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91_HB4588enr HB4588 Enrolled LRB9112936REdv 1 AN ACT in relation to State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 FY2001 Budget Implementation Act. 6 Section 5. The Illinois Administrative Procedure Act is 7 amended by changing Section 5-45 as follows: 8 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) 9 Sec. 5-45. Emergency rulemaking. 10 (a) "Emergency" means the existence of any situation 11 that any agency finds reasonably constitutes a threat to the 12 public interest, safety, or welfare. 13 (b) If any agency finds that an emergency exists that 14 requires adoption of a rule upon fewer days than is required 15 by Section 5-40 and states in writing its reasons for that 16 finding, the agency may adopt an emergency rule without prior 17 notice or hearing upon filing a notice of emergency 18 rulemaking with the Secretary of State under Section 5-70. 19 The notice shall include the text of the emergency rule and 20 shall be published in the Illinois Register. Consent orders 21 or other court orders adopting settlements negotiated by an 22 agency may be adopted under this Section. Subject to 23 applicable constitutional or statutory provisions, an 24 emergency rule becomes effective immediately upon filing 25 under Section 5-65 or at a stated date less than 10 days 26 thereafter. The agency's finding and a statement of the 27 specific reasons for the finding shall be filed with the 28 rule. The agency shall take reasonable and appropriate 29 measures to make emergency rules known to the persons who may 30 be affected by them. HB4588 Enrolled -2- LRB9112936REdv 1 (c) An emergency rule may be effective for a period of 2 not longer than 150 days, but the agency's authority to adopt 3 an identical rule under Section 5-40 is not precluded. No 4 emergency rule may be adopted more than once in any 24 month 5 period, except that this limitation on the number of 6 emergency rules that may be adopted in a 24 month period does 7 not apply to (i) emergency rules that make additions to and 8 deletions from the Drug Manual under Section 5-5.16 of the 9 Illinois Public Aid Code or the generic drug formulary under 10 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or 11 (ii) emergency rules adopted by the Pollution Control Board 12 before July 1, 1997 to implement portions of the Livestock 13 Management Facilities Act. Two or more emergency rules 14 having substantially the same purpose and effect shall be 15 deemed to be a single rule for purposes of this Section. 16 (d) In order to provide for the expeditious and timely 17 implementation of the State's fiscal year 1999 budget, 18 emergency rules to implement any provision of Public Act 19 90-587 or 90-588 or any other budget initiative for fiscal 20 year 1999 may be adopted in accordance with this Section by 21 the agency charged with administering that provision or 22 initiative, except that the 24-month limitation on the 23 adoption of emergency rules and the provisions of Sections 24 5-115 and 5-125 do not apply to rules adopted under this 25 subsection (d). The adoption of emergency rules authorized 26 by this subsection (d) shall be deemed to be necessary for 27 the public interest, safety, and welfare. 28 (e) In order to provide for the expeditious and timely 29 implementation of the State's fiscal year 2000 budget, 30 emergency rules to implement any provision of this amendatory 31 Act of the 91st General Assembly or any other budget 32 initiative for fiscal year 2000 may be adopted in accordance 33 with this Section by the agency charged with administering 34 that provision or initiative, except that the 24-month HB4588 Enrolled -3- LRB9112936REdv 1 limitation on the adoption of emergency rules and the 2 provisions of Sections 5-115 and 5-125 do not apply to rules 3 adopted under this subsection (e). The adoption of emergency 4 rules authorized by this subsection (e) shall be deemed to be 5 necessary for the public interest, safety, and welfare. 6 (f) In order to provide for the expeditious and timely 7 implementation of the State's fiscal year 2001 budget, 8 emergency rules to implement any provision of this amendatory 9 Act of the 91st General Assembly or any other budget 10 initiative for fiscal year 2001 may be adopted in accordance 11 with this Section by the agency charged with administering 12 that provision or initiative, except that the 24-month 13 limitation on the adoption of emergency rules and the 14 provisions of Sections 5-115 and 5-125 do not apply to rules 15 adopted under this subsection (f). The adoption of emergency 16 rules authorized by this subsection (f) shall be deemed to be 17 necessary for the public interest, safety, and welfare. 18 (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98; 90-588, 19 eff. 7-1-98; 91-24, eff. 7-1-99; 91-357, eff. 7-29-99.) 20 Section 10. The State Comptroller Act is amended by 21 changing Section 10.05a as follows: 22 (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a) 23 Sec. 10.05a. Deductions from Warrants and Payments for 24 Satisfaction of Past Due Child Support. At the direction of 25 the Department of Public Aid, the Comptroller shall deduct 26 from a warrant or other payment described in Section 10.05 of 27 this Act, in accordance with the procedures provided therein, 28 and pay over to the Department or the State Disbursement Unit 29 established under Section 10-26 of the Illinois Public Aid 30 Code, at the direction of the Department, that amount 31 certified as necessary to satisfy, in whole or in part, past 32 due support owed by a person on account of support action HB4588 Enrolled -4- LRB9112936REdv 1 being taken by the Department under Article X of the Illinois 2 Public Aid Code, whether or not such support is owed to the 3 State. Such deduction shall have priority over any 4 garnishment except that for payment of state or federal 5 taxes. In the case of joint payees, the Comptroller shall 6 deduct and pay over to the Department or the State 7 Disbursement Unit, as directed by the Department, the entire 8 amount certified. The Comptroller shall provide the 9 Department with the address to which the warrant or other 10 payment was to be mailed and the social security number of 11 each person from whom a deduction is made pursuant to this 12 Section. 13 (Source: P.A. 91-212, eff. 7-20-99.) 14 Section 15. The Children and Family Services Act is 15 amended by changing Section 22.2 as follows: 16 (20 ILCS 505/22.2) (from Ch. 23, par. 5022.2) 17 Sec. 22.2. To provide training programs for the 18 provision of foster care and adoptive care services. 19 Training provided to foster parents shall include training 20 and information on their right to be heard, to bring a 21 mandamus action, and to intervene in juvenile court as set 22 forth under subsection (2) of Section 1-5 of the Juvenile 23 Court Act of 1987 and the availability of the hotline 24 established under Section 35.6 of this Act, that foster 25 parents may use to report incidents of misconduct or 26 violation of rules by Department employees, service 27 providers, or contractors. Monies for such training programs 28 shall be derived from the Department of Children and Family 29 Services Training Fund, hereby created in the State Treasury. 30 Deposits to this fund shall consist of federal financial 31 participation in foster care and adoption care training 32 programs, public and unsolicited private grants and fees for HB4588 Enrolled -5- LRB9112936REdv 1 such training. In addition, with the approval of the 2 Governor, the Department may transfer amounts not exceeding 3 $2,000,000 in each fiscal year from the DCFS Children's 4 Services Fund to the Department of Children and Family 5 Services Training Fund. Disbursements from the Department of 6 Children and Family Services Training Fund shall be made by 7 the Department for foster care and adoptive care training 8 services in accordance with federal standards. 9 (Source: P.A. 88-7.) 10 Section 20. The Department of Revenue Law of the Civil 11 Administrative Code of Illinois is amended by changing 12 Section 2505-650 as follows: 13 (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52) 14 Sec. 2505-650. Collection of past due support. Upon 15 certification of past due child support amounts from the 16 Department of Public Aid, the Department of Revenue may 17 collect the delinquency in any manner authorized for the 18 collection of any tax administered by the Department of 19 Revenue. The Department of Revenue shall notify the 20 Department of Public Aid when the delinquency or any portion 21 of the delinquency has been collected under this Section. 22 Any child support delinquency collected by the Department of 23 Revenue, including those amounts that result in overpayment 24 of a child support delinquency, shall be deposited into the 25 Child Support Enforcement Trust Fund or paid to the State 26 Disbursement Unit established under Section 10-26 of the 27 Illinois Public Aid Code, at the direction of the Department 28 of Public Aidinto into. The Department of Revenue may 29 implement this Section through the use of emergency rules in 30 accordance with Section 5-45 of the Illinois Administrative 31 Procedure Act. For purposes of the Illinois Administrative 32 Procedure Act, the adoption of rules to implement this HB4588 Enrolled -6- LRB9112936REdv 1 Section shall be considered an emergency and necessary for 2 the public interest, safety, and welfare. 3 (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99; 4 91-239, eff. 1-1-00; revised 8-5-99.) 5 Section 25. The State Finance Act is amended by changing 6 Section 8.27 as follows: 7 (30 ILCS 105/8.27) (from Ch. 127, par. 144.27) 8 Sec. 8.27. All receipts from federal financial 9 participation in the Foster Care and Adoption Services 10 program under Title IV-E of the federal Social Security Act, 11 including receipts for related indirect costs, but excluding 12 receipts from federal financial participation in such Title 13 IV-E Foster Care and Adoption Training program, shall be 14 deposited in the DCFS Children's Services Fund. 15 Eighty percent of the federal funds received by the 16 Illinois Department of Human Services under the Title IV-A 17 Emergency Assistance program as reimbursement for 18 expenditures made from the Illinois Department of Children 19 and Family Services appropriations for the costs of services 20 in behalf of Department of Children and Family Services 21 clients shall be deposited into the DCFS Children's Services 22 Fund. 23 All receipts from federal financial participation in the 24 Child Welfare Services program under Title IV-B of the 25 federal Social Security Act, including receipts for related 26 indirect costs, shall be deposited into the DCFS Children's 27 Services Fund for those moneys received as reimbursement for 28 services provided on or after July 1, 1994. 29 In addition, as soon as may be practicable after the 30 first day of November, 1994, the Department of Children and 31 Family Services shall request the Comptroller to order 32 transferred and the Treasurer shall transfer the unexpended HB4588 Enrolled -7- LRB9112936REdv 1 balance of the Child Welfare Services Fund to the DCFS 2 Children's Services Fund. Upon completion of the transfer, 3 the Child Welfare Services Fund will be considered dissolved 4 and any outstanding obligations or liabilities of that fund 5 will pass to the DCFS Children's Services Fund. 6 Monies in the Fund may be used by the Department, 7 pursuant to appropriation by the General Assembly, for the 8 ordinary and contingent expenses of the Department. 