
25    Conference  of  Commissioners  on  Uniform  State  Laws.   To
26    represent the State of Illinois on the National Conference of
27    Commissioners  on  Uniform  State  Laws,  there  shall  be  9
28    persons: 5 persons appointed by the Governor and one each  by
29    the  President of the Senate, the Senate Minority Leader, the
30    Speaker of the House, and  the  House  Minority  Leader,  who
31    shall  hold office for the term of 4 years, respectively, and
32    until their  successors  are  appointed,  and  the  Executive
 
                            -67-     LRB093 13539 MKM 18882 b
 1    Director of the Legislative Reference Bureau, who shall be an
 2    ex-officio   member   of   the   National  Conference.    The
 3    Legislative Reference Bureau shall report to the Governor  by
 4    December  31  of each year, and the Governor shall submit the
 5    report  to   the   General   Assembly   with   his   or   her
 6    recommendations,  if  any,  in  reference  to the report. The
 7    requirement for reporting to the General  Assembly  shall  be
 8    satisfied  by  filing  copies  of  the  report as required by
 9    Section 3.1 of the  General  Assembly  Organization  Act  and
10    paragraph (t) of Section 7 of the State Library Act.
11    (Source: P.A. 87-918.)

12        Section  110.   The Legislative Information System Act is
13    amended by changing Section 5.07 as follows:

14        (25 ILCS 145/5.07) (from Ch. 63, par. 42.15-7)
15        Sec. 5.07.  To make a  biennial  report  to  the  General
16    Assembly,  by  April 1 of each odd-numbered year, summarizing
17    its  accomplishments  in  the  preceding  2  years  and   its
18    recommendations,   including   any  proposed  legislation  it
19    considers necessary or desirable to effectuate  the  purposes
20    of this Act.
21        The  requirement  for  reporting  to the General Assembly
22    shall be satisfied by filing copies of the  report  with  the
23    Speaker,  the  Minority  Leader and the Clerk of the House of
24    Representatives and the President, the  Minority  Leader  and
25    the  Secretary  of  the  Senate  and the Legislative Research
26    Unit, as required by Section  3.1  of  the  General  Assembly
27    Organization Act "An Act to revise the law in relation to the
28    General  Assembly",  approved  February 25, 1874, as amended,
29    and filing such additional copies with the  State  Government
30    Report  Distribution  Center  for  the General Assembly as is
31    required under paragraph  (t)  of  Section  7  of  the  State
32    Library Act.
 
                            -68-     LRB093 13539 MKM 18882 b
 1    (Source: P.A. 84-1438.)

 2        Section  115.   The  Legislative  Audit Commission Act is
 3    amended by changing Section 3 as follows:

 4        (25 ILCS 150/3) (from Ch. 63, par. 106)
 5        Sec. 3.  The Commission shall receive the reports of  the
 6    Auditor  General  and  other  financial  statements and shall
 7    determine what remedial measures, if  any,  are  needed,  and
 8    whether  special studies and investigations are necessary. If
 9    the Commission shall deem such studies and investigations  to
10    be  necessary,  the Commission may direct the Auditor General
11    to undertake such studies or investigations.
12        When a disagreement between the Audit Commission  and  an
13    agency  under  the  Governor's  jurisdiction  arises  in  the
14    process  of  the  Audit  Commission's review of audit reports
15    relating to such agency, the Audit Commission shall  promptly
16    advise  the  Governor  of  such  areas  of  disagreement. The
17    Governor shall respond  to  the  Audit  Commission  within  a
18    reasonable  period  of  time,  and  in no event later than 60
19    days,  expressing  his  views  concerning   such   areas   of
20    disagreement  and  indicating  the corrective action taken by
21    his office with reference thereto or, if no action is  taken,
22    indicating the reasons therefor.
23        The Audit Commission also promptly shall advise all other
24    responsible   officials   of   the  Executive,  Judicial  and
25    Legislative branches of the  State  government  of  areas  of
26    disagreement  arising  in  the  process  of  the Commission's
27    review of their respective audit reports. With  reference  to
28    his  particular  office, each such responsible official shall
29    respond to the Audit Commission within a reasonable period of
30    time, and in no event later than 60 days, expressing his view
31    concerning such areas  of  disagreement  and  indicating  the
32    corrective action taken with reference thereto or stating the
 
                            -69-     LRB093 13539 MKM 18882 b
 1    reasons that no action has been taken.
 2        The Commission shall report its activities to the General
 3    Assembly  including  such remedial measures as it deems to be
 4    necessary. The report of the Commission shall be made to  the
 5    General  Assembly  not less often than annually and not later
 6    than March 1 in each year.
 7        The requirement for reporting  to  the  General  Assembly
 8    shall  be  satisfied  by filing copies of the report with the
 9    Speaker, the Minority Leader and the Clerk of  the  House  of
10    Representatives  and  the  President, the Minority Leader and
11    the Secretary of the  Senate  and  the  Legislative  Research
12    Unit,  as  required  by  Section  3.1 of the General Assembly
13    Organization Act "An Act to revise the law in relation to the
14    General Assembly", approved February 25,  1874,  as  amended,
15    and  filing  such additional copies with the State Government
16    Report Distribution Center for the  General  Assembly  as  is
17    required  under  paragraph  (t)  of  Section  7  of the State
18    Library Act.
19        In addition, the Commission has  the  powers  and  duties
20    provided for in the "Illinois State Auditing Act", enacted by
21    the 78th General Assembly, and, if the provisions of that Act
22    are conflict with those of this Act, that Act prevails.
23    (Source: P.A. 84-1438.)

24        Section 120.  The Illinois Economic and Fiscal Commission
25    Act is amended by changing Sections 3 and 4 as follows:

26        (25 ILCS 155/3) (from Ch. 63, par. 343)
27        Sec. 3.  The Commission shall:
28        (1)  Study  from  time  to time and report to the General
29    Assembly on economic development and trends in the State.
30        (2)  Make such special economic and fiscal studies as  it
31    deems appropriate or desirable or as the General Assembly may
32    request.
 
                            -70-     LRB093 13539 MKM 18882 b
 1        (3)  Based  on  its  studies, recommend such State fiscal
 2    and economic policies as it deems appropriate or desirable to
 3    improve the functioning of State government and  the  economy
 4    of the various regions within the State.
 5        (4)  Prepare annually a State economic report.
 6        (5)  Provide  information for all appropriate legislative
 7    organizations and personnel on economic trends in relation to
 8    long range planning and budgeting.
 9        (6)  Study and make  such  recommendations  as  it  deems
10    appropriate  to  the  General  Assembly on local and regional
11    economic and fiscal policy and on federal fiscal policy as it
12    may affect Illinois.
13        (7)  Review  capital  expenditures,  appropriations   and
14    authorizations  for  both  the State's general obligation and
15    revenue  bonding  authorities.  At  the  direction   of   the
16    Commission, specific reviews may include economic feasibility
17    reviews  of  existing  or  proposed  revenue bond projects to
18    determine the accuracy of the  original  estimate  of  useful
19    life of the projects, maintenance requirements and ability to
20    meet   debt  service  requirements  through  their  operating
21    expenses.
22        (8)  Receive and review all executive agency and  revenue
23    bonding  authority  annual  and 3 year plans.  The Commission
24    shall prepare  a  consolidated  review  of  these  plans,  an
25    updated  assessment  of current State agency capital plans, a
26    report on the outstanding and unissued  bond  authorizations,
27    an  evaluation  of the State's ability to market further bond
28    issues and shall submit them as the "Legislative Capital Plan
29    Analysis" to the House and Senate  Appropriations  Committees
30    at  least  once a year.  The Commission shall annually submit
31    to the General Assembly on the first  Wednesday  of  April  a
32    report   on   the   State's  long-term  capital  needs,  with
33    particular emphasis upon and detail of the 5-year  period  in
34    the immediate future.
 
                            -71-     LRB093 13539 MKM 18882 b
 1        (9)  Study  and make recommendations it deems appropriate
 2    to the General Assembly on State bond financing,  bondability
 3    guidelines,  and  debt  management.   At the direction of the
 4    Commission,  specific  studies  and  reviews  may  take  into
 5    consideration  short  and  long-run  implications  of   State
 6    bonding and debt management policy.
 7        (10)  Comply  with  the  provisions  of  the  "State Debt
 8    Impact Note Act" as now or hereafter amended.
 9        (11)  Comply with the provisions of  the  Pension  Impact
10    Note Act, as now or hereafter amended.
11        (12)  By  August  1st  of  each year, the Commission must
12    prepare and cause to be published a summary report  of  State
13    appropriations  for  the  State  fiscal  year  beginning  the
14    previous  July  1st.   The  summary report must discuss major
15    categories of appropriations, the issues the General Assembly
16    faced  in   allocating   appropriations,   comparisons   with
17    appropriations  for  previous  State  fiscal years, and other
18    matters helpful in providing the citizens of Illinois with an
19    overall understanding of appropriations for that fiscal year.
20    The summary report must be  written  in  plain  language  and
21    designed  for readability.  Publication must be in newspapers
22    of general circulation in the various areas of the  State  to
23    ensure  distribution statewide.  The summary report must also
24    be published on the General Assembly's web site.
25        The requirement for reporting  to  the  General  Assembly
26    shall  be  satisfied  by filing copies of the report with the
27    Speaker, the Minority Leader and the Clerk of  the  House  of
28    Representatives  and  the  President, the Minority Leader and
29    the Secretary of the  Senate  and  the  Legislative  Research
30    Unit,  as  required  by  Section  3.1 of the General Assembly
31    Organization Act "An Act to revise the law in relation to the
32    General Assembly", approved February 25,  1874,  as  amended,
33    and  filing  such additional copies with the State Government
34    Report Distribution Center for the  General  Assembly  as  is
 
                            -72-     LRB093 13539 MKM 18882 b
 1    required  under  paragraph  (t)  of  Section  7  of the State
 2    Library Act.
 3    (Source: P.A. 92-67, eff. 7-12-01.)

 4        (25 ILCS 155/4) (from Ch. 63, par. 344)
 5        Sec.  4.  (a)  The  Commission  shall  publish,  at   the
 6    convening  of each regular session of the General Assembly, a
 7    report  on  the  estimated  income  of  the  State  from  all
 8    applicable revenue sources for the next ensuing  fiscal  year
 9    and  of  any  other  funds estimated to be available for such
10    fiscal year. On  the  third  Wednesday  in  March  after  the
11    session  convenes,  the  Commission shall issue a revised and
12    updated  set  of  revenue  figures  reflecting   the   latest
13    available   information.   The  House  and  Senate  by  joint
14    resolution shall adopt or modify such  estimates  as  may  be
15    appropriate.   The  joint  resolution  shall  constitute  the
16    General Assembly's estimate, under paragraph (b) of Section 2
17    of Article VIII of the Constitution, of the  funds  estimated
18    to be available during the next fiscal year.
19        (b)  On  the  third  Wednesday  in  March, the Commission
20    shall issue estimated:
21             (1)  pension funding requirements under P.A. 86-273;
22        and
23             (2)  liabilities of the State employee group  health
24        insurance program.
25        These  estimated  costs  shall  be  for  the  fiscal year
26    beginning the following July 1.
27        (c)  The  requirement  for  reporting  to   the   General
28    Assembly  shall  be  satisfied by filing copies of the report
29    with the Speaker, the Minority Leader and the  Clerk  of  the
30    House  of  Representatives  and  the  President, the Minority
31    Leader and the Secretary of the Senate  and  the  Legislative
32    Research  Unit,  as  required  by  Section 3.1 of the General
33    Assembly Organization Act  "An  Act  to  revise  the  law  in
 
                            -73-     LRB093 13539 MKM 18882 b
 1    relation  to  the  General  Assembly",  approved February 25,
 2    1874, as amended, and filing such additional copies with  the
 3    State  Government  Report Distribution Center for the General
 4    Assembly as is required under paragraph (t) of Section  7  of
 5    the State Library Act.
 6    (Source: P.A. 87-1142.)

 7        Section  125.  The Illinois State Auditing Act is amended
 8    by changing Section 3-15 as follows:

 9        (30 ILCS 5/3-15) (from Ch. 15, par. 303-15)
10        Sec. 3-15.  Reports of Auditor General. By March 1,  each
11    year, the Auditor General shall submit to the Commission, the
12    General   Assembly   and   the   Governor  an  annual  report
13    summarizing all audits, investigations  and  special  studies
14    made under this Act during the last preceding calendar year.
15        Once  each  3 months, the Auditor General shall submit to
16    the Commission a quarterly report concerning the operation of
17    his office, including relevant fiscal and personnel  matters,
18    details  of  any  contractual  services  utilized during that
19    period, a summary of audits and studies still in process  and
20    such other information as the Commission requires.
21        The  Auditor  General  shall  prepare and distribute such
22    other reports as may be required by the Commission.
23        All post audits directed by resolution of  the  House  or
24    Senate  shall  be  reported  to  the  members  of the General
25    Assembly,   unless   the   directing   resolution   specifies
26    otherwise.
27        The requirement for reporting  to  the  General  Assembly
28    shall  be  satisfied  by filing copies of the report with the
29    Speaker, the Minority Leader and the Clerk of  the  House  of
30    Representatives  and  the  President, the Minority Leader and
31    the Secretary of the  Senate  and  the  Legislative  Research
32    Unit,  as  required  by  Section  3.1 of the General Assembly
 
                            -74-     LRB093 13539 MKM 18882 b
 1    Organization Act "An Act to revise the law in relation to the
 2    General Assembly", approved February 25,  1874,  as  amended,
 3    and  filing  such additional copies with the State Government
 4    Report Distribution Center for the  General  Assembly  as  is
 5    required  under  paragraph  (t)  of  Section  7  of the State
 6    Library Act.
 7    (Source: P.A. 84-1438.)

 8        Section 130.  The Intergovernmental Drug Laws Enforcement
 9    Act is amended by changing Section 6 as follows:

10        (30 ILCS 715/6) (from Ch. 56 1/2, par. 1706)
11        Sec. 6.  The Director shall  report  annually,  no  later
12    than  February 1, to the Governor and the General Assembly on
13    the  operations  of  the  Metropolitan  Enforcement   Groups,
14    including  a  breakdown  of the appropriation for the current
15    fiscal year indicating the amount of the State grant each MEG
16    received or will receive.
17        The requirement for reporting  to  the  General  Assembly
18    shall  be  satisfied  by filing copies of the report with the
19    Speaker, the Minority Leader and the Clerk of  the  House  of
20    Representatives  and  the  President, the Minority Leader and
21    the Secretary of the  Senate  and  the  Legislative  Research
22    Unit,  as  required  by  Section  3.1 of the General Assembly
23    Organization Act "An Act to revise the law in relation to the
24    General Assembly", approved February 25,  1874,  as  amended,
25    and  filing  such additional copies with the State Government
26    Report Distribution Center for the  General  Assembly  as  is
27    required  under  paragraph  (t)  of  Section  7  of the State
28    Library Act.
29    (Source: P.A. 84-1438.)

30        Section 135.   The  State  Mandates  Act  is  amended  by
31    changing Section 7 as follows:
 
                            -75-     LRB093 13539 MKM 18882 b
 1        (30 ILCS 805/7) (from Ch. 85, par. 2207)
 2        Sec.  7.   Review  of Existing Mandates. (a) Concurrently
 3    with, or within 3 months subsequent to the publication  of  a
 4    catalog  of State mandates as prescribed in subsection (b) of
 5    Section 4 the Department shall submit to the Governor and the
 6    General Assembly a review  and  report  on  mandates  enacted
 7    prior  to  the  effective  date  of this Act and remaining in
 8    effect at the time of submittal of the report.
 9        (b)  The  report  shall  include  for  each  mandate  the
10    following:  (1)  The   factual   information   specified   in
11    subsection  (b)  of  Section 4 for the catalog; (2) extent to
12    which the enactment of the mandate was requested,  supported,
13    encouraged   or   opposed   by  local  governments  or  their
14    respective organization; (3) whether the mandate continues to
15    meet a Statewide policy objective or has achieved the initial
16    policy intent in whole or in part; (4) amendments if any  are
17    required  to make the mandate more effective; (5) whether the
18    mandate should be retained or rescinded;  (6)  whether  State
19    financial  participation  in  helping  meet  the identifiable
20    increased local costs arising  from  the  mandate  should  be
21    initiated,  and  if  so,  recommended  ratios  and phasing-in
22    schedules; and (7) any other information  or  recommendations
23    which the Department considers pertinent.
24        (c)  The  appropriate  committee  of  each  house  of the
25    General Assembly shall review the report and  shall  initiate
26    such legislation or other action as it deems necessary.
27        The  requirement  for  reporting  to the General Assembly
28    shall be satisfied by filing copies of the  report  with  the
29    Speaker,  the  Minority  Leader and the Clerk of the House of
30    Representatives and the President, the Minority  Leader,  the
31    Secretary  of  the  Senate,  the  members  of  the committees
32    required to review the report under subsection  (c)  and  the
33    Legislative  Research Unit, as required by Section 3.1 of the
34    General Assembly Organization Act "An Act to revise  the  law
 
                            -76-     LRB093 13539 MKM 18882 b
 1    in  relation  to the General Assembly", approved February 25,
 2    1874, as amended, and filing such additional copies with  the
 3    State  Government  Report Distribution Center for the General
 4    Assembly as is required under paragraph (t) of Section  7  of
 5    the State Library Act.
 6    (Source: P.A. 84-1438.)

