97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3422

 

Introduced 2/7/2012, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends various Acts to eliminate the following Boards and Commissions: the Internet Privacy Task Force, the Advisory Council on Youth HIV/AIDS Prevention Messages, the governing board of the David A. Wirsing Food Animal Institute, the Board of the Southwest Suburban Railroad Development Authority, the Illinois Health Policy Center Advisory Panel, the Health Care Worker Task Force, the Revenue Commission for Community Service, the Maternal and Child Health Advisory Board, and the Advisory Council on Spinal Cord and Head Injuries. Repeals the Illinois Geographic Information Council Act, the Commission on Children and Youth Act, the Illinois Plain Language Task Force Act, the Riverdale Development Authority Act, the Illinois Urban Development Authority Act, and the Downstate Illinois Sports Facilities Authority Act. Effective July 1, 2012.


LRB097 19822 PJG 65097 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3422LRB097 19822 PJG 65097 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Agency Web Site Act is amended by
5changing Section 10 as follows:
 
6    (5 ILCS 177/10)
7    Sec. 10. Cookies and other invasive tracking programs.
8    (a) Except as otherwise provided in subsection (b), State
9agency Web sites may not use permanent cookies or any other
10invasive tracking programs that monitor and track Web site
11viewing habits; however, a State agency Web site may use
12transactional cookies that facilitate business transactions.
13    (b) Permanent cookies used by State agency Web sites may be
14exempt from the prohibition in subsection (a) if they meet the
15following criteria:
16        (1) The use of permanent cookies adds value to the user
17    otherwise not available;
18        (2) The permanent cookies are not used to monitor and
19    track web site viewing habits unless all types of
20    information collected and the State's use of that
21    information add user value and are disclosed through a
22    comprehensive online privacy statement.
23The Internet Privacy Task Force established under Section 15

 

 

SB3422- 2 -LRB097 19822 PJG 65097 b

1shall define the exemption and limitations of this subsection
2(b) in practice.
3(Source: P.A. 93-117, eff. 1-1-04.)
 
4    (5 ILCS 177/15 rep.)
5    Section 10. The State Agency Web Site Act is amended by
6repealing Section 15.
 
7    (20 ILCS 1128/Act rep.)
8    Section 15. The Illinois Geographic Information Council
9Act is repealed.
 
10    (20 ILCS 2310/2310-323 rep.)
11    Section 20. The Department of Public Health Powers and
12Duties Law of the Civil Administrative Code of Illinois is
13amended by repealing Section 2310-323.
 
14    Section 25. The Illinois Finance Authority Act is amended
15by changing Sections 825-107 and 825-110 as follows:
 
16    (20 ILCS 3501/825-107)
17    Sec. 825-107. Implementation of ARRA provisions regarding
18recovery zone bonds.
 
19(a) Findings.
20    Recovery zone bonds authorized by the American Recovery and

 

 

SB3422- 3 -LRB097 19822 PJG 65097 b

1Reinvestment Act of 2009 are an important economic development
2tool for the State. All counties in the State and
3municipalities in the State with a population of 100,000 or
4more have received an allocation of recovery zone bond
5authorization. Under federal law, those allocations must be
6used on or before December 31, 2010. The State strongly
7encourages counties and municipalities to issue recovery zone
8bonds to spur economic development in the State. Under federal
9law, the allocations may be voluntarily waived to the State for
10reallocation by the State to other jurisdictions and other
11projects in the State. This Section sets forth the process by
12which the Authority, on behalf of the State, will receive
13otherwise unused allocations and ensure that this valuable
14economic development incentive will be used to the fullest
15extent feasible for the benefit of the citizens of the State of
16Illinois.
 
17(b) Definitions.
18        (i) "Affected local government" means either any
19    county in the State or a municipality within the State if
20    the municipality has a population of 100,000 or more.
21        (ii) "Allocation amount" means the $666,972,000 amount
22    of recovery zone economic development bonds and
23    $1,000,457,000 amount of recovery zone facility bonds
24    authorized under ARRA for the financing of qualifying
25    projects located within the State and the sub-allocation of

 

 

SB3422- 4 -LRB097 19822 PJG 65097 b

1    those amounts among each affected local government.
2        (iii) "ARRA" means, collectively, the American
3    Recovery and Reinvestment Act of 2009, including, without
4    limitation, Sections 1400U-1, 1400U-2, and 1400U-3 of the
5    Code; the guidance provided by the Internal Revenue Service
6    applicable to recovery zone bonds; and any legislation
7    subsequently adopted by the United States Congress to
8    extend or expand the economic development bond financing
9    incentives authorized by ARRA.
10        (iv) "ARRA implementing regulations" means the
11    regulations promulgated by the Authority as further
12    described in subdivision (d)(iv) of this Section to
13    implement the provisions of this Section.
14        (v) "Code" means the Internal Revenue Code of 1986, as
15    amended.
16        (vi) "Recovery zone" means any area designated
17    pursuant to Section 1400U-1 of the Code.
18        (vii) "Recovery zone bond" means any recovery zone
19    economic development bond or recovery zone facility bond
20    issued pursuant to Sections 1400U-2 and 1400U-3,
21    respectively, of the Code.
22        (viii) "Recovery zone bond allocation" means an
23    allocation of authority to issue recovery zone bonds
24    granted pursuant to Section 1400U-1 of the Code.
25        (ix) "Regional authority" means the Central Illinois
26    Economic Development Authority, Eastern Illinois Economic