9 In fiscal year 1988 and in each fiscal year thereafter 10 through fiscal year 2000, the Comptroller shall order 11 transferred and the Treasurer shall transfer an amount of 12 $16,100,000 from the DCFS Children's Services Fund to the 13 General Revenue Fund in the following manner: As soon as may 14 be practicable after the 15th day of September, December, 15 March and June, the Comptroller shall order transferred and 16 the Treasurer shall transfer, to the extent that funds are 17 available, 1/4 of $16,100,000, plus any cumulative 18 deficiencies in such transfers for prior transfer dates 19 during such fiscal year. In no event shall any such transfer 20 reduce the available balance in the DCFS Children's Services 21 Fund below $350,000. 22 In accordance with subsection (q) of Section 5 of the 23 Children and Family Services Act, disbursements from 24 individual children's accounts shall be deposited into the 25 DCFS Children's Services Fund. 26 (Source: P.A. 88-553; 89-21, eff. 6-6-95; 89-507, eff. 27 7-1-97.) 28 Section 28. The General Obligation Bond Act is amended 29 by changing Section 4 as follows: 30 (30 ILCS 330/4) (from Ch. 127, par. 654) 31 Sec. 4. Transportation. The amount of $5,312,270,000 is 32 authorized for use by the Department of Transportation for HB4588 Enrolled -8- LRB9112936REdv 1 the specific purpose of promoting and assuring rapid, 2 efficient, and safe highway, air and mass transportation for 3 the inhabitants of the State by providing monies, including 4 the making of grants and loans, for the acquisition, 5 construction, reconstruction, extension and improvement of 6 the following transportation facilities and equipment, and 7 for the acquisition of real property and interests in real 8 property required or expected to be required in connection 9 therewith as follows: 10 (a) $3,431,000,000 for State highways, arterial 11 highways, freeways, roads, bridges, structures separating 12 highways and railroads and roads, and bridges on roads 13 maintained by counties, municipalities, townships or road 14 districts for the following specific purposes: 15 (1) $3,330,000,000 for use statewide, 16 (2) $3,641,000 for use outside the Chicago 17 urbanized area, 18 (3) $7,543,000 for use within the Chicago urbanized 19 area, 20 (4) $13,060,600 for use within the City of Chicago, 21 (5) $57,894,500 for use within the counties of 22 Cook, DuPage, Kane, Lake, McHenry and Will, and 23 (6) $18,860,900 for use outside the counties of 24 Cook, DuPage, Kane, Lake, McHenry and Will. 25 (b) $1,529,670,000 for rail facilities and for mass 26 transit facilities, as defined in Section 2705-305 of the 27 Department of Transportation Law (20 ILCS 2705/2705-305), 28 including rapid transit, rail, bus and other equipment used 29 in connection therewith by the State or any unit of local 30 government, special transportation district, municipal 31 corporation or other corporation or public authority 32 authorized to provide and promote public transportation 33 within the State or two or more of the foregoing jointly, for 34 the following specific purposes: HB4588 Enrolled -9- LRB9112936REdv 1 (1) $1,433,870,000 statewide, 2 (2) $83,350,000 for use within the counties of 3 Cook, DuPage, Kane, Lake, McHenry and Will, 4 (3) $12,450,000 for use outside the counties of 5 Cook, DuPage, Kane, Lake, McHenry and Will. 6 (c) $351,600,000 for airport or aviation facilities and 7 any equipment used in connection therewith, including 8 engineering and land acquisition costs, by the State or any 9 unit of local government, special transportation district, 10 municipal corporation or other corporation or public 11 authority authorized to provide public transportation within 12 the State, or two or more of the foregoing acting jointly, 13 and for the making of deposits into the Airport Land Loan 14 Revolving Fund for loans to public airport owners pursuant to 15 the Illinois Aeronautics Act. 16 (Source: P.A. 90-8, eff. 12-8-97 (changed from 6-1-98 by P.A. 17 90-549); 90-586, eff. 6-4-98; 91-39, eff. 6-15-99; 91-239, 18 eff. 1-1-00; revised 8-6-99.) 19 Section 30. The Illinois Income Tax Act is amended by 20 changing Section 901 as follows: 21 (35 ILCS 5/901) (from Ch. 120, par. 9-901) 22 Sec. 901. Collection Authority. 23 (a) In general. 24 The Department shall collect the taxes imposed by this 25 Act. The Department shall collect certified past due child 26 support amounts under Section 2505-650 of the Department of 27 Revenue Law (20 ILCS 2505/2505-650). Except as provided in 28 subsections (c) and (e) of this Section, money collected 29 pursuant to subsections (a) and (b) of Section 201 of this 30 Act shall be paid into the General Revenue Fund in the State 31 treasury; money collected pursuant to subsections (c) and (d) 32 of Section 201 of this Act shall be paid into the Personal HB4588 Enrolled -10- LRB9112936REdv 1 Property Tax Replacement Fund, a special fund in the State 2 Treasury; and money collected under Section 2505-650 of the 3 Department of Revenue Law (20 ILCS 2505/2505-650) shall be 4 paid into the Child Support Enforcement Trust Fund, a special 5 fund outside the State Treasury, or to the State Disbursement 6 Unit established under Section 10-26 of the Illinois Public 7 Aid Code, as directed by the Department of Public Aid. 8 (b) Local Governmental Distributive Fund. 9 Beginning August 1, 1969, and continuing through June 30, 10 1994, the Treasurer shall transfer each month from the 11 General Revenue Fund to a special fund in the State treasury, 12 to be known as the "Local Government Distributive Fund", an 13 amount equal to 1/12 of the net revenue realized from the tax 14 imposed by subsections (a) and (b) of Section 201 of this Act 15 during the preceding month. Beginning July 1, 1994, and 16 continuing through June 30, 1995, the Treasurer shall 17 transfer each month from the General Revenue Fund to the 18 Local Government Distributive Fund an amount equal to 1/11 of 19 the net revenue realized from the tax imposed by subsections 20 (a) and (b) of Section 201 of this Act during the preceding 21 month. Beginning July 1, 1995, the Treasurer shall transfer 22 each month from the General Revenue Fund to the Local 23 Government Distributive Fund an amount equal to 1/10 of the 24 net revenue realized from the tax imposed by subsections (a) 25 and (b) of Section 201 of the Illinois Income Tax Act during 26 the preceding month. Net revenue realized for a month shall 27 be defined as the revenue from the tax imposed by subsections 28 (a) and (b) of Section 201 of this Act which is deposited in 29 the General Revenue Fund, the Educational Assistance Fund and 30 the Income Tax Surcharge Local Government Distributive Fund 31 during the month minus the amount paid out of the General 32 Revenue Fund in State warrants during that same month as 33 refunds to taxpayers for overpayment of liability under the 34 tax imposed by subsections (a) and (b) of Section 201 of this HB4588 Enrolled -11- LRB9112936REdv 1 Act. 2 (c) Deposits Into Income Tax Refund Fund. 3 (1) Beginning on January 1, 1989 and thereafter, 4 the Department shall deposit a percentage of the amounts 5 collected pursuant to subsections (a) and (b)(1), (2), 6 and (3), of Section 201 of this Act into a fund in the 7 State treasury known as the Income Tax Refund Fund. The 8 Department shall deposit 6% of such amounts during the 9 period beginning January 1, 1989 and ending on June 30, 10 1989. Beginning with State fiscal year 1990 and for each 11 fiscal year thereafter, the percentage deposited into the 12 Income Tax Refund Fund during a fiscal year shall be the 13 Annual Percentage. For fiscal years 1999 through 2001, 14 the Annual Percentage shall be 7.1%. For all other 15 fiscal years, the Annual Percentage shall be calculated 16 as a fraction, the numerator of which shall be the amount 17 of refunds approved for payment by the Department during 18 the preceding fiscal year as a result of overpayment of 19 tax liability under subsections (a) and (b)(1), (2), and 20 (3) of Section 201 of this Act plus the amount of such 21 refunds remaining approved but unpaid at the end of the 22 preceding fiscal year, the denominator of which shall be 23 the amounts which will be collected pursuant to 24 subsections (a) and (b)(1), (2), and (3) of Section 201 25 of this Act during the preceding fiscal year. The 26 Director of Revenue shall certify the Annual Percentage 27 to the Comptroller on the last business day of the fiscal 28 year immediately preceding the fiscal year for which it 29 is to be effective. 30 (2) Beginning on January 1, 1989 and thereafter, 31 the Department shall deposit a percentage of the amounts 32 collected pursuant to subsections (a) and (b)(6), (7), 33 and (8), (c) and (d) of Section 201 of this Act into a 34 fund in the State treasury known as the Income Tax Refund HB4588 Enrolled -12- LRB9112936REdv 1 Fund. The Department shall deposit 18% of such amounts 2 during the period beginning January 1, 1989 and ending on 3 June 30, 1989. Beginning with State fiscal year 1990 and 4 for each fiscal year thereafter, the percentage deposited 5 into the Income Tax Refund Fund during a fiscal year 6 shall be the Annual Percentage. For fiscal years 1999, 7 2000, and 2001, the Annual Percentage shall be 19%. For 8 all other fiscal years, the Annual Percentage shall be 9 calculated as a fraction, the numerator of which shall be 10 the amount of refunds approved for payment by the 11 Department during the preceding fiscal year as a result 12 of overpayment of tax liability under subsections (a) and 13 (b)(6), (7), and (8), (c) and (d) of Section 201 of this 14 Act plus the amount of such refunds remaining approved 15 but unpaid at the end of the preceding fiscal year, the 16 denominator of which shall be the amounts which will be 17 collected pursuant to subsections (a) and (b)(6), (7), 18 and (8), (c) and (d) of Section 201 of this Act during 19 the preceding fiscal year. The Director of Revenue shall 20 certify the Annual Percentage to the Comptroller on the 21 last business day of the fiscal year immediately 22 preceding the fiscal year for which it is to be 23 effective. 24 (d) Expenditures from Income Tax Refund Fund. 25 (1) Beginning January 1, 1989, money in the Income 26 Tax Refund Fund shall be expended exclusively for the 27 purpose of paying refunds resulting from overpayment of 28 tax liability under Section 201 of this Act and for 29 making transfers pursuant to this subsection (d). 30 (2) The Director shall order payment of refunds 31 resulting from overpayment of tax liability under Section 32 201 of this Act from the Income Tax Refund Fund only to 33 the extent that amounts collected pursuant to Section 201 34 of this Act and transfers pursuant to this subsection (d) HB4588 Enrolled -13- LRB9112936REdv 1 have been deposited and retained in the Fund. 2 (3) As soon as possible after the end of each 3 fiscal year, the Director shall order transferred and the 4 State Treasurer and State Comptroller shall transfer from 5 the Income Tax Refund Fund to the Personal Property Tax 6 Replacement Fund an amount, certified by the Director to 7 the Comptroller, equal to the excess of the amount 8 collected pursuant to subsections (c) and (d) of Section 9 201 of this Act deposited into the Income Tax Refund Fund 10 during the fiscal year over the amount of refunds 11 resulting from overpayment of tax liability under 12 subsections (c) and (d) of Section 201 of this Act paid 13 from the Income Tax Refund Fund during the fiscal year. 14 (4) As soon as possible after the end of each 15 fiscal year, the Director shall order transferred and the 16 State Treasurer and State Comptroller shall transfer from 17 the Personal Property Tax Replacement Fund to the Income 18 Tax Refund Fund an amount, certified by the Director to 19 the Comptroller, equal to the excess of the amount of 20 refunds resulting from overpayment of tax liability under 21 subsections (c) and (d) of Section 201 of this Act paid 22 from the Income Tax Refund Fund during the fiscal year 23 over the amount collected pursuant to subsections (c) and 24 (d) of Section 201 of this Act deposited into the Income 25 Tax Refund Fund during the fiscal year. 26 (4.5) As soon as possible after the end of fiscal 27 year 1999 and of each fiscal year thereafter, the 28 Director shall order transferred and the State Treasurer 29 and State Comptroller shall transfer from the Income Tax 30 Refund Fund to the General Revenue Fund any surplus 31 remaining in the Income Tax Refund Fund as of the end of 32 such fiscal year. 33 (5) This Act shall constitute an irrevocable and 34 continuing appropriation from the Income Tax Refund Fund HB4588 Enrolled -14- LRB9112936REdv 1 for the purpose of paying refunds upon the order of the 2 Director in accordance with the provisions of this 3 Section. 