 7        Section  140.   The  Illinois  Pension Code is amended by
 8    changing  Sections  1A-108,  5-226,  6-220,  and  21-120   as
 9    follows:

10        (40 ILCS 5/1A-108)
11        Sec. 1A-108. Report to the Governor and General Assembly.
12    On  or  before October 1 following the convening of a regular
13    session of the General Assembly, the Division shall submit  a
14    report to the Governor and General Assembly setting forth the
15    latest financial statements on the pension funds operating in
16    the  State  of  Illinois, a summary of the current provisions
17    underlying these funds, and a report on any changes that have
18    occurred in these provisions since the date of the last  such
19    report submitted by the Division.
20        The report shall also include the results of examinations
21    made  by  the  Division  of any pension fund and any specific
22    recommendations for legislative and administrative correction
23    that the Division deems necessary.   The  report  may  embody
24    general  recommendations  concerning desirable changes in any
25    existing pension, annuity, or  retirement  laws  designed  to
26    standardize   and   establish   uniformity   in  their  basic
27    provisions and to bring about an improvement in the financial
28    condition of  the  pension  funds.   The  purposes  of  these
29    recommendations  and  the  objectives sought shall be clearly
30    expressed in the report.
31        The requirement for reporting  to  the  General  Assembly
32    shall  be  satisfied  by filing copies of the report with the
 
                            -77-     LRB093 13539 MKM 18882 b
 1    Speaker, the Minority Leader, and the Clerk of the  House  of
 2    Representatives,  the President, the Minority Leader, and the
 3    Secretary of the Senate, and the Legislative  Research  Unit,
 4    as   required   by   Section  3.1  of  the  General  Assembly
 5    Organization Act, and filing additional copies with the State
 6    Government  Report  Distribution  Center  for   the   General
 7    Assembly  as required under paragraph (t) of Section 7 of the
 8    State Library Act.
 9        Upon request, the Division  shall  distribute  additional
10    copies  of  the  report at no charge to the secretary of each
11    pension fund established under Article 3 or 4, the  treasurer
12    or  fiscal  officer  of each municipality with an established
13    police or firefighter pension fund, the executive director of
14    every other pension fund established under this Code, and  to
15    public  libraries,  State  agencies, and police, firefighter,
16    and municipal organizations  active  in  the  public  pension
17    area.
18    (Source: P.A. 90-507, eff. 8-22-97.)

19        (40 ILCS 5/5-226) (from Ch. 108 1/2, par. 5-226)
20        Sec.  5-226.   Examination  and  report  by  Director  of
21    Insurance.  The Director of Insurance biennially shall make a
22    thorough  examination  of  the  fund  provided  for  in  this
23    Article. He or she shall report the results thereof with such
24    recommendations as he or she deems proper to the Governor for
25    transmittal to the General Assembly, and send a copy  to  the
26    board  and  to the city council of the city. The city council
27    shall file such report and recommendations  in  the  official
28    record of its proceedings.
29        The  requirement  for  reporting  to the General Assembly
30    shall be satisfied by filing copies of the  report  with  the
31    Speaker,  the  Minority  Leader and the Clerk of the House of
32    Representatives and the President, the  Minority  Leader  and
33    the  Secretary  of  the  Senate  and the Legislative Research
 
                            -78-     LRB093 13539 MKM 18882 b
 1    Unit, as required by Section  3.1  of  the  General  Assembly
 2    Organization Act "An Act to revise the law in relation to the
 3    General  Assembly",  approved  February 25, 1874, as amended,
 4    and filing such additional copies with the  State  Government
 5    Report  Distribution  Center  for  the General Assembly as is
 6    required under paragraph  (t)  of  Section  7  of  the  State
 7    Library Act.
 8    (Source: P.A. 84-1438.)

 9        (40 ILCS 5/6-220) (from Ch. 108 1/2, par. 6-220)
10        Sec.  6-220.   Examination  and  report  by  director  of
11    insurance.  The Director of Insurance biennially shall make a
12    thorough  examination  of  the  fund  provided  for  in  this
13    Article. He or she shall report the results thereof with such
14    recommendations as he or she deems proper to the Governor for
15    transmittal to the General Assembly and send a  copy  to  the
16    board  and  to the city council of the city. The city council
17    shall file such report and recommendations  in  the  official
18    record of its proceedings.
19        The  requirement  for  reporting  to the General Assembly
20    shall be satisfied by filing copies of the  report  with  the
21    Speaker,  the  Minority  Leader and the Clerk of the House of
22    Representatives and the President, the  Minority  Leader  and
23    the  Secretary  of  the  Senate  and the Legislative Research
24    Unit, as required by Section  3.1  of  the  General  Assembly
25    Organization Act "An Act to revise the law in relation to the
26    General  Assembly",  approved  February 25, 1874, as amended,
27    and filing such additional copies with the  State  Government
28    Report  Distribution  Center  for  the General Assembly as is
29    required under paragraph  (t)  of  Section  7  of  the  State
30    Library Act.
31    (Source: P.A. 84-1438.)

32        (40 ILCS 5/21-120) (from Ch. 108 1/2, par. 21-120)
 
                            -79-     LRB093 13539 MKM 18882 b
 1        Sec.  21-120.   Report.  The  State Agency shall submit a
 2    report to the General  Assembly  at  the  beginning  of  each
 3    Regular Session, covering the administration and operation of
 4    this  Article  during  the preceding biennium, including such
 5    recommendations  for  amendments  to  this  Article   as   it
 6    considers proper.
 7        The  requirement  for  reporting  to the General Assembly
 8    shall be satisfied by filing copies of the  report  with  the
 9    Speaker,  the  Minority  Leader and the Clerk of the House of
10    Representatives and the President, the  Minority  Leader  and
11    the  Secretary  of  the  Senate  and the Legislative Research
12    Unit, as required by Section  3.1  of  the  General  Assembly
13    Organization Act "An Act to revise the law in relation to the
14    General  Assembly",  approved  February 25, 1874, as amended,
15    and filing such additional copies with the  State  Government
16    Report  Distribution  Center  for  the General Assembly as is
17    required under paragraph  (t)  of  Section  7  of  the  State
18    Library Act.
19    (Source: P.A. 84-1028.)

20        Section  145.   The Illinois Fire Protection Training Act
21    is amended by changing

22        (50 ILCS 740/13) (from Ch. 85, par. 543)
23        Sec. 13.  Additional powers and Duties.  In  addition  to
24    the  other powers and duties given to the Office by this Act,
25    the Office:
26        (1)  may employ a Director  of  Personnel  Standards  and
27    Education   and   other   necessary  clerical  and  technical
28    personnel;
29        (2)  may make such reports  and  recommendations  to  the
30    Governor   and   the  General  Assembly  in  regard  to  fire
31    protection  personnel,  standards,  education,  and   related
32    topics as it deems proper;
 
                            -80-     LRB093 13539 MKM 18882 b
 1        (3)  shall   report  to  the  Governor  and  the  General
 2    Assembly no later than March 1 of each year the  affairs  and
 3    activities of the Office for the preceding year.
 4        The  requirement  for  reporting  to the General Assembly
 5    shall be satisfied by filing copies of the  report  with  the
 6    Speaker,  the  Minority  Leader and the Clerk of the House of
 7    Representatives and the President, the  Minority  Leader  and
 8    the  Secretary  of  the  Senate  and the Legislative Research
 9    Unit, as required by Section  3.1  of  the  General  Assembly
10    Organization Act "An Act to revise the law in relation to the
11    General  Assembly",  approved  February 25, 1874, as amended,
12    and filing such additional copies with the  State  Government
13    Report  Distribution  Center  for  the General Assembly as is
14    required under paragraph  (t)  of  Section  7  of  the  State
15    Library Act.
16    (Source: P.A. 84-1438.)

17        Section  150.   The  Emergency  Telephone  System  Act is
18    amended by changing Section 13 as follows:

19        (50 ILCS 750/13) (from Ch. 134, par. 43)
20        Sec. 13.  On or before February 16, 1979, and again on or
21    before February 16, 1981, the Commission shall report to  the
22    General  Assembly  the  progress  in  the  implementation  of
23    systems required by this Act.  Such reports shall contain his
24    recommendations for additional legislation.
25        In   December  of  1979  and  in  December  of  1980  the
26    Commission, with the advice and assistance  of  the  Attorney
27    General,  shall  submit  recommendations to the Bureau of the
28    Budget (now Governor's Office of Management and  Budget)  and
29    to  the  Governor  specifying  amounts  necessary  to further
30    implement the organization of telephone systems specified  in
31    this  Act  during  the  succeeding  fiscal  year.  The report
32    specified in this paragraph shall contain,  in  addition,  an
 
                            -81-     LRB093 13539 MKM 18882 b
 1    estimate  of the fiscal impact to local public agencies which
 2    will be caused by implementation of this Act.
 3        By  March  1  in  1979  and  every   even-numbered   year
 4    thereafter,  each  telephone company shall file a report with
 5    the Commission and the General Assembly specifying,  in  such
 6    detail  as the Commission has by rule or regulation required,
 7    the extent to which it has implemented  a  planned  emergency
 8    telephone  system and its projected further implementation of
 9    such a system.
10        The requirement for reporting  to  the  General  Assembly
11    shall  be  satisfied  by filing copies of the report with the
12    Speaker, the Minority Leader and the Clerk of  the  House  of
13    Representatives  and  the  President, the Minority Leader and
14    the Secretary of the  Senate  and  the  Legislative  Research
15    Unit,  as  required  by  Section  3.1 of the General Assembly
16    Organization Act "An Act to revise the law in relation to the
17    General Assembly", approved February 25,  1874,  as  amended,
18    and  filing  such additional copies with the State Government
19    Report Distribution Center for the  General  Assembly  as  is
20    required  under  paragraph  (t)  of  Section  7  of the State
21    Library Act.
22    (Source: P.A. 84-1438; revised 8-23-03.)

23        Section 155.  The Illinois Municipal Code is  amended  by
24    changing Section 11-4-5 as follows:

25        (65 ILCS 5/11-4-5) (from Ch. 24, par. 11-4-5)
26        Sec.  11-4-5.  The books of the house of correction shall
27    be kept so as to clearly exhibit the state of the  prisoners,
28    the  number  received  and discharged, the number employed as
29    servants or in cultivating or  improving  the  premises,  the
30    number  employed  in  each branch of industry carried on, and
31    the receipts from, and expenditures for, and on  account  of,
32    each  department  of  business,  or  for  improvement  of the
 
                            -82-     LRB093 13539 MKM 18882 b
 1    premises. A quarterly statement  shall  be  made  out,  which
 2    shall  specify  minutely, all receipts and expenditures, from
 3    whom received and to whom paid, and for what purpose,  proper
 4    vouchers  for  each,  to  be  audited  and  certified  by the
 5    inspectors, and submitted to the comptroller of the city, and
 6    by him or her, to  the  corporate  authorities  thereof,  for
 7    examination  and  approval.  The  accounts  of  the  house of
 8    correction shall be annually closed and balanced on the first
 9    day of January of  each  year,  and  a  full  report  of  the
10    operations  of  the  preceding  year  shall  be  made out and
11    submitted to the corporate authorities of the  city,  and  to
12    the  Governor of the state, to be transmitted by the Governor
13    to the General Assembly.
14        The requirement for reporting  to  the  General  Assembly
15    shall  be  satisfied  by filing copies of the report with the
16    Speaker, the Minority Leader and the Clerk of  the  House  of
17    Representatives  and  the  President, the Minority Leader and
18    the Secretary of the  Senate  and  the  Legislative  Research
19    Unit,  as  required  by  Section  3.1 of the General Assembly
20    Organization Act "An Act to revise the law in relation to the
21    General Assembly", approved February 25,  1874,  as  amended,
22    and  filing  such additional copies with the State Government
23    Report Distribution Center for the  General  Assembly  as  is
24    required  under  paragraph  (t)  of  Section  7  of the State
25    Library Act.
26    (Source: P.A. 84-1438.)

27        Section 160.  The Interstate Airport Authorities  Act  is
28    amended by changing Section 2 as follows:

29        (70 ILCS 10/2) (from Ch. 15 1/2, par. 252)
30        Sec.  2.   (a)  Governmental  units  in each of the party
31    states are hereby authorized to combine in the creation of an
32    airport authority for the purpose of jointly  supporting  and
 
                            -83-     LRB093 13539 MKM 18882 b
 1    operating  an  airport  terminal  and all properties attached
 2    thereto. The  number  of  such  governmental  units  are  not
 3    limited  as to character or size except that membership shall
 4    be composed of an equal number of  members  from  each  party
 5    state, designated or appointed by the legislative body of the
 6    participating  governmental  unit: Provided, That the federal
 7    government may  be  represented  by  a  non-voting  agent  or
 8    representative if authorized by federal law.
 9        (b)  The  authorized  airport  authority  shall come into
10    being  upon  the  passage  of   resolutions   or   ordinances
11    containing  identical  agreement  duly and legally enacted by
12    the legislative  bodies  of  the  governmental  units  to  be
13    combined  into  the  airport  authority.  If  passage  is  by
14    resolution,   it  may  be  joint  or  several,  however,  the
15    resolution,  ordinance  or  enabling   legislation   of   the
16    combining  governmental units shall provide for the number of
17    members, the  residence  requirements  of  the  members,  the
18    length  of  term  of  the  members  and  shall  authorize the
19    appointment of  an  additional  member  to  be  made  by  the
20    governor  of each party state. If the member appointed by the
21    governor shall be selected from the membership  or  staff  of
22    the  Department  of  Aeronautics  or  its successor agency or
23    aeronautics commission  of  his  state,  there  shall  be  no
24    limitation as to place of residence, and the length of tenure
25    of office shall be at the pleasure of the governor.
26        (c)  The  respective  members  of  the airport authority,
27    except any member representing the federal government,  shall
28    each be entitled to one vote. Any action of the membership of
29    the airport authority shall not be official unless taken at a
30    meeting  in  which a majority of the voting members from each
31    party state are present and unless a majority of  those  from
32    each  state concur: Provided, That any action not binding for
33    such reason  may  be  ratified  within  thirty  days  by  the
34    concurrence of a majority of the members of each party state.
 
                            -84-     LRB093 13539 MKM 18882 b
 1    In the absence of any member, his vote may be cast by another
 2    representative  or  member of his state if the representative
 3    casting such vote shall have a written proxy in  proper  form
 4    as may be required by the airport authority.
 5        (d)  The airport authority may sue and be sued, and shall
 6    adopt an official seal.
 7        (e)  The  airport  authority  shall  have  the  power  to
 8    appoint and remove or discharge personnel as may be necessary
 9    for  the  performance of the airport's functions irrespective
10    of the civil service, personnel or other merit system laws of
11    either of the party states.
12        (f)  The airport authority shall elect annually, from its
13    membership, a chairman, a vice-chairman and a treasurer.
14        (g)  The airport authority may establish and maintain  or
15    participate  in  programs  of  employee  benefits  as  may be
16    appropriate to afford  employees  of  the  airport  authority
17    terms  and  conditions of employment similar to those enjoyed
18    by the employees of each of the party states.
19        (h)  The  airport  authority  may  borrow,   accept,   or
20    contract  for the services of personnel from any state or the
21    United States or any subdivision or agency thereof, from  any
22    interstate  agency,  or from any institution, person, firm or
23    corporation.
24        (i)  The airport authority may  accept  for  any  of  its
25    purposes  and  functions  any and all donations and grants of
26    money,   equipment,   supplies,   materials   and   services,
27    conditional or otherwise, from any  state,  from  the  United
28    States,  from  any  subdivision  or  agency thereof, from any
29    interstate agency, or from any institution, person,  firm  or
30    corporation;  and  may  receive,  utilize  and dispose of the
31    same.
32        (j)  The airport authority  may  establish  and  maintain
33    such  facilities  as  may be necessary for the transaction of
34    its business. The airport authority  may  acquire,  hold  and
 
                            -85-     LRB093 13539 MKM 18882 b
 1    convey  real  and personal property and any interest therein,
 2    and may enter into such contracts for the  improvements  upon
 3    real  estate  appurtenant  to the airport, including farming,
 4    extracting minerals, subleasing, subdividing,  promoting  and
 5    developing of such real estate as shall aid and encourage the
 6    development and service of the airport. The airport authority
 7    may engage contractors to provide airport services, and shall
 8    carefully   observe   all   appropriate   federal   or  state
 9    regulations in the operation of the air facility.
10        (k)  The airport authority may adopt official  rules  and
11    regulations for the conduct of its business, and may amend or
12    rescind the same when necessary.
13        (l)  The  airport  authority shall annually make a report
14    to the governor of each party state concerning the activities
15    of the airport authority for the preceding  year;  and  shall
16    embody  in  such  report  recommendations  as  may  have been
17    adopted by the airport authority. The copies of  such  report
18    shall  be submitted to the legislature or general assembly of
19    each of the party states  at  any  regular  session  of  such
20    legislative  body.  The  airport  authority  may  issue  such
21    additional reports as may be deemed necessary.
22        The  requirement  for  reporting  to the General Assembly
23    shall be satisfied by filing copies of the  report  with  the
24    Speaker,  the  Minority  Leader and the Clerk of the House of
25    Representatives and the President, the  Minority  Leader  and
26    the  Secretary  of  the  Senate  and the Legislative Research
27    Unit, as required by Section  3.1  of  the  General  Assembly
28    Organization Act "An Act to revise the law in relation to the
29    General  Assembly",  approved  February 25, 1874, as amended,
30    and filing such additional copies with the  State  Government
31    Report  Distribution  Center  for  the General Assembly as is
32    required under paragraph  (t)  of  Section  7  of  the  State
33    Library Act.
34    (Source: P.A. 84-1438.)
 
