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91_HB4588sam001
LRB9112936EGfgam01
1 AMENDMENT TO HOUSE BILL 4588
2 AMENDMENT NO. . Amend House Bill 4588 by replacing
3 everything after the enacting clause with the following:
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
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1 agency may be adopted under this Section. Subject to
2 applicable constitutional or statutory provisions, an
3 emergency rule becomes effective immediately upon filing
4 under Section 5-65 or at a stated date less than 10 days
5 thereafter. The agency's finding and a statement of the
6 specific reasons for the finding shall be filed with the
7 rule. The agency shall take reasonable and appropriate
8 measures to make emergency rules known to the persons who may
9 be affected by them.
10 (c) An emergency rule may be effective for a period of
11 not longer than 150 days, but the agency's authority to adopt
12 an identical rule under Section 5-40 is not precluded. No
13 emergency rule may be adopted more than once in any 24 month
14 period, except that this limitation on the number of
15 emergency rules that may be adopted in a 24 month period does
16 not apply to (i) emergency rules that make additions to and
17 deletions from the Drug Manual under Section 5-5.16 of the
18 Illinois Public Aid Code or the generic drug formulary under
19 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
20 (ii) emergency rules adopted by the Pollution Control Board
21 before July 1, 1997 to implement portions of the Livestock
22 Management Facilities Act. Two or more emergency rules
23 having substantially the same purpose and effect shall be
24 deemed to be a single rule for purposes of this Section.
25 (d) In order to provide for the expeditious and timely
26 implementation of the State's fiscal year 1999 budget,
27 emergency rules to implement any provision of Public Act
28 90-587 or 90-588 or any other budget initiative for fiscal
29 year 1999 may be adopted in accordance with this Section by
30 the agency charged with administering that provision or
31 initiative, except that the 24-month limitation on the
32 adoption of emergency rules and the provisions of Sections
33 5-115 and 5-125 do not apply to rules adopted under this
34 subsection (d). The adoption of emergency rules authorized
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1 by this subsection (d) shall be deemed to be necessary for
2 the public interest, safety, and welfare.
3 (e) In order to provide for the expeditious and timely
4 implementation of the State's fiscal year 2000 budget,
5 emergency rules to implement any provision of this amendatory
6 Act of the 91st General Assembly or any other budget
7 initiative for fiscal year 2000 may be adopted in accordance
8 with this Section by the agency charged with administering
9 that provision or initiative, except that the 24-month
10 limitation on the adoption of emergency rules and the
11 provisions of Sections 5-115 and 5-125 do not apply to rules
12 adopted under this subsection (e). The adoption of emergency
13 rules authorized by this subsection (e) shall be deemed to be
14 necessary for the public interest, safety, and welfare.
15 (f) In order to provide for the expeditious and timely
16 implementation of the State's fiscal year 2001 budget,
17 emergency rules to implement any provision of this amendatory
18 Act of the 91st General Assembly or any other budget
19 initiative for fiscal year 2001 may be adopted in accordance
20 with this Section by the agency charged with administering
21 that provision or initiative, except that the 24-month
22 limitation on the adoption of emergency rules and the
23 provisions of Sections 5-115 and 5-125 do not apply to rules
24 adopted under this subsection (f). The adoption of emergency
25 rules authorized by this subsection (f) shall be deemed to be
26 necessary for the public interest, safety, and welfare.
27 (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98; 90-588,
28 eff. 7-1-98; 91-24, eff. 7-1-99; 91-357, eff. 7-29-99.)
29 Section 10. The State Comptroller Act is amended by
30 changing Section 10.05a as follows:
31 (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
32 Sec. 10.05a. Deductions from Warrants and Payments for
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1 Satisfaction of Past Due Child Support. At the direction of
2 the Department of Public Aid, the Comptroller shall deduct
3 from a warrant or other payment described in Section 10.05 of
4 this Act, in accordance with the procedures provided therein,
5 and pay over to the Department or the State Disbursement Unit
6 established under Section 10-26 of the Illinois Public Aid
7 Code, at the direction of the Department, that amount
8 certified as necessary to satisfy, in whole or in part, past
9 due support owed by a person on account of support action
10 being taken by the Department under Article X of the Illinois
11 Public Aid Code, whether or not such support is owed to the
12 State. Such deduction shall have priority over any
13 garnishment except that for payment of state or federal
14 taxes. In the case of joint payees, the Comptroller shall
15 deduct and pay over to the Department or the State
16 Disbursement Unit, as directed by the Department, the entire
17 amount certified. The Comptroller shall provide the
18 Department with the address to which the warrant or other
19 payment was to be mailed and the social security number of
20 each person from whom a deduction is made pursuant to this
21 Section.
22 (Source: P.A. 91-212, eff. 7-20-99.)
23 Section 15. The Children and Family Services Act is
24 amended by changing Section 22.2 as follows:
25 (20 ILCS 505/22.2) (from Ch. 23, par. 5022.2)
26 Sec. 22.2. To provide training programs for the
27 provision of foster care and adoptive care services.
28 Training provided to foster parents shall include training
29 and information on their right to be heard, to bring a
30 mandamus action, and to intervene in juvenile court as set
31 forth under subsection (2) of Section 1-5 of the Juvenile
32 Court Act of 1987 and the availability of the hotline
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1 established under Section 35.6 of this Act, that foster
2 parents may use to report incidents of misconduct or
3 violation of rules by Department employees, service
4 providers, or contractors. Monies for such training programs
5 shall be derived from the Department of Children and Family
6 Services Training Fund, hereby created in the State Treasury.
7 Deposits to this fund shall consist of federal financial
8 participation in foster care and adoption care training
9 programs, public and unsolicited private grants and fees for
10 such training. In addition, with the approval of the
11 Governor, the Department may transfer amounts not exceeding
12 $2,000,000 in each fiscal year from the DCFS Children's
13 Services Fund to the Department of Children and Family
14 Services Training Fund. Disbursements from the Department of
15 Children and Family Services Training Fund shall be made by
16 the Department for foster care and adoptive care training
17 services in accordance with federal standards.
18 (Source: P.A. 88-7.)
19 Section 20. The Department of Revenue Law of the Civil
20 Administrative Code of Illinois is amended by changing
21 Section 2505-650 as follows:
22 (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52)
23 Sec. 2505-650. Collection of past due support. Upon
24 certification of past due child support amounts from the
25 Department of Public Aid, the Department of Revenue may
26 collect the delinquency in any manner authorized for the
27 collection of any tax administered by the Department of
28 Revenue. The Department of Revenue shall notify the
29 Department of Public Aid when the delinquency or any portion
30 of the delinquency has been collected under this Section.
31 Any child support delinquency collected by the Department of
32 Revenue, including those amounts that result in overpayment
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1 of a child support delinquency, shall be deposited into the
2 Child Support Enforcement Trust Fund or paid to the State
3 Disbursement Unit established under Section 10-26 of the
4 Illinois Public Aid Code, at the direction of the Department
5 of Public Aid into into. The Department of Revenue may
6 implement this Section through the use of emergency rules in
7 accordance with Section 5-45 of the Illinois Administrative
8 Procedure Act. For purposes of the Illinois Administrative
9 Procedure Act, the adoption of rules to implement this
10 Section shall be considered an emergency and necessary for
11 the public interest, safety, and welfare.
12 (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99;
13 91-239, eff. 1-1-00; revised 8-5-99.)
14 Section 25. The State Finance Act is amended by changing
15 Section 8.27 as follows:
16 (30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
17 Sec. 8.27. All receipts from federal financial
18 participation in the Foster Care and Adoption Services
19 program under Title IV-E of the federal Social Security Act,
20 including receipts for related indirect costs, but excluding
21 receipts from federal financial participation in such Title
22 IV-E Foster Care and Adoption Training program, shall be
23 deposited in the DCFS Children's Services Fund.
24 Eighty percent of the federal funds received by the
25 Illinois Department of Human Services under the Title IV-A
26 Emergency Assistance program as reimbursement for
27 expenditures made from the Illinois Department of Children
28 and Family Services appropriations for the costs of services
29 in behalf of Department of Children and Family Services
30 clients shall be deposited into the DCFS Children's Services
31 Fund.
32 All receipts from federal financial participation in the
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1 Child Welfare Services program under Title IV-B of the
2 federal Social Security Act, including receipts for related
3 indirect costs, shall be deposited into the DCFS Children's
4 Services Fund for those moneys received as reimbursement for
5 services provided on or after July 1, 1994.
6 In addition, as soon as may be practicable after the
7 first day of November, 1994, the Department of Children and
8 Family Services shall request the Comptroller to order
9 transferred and the Treasurer shall transfer the unexpended
10 balance of the Child Welfare Services Fund to the DCFS
11 Children's Services Fund. Upon completion of the transfer,
12 the Child Welfare Services Fund will be considered dissolved
13 and any outstanding obligations or liabilities of that fund
14 will pass to the DCFS Children's Services Fund.
15 Monies in the Fund may be used by the Department,
16 pursuant to appropriation by the General Assembly, for the
17 ordinary and contingent expenses of the Department.
18 In fiscal year 1988 and in each fiscal year thereafter
19 through fiscal year 2000, the Comptroller shall order
20 transferred and the Treasurer shall transfer an amount of
21 $16,100,000 from the DCFS Children's Services Fund to the
22 General Revenue Fund in the following manner: As soon as may
23 be practicable after the 15th day of September, December,
24 March and June, the Comptroller shall order transferred and
25 the Treasurer shall transfer, to the extent that funds are
26 available, 1/4 of $16,100,000, plus any cumulative
27 deficiencies in such transfers for prior transfer dates
28 during such fiscal year. In no event shall any such transfer
29 reduce the available balance in the DCFS Children's Services
30 Fund below $350,000.
31 In accordance with subsection (q) of Section 5 of the
32 Children and Family Services Act, disbursements from
33 individual children's accounts shall be deposited into the
34 DCFS Children's Services Fund.
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1 (Source: P.A. 88-553; 89-21, eff. 6-6-95; 89-507, eff.