4 (e) Deposits into the Education Assistance Fund and the 5 Income Tax Surcharge Local Government Distributive Fund. 6 On July 1, 1991, and thereafter, of the amounts collected 7 pursuant to subsections (a) and (b) of Section 201 of this 8 Act, minus deposits into the Income Tax Refund Fund, the 9 Department shall deposit 7.3% into the Education Assistance 10 Fund in the State Treasury. Beginning July 1, 1991, and 11 continuing through January 31, 1993, of the amounts collected 12 pursuant to subsections (a) and (b) of Section 201 of the 13 Illinois Income Tax Act, minus deposits into the Income Tax 14 Refund Fund, the Department shall deposit 3.0% into the 15 Income Tax Surcharge Local Government Distributive Fund in 16 the State Treasury. Beginning February 1, 1993 and 17 continuing through June 30, 1993, of the amounts collected 18 pursuant to subsections (a) and (b) of Section 201 of the 19 Illinois Income Tax Act, minus deposits into the Income Tax 20 Refund Fund, the Department shall deposit 4.4% into the 21 Income Tax Surcharge Local Government Distributive Fund in 22 the State Treasury. Beginning July 1, 1993, and continuing 23 through June 30, 1994, of the amounts collected under 24 subsections (a) and (b) of Section 201 of this Act, minus 25 deposits into the Income Tax Refund Fund, the Department 26 shall deposit 1.475% into the Income Tax Surcharge Local 27 Government Distributive Fund in the State Treasury. 28 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98; 29 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.) 30 Section 33. The Upper Illinois River Valley Development 31 Authority Act is amended by adding Section 6.1 as follows: 32 (70 ILCS 530/6.1 new) HB4588 Enrolled -15- LRB9112936REdv 1 Sec. 6.1. Tax avoidance. Notwithstanding any other 2 provision of law, the Authority shall not enter into any 3 agreement providing for the purchase and lease of tangible 4 personal property that results in the avoidance of taxation 5 under the Retailers' Occupation Tax Act, the Use Tax Act, the 6 Service Use Tax Act, or the Service Occupation Tax Act, 7 without the prior written consent of the Governor. 8 Section 35. The Ambulatory Surgical Treatment Center Act 9 is amended by changing Section 8 as follows: 10 (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8) 11 Sec. 8. Facility plan review; fees. 12 (a) Before commencing construction of new facilities or 13 specified types of alteration or additions to an existing 14 ambulatory surgical treatment center involving major 15 construction, as defined by rule by the Department, with an 16 estimated cost greater than $100,000, architectural drawings 17 and specifications therefor shall be submitted to the 18 Department for review and approval. A facility may submit 19 architectural drawings and specifications for other 20 construction projects for Department review according to 21 subsection (b) that shall not be subject to fees under 22 subsection (d). Review of drawings and specifications shall 23 be conducted by an employee of the Department meeting the 24 qualifications established by the Department of Central 25 Management Services class specifications for such an 26 individual's position or by a person contracting with the 27 Department who meets those class specifications. Final 28 approval of the drawings and specifications for compliance 29 with design and construction standards shall be obtained from 30 the Department before the alteration, addition, or new 31 construction is begun. 32 (b) The Department shall inform an applicant in writing HB4588 Enrolled -16- LRB9112936REdv 1 within 10 working days after receiving drawings and 2 specifications and the required fee, if any, from the 3 applicant whether the applicant's submission is complete or 4 incomplete. Failure to provide the applicant with this 5 notice within 10 working days shall result in the submission 6 being deemed complete for purposes of initiating the 60-day 7 review period under this Section. If the submission is 8 incomplete, the Department shall inform the applicant of the 9 deficiencies with the submission in writing. If the 10 submission is complete and the required fee, if any, has been 11 paid, the Department shall approve or disapprove drawings and 12 specifications submitted to the Department no later than 60 13 days following receipt by the Department. The drawings and 14 specifications shall be of sufficient detail, as provided by 15 Department rule, to enable the Department to render a 16 determination of compliance with design and construction 17 standards under this Act. If the Department finds that the 18 drawings are not of sufficient detail for it to render a 19 determination of compliance, the plans shall be determined to 20 be incomplete and shall not be considered for purposes of 21 initiating the 60 day review period. If a submission of 22 drawings and specifications is incomplete, the applicant may 23 submit additional information. The 60-day review period 24 shall not commence until the Department determines that a 25 submission of drawings and specifications is complete or the 26 submission is deemed complete. If the Department has not 27 approved or disapproved the drawings and specifications 28 within 60 days, the construction, major alteration, or 29 addition shall be deemed approved. If the drawings and 30 specifications are disapproved, the Department shall state in 31 writing, with specificity, the reasons for the disapproval. 32 The entity submitting the drawings and specifications may 33 submit additional information in response to the written 34 comments from the Department or request a reconsideration of HB4588 Enrolled -17- LRB9112936REdv 1 the disapproval. A final decision of approval or disapproval 2 shall be made within 45 days of the receipt of the additional 3 information or reconsideration request. If denied, the 4 Department shall state the specific reasons for the denial. 5 (c) The Department shall provide written approval for 6 occupancy pursuant to subsection (g) and shall not issue a 7 violation to a facility as a result of a licensure or 8 complaint survey based upon the facility's physical structure 9 if: 10 (1) the Department reviewed and approved or deemed 11 approved the drawings and specifications for compliance 12 with design and construction standards; 13 (2) the construction, major alteration, or addition 14 was built as submitted; 15 (3) the law or rules have not been amended since 16 the original approval; and 17 (4) the conditions at the facility indicate that 18 there is a reasonable degree of safety provided for the 19 patients. 20 (d) The Department shall charge the following fees in 21 connection with its reviews conducted before June 30, 2004 222000under this Section: 23 (1) (Blank). 24 (2) (Blank). 25 (3) If the estimated dollar value of the 26 alteration, addition, or new construction is $100,000 or 27 more but less than $500,000, the fee shall be the greater 28 of $2,400 or 1.2% of that value. 29 (4) If the estimated dollar value of the 30 alteration, addition, or new construction is $500,000 or 31 more but less than $1,000,000, the fee shall be the 32 greater of $6,000 or 0.96% of that value. 33 (5) If the estimated dollar value of the 34 alteration, addition, or new construction is $1,000,000 HB4588 Enrolled -18- LRB9112936REdv 1 or more but less than $5,000,000, the fee shall be the 2 greater of $9,600 or 0.22% of that value. 3 (6) If the estimated dollar value of the 4 alteration, addition, or new construction is $5,000,000 5 or more, the fee shall be the greater of $11,000 or 0.11% 6 of that value, but shall not exceed $40,000. 7 The fees provided in this subsection (d) shall not apply 8 to major construction projects involving facility changes 9 that are required by Department rule amendments. 10 The fees provided in this subsection (d) shall also not 11 apply to major construction projects if 51% or more of the 12 estimated cost of the project is attributed to capital 13 equipment. For major construction projects where 51% or more 14 of the estimated cost of the project is attributed to capital 15 equipment, the Department shall by rule establish a fee that 16 is reasonably related to the cost of reviewing the project. 17 The Department shall not commence the facility plan 18 review process under this Section until the applicable fee 19 has been paid. 20 (e) All fees received by the Department under this 21 Section shall be deposited into the Health Facility Plan 22 Review Fund, a special fund created in the State Treasury. 23 Moneys shall be appropriated from that Fund to the Department 24 only to pay the costs of conducting reviews under this 25 Section. All fees paid by ambulatory surgical treatment 26 centers under subsection (d) shall be used only to cover the 27 costs relating to the Department's review of ambulatory 28 surgical treatment center projects under this Section. None 29 of the moneys in the Health Facility Plan Review Fund shall 30 be used to reduce the amount of General Revenue Fund moneys 31 appropriated to the Department for facility plan reviews 32 conducted pursuant to this Section. 33 (f) (1) The provisions of this amendatory Act of 1997 34 concerning drawings and specifications shall apply only HB4588 Enrolled -19- LRB9112936REdv 1 to drawings and specifications submitted to the 2 Department on or after October 1, 1997. 3 (2) On and after the effective date of this 4 amendatory Act of 1997 and before October 1, 1997, an 5 applicant may submit or resubmit drawings and 6 specifications to the Department and pay the fees 7 provided in subsection (d). If an applicant pays the 8 fees provided in subsection (d) under this paragraph (2), 9 the provisions of subsection (b) shall apply with regard 10 to those drawings and specifications. 11 (g) The Department shall conduct an on-site inspection 12 of the completed project no later than 30 days after 13 notification from the applicant that the project has been 14 completed and all certifications required by the Department 15 have been received and accepted by the Department. The 16 Department shall provide written approval for occupancy to 17 the applicant within 5 working days of the Department's final 18 inspection, provided the applicant has demonstrated 19 substantial compliance as defined by Department rule. 20 Occupancy of new major construction is prohibited until 21 Department approval is received, unless the Department has 22 not acted within the time frames provided in this subsection 23 (g), in which case the construction shall be deemed approved. 24 Occupancy shall be authorized after any required health 25 inspection by the Department has been conducted. 