 

 

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1    Development Authority, Joliet Arsenal Development
2    Authority, Quad Cities Regional Economic Development
3    Authority, Riverdale Development Authority, Southeastern
4    Illinois Economic Development Authority, Southern Illinois
5    Development Authority, Southwestern Illinois Development
6    Authority, Tri-County River Valley Development Authority,
7    Upper Illinois River Valley Development Authority,
8    Illinois Urban Development Authority, Western Illinois
9    Economic Development Authority, or Will-Kankakee Regional
10    Development Authority.
11        (x) "Sub-allocation" means the portion of the
12    allocation amount allocated to each affected local
13    government.
14        (xi) "Waived recovery zone bond allocation" means the
15    amount of the recovery zone bond allocation voluntarily
16    waived by an affected local government.
17        (xii) "Waiver agreement" means an agreement between
18    the Authority and an affected local government providing
19    for the voluntary waiver, in whole or in part, of that
20    affected local government's sub-allocation to the
21    Authority. The waiver agreement may provide for the payment
22    of an affected local government's reasonable fees and costs
23    as determined by the Authority in connection with the
24    affected local government's voluntary waiver of its
25    sub-allocation.
 

 

 

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1(c) Additional findings.
2    It is found and declared that:
3        (i) it is in the public interest and for the benefit of
4    the State to maximize the use of economic development
5    incentives authorized by ARRA;
6        (ii) those incentives include the maximum use of the
7    allocation amount for the issuance of recovery zone bonds
8    to promote job creation and economic development in any
9    area that has been designated as a recovery zone by an
10    affected local government under the applicable provisions
11    of ARRA;
12        (iii) those incentives also include the issuance by the
13    Authority of recovery zone bonds for the purposes of
14    financing qualifying projects to be financed with proceeds
15    of recovery zone bonds; and
16        (iv) the provisions of this Section reflect the State's
17    determination in good faith and in its discretion of the
18    reasonable manner in which waived recovery zone bond
19    allocations should be reallocated by the Authority.
 
20(d) Powers of Authority.
21        (i) In order to carry out the provisions of ARRA and
22    further the purposes of this Section, the Authority has:
23            (A) the power to receive from any affected local
24        government its sub-allocation that it voluntarily
25        waives to the Authority, in whole or in part, for

 

 

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1        reallocation by the Authority to a regional authority
2        specifically designated by that affected local
3        government, and the Authority shall reallocate that
4        waived recovery zone bond allocation to the regional
5        authority specifically designated by that affected
6        local government; provided that (1) the affected local
7        government must take official action by resolution or
8        ordinance, as applicable, to waive the sub-allocation
9        to the Authority and specifically designate that its
10        waived recovery zone bond allocation should be
11        reallocated to a regional authority; (2) the regional
12        authority must use the sub-allocation to issue
13        recovery zone bonds on or before August 16, 2010 and,
14        if recovery zone bonds are not issued on or before
15        August 16, 2010, the sub-allocation shall be deemed
16        waived to the Authority for reallocation by the
17        Authority to qualifying projects; and (3) the proceeds
18        of the recovery zone bonds must be used for qualified
19        projects within the jurisdiction of the applicable
20        regional authority;
21            (B) at the Authority's sole discretion, the power
22        to reallocate any sub-allocation deemed waived to the
23        Authority pursuant to subsection (d)(i)(A)(2) back to
24        the regional authority that had the sub-allocation;
25            (C) the power to enter into waiver agreements with
26        affected local governments to provide for their

 

 

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1        voluntary waivers, in whole or in part, of their
2        sub-allocations, to receive waived recovery zone bond
3        allocations from those affected local governments, and
4        to use those waived recovery zone bond allocations, in
5        whole or in part, to issue recovery zone bonds of the
6        Authority for qualifying projects or to reallocate
7        those waived recovery zone bond allocations, in whole
8        or in part, to a county or municipality to issue its
9        own recovery zone bonds for qualifying projects;
10            (D) the power to designate areas within the State
11        as recovery zones or all of the State as a recovery
12        zone; and
13            (E) the power to issue recovery zone bonds for any
14        project authorized to be financed with proceeds
15        thereof under the applicable provisions of ARRA.
16        (ii) In addition to the powers set forth in item (i),
17    the Authority shall be the sole recipient, on behalf of the
18    State, of any waived recovery zone bond allocations.
19    Recovery zone bond allocations can be waived to the
20    Authority only by voluntary waiver as provided in this
21    Section.
22        (iii) In addition to the powers set forth in items (i)
23    and (ii), the Authority has any powers otherwise enjoyed by
24    the Authority in connection with the issuance of its bonds
25    if those powers are not in conflict with any provisions
26    with respect to recovery zone bonds set forth in ARRA.