2 7-1-97.)
3 Section 28. The General Obligation Bond Act is amended
4 by changing Section 4 as follows:
5 (30 ILCS 330/4) (from Ch. 127, par. 654)
6 Sec. 4. Transportation. The amount of $5,312,270,000 is
7 authorized for use by the Department of Transportation for
8 the specific purpose of promoting and assuring rapid,
9 efficient, and safe highway, air and mass transportation for
10 the inhabitants of the State by providing monies, including
11 the making of grants and loans, for the acquisition,
12 construction, reconstruction, extension and improvement of
13 the following transportation facilities and equipment, and
14 for the acquisition of real property and interests in real
15 property required or expected to be required in connection
16 therewith as follows:
17 (a) $3,431,000,000 for State highways, arterial
18 highways, freeways, roads, bridges, structures separating
19 highways and railroads and roads, and bridges on roads
20 maintained by counties, municipalities, townships or road
21 districts for the following specific purposes:
22 (1) $3,330,000,000 for use statewide,
23 (2) $3,641,000 for use outside the Chicago
24 urbanized area,
25 (3) $7,543,000 for use within the Chicago urbanized
26 area,
27 (4) $13,060,600 for use within the City of Chicago,
28 (5) $57,894,500 for use within the counties of
29 Cook, DuPage, Kane, Lake, McHenry and Will, and
30 (6) $18,860,900 for use outside the counties of
31 Cook, DuPage, Kane, Lake, McHenry and Will.
32 (b) $1,529,670,000 for rail facilities and for mass
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1 transit facilities, as defined in Section 2705-305 of the
2 Department of Transportation Law (20 ILCS 2705/2705-305),
3 including rapid transit, rail, bus and other equipment used
4 in connection therewith by the State or any unit of local
5 government, special transportation district, municipal
6 corporation or other corporation or public authority
7 authorized to provide and promote public transportation
8 within the State or two or more of the foregoing jointly, for
9 the following specific purposes:
10 (1) $1,433,870,000 statewide,
11 (2) $83,350,000 for use within the counties of
12 Cook, DuPage, Kane, Lake, McHenry and Will,
13 (3) $12,450,000 for use outside the counties of
14 Cook, DuPage, Kane, Lake, McHenry and Will.
15 (c) $351,600,000 for airport or aviation facilities and
16 any equipment used in connection therewith, including
17 engineering and land acquisition costs, by the State or any
18 unit of local government, special transportation district,
19 municipal corporation or other corporation or public
20 authority authorized to provide public transportation within
21 the State, or two or more of the foregoing acting jointly,
22 and for the making of deposits into the Airport Land Loan
23 Revolving Fund for loans to public airport owners pursuant to
24 the Illinois Aeronautics Act.
25 (Source: P.A. 90-8, eff. 12-8-97 (changed from 6-1-98 by P.A.
26 90-549); 90-586, eff. 6-4-98; 91-39, eff. 6-15-99; 91-239,
27 eff. 1-1-00; revised 8-6-99.)
28 Section 30. The Illinois Income Tax Act is amended by
29 changing Section 901 as follows:
30 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
31 Sec. 901. Collection Authority.
32 (a) In general.
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1 The Department shall collect the taxes imposed by this
2 Act. The Department shall collect certified past due child
3 support amounts under Section 2505-650 of the Department of
4 Revenue Law (20 ILCS 2505/2505-650). Except as provided in
5 subsections (c) and (e) of this Section, money collected
6 pursuant to subsections (a) and (b) of Section 201 of this
7 Act shall be paid into the General Revenue Fund in the State
8 treasury; money collected pursuant to subsections (c) and (d)
9 of Section 201 of this Act shall be paid into the Personal
10 Property Tax Replacement Fund, a special fund in the State
11 Treasury; and money collected under Section 2505-650 of the
12 Department of Revenue Law (20 ILCS 2505/2505-650) shall be
13 paid into the Child Support Enforcement Trust Fund, a special
14 fund outside the State Treasury, or to the State Disbursement
15 Unit established under Section 10-26 of the Illinois Public
16 Aid Code, as directed by the Department of Public Aid.
17 (b) Local Governmental Distributive Fund.
18 Beginning August 1, 1969, and continuing through June 30,
19 1994, the Treasurer shall transfer each month from the
20 General Revenue Fund to a special fund in the State treasury,
21 to be known as the "Local Government Distributive Fund", an
22 amount equal to 1/12 of the net revenue realized from the tax
23 imposed by subsections (a) and (b) of Section 201 of this Act
24 during the preceding month. Beginning July 1, 1994, and
25 continuing through June 30, 1995, the Treasurer shall
26 transfer each month from the General Revenue Fund to the
27 Local Government Distributive Fund an amount equal to 1/11 of
28 the net revenue realized from the tax imposed by subsections
29 (a) and (b) of Section 201 of this Act during the preceding
30 month. Beginning July 1, 1995, the Treasurer shall transfer
31 each month from the General Revenue Fund to the Local
32 Government Distributive Fund an amount equal to 1/10 of the
33 net revenue realized from the tax imposed by subsections (a)
34 and (b) of Section 201 of the Illinois Income Tax Act during
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1 the preceding month. Net revenue realized for a month shall
2 be defined as the revenue from the tax imposed by subsections
3 (a) and (b) of Section 201 of this Act which is deposited in
4 the General Revenue Fund, the Educational Assistance Fund and
5 the Income Tax Surcharge Local Government Distributive Fund
6 during the month minus the amount paid out of the General
7 Revenue Fund in State warrants during that same month as
8 refunds to taxpayers for overpayment of liability under the
9 tax imposed by subsections (a) and (b) of Section 201 of this
10 Act.
11 (c) Deposits Into Income Tax Refund Fund.
12 (1) Beginning on January 1, 1989 and thereafter,
13 the Department shall deposit a percentage of the amounts
14 collected pursuant to subsections (a) and (b)(1), (2),
15 and (3), of Section 201 of this Act into a fund in the
16 State treasury known as the Income Tax Refund Fund. The
17 Department shall deposit 6% of such amounts during the
18 period beginning January 1, 1989 and ending on June 30,
19 1989. Beginning with State fiscal year 1990 and for each
20 fiscal year thereafter, the percentage deposited into the
21 Income Tax Refund Fund during a fiscal year shall be the
22 Annual Percentage. For fiscal years 1999 through 2001,
23 the Annual Percentage shall be 7.1%. For all other
24 fiscal years, the Annual Percentage shall be calculated
25 as a fraction, the numerator of which shall be the amount
26 of refunds approved for payment by the Department during
27 the preceding fiscal year as a result of overpayment of
28 tax liability under subsections (a) and (b)(1), (2), and
29 (3) of Section 201 of this Act plus the amount of such
30 refunds remaining approved but unpaid at the end of the
31 preceding fiscal year, the denominator of which shall be
32 the amounts which will be collected pursuant to
33 subsections (a) and (b)(1), (2), and (3) of Section 201
34 of this Act during the preceding fiscal year. The
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1 Director of Revenue shall certify the Annual Percentage
2 to the Comptroller on the last business day of the fiscal
3 year immediately preceding the fiscal year for which it
4 is to be effective.
5 (2) Beginning on January 1, 1989 and thereafter,
6 the Department shall deposit a percentage of the amounts
7 collected pursuant to subsections (a) and (b)(6), (7),
8 and (8), (c) and (d) of Section 201 of this Act into a
9 fund in the State treasury known as the Income Tax Refund
10 Fund. The Department shall deposit 18% of such amounts
11 during the period beginning January 1, 1989 and ending on
12 June 30, 1989. Beginning with State fiscal year 1990 and
13 for each fiscal year thereafter, the percentage deposited
14 into the Income Tax Refund Fund during a fiscal year
15 shall be the Annual Percentage. For fiscal years 1999,
16 2000, and 2001, the Annual Percentage shall be 19%. For
17 all other fiscal years, the Annual Percentage shall be
18 calculated as a fraction, the numerator of which shall be
19 the amount of refunds approved for payment by the
20 Department during the preceding fiscal year as a result
21 of overpayment of tax liability under subsections (a) and
22 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
23 Act plus the amount of such refunds remaining approved
24 but unpaid at the end of the preceding fiscal year, the
25 denominator of which shall be the amounts which will be
26 collected pursuant to subsections (a) and (b)(6), (7),
27 and (8), (c) and (d) of Section 201 of this Act during
28 the preceding fiscal year. The Director of Revenue shall
29 certify the Annual Percentage to the Comptroller on the
30 last business day of the fiscal year immediately
31 preceding the fiscal year for which it is to be
32 effective.
33 (d) Expenditures from Income Tax Refund Fund.
34 (1) Beginning January 1, 1989, money in the Income
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1 Tax Refund Fund shall be expended exclusively for the
2 purpose of paying refunds resulting from overpayment of
3 tax liability under Section 201 of this Act and for
4 making transfers pursuant to this subsection (d).
5 (2) The Director shall order payment of refunds
6 resulting from overpayment of tax liability under Section
7 201 of this Act from the Income Tax Refund Fund only to
8 the extent that amounts collected pursuant to Section 201
9 of this Act and transfers pursuant to this subsection (d)
10 have been deposited and retained in the Fund.
