Public Act 094-0073
 		





HB0788 Enrolled
LRB094 07124 RSP 37276 b






    AN ACT concerning State government.

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


 
    Section 1. Short title. This Act may be cited as the 
Epilepsy Disease Assistance Act.
 
    Section 5. Policy declaration. The General Assembly
 finds 
that epilepsy is a devastating  health  condition  that
 afflicts  
2,300,000  United States citizens,  over 125,000 of
 whom reside 
in Illinois.  The  General  Assembly  also  finds
that  epilepsy  
afflicts  its  victims  at  all  ages, but is
particularly 
devastating to children and the elderly.  It  is
the  opinion  of 
the General Assembly that epilepsy can cause
serious financial, 
social, and  emotional  hardships  on  the
victims  and  their 
families of such a major consequence that
    it is essential  for  
the  State  to  develop  and  implement
policies,  plans,  and 
programs to alleviate these
hardships.
    It  is  the  intent  of  the  General  Assembly   through

implementation  of  this  Act  to establish a program for the

conduct of epilepsy education, awareness, and treatment 
initiatives designed to address the service gaps and treatment 
needs of the people impacted by epilepsy.  Additionally, it is 
the intent of the
General  Assembly,  through  a comprehensive, 
statewide system of community-based services (Epilepsy 
Treatment and Education Program), to   provide for the
    
identification,   evaluation,   diagnosis,   referral,    and
    treatment 
of victims of this disease.

 
    Section 10. Duties of the Department. 
    Subject to the availability of funds for these purposes, 
the Department of Public Health shall:
        (1) Assist in the development of programs for the care 
    and treatment of persons suffering from epilepsy.
        (2) Institute and carry on a statewide  educational 
    initiative among health care professionals, teachers, 
    school administers, public health departments, and 
    families, including the dissemination of information and 
    the conducting of educational programs to assist in the 
    early recognition and referral of persons for appropriate 
    followup and treatment.
        (3) Develop standards for determining eligibility for 
    care and treatment under this program. Among other 
    standards so developed under this paragraph, candidates, 
    to be eligible, must be referred and evaluated by a program 
    properly staffed and affiliated with a national epilepsy 
    program.
        (4) Extend assistance to the  programs listed in item 
    (2) in order to facilitate linkages for persons with 
    epilepsy through the following:
            (i) referral and evaluation for appropriate care 
        management and treatment; and
            (ii) diagnosis and treatment by epileptologists 
        and the Epilepsy Foundation.
 
    Section 15. Epilepsy Advisory Committee.   The Epilepsy 
Advisory Committee is created as a committee within the 
Department of Public Health. The Epilepsy Advisory Committee  
shall consist of  the Director of Public Health,  or his or her 
designee, who
shall serve as
a non-voting member and who shall 
be the co-chair of the Committee, and 13
voting
members 
appointed by the Governor.

    The voting members shall include persons who are 
experienced in the delivery of diagnoses, treatment, and 
support services to victims of epilepsy and their families.  The 
voting
members shall
include 3 board-certified neurologists 
licensed to practice medicine in all of its branches, at least 
one of whom shall be a Director of a comprehensive epilepsy 
center; one representative of an educational institution
that

is affiliated with a medical center in the State; one

representative of a
licensed hospital; one nurse; one social 
worker; one representative of an
organization
established 
under the Illinois Insurance Code for the purpose of providing

health
insurance; one representative of each Illinois Epilepsy 
Foundation affiliate; and 2 people with epilepsy or members of 
their families.


    Each voting member shall serve for a term of
2 years and 
until his or her successor is appointed and qualified.  Members 
of
the
Committee shall not be compensated, but shall be 
reimbursed for expenses
actually
incurred in the performance of 
their duties from funds appropriated for that purpose.  No more 
than 9 voting members may be of
the same
political party.

Vacancies shall be filled in the same manner as original 
appointments.
    The Epilepsy Advisory Committee shall advise the 
Department of Public Health on their duties under this Act.

 
    Section 20. Regional programs. The Epilepsy Committee 
shall recommend the establishment of regional epilepsy 
treatment and education programs designed to provide community 
services to people with  epilepsy and their families.
 
    Section 25. Epilepsy Treatment and Education Grants-in-Aid 
Fund.  The Epilepsy Treatment and Education Grants-in-Aid Fund 
is created as a special fund in the State treasury. Using 
appropriations from the Fund, the Department of Public Health 
shall provide grants-in-aid (i) to fund necessary educational 
activities and (ii) for the development and maintenance of 
services for victims of epilepsy and their families, as managed 
through an epilepsy program properly staffed and affiliated 
with a national epilepsy program. The Department shall adopt 
rules governing the distribution and specific purpose of these 
grants.
 