 

 

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1        (iv) The Authority has the power to adopt regulations
2    providing for the implementation of any of the provisions
3    contained in this Section, including provisions regarding
4    waiver agreements and the reallocation of all or any
5    portion of the allocation amount and sub-allocations and
6    the issuance of recovery zone bonds; except that those
7    regulations shall not (1) apply to or affect any
8    designation of a recovery zone by a county or municipality,
9    (2) provide for any waiver or reallocation of an affected
10    local government's sub-allocation other than a voluntary
11    waiver as described in subsection (d), or (3) be
12    inconsistent with the provisions of subsection (d)(i).
13    Regulations adopted by the Authority for determining
14    reallocation of all or any portion of a waived recovery
15    zone bond allocation may include, but are not limited to,
16    (1) the ability of the county or municipality to issue
17    recovery zone bonds on or before December 31, 2010, (2) the
18    amount of jobs that will be retained or created, or both,
19    by the qualifying project to be financed by recovery zone
20    bonds, and (3) the geographical proximity of the qualifying
21    project to be financed by recovery zone bonds to a county
22    or municipality that voluntarily waived its sub-allocation
23    to the Authority.
24        (v) Unless extended by an act of the United States
25    Congress, no recovery zone bonds may be issued after
26    December 31, 2010.
 

 

 

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1(e) Established dates for notice.
2    Any affected local government or any regional authority
3that has issued recovery zone bonds on or before the effective
4date of this Section must report its issuance of recovery zone
5bonds to the Authority within 30 days after the effective date
6of this Section. After the effective date of this Section, any
7affected local government or any regional authority must report
8its issuance of recovery zone bonds to the Authority not less
9than 30 days after those bonds are issued.
 
10(f) Reports to the General Assembly.
11    Starting 60 days after the effective date of this Section
12and ending on January 15, 2011, the Authority shall file a
13report before the 15th day of each month with the General
14Assembly detailing its implementation of this Section,
15including but not limited to the dollar amount of the
16allocation amount that has been reallocated by the Authority
17pursuant to this Section, the recovery zone bonds issued in the
18State as of the date of the report, and descriptions of the
19qualifying projects financed by those recovery zone bonds.
20(Source: P.A. 96-1020, eff. 7-12-10; 97-333, eff. 8-12-11.)
 
21    (20 ILCS 3501/825-110)
22    Sec. 825-110. Implementation of ARRA provisions regarding
23qualified energy conservation bonds.
 

 

 

SB3422- 11 -LRB097 19822 PJG 65097 b

1(a) Definitions.
2        (i) "Affected local government" means any county or
3    municipality within the State if the county or municipality
4    has a population of 100,000 or more, as defined in Section
5    54D(e)(2)(C) of the Code.
6        (ii) "Allocation amount" means the $133,846,000 amount
7    of qualified energy conservation bonds authorized under
8    ARRA for the financing of qualifying projects located
9    within the State and the sub-allocation of those amounts
10    among each affected local government.
11        (iii) "ARRA" means, collectively, the American
12    Recovery and Reinvestment Act of 2009, including, without
13    limitation, Section 54D of the Code; the guidance provided
14    by the Internal Revenue Service applicable to qualified
15    energy conservation bonds; and any legislation
16    subsequently adopted by the United States Congress to
17    extend or expand the economic development bond financing
18    incentives authorized by ARRA.
19        (iv) "ARRA implementing regulations" means the
20    regulations promulgated by the Authority as further
21    described in subdivision (c)(iv) of this Section to
22    implement the provisions of this Section.
23        (v) "Code" means the Internal Revenue Code of 1986, as
24    amended.
25        (vi) "Qualified energy conservation bond" means any

 

 

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1    qualified energy conservation bond issued pursuant to
2    Section 54D of the Code.
3        (vii) "Qualified energy conservation bond allocation"
4    means an allocation of authority to issue qualified energy
5    conservation bonds granted pursuant to Section 54D of the
6    Code.
7        (viii) "Regional authority" means the Central Illinois
8    Economic Development Authority, Eastern Illinois Economic
9    Development Authority, Joliet Arsenal Development
10    Authority, Quad Cities Regional Economic Development
11    Authority, Riverdale Development Authority, Southeastern
12    Illinois Economic Development Authority, Southern Illinois
13    Development Authority, Southwestern Illinois Development
14    Authority, Tri-County River Valley Development Authority,
15    Upper Illinois River Valley Development Authority,
16    Illinois Urban Development Authority, Western Illinois
17    Economic Development Authority, or Will-Kankakee Regional
18    Development Authority.
19        (ix) "Sub-allocation" means the portion of the
20    allocation amount allocated to each affected local
21    government.
22        (x) "Waived qualified energy conservation bond
23    allocation" means the amount of the qualified energy
24    conservation bond allocation that an affected local
25    government elects to reallocate to the State pursuant to
26    Section 54D(e)(2)(B) of the Code.