11 (3) As soon as possible after the end of each
12 fiscal year, the Director shall order transferred and the
13 State Treasurer and State Comptroller shall transfer from
14 the Income Tax Refund Fund to the Personal Property Tax
15 Replacement Fund an amount, certified by the Director to
16 the Comptroller, equal to the excess of the amount
17 collected pursuant to subsections (c) and (d) of Section
18 201 of this Act deposited into the Income Tax Refund Fund
19 during the fiscal year over the amount of refunds
20 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 (4) As soon as possible after the end of each
24 fiscal year, the Director shall order transferred and the
25 State Treasurer and State Comptroller shall transfer from
26 the Personal Property Tax Replacement Fund to the Income
27 Tax Refund Fund an amount, certified by the Director to
28 the Comptroller, equal to the excess of the amount of
29 refunds resulting from overpayment of tax liability under
30 subsections (c) and (d) of Section 201 of this Act paid
31 from the Income Tax Refund Fund during the fiscal year
32 over the amount collected pursuant to subsections (c) and
33 (d) of Section 201 of this Act deposited into the Income
34 Tax Refund Fund during the fiscal year.
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1 (4.5) As soon as possible after the end of fiscal
2 year 1999 and of each fiscal year thereafter, the
3 Director shall order transferred and the State Treasurer
4 and State Comptroller shall transfer from the Income Tax
5 Refund Fund to the General Revenue Fund any surplus
6 remaining in the Income Tax Refund Fund as of the end of
7 such fiscal year.
8 (5) This Act shall constitute an irrevocable and
9 continuing appropriation from the Income Tax Refund Fund
10 for the purpose of paying refunds upon the order of the
11 Director in accordance with the provisions of this
12 Section.
13 (e) Deposits into the Education Assistance Fund and the
14 Income Tax Surcharge Local Government Distributive Fund.
15 On July 1, 1991, and thereafter, of the amounts collected
16 pursuant to subsections (a) and (b) of Section 201 of this
17 Act, minus deposits into the Income Tax Refund Fund, the
18 Department shall deposit 7.3% into the Education Assistance
19 Fund in the State Treasury. Beginning July 1, 1991, and
20 continuing through January 31, 1993, of the amounts collected
21 pursuant to subsections (a) and (b) of Section 201 of the
22 Illinois Income Tax Act, minus deposits into the Income Tax
23 Refund Fund, the Department shall deposit 3.0% into the
24 Income Tax Surcharge Local Government Distributive Fund in
25 the State Treasury. Beginning February 1, 1993 and
26 continuing through June 30, 1993, of the amounts collected
27 pursuant to subsections (a) and (b) of Section 201 of the
28 Illinois Income Tax Act, minus deposits into the Income Tax
29 Refund Fund, the Department shall deposit 4.4% into the
30 Income Tax Surcharge Local Government Distributive Fund in
31 the State Treasury. Beginning July 1, 1993, and continuing
32 through June 30, 1994, of the amounts collected under
33 subsections (a) and (b) of Section 201 of this Act, minus
34 deposits into the Income Tax Refund Fund, the Department
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1 shall deposit 1.475% into the Income Tax Surcharge Local
2 Government Distributive Fund in the State Treasury.
3 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
4 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.)
5 Section 33. The Upper Illinois River Valley Development
6 Authority Act is amended by adding Section 6.1 as follows:
7 (70 ILCS 530/6.1 new)
8 Sec. 6.1. Tax avoidance. Notwithstanding any other
9 provision of law, the Authority shall not enter into any
10 agreement providing for the purchase and lease of tangible
11 personal property that results in the avoidance of taxation
12 under the Retailers' Occupation Tax Act, the Use Tax Act, the
13 Service Use Tax Act, or the Service Occupation Tax Act,
14 without the prior written consent of the Governor.
15 Section 35. The Ambulatory Surgical Treatment Center Act
16 is amended by changing Section 8 as follows:
17 (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8)
18 Sec. 8. Facility plan review; fees.
19 (a) Before commencing construction of new facilities or
20 specified types of alteration or additions to an existing
21 ambulatory surgical treatment center involving major
22 construction, as defined by rule by the Department, with an
23 estimated cost greater than $100,000, architectural drawings
24 and specifications therefor shall be submitted to the
25 Department for review and approval. A facility may submit
26 architectural drawings and specifications for other
27 construction projects for Department review according to
28 subsection (b) that shall not be subject to fees under
29 subsection (d). Review of drawings and specifications shall
30 be conducted by an employee of the Department meeting the
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1 qualifications established by the Department of Central
2 Management Services class specifications for such an
3 individual's position or by a person contracting with the
4 Department who meets those class specifications. Final
5 approval of the drawings and specifications for compliance
6 with design and construction standards shall be obtained from
7 the Department before the alteration, addition, or new
8 construction is begun.
9 (b) The Department shall inform an applicant in writing
10 within 10 working days after receiving drawings and
11 specifications and the required fee, if any, from the
12 applicant whether the applicant's submission is complete or
13 incomplete. Failure to provide the applicant with this
14 notice within 10 working days shall result in the submission
15 being deemed complete for purposes of initiating the 60-day
16 review period under this Section. If the submission is
17 incomplete, the Department shall inform the applicant of the
18 deficiencies with the submission in writing. If the
19 submission is complete and the required fee, if any, has been
20 paid, the Department shall approve or disapprove drawings and
21 specifications submitted to the Department no later than 60
22 days following receipt by the Department. The drawings and
23 specifications shall be of sufficient detail, as provided by
24 Department rule, to enable the Department to render a
25 determination of compliance with design and construction
26 standards under this Act. If the Department finds that the
27 drawings are not of sufficient detail for it to render a
28 determination of compliance, the plans shall be determined to
29 be incomplete and shall not be considered for purposes of
30 initiating the 60 day review period. If a submission of
31 drawings and specifications is incomplete, the applicant may
32 submit additional information. The 60-day review period
33 shall not commence until the Department determines that a
34 submission of drawings and specifications is complete or the
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1 submission is deemed complete. If the Department has not
2 approved or disapproved the drawings and specifications
3 within 60 days, the construction, major alteration, or
4 addition shall be deemed approved. If the drawings and
5 specifications are disapproved, the Department shall state in
6 writing, with specificity, the reasons for the disapproval.
7 The entity submitting the drawings and specifications may
8 submit additional information in response to the written
9 comments from the Department or request a reconsideration of
10 the disapproval. A final decision of approval or disapproval
11 shall be made within 45 days of the receipt of the additional
12 information or reconsideration request. If denied, the
13 Department shall state the specific reasons for the denial.
14 (c) The Department shall provide written approval for
15 occupancy pursuant to subsection (g) and shall not issue a
16 violation to a facility as a result of a licensure or
17 complaint survey based upon the facility's physical structure
18 if:
19 (1) the Department reviewed and approved or deemed
20 approved the drawings and specifications for compliance
21 with design and construction standards;
22 (2) the construction, major alteration, or addition
23 was built as submitted;
24 (3) the law or rules have not been amended since
25 the original approval; and
26 (4) the conditions at the facility indicate that
27 there is a reasonable degree of safety provided for the
28 patients.
29 (d) The Department shall charge the following fees in
30 connection with its reviews conducted before June 30, 2004
31 2000 under this Section:
32 (1) (Blank).
33 (2) (Blank).
34 (3) If the estimated dollar value of the
-18- LRB9112936EGfgam01
1 alteration, addition, or new construction is $100,000 or
2 more but less than $500,000, the fee shall be the greater
3 of $2,400 or 1.2% of that value.
4 (4) If the estimated dollar value of the
5 alteration, addition, or new construction is $500,000 or
6 more but less than $1,000,000, the fee shall be the
7 greater of $6,000 or 0.96% of that value.
8 (5) If the estimated dollar value of the
9 alteration, addition, or new construction is $1,000,000
10 or more but less than $5,000,000, the fee shall be the
11 greater of $9,600 or 0.22% of that value.
12 (6) If the estimated dollar value of the
13 alteration, addition, or new construction is $5,000,000
14 or more, the fee shall be the greater of $11,000 or 0.11%
15 of that value, but shall not exceed $40,000.
16 The fees provided in this subsection (d) shall not apply
17 to major construction projects involving facility changes
18 that are required by Department rule amendments.
19 The fees provided in this subsection (d) shall also not
20 apply to major construction projects if 51% or more of the
21 estimated cost of the project is attributed to capital
22 equipment. For major construction projects where 51% or more
23 of the estimated cost of the project is attributed to capital
24 equipment, the Department shall by rule establish a fee that
25 is reasonably related to the cost of reviewing the project.
26 The Department shall not commence the facility plan
27 review process under this Section until the applicable fee
28 has been paid.
29 (e) All fees received by the Department under this
30 Section shall be deposited into the Health Facility Plan
31 Review Fund, a special fund created in the State Treasury.
32 Moneys shall be appropriated from that Fund to the Department
33 only to pay the costs of conducting reviews under this
34 Section. All fees paid by ambulatory surgical treatment
-19- LRB9112936EGfgam01
1 centers under subsection (d) shall be used only to cover the
2 costs relating to the Department's review of ambulatory
3 surgical treatment center projects under this Section. None
4 of the moneys in the Health Facility Plan Review Fund shall
5 be used to reduce the amount of General Revenue Fund moneys
6 appropriated to the Department for facility plan reviews
7 conducted pursuant to this Section.
8 (f) (1) The provisions of this amendatory Act of 1997
9 concerning drawings and specifications shall apply only
10 to drawings and specifications submitted to the
11 Department on or after October 1, 1997.
12 (2) On and after the effective date of this
13 amendatory Act of 1997 and before October 1, 1997, an
14 applicant may submit or resubmit drawings and
15 specifications to the Department and pay the fees
16 provided in subsection (d). If an applicant pays the
17 fees provided in subsection (d) under this paragraph (2),
18 the provisions of subsection (b) shall apply with regard
19 to those drawings and specifications.
