State of Illinois
91st General Assembly

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 1        AN ACT in relation to early intervention services.

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

 4        Section 5.  The Liquor Control Act of 1934 is amended  by
 5    changing Section 8-1 as follows:

 6        (235 ILCS 5/8-1) (from Ch. 43, par. 158)
 7        Sec.  8-1.  A  tax  is  imposed  upon  the  privilege  of
 8    engaging  in  business  as  a manufacturer or as an importing
 9    distributor of alcoholic liquor other than beer at  the  rate
10    of  $0.185 per gallon for cider containing not less than 0.5%
11    alcohol by volume nor more than 7% alcohol by  volume,  $0.73
12    per  gallon for wine other than cider containing less than 7%
13    alcohol by volume,  and  $4.50  per  gallon  on  alcohol  and
14    spirits  manufactured  and sold or used by such manufacturer,
15    or as agent for any other person, or sold  or  used  by  such
16    importing  distributor,  or as agent for any other person.  A
17    tax is imposed upon the privilege of engaging in business  as
18    a manufacturer of beer or as an importing distributor of beer
19    at the rate of $0.185 per gallon on all beer manufactured and
20    sold  or used by such manufacturer, or as agent for any other
21    person, or sold or used by such importing distributor, or  as
22    agent  for  any  other  person.  Thirty  percent of the money
23    received under this Section  by  the  Department  of  Revenue
24    shall be deposited into the Early Intervention Revolving Fund
25    and shall be used as prescribed under Section 20 of the Early
26    Intervention  Services  System  Act. Any brewer manufacturing
27    beer in this State shall be entitled to and given a credit or
28    refund of 75% of the tax imposed on each gallon of beer up to
29    4.9 million gallons per year in any given calendar  year  for
30    tax paid or payable on beer produced and sold in the State of
31    Illinois.
                            -2-               LRB9115074DJgcA
 1        For  the  purpose  of  this  Section,  "cider"  means any
 2    alcoholic beverage obtained by the  alcohol  fermentation  of
 3    the  juice  of apples or pears including, but not limited to,
 4    flavored, sparkling, or carbonated cider.
 5        The credit or refund created by this Act shall  apply  to
 6    all beer taxes in the calendar years 1982 through 1986.
 7        The  increases  made  by  this amendatory Act of the 91st
 8    General Assembly in the rates of  taxes  imposed  under  this
 9    Section shall apply beginning on July 1, 1999.
10        A  tax  at  the rate of 1¢ per gallon on beer and 48¢ per
11    gallon on alcohol  and  spirits  is  also  imposed  upon  the
12    privilege  of  engaging  in  business  as  a retailer or as a
13    distributor who is not also  an  importing  distributor  with
14    respect  to  all  beer  and  all alcohol and spirits owned or
15    possessed  by  such  retailer  or   distributor   when   this
16    amendatory Act of 1969 becomes effective, and with respect to
17    which  the additional tax imposed by this amendatory Act upon
18    manufacturers and  importing  distributors  does  not  apply.
19    Retailers  and distributors who are subject to the additional
20    tax imposed by  this  paragraph  of  this  Section  shall  be
21    required  to  inventory such alcoholic liquor and to pay this
22    additional tax in a manner prescribed by the Department.
23        The provisions of this  Section  shall  be  construed  to
24    apply  to  any  importing distributor engaging in business in
25    this State, whether licensed or not.
26        However, such tax is not imposed upon any  such  business
27    as  to  any  alcoholic  liquor shipped outside Illinois by an