                            -86-     LRB093 13539 MKM 18882 b
 1        Section  165.   The  Illinois  Medical  District  Act  is
 2    amended by changing Section 2 as follows:

 3        (70 ILCS 915/2) (from Ch. 111 1/2, par. 5002)
 4        Sec. 2.  Illinois Medical District Commission.
 5        (a)  There is hereby created a body politic and corporate
 6    under  the  corporate  name  of  Illinois  Medical   District
 7    Commission,  hereinafter called the Commission, whose general
 8    purpose in  addition  to  and  not  in  limitation  of  those
 9    purposes  and  powers set forth in other Sections of this Act
10    shall be to:
11             (1)  maintain the proper surroundings for a  medical
12        center  and  a  related  technology  center  in  order to
13        attract,  stabilize,  and   retain   therein   hospitals,
14        clinics,  research facilities, educational facilities, or
15        other facilities permitted under this Act;
16             (2)  provide for the orderly creation and  expansion
17        of  (i) various county, and local governmental facilities
18        as permitted under this Act, including, but  not  limited
19        to,  juvenile  detention facilities, (ii) other ancillary
20        or related facilities which the Commission may from  time
21        to  time  determine  are established and operated for any
22        aspect of the carrying out of the  Commission's  purposes
23        as set forth in this Act, or are established and operated
24        for the study, diagnosis, and treatment of human ailments
25        and  injuries,  whether physical or mental, or to promote
26        medical, surgical, and scientific research and  knowledge
27        as  permitted  under this Act, and (iii) medical research
28        and high technology parks, together  with  the  necessary
29        lands,  buildings,  facilities,  equipment,  and personal
30        property therefore.
31        (b)  The  Commission  shall  have  perpetual  succession,
32    power to contract and be contracted with, to sue and be  sued
33    except   in  actions  sounding  in  tort,  to  plead  and  be
 
                            -87-     LRB093 13539 MKM 18882 b
 1    impleaded, to have and use a common seal, and  to  alter  the
 2    same  at  pleasure.  All actions sounding in tort against the
 3    Commission shall be prosecuted in the Court  of  Claims.  The
 4    principal  office  of  the Commission shall be in the city of
 5    Chicago, and the Commission may establish such other  offices
 6    within  the  state  of  Illinois  at  such  places  as to the
 7    Commission  shall  seem  advisable.  Such  Commission   shall
 8    consist  of  7  members,  4 of whom shall be appointed by the
 9    Governor, 2 by the Mayor of Chicago, and one by the President
10    of the County Board of Cook County. All  members  shall  hold
11    office  for  a term of 5 years and until their successors are
12    appointed as provided in this Act; provided, that as soon  as
13    possible after the effective date of this amendatory Act, the
14    Governor   shall   appoint  4  members  for  terms  expiring,
15    respectively, on June 30, 1952,  1953,  1954  and  1955.  The
16    terms  of  all  members  heretofore appointed by the Governor
17    shall expire upon  the  commencement  of  the  terms  of  the
18    members  appointed  pursuant  to  this  amendatory  Act.  Any
19    vacancy  in  the  membership  of  the Commission occurring by
20    reason of the death, resignation,  disqualification,  removal
21    or  inability  or refusal to act of any of the members of the
22    Commission shall be filled by the person  who  had  appointed
23    the  particular  member, and for the unexpired term of office
24    of that particular member. A vacancy caused by the expiration
25    of the period for which the member  was  appointed  shall  be
26    filled  by  a  new appointment for a term of 5 years from the
27    date  of  such  expiration  of  the   prior   5   year   term
28    notwithstanding  when  such appointment is actually made. The
29    Commission shall obtain, pursuant to the  provisions  of  the
30    Personnel  Code,  such  personnel  as to the Commission shall
31    seem advisable to carry out the purposes of this Act and  the
32    work of the Commission.  The Commission may appoint a General
33    Attorney and define the duties of that General Attorney.
34        The  Commission  shall hold regular meetings annually for
 
                            -88-     LRB093 13539 MKM 18882 b
 1    the election of a president, vice-president,  secretary,  and
 2    treasurer  and for the adoption of a budget. Special meetings
 3    may be called by the President or  by  any  2  members.  Each
 4    member  shall  take  an  oath  of  office  for  the  faithful
 5    performance  of  his  duties.  Four members of the Commission
 6    shall constitute a quorum for the transaction of business.
 7        The Commission shall submit, to the General Assembly  not
 8    later  than  March  1  of  each odd-numbered year, a detailed
 9    report covering its operations for the 2  preceding  calendar
10    years and a statement of its program for the next 2 years.
11        The  requirement  for  reporting  to the General Assembly
12    shall be satisfied by filing copies of the  report  with  the
13    Speaker,  the  Minority  Leader and the Clerk of the House of
14    Representatives and the President, the  Minority  Leader  and
15    the  Secretary  of  the  Senate  and the Legislative Research
16    Unit, as required by Section  3.1  of  the  General  Assembly
17    Organization  Act, and filing such additional copies with the
18    State Government Report Distribution Center for  the  General
19    Assembly  as  is required under paragraph (t) of Section 7 of
20    the State Library Act.
21    (Source: P.A. 89-356, eff. 8-17-95.)

22        Section  170.    The   Illinois   Medical   District   at
23    Springfield Act is amended by changing Section 10 as follows:

24        (70 ILCS 925/10)
25        Sec.   10.  Illinois   Medical  District  at  Springfield
26    Commission.
27        (a)  There is created a body politic and corporate  under
28    the  corporate  name  of  the  Illinois  Medical  District at
29    Springfield Commission whose general purpose, in addition  to
30    and  not in limitation of those purposes and powers set forth
31    in this Act, is to:
32             (1)  maintain the proper surroundings for a  medical
 
                            -89-     LRB093 13539 MKM 18882 b
 1        center  and  a  related  technology  center  in  order to
 2        attract,  stabilize,  and  retain  within  the   District
 3        hospitals,   clinics,  research  facilities,  educational
 4        facilities, or other facilities permitted under this Act;
 5        and
 6             (2)  provide for the orderly creation,  maintenance,
 7        development,  and expansion of (i) health care facilities
 8        and  other  ancillary  or  related  facilities  that  the
 9        Commission  may  from  time   to   time   determine   are
10        established  and  operated  (A)  for  any  aspect  of the
11        carrying out of the Commission's purposes as set forth in
12        this Act, (B) for the study, diagnosis, and treatment  of
13        human  ailments and injuries, whether physical or mental,
14        or (C)  to  promote  medical,  surgical,  and  scientific
15        research  and  knowledge as permitted under this Act; and
16        (ii) medical research and high technology parks, together
17        with  the   necessary   lands,   buildings,   facilities,
18        equipment, and personal property for those parks.
19        (b)  The  Commission  has  perpetual  succession  and the
20    power to contract and be contracted with, to sue and be  sued
21    except   in  actions  sounding  in  tort,  to  plead  and  be
22    impleaded, to have and use a common seal, and  to  alter  the
23    same  at  pleasure.  All actions sounding in tort against the
24    Commission shall be prosecuted in the Court  of  Claims.  The
25    principal  office  of  the Commission shall be in the City of
26    Springfield.
27        (c)  The  Commission  shall  consist  of  the   following
28    members:  4  members    appointed  by  the Governor, with the
29    advice and consent of the Senate; 4 members appointed by  the
30    Mayor  of  Springfield,  with  the  advice and consent of the
31    Springfield city council; and one  member  appointed  by  the
32    Chairperson  of  the  County  Board  of  Sangamon County. The
33    initial members of the Commission appointed by  the  Governor
34    shall  be  appointed  for  terms  ending, respectively on the
 
                            -90-     LRB093 13539 MKM 18882 b
 1    second, third,  fourth,  and  fifth  anniversaries  of  their
 2    appointments.  The  initial members appointed by the Mayor of
 3    Springfield shall be  appointed  2  each  for  terms  ending,
 4    respectively,  on the second and third anniversaries of their
 5    appointments.   The   initial   member   appointed   by   the
 6    Chairperson  of  the County Board of Sangamon County shall be
 7    appointed for a term ending on the fourth anniversary of  the
 8    appointment.  Thereafter,  all the members shall be appointed
 9    to hold office  for  a  term  of  5  years  and  until  their
10    successors are appointed as provided in this Act.
11        (d)  Any  vacancy  in  the  membership  of the Commission
12    occurring   by   reason   of    the    death,    resignation,
13    disqualification,  removal, or inability or refusal to act of
14    any of the members of the Commission shall be filled  by  the
15    authority  that  had appointed the particular member, and for
16    the unexpired term of office of  that  particular  member.  A
17    vacancy  caused by the expiration of the period for which the
18    member was appointed shall be filled by a new appointment for
19    a term of 5 years from the date  of  the  expiration  of  the
20    prior  5-year  term  notwithstanding  when the appointment is
21    actually  made.  The  Commission  shall  obtain,  under   the
22    provisions  of  the  Personnel Code, such personnel as to the
23    Commission shall deem advisable to carry out the purposes  of
24    this Act and the work of the Commission.
25        (e)  The  Commission shall hold regular meetings annually
26    for the election of a President,  Vice-President,  Secretary,
27    and  Treasurer,  for  the  adoption of a budget, and for such
28    other  business  as  may  properly  come  before   it.    The
29    Commission  shall  elect  as  the  President  a member of the
30    Commission appointed by the Mayor of Springfield and  as  the
31    Vice-President  a  member  of the Commission appointed by the
32    Governor.  The Commission  shall  establish  the  duties  and
33    responsibilities  of  its officers by rule.  The President or
34    any 3 members of the Commission may call special meetings  of
 
                            -91-     LRB093 13539 MKM 18882 b
 1    the  Commission.   Each  Commissioner  shall  take an oath of
 2    office for the faithful performance of  his  or  her  duties.
 3    The  Commission may not transact business at a meeting of the
 4    Commission unless there is present at the  meeting  a  quorum
 5    consisting  of  at  least  5  Commissioners.  Meetings may be
 6    held  by  telephone  conference   or   other   communications
 7    equipment  by means of which all persons participating in the
 8    meeting can communicate with each other.
 9        (f)  The Commission shall submit to the General Assembly,
10    not later than March 1 of each odd-numbered year, a  detailed
11    report  covering  its operations for the 2 preceding calendar
12    years and a statement of its program for the next 2 years.
13        The requirement for reporting  to  the  General  Assembly
14    shall  be  satisfied  by filing copies of the report with the
15    Speaker, the Minority Leader, and the Clerk of the  House  of
16    Representatives  and  the President, the Minority Leader, and
17    the Secretary of the Senate and with the Legislative Research
18    Unit, as required by Section  3.1  of  the  General  Assembly
19    Organization  Act,  and by filing such additional copies with
20    the State  Government  Report  Distribution  Center  for  the
21    General  Assembly  as  is  required  under  paragraph  (t) of
22    Section 7 of the State Library Act.
23        (g)  The Auditor General  shall  conduct  audits  of  the
24    Commission in the same manner as the Auditor General conducts
25    audits  of  State  agencies under the Illinois State Auditing
26    Act.
27        (h)  Neither the Commission nor  the  District  have  any
28    power to tax.
29        (i)  The  Commission  is a public body and subject to the
30    Open Meetings Act and the Freedom of Information Act.
31    (Source: P.A. 92-870, eff. 1-3-03.)

32        Section 175.  The Metropolitan Water Reclamation District
33    Act is amended by changing Section 4b as follows:
 
                            -92-     LRB093 13539 MKM 18882 b
 1        (70 ILCS 2605/4b) (from Ch. 42, par. 323b)
 2        Sec. 4b.  The Governor shall appoint,  by  and  with  the
 3    advice  and  consent of the Senate, a State Sanitary District
 4    Observer.  The term  of  the  person  first  appointed  shall
 5    expire  on  the third Monday in January, 1969.  If the Senate
 6    is not in session when the first  appointment  is  made,  the
 7    Governor shall make a temporary appointment as in the case of
 8    a  vacancy.   Thereafter  the  term  of  office  of the State
 9    Sanitary District Observer shall be for 2 years commencing on
10    the third Monday in January of  1969  and  each  odd-numbered
11    year  thereafter.   Any person appointed to such office shall
12    hold office for the  duration  of  his  term  and  until  his
13    successor is appointed and qualified.
14        The   State   Sanitary  District  Observer  must  have  a
15    knowledge of the  principles  of  sanitary  engineering.   He
16    shall  be  paid  from  the State Treasury an annual salary of
17    $15,000 or as set by the Compensation Review Board, whichever
18    is greater,  and  shall  also  be  reimbursed  for  necessary
19    expenses incurred in the performance of his duties.
20        The  State  Sanitary District Observer has the same right
21    as any Trustee or the General Superintendent  to  attend  any
22    meeting  in  connection with the business of The Metropolitan
23    Sanitary District of Greater Chicago.  He shall  have  access
24    to  all  records  and  works of the District.  He may conduct
25    inquiries and investigations into the efficiency and adequacy
26    of the operations of the District, including  the  effect  of
27    the  operations  of  the  District  upon  areas  of the State
28    outside the boundaries of the District.
29        The State Sanitary District Observer shall report to  the
30    Governor,  the  General  Assembly,  the Department of Natural
31    Resources, and the Environmental Protection  Agency  annually
32    and more frequently if requested by the Governor.
33        The  requirement  for  reporting  to the General Assembly
34    shall be satisfied by filing copies of the  report  with  the
 
                            -93-     LRB093 13539 MKM 18882 b
 1    Speaker,  the  Minority  Leader and the Clerk of the House of
 2    Representatives and the President, the  Minority  Leader  and
 3    the  Secretary  of  the  Senate  and the Legislative Research
 4    Unit, as required by Section  3.1  of  the  General  Assembly
 5    Organization Act "An Act to revise the law in relation to the
 6    General  Assembly",  approved  February 25, 1874, as amended,
 7    and filing such additional copies with the  State  Government
 8    Report  Distribution  Center  for  the General Assembly as is
 9    required under paragraph  (t)  of  Section  7  of  the  State
10    Library Act.
11    (Source: P.A. 89-445, eff. 2-7-96.)

12        Section  180.   The  School  Code  is amended by changing
13    Sections 1A-4, 1E-130, 1F-130, 2-3.87, 14B-7, and 34A-606  as
14    follows:

15        (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
16        Sec. 1A-4.  Powers and duties of the Board.
17        A.  Upon the appointment of new Board members as provided
18    in   subsection  (b)  of  Section  1A-1  and  every  2  years
19    thereafter, the chairperson of the Board shall be selected by
20    the Governor, with the advice and consent of the Senate, from
21    the membership of the Board to serve  as  chairperson  for  2
22    years.
23        B.  The  Board  shall determine the qualifications of and
24    appoint a chief education officer to be known  as  the  State
25    Superintendent  of  Education who shall serve at the pleasure
26    of the Board and pursuant  to  a  performance-based  contract
27    linked   to   statewide   student  performance  and  academic
28    improvement within  Illinois  schools.  No  performance-based
29    contract   issued   for   the   employment   of   the   State
30    Superintendent of Education shall be for a term longer than 3
31    years  and  no contract shall be extended or renewed prior to
32    its  scheduled  expiration   unless   the   performance   and
 
                            -94-     LRB093 13539 MKM 18882 b
 1    improvement  goals  contained  in the contract have been met.
 2    The State Superintendent of Education shall not  serve  as  a
 3    member  of the State Board of Education.  The Board shall set
 4    the compensation of the State Superintendent of Education who
 5    shall serve as the Board's chief executive officer. The Board
 6    shall also establish the duties, powers and  responsibilities
 7    of  the  State Superintendent, which shall be included in the
 8    State Superintendent's performance-based contract along  with
 9    the  goals and indicators of student performance and academic
10    improvement used to measure the performance and effectiveness
11    of the State Superintendent. The State Board of Education may
12    delegate  to  the  State  Superintendent  of  Education   the
13    authority  to  act  on  the  Board's  behalf,  provided  such
14    delegation  is  made  pursuant to adopted board policy or the
15    powers delegated are ministerial in nature.  The State  Board
16    may  not  delegate  authority under this Section to the State
17    Superintendent to  (1)  nonrecognize  school  districts,  (2)
18    withhold  State  payments  as  a  penalty,  or (3) make final
19    decisions under the contested case provisions of the Illinois
20    Administrative Procedure Act  unless  otherwise  provided  by
21    law.
22        C.  The powers and duties of the State Board of Education
23    shall  encompass  all  duties  delegated  to  the  Office  of
24    Superintendent  of  Public  Instruction  on January 12, 1975,
25    except as the law providing for such  powers  and  duties  is
26    thereafter  amended,  and such other powers and duties as the
27    General  Assembly  shall  designate.   The  Board  shall   be
28    responsible  for  the educational policies and guidelines for
29    public schools, pre-school through grade  12  and  Vocational
30    Education  in the State of Illinois.  The Board shall analyze
31    the present and  future  aims,  needs,  and  requirements  of
32    education  in  the  State  of  Illinois  and recommend to the
33    General Assembly the powers which should be exercised by  the
34    Board.   The  Board  shall  recommend  the  passage  and  the
 
                            -95-     LRB093 13539 MKM 18882 b
 1    legislation    necessary   to   determine   the   appropriate
 2    relationship between the Board and local boards of  education
 3    and  the various State agencies and shall recommend desirable
 4    modifications in the laws which affect schools.
 5        D.  Two members of the Board shall be  appointed  by  the
 6    chairperson to serve on a standing joint Education Committee,
 7    2  others  shall  be  appointed  from  the  Board  of  Higher
 8    Education,  2 others shall be appointed by the chairperson of
 9    the Illinois Community College Board, and 2 others  shall  be
10    appointed by the chairperson of the Human Resource Investment
11    Council.   The  Committee  shall  be  responsible  for making
12    recommendations concerning the submission  of  any  workforce
13    development  plan  or  workforce training program required by
14    federal  law  or  under  any  block  grant  authority.    The
15    Committee  will  be  responsible  for  developing  policy  on
16    matters of mutual concern to elementary, secondary and higher
17    education  such as Occupational and Career Education, Teacher
18    Preparation   and   Certification,    Educational    Finance,
19    Articulation   between   Elementary,   Secondary  and  Higher
20    Education and Research and  Planning.   The  joint  Education
21    Committee shall  meet at least quarterly and submit an annual
22    report  of  its findings, conclusions, and recommendations to
23    the State Board of Education, the Board of Higher  Education,
24    the  Illinois  Community  College  Board,  the Human Resource
25    Investment Council, the Governor, and the  General  Assembly.
26    All meetings of this Committee shall be official meetings for
27    reimbursement under this Act.
28        E.  Five  members of the Board shall constitute a quorum.
29    A majority vote  of  the  members  appointed,  confirmed  and
30    serving on the Board is required to approve any action.
31        The  Board  shall  prepare  and  submit  to  the  General
32    Assembly  and  the Governor on or before January 14, 1976 and
33    annually thereafter a report or reports of its  findings  and
34    recommendations.  Such annual report shall contain a separate
 
                            -96-     LRB093 13539 MKM 18882 b
 1    section which provides a critique and analysis of the  status
 2    of  education  in  Illinois and which identifies its specific
 3    problems and recommends express  solutions  therefor.    Such
 4    annual  report  also  shall contain the following information
 5    for the preceding  year  ending  on  June  30:  each  act  or
 6    omission  of  a  school  district of which the State Board of
 7    Education  has  knowledge  as  a  consequence  of  scheduled,
 8    approved visits  and  which  constituted  a  failure  by  the
 9    district  to  comply with applicable State or federal laws or
10    regulations relating to public education, the  name  of  such
11    district,  the  date  or  dates  on  which the State Board of
12    Education  notified  the  school  district  of  such  act  or
13    omission, and what action, if any, the school  district  took
14    with  respect  thereto  after  being  notified thereof by the
15    State Board of Education. The report shall also  include  the
16    statewide  high  school  dropout rate by grade level, sex and
17    race and the annual student dropout rate of and the number of
18    students who graduate from, transfer from or otherwise  leave
19    bilingual  programs.   The  Auditor  General  shall  annually
20    perform  a compliance audit of the State Board of Education's
21    performance of the reporting duty imposed by this  amendatory
22    Act  of  1986.  A  regular system of communication with other
23    directly related State agencies shall be implemented.
24        The requirement for reporting  to  the  General  Assembly
25    shall  be  satisfied  by filing copies of the report with the
26    Speaker, the Minority Leader and the Clerk of  the  House  of
27    Representatives  and  the  President, the Minority Leader and
28    the Secretary of the Senate and the Legislative  Council,  as
29    required  by Section 3.1 of the General Assembly Organization
30    Act,  and  filing  such  additional  copies  with  the  State
31    Government  Report  Distribution  Center  for   the   General
32    Assembly  as  is required under paragraph (t) of Section 7 of
33    the State Library Act.
34    (Source: P.A. 89-430, eff.  12-15-95;  89-610,  eff.  8-6-96;
 
                            -97-     LRB093 13539 MKM 18882 b
 1    89-698, eff. 1-14-97; 90-548, eff. 1-1-98.)