 

 

SB3422- 13 -LRB097 19822 PJG 65097 b

1        (xi) "Waiver agreement" means an agreement between the
2    Authority and an affected local government providing for
3    the reallocation, in whole or in part, of that affected
4    local government's sub-allocation to the Authority. The
5    waiver agreement may provide for the payment of an affected
6    local government's reasonable fees and costs as determined
7    by the Authority in connection with the affected local
8    government's reallocation of its sub-allocation.
 
9(b) Findings.
10    It is found and declared that:
11        (i) it is in the public interest and for the benefit of
12    the State to maximize the use of economic development
13    incentives authorized by ARRA;
14        (ii) those incentives include the maximum use of the
15    allocation amount for the issuance of qualified energy
16    conservation bonds to promote energy conservation under
17    the applicable provisions of ARRA; and
18        (iii) those incentives also include the issuance by the
19    Authority of qualified energy conservation bonds for the
20    purposes of financing qualifying projects to be financed
21    with proceeds of qualified energy conservation bonds.
 
22(c) Powers of Authority.
23        (i) In order to carry out the provisions of ARRA and
24    further the purposes of this Section, the Authority has:

 

 

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1            (A) the power to receive from any affected local
2        government its sub-allocation that it voluntarily
3        waives to the Authority, in whole or in part, for
4        allocation by the Authority to a regional authority
5        specifically designated by that affected local
6        government, and the Authority shall reallocate that
7        waived qualified energy conservation bond allocation
8        to the regional authority specifically designated by
9        that affected local government; provided that (1) the
10        affected local government must take official action by
11        resolution or ordinance, as applicable, to waive the
12        sub-allocation to the Authority and specifically
13        designate that its waived qualified energy
14        conservation bond allocation should be reallocated to
15        a regional authority; (2) the regional authority must
16        use the sub-allocation to issue qualified energy
17        conservation bonds on or before August 16, 2010 and, if
18        qualified energy conservation bonds are not issued on
19        or before August 16, 2010, the sub-allocation shall be
20        deemed waived to the Authority for reallocation by the
21        Authority to qualifying projects; and (3) the proceeds
22        of the qualified energy conservation bonds must be used
23        for qualified projects within the jurisdiction of the
24        applicable regional authority;
25            (B) at the Authority's sole discretion, the power
26        to reallocate any sub-allocation deemed waived to the

 

 

SB3422- 15 -LRB097 19822 PJG 65097 b

1        Authority pursuant to subsection (c)(i)(A)(2) back to
2        the Regional Authority that had the sub-allocation;
3            (C) the power to enter into waiver agreements with
4        affected local governments to provide for the
5        reallocation, in whole or in part, of their
6        sub-allocations, to receive waived qualified energy
7        conservation bond allocations from those affected
8        local governments, and to use those waived qualified
9        energy conservation bond allocations, in whole or in
10        part, to issue qualified energy conservation bonds of
11        the Authority for qualifying projects or to reallocate
12        those qualified energy conservation bond allocations,
13        in whole or in part, to a county or municipality to
14        issue its own energy conservation bonds for qualifying
15        projects; and
16            (D) the power to issue qualified energy
17        conservation bonds for any project authorized to be
18        financed with proceeds thereof under the applicable
19        provisions of ARRA.
20        (ii) In addition to the powers set forth in item (i),
21    the Authority shall be the sole recipient, on behalf of the
22    State, of any waived qualified energy conservation bond
23    allocations. Qualified energy conservation bond
24    allocations can be reallocated to the Authority only by
25    voluntary waiver as provided in this Section.
26        (iii) In addition to the powers set forth in items (i)

 

 

SB3422- 16 -LRB097 19822 PJG 65097 b

1    and (ii), the Authority has any powers otherwise enjoyed by
2    the Authority in connection with the issuance of its bonds
3    if those powers are not in conflict with any provisions
4    with respect to qualified energy conservation bonds set
5    forth in ARRA.
6        (iv) The Authority has the power to adopt regulations
7    providing for the implementation of any of the provisions
8    contained in this Section, including the provisions
9    regarding waiver agreements and reallocation of all or any
10    portion of the allocation amount and sub-allocations and
11    the issuance of qualified energy conservation bonds;
12    except that those regulations shall not (1) provide any
13    waiver or reallocation of an affected local government's
14    sub-allocation other than a voluntary waiver as described
15    in subsection (c) or (2) be inconsistent with the
16    provisions of subsection (c)(i). Regulations adopted by
17    the Authority for determining reallocation of all or any
18    portion of a waived qualified energy conservation
19    allocation may include, but are not limited to, (1) the
20    ability of the county or municipality to issue qualified
21    energy conservation bonds by the end of a given calendar
22    year, (2) the amount of jobs that will be retained or
23    created, or both, by the qualifying project to be financed
24    by qualified energy conservation bonds, and (3) the
25    geographical proximity of the qualifying project to be
26    financed by qualified energy conservation bonds to a

 

 

SB3422- 17 -LRB097 19822 PJG 65097 b

1    municipality or county that reallocated its sub-allocation
2    to the Authority.
 