    Section 30. The State Finance Act is amended  by adding 
Section 5.640 as follows:
 
    (30 ILCS 105/5.640  new)
    Sec. 5.640. The Epilepsy Treatment and Education 
Grants-in-Aid Fund.
 
    Section 35. The Illinois Income Tax Act is amended  by 
changing Sections 509 and 510 and  by adding Section 507EE as 
follows:
 
    (35 ILCS 5/507EE  new)
    Sec. 507EE. Epilepsy Treatment and Education Grants-in-Aid 
Fund checkoff. The Department
must print on its standard 
individual income tax form a provision indicating
that if the 
taxpayer wishes to contribute to the Epilepsy Treatment and 
Education
Grants-in-Aid  Fund, as authorized by this amendatory 
Act of the 94th General
Assembly, he or she may do
so by 
stating the amount of the contribution (not less than $1) on 
the return
and that the contribution will reduce the taxpayer's 
refund or increase the
amount of payment to accompany the 
return. Failure to remit any amount of
increased payment 
reduces the contribution accordingly.  This Section
does not 
apply to any amended return.
 



    (35 ILCS 5/509)  (from Ch. 120, par. 5-509)



    Sec. 509. Tax checkoff explanations. All individual income 
tax return forms
shall contain appropriate explanations and 
spaces to enable the taxpayers to
designate contributions to 
the following funds:
the Child Abuse Prevention Fund,
the 
Illinois Wildlife Preservation Fund (as required by the 
Illinois
Non-Game Wildlife Protection Act),
the Alzheimer's 
Disease Research Fund (as required by the Alzheimer's
Disease 
Research Act),
the Assistance to the Homeless Fund (as required 
by this Act),
the Penny Severns Breast and Cervical Cancer 
Research Fund,
the National World War II Memorial Fund,
the 
Prostate Cancer Research Fund,
the Lou Gehrig's Disease (ALS) 
Research Fund,
the Multiple Sclerosis Assistance Fund,
the 
Leukemia Treatment and Education Fund,
the World War II 
Illinois Veterans Memorial Fund,
the Korean War Veterans 
National Museum and Library Fund,
 the Illinois Military Family 
Relief Fund,
the Illinois Veterans' Homes Fund, the Epilepsy 
Treatment and Education Grants-in-Aid Fund, and the Asthma and 
Lung Research Fund.

    Each form shall contain a statement that the contributions 
will reduce the
taxpayer's refund or increase the amount of 
payment to accompany the return.
Failure to remit any amount of 
increased payment shall reduce the contribution
accordingly.

    If, on October 1 of any year, the total contributions to 
any one of the
funds made under this Section do not equal 
$100,000 or more, the explanations
and spaces for designating 
contributions to the fund shall be removed from the
individual 
income tax return forms for the following and all subsequent 
years
and all subsequent contributions to the fund shall be 
refunded to the taxpayer.

(Source: P.A. 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; 92-651, 
eff. 7-11-02; 92-772, eff. 8-6-02; 92-886, eff. 2-7-03; 93-36, 
eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff. 7-22-03; 
93-324, eff. 7-23-03; 93-776, eff. 7-21-04.)

 



    (35 ILCS 5/510)  (from Ch. 120, par. 5-510)



    Sec. 510. Determination of amounts contributed. The 
Department shall
determine the total amount contributed to each 
of the following:
the Child Abuse Prevention Fund,
the Illinois 
Wildlife Preservation Fund,
the Assistance to the Homeless 
Fund,
the Alzheimer's Disease Research Fund,
the Penny Severns 
Breast and Cervical Cancer Research Fund,
the National World 
War II Memorial Fund,
the Prostate Cancer Research Fund,
the 
Illinois Military Family Relief Fund,
the Lou Gehrig's Disease 
(ALS) Research Fund,
the Multiple Sclerosis Assistance Fund,

the Leukemia Treatment and Education Fund,
the World War II 
Illinois Veterans Memorial Fund,
the Korean War Veterans 
National Museum and Library Fund, the Illinois Veterans' Homes 
Fund, the Epilepsy Treatment and Education Grants-in-Aid Fund,

and
the Asthma and Lung Research Fund;
and shall notify the 
State Comptroller and the State Treasurer of the amounts
to be 
transferred from the General Revenue Fund to each fund, and 
upon receipt
of such notification the State Treasurer and 
Comptroller shall transfer the
amounts.

(Source: P.A. 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; 92-651, 
eff. 7-11-02; 92-772, eff. 8-6-02; 92-886, eff. 2-7-03; 93-36, 
eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff. 7-22-03; 
93-324, eff. 7-23-03; 93-776, eff. 7-21-04.)

 

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