28    Illinois licensed manufacturer or importing distributor,  nor
29    as  to  any  alcoholic  liquor  delivered  in  Illinois by an
30    Illinois licensed manufacturer or importing distributor to  a
31    purchaser  for  immediate  transportation by the purchaser to
32    another state into which the purchaser  has  a  legal  right,
33    under  the  laws  of  such  state,  to  import such alcoholic
34    liquor, nor as to any alcoholic liquor other than  beer  sold
                            -3-               LRB9115074DJgcA
 1    by   one   Illinois   licensed   manufacturer   or  importing
 2    distributor to  another  Illinois  licensed  manufacturer  or
 3    importing  distributor  to  the  extent  to which the sale of
 4    alcoholic liquor other than beer  by  one  Illinois  licensed
 5    manufacturer  or  importing  distributor  to another Illinois
 6    licensed manufacturer or importing distributor is  authorized
 7    by  the  licensing  provisions  of this Act, nor to alcoholic
 8    liquor whether manufactured in or imported  into  this  State
 9    when  sold to a "non-beverage user" licensed by the State for
10    use in the manufacture of any of the following when they  are
11    unfit for beverage purposes:
12        Patent   and   proprietary   medicines   and   medicinal,
13    antiseptic, culinary and toilet preparations;
14        Flavoring extracts and syrups and food products;
15        Scientific,  industrial  and chemical products, excepting
16    denatured alcohol;
17        Or for scientific, chemical, experimental  or  mechanical
18    purposes;
19        Nor  is the tax imposed upon the privilege of engaging in
20    any business  in  interstate  commerce  or  otherwise,  which
21    business  may not, under the Constitution and Statutes of the
22    United States, be made the subject of taxation by this State.
23        The tax herein imposed shall be in addition to all  other
24    occupation  or  privilege  taxes  imposed  by  the  State  of
25    Illinois or political subdivision thereof.
26        If  any alcoholic liquor manufactured in or imported into
27    this State is sold to a licensed  manufacturer  or  importing
28    distributor   by   a   licensed   manufacturer  or  importing
29    distributor to  be  used  solely  as  an  ingredient  in  the
30    manufacture  of  any  beverage for human consumption, the tax
31    imposed  upon  such  purchasing  manufacturer  or   importing
32    distributor shall be reduced by the amount of the taxes which
33    have  been  paid  by  the  selling  manufacturer or importing
34    distributor under this Act as to  such  alcoholic  liquor  so
                            -4-               LRB9115074DJgcA
 1    used to the Department of Revenue.
 2        If  any  person  received  any  alcoholic  liquors from a
 3    manufacturer or importing distributor, with respect to  which
 4    alcoholic  liquors  no tax is imposed under this Article, and
 5    such alcoholic liquor shall thereafter be disposed of in such
 6    manner or under such circumstances as may cause the  same  to
 7    become  the  base  for  the tax imposed by this Article, such
 8    person shall make the same reports and returns, pay the  same
 9    taxes  and be subject to all other provisions of this Article
10    relating to manufacturers and importing distributors.
11        Nothing in this Article shall be construed to require the
12    payment to the  Department  of  the  taxes  imposed  by  this
13    Article  more  than  once  with  respect  to  any quantity of
14    alcoholic liquor sold or used within this State.
15        No tax is imposed by  this  Act  on  sales  of  alcoholic
16    liquor  by  Illinois  licensed  foreign importers to Illinois
17    licensed importing distributors.
18    (Source: P.A. 90-625, eff. 7-10-98; 91-38, eff. 6-15-99.)