26 (h) The Department shall establish, by rule, a procedure 27 to conduct interim on-site review of large or complex 28 construction projects. 29 (i) The Department shall establish, by rule, an 30 expedited process for emergency repairs or replacement of 31 like equipment. 32 (j) Nothing in this Section shall be construed to apply 33 to maintenance, upkeep, or renovation that does not affect 34 the structural integrity of the building, does not add beds HB4588 Enrolled -20- LRB9112936REdv 1 or services over the number for which the facility is 2 licensed, and provides a reasonable degree of safety for the 3 patients. 4 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.) 5 Section 40. The Nursing Home Care Act is amended by 6 changing Section 3-202.5 as follows: 7 (210 ILCS 45/3-202.5) 8 Sec. 3-202.5. Facility plan review; fees. 9 (a) Before commencing construction of a new facility or 10 specified types of alteration or additions to an existing 11 long term care facility involving major construction, as 12 defined by rule by the Department, with an estimated cost 13 greater than $100,000, architectural drawings and 14 specifications for the facility shall be submitted to the 15 Department for review and approval. A facility may submit 16 architectural drawings and specifications for other 17 construction projects for Department review according to 18 subsection (b) that shall not be subject to fees under 19 subsection (d). Review of drawings and specifications shall 20 be conducted by an employee of the Department meeting the 21 qualifications established by the Department of Central 22 Management Services class specifications for such an 23 individual's position or by a person contracting with the 24 Department who meets those class specifications. Final 25 approval of the drawings and specifications for compliance 26 with design and construction standards shall be obtained from 27 the Department before the alteration, addition, or new 28 construction is begun. 29 (b) The Department shall inform an applicant in writing 30 within 10 working days after receiving drawings and 31 specifications and the required fee, if any, from the 32 applicant whether the applicant's submission is complete or HB4588 Enrolled -21- LRB9112936REdv 1 incomplete. Failure to provide the applicant with this 2 notice within 10 working days shall result in the submission 3 being deemed complete for purposes of initiating the 60-day 4 review period under this Section. If the submission is 5 incomplete, the Department shall inform the applicant of the 6 deficiencies with the submission in writing. If the 7 submission is complete the required fee, if any, has been 8 paid, the Department shall approve or disapprove drawings and 9 specifications submitted to the Department no later than 60 10 days following receipt by the Department. The drawings and 11 specifications shall be of sufficient detail, as provided by 12 Department rule, to enable the Department to render a 13 determination of compliance with design and construction 14 standards under this Act. If the Department finds that the 15 drawings are not of sufficient detail for it to render a 16 determination of compliance, the plans shall be determined to 17 be incomplete and shall not be considered for purposes of 18 initiating the 60 day review period. If a submission of 19 drawings and specifications is incomplete, the applicant may 20 submit additional information. The 60-day review period 21 shall not commence until the Department determines that a 22 submission of drawings and specifications is complete or the 23 submission is deemed complete. If the Department has not 24 approved or disapproved the drawings and specifications 25 within 60 days, the construction, major alteration, or 26 addition shall be deemed approved. If the drawings and 27 specifications are disapproved, the Department shall state in 28 writing, with specificity, the reasons for the disapproval. 29 The entity submitting the drawings and specifications may 30 submit additional information in response to the written 31 comments from the Department or request a reconsideration of 32 the disapproval. A final decision of approval or disapproval 33 shall be made within 45 days of the receipt of the additional 34 information or reconsideration request. If denied, the HB4588 Enrolled -22- LRB9112936REdv 1 Department shall state the specific reasons for the denial. 2 (c) The Department shall provide written approval for 3 occupancy pursuant to subsection (g) and shall not issue a 4 violation to a facility as a result of a licensure or 5 complaint survey based upon the facility's physical structure 6 if: 7 (1) the Department reviewed and approved or deemed 8 approved the drawings and specifications for compliance 9 with design and construction standards; 10 (2) the construction, major alteration, or addition 11 was built as submitted; 12 (3) the law or rules have not been amended since 13 the original approval; and 14 (4) the conditions at the facility indicate that 15 there is a reasonable degree of safety provided for the 16 residents. 17 (d) The Department shall charge the following fees in 18 connection with its reviews conducted before June 30, 2004 192000under this Section: 20 (1) (Blank). 21 (2) (Blank). 22 (3) If the estimated dollar value of the 23 alteration, addition, or new construction is $100,000 or 24 more but less than $500,000, the fee shall be the greater 25 of $2,400 or 1.2% of that value. 26 (4) If the estimated dollar value of the 27 alteration, addition, or new construction is $500,000 or 28 more but less than $1,000,000, the fee shall be the 29 greater of $6,000 or 0.96% of that value. 30 (5) If the estimated dollar value of the 31 alteration, addition, or new construction is $1,000,000 32 or more but less than $5,000,000, the fee shall be the 33 greater of $9,600 or 0.22% of that value. 34 (6) If the estimated dollar value of the HB4588 Enrolled -23- LRB9112936REdv 1 alteration, addition, or new construction is $5,000,000 2 or more, the fee shall be the greater of $11,000 or 0.11% 3 of that value, but shall not exceed $40,000. 4 The fees provided in this subsection (d) shall not apply 5 to major construction projects involving facility changes 6 that are required by Department rule amendments. 7 The fees provided in this subsection (d) shall also not 8 apply to major construction projects if 51% or more of the 9 estimated cost of the project is attributed to capital 10 equipment. For major construction projects where 51% or more 11 of the estimated cost of the project is attributed to capital 12 equipment, the Department shall by rule establish a fee that 13 is reasonably related to the cost of reviewing the project. 14 The Department shall not commence the facility plan 15 review process under this Section until the applicable fee 16 has been paid. 17 (e) All fees received by the Department under this 18 Section shall be deposited into the Health Facility Plan 19 Review Fund, a special fund created in the State Treasury. 20 All fees paid by long-term care facilities under subsection 21 (d) shall be used only to cover the costs relating to the 22 Department's review of long-term care facility projects under 23 this Section. Moneys shall be appropriated from that Fund to 24 the Department only to pay the costs of conducting reviews 25 under this Section. None of the moneys in the Health Facility 26 Plan Review Fund shall be used to reduce the amount of 27 General Revenue Fund moneys appropriated to the Department 28 for facility plan reviews conducted pursuant to this Section. 29 (f) (1) The provisions of this amendatory Act of 1997 30 concerning drawings and specifications shall apply only 31 to drawings and specifications submitted to the 32 Department on or after October 1, 1997. 33 (2) On and after the effective date of this 34 amendatory Act of 1997 and before October 1, 1997, an HB4588 Enrolled -24- LRB9112936REdv 1 applicant may submit or resubmit drawings and 2 specifications to the Department and pay the fees 3 provided in subsection (d). If an applicant pays the 4 fees provided in subsection (d) under this paragraph (2), 5 the provisions of subsection (b) shall apply with regard 6 to those drawings and specifications. 7 (g) The Department shall conduct an on-site inspection 8 of the completed project no later than 30 days after 9 notification from the applicant that the project has been 10 completed and all certifications required by the Department 11 have been received and accepted by the Department. The 12 Department shall provide written approval for occupancy to 13 the applicant within 5 working days of the Department's final 14 inspection, provided the applicant has demonstrated 15 substantial compliance as defined by Department rule. 16 Occupancy of new major construction is prohibited until 17 Department approval is received, unless the Department has 18 not acted within the time frames provided in this subsection 19 (g), in which case the construction shall be deemed approved. 20 Occupancy shall be authorized after any required health 21 inspection by the Department has been conducted. 22 (h) The Department shall establish, by rule, a procedure 23 to conduct interim on-site review of large or complex 24 construction projects. 25 (i) The Department shall establish, by rule, an 26 expedited process for emergency repairs or replacement of 27 like equipment. 28 (j) Nothing in this Section shall be construed to apply 29 to maintenance, upkeep, or renovation that does not affect 30 the structural integrity of the building, does not add beds 31 or services over the number for which the long-term care 32 facility is licensed, and provides a reasonable degree of 33 safety for the residents. 34 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.) HB4588 Enrolled -25- LRB9112936REdv 1 Section 45. The Hospital Licensing Act is amended by 2 changing Section 8 as follows: 3 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149) 4 Sec. 8. Facility plan review; fees. 5 (a) Before commencing construction of new facilities or 6 specified types of alteration or additions to an existing 7 hospital involving major construction, as defined by rule by 8 the Department, with an estimated cost greater than $100,000, 9 architectural plans and specifications therefor shall be 10 submitted by the licensee to the Department for review and 11 approval. A hospital may submit architectural drawings and 12 specifications for other construction projects for Department 13 review according to subsection (b) that shall not be subject 14 to fees under subsection (d). Review of drawings and 15 specifications shall be conducted by an employee of the 16 Department meeting the qualifications established by the 17 Department of Central Management Services class 18 specifications for such an individual's position or by a 19 person contracting with the Department who meets those class 20 specifications. Final approval of the plans and 21 specifications for compliance with design and construction 22 standards shall be obtained from the Department before the 23 alteration, addition, or new construction is begun. 