 2        (105 ILCS 5/1E-130)
 3        Sec. 1E-130. Reports.
 4        (a)  The  Authority,  upon  taking  office  and  annually
 5    thereafter, shall prepare and submit to the Governor, General
 6    Assembly, and State Superintendent a report that includes the
 7    audited financial statement for the preceding fiscal year, an
 8    approved  financial  plan, and a statement of the major steps
 9    necessary to accomplish the objectives of the financial plan.
10        (b)  Annual reports shall be submitted on or before March
11    1 of each year.
12        (c)  The  requirement  for  reporting  to   the   General
13    Assembly shall be satisfied by filing copies of the report as
14    provided  in Section 3.1 of the General Assembly Organization
15    Act and by filing additional copies with the State Government
16    Report  Distribution  Center  for  the  General  Assembly  as
17    required under subdivision (t) of  Section  7  of  the  State
18    Library Act.
19    (Source: P.A. 92-547, eff. 6-13-02.)

20        (105 ILCS 5/1F-130)
21        Sec. 1F-130. Reports.
22        (a)  The  Authority,  upon  taking  office  and  annually
23    thereafter, shall prepare and submit to the Governor, General
24    Assembly, and State Superintendent a report that includes the
25    audited financial statement for the preceding fiscal year, an
26    approved  financial  plan, and a statement of the major steps
27    necessary to accomplish the objectives of the financial plan.
28        (b)  Annual reports shall be submitted on or before March
29    1 of each year.
30        (c)  The  requirement  for  reporting  to   the   General
31    Assembly shall be satisfied by filing copies of the report as
32    provided  in Section 3.1 of the General Assembly Organization
 
                            -98-     LRB093 13539 MKM 18882 b
 1    Act and by filing additional copies with the State Government
 2    Report  Distribution  Center  for  the  General  Assembly  as
 3    required under subdivision (t) of  Section  7  of  the  State
 4    Library Act.
 5    (Source: P.A. 92-855, eff. 12-6-02.)

 6        (105 ILCS 5/2-3.87) (from Ch. 122, par. 2-3.87)
 7        Sec.  2-3.87.   Catalogue of reports.  The State Board of
 8    Education shall prepare, publish and submit  to  the  General
 9    Assembly  and  the Governor annually, on or before the second
10    Wednesday of January  beginning  in  calendar  year  1989,  a
11    catalogue  containing  each  report  which the State Board of
12    Education was required to make during the preceding 12  month
13    period to the General Assembly or to the General Assembly and
14    the  Governor.    The  catalogue  shall  be indexed, and with
15    respect to each report in the catalogue, the State  Board  of
16    Education  shall  cite  the  specific  statutory provision or
17    provisions which  required  such  report  to  be  made.   The
18    requirement  for  submitting  the  catalogue  to  the General
19    Assembly shall be satisfied by filing copies of the catalogue
20    with the Speaker, Minority Leader and Clerk of the  House  of
21    Representatives,  with  the  President,  Minority  Leader and
22    Secretary of the Senate and with the Legislative Council, and
23    by filing such additional copies of the  catalogue  with  the
24    State  Government  Report Distribution Center for the General
25    Assembly in the same manner as reports  are  required  to  be
26    filed  under  paragraph (t) of Section 7 of the State Library
27    Act.
28    (Source: P.A. 85-1209.)

29        (105 ILCS 5/14B-7) (from Ch. 122, par. 14B-7)
30        Sec. 14B-7.  Rules and regulations. The  State  Board  of
31    Education  shall  adopt  such  rules  and  regulations as are
32    necessary  to  enable  it  to  carry  out  its   duties   and
 
                            -99-     LRB093 13539 MKM 18882 b
 1    responsibilities  under  this  Article,  including  rules and
 2    regulations  which  (a)  prescribe  the  procedure  by  which
 3    proposals shall be submitted for approval,  (b)  require  the
 4    submission  of  such reports as will permit the evaluation of
 5    compensatory  education  programs  and  the  accumulation  of
 6    information which will be useful in  developing  suggestions,
 7    policies  and  requirements  for improvement of such programs
 8    generally.
 9        By July 10, annually, the superintendent  of  the  school
10    district   or  other  chief  administrative  officer  of  the
11    applicant shall  certify  to  the  County  Superintendent  of
12    Schools,  in  whose  county the largest number of children in
13    the  program   reside,   upon   forms   prescribed   by   the
14    Superintendent  of  Public Instruction, the applicant's claim
15    for reimbursement for the school year  ending  on  June  30th
16    next  preceding.  The  County Superintendent of Schools shall
17    check all  such  claims  to  ascertain  compliance  with  the
18    prescribed standards and upon his approval shall by July 25th
19    certify  to  the  Superintendent  of  Public  Instruction the
20    county  report  of  claims  for  reimbursements.   The  State
21    Superintendent of Education shall  check  and  upon  approval
22    transmit  by September 15th to the State Comptroller vouchers
23    showing the  amounts  due  respective  applicants  for  their
24    reimbursement  claims.  In  any year the total reimbursements
25    paid to an applicant having a population of 500,000  or  more
26    inhabitants  shall  not exceed 5/18 of the appropriation made
27    by  the  General  Assembly  for  reimbursements   to   school
28    districts  and  other  applicants under Section 14B-5 of this
29    Act, and the total amount  of  reimbursements  to  all  other
30    applicants shall not exceed 2/9 of such appropriation. If the
31    amount  appropriated  for such reimbursements for any year is
32    insufficient to pay the claims  in  full,  the  total  amount
33    shall be apportioned on the basis of the claims approved.
34        On  or  before  January  20  of the odd numbered year the
 
                            -100-    LRB093 13539 MKM 18882 b
 1    State Superintendent  of  Education  shall  prepare  for  the
 2    General  Assembly  a  report  on the programs and the claims,
 3    including detailed accounts for the last two years which  the
 4    district superintendents have submitted to the State Board of
 5    Education. This will enable the General Assembly to review in
 6    detail the scope of the total program and the desirability of
 7    whether or not to continue such a program.
 8        The  requirement  for  reporting  to the General Assembly
 9    shall be satisfied by filing copies of the  report  with  the
10    Speaker,  the  Minority  Leader and the Clerk of the House of
11    Representatives and the President, the  Minority  Leader  and
12    the  Secretary  of  the  Senate  and the Legislative Research
13    Unit, as required by Section  3.1  of  the  General  Assembly
14    Organization Act "An Act to revise the law in relation to the
15    General  Assembly",  approved  February 25, 1874, as amended,
16    and filing such additional copies with the  State  Government
17    Report  Distribution  Center  for  the General Assembly as is
18    required under paragraph  (t)  of  Section  7  of  the  State
19    Library Act.
20    (Source: P.A. 88-641, eff. 9-9-94.)

21        (105 ILCS 5/34A-606) (from Ch. 122, par. 34A-606)
22        Sec. 34A-606.  Reports.
23        (a)  The  Directors,  upon  taking  office  and  annually
24    thereafter,  shall prepare and submit to the Governor, Mayor,
25    General Assembly, and  City  Council  a  report  which  shall
26    include  the  audited  financial  statement for the preceding
27    Fiscal Year of the Board, an approved  Financial  Plan  or  a
28    statement  of  reasons  for  the  failure  to  adopt  such  a
29    Financial  Plan,  a statement of the major steps necessary to
30    accomplish the  objectives  of  the  Financial  Plan,  and  a
31    request   for   any  legislation  necessary  to  achieve  the
32    objectives of the Financial Plan.
33        (b)  Annual reports shall be submitted on or before May 1
 
                            -101-    LRB093 13539 MKM 18882 b
 1    of each year.
 2        (c)  The  requirement  for  reporting  to   the   General
 3    Assembly  shall  be  satisfied by filing copies of the report
 4    with the Board, the Governor, the Mayor and also the Speaker,
 5    the  Minority  Leader  and  the  Clerk  of   the   House   of
 6    Representatives  and  the  President, the Minority Leader and
 7    the Secretary of the  Senate  and  the  Legislative  Research
 8    Unit,  as  required  by  Section  3.1 of the General Assembly
 9    Organization Act "An Act to revise the law in relation to the
10    General Assembly", approved February 25,  1874,  as  amended,
11    and  filing  such additional copies with the State Government
12    Report Distribution Center for the  General  Assembly  as  is
13    required  under  paragraph  (t)  of  Section  7  of the State
14    Library Act.
15        (d)  Each annual report required to be submitted  through
16    May  1,  1995,  shall  also include: (i) a description of the
17    activities  of  the  Authority;  (ii)  an  analysis  of   the
18    educational performance of the Board for the preceding school
19    year;  (iii) an Approved System-Wide Educational Reform Goals
20    and Objectives Plan or a statement of reasons for the failure
21    to adopt such  an  Approved  System-Wide  Educational  Reform
22    Goals  and  Objectives  Plan;  (iv)  a statement of the major
23    steps necessary to  accomplish  the  goals  of  the  Approved
24    System-Wide Educational Reform Goals and Objectives Plan; (v)
25    a  commentary  with respect to those Board policies and rules
26    and those  provisions  of  The  School  Code  and  collective
27    bargaining  agreements  between  the  Board and its employees
28    which, in the opinion of the Authority, are obstacles  and  a
29    hindrance   to   fulfillment   of  any  Approved  System-Wide
30    Educational Reform Goals and  Objectives  Plan;  and  (vi)  a
31    request  for  any legislative action necessary to achieve the
32    goals of the Approved System-Wide  Educational  Reform  Goals
33    and Objectives Plan.
34    (Source: P.A. 85-1418; 86-1477.)
 
                            -102-    LRB093 13539 MKM 18882 b
 1        Section    185.     The   School   District   Educational
 2    Effectiveness  and  Fiscal  Efficiency  Act  is  amended   by
 3    changing Sections 4 and 9.04 as follows:

 4        (105 ILCS 205/4) (from Ch. 122, par. 874)
 5        Sec.   4.    Reports.    The   Superintendent  of  Public
 6    Instruction  shall,  in  cooperation  with  school  districts
 7    participating under this Act, report annually to the  General
 8    Assembly,  the School Problems Commission and the Governor on
 9    the progress made in implementing this Act.
10        The requirement for reporting  to  the  General  Assembly
11    shall  be  satisfied  by filing copies of the report with the
12    Speaker, the Minority Leader and the Clerk of  the  House  of
13    Representatives  and  the  President, the Minority Leader and
14    the Secretary of the  Senate  and  the  Legislative  Research
15    Unit,  as  required  by  Section  3.1 of the General Assembly
16    Organization Act "An Act to revise the law in relation to the
17    General Assembly", approved February 25,  1874,  as  amended,
18    and  filing  such additional copies with the State Government
19    Report Distribution Center for the  General  Assembly  as  is
20    required  under  paragraph  (t)  of  Section  7  of the State
21    Library Act.
22    (Source: P.A. 84-1438.)

23        (110 ILCS 205/9.04) (from Ch. 144, par. 189.04)
24        Sec. 9.04.  To submit to the  Governor  and  the  General
25    Assembly  a written report covering the activities engaged in
26    and recommendations made. This report shall be  submitted  in
27    accordance  with  the  requirements of Section 3 of the State
28    Finance Act.
29        The requirement for reporting  to  the  General  Assembly
30    shall  be  satisfied  by filing copies of the report with the
31    Speaker, the Minority Leader and the Clerk of  the  House  of
32    Representatives  and  the  President, the Minority Leader and
 
                            -103-    LRB093 13539 MKM 18882 b
 1    the Secretary of the  Senate  and  the  Legislative  Research
 2    Unit,  as  required  by  Section  3.1 of the General Assembly
 3    Organization Act "An Act to revise the law in relation to the
 4    General Assembly", approved February 25,  1874,  as  amended,
 5    and  filing  such additional copies with the State Government
 6    Report Distribution Center for the  General  Assembly  as  is
 7    required  under  paragraph  (t)  of  Section  7  of the State
 8    Library Act.
 9    (Source: P.A. 90-730, eff. 8-10-98.)

10        Section 190.  The Public Community College Act is amended
11    by changing Section 2-10 as follows:

12        (110 ILCS 805/2-10) (from Ch. 122, par. 102-10)
13        Sec. 2-10.   The  State  Board  shall  make  a  thorough,
14    comprehensive and continuous study of the status of community
15    college  education,  its problems, needs for improvement, and
16    projected developments  and  shall  make  a  detailed  report
17    thereof  to  the  General  Assembly not later than March 1 of
18    each odd-numbered year and shall submit  recommendations  for
19    such legislation as it deems necessary.
20        The  requirement  for  reporting  to the General Assembly
21    shall be satisfied by filing copies of the  report  with  the
22    Speaker,  the  Minority  Leader and the Clerk of the House of
23    Representatives and the President, the  Minority  Leader  and
24    the  Secretary  of  the  Senate  and the Legislative Research
25    Unit, as required by Section  3.1  of  the  General  Assembly
26    Organization Act "An Act to revise the law in relation to the
27    General  Assembly",  approved  February 25, 1874, as amended,
28    and filing such additional copies with the  State  Government
29    Report  Distribution  Center  for  the General Assembly as is
30    required under paragraph  (t)  of  Section  7  of  the  State
31    Library Act.
32    (Source: P.A. 84-1438.)
 
                            -104-    LRB093 13539 MKM 18882 b
 1        Section  195.   The  Family  Practice  Residency  Act  is
 2    amended by changing Section 9 as follows:

 3        (110 ILCS 935/9) (from Ch. 144, par. 1459)
 4        Sec.  9.   The  Department  shall  annually report to the
 5    General Assembly and the Governor the results and progress of
 6    the programs established by this Act on or before March 15th.
 7        The  annual  report  to  the  General  Assembly  and  the
 8    Governor shall include the  impact  of  programs  established
 9    under this Act on the ability of designated shortage areas to
10    attract   and   retain   physicians  and  other  health  care
11    personnel.   The  report  shall  include  recommendations  to
12    improve that ability.
13        The requirement for reporting  to  the  General  Assembly
14    shall  be  satisfied  by filing copies of the report with the
15    Speaker, the Minority Leader and the Clerk of  the  House  of
16    Representatives  and  the  President, the Minority Leader and
17    the Secretary of the  Senate  and  the  Legislative  Research
18    Unit,  as  required  by  Section  3.1 of the General Assembly
19    Organization Act, and filing such additional copies with  the
20    State  Government  Report Distribution Center for the General
21    Assembly as is required under paragraph (t) of Section  7  of
22    the State Library Act.
23    (Source: P.A. 86-965; 87-430; 87-633; 87-895.)

24        Section  200.   The Governor's Scholars Board of Sponsors
25    Act is amended by changing Section 4 as follows:

26        (110 ILCS 940/4) (from Ch. 127, par. 63b134)
27        Sec. 4.  The Board of  Sponsors  shall  make  a  detailed
28    report  of  its  activities  and  recommendations to the 77th
29    General Assembly and to the Governor not later than  February
30    1,  1971  and  by  February  1  of  each  odd  numbered  year
31    thereafter   and   shall   submit  recommendations  for  such
 
                            -105-    LRB093 13539 MKM 18882 b
 1    legislation as it deems necessary.
 2        The requirement for reporting  to  the  General  Assembly
 3    shall  be  satisfied  by filing copies of the report with the
 4    Speaker, the Minority Leader and the Clerk of  the  House  of
 5    Representatives  and  the  President, the Minority Leader and
 6    the Secretary of the  Senate  and  the  Legislative  Research
 7    Unit,  as  required  by  Section  3.1 of the General Assembly
 8    Organization Act "An Act to revise the law in relation to the
 9    General Assembly", approved February 25,  1874,  as  amended,
10    and  filing  such additional copies with the State Government
11    Report Distribution Center for the  General  Assembly  as  is
12    required  under  paragraph  (t)  of  Section  7  of the State
13    Library Act.
14    (Source: P.A. 84-1438.)