20 (g) The Department shall conduct an on-site inspection
21 of the completed project no later than 30 days after
22 notification from the applicant that the project has been
23 completed and all certifications required by the Department
24 have been received and accepted by the Department. The
25 Department shall provide written approval for occupancy to
26 the applicant within 5 working days of the Department's final
27 inspection, provided the applicant has demonstrated
28 substantial compliance as defined by Department rule.
29 Occupancy of new major construction is prohibited until
30 Department approval is received, unless the Department has
31 not acted within the time frames provided in this subsection
32 (g), in which case the construction shall be deemed approved.
33 Occupancy shall be authorized after any required health
34 inspection by the Department has been conducted.
-20- LRB9112936EGfgam01
1 (h) The Department shall establish, by rule, a procedure
2 to conduct interim on-site review of large or complex
3 construction projects.
4 (i) The Department shall establish, by rule, an
5 expedited process for emergency repairs or replacement of
6 like equipment.
7 (j) Nothing in this Section shall be construed to apply
8 to maintenance, upkeep, or renovation that does not affect
9 the structural integrity of the building, does not add beds
10 or services over the number for which the facility is
11 licensed, and provides a reasonable degree of safety for the
12 patients.
13 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
14 Section 40. The Nursing Home Care Act is amended by
15 changing Section 3-202.5 as follows:
16 (210 ILCS 45/3-202.5)
17 Sec. 3-202.5. Facility plan review; fees.
18 (a) Before commencing construction of a new facility or
19 specified types of alteration or additions to an existing
20 long term care facility involving major construction, as
21 defined by rule by the Department, with an estimated cost
22 greater than $100,000, architectural drawings and
23 specifications for the facility shall be submitted to the
24 Department for review and approval. A facility may submit
25 architectural drawings and specifications for other
26 construction projects for Department review according to
27 subsection (b) that shall not be subject to fees under
28 subsection (d). Review of drawings and specifications shall
29 be conducted by an employee of the Department meeting the
30 qualifications established by the Department of Central
31 Management Services class specifications for such an
32 individual's position or by a person contracting with the
-21- LRB9112936EGfgam01
1 Department who meets those class specifications. Final
2 approval of the drawings and specifications for compliance
3 with design and construction standards shall be obtained from
4 the Department before the alteration, addition, or new
5 construction is begun.
6 (b) The Department shall inform an applicant in writing
7 within 10 working days after receiving drawings and
8 specifications and the required fee, if any, from the
9 applicant whether the applicant's submission is complete or
10 incomplete. Failure to provide the applicant with this
11 notice within 10 working days shall result in the submission
12 being deemed complete for purposes of initiating the 60-day
13 review period under this Section. If the submission is
14 incomplete, the Department shall inform the applicant of the
15 deficiencies with the submission in writing. If the
16 submission is complete the required fee, if any, has been
17 paid, the Department shall approve or disapprove drawings and
18 specifications submitted to the Department no later than 60
19 days following receipt by the Department. The drawings and
20 specifications shall be of sufficient detail, as provided by
21 Department rule, to enable the Department to render a
22 determination of compliance with design and construction
23 standards under this Act. If the Department finds that the
24 drawings are not of sufficient detail for it to render a
25 determination of compliance, the plans shall be determined to
26 be incomplete and shall not be considered for purposes of
27 initiating the 60 day review period. If a submission of
28 drawings and specifications is incomplete, the applicant may
29 submit additional information. The 60-day review period
30 shall not commence until the Department determines that a
31 submission of drawings and specifications is complete or the
32 submission is deemed complete. If the Department has not
33 approved or disapproved the drawings and specifications
34 within 60 days, the construction, major alteration, or
-22- LRB9112936EGfgam01
1 addition shall be deemed approved. If the drawings and
2 specifications are disapproved, the Department shall state in
3 writing, with specificity, the reasons for the disapproval.
4 The entity submitting the drawings and specifications may
5 submit additional information in response to the written
6 comments from the Department or request a reconsideration of
7 the disapproval. A final decision of approval or disapproval
8 shall be made within 45 days of the receipt of the additional
9 information or reconsideration request. If denied, the
10 Department shall state the specific reasons for the denial.
11 (c) The Department shall provide written approval for
12 occupancy pursuant to subsection (g) and shall not issue a
13 violation to a facility as a result of a licensure or
14 complaint survey based upon the facility's physical structure
15 if:
16 (1) the Department reviewed and approved or deemed
17 approved the drawings and specifications for compliance
18 with design and construction standards;
19 (2) the construction, major alteration, or addition
20 was built as submitted;
21 (3) the law or rules have not been amended since
22 the original approval; and
23 (4) the conditions at the facility indicate that
24 there is a reasonable degree of safety provided for the
25 residents.
26 (d) The Department shall charge the following fees in
27 connection with its reviews conducted before June 30, 2004
28 2000 under this Section:
29 (1) (Blank).
30 (2) (Blank).
31 (3) If the estimated dollar value of the
32 alteration, addition, or new construction is $100,000 or
33 more but less than $500,000, the fee shall be the greater
34 of $2,400 or 1.2% of that value.
-23- LRB9112936EGfgam01
1 (4) If the estimated dollar value of the
2 alteration, addition, or new construction is $500,000 or
3 more but less than $1,000,000, the fee shall be the
4 greater of $6,000 or 0.96% of that value.
5 (5) If the estimated dollar value of the
6 alteration, addition, or new construction is $1,000,000
7 or more but less than $5,000,000, the fee shall be the
8 greater of $9,600 or 0.22% of that value.
9 (6) If the estimated dollar value of the
10 alteration, addition, or new construction is $5,000,000
11 or more, the fee shall be the greater of $11,000 or 0.11%
12 of that value, but shall not exceed $40,000.
13 The fees provided in this subsection (d) shall not apply
14 to major construction projects involving facility changes
15 that are required by Department rule amendments.
16 The fees provided in this subsection (d) shall also not
17 apply to major construction projects if 51% or more of the
18 estimated cost of the project is attributed to capital
19 equipment. For major construction projects where 51% or more
20 of the estimated cost of the project is attributed to capital
21 equipment, the Department shall by rule establish a fee that
22 is reasonably related to the cost of reviewing the project.
23 The Department shall not commence the facility plan
24 review process under this Section until the applicable fee
25 has been paid.
26 (e) All fees received by the Department under this
27 Section shall be deposited into the Health Facility Plan
28 Review Fund, a special fund created in the State Treasury.
29 All fees paid by long-term care facilities under subsection
30 (d) shall be used only to cover the costs relating to the
31 Department's review of long-term care facility projects under
32 this Section. Moneys shall be appropriated from that Fund to
33 the Department only to pay the costs of conducting reviews
34 under this Section. None of the moneys in the Health Facility
-24- LRB9112936EGfgam01
1 Plan Review Fund shall be used to reduce the amount of
2 General Revenue Fund moneys appropriated to the Department
3 for facility plan reviews conducted pursuant to this Section.
4 (f) (1) The provisions of this amendatory Act of 1997
5 concerning drawings and specifications shall apply only
6 to drawings and specifications submitted to the
7 Department on or after October 1, 1997.
8 (2) On and after the effective date of this
9 amendatory Act of 1997 and before October 1, 1997, an
10 applicant may submit or resubmit drawings and
11 specifications to the Department and pay the fees
12 provided in subsection (d). If an applicant pays the
13 fees provided in subsection (d) under this paragraph (2),
14 the provisions of subsection (b) shall apply with regard
15 to those drawings and specifications.
16 (g) The Department shall conduct an on-site inspection
17 of the completed project no later than 30 days after
18 notification from the applicant that the project has been
19 completed and all certifications required by the Department
20 have been received and accepted by the Department. The
21 Department shall provide written approval for occupancy to
22 the applicant within 5 working days of the Department's final
23 inspection, provided the applicant has demonstrated
24 substantial compliance as defined by Department rule.
25 Occupancy of new major construction is prohibited until
26 Department approval is received, unless the Department has
27 not acted within the time frames provided in this subsection
28 (g), in which case the construction shall be deemed approved.
29 Occupancy shall be authorized after any required health
30 inspection by the Department has been conducted.
31 (h) The Department shall establish, by rule, a procedure
32 to conduct interim on-site review of large or complex
33 construction projects.
34 (i) The Department shall establish, by rule, an
-25- LRB9112936EGfgam01
1 expedited process for emergency repairs or replacement of
2 like equipment.
3 (j) Nothing in this Section shall be construed to apply
4 to maintenance, upkeep, or renovation that does not affect
5 the structural integrity of the building, does not add beds
6 or services over the number for which the long-term care
7 facility is licensed, and provides a reasonable degree of
8 safety for the residents.
9 (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.)
10 Section 45. The Hospital Licensing Act is amended by
11 changing Section 8 as follows:
12 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
13 Sec. 8. Facility plan review; fees.
14 (a) Before commencing construction of new facilities or
15 specified types of alteration or additions to an existing
16 hospital involving major construction, as defined by rule by
17 the Department, with an estimated cost greater than $100,000,
18 architectural plans and specifications therefor shall be
19 submitted by the licensee to the Department for review and
20 approval. A hospital may submit architectural drawings and
21 specifications for other construction projects for Department
22 review according to subsection (b) that shall not be subject
23 to fees under subsection (d). Review of drawings and
24 specifications shall be conducted by an employee of the
25 Department meeting the qualifications established by the
26 Department of Central Management Services class
27 specifications for such an individual's position or by a
28 person contracting with the Department who meets those class
29 specifications. Final approval of the plans and
30 specifications for compliance with design and construction
31 standards shall be obtained from the Department before the
32 alteration, addition, or new construction is begun.