24 (b) The Department shall inform an applicant in writing 25 within 10 working days after receiving drawings and 26 specifications and the required fee, if any, from the 27 applicant whether the applicant's submission is complete or 28 incomplete. Failure to provide the applicant with this 29 notice within 10 working days shall result in the submission 30 being deemed complete for purposes of initiating the 60-day 31 review period under this Section. If the submission is 32 incomplete, the Department shall inform the applicant of the 33 deficiencies with the submission in writing. If the HB4588 Enrolled -26- LRB9112936REdv 1 submission is complete and the required fee, if any, has been 2 paid, the Department shall approve or disapprove drawings and 3 specifications submitted to the Department no later than 60 4 days following receipt by the Department. The drawings and 5 specifications shall be of sufficient detail, as provided by 6 Department rule, to enable the Department to render a 7 determination of compliance with design and construction 8 standards under this Act. If the Department finds that the 9 drawings are not of sufficient detail for it to render a 10 determination of compliance, the plans shall be determined to 11 be incomplete and shall not be considered for purposes of 12 initiating the 60 day review period. If a submission of 13 drawings and specifications is incomplete, the applicant may 14 submit additional information. The 60-day review period 15 shall not commence until the Department determines that a 16 submission of drawings and specifications is complete or the 17 submission is deemed complete. If the Department has not 18 approved or disapproved the drawings and specifications 19 within 60 days, the construction, major alteration, or 20 addition shall be deemed approved. If the drawings and 21 specifications are disapproved, the Department shall state in 22 writing, with specificity, the reasons for the disapproval. 23 The entity submitting the drawings and specifications may 24 submit additional information in response to the written 25 comments from the Department or request a reconsideration of 26 the disapproval. A final decision of approval or disapproval 27 shall be made within 45 days of the receipt of the additional 28 information or reconsideration request. If denied, the 29 Department shall state the specific reasons for the denial. 30 (c) The Department shall provide written approval for 31 occupancy pursuant to subsection (g) and shall not issue a 32 violation to a facility as a result of a licensure or 33 complaint survey based upon the facility's physical structure 34 if: HB4588 Enrolled -27- LRB9112936REdv 1 (1) the Department reviewed and approved or deemed 2 approved the drawing and specifications for compliance 3 with design and construction standards; 4 (2) the construction, major alteration, or addition 5 was built as submitted; 6 (3) the law or rules have not been amended since 7 the original approval; and 8 (4) the conditions at the facility indicate that 9 there is a reasonable degree of safety provided for the 10 patients. 11 (d) The Department shall charge the following fees in 12 connection with its reviews conducted before June 30, 2004 132000under this Section: 14 (1) (Blank). 15 (2) (Blank). 16 (3) If the estimated dollar value of the 17 alteration, addition, or new construction is $100,000 or 18 more but less than $500,000, the fee shall be the greater 19 of $2,400 or 1.2% of that value. 20 (4) If the estimated dollar value of the 21 alteration, addition, or new construction is $500,000 or 22 more but less than $1,000,000, the fee shall be the 23 greater of $6,000 or 0.96% of that value. 24 (5) If the estimated dollar value of the 25 alteration, addition, or new construction is $1,000,000 26 or more but less than $5,000,000, the fee shall be the 27 greater of $9,600 or 0.22% of that value. 28 (6) If the estimated dollar value of the 29 alteration, addition, or new construction is $5,000,000 30 or more, the fee shall be the greater of $11,000 or 0.11% 31 of that value, but shall not exceed $40,000. 32 The fees provided in this subsection (d) shall not apply 33 to major construction projects involving facility changes 34 that are required by Department rule amendments. HB4588 Enrolled -28- LRB9112936REdv 1 The fees provided in this subsection (d) shall also not 2 apply to major construction projects if 51% or more of the 3 estimated cost of the project is attributed to capital 4 equipment. For major construction projects where 51% or more 5 of the estimated cost of the project is attributed to capital 6 equipment, the Department shall by rule establish a fee that 7 is reasonably related to the cost of reviewing the project. 8 The Department shall not commence the facility plan 9 review process under this Section until the applicable fee 10 has been paid. 11 (e) All fees received by the Department under this 12 Section shall be deposited into the Health Facility Plan 13 Review Fund, a special fund created in the State treasury. 14 All fees paid by hospitals under subsection (d) shall be used 15 only to cover the costs relating to the Department's review 16 of hospital projects under this Section. Moneys shall be 17 appropriated from that Fund to the Department only to pay the 18 costs of conducting reviews under this Section. None of the 19 moneys in the Health Facility Plan Review Fund shall be used 20 to reduce the amount of General Revenue Fund moneys 21 appropriated to the Department for facility plan reviews 22 conducted pursuant to this Section. 23 (f) (1) The provisions of this amendatory Act of 1997 24 concerning drawings and specifications shall apply only 25 to drawings and specifications submitted to the 26 Department on or after October 1, 1997. 27 (2) On and after the effective date of this 28 amendatory Act of 1997 and before October 1, 1997, an 29 applicant may submit or resubmit drawings and 30 specifications to the Department and pay the fees 31 provided in subsection (d). If an applicant pays the 32 fees provided in subsection (d) under this paragraph (2), 33 the provisions of subsection (b) shall apply with regard 34 to those drawings and specifications. HB4588 Enrolled -29- LRB9112936REdv 1 (g) The Department shall conduct an on-site inspection 2 of the completed project no later than 30 days after 3 notification from the applicant that the project has been 4 completed and all certifications required by the Department 5 have been received and accepted by the Department. The 6 Department shall provide written approval for occupancy to 7 the applicant within 5 working days of the Department's final 8 inspection, provided the applicant has demonstrated 9 substantial compliance as defined by Department rule. 10 Occupancy of new major construction is prohibited until 11 Department approval is received, unless the Department has 12 not acted within the time frames provided in this subsection 13 (g), in which case the construction shall be deemed approved. 14 Occupancy shall be authorized after any required health 15 inspection by the Department has been conducted. 16 (h) The Department shall establish, by rule, a procedure 17 to conduct interim on-site review of large or complex 18 construction projects. 19 (i) The Department shall establish, by rule, an 20 expedited process for emergency repairs or replacement of 21 like equipment. 22 (j) Nothing in this Section shall be construed to apply 23 to maintenance, upkeep, or renovation that does not affect 24 the structural integrity of the building, does not add beds 25 or services over the number for which the facility is 26 licensed, and provides a reasonable degree of safety for the 27 patients. 28 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.) 29 Section 50. The Children's Health Insurance Program Act 30 is amended by changing Section 97 as follows: 31 (215 ILCS 106/97) 32 (Section scheduled to be repealed on June 30, 2001) HB4588 Enrolled -30- LRB9112936REdv 1 Sec. 97. Repealer. This Act is repealed on July 1, 2002 2June 30, 2001. 3 (Source: P.A. 90-736, eff. 8-12-98.) 4 Section 55. The Illinois Public Aid Code is amended by 5 changing Sections 5-2, 5-5.4, 10-26, 12-4.34, 12-10.2, and 6 12-10.4 and adding Section 12-8.1 as follows: 7 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2) 8 Sec. 5-2. Classes of Persons Eligible. Medical 9 assistance under this Article shall be available to any of 10 the following classes of persons in respect to whom a plan 11 for coverage has been submitted to the Governor by the 12 Illinois Department and approved by him: 13 1. Recipients of basic maintenance grants under Articles 14 III and IV. 15 2. Persons otherwise eligible for basic maintenance 16 under Articles III and IV but who fail to qualify thereunder 17 on the basis of need, and who have insufficient income and 18 resources to meet the costs of necessary medical care, 19 including but not limited to, all persons who would be 20 determined eligible for such basic maintenance under Article 21 IV by disregarding the maximum earned income permitted by 22 federal law. 23 3. Persons who would otherwise qualify for Aid to the 24 Medically Indigent under Article VII. 25 4. Persons not eligible under any of the preceding 26 paragraphs who fall sick, are injured, or die, not having 27 sufficient money, property or other resources to meet the 28 costs of necessary medical care or funeral and burial 29 expenses. 30 5. (a) Women during pregnancy, after the fact of 31 pregnancy has been determined by medical diagnosis, and 32 during the 60-day period beginning on the last day of the HB4588 Enrolled -31- LRB9112936REdv 1 pregnancy, together with their infants and children born 2 after September 30, 1983, whose income and resources are 3 insufficient to meet the costs of necessary medical care 4 to the maximum extent possible under Title XIX of the 5 Federal Social Security Act. 6 (b) The Illinois Department and the Governor shall 7 provide a plan for coverage of the persons eligible under 8 paragraph 5(a) by April 1, 1990. Such plan shall provide 9 ambulatory prenatal care to pregnant women during a 10 presumptive eligibility period and establish an income 11 eligibility standard that is equal to 133% of the nonfarm 12 income official poverty line, as defined by the federal 13 Office of Management and Budget and revised annually in 14 accordance with Section 673(2) of the Omnibus Budget 15 Reconciliation Act of 1981, applicable to families of the 16 same size, provided that costs incurred for medical care 17 are not taken into account in determining such income 18 eligibility. 19 (c) The Illinois Department may conduct a 20 demonstration in at least one county that will provide 21 medical assistance to pregnant women, together with their 22 infants and children up to one year of age, where the 23 income eligibility standard is set up to 185% of the 24 nonfarm income official poverty line, as defined by the 25 federal Office of Management and Budget. The Illinois 26 Department shall seek and obtain necessary authorization 27 provided under federal law to implement such a 28 demonstration. Such demonstration may establish resource 29 standards that are not more restrictive than those 30 established under Article IV of this Code. 31 6. Persons under the age of 18 who fail to qualify as 32 dependent under Article IV and who have insufficient income 33 and resources to meet the costs of necessary medical care to 34 the maximum extent permitted under Title XIX of the Federal HB4588 Enrolled -32- LRB9112936REdv 1 Social Security Act. 2 7. Persons who are 18 years of age or younger and would 3 qualify as disabled as defined under the Federal Supplemental 4 Security Income Program, provided medical service for such 5 persons would be eligible for Federal Financial 6 Participation, and provided the Illinois Department 7 determines that: 8 (a) the person requires a level of care provided by 9 a hospital, skilled nursing facility, or intermediate 10 care facility, as determined by a physician licensed to 11 practice medicine in all its branches; 12 (b) it is appropriate to provide such care outside 13 of an institution, as determined by a physician licensed 14 to practice medicine in all its branches; 15 (c) the estimated amount which would be expended 16 for care outside the institution is not greater than the 17 estimated amount which would be expended in an 18 institution. 