15        Section 205.  The Podiatric Scholarship and Residency Act
16    is amended by changing Section 25 as follows:

17        (110 ILCS 978/25)
18        Sec. 25.  Annual reports. The Department  shall  annually
19    report  to  the General Assembly and the Governor the results
20    and progress of the programs established by this  Act  on  or
21    before March 15th.
22        The  Department shall, no later than July 1, 1994, report
23    to the General  Assembly  and  the  Governor  concerning  the
24    impact  of programs established under this Act on the ability
25    of designated shortage areas to attract and retain  podiatric
26    physicians and other health care personnel.  The report shall
27    include recommendations to improve that ability.
28        The  requirement  for  reporting  to the General Assembly
29    shall be satisfied by filing copies of the  report  with  the
30    Speaker,  the  Minority  Leader and the Clerk of the House of
31    Representatives and the President, the  Minority  Leader  and
32    the  Secretary  of  the  Senate  and the Legislative Research
 
                            -106-    LRB093 13539 MKM 18882 b
 1    Unit, as required by Section  3.1  of  the  General  Assembly
 2    Organization Act, and filing additional copies with the State
 3    Government   Report   Distribution  Center  for  the  General
 4    Assembly that are required under paragraph (t) of  Section  7
 5    of the State Library Act.
 6    (Source: P.A. 87-1195.)

 7        Section  210.   The Illinois Savings and Loan Act of 1985
 8    is amended by changing Section 7-8 as follows:

 9        (205 ILCS 105/7-8) (from Ch. 17, par. 3307-8)
10        Sec. 7-8.  Commissioner's report to the Governor and  the
11    General Assembly. The Commissioner shall prepare and transmit
12    to  the Governor and the General Assembly of this State on or
13    before June 30 of each year an annual report on the condition
14    of all associations operating under  this  Act.  Such  report
15    shall  include,  but  shall  not  be  limited to, a condensed
16    report on the financial condition of all associations  and  a
17    listing   and   analysis   of   those   instances  where  the
18    Commissioner is required to resort  to  the  courts  of  this
19    State  to  enforce  his  orders,  with  recommendations as to
20    alternatives to such  court  action  in  each  instance.  The
21    Commissioner  may  cause  a  copy of such report, or any part
22    thereof, to be printed and circulated.
23        The requirement for reporting  to  the  General  Assembly
24    shall  be  satisfied  by filing copies of the report with the
25    Speaker, the Minority Leader and the Clerk of  the  House  of
26    Representatives  and  the  President, the Minority Leader and
27    the Secretary of the  Senate  and  the  Legislative  Research
28    Unit,  as  required  by  Section  3.1 of the General Assembly
29    Organization Act "An Act to revise the law in relation to the
30    General Assembly", approved February 25,  1874,  as  amended,
31    and  filing  such additional copies with the State Government
32    Report Distribution Center for the  General  Assembly  as  is
 
                            -107-    LRB093 13539 MKM 18882 b
 1    required  under  paragraph  (t)  of  Section  7  of the State
 2    Library Act.
 3    (Source: P.A. 84-543.)

 4        Section 215.  The Coal Mining Act is amended by  changing
 5    Section 4.18 as follows:

 6        (225 ILCS 705/4.18) (from Ch. 96 1/2, par. 418)
 7        Sec. 4.18.  On the receipt of each State Mine Inspector's
 8    report  the Mining Board shall compile and summarize the data
 9    to be included in the report of the Mining  Board,  known  as
10    the  Annual  Coal  Report,  which  shall  within  four months
11    thereafter,  be  printed,  bound,  and  transmitted  to   the
12    Governor  and  General  Assembly  for  the information of the
13    public. The printing and binding of the Annual  Coal  Reports
14    shall be provided for by the Department of Central Management
15    Services  in  like manner and numbers, as it provides for the
16    publication of other official reports.
17        The requirement for reporting  to  the  General  Assembly
18    shall  be  satisfied  by filing copies of the report with the
19    Speaker, the Minority Leader and the Clerk of  the  House  of
20    Representatives  and  the  President, the Minority Leader and
21    the Secretary of the  Senate  and  the  Legislative  Research
22    Unit,  as  required  by  Section  3.1 of the General Assembly
23    Organization Act "An Act to revise the law in relation to the
24    General Assembly", approved February 25,  1874,  as  amended,
25    and  filing  such additional copies with the State Government
26    Report Distribution Center for the  General  Assembly  as  is
27    required  under  paragraph  (t)  of  Section  7  of the State
28    Library Act.
29    (Source: P.A. 84-1438.)

30        Section 220.  The Illinois Public Aid Code is amended  by
31    changing Sections 5-5, 5-5.8, and 12-5 as follows:
 
                            -108-    LRB093 13539 MKM 18882 b
 1        (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
 2        Sec.  5-5.  Medical services. The Illinois Department, by
 3    rule, shall determine the quantity and  quality  of  and  the
 4    rate  of  reimbursement  for the medical assistance for which
 5    payment will be authorized, and the medical  services  to  be
 6    provided, which may include all or part of the following: (1)
 7    inpatient   hospital   services;   (2)   outpatient  hospital
 8    services;  (3)  other  laboratory  and  X-ray  services;  (4)
 9    skilled  nursing  home  services;  (5)  physicians'  services
10    whether furnished  in  the  office,  the  patient's  home,  a
11    hospital,  a  skilled nursing home, or elsewhere; (6) medical
12    care, or  any  other  type  of  remedial  care  furnished  by
13    licensed  practitioners;  (7)  home health care services; (8)
14    private duty  nursing  service;  (9)  clinic  services;  (10)
15    dental  services; (11) physical therapy and related services;
16    (12) prescribed drugs, dentures, and prosthetic devices;  and
17    eyeglasses  prescribed by a physician skilled in the diseases
18    of the eye, or by an optometrist, whichever  the  person  may
19    select;  (13)  other  diagnostic,  screening, preventive, and
20    rehabilitative services; (14) transportation and  such  other
21    expenses  as  may  be  necessary;  (15)  medical treatment of
22    sexual assault survivors, as defined in  Section  1a  of  the
23    Sexual   Assault   Survivors  Emergency  Treatment  Act,  for
24    injuries  sustained  as  a  result  of  the  sexual  assault,
25    including  examinations  and  laboratory  tests  to  discover
26    evidence which may be used in  criminal  proceedings  arising
27    from  the sexual assault; (16) the diagnosis and treatment of
28    sickle cell anemia; and (17) any other medical care, and  any
29    other type of remedial care recognized under the laws of this
30    State,  but  not including abortions, or induced miscarriages
31    or premature births, unless, in the opinion of  a  physician,
32    such  procedures  are  necessary  for the preservation of the
33    life of the  woman  seeking  such  treatment,  or  except  an
34    induced  premature  birth  intended  to produce a live viable
 
                            -109-    LRB093 13539 MKM 18882 b
 1    child and such procedure is necessary for the health  of  the
 2    mother or her unborn child. The Illinois Department, by rule,
 3    shall   prohibit   any   physician   from  providing  medical
 4    assistance to anyone eligible therefor under this Code  where
 5    such  physician  has  been  found  guilty  of  performing  an
 6    abortion procedure in a wilful and wanton manner upon a woman
 7    who  was not pregnant at the time such abortion procedure was
 8    performed. The term "any other type of remedial  care"  shall
 9    include nursing care and nursing home service for persons who
10    rely on treatment by spiritual means alone through prayer for
11    healing.
12        Notwithstanding  any  other  provision of this Section, a
13    comprehensive tobacco use  cessation  program  that  includes
14    purchasing prescription drugs or prescription medical devices
15    approved by the Food and Drug administration shall be covered
16    under  the  medical assistance program under this Article for
17    persons who are otherwise eligible for assistance under  this
18    Article.
19        Notwithstanding  any  other  provision  of this Code, the
20    Illinois Department  may  not  require,  as  a  condition  of
21    payment   for  any  laboratory  test  authorized  under  this
22    Article, that a physician's handwritten signature  appear  on
23    the laboratory test order form.  The Illinois Department may,
24    however,  impose  other  appropriate  requirements  regarding
25    laboratory test order documentation.
26        The  Illinois  Department of Public Aid shall provide the
27    following services to persons eligible for  assistance  under
28    this  Article who are participating in education, training or
29    employment programs  operated  by  the  Department  of  Human
30    Services as successor to the Department of Public Aid:
31             (1)  dental services, which shall include but not be
32        limited to prosthodontics; and
33             (2)  eyeglasses prescribed by a physician skilled in
34        the  diseases of the eye, or by an optometrist, whichever
 
                            -110-    LRB093 13539 MKM 18882 b
 1        the person may select.
 2        The Illinois Department, by  rule,  may  distinguish  and
 3    classify   the  medical  services  to  be  provided  only  in
 4    accordance with the classes of persons designated in  Section
 5    5-2.
 6        The Illinois Department shall authorize the provision of,
 7    and  shall  authorize  payment  for,  screening  by  low-dose
 8    mammography  for  the  presence  of  occult breast cancer for
 9    women 35 years of age or older who are eligible  for  medical
10    assistance  under  this  Article,  as  follows:   a  baseline
11    mammogram  for  women  35  to  39  years of age and an annual
12    mammogram for women 40 years of age or older.  All screenings
13    shall  include  a  physical  breast  exam,   instruction   on
14    self-examination  and  information regarding the frequency of
15    self-examination and its value as a  preventative  tool.   As
16    used  in this Section, "low-dose mammography" means the x-ray
17    examination  of  the   breast   using   equipment   dedicated
18    specifically  for  mammography,  including  the  x-ray  tube,
19    filter,  compression  device,  image receptor, and cassettes,
20    with an average radiation exposure delivery of less than  one
21    rad mid-breast, with 2 views for each breast.
22        Any  medical  or  health  care provider shall immediately
23    recommend, to  any  pregnant  woman  who  is  being  provided
24    prenatal  services  and  is  suspected  of  drug  abuse or is
25    addicted as defined in the Alcoholism and  Other  Drug  Abuse
26    and  Dependency  Act,  referral  to  a  local substance abuse
27    treatment  provider  licensed  by  the  Department  of  Human
28    Services or to a licensed hospital which  provides  substance
29    abuse treatment services.  The Department of Public Aid shall
30    assure  coverage  for the cost of treatment of the drug abuse
31    or addiction for pregnant recipients in accordance  with  the
32    Illinois  Medicaid Program in conjunction with the Department
33    of Human Services.
34        All medical providers  providing  medical  assistance  to
 
                            -111-    LRB093 13539 MKM 18882 b
 1    pregnant women under this Code shall receive information from
 2    the Department on the availability of services under the Drug
 3    Free  Families  with  a  Future  or  any  comparable  program
 4    providing   case  management  services  for  addicted  women,
 5    including information  on  appropriate  referrals  for  other
 6    social  services  that  may  be  needed  by addicted women in
 7    addition to treatment for addiction.
 8        The  Illinois  Department,  in   cooperation   with   the
 9    Departments of Human Services (as successor to the Department
10    of Alcoholism and Substance Abuse) and Public Health, through
11    a   public   awareness   campaign,  may  provide  information
12    concerning  treatment  for  alcoholism  and  drug  abuse  and
13    addiction, prenatal health care, and other pertinent programs
14    directed at reducing the number of drug-affected infants born
15    to recipients of medical assistance.
16        Neither the Illinois Department of  Public  Aid  nor  the
17    Department  of  Human  Services  shall sanction the recipient
18    solely on the basis of her substance abuse.
19        The Illinois Department shall establish such  regulations
20    governing  the  dispensing  of  health  services  under  this
21    Article  as  it shall deem appropriate.  In formulating these
22    regulations the Illinois Department shall  consult  with  and
23    give substantial weight to the recommendations offered by the
24    Citizens  Assembly/Council  on  Public  Aid.  The  Department
25    should  seek  the  advice  of  formal  professional  advisory
26    committees   appointed   by  the  Director  of  the  Illinois
27    Department for the purpose of  providing  regular  advice  on
28    policy  and administrative matters, information dissemination
29    and  educational  activities  for  medical  and  health  care
30    providers, and consistency  in  procedures  to  the  Illinois
31    Department.
32        The  Illinois  Department  may  develop and contract with
33    Partnerships of medical providers to arrange medical services
34    for  persons  eligible  under  Section  5-2  of  this   Code.
 
                            -112-    LRB093 13539 MKM 18882 b
 1    Implementation  of  this  Section  may  be  by  demonstration
 2    projects  in certain geographic areas.  The Partnership shall
 3    be represented by a sponsor organization.  The Department, by
 4    rule,  shall   develop   qualifications   for   sponsors   of
 5    Partnerships.   Nothing in this Section shall be construed to
 6    require  that  the  sponsor   organization   be   a   medical
 7    organization.
 8        The  sponsor must negotiate formal written contracts with
 9    medical  providers  for  physician  services,  inpatient  and
10    outpatient hospital care, home health services, treatment for
11    alcoholism and substance abuse, and other services determined
12    necessary by the Illinois Department by rule for delivery  by
13    Partnerships.   Physician  services must include prenatal and
14    obstetrical care.  The Illinois  Department  shall  reimburse
15    medical   services  delivered  by  Partnership  providers  to
16    clients in target  areas  according  to  provisions  of  this
17    Article  and  the  Illinois Health Finance Reform Act, except
18    that:
19             (1)  Physicians participating in a  Partnership  and
20        providing  certain services, which shall be determined by
21        the Illinois Department, to persons in areas  covered  by
22        the  Partnership  may receive an additional surcharge for
23        such services.
24             (2)  The  Department  may  elect  to  consider   and
25        negotiate   financial   incentives   to   encourage   the
26        development of Partnerships and the efficient delivery of
27        medical care.
28             (3)  Persons   receiving  medical  services  through
29        Partnerships may  receive  medical  and  case  management
30        services  above  the  level  usually  offered through the
31        medical assistance program.
32        Medical providers  shall  be  required  to  meet  certain
33    qualifications  to  participate in Partnerships to ensure the
34    delivery   of   high   quality   medical   services.    These
 
                            -113-    LRB093 13539 MKM 18882 b
 1    qualifications shall be determined by rule  of  the  Illinois
 2    Department   and   may  be  higher  than  qualifications  for
 3    participation in the medical assistance program.  Partnership
 4    sponsors may prescribe reasonable  additional  qualifications
 5    for  participation  by medical providers, only with the prior
 6    written approval of the Illinois Department.
 7        Nothing in this Section shall limit the  free  choice  of
 8    practitioners,  hospitals,  and  other  providers  of medical
 9    services by clients. In order to ensure  patient  freedom  of
10    choice,  the Illinois Department shall immediately promulgate
11    all rules and  take  all  other  necessary  actions  so  that
12    provided   services  may  be  accessed  from  therapeutically
13    certified optometrists to the full  extent  of  the  Illinois
14    Optometric   Practice  Act  of  1987  without  discriminating
15    between service providers.
16        The Department shall apply for a waiver from  the  United
17    States  Health Care Financing Administration to allow for the
18    implementation of Partnerships under this Section.
19        The  Illinois  Department  shall  require   health   care
20    providers  to maintain records that document the medical care
21    and services provided to  recipients  of  Medical  Assistance
22    under  this  Article.   The Illinois Department shall require
23    health care providers to make available, when  authorized  by
24    the  patient,  in  writing,  the  medical records in a timely
25    fashion to other health care providers who  are  treating  or
26    serving  persons  eligible  for Medical Assistance under this
27    Article.   All  dispensers  of  medical  services  shall   be
28    required  to  maintain  and  retain business and professional
29    records sufficient  to  fully  and  accurately  document  the
30    nature,  scope,  details  and  receipt  of  the  health  care
31    provided  to  persons  eligible  for medical assistance under
32    this Code, in accordance with regulations promulgated by  the
33    Illinois Department.  The rules and regulations shall require
34    that  proof  of  the receipt of prescription drugs, dentures,
 
                            -114-    LRB093 13539 MKM 18882 b
 1    prosthetic devices and eyeglasses by eligible  persons  under
 2    this Section accompany each claim for reimbursement submitted
 3    by the dispenser of such medical services. No such claims for
 4    reimbursement  shall  be approved for payment by the Illinois
 5    Department without such proof of receipt, unless the Illinois
 6    Department shall have put into effect and shall be  operating
 7    a  system  of post-payment audit and review which shall, on a
 8    sampling basis, be deemed adequate by the Illinois Department
 9    to assure that such drugs, dentures, prosthetic  devices  and
10    eyeglasses for which payment is being made are actually being
11    received  by  eligible  recipients.  Within 90 days after the
12    effective date of this amendatory Act of 1984,  the  Illinois
13    Department  shall  establish  a  current  list of acquisition
14    costs  for  all  prosthetic  devices  and  any  other   items
15    recognized  as  medical  equipment  and supplies reimbursable
16    under this Article and shall update such list on a  quarterly
17    basis,  except that the acquisition costs of all prescription
18    drugs shall be updated no less frequently than every 30  days
19    as required by Section 5-5.12.
20        The  rules  and  regulations  of  the Illinois Department
21    shall require that a written statement including the required
22    opinion  of  a  physician  shall  accompany  any  claim   for
23    reimbursement  for  abortions,  or  induced  miscarriages  or
24    premature   births.    This  statement  shall  indicate  what
25    procedures were used in providing such medical services.
26        The Illinois Department shall require all  dispensers  of
27    medical  services,  other  than an individual practitioner or
28    group  of  practitioners,  desiring  to  participate  in  the
29    Medical Assistance program established under this Article  to
30    disclose all financial, beneficial, ownership, equity, surety
31    or  other  interests  in  any  and  all  firms, corporations,
32    partnerships,  associations,  business   enterprises,   joint
33    ventures,  agencies,  institutions  or  other  legal entities
34    providing any form of health  care  services  in  this  State
 