-26- LRB9112936EGfgam01
1 (b) The Department shall inform an applicant in writing
2 within 10 working days after receiving drawings and
3 specifications and the required fee, if any, from the
4 applicant whether the applicant's submission is complete or
5 incomplete. Failure to provide the applicant with this
6 notice within 10 working days shall result in the submission
7 being deemed complete for purposes of initiating the 60-day
8 review period under this Section. If the submission is
9 incomplete, the Department shall inform the applicant of the
10 deficiencies with the submission in writing. If the
11 submission is complete and the required fee, if any, has been
12 paid, the Department shall approve or disapprove drawings and
13 specifications submitted to the Department no later than 60
14 days following receipt by the Department. The drawings and
15 specifications shall be of sufficient detail, as provided by
16 Department rule, to enable the Department to render a
17 determination of compliance with design and construction
18 standards under this Act. If the Department finds that the
19 drawings are not of sufficient detail for it to render a
20 determination of compliance, the plans shall be determined to
21 be incomplete and shall not be considered for purposes of
22 initiating the 60 day review period. If a submission of
23 drawings and specifications is incomplete, the applicant may
24 submit additional information. The 60-day review period
25 shall not commence until the Department determines that a
26 submission of drawings and specifications is complete or the
27 submission is deemed complete. If the Department has not
28 approved or disapproved the drawings and specifications
29 within 60 days, the construction, major alteration, or
30 addition shall be deemed approved. If the drawings and
31 specifications are disapproved, the Department shall state in
32 writing, with specificity, the reasons for the disapproval.
33 The entity submitting the drawings and specifications may
34 submit additional information in response to the written
-27- LRB9112936EGfgam01
1 comments from the Department or request a reconsideration of
2 the disapproval. A final decision of approval or disapproval
3 shall be made within 45 days of the receipt of the additional
4 information or reconsideration request. If denied, the
5 Department shall state the specific reasons for the denial.
6 (c) The Department shall provide written approval for
7 occupancy pursuant to subsection (g) and shall not issue a
8 violation to a facility as a result of a licensure or
9 complaint survey based upon the facility's physical structure
10 if:
11 (1) the Department reviewed and approved or deemed
12 approved the drawing and specifications for compliance
13 with design and construction standards;
14 (2) the construction, major alteration, or addition
15 was built as submitted;
16 (3) the law or rules have not been amended since
17 the original approval; and
18 (4) the conditions at the facility indicate that
19 there is a reasonable degree of safety provided for the
20 patients.
21 (d) The Department shall charge the following fees in
22 connection with its reviews conducted before June 30, 2004
23 2000 under this Section:
24 (1) (Blank).
25 (2) (Blank).
26 (3) If the estimated dollar value of the
27 alteration, addition, or new construction is $100,000 or
28 more but less than $500,000, the fee shall be the greater
29 of $2,400 or 1.2% of that value.
30 (4) If the estimated dollar value of the
31 alteration, addition, or new construction is $500,000 or
32 more but less than $1,000,000, the fee shall be the
33 greater of $6,000 or 0.96% of that value.
34 (5) If the estimated dollar value of the
-28- LRB9112936EGfgam01
1 alteration, addition, or new construction is $1,000,000
2 or more but less than $5,000,000, the fee shall be the
3 greater of $9,600 or 0.22% of that value.
4 (6) If the estimated dollar value of the
5 alteration, addition, or new construction is $5,000,000
6 or more, the fee shall be the greater of $11,000 or 0.11%
7 of that value, but shall not exceed $40,000.
8 The fees provided in this subsection (d) shall not apply
9 to major construction projects involving facility changes
10 that are required by Department rule amendments.
11 The fees provided in this subsection (d) shall also not
12 apply to major construction projects if 51% or more of the
13 estimated cost of the project is attributed to capital
14 equipment. For major construction projects where 51% or more
15 of the estimated cost of the project is attributed to capital
16 equipment, the Department shall by rule establish a fee that
17 is reasonably related to the cost of reviewing the project.
18 The Department shall not commence the facility plan
19 review process under this Section until the applicable fee
20 has been paid.
21 (e) All fees received by the Department under this
22 Section shall be deposited into the Health Facility Plan
23 Review Fund, a special fund created in the State treasury.
24 All fees paid by hospitals under subsection (d) shall be used
25 only to cover the costs relating to the Department's review
26 of hospital projects under this Section. Moneys shall be
27 appropriated from that Fund to the Department only to pay the
28 costs of conducting reviews under this Section. None of the
29 moneys in the Health Facility Plan Review Fund shall be used
30 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
-29- LRB9112936EGfgam01
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
-30- LRB9112936EGfgam01
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 50. The Children's Health Insurance Program Act
6 is amended by changing Section 97 as follows:
7 (215 ILCS 106/97)
8 (Section scheduled to be repealed on June 30, 2001)
9 Sec. 97. Repealer. This Act is repealed on July 1, 2002
10 June 30, 2001.
11 (Source: P.A. 90-736, eff. 8-12-98.)
12 Section 55. The Illinois Public Aid Code is amended by
13 changing Sections 5-2, 5-5.4, 10-26, 12-4.34, 12-10.2, and
14 12-10.4 and adding Section 12-8.1 as follows:
15 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
16 Sec. 5-2. Classes of Persons Eligible. Medical
17 assistance under this Article shall be available to any of
18 the following classes of persons in respect to whom a plan
19 for coverage has been submitted to the Governor by the
20 Illinois Department and approved by him:
21 1. Recipients of basic maintenance grants under Articles
22 III and IV.
23 2. Persons otherwise eligible for basic maintenance
24 under Articles III and IV but who fail to qualify thereunder
25 on the basis of need, and who have insufficient income and
26 resources to meet the costs of necessary medical care,
27 including but not limited to, all persons who would be
28 determined eligible for such basic maintenance under Article
29 IV by disregarding the maximum earned income permitted by
30 federal law.
-31- LRB9112936EGfgam01
1 3. Persons who would otherwise qualify for Aid to the
2 Medically Indigent under Article VII.
3 4. Persons not eligible under any of the preceding
4 paragraphs who fall sick, are injured, or die, not having
5 sufficient money, property or other resources to meet the
6 costs of necessary medical care or funeral and burial
7 expenses.
8 5. (a) Women during pregnancy, after the fact of
9 pregnancy has been determined by medical diagnosis, and
10 during the 60-day period beginning on the last day of the
11 pregnancy, together with their infants and children born
12 after September 30, 1983, whose income and resources are
13 insufficient to meet the costs of necessary medical care
14 to the maximum extent possible under Title XIX of the
15 Federal Social Security Act.
16 (b) The Illinois Department and the Governor shall
17 provide a plan for coverage of the persons eligible under
18 paragraph 5(a) by April 1, 1990. Such plan shall provide
19 ambulatory prenatal care to pregnant women during a
20 presumptive eligibility period and establish an income
21 eligibility standard that is equal to 133% of the nonfarm
22 income official poverty line, as defined by the federal
23 Office of Management and Budget and revised annually in
24 accordance with Section 673(2) of the Omnibus Budget
25 Reconciliation Act of 1981, applicable to families of the
26 same size, provided that costs incurred for medical care
27 are not taken into account in determining such income
28 eligibility.
29 (c) The Illinois Department may conduct a
30 demonstration in at least one county that will provide
31 medical assistance to pregnant women, together with their
32 infants and children up to one year of age, where the
33 income eligibility standard is set up to 185% of the
34 nonfarm income official poverty line, as defined by the
-32- LRB9112936EGfgam01
1 federal Office of Management and Budget. The Illinois
2 Department shall seek and obtain necessary authorization
3 provided under federal law to implement such a
4 demonstration. Such demonstration may establish resource
5 standards that are not more restrictive than those
6 established under Article IV of this Code.
7 6. Persons under the age of 18 who fail to qualify as
8 dependent under Article IV and who have insufficient income
9 and resources to meet the costs of necessary medical care to
10 the maximum extent permitted under Title XIX of the Federal
11 Social Security Act.
12 7. Persons who are 18 years of age or younger and would
13 qualify as disabled as defined under the Federal Supplemental
14 Security Income Program, provided medical service for such
15 persons would be eligible for Federal Financial
16 Participation, and provided the Illinois Department
17 determines that:
18 (a) the person requires a level of care provided by
19 a hospital, skilled nursing facility, or intermediate
20 care facility, as determined by a physician licensed to
21 practice medicine in all its branches;
22 (b) it is appropriate to provide such care outside
23 of an institution, as determined by a physician licensed
24 to practice medicine in all its branches;
25 (c) the estimated amount which would be expended
26 for care outside the institution is not greater than the
27 estimated amount which would be expended in an
28 institution.
29 8. Persons who become ineligible for basic maintenance
30 assistance under Article IV of this Code in programs
31 administered by the Illinois Department due to employment
32 earnings and persons in assistance units comprised of adults
33 and children who become ineligible for basic maintenance
34 assistance under Article VI of this Code due to employment
-33- LRB9112936EGfgam01
1 earnings. The plan for coverage for this class of persons
2 shall:
3 (a) extend the medical assistance coverage for up
4 to 12 months following termination of basic maintenance
5 assistance; and
6 (b) offer persons who have initially received 6
7 months of the coverage provided in paragraph (a) above,
8 the option of receiving an additional 6 months of
9 coverage, subject to the following:
10 (i) such coverage shall be pursuant to
11 provisions of the federal Social Security Act;
12 (ii) such coverage shall include all services
13 covered while the person was eligible for basic
14 maintenance assistance;
15 (iii) no premium shall be charged for such
16 coverage; and
17 (iv) such coverage shall be suspended in the
18 event of a person's failure without good cause to
19 file in a timely fashion reports required for this
20 coverage under the Social Security Act and coverage
21 shall be reinstated upon the filing of such reports
22 if the person remains otherwise eligible.