19 8. Persons who become ineligible for basic maintenance 20 assistance under Article IV of this Code in programs 21 administered by the Illinois Department due to employment 22 earnings and persons in assistance units comprised of adults 23 and children who become ineligible for basic maintenance 24 assistance under Article VI of this Code due to employment 25 earnings. The plan for coverage for this class of persons 26 shall: 27 (a) extend the medical assistance coverage for up 28 to 12 months following termination of basic maintenance 29 assistance; and 30 (b) offer persons who have initially received 6 31 months of the coverage provided in paragraph (a) above, 32 the option of receiving an additional 6 months of 33 coverage, subject to the following: 34 (i) such coverage shall be pursuant to HB4588 Enrolled -33- LRB9112936REdv 1 provisions of the federal Social Security Act; 2 (ii) such coverage shall include all services 3 covered while the person was eligible for basic 4 maintenance assistance; 5 (iii) no premium shall be charged for such 6 coverage; and 7 (iv) such coverage shall be suspended in the 8 event of a person's failure without good cause to 9 file in a timely fashion reports required for this 10 coverage under the Social Security Act and coverage 11 shall be reinstated upon the filing of such reports 12 if the person remains otherwise eligible. 13 9. Persons with acquired immunodeficiency syndrome 14 (AIDS) or with AIDS-related conditions with respect to whom 15 there has been a determination that but for home or 16 community-based services such individuals would require the 17 level of care provided in an inpatient hospital, skilled 18 nursing facility or intermediate care facility the cost of 19 which is reimbursed under this Article. Assistance shall be 20 provided to such persons to the maximum extent permitted 21 under Title XIX of the Federal Social Security Act. 22 10. Participants in the long-term care insurance 23 partnership program established under the Partnership for 24 Long-Term Care Act who meet the qualifications for protection 25 of resources described in Section 25 of that Act. 26 11. Persons with disabilities who are employed and 27 eligible for Medicaid, pursuant to Section 28 1902(a)(10)(A)(ii)(xv) of the Social Security Act, as 29 provided by the Illinois Department by rule. 30 The Illinois Department and the Governor shall provide a 31 plan for coverage of the persons eligible under paragraph 7 32 as soon as possible after July 1, 1984. 33 The eligibility of any such person for medical assistance 34 under this Article is not affected by the payment of any HB4588 Enrolled -34- LRB9112936REdv 1 grant under the Senior Citizens and Disabled Persons Property 2 Tax Relief and Pharmaceutical Assistance Act or any 3 distributions or items of income described under subparagraph 4 (X) of paragraph (2) of subsection (a) of Section 203 of the 5 Illinois Income Tax Act. The Department shall by rule 6 establish the amounts of assets to be disregarded in 7 determining eligibility for medical assistance, which shall 8 at a minimum equal the amounts to be disregarded under the 9 Federal Supplemental Security Income Program. The amount of 10 assets of a single person to be disregarded shall not be less 11 than $2,000, and the amount of assets of a married couple to 12 be disregarded shall not be less than $3,000. 13 To the extent permitted under federal law, any person 14 found guilty of a second violation of Article VIIIA shall be 15 ineligible for medical assistance under this Article, as 16 provided in Section 8A-8. 17 The eligibility of any person for medical assistance 18 under this Article shall not be affected by the receipt by 19 the person of donations or benefits from fundraisers held for 20 the person in cases of serious illness, as long as neither 21 the person nor members of the person's family have actual 22 control over the donations or benefits or the disbursement of 23 the donations or benefits. 24 (Source: P.A. 91-676, eff. 12-23-99.) 25 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) 26 Sec. 5-5.4. Standards of Payment - Department of Public 27 Aid. The Department of Public Aid shall develop standards of 28 payment of skilled nursing and intermediate care services in 29 facilities providing such services under this Article which: 30 (1) Provides for the determination of a facility's 31 payment for skilled nursing and intermediate care services on 32 a prospective basis. The amount of the payment rate for all 33 nursing facilities certified under the medical assistance HB4588 Enrolled -35- LRB9112936REdv 1 program shall be prospectively established annually on the 2 basis of historical, financial, and statistical data 3 reflecting actual costs from prior years, which shall be 4 applied to the current rate year and updated for inflation, 5 except that the capital cost element for newly constructed 6 facilities shall be based upon projected budgets. The 7 annually established payment rate shall take effect on July 1 8 in 1984 and subsequent years. Rate increases shall be 9 provided annually thereafter on July 1 in 1984 and on each 10 subsequent July 1 in the following years, except that no rate 11 increase and no update for inflation shall be provided on or 12 after July 1, 1994 and before July 1, 20012000, unless 13 specifically provided for in this Section. 14 For facilities licensed by the Department of Public 15 Health under the Nursing Home Care Act as Intermediate Care 16 for the Developmentally Disabled facilities or Long Term Care 17 for Under Age 22 facilities, the rates taking effect on July 18 1, 1998 shall include an increase of 3%. For facilities 19 licensed by the Department of Public Health under the Nursing 20 Home Care Act as Skilled Nursing facilities or Intermediate 21 Care facilities, the rates taking effect on July 1, 1998 22 shall include an increase of 3% plus $1.10 per resident-day, 23 as defined by the Department. 24 For facilities licensed by the Department of Public 25 Health under the Nursing Home Care Act as Intermediate Care 26 for the Developmentally Disabled facilities or Long Term Care 27 for Under Age 22 facilities, the rates taking effect on July 28 1, 1999 shall include an increase of 1.6% plus $3.00 per 29 resident-day, as defined by the Department. For facilities 30 licensed by the Department of Public Health under the Nursing 31 Home Care Act as Skilled Nursing facilities or Intermediate 32 Care facilities, the rates taking effect on July 1, 1999 33 shall include an increase of 1.6% and, for services provided 34 on or after October 1, 1999, shall be increased by $4.00 per HB4588 Enrolled -36- LRB9112936REdv 1 resident-day, as defined by the Department. 2 For facilities licensed by the Department of Public 3 Health under the Nursing Home Care Act as Intermediate Care 4 for the Developmentally Disabled facilities or Long Term Care 5 for Under Age 22 facilities, the rates taking effect on July 6 1, 2000 shall include an increase of 2.5% per resident-day, 7 as defined by the Department. For facilities licensed by the 8 Department of Public Health under the Nursing Home Care Act 9 as Skilled Nursing facilities or Intermediate Care 10 facilities, the rates taking effect on July 1, 2000 shall 11 include an increase of 2.5% per resident-day, as defined by 12 the Department. 13 Rates established effective each July 1 shall govern 14 payment for services rendered throughout that fiscal year, 15 except that rates established on July 1, 1996 shall be 16 increased by 6.8% for services provided on or after January 17 1, 1997. Such rates will be based upon the rates calculated 18 for the year beginning July 1, 1990, and for subsequent years 19 thereafter shall be based on the facility cost reports for 20 the facility fiscal year ending at any point in time during 21 the previous calendar year, updated to the midpoint of the 22 rate year. The cost report shall be on file with the 23 Department no later than April 1 of the current rate year. 24 Should the cost report not be on file by April 1, the 25 Department shall base the rate on the latest cost report 26 filed by each skilled care facility and intermediate care 27 facility, updated to the midpoint of the current rate year. 28 In determining rates for services rendered on and after July 29 1, 1985, fixed time shall not be computed at less than zero. 30 The Department shall not make any alterations of regulations 31 which would reduce any component of the Medicaid rate to a 32 level below what that component would have been utilizing in 33 the rate effective on July 1, 1984. 34 (2) Shall take into account the actual costs incurred by HB4588 Enrolled -37- LRB9112936REdv 1 facilities in providing services for recipients of skilled 2 nursing and intermediate care services under the medical 3 assistance program. 4 (3) Shall take into account the medical and 5 psycho-social characteristics and needs of the patients. 6 (4) Shall take into account the actual costs incurred by 7 facilities in meeting licensing and certification standards 8 imposed and prescribed by the State of Illinois, any of its 9 political subdivisions or municipalities and by the U.S. 10United StatesDepartment of Health and Human Services,11Education and Welfarepursuant to Title XIX of the Social 12 Security Act. 13 The Department of Public Aid shall develop precise 14 standards for payments to reimburse nursing facilities for 15 any utilization of appropriate rehabilitative personnel for 16 the provision of rehabilitative services which is authorized 17 by federal regulations, including reimbursement for services 18 provided by qualified therapists or qualified assistants, and 19 which is in accordance with accepted professional practices. 20 Reimbursement also may be made for utilization of other 21 supportive personnel under appropriate supervision. 22 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24, 23 eff. 7-1-99.) 24 (305 ILCS 5/10-26) 25 Sec. 10-26. State Disbursement Unit. 26 (a) Effective October 1, 1999 the Illinois Department 27 shall establish a State Disbursement Unit in accordance with 28 the requirements of Title IV-D of the Social Security Act. 29 The Illinois Department shall enter into an agreement with a 30 State or local governmental unit or private entity to perform 31 the functions of the State Disbursement Unit as set forth in 32 this Section. The State Disbursement Unit shall collect and 33 disburse support payments made under court and administrative HB4588 Enrolled -38- LRB9112936REdv 1 support orders: 2 (1) being enforced in cases in which child and 3 spouse support services are being provided under this 4 Article X; and 5 (2) in all cases in which child and spouse support 6 services are not being provided under this Article X and 7 in which support payments are made under the provisions 8 of the Income Withholding for Support Act. 9 (a-5) If the State Disbursement Unit receives a support 10 payment that was not appropriately made to the Unit under 11 this Section, the Unit shall immediately return the payment 12 to the sender, including, if possible, instructions detailing 13 where to send the support payments. 14 (b) All payments received by the State Disbursement 15 Unit: 16 (1) shall be deposited into an account obtained by 17 the State or local governmental unit or private entity, 18 as the case may be, and 19 (2) distributed and disbursed by the State 20 Disbursement Unit, in accordance with the directions of 21 the Illinois Department, pursuant to Title IV-D of the 22 Social Security Act and rules promulgated by the 23 Department. 