                            -115-    LRB093 13539 MKM 18882 b
 1    under this Article.
 2        The  Illinois  Department may require that all dispensers
 3    of medical services desiring to participate  in  the  medical
 4    assistance  program  established under this Article disclose,
 5    under such terms and conditions as  the  Illinois  Department
 6    may  by  rule  establish,  all  inquiries  from  clients  and
 7    attorneys  regarding  medical  bills  paid  by  the  Illinois
 8    Department,   which   inquiries   could   indicate  potential
 9    existence of claims or liens for the Illinois Department.
10        Enrollment  of  a  vendor  that  provides   non-emergency
11    medical  transportation,  defined  by the Department by rule,
12    shall be conditional for 180  days.  During  that  time,  the
13    Department   of   Public   Aid  may  terminate  the  vendor's
14    eligibility to participate in the medical assistance  program
15    without  cause.   That  termination  of  eligibility  is  not
16    subject to the Department's hearing process.
17        The   Illinois   Department   shall  establish  policies,
18    procedures,  standards  and  criteria   by   rule   for   the
19    acquisition,   repair   and   replacement   of  orthotic  and
20    prosthetic devices and durable medical equipment.  Such rules
21    shall provide, but not be limited to, the following services:
22    (1) immediate  repair  or  replacement  of  such  devices  by
23    recipients  without  medical  authorization;  and (2) rental,
24    lease,  purchase  or  lease-purchase   of   durable   medical
25    equipment   in   a   cost-effective   manner,   taking   into
26    consideration  the  recipient's medical prognosis, the extent
27    of the recipient's needs, and the requirements and costs  for
28    maintaining  such  equipment.   Such  rules  shall  enable  a
29    recipient  to  temporarily  acquire  and  use  alternative or
30    substitute  devices   or   equipment   pending   repairs   or
31    replacements of any device or equipment previously authorized
32    for  such recipient by the Department. Rules under clause (2)
33    above shall not provide for  purchase  or  lease-purchase  of
34    durable medical equipment or supplies used for the purpose of
 
                            -116-    LRB093 13539 MKM 18882 b
 1    oxygen delivery and respiratory care.
 2        The  Department  shall  execute,  relative to the nursing
 3    home prescreening project,  written  inter-agency  agreements
 4    with  the  Department of Human Services and the Department on
 5    Aging, to effect the following:  (i)  intake  procedures  and
 6    common   eligibility  criteria  for  those  persons  who  are
 7    receiving   non-institutional   services;   and   (ii)    the
 8    establishment  and  development of non-institutional services
 9    in areas of the State where they are not currently  available
10    or are undeveloped.
11        The  Illinois  Department  shall  develop and operate, in
12    cooperation with other State Departments and agencies and  in
13    compliance  with  applicable  federal  laws  and regulations,
14    appropriate and effective systems of health  care  evaluation
15    and  programs  for  monitoring  of utilization of health care
16    services and facilities, as it affects persons  eligible  for
17    medical  assistance  under this Code. The Illinois Department
18    shall report regularly the results of the operation  of  such
19    systems  and  programs  to  the  Citizens Assembly/Council on
20    Public Aid to enable the Committee to ensure,  from  time  to
21    time, that these programs are effective and meaningful.
22        The  Illinois  Department  shall  report  annually to the
23    General Assembly, no later than the second Friday in April of
24    1979 and each year thereafter, in regard to:
25             (a)  actual statistics and trends in utilization  of
26        medical services by public aid recipients;
27             (b)  actual  statistics  and trends in the provision
28        of the various medical services by medical vendors;
29             (c)  current rate structures and proposed changes in
30        those rate structures for the  various  medical  vendors;
31        and
32             (d)  efforts  at  utilization  review and control by
33        the Illinois Department.
34        The period covered by each report shall be  the  3  years
 
                            -117-    LRB093 13539 MKM 18882 b
 1    ending  on the June 30 prior to the report.  The report shall
 2    include  suggested  legislation  for  consideration  by   the
 3    General  Assembly.  The filing of one copy of the report with
 4    the Speaker, one copy with the Minority Leader and  one  copy
 5    with the Clerk of the House of Representatives, one copy with
 6    the President, one copy with the Minority Leader and one copy
 7    with   the  Secretary  of  the  Senate,  one  copy  with  the
 8    Legislative Research Unit, as required by Section 3.1 of  the
 9    General  Assembly  Organization  Act,  such additional copies
10    with the State Government Report Distribution Center for  the
11    General  Assembly  as  is  required  under  paragraph  (t) of
12    Section 7 of the State Library Act  and  one  copy  with  the
13    Citizens  Assembly/Council  on  Public  Aid  or its successor
14    shall be deemed sufficient to comply with this Section.
15    (Source: P.A.  91-344,  eff.  1-1-00;  91-462,  eff.  8-6-99;
16    91-666,  eff.  12-22-99;  92-16,  eff.  6-28-01; 92-651, eff.
17    7-11-02; 92-789, eff. 8-6-02.)

18        (305 ILCS 5/5-5.8) (from Ch. 23, par. 5-5.8)
19        Sec. 5-5.8.  Report on nursing home  reimbursement.   The
20    Illinois  Department  shall  report  annually  to the General
21    Assembly, no later than the first Monday in  April  of  1982,
22    and each year thereafter, in regard to:
23        (a)  the  rate  structure used by the Illinois Department
24    to reimburse nursing facilities;
25        (b)  changes  in  the  rate  structure  for   reimbursing
26    nursing facilities;
27        (c)  the  administrative and program costs of reimbursing
28    nursing facilities;
29        (d)  the availability of beds in nursing  facilities  for
30    public aid recipients; and
31        (e)  the  number  of  closings of nursing facilities, and
32    the reasons for those closings.
33        The requirement for reporting  to  the  General  Assembly
 
                            -118-    LRB093 13539 MKM 18882 b
 1    shall  be  satisfied  by filing copies of the report with the
 2    Speaker, the Minority Leader and the Clerk of  the  House  of
 3    Representatives  and  the  President, the Minority Leader and
 4    the Secretary of the  Senate  and  the  Legislative  Research
 5    Unit,  as  required  by  Section  3.1 of the General Assembly
 6    Organization Act "An Act to revise the law in relation to the
 7    General Assembly", approved February 25,  1874,  as  amended,
 8    and  filing  such additional copies with the State Government
 9    Report Distribution Center for the  General  Assembly  as  is
10    required  under  paragraph  (t)  of  Section  7  of the State
11    Library Act.
12    (Source: P.A. 84-1438.)

13        (305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
14        Sec. 12-5.  Appropriations; uses; federal grants;  report
15    to  General  Assembly.   From  the  sums  appropriated by the
16    General Assembly, the Illinois  Department  shall  order  for
17    payment  by warrant from the State Treasury grants for public
18    aid under Articles III,  IV,  and  V,  including  grants  for
19    funeral  and burial expenses, and all costs of administration
20    of  the  Illinois  Department  and  the  County   Departments
21    relating   thereto.   Moneys  appropriated  to  the  Illinois
22    Department for public aid under Article VI may be used,  with
23    the  consent  of  the  Governor,  to co-operate with federal,
24    State, and local agencies in the development of work projects
25    designed to provide suitable employment for persons receiving
26    public aid under Article VI. The  Illinois  Department,  with
27    the  consent  of  the Governor, may be the agent of the State
28    for  the  receipt  and  disbursement  of  federal  funds   or
29    commodities  for public aid purposes under Article VI and for
30    related purposes in which the co-operation  of  the  Illinois
31    Department  is  sought  by  the  federal  government, and, in
32    connection therewith, may make  necessary  expenditures  from
33    moneys  appropriated for public aid under any Article of this
 
                            -119-    LRB093 13539 MKM 18882 b
 1    Code and for administration.  The Illinois  Department,  with
 2    the  consent  of  the Governor, may be the agent of the State
 3    for the receipt and disbursement of federal funds pursuant to
 4    the Immigration Reform and Control Act of 1986 and  may  make
 5    necessary  expenditures  from  monies  appropriated to it for
 6    operations, administration, and grants, including payment  to
 7    the  Health  Insurance Reserve Fund for group insurance costs
 8    at the rate certified by the Department of Central Management
 9    Services.  All amounts received by  the  Illinois  Department
10    pursuant  to  the  Immigration Reform and Control Act of 1986
11    shall be deposited in  the  Immigration  Reform  and  Control
12    Fund.   All  amounts received into the Immigration Reform and
13    Control Fund  as  reimbursement  for  expenditures  from  the
14    General  Revenue  Fund  shall  be  transferred to the General
15    Revenue Fund.
16        All  grants  received  by  the  Illinois  Department  for
17    programs funded by the Federal Social  Services  Block  Grant
18    shall  be  deposited in the Social Services Block Grant Fund.
19    All funds received into the Social Services Block Grant  Fund
20    as  reimbursement  for  expenditures from the General Revenue
21    Fund shall be transferred to the General Revenue  Fund.   All
22    funds  received into the Social Services Block Grant fund for
23    reimbursement for expenditure out  of  the  Local  Initiative
24    Fund  shall  be  transferred  into the Local Initiative Fund.
25    Any other federal funds received  into  the  Social  Services
26    Block Grant Fund shall be transferred to the Special Purposes
27    Trust  Fund.   All  federal  funds  received  by the Illinois
28    Department  as  reimbursement  for  Employment  and  Training
29    Programs for expenditures made  by  the  Illinois  Department
30    from  grants,  gifts,  or  legacies  as  provided  in Section
31    12-4.18  or  made  by  an  entity  other  than  the  Illinois
32    Department  shall  be  deposited  into  the  Employment   and
33    Training   Fund,   except  that  federal  funds  received  as
34    reimbursement as a result of the appropriation made  for  the
 
                            -120-    LRB093 13539 MKM 18882 b
 1    costs  of  providing  adult  education  to  public assistance
 2    recipients under  the  "Adult  Education,  Public  Assistance
 3    Fund"  shall  be  deposited  into  the  General Revenue Fund;
 4    provided, however, that all  funds,  except  those  that  are
 5    specified  in  an  interagency agreement between the Illinois
 6    Community College Board and the Illinois Department, that are
 7    received by the Illinois Department  as  reimbursement  under
 8    Title  IV-A  of the Social Security Act for expenditures that
 9    are made by the  Illinois  Community  College  Board  or  any
10    public community college of this State shall be credited to a
11    special  account that the State Treasurer shall establish and
12    maintain within the Employment  and  Training  Fund  for  the
13    purpose   of  segregating  the  reimbursements  received  for
14    expenditures made by those entities.  As  reimbursements  are
15    deposited into the Employment and Training Fund, the Illinois
16    Department  shall  certify to the State Comptroller and State
17    Treasurer the amount that is to be credited  to  the  special
18    account  established  within that Fund as a reimbursement for
19    expenditures under Title IV-A of the Social Security Act made
20    by the Illinois Community College Board or any of the  public
21    community  colleges.   All  amounts  credited  to the special
22    account established and maintained within the Employment  and
23    Training  Fund  as provided in this Section shall be held for
24    transfer to  the  TANF  Opportunities  Fund  as  provided  in
25    subsection   (d)   of  Section  12-10.3,  and  shall  not  be
26    transferred to any other fund or used for any other purpose.
27        Any or all federal funds received  as  reimbursement  for
28    food  and  shelter  assistance  under  the Emergency Food and
29    Shelter  Program  authorized  by  Section   12-4.5   may   be
30    deposited,  with  the  consent  of  the  Governor,  into  the
31    Homelessness Prevention Fund.
32        Eighty  percent  of  the  federal financial participation
33    funds received by the Illinois  Department  under  the  Title
34    IV-A   Emergency  Assistance  program  as  reimbursement  for
 
                            -121-    LRB093 13539 MKM 18882 b
 1    expenditures made from the Illinois  Department  of  Children
 2    and Family Services appropriations for the costs of providing
 3    services  in  behalf  of  Department  of  Children and Family
 4    Services clients shall be deposited into the DCFS  Children's
 5    Services Fund.
 6        All  federal funds, except those covered by the foregoing
 7    3 paragraphs, received as reimbursement for expenditures from
 8    the General Revenue Fund shall be deposited  in  the  General
 9    Revenue Fund for administrative and distributive expenditures
10    properly  chargeable  by  federal  law  or  regulation to aid
11    programs established  under  Articles  III  through  XII  and
12    Titles  IV,  XVI,  XIX  and XX of the Federal Social Security
13    Act.  Any  other  federal  funds  received  by  the  Illinois
14    Department  under  Sections  12-4.6, 12-4.18 and 12-4.19 that
15    are required by Section 12-10 of this Code to  be  paid  into
16    the  Special  Purposes Trust Fund shall be deposited into the
17    Special  Purposes  Trust  Fund.   Any  other  federal   funds
18    received  by  the  Illinois  Department pursuant to the Child
19    Support Enforcement Program established by Title IV-D of  the
20    Social  Security  Act shall be deposited in the Child Support
21    Enforcement Trust Fund as required under Section  12-10.2  of
22    this  Code.  Any other federal funds received by the Illinois
23    Department for medical assistance program  expenditures  made
24    under  Title  XIX of the Social Security Act and Article V of
25    this Code that are required by Section 5-4.21 of this Code to
26    be paid into the Medicaid Developmentally  Disabled  Provider
27    Participation  Fee  Trust  Fund  shall  be deposited into the
28    Medicaid Developmentally Disabled Provider Participation  Fee
29    Trust Fund.  Any other federal funds received by the Illinois
30    Department  for  medical assistance program expenditures made
31    under Title XIX of the Social Security Act and Article  V  of
32    this Code that are required by Section 5-4.31 of this Code to
33    be   paid   into   the   Medicaid  Long  Term  Care  Provider
34    Participation Fee Trust Fund  shall  be  deposited  into  the
 
                            -122-    LRB093 13539 MKM 18882 b
 1    Medicaid  Long  Term  Care  Provider  Participation Fee Trust
 2    Fund.  Any other  federal  funds  received  by  the  Illinois
 3    Department  for hospital inpatient, hospital ambulatory care,
 4    and disproportionate share hospital expenditures  made  under
 5    Title  XIX  of  the Social Security Act and Article V of this
 6    Code that are required by Section 14-2 of  this  Code  to  be
 7    paid into the Hospital Services Trust Fund shall be deposited
 8    into  the  Hospital  Services  Trust Fund.  Any other federal
 9    funds received by the Illinois  Department  for  expenditures
10    made  under Title XIX of the Social Security Act and Articles
11    V and VI of this Code that are required by  Section  15-2  of
12    this  Code  to  be  paid  into the County Provider Trust Fund
13    shall be deposited into the County Provider Trust Fund.   Any
14    other  federal  funds received by the Illinois Department for
15    hospital   inpatient,   hospital   ambulatory    care,    and
16    disproportionate share hospital expenditures made under Title
17    XIX  of  the  Social  Security Act and Article V of this Code
18    that are required by Section 5A-8 of this  Code  to  be  paid
19    into  the  Hospital Provider Fund shall be deposited into the
20    Hospital Provider Fund.  Any other federal funds received  by
21    the   Illinois  Department  for  medical  assistance  program
22    expenditures made under Title XIX of the Social Security  Act
23    and  Article V of this Code that are required by Section 5B-8
24    of this Code to be paid into the Long-Term Care Provider Fund
25    shall be deposited into the  Long-Term  Care  Provider  Fund.
26    Any  other  federal funds received by the Illinois Department
27    for medical assistance program expenditures made under  Title
28    XIX  of  the  Social  Security Act and Article V of this Code
29    that are required by Section 5C-7 of this  Code  to  be  paid
30    into the Developmentally Disabled Care Provider Fund shall be
31    deposited  into  the  Developmentally  Disabled Care Provider
32    Fund.  Any other  federal  funds  received  by  the  Illinois
33    Department  for  trauma  center  adjustment payments that are
34    required by Section 5-5.03 of this Code and made under  Title
 
                            -123-    LRB093 13539 MKM 18882 b
 1    XIX  of  the  Social  Security Act and Article V of this Code
 2    shall be deposited into the Trauma Center  Fund.   Any  other
 3    federal   funds   received  by  the  Illinois  Department  as
 4    reimbursement for expenses for  early  intervention  services
 5    paid  from  the  Early  Intervention  Services Revolving Fund
 6    shall be deposited into that Fund.
 7        The Illinois Department shall consult with  the  Citizens
 8    Assembly/Council  on Public Aid in respect to the expenditure
 9    of federal funds from the Special Purposes Trust  Fund  under
10    Section  12-10  and  the  Local Initiative Fund under Section
11    12-10.1.  It shall report to the General Assembly at the  end
12    of  each  fiscal quarter the amount of all funds received and
13    paid into the Social Service Block Grant Fund and  the  Local
14    Initiative  Fund  and  the expenditures and transfers of such
15    funds for services, programs and other purposes authorized by
16    law.  Such report shall be filed with the  Speaker,  Minority
17    Leader  and  Clerk of the House, with the President, Minority
18    Leader and Secretary of the Senate, with the Chairmen of  the
19    House  and  Senate Appropriations Committees, the House Human
20    Resources Committee and the Senate Public Health, Welfare and
21    Corrections Committee, or the successor  standing  Committees
22    of  each  as  provided  by the rules of the House and Senate,
23    respectively, with the Legislative Research Unit, as required
24    by Section 3.1 of the General Assembly Organization Act,  and
25    with  the State Government Report Distribution Center for the
26    General Assembly  as  is  required  under  paragraph  (t)  of
27    Section  7  of  the  State  Library Act and one copy with the
28    Citizens Assembly/Council on  Public  Aid  or  its  successor
29    shall be deemed sufficient to comply with this Section.
30    (Source: P.A. 92-111, eff. 1-1-02.)