19        Section 10.  The Early Intervention Services  System  Act
20    is amended by changing Sections 3 and 20 as follows:

21        (325 ILCS 20/3) (from Ch. 23, par. 4153)
22        Sec. 3.  Definitions.  As used in this Act:
23        (a)  "Eligible  infants  and  toddlers" means infants and
24    toddlers under 36 months of age with  any  of  the  following
25    conditions:
26             (1)  Developmental   delays   as   defined   by  the
27        Department by rule.
28             (2)  A physical or mental condition which  typically
29        results in developmental delay.
30             (3)  Being    at    risk   of   having   substantial
31        developmental delays based on informed clinical judgment.
32        (b)  "Developmental delay" means a delay of 30%  or  more
                            -5-               LRB9115074DJgcA
 1    in  function  below  the mean in one or more of the following
 2    areas of childhood development  as  measured  by  appropriate
 3    diagnostic  instruments  and  standard procedures: cognitive;
 4    physical, including vision and hearing; language, speech  and
 5    communication; psycho-social; or self-help skills.
 6        (c)  "Physical   or   mental  condition  which  typically
 7    results in developmental delay" means:
 8             (1)  a  diagnosed   medical   disorder   bearing   a
 9        relatively   well   known  expectancy  for  developmental
10        outcomes   within   varying   ranges   of   developmental
11        disabilities; or
12             (2)  a history of prenatal, perinatal,  neonatal  or
13        early   developmental  events  suggestive  of  biological
14        insults to the  developing  central  nervous  system  and
15        which   either   singly   or  collectively  increase  the
16        probability of developing a disability or delay based  on
17        a medical history.
18        (d)  "Informed  clinical  judgment"  means  both clinical
19    observations  and   parental   participation   to   determine
20    eligibility  by  a consensus of a multidisciplinary team of 2
21    or more members based on their  professional  experience  and
22    expertise.
23        (e)  "Early intervention services" means services which:
24             (1)  are designed to meet the developmental needs of
25        each  child  eligible under this Act and the needs of his
26        or her family;
27             (2)  are selected in collaboration with the  child's
28        family;
29             (3)  are provided under public supervision;
30             (4)  are provided at no cost except where a schedule
31        of  sliding  scale  fees  or  other system of payments by
32        families has been adopted in accordance  with  State  and
33        federal law;
34             (5)  are  designed  to meet an infant's or toddler's
                            -6-               LRB9115074DJgcA
 1        developmental needs in any of the following areas:
 2                  (A)  physical development, including vision and
 3             hearing,
 4                  (B)  cognitive development,
 5                  (C)  communication development,
 6                  (D)  social or emotional development, or
 7                  (E)  adaptive development;
 8             (6)  meet the standards of the State, including  the
 9        requirements of this Act;
10             (7)  include one or more of the following:
11                  (A)  family training,
12                  (B)  social     work     services,    including
13             counseling, and home visits,
14                  (C)  special instruction,
15                  (D)  speech, language pathology and audiology,
16                  (E)  occupational therapy,
17                  (F)  physical therapy,
18                  (G)  psychological services,
19                  (H)  service coordination services,
20                  (I)  medical services only  for  diagnostic  or
21             evaluation purposes,
22                  (J)  early   identification,   screening,   and
23             assessment services,
24                  (K)  health  services  specified  by  the  lead
25             agency  as necessary to enable the infant or toddler
26             to  benefit  from  the  other   early   intervention
27             services,
28                  (L)  vision services,
29                  (M)  transportation, and
30                  (N)  assistive technology devices and services;
31             (8)  are  provided by qualified personnel, including
32        but not limited to:
33                  (A)  child development specialists  or  special
34             educators,
                            -7-               LRB9115074DJgcA
 1                  (B)  speech   and   language  pathologists  and
 2             audiologists,
 3                  (C)  occupational therapists,
 4                  (D)  physical therapists,
 5                  (E)  social workers,
 6                  (F)  nurses,
 7                  (G)  nutritionists,
 8                  (H)  optometrists,
 9                  (I)  psychologists, and
10                  (J)  physicians;
11             (9)  are   provided   in    conformity    with    an
12        Individualized Family Service Plan;
13             (10)  are provided throughout the year; and
14             (11)  are    provided   in   natural   environments,
15        including  the  home  and  community  settings  in  which
16        infants   and   toddlers   without   disabilities   would
17        participate   to   the   extent   determined    by    the
18        multidisciplinary Individualized Family Service Plan.
19        (f)  "Individualized Family Service Plan" or "Plan" means
20    a written plan for providing early intervention services to a
21    child  eligible under this Act and the child's family, as set
22    forth in Section 11.
23        (g)  "Local interagency  agreement"  means  an  agreement
24    entered  into  by  local  community  and  State  and regional
25    agencies receiving early intervention funds directly from the
26    State  and  made  in  accordance   with   State   interagency
27    agreements  providing  for the delivery of early intervention
28    services within a local community area.
29        (h)  "Council" means the Illinois Interagency Council  on
30    Early Intervention established under Section 4.
31        (i)  "Lead agency" means the State agency responsible for
32    administering  this  Act  and receiving and disbursing public
33    funds received in accordance with State and federal  law  and
34    rules.
                            -8-               LRB9115074DJgcA
 1        (j)  "Child   find"  means  a  service  which  identifies
 2    eligible infants and toddlers.
 3    (Source: P.A. 90-158, eff. 1-1-98; 91-538, eff. 8-13-99.)