3(d) Established dates for notice.
4    Any affected local government or regional authority that
5has issued qualified energy conservation bonds on or before the
6effective date of this Section must report its issuance of
7qualified energy conservation bonds to the Authority within 30
8days after the effective date of this Section. After the
9effective date of this Section, any affected local government
10or any regional authority must report its issuance of qualified
11energy conservation bonds to the Authority not less than 30
12days after those bonds are issued.
 
13(e) Reports to the General Assembly.
14    Starting 60 days after the effective date of this Section
15and ending when there is no longer any allocation amount, the
16Authority shall file a report before the 15th day of each month
17with the General Assembly detailing its implementation of this
18Section, including but not limited to the dollar amount of the
19allocation amount that has been reallocated by the Authority
20pursuant to this Section, the qualified energy conservation
21bonds issued in the State as of the date of the report, and
22descriptions of the qualifying projects financed by those
23qualified energy conservation bonds.
24(Source: P.A. 96-1020, eff. 7-12-10.)
 

 

 

SB3422- 18 -LRB097 19822 PJG 65097 b

1    (20 ILCS 3501/825-13 rep.)
2    (20 ILCS 3501/825-13.5 rep.)
3    Section 30. The Illinois Finance Authority Act is amended
4by repealing Sections 825-13 and 825-13.5.
 
5    Section 35. The David A. Wirsing Food Animal Institute Act
6is amended by changing Section 5 as follows:
 
7    (20 ILCS 3931/5)
8    Sec. 5. Definitions. As used in this Act:
9    "Board" means the governing board of the David A. Wirsing
10Food Animal Institute.
11    "Institute" means the David A. Wirsing Food Animal
12Institute.
13    "Food animal" includes, but is not limited to, beef cattle,
14swine, sheep, dairy cattle, turkeys, chickens, and aquaculture
15products.
16    "Allied agribusiness" means any related agribusiness, such
17as the feed industry, financial institutions, the food animal
18or food animal processing industry, farm equipment or implement
19dealers or manufacturers, crop production, pharmaceuticals, or
20nutraceuticals.
21    "Non-agribusiness" means conservation groups, dieticians,
22food processors, consumers, and animal health and well-being
23groups.

 

 

SB3422- 19 -LRB097 19822 PJG 65097 b

1(Source: P.A. 93-883, eff. 8-6-04.)
 
2    (20 ILCS 3931/15 rep.)
3    (20 ILCS 3931/20 rep.)
4    (20 ILCS 3931/25 rep.)
5    (20 ILCS 3931/30 rep.)
6    Section 40. The David A. Wirsing Food Animal Institute Act
7is amended by repealing Sections 15, 20, 25, and 30.
 
8    (20 ILCS 4075/Act rep.)
9    Section 45. The Commission on Children and Youth Act is
10repealed.
 
11    (20 ILCS 4090/Act rep.)
12    Section 50. The Illinois Plain Language Task Force Act is
13repealed.
 
14    Section 55. The State Finance Act is amended by changing
15Section 6z-50 as follows:
 
16    (30 ILCS 105/6z-50)
17    Sec. 6z-50. Brain Injury and Spinal Cord Injury Trust Fund.
18The Brain Injury and Spinal Cord Injury Trust Fund is created
19as a special fund in the State treasury. Subject to
20appropriations, the Department of Human Services shall use
21moneys in the Fund to fund community-based rehabilitation

 

 

SB3422- 20 -LRB097 19822 PJG 65097 b

1services programs in accordance with priorities and criteria
2established by the Advisory Council on Spinal Cord and Head
3Injuries.
4(Source: P.A. 91-737, eff. 6-2-00.)
 
5    (70 ILCS 516/Act rep.)
6    Section 60. The Riverdale Development Authority Act is
7repealed.
 
8    (70 ILCS 531/Act rep.)
9    Section 65. The Illinois Urban Development Authority Act is
10repealed.
 