23 9. Persons with acquired immunodeficiency syndrome
24 (AIDS) or with AIDS-related conditions with respect to whom
25 there has been a determination that but for home or
26 community-based services such individuals would require the
27 level of care provided in an inpatient hospital, skilled
28 nursing facility or intermediate care facility the cost of
29 which is reimbursed under this Article. Assistance shall be
30 provided to such persons to the maximum extent permitted
31 under Title XIX of the Federal Social Security Act.
32 10. Participants in the long-term care insurance
33 partnership program established under the Partnership for
34 Long-Term Care Act who meet the qualifications for protection
-34- LRB9112936EGfgam01
1 of resources described in Section 25 of that Act.
2 11. Persons with disabilities who are employed and
3 eligible for Medicaid, pursuant to Section
4 1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
5 provided by the Illinois Department by rule.
6 The Illinois Department and the Governor shall provide a
7 plan for coverage of the persons eligible under paragraph 7
8 as soon as possible after July 1, 1984.
9 The eligibility of any such person for medical assistance
10 under this Article is not affected by the payment of any
11 grant under the Senior Citizens and Disabled Persons Property
12 Tax Relief and Pharmaceutical Assistance Act or any
13 distributions or items of income described under subparagraph
14 (X) of paragraph (2) of subsection (a) of Section 203 of the
15 Illinois Income Tax Act. The Department shall by rule
16 establish the amounts of assets to be disregarded in
17 determining eligibility for medical assistance, which shall
18 at a minimum equal the amounts to be disregarded under the
19 Federal Supplemental Security Income Program. The amount of
20 assets of a single person to be disregarded shall not be less
21 than $2,000, and the amount of assets of a married couple to
22 be disregarded shall not be less than $3,000.
23 To the extent permitted under federal law, any person
24 found guilty of a second violation of Article VIIIA shall be
25 ineligible for medical assistance under this Article, as
26 provided in Section 8A-8.
27 The eligibility of any person for medical assistance
28 under this Article shall not be affected by the receipt by
29 the person of donations or benefits from fundraisers held for
30 the person in cases of serious illness, as long as neither
31 the person nor members of the person's family have actual
32 control over the donations or benefits or the disbursement of
33 the donations or benefits.
34 (Source: P.A. 91-676, eff. 12-23-99.)
-35- LRB9112936EGfgam01
1 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
2 Sec. 5-5.4. Standards of Payment - Department of Public
3 Aid. The Department of Public Aid shall develop standards of
4 payment of skilled nursing and intermediate care services in
5 facilities providing such services under this Article which:
6 (1) Provides for the determination of a facility's
7 payment for skilled nursing and intermediate care services on
8 a prospective basis. The amount of the payment rate for all
9 nursing facilities certified under the medical assistance
10 program shall be prospectively established annually on the
11 basis of historical, financial, and statistical data
12 reflecting actual costs from prior years, which shall be
13 applied to the current rate year and updated for inflation,
14 except that the capital cost element for newly constructed
15 facilities shall be based upon projected budgets. The
16 annually established payment rate shall take effect on July 1
17 in 1984 and subsequent years. Rate increases shall be
18 provided annually thereafter on July 1 in 1984 and on each
19 subsequent July 1 in the following years, except that no rate
20 increase and no update for inflation shall be provided on or
21 after July 1, 1994 and before July 1, 2000, unless
22 specifically provided for in this Section.
23 For facilities licensed by the Department of Public
24 Health under the Nursing Home Care Act as Intermediate Care
25 for the Developmentally Disabled facilities or Long Term Care
26 for Under Age 22 facilities, the rates taking effect on July
27 1, 1998 shall include an increase of 3%. For facilities
28 licensed by the Department of Public Health under the Nursing
29 Home Care Act as Skilled Nursing facilities or Intermediate
30 Care facilities, the rates taking effect on July 1, 1998
31 shall include an increase of 3% plus $1.10 per resident-day,
32 as defined by the Department.
33 For facilities licensed by the Department of Public
34 Health under the Nursing Home Care Act as Intermediate Care
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1 for the Developmentally Disabled facilities or Long Term Care
2 for Under Age 22 facilities, the rates taking effect on July
3 1, 1999 shall include an increase of 1.6% plus $3.00 per
4 resident-day, as defined by the Department. For facilities
5 licensed by the Department of Public Health under the Nursing
6 Home Care Act as Skilled Nursing facilities or Intermediate
7 Care facilities, the rates taking effect on July 1, 1999
8 shall include an increase of 1.6% and, for services provided
9 on or after October 1, 1999, shall be increased by $4.00 per
10 resident-day, as defined by the Department.
11 For facilities licensed by the Department of Public
12 Health under the Nursing Home Care Act as Intermediate Care
13 for the Developmentally Disabled facilities or Long Term Care
14 for Under Age 22 facilities, the rates taking effect on July
15 1, 2000 shall include an increase of 2.5% per resident-day,
16 as defined by the Department. For facilities licensed by the
17 Department of Public Health under the Nursing Home Care Act
18 as Skilled Nursing facilities or Intermediate Care
19 facilities, the rates taking effect on July 1, 2000 shall
20 include an increase of 2.5% per resident-day, as defined by
21 the Department.
22 Rates established effective each July 1 shall govern
23 payment for services rendered throughout that fiscal year,
24 except that rates established on July 1, 1996 shall be
25 increased by 6.8% for services provided on or after January
26 1, 1997. Such rates will be based upon the rates calculated
27 for the year beginning July 1, 1990, and for subsequent years
28 thereafter shall be based on the facility cost reports for
29 the facility fiscal year ending at any point in time during
30 the previous calendar year, updated to the midpoint of the
31 rate year. The cost report shall be on file with the
32 Department no later than April 1 of the current rate year.
33 Should the cost report not be on file by April 1, the
34 Department shall base the rate on the latest cost report
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1 filed by each skilled care facility and intermediate care
2 facility, updated to the midpoint of the current rate year.
3 In determining rates for services rendered on and after July
4 1, 1985, fixed time shall not be computed at less than zero.
5 The Department shall not make any alterations of regulations
6 which would reduce any component of the Medicaid rate to a
7 level below what that component would have been utilizing in
8 the rate effective on July 1, 1984.
9 (2) Shall take into account the actual costs incurred by
10 facilities in providing services for recipients of skilled
11 nursing and intermediate care services under the medical
12 assistance program.
13 (3) Shall take into account the medical and
14 psycho-social characteristics and needs of the patients.
15 (4) Shall take into account the actual costs incurred by
16 facilities in meeting licensing and certification standards
17 imposed and prescribed by the State of Illinois, any of its
18 political subdivisions or municipalities and by the U.S.
19 United States Department of Health and Human Services,
20 Education and Welfare pursuant to Title XIX of the Social
21 Security Act.
22 The Department of Public Aid shall develop precise
23 standards for payments to reimburse nursing facilities for
24 any utilization of appropriate rehabilitative personnel for
25 the provision of rehabilitative services which is authorized
26 by federal regulations, including reimbursement for services
27 provided by qualified therapists or qualified assistants, and
28 which is in accordance with accepted professional practices.
29 Reimbursement also may be made for utilization of other
30 supportive personnel under appropriate supervision.
31 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24,
32 eff. 7-1-99.)
33 (305 ILCS 5/10-26)
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1 Sec. 10-26. State Disbursement Unit.
2 (a) Effective October 1, 1999 the Illinois Department
3 shall establish a State Disbursement Unit in accordance with
4 the requirements of Title IV-D of the Social Security Act.
5 The Illinois Department shall enter into an agreement with a
6 State or local governmental unit or private entity to perform
7 the functions of the State Disbursement Unit as set forth in
8 this Section. The State Disbursement Unit shall collect and
9 disburse support payments made under court and administrative
10 support orders:
11 (1) being enforced in cases in which child and
12 spouse support services are being provided under this
13 Article X; and
14 (2) in all cases in which child and spouse support
15 services are not being provided under this Article X and
16 in which support payments are made under the provisions
17 of the Income Withholding for Support Act.
18 (a-5) If the State Disbursement Unit receives a support
19 payment that was not appropriately made to the Unit under
20 this Section, the Unit shall immediately return the payment
21 to the sender, including, if possible, instructions detailing
22 where to send the support payments.
23 (b) All payments received by the State Disbursement
24 Unit:
25 (1) shall be deposited into an account obtained by
26 the State or local governmental unit or private entity,
27 as the case may be, and
28 (2) distributed and disbursed by the State
29 Disbursement Unit, in accordance with the directions of
30 the Illinois Department, pursuant to Title IV-D of the
31 Social Security Act and rules promulgated by the
32 Department.
33 (c) All support payments assigned to the Illinois
34 Department under Article X of this Code and rules promulgated
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1 by the Illinois Department that are disbursed to the Illinois
2 Department by the State Disbursement Unit shall be paid into
3 the Child Support Enforcement Trust Fund.
4 (d) If the agreement with the State or local
5 governmental unit or private entity provided for in this
6 Section is not in effect for any reason, the Department shall
7 perform the functions of the State Disbursement Unit as set
8 forth in this Section for a maximum of 12 months. Payments
9 received by the Department in performance of the duties of
10 the State Disbursement Unit shall be deposited into the State
11 Disbursement Unit Revolving Fund established under Section
12 12-8.1.