 4        (325 ILCS 20/20)
 5        Sec. 20.  Early  Intervention  Services  Revolving  Fund.
 6    There  is  created  a revolving fund to be known as the Early
 7    Intervention Services Revolving Fund, to be held by the  lead
 8    agency.
 9        The  Early  Intervention Services Revolving Fund shall be
10    used to the extent determined necessary by the lead agency to
11    pay for early intervention services.
12        Local Accounts for such purposes may  be  established  by
13    the lead agency.
14        Expenditures   from   the   Early  Intervention  Services
15    Revolving Fund shall be made in  accordance  with  applicable
16    program provisions and shall be limited to those purposes and
17    amounts   specified   under  applicable  program  guidelines.
18    Funding of the Fund shall  be  from  family  fees,  insurance
19    company payments, federal financial participation received as
20    reimbursement  for  expenditures  from  the  Fund, 30% of the
21    payments made under Section 8-1 of the Liquor Control Act  of
22    1934, as provided in that Section, and appropriations made to
23    the   State  agencies  involved  in  the  payment  for  early
24    intervention services under this Act.
25        Disbursements  from  the  Early   Intervention   Services
26    Revolving Fund shall be made as determined by the lead agency
27    or  its  designee,  except that of the payments into the fund
28    pursuant to Section 8-1 of the Liquor Control  Act  of  1934,
29    disbursements  of  that  money shall be made from the fund as
30    follows:
31             (1)  No less than 5% and no more  than  10%  of  the
32        money shall be used for contracts with providers of early
33        intervention services that are operating in hard-to-serve
                            -9-               LRB9115074DJgcA
 1        or  low income communities or counties, as defined by the
 2        Department, or in jurisdictions within the State in which
 3        the  early  intervention  enrollment   penetration   rate
 4        achieved  in  the previous fiscal year is less than 1.7%.
 5        Contracts under this paragraph shall be let for specified
 6        activities designed to  secure,  maintain,  and  increase
 7        family  participation and achievement of the goals in the
 8        individualized family service plan.
 9             (2) No less than 5% and no  more  than  10%  of  the
10        money  shall  be  used  to increase the direct contracted
11        support for Child and Family Connections offices over the
12        amount contracted by the lead agency for all such offices
13        for fiscal year 2001.
14             (3) The remainder of the  money  shall  be  expended
15        each  year on direct early intervention services, with no
16        less than 75% of this remaining sum  to  be  expended  in
17        fiscal  year 2002 to increase the rates paid to providers
18        for early intervention services above that paid for  each
19        of  these  services  on  June  30,  2000, and 100% of the
20        remainder after subtracting the  amounts  expended  under
21        items  (1)  and  (2)  of this paragraph to be expended in
22        each fiscal year thereafter to maintain those  rates  and
23        otherwise  pay  for  direct  early intervention services.
24        None of  the  money  paid  into  the  Early  Intervention
25        Revolving  Fund  from the payments made under Section 8-1
26        of the Liquor Control  Act  of  1934  shall  be  used  to
27        supplement  or  supplant  State, federal or private funds
28        previously expended for early intervention  services.  To
29        meet this requirement, the total amount of funds expended
30        in   fiscal  year  2001  for  direct  early  intervention
31        services for children from  State,  federal,  or  private
32        sources  must  be,  in  each  fiscal  year beginning with
33        fiscal year 2002, no less  than  the  sum  expended  from
34        those sources without regard to the additional funds made
                            -10-              LRB9115074DJgcA
 1        available under the Liquor Control Act of 1934.
 2        Funds  in  the Early Intervention Services Revolving Fund
 3    or the local accounts created under this Section that are not
 4    immediately required  for  expenditure  may  be  invested  in
 5    certificates  of  deposit or other interest bearing accounts.
 6    Any  interest  earned  shall  be  deposited  in   the   Early
 7    Intervention Services Revolving Fund.
 8    (Source: P.A. 89-106, eff. 7-7-95; 89-499, eff. 6-28-96.)

 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.

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