11    Section 70. The Southwest Suburban Railroad Redevelopment
12Authority Act is amended by changing Section 55 as follows:
 
13    (70 ILCS 1930/55)
14    Sec. 55. Deposit and withdrawal of funds; signatures. All
15funds deposited by the Treasurer in any bank or savings and
16loan association shall be placed in the name of the Authority
17and shall be withdrawn or paid out only by check or draft upon
18the bank or savings and loan association, signed by the
19Treasurer and countersigned by the Chair of the board. Subject
20to prior approval of the designations by a majority of the
21board, the Chair may designate any other member or any officer
22of the Authority to affix the signature of the Treasurer to any

 

 

SB3422- 21 -LRB097 19822 PJG 65097 b

1Authority check or draft for payment of salaries or wages and
2for payment of any other obligation of not more than $2,500.
3    No bank or savings and loan association shall receive
4public funds as permitted by this Section unless it has
5complied with the requirements established under Section 6 of
6the Public Funds Investment Act.
7(Source: P.A. 95-122, eff. 8-13-07.)
 
8    (70 ILCS 1930/35 rep.)
9    (70 ILCS 1930/40 rep.)
10    (70 ILCS 1930/45 rep.)
11    (70 ILCS 1930/50 rep.)
12    (70 ILCS 1930/65 rep.)
13    (70 ILCS 1930/75 rep.)
14    Section 75. The Southwest Suburban Railroad Redevelopment
15Authority Act is amended by repealing Sections 35, 40, 45, 50,
1665, and 75.
 
17    (70 ILCS 3210/Act rep.)
18    Section 80. The Downstate Illinois Sports Facilities
19Authority Act is repealed.
 
20    Section 85. The Illinois Health Policy Center Act is
21amended by changing Section 20 as follows:
 
22    (110 ILCS 430/20)

 

 

SB3422- 22 -LRB097 19822 PJG 65097 b

1    Sec. 20. Advisory Panel; Policy Center report.
2    (a) (Blank). The Illinois Health Policy Center Advisory
3Panel is created. The Advisory Panel shall consist of all of
4the following members:
5        (1) Four legislators, appointed one each by the
6    President of the Senate, the Minority Leader of the Senate,
7    the Speaker of the House of Representatives, and the
8    Minority Leader of the House of Representatives.
9        (2) Four representatives of each of the following
10    groups, one of the 4 each appointed by the President of the
11    Senate, the Minority Leader of the Senate, the Speaker of
12    the House of Representatives, and the Minority Leader of
13    the House of Representatives: hospitals; medical
14    societies; managed care companies; and insurance
15    companies; for a total of 16 members.
16        (3) One representative of patient advocacy groups,
17    appointed by the Governor.
18        (4) The Secretary of the Department of Human Services,
19    or his or her designee.
20        (5) The Director of the Department of Healthcare and
21    Family Services, or his or her designee.
22        (6) The Director of the Department of Public Health, or
23    his or her designee.
24        (7) One additional member, appointed by the Governor.
25    (b) (Blank) The Advisory Panel shall provide advice and
26oversight concerning the creation and operation of the Illinois

 

 

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1Health Policy Center.
2    (c) The Illinois Health Policy Center shall submit a report
3each calendar year to the Governor and the General Assembly.
4The report shall contain:
5        (1) An itemized list of the source and amount of funds
6    of the Illinois Health Policy Center.
7        (2) An itemized list of expenditures made by the
8    Illinois Health Policy Center.
9        (3) A summary of research activities undertaken since
10    the submission of the preceding report.
11        (4) A description of advocacy activities undertaken
12    since the submission of the preceding report.
13(Source: P.A. 95-986, eff. 6-1-09; 96-328, eff. 8-11-09;
1496-399, eff. 8-13-09.)
 
15    (225 ILCS 46/65 rep.)
16    Section 90. The Health Care Worker Background Check Act is
17amended by repealing Section 65.
 
18    Section 95. The Community Services Act is amended by
19changing Section 4 as follows:
 
20    (405 ILCS 30/4)  (from Ch. 91 1/2, par. 904)
21    Sec. 4. Financing for Community Services.
22    (a) The Department of Human Services is authorized to
23provide financial reimbursement to eligible private service

 

 

SB3422- 24 -LRB097 19822 PJG 65097 b

1providers, corporations, local government entities or
2voluntary associations for the provision of services to persons
3with mental illness, persons with a developmental disability
4and alcohol and drug dependent persons living in the community
5for the purpose of achieving the goals of this Act.
6    The Department shall utilize the following funding
7mechanisms for community services:
8        (1) Purchase of Care Contracts: services purchased on a
9    predetermined fee per unit of service basis from private
10    providers or governmental entities. Fee per service rates
11    are set by an established formula which covers some portion
12    of personnel, supplies, and other allowable costs, and
13    which makes some allowance for geographic variations in
14    costs as well as for additional program components.
15        (2) Grants: sums of money which the Department grants
16    to private providers or governmental entities pursuant to
17    the grant recipient's agreement to provide certain
18    services, as defined by departmental grant guidelines, to
19    an approximate number of service recipients. Grant levels
20    are set through consideration of personnel, supply and
21    other allowable costs, as well as other funds available to
22    the program.
23        (3) Other Funding Arrangements: funding mechanisms may
24    be established on a pilot basis in order to examine the
25    feasibility of alternative financing arrangements for the
26    provision of community services.