24 (c) All support payments assigned to the Illinois 25 Department under Article X of this Code and rules promulgated 26 by the Illinois Department that are disbursed to the Illinois 27 Department by the State Disbursement Unit shall be paid into 28 the Child Support Enforcement Trust Fund. 29 (d) If the agreement with the State or local 30 governmental unit or private entity provided for in this 31 Section is not in effect for any reason, the Department shall 32 perform the functions of the State Disbursement Unit as set 33 forth in this Section for a maximum of 12 months. Payments 34 received by the Department in performance of the duties of HB4588 Enrolled -39- LRB9112936REdv 1 the State Disbursement Unit shall be deposited into the State 2 Disbursement Unit Revolving Fund established under Section 3 12-8.1. 4 (e) By February 1, 2000, the Illinois Department shall 5 conduct at least 4 regional training and educational seminars 6 to educate the clerks of the circuit court on the general 7 operation of the State Disbursement Unit, the role of the 8 State Disbursement Unit, and the role of the clerks of the 9 circuit court in the collection and distribution of child 10 support payments. 11 (f) By March 1, 2000, the Illinois Department shall 12 conduct at least 4 regional educational and training seminars 13 to educate payors, as defined in the Income Withholding for 14 Support Act, on the general operation of the State 15 Disbursement Unit, the role of the State Disbursement Unit, 16 and the distribution of income withholding payments pursuant 17 to this Section and the Income Withholding for Support Act. 18 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.) 19 (305 ILCS 5/12-4.34) 20 (Section scheduled to be repealed on August 31, 2000) 21 Sec. 12-4.34. Services to noncitizens. 22 (a) Subject to specific appropriation for this purpose 23 and notwithstanding Sections 1-11 and 3-1 of this Code, the 24 Department of Human Services is authorized to provide 25 services to legal immigrants, including but not limited to 26 naturalization and nutrition services and financial 27 assistance. The nature of these services, payment levels, 28 and eligibility conditions shall be determined by rule. 29 (b) The Illinois Department is authorized to lower the 30 payment levels established under this subsection or take such 31 other actions during the fiscal year as are necessary to 32 ensure that payments under this subsection do not exceed the 33 amounts appropriated for this purpose. These changes may be HB4588 Enrolled -40- LRB9112936REdv 1 accomplished by emergency rule under Section 5-45 of the 2 Illinois Administrative Procedure Act, except that the 3 limitation on the number of emergency rules that may be 4 adopted in a 24-month period shall not apply. 5 (c) This Section is repealed on August 31, 20012000. 6 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98; 7 91-24, eff. 7-1-99.) 8 (305 ILCS 5/12-8.1 new) 9 Sec. 12-8.1. State Disbursement Unit Revolving Fund. 10 (a) There is created a revolving fund to be known as the 11 State Disbursement Unit Revolving Fund, to be held by the 12 State Treasurer as ex officio custodian, for the following 13 purposes: 14 (1) the deposit of all support payments received by 15 the Illinois Department's State Disbursement Unit; and 16 (2) the disbursement of such payments in accordance 17 with the provisions of Title IV-D of the Social Security 18 Act and rules promulgated by the Department. 19 (b) The provisions of this Section shall apply only if 20 the Department performs the functions of the State 21 Disbursement Unit under paragraph (d) of Section 10-26. 22 (c) Moneys in the State Disbursement Unit Revolving Fund 23 shall be expended upon the direction of the Director. 24 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2) 25 Sec. 12-10.2. The Child Support Enforcement Trust Fund. 26 (a) The Child Support Enforcement Trust Fund, to be held 27 by the State Treasurer as ex-officio custodian outside the 28 State Treasury, pursuant to the Child Support Enforcement 29 Program established by Title IV-D of the Social Security Act, 30 shall consist of: 31 (1) all support payments assigned to the Illinois 32 Department under Article X of this Code and rules HB4588 Enrolled -41- LRB9112936REdv 1 promulgated by the Illinois Department that are disbursed 2 to the Illinois Department by the State Disbursement Unit 3 established under Section 10-26,and4 (2) all support payments received by the Illinois 5 Department as a result of the Child Support Enforcement 6 Program established by Title IV-D of the Social Security 7 Act that are not required or directed to be paid to the 8 State Disbursement Unit established under Section 10-26, 9 (3) all federal grants received by the Illinois 10 Department funded by Title IV-D of the Social Security 11 Act, except those federal funds received under the Title 12 IV-D program as reimbursement for expenditures from the 13 General Revenue Fund,and14 (4)(3)incentive payments received by the Illinois 15 Department from other states or political subdivisions of 16 other states for the enforcement and collection by the 17 Department of an assigned child support obligation in 18 behalf of such other states or their political 19 subdivisions pursuant to the provisions of Title IV-D of 20 the Social Security Act,and21 (5)(4)incentive payments retained by the Illinois 22 Department from the amounts which otherwise would be paid 23 to the federal government to reimburse the federal 24 government's share of the support collection for the 25 Department's enforcement and collection of an assigned 26 support obligation on behalf of the State of Illinois 27 pursuant to the provisions of Title IV-D of the Social 28 Security Act,and29 (6)(5)all fees charged by the Department for 30 child support enforcement services, as authorized under 31 Title IV-D of the Social Security Act and Section 10-1 of 32 this Code, and any other fees, costs, fines, recoveries, 33 or penalties provided for by State or federal law and 34 received by the Department under the Child Support HB4588 Enrolled -42- LRB9112936REdv 1 Enforcement Program established by Title IV-D of the 2 Social Security Act, and 3 (7)(6)all amounts appropriated by the General 4 Assembly for deposit into the Fund,and5 (8)(7)any gifts, grants, donations, or awards 6 from individuals, private businesses, nonprofit 7 associations, and governmental entities. 8 (b) Disbursements from this Fund shall be only for the 9 following purposes: 10 (1) for the reimbursement of funds received by the 11 Illinois Department through error or mistake,and12 (2) for payments to non-recipients, current 13 recipients, and former recipients of financial aid of 14 support payments received on their behalf under Article X 15 of this Code that are not required to be disbursed by the 16 State Disbursement Unit established under Section 10.26, 17 (3) for any other payments required by law to be 18 paid by the Illinois Department to non-recipients, 19 current recipients, and former recipients(blank),and20 (4)(3)for payment of any administrative expenses, 21 including payment to the Health Insurance Reserve Fund 22 for group insurance costs at the rate certified by the 23 Department of Central Management Services, except those 24 required to be paid from the General Revenue Fund, 25 including personal and contractual services, incurred in 26 performing the Title IV-D activities authorized by 27 Article X of this Code,and28 (5)(4)for the reimbursement of the Public 29 Assistance Emergency Revolving Fund for expenditures made 30 from that Fund for payments to former recipients of 31 public aid for child support made to the Illinois 32 Department when the former public aid recipient is 33 legally entitled to all or part of the child support 34 payments, pursuant to the provisions of Title IV-D of the HB4588 Enrolled -43- LRB9112936REdv 1 Social Security Act,and2 (6)(5)for the payment of incentive amounts owed 3 to other states or political subdivisions of other states 4 that enforce and collect an assigned support obligation 5 on behalf of the State of Illinois pursuant to the 6 provisions of Title IV-D of the Social Security Act,and7 (7)(6)for the payment of incentive amounts owed 8 to political subdivisions of the State of Illinois that 9 enforce and collect an assigned support obligation on 10 behalf of the State pursuant to the provisions of Title 11 IV-D of the Social Security Act, and 12 (8)(7)for payments of any amounts which are 13 reimbursable to the Federal government which are required 14 to be paid by State warrant by either the State or 15 Federal government. 16 Disbursements from this Fund shall be by warrants drawn 17 by the State Comptroller on receipt of vouchers duly executed 18 and certified by the Illinois Department or any other State 19 agency that receives an appropriation from the Fund. 20 (Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98; 21 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; revised 10-7-99.) 22 (305 ILCS 5/12-10.4) 23 Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid 24 Matching Fund. There is created in the State Treasury the 25 Juvenile Rehabilitation Services Medicaid Matching Fund. 26 Deposits to this Fund shall consist of all moneys received 27 from the federal government for behavioral health services 28 secured by counties under the Medicaid Rehabilitation Option 29 pursuant to Title XIX of the Social Security Act or under the 30 Children's Health Insurance Program pursuant to the 31 Children's Health Insurance Program Act and Title XXI of the 32 Social Security Act for minors who are committed to mental 33 health facilities by the Illinois court system and for HB4588 Enrolled -44- LRB9112936REdv 1 residential placements secured by the Department of 2 Corrections for minors as a condition of their parole. 3 Disbursements from the Fund shall be made, subject to 4 appropriation, by the Illinois Department of Public Aid for 5 grants to the Department of Corrections and those counties 6 which secure behavioral health services ordered by the courts 7 and which have an interagency agreement with the Department 8 and submit detailed bills according to standards determined 9 by the Department. 10 (Source: P.A. 90-587, eff. 7-1-98; 91-266, eff. 7-23-99.) 11 Section 58. The Illinois Aeronautics Act is amended by 12 changing Section 34b as follows: 13 (620 ILCS 5/34b) 14 Sec. 34b. Airport Land Loan Program. 15 (a) The Department may make loans to public airport 16 owners for the purchase of any real estate interests as may 17 be needed for essential airport purposes, including future 18 needs, subject to the following conditions: 19 (1) loans may be made only to public airport owners 20 that are operating an airport as of January 1, 1999; and 21 (2) loans may not be made for airports that provide 22 scheduled commercial air service in counties of greater 23 than 5,000,000 population. 24 The loans are payable from the Airport Land Loan 25 Revolving Fund, subject to appropriation. All repayments of 26 loans made pursuant to this Section, including interest 27 thereon and penalties, shall be deposited in the Airport Land 28 Loan Revolving Fund. The Treasurer shall deposit all 29 investment earnings arising from balances in the Airport Land 30 Loan Revolving Fund in that Fund. 31 (b) All loans under this Section shall be made by 32 contract between the Department and the public airport owner, HB4588 Enrolled -45- LRB9112936REdv 1 which contract shall include the following provisions: 2 (1) The annual rate of interest shall be the lesser 3 of (A) 2 percent below the Prime Rate charged by banks, 4 as published by the Federal Reserve Board, in effect at 5 the time the Department approves the loan, or (B) a rate 6 determined by the Department, after consultation with the 7 Bureau of the Budget, that will not adversely affect the 8 tax-exempt status of interest on the bonds of the State 9 issued in whole or in part to make deposits into the 10 Airport Land Loan Revolving Fund, nor diminish the 11 benefit to the State of the tax-exempt status of the 12 interest on such bondsbut in no event shall less than 213percent be charged. 