13 (e) By February 1, 2000, the Illinois Department shall
14 conduct at least 4 regional training and educational seminars
15 to educate the clerks of the circuit court on the general
16 operation of the State Disbursement Unit, the role of the
17 State Disbursement Unit, and the role of the clerks of the
18 circuit court in the collection and distribution of child
19 support payments.
20 (f) By March 1, 2000, the Illinois Department shall
21 conduct at least 4 regional educational and training seminars
22 to educate payors, as defined in the Income Withholding for
23 Support Act, on the general operation of the State
24 Disbursement Unit, the role of the State Disbursement Unit,
25 and the distribution of income withholding payments pursuant
26 to this Section and the Income Withholding for Support Act.
27 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
28 (305 ILCS 5/12-4.34)
29 (Section scheduled to be repealed on August 31, 2000)
30 Sec. 12-4.34. Services to noncitizens.
31 (a) Subject to specific appropriation for this purpose
32 and notwithstanding Sections 1-11 and 3-1 of this Code, the
33 Department of Human Services is authorized to provide
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1 services to legal immigrants, including but not limited to
2 naturalization and nutrition services and financial
3 assistance. The nature of these services, payment levels,
4 and eligibility conditions shall be determined by rule.
5 (b) The Illinois Department is authorized to lower the
6 payment levels established under this subsection or take such
7 other actions during the fiscal year as are necessary to
8 ensure that payments under this subsection do not exceed the
9 amounts appropriated for this purpose. These changes may be
10 accomplished by emergency rule under Section 5-45 of the
11 Illinois Administrative Procedure Act, except that the
12 limitation on the number of emergency rules that may be
13 adopted in a 24-month period shall not apply.
14 (c) This Section is repealed on August 31, 2001 2000.
15 (Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98;
16 91-24, eff. 7-1-99.)
17 (305 ILCS 5/12-8.1 new)
18 Sec. 12-8.1. State Disbursement Unit Revolving Fund.
19 (a) There is created a revolving fund to be known as the
20 State Disbursement Unit Revolving Fund, to be held by the
21 State Treasurer as ex officio custodian, for the following
22 purposes:
23 (1) the deposit of all support payments received by
24 the Illinois Department's State Disbursement Unit; and
25 (2) the disbursement of such payments in accordance
26 with the provisions of Title IV-D of the Social Security
27 Act and rules promulgated by the Department.
28 (b) The provisions of this Section shall apply only if
29 the Department performs the functions of the State
30 Disbursement Unit under paragraph (d) of Section 10-26.
31 (c) Moneys in the State Disbursement Unit Revolving Fund
32 shall be expended upon the direction of the Director.
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1 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
2 Sec. 12-10.2. The Child Support Enforcement Trust Fund.
3 (a) The Child Support Enforcement Trust Fund, to be held
4 by the State Treasurer as ex-officio custodian outside the
5 State Treasury, pursuant to the Child Support Enforcement
6 Program established by Title IV-D of the Social Security Act,
7 shall consist of:
8 (1) all support payments assigned to the Illinois
9 Department under Article X of this Code and rules
10 promulgated by the Illinois Department that are disbursed
11 to the Illinois Department by the State Disbursement Unit
12 established under Section 10-26, and
13 (2) all support payments received by the Illinois
14 Department as a result of the Child Support Enforcement
15 Program established by Title IV-D of the Social Security
16 Act that are not required or directed to be paid to the
17 State Disbursement Unit established under Section 10-26,
18 (3) all federal grants received by the Illinois
19 Department funded by Title IV-D of the Social Security
20 Act, except those federal funds received under the Title
21 IV-D program as reimbursement for expenditures from the
22 General Revenue Fund, and
23 (4) (3) incentive payments received by the Illinois
24 Department from other states or political subdivisions of
25 other states for the enforcement and collection by the
26 Department of an assigned child support obligation in
27 behalf of such other states or their political
28 subdivisions pursuant to the provisions of Title IV-D of
29 the Social Security Act, and
30 (5) (4) incentive payments retained by the Illinois
31 Department from the amounts which otherwise would be paid
32 to the federal government to reimburse the federal
33 government's share of the support collection for the
34 Department's enforcement and collection of an assigned
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1 support obligation on behalf of the State of Illinois
2 pursuant to the provisions of Title IV-D of the Social
3 Security Act, and
4 (6) (5) all fees charged by the Department for
5 child support enforcement services, as authorized under
6 Title IV-D of the Social Security Act and Section 10-1 of
7 this Code, and any other fees, costs, fines, recoveries,
8 or penalties provided for by State or federal law and
9 received by the Department under the Child Support
10 Enforcement Program established by Title IV-D of the
11 Social Security Act, and
12 (7) (6) all amounts appropriated by the General
13 Assembly for deposit into the Fund, and
14 (8) (7) any gifts, grants, donations, or awards
15 from individuals, private businesses, nonprofit
16 associations, and governmental entities.
17 (b) Disbursements from this Fund shall be only for the
18 following purposes:
19 (1) for the reimbursement of funds received by the
20 Illinois Department through error or mistake, and
21 (2) for payments to non-recipients, current
22 recipients, and former recipients of financial aid of
23 support payments received on their behalf under Article X
24 of this Code that are not required to be disbursed by the
25 State Disbursement Unit established under Section 10.26,
26 (3) for any other payments required by law to be
27 paid by the Illinois Department to non-recipients,
28 current recipients, and former recipients (blank), and
29 (4) (3) for payment of any administrative expenses,
30 including payment to the Health Insurance Reserve Fund
31 for group insurance costs at the rate certified by the
32 Department of Central Management Services, except those
33 required to be paid from the General Revenue Fund,
34 including personal and contractual services, incurred in
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1 performing the Title IV-D activities authorized by
2 Article X of this Code, and
3 (5) (4) for the reimbursement of the Public
4 Assistance Emergency Revolving Fund for expenditures made
5 from that Fund for payments to former recipients of
6 public aid for child support made to the Illinois
7 Department when the former public aid recipient is
8 legally entitled to all or part of the child support
9 payments, pursuant to the provisions of Title IV-D of the
10 Social Security Act, and
11 (6) (5) for the payment of incentive amounts owed
12 to other states or political subdivisions of other states
13 that enforce and collect an assigned support obligation
14 on behalf of the State of Illinois pursuant to the
15 provisions of Title IV-D of the Social Security Act, and
16 (7) (6) for the payment of incentive amounts owed
17 to political subdivisions of the State of Illinois that
18 enforce and collect an assigned support obligation on
19 behalf of the State pursuant to the provisions of Title
20 IV-D of the Social Security Act, and
21 (8) (7) for payments of any amounts which are
22 reimbursable to the Federal government which are required
23 to be paid by State warrant by either the State or
24 Federal government.
25 Disbursements from this Fund shall be by warrants drawn
26 by the State Comptroller on receipt of vouchers duly executed
27 and certified by the Illinois Department or any other State
28 agency that receives an appropriation from the Fund.
29 (Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98;
30 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; revised 10-7-99.)
31 (305 ILCS 5/12-10.4)
32 Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid
33 Matching Fund. There is created in the State Treasury the
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1 Juvenile Rehabilitation Services Medicaid Matching Fund.
2 Deposits to this Fund shall consist of all moneys received
3 from the federal government for behavioral health services
4 secured by counties under the Medicaid Rehabilitation Option
5 pursuant to Title XIX of the Social Security Act or under the
6 Children's Health Insurance Program pursuant to the
7 Children's Health Insurance Program Act and Title XXI of the
8 Social Security Act for minors who are committed to mental
9 health facilities by the Illinois court system and for
10 residential placements secured by the Department of
11 Corrections for minors as a condition of their parole.
12 Disbursements from the Fund shall be made, subject to
13 appropriation, by the Illinois Department of Public Aid for
14 grants to the Department of Corrections and those counties
15 which secure behavioral health services ordered by the courts
16 and which have an interagency agreement with the Department
17 and submit detailed bills according to standards determined
18 by the Department.
19 (Source: P.A. 90-587, eff. 7-1-98; 91-266, eff. 7-23-99.)
20 Section 58. The Illinois Aeronautics Act is amended by
21 changing Section 34b as follows:
22 (620 ILCS 5/34b)
23 Sec. 34b. Airport Land Loan Program.
24 (a) The Department may make loans to public airport
25 owners for the purchase of any real estate interests as may
26 be needed for essential airport purposes, including future
27 needs, subject to the following conditions:
28 (1) loans may be made only to public airport owners
29 that are operating an airport as of January 1, 1999; and
30 (2) loans may not be made for airports that provide
31 scheduled commercial air service in counties of greater
32 than 5,000,000 population.
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1 The loans are payable from the Airport Land Loan
2 Revolving Fund, subject to appropriation. All repayments of
3 loans made pursuant to this Section, including interest
4 thereon and penalties, shall be deposited in the Airport Land
5 Loan Revolving Fund. The Treasurer shall deposit all
6 investment earnings arising from balances in the Airport Land
7 Loan Revolving Fund in that Fund.
8 (b) All loans under this Section shall be made by
9 contract between the Department and the public airport owner,
10 which contract shall include the following provisions:
11 (1) The annual rate of interest shall be the lesser
12 of (A) 2 percent below the Prime Rate charged by banks,
13 as published by the Federal Reserve Board, in effect at
14 the time the Department approves the loan, or (B) a rate
15 determined by the Department, after consultation with the
16 Bureau of the Budget, that will not adversely affect the
17 tax-exempt status of interest on the bonds of the State
18 issued in whole or in part to make deposits into the
19 Airport Land Loan Revolving Fund, nor diminish the
20 benefit to the State of the tax-exempt status of the
21 interest on such bonds but in no event shall less than 2
22 percent be charged.