 

 

SB3422- 25 -LRB097 19822 PJG 65097 b

1    The Department shall establish and maintain an equitable
2system of payment which allows providers to improve persons
3with disabilities' capabilities for independence and reduces
4their reliance on State-operated services.
5    For services classified as entitlement services under
6federal law or guidelines, caps may not be placed on the total
7amount of payment a provider may receive in a fiscal year and
8the Department shall not require that a portion of the payments
9due be made in a subsequent fiscal year based on a yearly
10payment cap.
11    (b) (Blank) The Governor shall create a commission by
12September 1, 2009, or as soon thereafter as possible, to review
13funding methodologies, identify gaps in funding, identify
14revenue, and prioritize use of that revenue for community
15developmental disability services, mental health services,
16alcohol and substance abuse services, rehabilitation services,
17and early intervention services. The Office of the Governor
18shall provide staff support for the commission.
19    (c) (Blank) The first meeting of the commission shall be
20held within the first month after the creation and appointment
21of the commission, and a final report summarizing the
22commission's recommendations must be issued within 12 months
23after the first meeting, and no later than September 1, 2010,
24to the Governor and the General Assembly.
25    (d) (Blank). The commission shall have the following 13
26voting members:

 

 

SB3422- 26 -LRB097 19822 PJG 65097 b

1        (A) one member of the House of Representatives,
2    appointed by the Speaker of the House of Representatives;
3        (B) one member of the House of Representatives,
4    appointed by the House Minority Leader;
5        (C) one member of the Senate, appointed by the
6    President of the Senate;
7        (D) one member of the Senate, appointed by the Senate
8    Minority Leader;
9        (E) one person with a developmental disability, or a
10    family member or guardian of such a person, appointed by
11    the Governor;
12        (F) one person with a mental illness, or a family
13    member or guardian of such a person, appointed by the
14    Governor;
15        (G) two persons from unions that represent employees of
16    community providers that serve people with developmental
17    disabilities, mental illness, and alcohol and substance
18    abuse disorders, appointed by the Governor; and
19        (H) five persons from statewide associations that
20    represent community providers that provide residential,
21    day training, and other developmental disability services,
22    mental health services, alcohol and substance abuse
23    services, rehabilitation services, or early intervention
24    services, or any combination of those, appointed by the
25    Governor.
26    The commission shall also have the following ex-officio,

 

 

SB3422- 27 -LRB097 19822 PJG 65097 b

1nonvoting members:
2        (I) the Director of the Governor's Office of Management
3    and Budget or his or her designee;
4        (J) the Chief Financial Officer of the Department of
5    Human Services or his or her designee;
6        (K) the Administrator of the Department of Healthcare
7    and Family Services Division of Finance or his or her
8    designee;
9        (L) the Director of the Department of Human Services
10    Division of Developmental Disabilities or his or her
11    designee;
12        (M) the Director of the Department of Human Services
13    Division of Mental Health or his or her designee; and
14        (N) the Director of the Department of Human Services
15    Division of Alcohol and Substance Abuse or his or her
16    designee.
17    (e) The funding methodologies must reflect economic
18factors inherent in providing services and supports, recognize
19individual disability needs, and consider geographic
20differences, transportation costs, required staffing ratios,
21and mandates not currently funded.
22    (f) In accepting Department funds, providers shall
23recognize their responsibility to be accountable to the
24Department and the State for the delivery of services which are
25consistent with the philosophies and goals of this Act and the
26rules and regulations promulgated under it.

 

 

SB3422- 28 -LRB097 19822 PJG 65097 b

1(Source: P.A. 95-682, eff. 10-11-07; 96-652, eff. 8-24-09;
296-1472, eff. 8-23-10; revised 11-18-11.)
 
3    Section 100. The Illinois Family Case Management Act is
4amended by changing Section 25 as follows:
 
5    (410 ILCS 212/25)
6    Sec. 25. Rules. Within one year after the effective date of
7this Act, the Department shall adopt rules to implement this
8Act. In developing the rules, the Department shall consult with
9the Maternal and Child Health Advisory Board.
10(Source: P.A. 94-407, eff. 8-2-05.)
 
11    (410 ILCS 212/20 rep.)
12    Section 105. The Illinois Family Case Management Act is
13amended by repealing Section 20.
 
14    (410 ILCS 225/7 rep.)
15    Section 110. The Prenatal and Newborn Care Act is amended
16by repealing Section 7.
 