14 (2) The term of any loan shall not exceed five 15 years, but it may be for less by mutual agreement. 16 (3) Loan payments shall be scheduled in equal 17 amounts for the periods determined under paragraph (4) of 18 this Section. The loan payments shall be calculated so 19 that the loan is completely repaid, with interest, on 20 outstanding balances, by the end of the term determined 21 under paragraph (2) of this Section. There shall be no 22 penalty for early payment ahead of the payment schedule. 23 (4) The period of loan payments shall be annual, 24 unless by mutual agreement a period of less than one year 25 is chosen. 26 (5) The loan shall be secured with the land 27 purchased, in whole or in part, with the loan and 28 considered as collateral. The public airport owner shall 29 assign a first priority interest in the property to the 30 State. 31 (6) If the loan payment is not made within 15 days 32 after the scheduled date determined under paragraph (3) 33 of this Section, a penalty of 10% of the payment shall be 34 assessed. If 30 days after the scheduled payment date no HB4588 Enrolled -46- LRB9112936REdv 1 payment has been received, the loan shall be considered 2 in default. 3 (7) As soon as a loan is considered in default, the 4 Department shall notify the public airport owner and 5 attempt to enter into a renegotiation of the loan payment 6 amounts and schedule determined under paragraph (3) of 7 this Section. In no case shall the term of the loan be 8 extended beyond the initial term determined under 9 paragraph (2) of this Section; nor shall the interest 10 rate be lowered nor any interest be forgiven. If a 11 renegotiation of loan payment amounts and schedule is 12 obtained to the Department's satisfaction within 30 days 13 of notification of default, then the new payment schedule 14 shall replace the one determined by paragraph (3) of this 15 Section and shall be used to measure compliance with the 16 loan for purposes of default. If after 30 days of 17 notification of default the Department has not obtained a 18 renegotiation to its satisfaction, the Department shall 19 declare the loan balance due and payable immediately. If 20 the public airport owner cannot immediately pay the 21 balance of the loan, the Department shall proceed to 22 foreclose. 23 (c) The Department may promulgate any rules that it 24 finds appropriate to implement this Airport Land Loan 25 Program. 26 (d) The Airport Land Loan Revolving Fund is created in 27 the State Treasury. 28 (Source: P.A. 91-543, eff. 8-14-99.) 29 Section 60. The Unemployment Insurance Act is amended by 30 changing Section 1300 as follows: 31 (820 ILCS 405/1300) (from Ch. 48, par. 540) 32 Sec. 1300. Waiver or transfer of benefit rights - HB4588 Enrolled -47- LRB9112936REdv 1 Partial exemption. 2 (A) Except as otherwise provided herein any agreement by 3 an individual to waive, release or commute his rights under 4 this Act shall be void. 5 (B) Benefits due under this Act shall not be assigned, 6 pledged, encumbered, released or commuted and shall be exempt 7 from all claims of creditors and from levy, execution and 8 attachment or other remedy for recovery or collection of a 9 debt. However, nothing in this Section shall prohibit a 10 specified or agreed upon deduction from benefits by an 11 individual, or a court or administrative order for 12 withholding of income, for payment of past due child support 13 from being enforced and collected by the Department of Public 14 Aid on behalf of persons receiving a grant of financial aid 15 under Article IV of the Illinois Public Aid Code, persons for 16 whom an application has been made and approved for support 17 services under Section 10-1 of such Code, or persons 18 similarly situated and receiving like support services in 19 other states. It is provided that: 20 (1) The aforementioned deduction of benefits and 21 order for withholding of income apply only if appropriate 22 arrangements have been made for reimbursement to the 23 Director by the Department of Public Aid for any 24 administrative costs incurred by the Director under this 25 Section. 26 (2) The Director shall deduct and withhold from 27 benefits payable under this Act, or under any arrangement 28 for the payment of benefits entered into by the Director 29 pursuant to the powers granted under Section 2700 of this 30 Act, the amount specified or agreed upon. In the case of 31 a court or administrative order for withholding of 32 income, the Director shall withhold the amount of the 33 order. 34 (3) Any amount deducted and withheld by the HB4588 Enrolled -48- LRB9112936REdv 1 Director shall be paid to the Department of Public Aid or 2 the State Disbursement Unit established under Section 3 10-26 of the Illinois Public Aid Code, as directed by the 4 Department of Public Aid, on behalf of the individual. 5 (4) Any amount deducted and withheld under 6 subsection (3) shall for all purposes be treated as if it 7 were paid to the individual as benefits and paid by such 8 individual to the Department of Public Aid or the State 9 Disbursement Unit in satisfaction of the individual's 10 child support obligations. 11 (5) For the purpose of this Section, child support 12 is defined as those obligations which are being enforced 13 pursuant to a plan described in Title IV, Part D, Section 14 454 of the Social Security Act and approved by the 15 Secretary of Health and Human Services. 16 (6) The deduction of benefits and order for 17 withholding of income for child support shall be governed 18 by Titles III and IV of the Social Security Act and all 19 regulations duly promulgated thereunder. 20 (C) Nothing in this Section prohibits an individual from 21 voluntarily electing to have federal income tax deducted and 22 withheld from his or her unemployment insurance benefit 23 payments. 24 (1) The Director shall, at the time that an 25 individual files his or her claim for benefits that 26 establishes his or her benefit year, inform the 27 individual that: 28 (a) unemployment insurance is subject to 29 federal, State, and local income taxes; 30 (b) requirements exist pertaining to estimated 31 tax payments; 32 (c) the individual may elect to have federal 33 income tax deducted and withheld from his or her 34 payments of unemployment insurance in the amount HB4588 Enrolled -49- LRB9112936REdv 1 specified in the federal Internal Revenue Code; and 2 (d) the individual is permitted to change a 3 previously elected withholding status. 4 (2) Amounts deducted and withheld from unemployment 5 insurance shall remain in the unemployment fund until 6 transferred to the federal taxing authority as a payment 7 of income tax. 8 (3) The Director shall follow all procedures 9 specified by the United States Department of Labor and 10 the federal Internal Revenue Service pertaining to the 11 deducting and withholding of income tax. 12 (4) Amounts shall be deducted and withheld in 13 accordance with the priorities established in rules 14 promulgated by the Director. 15 (D) Nothing in this Section prohibits an individual from 16 voluntarily electing to have State of Illinois income tax 17 deducted and withheld from his or her unemployment insurance 18 benefit payments if such deduction and withholding is 19 provided for pursuant to rules promulgated by the Director. 20 (1) If pursuant to rules promulgated by the 21 Director, an individual may voluntarily elect to have 22 State of Illinois income tax deducted and withheld from 23 his or her unemployment insurance benefit payments, the 24 Director shall, at the time that an individual files his 25 or her claim for benefits that establishes his or her 26 benefit year, in addition to providing the notice 27 required under subsection C, inform the individual that: 28 (a) the individual may elect to have State of 29 Illinois income tax deducted and withheld from his 30 or her payments of unemployment insurance in the 31 amount specified pursuant to rules promulgated by 32 the Director; and 33 (b) the individual is permitted to change a 34 previously elected withholding status. HB4588 Enrolled -50- LRB9112936REdv 1 (2) Amounts deducted and withheld from unemployment 2 insurance shall remain in the unemployment fund until 3 transferred to the Department of Revenue as a payment of 4 State of Illinois income tax. 5 (3) Amounts shall be deducted and withheld in 6 accordance with the priorities established in rules 7 promulgated by the Director. 8 (E) Nothing in this Section prohibits the deduction and 9 withholding of an uncollected overissuance of food stamp 10 coupons from unemployment insurance benefits pursuant to this 11 subsection (E). 12 (1) At the time that an individual files a claim 13 for benefits that establishes his or her benefit year, 14 that individual must disclose whether or not he or she 15 owes an uncollected overissuance (as defined in Section 16 13(c)(1) of the federal Food Stamp Act of 1977) of food 17 stamp coupons. The Director shall notify the State food 18 stamp agency enforcing such obligation of any individual 19 who discloses that he or she owes an uncollected 20 overissuance of food stamp coupons and who meets the 21 monetary eligibility requirements of subsection E of 22 Section 500. 23 (2) The Director shall deduct and withhold from any 24 unemployment insurance benefits payable to an individual 25 who owes an uncollected overissuance of food stamp 26 coupons: 27 (a) the amount specified by the individual to 28 the Director to be deducted and withheld under this 29 subsection (E); 30 (b) the amount (if any) determined pursuant to 31 an agreement submitted to the State food stamp 32 agency under Section 13(c)(3)(A) of the federal Food 33 Stamp Act of 1977; or 34 (c) any amount otherwise required to be HB4588 Enrolled -51- LRB9112936REdv 1 deducted and withheld from unemployment insurance 2 benefits pursuant to Section 13(c)(3)(B) of the 3 federal Food Stamp Act of 1977. 4 (3) Any amount deducted and withheld pursuant to 5 this subsection (E) shall be paid by the Director to the 6 State food stamp agency. 7 (4) Any amount deducted and withheld pursuant to 8 this subsection (E) shall for all purposes be treated as 9 if it were paid to the individual as unemployment 10 insurance benefits and paid by the individual to the 11 State food stamp agency as repayment of the individual's 12 uncollected overissuance of food stamp coupons. 13 (5) For purposes of this subsection (E), 14 "unemployment insurance benefits" means any compensation 15 payable under this Act including amounts payable by the 16 Director pursuant to an agreement under any federal law 17 providing for compensation, assistance, or allowances 18 with respect to unemployment. 19 (6) This subsection (E) applies only if 20 arrangements have been made for reimbursement by the 21 State food stamp agency for the administrative costs 22 incurred by the Director under this subsection (E) which 23 are attributable to the repayment of uncollected 24 overissuances of food stamp coupons to the State food 25 stamp agency. 26 (Source: P.A. 90-425, eff. 8-15-97; 90-554, eff. 12-12-97; 27 91-212, eff. 7-20-99.) 28 Section 99. Effective date. This Act takes effect July 29 1, 2000.