31        Section  225.  The Interagency Board for Children who are
32    Deaf or Hard-of-Hearing and have an Emotional  or  Behavioral
33    Disorder Act is amended by changing Section 11 as follows:
 
                            -124-    LRB093 13539 MKM 18882 b
 1        (325 ILCS 35/11) (from Ch. 23, par. 6711)
 2        Sec.  11.  Reports.  The Board shall make a report of its
 3    work annually to the State Superintendent of Education and to
 4    the Governor and to  each  regular  session  of  the  General
 5    Assembly.
 6        The  requirement  for  reporting  to the General Assembly
 7    shall be satisfied by filing copies of the  report  with  the
 8    Speaker,  the  Minority  Leader and the Clerk of the House of
 9    Representatives and the President, the  Minority  Leader  and
10    the  Secretary  of  the  Senate  and the Legislative Research
11    Unit, as required by Section  3.1  of  the  General  Assembly
12    Organization  Act  and filing such additional copies with the
13    State Government Report Distribution Center for  the  General
14    Assembly  as  is required under paragraph (t) of Section 7 of
15    the State Library Act.
16    (Source: P.A. 86-1200; 87-1127.)

17        Section 230.  The Environmental Protection Act is amended
18    by changing Section 6.1 as follows:

19        (415 ILCS 5/6.1) (from Ch. 111 1/2, par. 1006.1)
20        Sec. 6.1.   The  Department  of  Commerce  and  Community
21    Affairs shall conduct studies of the effects of all State and
22    federal  sulfur dioxide regulations and emission standards on
23    the use of Illinois coal and other fuels,  and  shall  report
24    the  results  of such studies to the Governor and the General
25    Assembly.  The reports shall be made  by  July  1,  1980  and
26    biennially thereafter.
27        The  requirement  for  reporting  to the General Assembly
28    shall be satisfied by filing copies of the  report  with  the
29    Speaker,  the  Minority  Leader and the Clerk of the House of
30    Representatives and the President, the  Minority  Leader  and
31    the  Secretary  of  the  Senate  and the Legislative Research
32    Unit, as required by Section  3.1  of  the  General  Assembly
 
                            -125-    LRB093 13539 MKM 18882 b
 1    Organization Act "An Act to revise the law in relation to the
 2    General  Assembly",  approved  February 25, 1874, as amended,
 3    and filing such additional copies with the  State  Government
 4    Report  Distribution  Center  for  the General Assembly as is
 5    required under paragraph  (t)  of  Section  7  of  the  State
 6    Library Act.
 7    (Source: P.A. 89-445, eff. 2-7-96.)

 8        Section  235.   The  Illinois  Highway Code is amended by
 9    changing Section 4-201.16 as follows:

10        (605 ILCS 5/4-201.16) (from Ch. 121, par. 4-201.16)
11        Sec.  4-201.16.   Land  acquired  for  highway  purposes,
12    including buildings or improvements upon such  property,  may
13    be  rented  between the time of acquisition and the time when
14    the land is needed for highway purposes.
15        The Department shall  file  an  annual  report  with  the
16    General  Assembly,  by October 1 of each year, which details,
17    by county, the number of rented parcels, the total amount  of
18    rent  received  from these parcels, and the number of parcels
19    which include buildings or improvements.
20        The requirement for reporting  to  the  General  Assembly
21    shall  be  satisfied  by filing copies of the report with the
22    Speaker, the Minority Leader and the Clerk of  the  House  of
23    Representatives  and  the  President, the Minority Leader and
24    the Secretary of the  Senate  and  the  Legislative  Research
25    Unit,  as  required  by  Section  3.1 of the General Assembly
26    Organization Act "An Act to revise the law in relation to the
27    General Assembly", approved February 25,  1874,  as  amended,
28    and  filing  such additional copies with the State Government
29    Report Distribution Center for the  General  Assembly  as  is
30    required  under  paragraph  (t)  of  Section  7  of the State
31    Library Act.
32    (Source: P.A. 84-1438.)
 
                            -126-    LRB093 13539 MKM 18882 b
 1        Section 240.  The  Rivers,  Lakes,  and  Streams  Act  is
 2    amended by changing Sections 14a, 16, and 20 as follows:

 3        (615 ILCS 5/14a) (from Ch. 19, par. 61a)
 4        Sec.   14a.    It   is  the  express  intention  of  this
 5    legislation that close cooperation shall  exist  between  the
 6    Pollution Control Board, the Environmental Protection Agency,
 7    and  the  Department  of  Natural  Resources  and  that every
 8    resource of State government shall be applied to  the  proper
 9    preservation and utilization of the waters of Lake Michigan.
10        The  Environmental  Protection Agency shall work in close
11    cooperation with the City of Chicago and other affected units
12    of government to:  (1)  terminate  discharge  of  pollutional
13    waste  materials  to  Lake  Michigan  from  vessels  in  both
14    intra-state   and   inter-state  navigation,  and  (2)  abate
15    domestic, industrial, and other pollution to assure that Lake
16    Michigan beaches in  Illinois  are  suitable  for  full  body
17    contact  sports,  meeting  criteria  of the Pollution Control
18    Board.
19        The  Environmental  Protection  Agency  shall   regularly
20    conduct  water  quality  and lake bed surveys to evaluate the
21    ecology and the quality of water in Lake Michigan. Results of
22    such surveys shall be made available, without charge, to  all
23    interested   persons   and   agencies.   It   shall   be  the
24    responsibility  of  the   Director   of   the   Environmental
25    Protection  Agency  to report annually or at such other times
26    as the Governor  shall  direct;  such  report  shall  provide
27    hydrologic,   biologic,   and  chemical  data  together  with
28    recommendations to the Governor and members  of  the  General
29    Assembly.
30        The  requirement  for  reporting  to the General Assembly
31    shall be satisfied by filing copies of the  report  with  the
32    Speaker,  the  Minority  Leader and the Clerk of the House of
33    Representatives and the President, the  Minority  Leader  and
 
                            -127-    LRB093 13539 MKM 18882 b
 1    the  Secretary  of  the  Senate  and the Legislative Research
 2    Unit, as required by Section  3.1  of  the  General  Assembly
 3    Organization Act "An Act to revise the law in relation to the
 4    General  Assembly",  approved  February 25, 1874, as amended,
 5    and filing such additional copies with the  State  Government
 6    Report  Distribution  Center  for  the General Assembly as is
 7    required under paragraph  (t)  of  Section  7  of  the  State
 8    Library Act.
 9        In  meeting  the  requirements of this Act, the Pollution
10    Control Board, Environmental Protection Agency and Department
11    of Natural Resources are authorized to be in  direct  contact
12    with   individuals,   municipalities,   public   and  private
13    corporations and other organizations  which  are  or  may  be
14    contributing to the discharge of pollution to Lake Michigan.
15    (Source: P.A. 89-445, eff. 2-7-96.)

16        (615 ILCS 5/16) (from Ch. 19, par. 63)
17        Sec.  16.  The Department of Natural Resources shall plan
18    and devise methods, ways and means for the  preservation  and
19    beautifying  of  the public bodies of water of the State, and
20    for making the same more available for the use of the public,
21    and it shall from  time  to  time  report  its  findings  and
22    conclusions  to  the  Governor and general assembly, and from
23    time to time submit to the general assembly  drafts  of  such
24    measures  as  it  may  deem  necessary  to be enacted for the
25    accomplishment of such purpose, or for the protection of such
26    bodies of water.
27        The requirement for reporting  to  the  General  Assembly
28    shall  be  satisfied  by filing copies of the report with the
29    Speaker, the Minority Leader and the Clerk of  the  House  of
30    Representatives  and  the  President, the Minority Leader and
31    the Secretary of the  Senate  and  the  Legislative  Research
32    Unit,  as  required  by  Section  3.1 of the General Assembly
33    Organization Act "An Act to revise the law in relation to the
 
                            -128-    LRB093 13539 MKM 18882 b
 1    General Assembly", approved February 25,  1874,  as  amended,
 2    and  filing  such additional copies with the State Government
 3    Report Distribution Center for the  General  Assembly  as  is
 4    required  under  paragraph  (t)  of  Section  7  of the State
 5    Library Act.
 6    (Source: P.A. 89-445, eff. 2-7-96.)

 7        (615 ILCS 5/20) (from Ch. 19, par. 67)
 8        Sec. 20.   The  Department  of  Natural  Resources  shall
 9    obtain  data  and  information  as to the availability of the
10    various streams of Illinois for water power, and preserve all
11    such data,  and  report  to  the  Governor  and  the  general
12    assembly such facts as to the amount of water power which can
13    be so developed, from time to time, as in its judgment should
14    be communicated, looking to the preservation of the rights of
15    the  State  of  Illinois in the water power and navigation of
16    this State.
17        The requirement for reporting  to  the  General  Assembly
18    shall  be  satisfied  by filing copies of the report with the
19    Speaker, the Minority Leader and the Clerk of  the  House  of
20    Representatives  and  the  President, the Minority Leader and
21    the Secretary of the  Senate  and  the  Legislative  Research
22    Unit,  as  required  by  Section  3.1 of the General Assembly
23    Organization Act "An Act to revise the law in relation to the
24    General Assembly", approved February 25,  1874,  as  amended,
25    and  filing  such additional copies with the State Government
26    Report Distribution Center for the  General  Assembly  as  is
27    required  under  paragraph  (t)  of  Section  7  of the State
28    Library Act.
29    (Source: P.A. 89-445, eff. 2-7-96.)

30        Section 245.  The Flood Control Act of 1945 is amended by
31    changing Section 5 as follows:
 
                            -129-    LRB093 13539 MKM 18882 b
 1        (615 ILCS 15/5) (from Ch. 19, par. 126e)
 2        Sec. 5.  It shall  be  the  duty  of  the  Department  of
 3    Natural  Resources to execute examinations and surveys of the
 4    scope necessary and practical under this Act: The Director of
 5    Natural Resources may in his discretion or at  the  direction
 6    of  the  General Assembly cause an examination of any project
 7    for the improvement of  any  of  the  rivers  and  waters  of
 8    Illinois for any improvements authorized under this Act and a
 9    report   on  the  improvements  shall  be  submitted  to  the
10    Governor,  the  members  of  the  General  Assembly  of   the
11    Legislative  Districts in which the improvements are located,
12    and the General Assembly.  The requirement for  reporting  to
13    the  General  Assembly shall be satisfied by filing copies of
14    the report with the Speaker, the  Minority  Leader,  and  the
15    Clerk of the House of Representatives; and the President, the
16    Minority  Leader,  and  the  Secretary of the Senate; and the
17    Legislative Research Unit, as required by Section 3.1 of  the
18    General  Assembly Organization Act, and filing any additional
19    copies with the State Government Report  Distribution  Center
20    for  the  General Assembly as required under paragraph (t) of
21    Section 7 of  the  State  Library  Act.   All  reports  shall
22    include,  as may be practicable, a comprehensive study of the
23    watersheds  involved,  any  other  matter  required  by   the
24    Director  of Natural Resources, and any or all data as may be
25    pertinent in regard to:
26             (a)  the extent and character of the area affected;
27             (b)  the hydrography of the area affected, including
28        rainfall and run-off, frequency and severity  of  floods,
29        frequency and degree of low flows;
30             (c)  flood damages to rural property, growing crops,
31        urban  property, industrial property, and communications,
32        including highways, railways, and waterways;
33             (d)  the probable effect upon any navigable water or
34        waterway;
 
                            -130-    LRB093 13539 MKM 18882 b
 1             (e)  the   possible   economical   development   and
 2        utilization of water power;
 3             (f)  the   possible   economical   reclamation   and
 4        drainage of the bottomland and upland areas;
 5             (g)  any other allied  uses  that  may  be  properly
 6        related to or coordinated with the project, including but
 7        not  limited  to,  any  benefits  for public water supply
 8        uses,   public   recreational   uses,   or   wild    life
 9        conservation;
10             (h)  the  estimated  cost  of  the improvement and a
11        statement of special or local benefit that will accrue to
12        localities affected by the improvement and a statement of
13        general or state wide benefits, with  recommendations  as
14        to   what  local  cooperation,  participation,  and  cost
15        sharing should be required, if any,  on  account  of  the
16        special or local benefit.
17        The  heads of the several Departments of the State shall,
18    upon the request of the Director of Natural Resources, detail
19    representatives from their respective Departments  to  assist
20    the  Department  of  Natural  Resources  in  the study of the
21    watersheds, to the  end  that  duplication  of  work  may  be
22    avoided  and  the  various services of the State economically
23    coordinated therein.
24        In the exercise of its duties  under  this  Section,  the
25    Department  may  accept  or  amend  a work plan of the United
26    States government.  The federal work plan as accepted by  the
27    Department shall be filed as provided for in this Section.
28    (Source: P.A. 88-517; 89-445, eff. 2-7-96.)

29        Section  250.   The  Illinois  Vehicle Code is amended by
30    changing Section 15-203 as follows:

31        (625 ILCS 5/15-203) (from Ch. 95 1/2, par. 15-203)
32        Sec. 15-203.  Records of violations.  The  Department  of
 
                            -131-    LRB093 13539 MKM 18882 b
 1    State   Police  shall  maintain  records  of  the  number  of
 2    violators  of  such  acts  apprehended  and  the  number   of
 3    convictions  obtained.  A  resume  of  such  records shall be
 4    included in the Department's annual report to  the  Governor;
 5    and  the  Department  shall  also present such resume to each
 6    regular session of the General Assembly.
 7        The requirement for reporting  to  the  General  Assembly
 8    shall  be  satisfied  by filing copies of the report with the
 9    Speaker, the Minority Leader and the Clerk of  the  House  of
10    Representatives  and  the  President, the Minority Leader and
11    the Secretary of the  Senate  and  the  Legislative  Research
12    Unit,  as  required  by  Section  3.1 of the General Assembly
13    Organization Act "An Act to revise the law in relation to the
14    General Assembly", approved February 25,  1874,  as  amended,
15    and  filing  such additional copies with the State Government
16    Report Distribution Center for the  General  Assembly  as  is
17    required  under  paragraph  (t)  of  Section  7  of the State
18    Library Act.
19    (Source: P.A. 84-1438.)

20        Section 255.   The  Illinois  Abortion  Law  of  1975  is
21    amended by changing Section 10 as follows:

22        (720 ILCS 510/10) (from Ch. 38, par. 81-30)
23        Sec.  10.   A  report of each abortion performed shall be
24    made to the Department on forms prescribed by it. Such report
25    forms shall not identify the  patient  by  name,  but  by  an
26    individual  number  to  be  noted  in the patient's permanent
27    record in the possession of the physician, and shall  include
28    information concerning:
29        (1)  Identification  of  the  physician who performed the
30    abortion and the facility where the  abortion  was  performed
31    and a patient identification number;
32        (2)  State in which the patient resides;
 
                            -132-    LRB093 13539 MKM 18882 b
 1        (3)  Patient's date of birth, race and marital status;
 2        (4)  Number of prior pregnancies;
 3        (5)  Date of last menstrual period;
 4        (6)  Type of abortion procedure performed;
 5        (7)  Complications and whether the abortion resulted in a
 6    live birth;
 7        (8)  The date the abortion was performed;
 8        (9)  Medical  indications for any abortion performed when
 9    the fetus was viable;
10        (10)  The information required by  Sections  6(1)(b)  and
11    6(4)(b) of this Act, if applicable;
12        (11)  Basis  for  any  medical  judgment  that  a medical
13    emergency existed when required under  Sections  6(2)(a)  and
14    6(6) and when required to be reported in accordance with this
15    Section by any provision of this Law; and
16        (12)  The  pathologist's test results pursuant to Section
17    12 of this Act.
18        Such form shall be completed by  the  hospital  or  other
19    licensed  facility, signed by the physician who performed the
20    abortion or pregnancy termination,  and  transmitted  to  the
21    Department  not  later  than 10 days following the end of the
22    month in which the abortion was performed.
23        In the event that a complication of an abortion occurs or
24    becomes known after submission of  such  form,  a  correction
25    using   the  same  patient  identification  number  shall  be
26    submitted to the Department within 10 days  of  its  becoming
27    known.
28        The   Department  may  prescribe  rules  and  regulations
29    regarding the administration of this Law and shall  prescribe
30    regulations  to  secure  the  confidentiality  of the woman's
31    identity in the information to be provided under  the  "Vital
32    Records  Act".   All reports received by the Department shall
33    be treated as confidential and the  Department  shall  secure
34    the  woman's  anonymity.  Such reports shall be used only for
 
                            -133-    LRB093 13539 MKM 18882 b
 1    statistical purposes.
 2        Upon 30 days public notice, the Department  is  empowered
 3    to  require reporting of any additional information which, in
 4    the sound discretion  of  the  Department,  is  necessary  to
 5    develop  statistical  data  relating  to  the  protection  of
 6    maternal  or fetal life or health, or is necessary to enforce
 7    the provisions of this Law, or is necessary to develop useful
 8    criteria  for  medical  decisions.   The   Department   shall
 9    annually  report to the General Assembly all statistical data
10    gathered under this Law and its  recommendations  to  further
11    the purpose of this Law.
12        The  requirement  for  reporting  to the General Assembly
13    shall be satisfied by filing copies of the  report  with  the
14    Speaker,  the  Minority  Leader and the Clerk of the House of
15    Representatives and the President, the  Minority  Leader  and
16    the  Secretary  of  the  Senate  and the Legislative Research
17    Unit, as required by Section  3.1  of  the  General  Assembly
18    Organization Act "An Act to revise the law in relation to the
19    General  Assembly",  approved  February 25, 1874, as amended,
20    and filing such additional copies with the  State  Government
21    Report  Distribution  Center  for  the General Assembly as is
22    required under paragraph  (t)  of  Section  7  of  the  State
23    Library Act.
24    (Source: P.A. 84-1438.)