17    Section 115. The Head and Spinal Cord Injury Act is amended
18by changing Sections 1 and 3 as follows:
 
19    (410 ILCS 515/1)  (from Ch. 111 1/2, par. 7851)
20    Sec. 1. As used in this Act, unless the context clearly

 

 

SB3422- 29 -LRB097 19822 PJG 65097 b

1indicates otherwise:
2    (a) "Department" means the Department of Public Health.
3    (b) "Head Injury" means a sudden insult or damage to the
4brain or its coverings, not of a degenerative nature, which
5produces an altered state of consciousness or temporarily or
6permanently impairs mental, cognitive, behavioral or physical
7functioning. Cerebral vascular accidents, aneurisms and
8congenital deficits are excluded from this definition.
9    (c) "Spinal cord injury" means an injury that occurs as a
10result of trauma, which involves spinal vertebral fracture, or
11where the injured person suffers any of the following effects:
12    (1) effects on the sensory system including numbness,
13tingling or loss of sensation in the body or in one or more
14extremities;
15    (2) effects on the motor system including weakness or
16paralysis in one or more extremities;
17    (3) effects on the visceral system including bowel or
18bladder dysfunction or hypotension.
19    (d) (Blank) "Council" means the Advisory Council on Spinal
20Cord and Head Injuries.
21(Source: P.A. 86-510.)
 
22    (410 ILCS 515/3)  (from Ch. 111 1/2, par. 7853)
23    Sec. 3. (a) All reports and records made pursuant to this
24Act and maintained by the Department and other appropriate
25persons, officials and institutions pursuant to this Act shall

 

 

SB3422- 30 -LRB097 19822 PJG 65097 b

1be confidential. Information shall not be made available to any
2individual or institution except to:
3    (1) appropriate staff of the Department;
4    (2) any person engaged in a bona fide research project,
5with the permission of the Director of Public Health, except
6that no information identifying the subjects of the reports or
7the reporters shall be made available to researchers unless the
8Department requests and receives consent for such release
9pursuant to the provisions of this Section; and
10    (3) (Blank) the Council, except that no information
11identifying the subjects of the reports or the reporters shall
12be made available to the Council unless consent for release is
13requested and received pursuant to the provisions of this
14Section. Only information pertaining to head and spinal cord
15injuries as defined in Section 1 of this Act shall be released
16to the Council.
17    (b) The Department shall not reveal the identity of a
18patient, physician or hospital, except that the identity of the
19patient may be released upon written consent of the patient,
20parent or guardian, the identity of the physician may be
21released upon written consent of the physician, and the
22identity of the hospital may be released upon written consent
23of the hospital.
24    (c) The Department shall request consent for release from a
25patient, a physician or hospital only upon a showing by the
26applicant for such release that obtaining the identities of

 

 

SB3422- 31 -LRB097 19822 PJG 65097 b

1certain patients, physicians or hospitals is necessary for his
2bonafide research directly related to the objectives of this
3Act.
4    (d) The Department shall at least annually compile a report
5of the data accumulated through the reporting system
6established under Section 2 of this Act and shall submit such
7data relating to spinal cord and head injuries in accordance
8with confidentiality restrictions established pursuant to this
9Act to the Council.
10(Source: P.A. 86-510.)
 
11    (410 ILCS 515/6 rep.)
12    Section 120. The Head and Spinal Cord Injury Act is amended
13by repealing Section 6.
 
14    Section 999. Effective date. This Act takes effect July 1,
152012.

 

 

SB3422- 32 -LRB097 19822 PJG 65097 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 177/10
4    5 ILCS 177/15 rep.
5    20 ILCS 1128/Act rep.
6    20 ILCS 2310/2310-323 rep.
7    20 ILCS 3501/825-107
8    20 ILCS 3501/825-110
9    20 ILCS 3501/825-13 rep.
10    20 ILCS 3501/825-13.5 rep.
11    20 ILCS 3931/5
12    20 ILCS 3931/15 rep.
13    20 ILCS 3931/20 rep.
14    20 ILCS 3931/25 rep.
15    20 ILCS 3931/30 rep.
16    20 ILCS 4075/Act rep.
17    20 ILCS 4090/Act rep.
18    30 ILCS 105/6z-50
19    70 ILCS 516/Act rep.
20    70 ILCS 531/Act rep.
21    70 ILCS 1930/55
22    70 ILCS 1930/35 rep.
23    70 ILCS 1930/40 rep.
24    70 ILCS 1930/45 rep.
25    70 ILCS 1930/50 rep.

 

 

SB3422- 33 -LRB097 19822 PJG 65097 b

1    70 ILCS 1930/65 rep.
2    70 ILCS 1930/75 rep.
3    70 ILCS 3210/Act rep.
4    110 ILCS 430/20
5    225 ILCS 46/65 rep.
6    405 ILCS 30/4from Ch. 91 1/2, par. 904
7    410 ILCS 212/25
8    410 ILCS 212/20 rep.
9    410 ILCS 225/7 rep.
10    410 ILCS 515/1from Ch. 111 1/2, par. 7851
11    410 ILCS 515/3from Ch. 111 1/2, par. 7853
12    410 ILCS 515/6 rep.