25        Section  260.   The Code of Criminal Procedure of 1963 is
26    amended by changing Sections 108A-11 and 108B-13 as follows:

27        (725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
28        Sec. 108A-11.  Reports Concerning  Use  of  Eavesdropping
29    Devices.  (a) In January of each year the State's Attorney of
30    each county in which eavesdropping devices were used pursuant
31    to the  provisions  of  this  Article  shall  report  to  the
32    Department of State Police the following with respect to each
 
                            -134-    LRB093 13539 MKM 18882 b
 1    application   for   an   order  authorizing  the  use  of  an
 2    eavesdropping device, or an extension  thereof,  made  during
 3    the preceding calendar year:
 4        (1)  the   fact   that   such  an  order,  extension,  or
 5    subsequent approval of an emergency was applied for;
 6        (2)  the kind of order or extension applied for;
 7        (3)  a statement as to whether the order or extension was
 8    granted as applied for was modified, or was denied;
 9        (4)  the period authorized by the order or extensions  in
10    which an eavesdropping device could be used;
11        (5)  the  felony  specified  in  the  order  extension or
12    denied application;
13        (6)  the identity of the applying  investigative  or  law
14    enforcement officer and agency making the application and the
15    State's Attorney authorizing the application; and
16        (7)  the nature of the facilities from which or the place
17    where the eavesdropping device was to be used.
18        (b)  Such report shall also include the following:
19        (1)  a  general  description of the uses of eavesdropping
20    devices actually made under such order to overheard or record
21    conversations, including:  (a)  the  approximate  nature  and
22    frequency  of incriminating conversations overheard, (b)  the
23    approximate  nature  and  frequency  of  other  conversations
24    overheard,  (c)  the  approximate  number  of  persons  whose
25    conversations were overheard, and (d) the approximate nature,
26    amount, and cost of the manpower  and  other  resources  used
27    pursuant to the authorization to use an eavesdropping device;
28        (2)  the number of arrests resulting from authorized uses
29    of  eavesdropping  devices and the offenses for which arrests
30    were made;
31        (3)  the number of trials resulting  from  such  uses  of
32    eavesdropping devices;
33        (4)  the  number of motions to suppress made with respect
34    to such uses, and the number granted or denied; and
 
                            -135-    LRB093 13539 MKM 18882 b
 1        (5)  the number of convictions resulting from  such  uses
 2    and  the offenses for which the convictions were obtained and
 3    a general assessment of the importance of the convictions.
 4        (c)  In April of  each  year,  the  Department  of  State
 5    Police  shall  transmit  to  the  General  Assembly  a report
 6    including information  on  the  number  of  applications  for
 7    orders  authorizing  the  use  of  eavesdropping devices, the
 8    number of orders and extensions granted or denied during  the
 9    preceding  calendar  year, and the convictions arising out of
10    such uses.
11        The requirement for reporting  to  the  General  Assembly
12    shall  be  satisfied  by filing copies of the report with the
13    Speaker, the Minority Leader and the Clerk of  the  House  of
14    Representatives  and  the  President, the Minority Leader and
15    the Secretary of the  Senate  and  the  Legislative  Research
16    Unit,  as  required  by  Section  3.1 of the General Assembly
17    Organization Act "An Act to revise the law in relation to the
18    General Assembly", approved February 25,  1874,  as  amended,
19    and  filing  such additional copies with the State Government
20    Report Distribution Center for the  General  Assembly  as  is
21    required  under  paragraph  (t)  of  Section  7  of the State
22    Library Act.
23    (Source: P.A. 86-391.)

24        (725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
25        Sec. 108B-13.  Reports concerning  use  of  eavesdropping
26    devices.
27        (a)  Within  30 days after the expiration of an order and
28    each extension thereof authorizing an interception, or within
29    30 days after the denial of an application or disapproval  of
30    an application subsequent to any alleged emergency situation,
31    the  State's Attorney shall report to the Department of State
32    Police the following:
33             (1)  the fact that  such  an  order,  extension,  or
 
                            -136-    LRB093 13539 MKM 18882 b
 1        subsequent approval of an emergency was applied for;
 2             (2)  the kind of order or extension applied for;
 3             (3)  a   statement   as  to  whether  the  order  or
 4        extension was granted as applied for was modified, or was
 5        denied;
 6             (4)  the  period  authorized   by   the   order   or
 7        extensions  in  which  an  eavesdropping  device could be
 8        used;
 9             (5)  the offense enumerated in Section 108B-3  which
10        is  specified  in the order or extension or in the denied
11        application;
12             (6)  the  identity  of   the   applying   electronic
13        criminal  surveillance  officer  and  agency  making  the
14        application  and  the  State's  Attorney  authorizing the
15        application; and
16             (7)  the nature of the facilities from which or  the
17        place where the eavesdropping device was to be used.
18        (b)  In January of each year the State's Attorney of each
19    county  in  which  an  interception  occurred pursuant to the
20    provisions of this Article shall report to the Department  of
21    State Police the following:
22             (1)  a   general   description   of   the   uses  of
23        eavesdropping devices actually made under such  order  to
24        overhear  or  record  conversations,  including:  (a) the
25        approximate  nature  and   frequency   of   incriminating
26        conversations  overheard,  (b) the approximate nature and
27        frequency  of  other  conversations  overheard,  (c)  the
28        approximate number of persons  whose  conversations  were
29        overheard,  and  (d)  the approximate nature, amount, and
30        cost of the manpower and other resources used pursuant to
31        the authorization to use an eavesdropping device;
32             (2)  the number of arrests resulting from authorized
33        uses of eavesdropping devices and the offenses for  which
34        arrests were made;
 
                            -137-    LRB093 13539 MKM 18882 b
 1             (3)  the  number  of trials resulting from such uses
 2        of eavesdropping devices;
 3             (4)  the number of motions  to  suppress  made  with
 4        respect  to  such uses, and the number granted or denied;
 5        and
 6             (5)  the number of convictions resulting  from  such
 7        uses  and  the  offenses  for  which the convictions were
 8        obtained and a general assessment of  the  importance  of
 9        the convictions.
10        On  or  before  March 1 of each year, the Director of the
11    Department of State Police shall submit  to  the  Governor  a
12    report of all intercepts as defined herein conducted pursuant
13    to  this Article and terminated during the preceding calendar
14    year.  Such report shall include:
15             (1)  the reports of State's Attorneys  forwarded  to
16        the Director as required in this Section;
17             (2)  the  number  of Department personnel authorized
18        to possess, install, or operate  electronic,  mechanical,
19        or other devices;
20             (3)  the   number   of   Department  and  other  law
21        enforcement personnel who participated or engaged in  the
22        seizure of intercepts pursuant to this Article during the
23        preceding calendar year;
24             (4)  the  number of electronic criminal surveillance
25        officers trained by the Department;
26             (5)  the  total  cost  to  the  Department  of   all
27        activities  and  procedures  relating  to  the seizure of
28        intercepts during the preceding calendar year,  including
29        costs  of  equipment,  manpower, and expenses incurred as
30        compensation  for  use   of   facilities   or   technical
31        assistance provided to or by the Department; and
32             (6)  a  summary  of the use of eavesdropping devices
33        pursuant to orders  of  interception  including  (a)  the
34        frequency of use in each county, (b) the frequency of use
 
                            -138-    LRB093 13539 MKM 18882 b
 1        for  each  crime enumerated in Section 108B-3 of the Code
 2        of Criminal Procedure of 1963, as amended, (c)  the  type
 3        and  frequency  of  eavesdropping device use, and (d) the
 4        frequency  of  use  by  each  police  department  or  law
 5        enforcement agency of this State.
 6        (d)  In  April  of  each  year,  the  Director   of   the
 7    Department  of  State  Police  and  the  Governor  shall each
 8    transmit  to   the   General   Assembly   reports   including
 9    information   on   the  number  of  applications  for  orders
10    authorizing the use of eavesdropping devices, the  number  of
11    orders  and extensions granted or denied during the preceding
12    calendar year, the convictions arising out of such uses,  and
13    a  summary of the information required by subsections (a) and
14    (b) of this Section.
15        The requirement for reporting  to  the  General  Assembly
16    shall  be  satisfied  by filing copies of the report with the
17    Speaker, the Minority Leader and the Clerk of  the  House  of
18    Representatives  and  the  President, the Minority Leader and
19    the Secretary of the  Senate  and  the  Legislative  Research
20    Unit,  as  required  by  Section  3.1 of the General Assembly
21    Organization Act, and filing such additional copies with  the
22    State  Government  Report Distribution Center for the General
23    Assembly as is required under paragraph (t) of Section  7  of
24    the State Library Act.
25    (Source: P.A. 85-1203; 86-1226; 86-1475.)

26        Section 265.  The State Appellate Defender Act is amended
27    by changing Section 10 as follows:

28        (725 ILCS 105/10) (from Ch. 38, par. 208-10)
29        Sec. 10.  Powers and duties of State Appellate Defender.
30        (a)  The   State   Appellate   Defender  shall  represent
31    indigent persons on appeal in criminal and  delinquent  minor
32    proceedings,  when  appointed  to  do  so  by a court under a
 
                            -139-    LRB093 13539 MKM 18882 b
 1    Supreme Court Rule or law of this State.
 2        (b)  The State Appellate Defender shall submit  a  budget
 3    for the approval of the State Appellate Defender Commission.
 4        (c)  The State Appellate Defender may:
 5             (1)  maintain a panel of private attorneys available
 6        to serve as counsel on a case basis;
 7             (2)  establish  programs,  alone  or  in conjunction
 8        with law schools, for the purpose of utilizing  volunteer
 9        law students as legal assistants;
10             (3)  cooperate  and  consult  with  state  agencies,
11        professional  associations,  and  other groups concerning
12        the causes of criminal conduct,  the  rehabilitation  and
13        correction  of  persons  charged  with  and  convicted of
14        crime, the administration of criminal  justice,  and,  in
15        counties   of  less  than  1,000,000  population,  study,
16        design, develop  and  implement  model  systems  for  the
17        delivery  of  trial  level defender services, and make an
18        annual report to the General Assembly;
19             (4)  provide  investigative  services  to  appointed
20        counsel and county public defenders;
21             (5)  in cases  in  which  a  death  sentence  is  an
22        authorized  disposition,  provide  trial counsel with the
23        assistance  of  expert  witnesses,   investigators,   and
24        mitigation  specialists  from  funds  appropriated to the
25        State Appellate Defender specifically for that purpose by
26        the General Assembly.   The  Office  of  State  Appellate
27        Defender shall not be appointed to serve as trial counsel
28        in capital cases.
29        (d)  For  each  State  fiscal  year,  the State Appellate
30    Defender shall appear before the General Assembly and request
31    appropriations to be made from the Capital  Litigation  Trust
32    Fund  to  the  State  Treasurer  for the purpose of providing
33    defense assistance in capital cases outside of  Cook  County.
34    The  State  Appellate  Defender may appear before the General
 
                            -140-    LRB093 13539 MKM 18882 b
 1    Assembly at other times during the  State's  fiscal  year  to
 2    request  supplemental  appropriations  from the Trust Fund to
 3    the State Treasurer.
 4        (e)  The  requirement  for  reporting  to   the   General
 5    Assembly  shall  be  satisfied by filing copies of the report
 6    with the Speaker, the Minority Leader and the  Clerk  of  the
 7    House  of  Representatives  and  the  President, the Minority
 8    Leader and the Secretary of the Senate  and  the  Legislative
 9    Research  Unit,  as  required  by  Section 3.1 of the General
10    Assembly Organization Act and filing such  additional  copies
11    with  the State Government Report Distribution Center for the
12    General Assembly  as  is  required  under  paragraph  (t)  of
13    Section 7 of the State Library Act.
14    (Source: P.A. 91-589, eff. 1-1-00.)

15        Section    270.     The   State's   Attorneys   Appellate
16    Prosecutor's Act is  amended  by  changing  Section  4.06  as
17    follows:

18        (725 ILCS 210/4.06) (from Ch. 14, par. 204.06)
19        Sec.  4.06.   The  board shall submit an annual report to
20    the General Assembly and Governor regarding the operation  of
21    the Office of the State's Attorneys Appellate Prosecutor.
22        The  requirement  for  reporting  to the General Assembly
23    shall be satisfied by filing copies of the  report  with  the
24    Speaker,  the  Minority  Leader and the Clerk of the House of
25    Representatives and the President, the  Minority  Leader  and
26    the  Secretary  of  the  Senate  and the Legislative Research
27    Unit, as required by Section  3.1  of  the  General  Assembly
28    Organization Act "An Act to revise the law in relation to the
29    General  Assembly",  approved  February 25, 1874, as amended,
30    and filing such additional copies with the  State  Government
31    Report  Distribution  Center  for  the General Assembly as is
32    required under paragraph  (t)  of  Section  7  of  the  State
 
                            -141-    LRB093 13539 MKM 18882 b
 1    Library Act.
 2    (Source: P.A. 84-1438.)
 
                            -142-    LRB093 13539 MKM 18882 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    5 ILCS 100/5-140          from Ch. 127, par. 1005-140
 4    10 ILCS 5/1A-8            from Ch. 46, par. 1A-8
 5    15 ILCS 15/11             from Ch. 127, par. 1811
 6    15 ILCS 320/7             from Ch. 128, par. 107
 7    20 ILCS 105/4.02          from Ch. 23, par. 6104.02
 8    20 ILCS 105/7.09          from Ch. 23, par. 6107.09
 9    20 ILCS 405/405-300       was 20 ILCS 405/67.02
10    20 ILCS 415/9             from Ch. 127, par. 63b109
11    20 ILCS 505/5.15
12    20 ILCS 1120/4            from Ch. 96 1/2, par. 7804
13    20 ILCS 2405/3            from Ch. 23, par. 3434
14    20 ILCS 2605/2605-555
15    20 ILCS 2705/2705-205     was 20 ILCS 2705/49.21
16    20 ILCS 2705/2705-430     was 20 ILCS 2705/49.25g
17    20 ILCS 3515/7            from Ch. 127, par. 727
18    20 ILCS 3915/4            from Ch. 127, par. 214.14
19    20 ILCS 3930/7            from Ch. 38, par. 210-7
20    20 ILCS 3955/5            from Ch. 91 1/2, par. 705
21    25 ILCS 5/3.1             from Ch. 63, par. 3.1
22    25 ILCS 125/3.07          from Ch. 63, par. 223.07
23    25 ILCS 130/1-4           from Ch. 63, par. 1001-4
24    25 ILCS 130/4-7           from Ch. 63, par. 1004-7
25    25 ILCS 130/10-6          from Ch. 63, par. 1010-6
26    25 ILCS 130/11A-2         from Ch. 63, par. 1011A-2
27    25 ILCS 135/5.05          from Ch. 63, par. 29.5
28    25 ILCS 135/5.07          from Ch. 63, par. 29.7
29    25 ILCS 145/5.07          from Ch. 63, par. 42.15-7
30    25 ILCS 150/3             from Ch. 63, par. 106
31    25 ILCS 155/3             from Ch. 63, par. 343
32    25 ILCS 155/4             from Ch. 63, par. 344
33    30 ILCS 5/3-15            from Ch. 15, par. 303-15
34    30 ILCS 715/6             from Ch. 56 1/2, par. 1706
 
                            -143-    LRB093 13539 MKM 18882 b
 1    30 ILCS 805/7             from Ch. 85, par. 2207
 2    40 ILCS 5/1A-108
 3    40 ILCS 5/5-226           from Ch. 108 1/2, par. 5-226
 4    40 ILCS 5/6-220           from Ch. 108 1/2, par. 6-220
 5    40 ILCS 5/21-120          from Ch. 108 1/2, par. 21-120
 6    50 ILCS 740/13            from Ch. 85, par. 543
 7    50 ILCS 750/13            from Ch. 134, par. 43
 8    65 ILCS 5/11-4-5          from Ch. 24, par. 11-4-5
 9    70 ILCS 10/2              from Ch. 15 1/2, par. 252
10    70 ILCS 915/2             from Ch. 111 1/2, par. 5002
11    70 ILCS 925/10
12    70 ILCS 2605/4b           from Ch. 42, par. 323b
13    105 ILCS 5/1A-4           from Ch. 122, par. 1A-4
14    105 ILCS 5/1E-130
15    105 ILCS 5/1F-130
16    105 ILCS 5/2-3.87         from Ch. 122, par. 2-3.87
17    105 ILCS 5/14B-7          from Ch. 122, par. 14B-7
18    105 ILCS 5/34A-606        from Ch. 122, par. 34A-606
19    105 ILCS 205/4            from Ch. 122, par. 874
20    110 ILCS 205/9.04         from Ch. 144, par. 189.04
21    110 ILCS 805/2-10         from Ch. 122, par. 102-10
22    110 ILCS 935/9            from Ch. 144, par. 1459
23    110 ILCS 940/4            from Ch. 127, par. 63b134
24    110 ILCS 978/25
25    205 ILCS 105/7-8          from Ch. 17, par. 3307-8
26    225 ILCS 705/4.18         from Ch. 96 1/2, par. 418
27    305 ILCS 5/5-5            from Ch. 23, par. 5-5
28    305 ILCS 5/5-5.8          from Ch. 23, par. 5-5.8
29    305 ILCS 5/12-5           from Ch. 23, par. 12-5
30    325 ILCS 35/11            from Ch. 23, par. 6711
31    415 ILCS 5/6.1            from Ch. 111 1/2, par. 1006.1
32    605 ILCS 5/4-201.16       from Ch. 121, par. 4-201.16
33    615 ILCS 5/14a            from Ch. 19, par. 61a
34    615 ILCS 5/16             from Ch. 19, par. 63
 
                            -144-    LRB093 13539 MKM 18882 b
 1    615 ILCS 5/20             from Ch. 19, par. 67
 2    615 ILCS 15/5             from Ch. 19, par. 126e
 3    625 ILCS 5/15-203         from Ch. 95 1/2, par. 15-203
 4    720 ILCS 510/10           from Ch. 38, par. 81-30
 5    725 ILCS 5/108A-11        from Ch. 38, par. 108A-11
 6    725 ILCS 5/108B-13        from Ch. 38, par. 108B-13
 7    725 ILCS 105/10           from Ch. 38, par. 208-10
 8    725 ILCS 210/4.06         from Ch. 14, par. 204.06