23 (2) The term of any loan shall not exceed five
24 years, but it may be for less by mutual agreement.
25 (3) Loan payments shall be scheduled in equal
26 amounts for the periods determined under paragraph (4) of
27 this Section. The loan payments shall be calculated so
28 that the loan is completely repaid, with interest, on
29 outstanding balances, by the end of the term determined
30 under paragraph (2) of this Section. There shall be no
31 penalty for early payment ahead of the payment schedule.
32 (4) The period of loan payments shall be annual,
33 unless by mutual agreement a period of less than one year
34 is chosen.
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1 (5) The loan shall be secured with the land
2 purchased, in whole or in part, with the loan and
3 considered as collateral. The public airport owner shall
4 assign a first priority interest in the property to the
5 State.
6 (6) If the loan payment is not made within 15 days
7 after the scheduled date determined under paragraph (3)
8 of this Section, a penalty of 10% of the payment shall be
9 assessed. If 30 days after the scheduled payment date no
10 payment has been received, the loan shall be considered
11 in default.
12 (7) As soon as a loan is considered in default, the
13 Department shall notify the public airport owner and
14 attempt to enter into a renegotiation of the loan payment
15 amounts and schedule determined under paragraph (3) of
16 this Section. In no case shall the term of the loan be
17 extended beyond the initial term determined under
18 paragraph (2) of this Section; nor shall the interest
19 rate be lowered nor any interest be forgiven. If a
20 renegotiation of loan payment amounts and schedule is
21 obtained to the Department's satisfaction within 30 days
22 of notification of default, then the new payment schedule
23 shall replace the one determined by paragraph (3) of this
24 Section and shall be used to measure compliance with the
25 loan for purposes of default. If after 30 days of
26 notification of default the Department has not obtained a
27 renegotiation to its satisfaction, the Department shall
28 declare the loan balance due and payable immediately. If
29 the public airport owner cannot immediately pay the
30 balance of the loan, the Department shall proceed to
31 foreclose.
32 (c) The Department may promulgate any rules that it
33 finds appropriate to implement this Airport Land Loan
34 Program.
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1 (d) The Airport Land Loan Revolving Fund is created in
2 the State Treasury.
3 (Source: P.A. 91-543, eff. 8-14-99.)
4 Section 60. The Unemployment Insurance Act is amended by
5 changing Section 1300 as follows:
6 (820 ILCS 405/1300) (from Ch. 48, par. 540)
7 Sec. 1300. Waiver or transfer of benefit rights -
8 Partial exemption.
9 (A) Except as otherwise provided herein any agreement by
10 an individual to waive, release or commute his rights under
11 this Act shall be void.
12 (B) Benefits due under this Act shall not be assigned,
13 pledged, encumbered, released or commuted and shall be exempt
14 from all claims of creditors and from levy, execution and
15 attachment or other remedy for recovery or collection of a
16 debt. However, nothing in this Section shall prohibit a
17 specified or agreed upon deduction from benefits by an
18 individual, or a court or administrative order for
19 withholding of income, for payment of past due child support
20 from being enforced and collected by the Department of Public
21 Aid on behalf of persons receiving a grant of financial aid
22 under Article IV of the Illinois Public Aid Code, persons for
23 whom an application has been made and approved for support
24 services under Section 10-1 of such Code, or persons
25 similarly situated and receiving like support services in
26 other states. It is provided that:
27 (1) The aforementioned deduction of benefits and
28 order for withholding of income apply only if appropriate
29 arrangements have been made for reimbursement to the
30 Director by the Department of Public Aid for any
31 administrative costs incurred by the Director under this
32 Section.
-48- LRB9112936EGfgam01
1 (2) The Director shall deduct and withhold from
2 benefits payable under this Act, or under any arrangement
3 for the payment of benefits entered into by the Director
4 pursuant to the powers granted under Section 2700 of this
5 Act, the amount specified or agreed upon. In the case of
6 a court or administrative order for withholding of
7 income, the Director shall withhold the amount of the
8 order.
9 (3) Any amount deducted and withheld by the
10 Director shall be paid to the Department of Public Aid or
11 the State Disbursement Unit established under Section
12 10-26 of the Illinois Public Aid Code, as directed by the
13 Department of Public Aid, on behalf of the individual.
14 (4) Any amount deducted and withheld under
15 subsection (3) shall for all purposes be treated as if it
16 were paid to the individual as benefits and paid by such
17 individual to the Department of Public Aid or the State
18 Disbursement Unit in satisfaction of the individual's
19 child support obligations.
20 (5) For the purpose of this Section, child support
21 is defined as those obligations which are being enforced
22 pursuant to a plan described in Title IV, Part D, Section
23 454 of the Social Security Act and approved by the
24 Secretary of Health and Human Services.
25 (6) The deduction of benefits and order for
26 withholding of income for child support shall be governed
27 by Titles III and IV of the Social Security Act and all
28 regulations duly promulgated thereunder.
29 (C) Nothing in this Section prohibits an individual from
30 voluntarily electing to have federal income tax deducted and
31 withheld from his or her unemployment insurance benefit
32 payments.
33 (1) The Director shall, at the time that an
34 individual files his or her claim for benefits that
-49- LRB9112936EGfgam01
1 establishes his or her benefit year, inform the
2 individual that:
3 (a) unemployment insurance is subject to
4 federal, State, and local income taxes;
5 (b) requirements exist pertaining to estimated
6 tax payments;
7 (c) the individual may elect to have federal
8 income tax deducted and withheld from his or her
9 payments of unemployment insurance in the amount
10 specified in the federal Internal Revenue Code; and
11 (d) the individual is permitted to change a
12 previously elected withholding status.
13 (2) Amounts deducted and withheld from unemployment
14 insurance shall remain in the unemployment fund until
15 transferred to the federal taxing authority as a payment
16 of income tax.
17 (3) The Director shall follow all procedures
18 specified by the United States Department of Labor and
19 the federal Internal Revenue Service pertaining to the
20 deducting and withholding of income tax.
21 (4) Amounts shall be deducted and withheld in
22 accordance with the priorities established in rules
23 promulgated by the Director.
24 (D) Nothing in this Section prohibits an individual from
25 voluntarily electing to have State of Illinois income tax
26 deducted and withheld from his or her unemployment insurance
27 benefit payments if such deduction and withholding is
28 provided for pursuant to rules promulgated by the Director.
29 (1) If pursuant to rules promulgated by the
30 Director, an individual may voluntarily elect to have
31 State of Illinois income tax deducted and withheld from
32 his or her unemployment insurance benefit payments, the
33 Director shall, at the time that an individual files his
34 or her claim for benefits that establishes his or her
-50- LRB9112936EGfgam01
1 benefit year, in addition to providing the notice
2 required under subsection C, inform the individual that:
3 (a) the individual may elect to have State of
4 Illinois income tax deducted and withheld from his
5 or her payments of unemployment insurance in the
6 amount specified pursuant to rules promulgated by
7 the Director; and
8 (b) the individual is permitted to change a
9 previously elected withholding status.
10 (2) Amounts deducted and withheld from unemployment
11 insurance shall remain in the unemployment fund until
12 transferred to the Department of Revenue as a payment of
13 State of Illinois income tax.
14 (3) Amounts shall be deducted and withheld in
15 accordance with the priorities established in rules
16 promulgated by the Director.
17 (E) Nothing in this Section prohibits the deduction and
18 withholding of an uncollected overissuance of food stamp
19 coupons from unemployment insurance benefits pursuant to this
20 subsection (E).
21 (1) At the time that an individual files a claim
22 for benefits that establishes his or her benefit year,
23 that individual must disclose whether or not he or she
24 owes an uncollected overissuance (as defined in Section
25 13(c)(1) of the federal Food Stamp Act of 1977) of food
26 stamp coupons. The Director shall notify the State food
27 stamp agency enforcing such obligation of any individual
28 who discloses that he or she owes an uncollected
29 overissuance of food stamp coupons and who meets the
30 monetary eligibility requirements of subsection E of
31 Section 500.
32 (2) The Director shall deduct and withhold from any
33 unemployment insurance benefits payable to an individual
34 who owes an uncollected overissuance of food stamp
-51- LRB9112936EGfgam01
1 coupons:
2 (a) the amount specified by the individual to
3 the Director to be deducted and withheld under this
4 subsection (E);
5 (b) the amount (if any) determined pursuant to
6 an agreement submitted to the State food stamp
7 agency under Section 13(c)(3)(A) of the federal Food
8 Stamp Act of 1977; or
9 (c) any amount otherwise required to be
10 deducted and withheld from unemployment insurance
11 benefits pursuant to Section 13(c)(3)(B) of the
12 federal Food Stamp Act of 1977.
13 (3) Any amount deducted and withheld pursuant to
14 this subsection (E) shall be paid by the Director to the
15 State food stamp agency.
16 (4) Any amount deducted and withheld pursuant to
17 this subsection (E) shall for all purposes be treated as
18 if it were paid to the individual as unemployment
19 insurance benefits and paid by the individual to the
20 State food stamp agency as repayment of the individual's
21 uncollected overissuance of food stamp coupons.
22 (5) For purposes of this subsection (E),
23 "unemployment insurance benefits" means any compensation
24 payable under this Act including amounts payable by the
25 Director pursuant to an agreement under any federal law
26 providing for compensation, assistance, or allowances
27 with respect to unemployment.
28 (6) This subsection (E) applies only if
29 arrangements have been made for reimbursement by the
30 State food stamp agency for the administrative costs
31 incurred by the Director under this subsection (E) which
32 are attributable to the repayment of uncollected
33 overissuances of food stamp coupons to the State food
34 stamp agency.
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1 (Source: P.A. 90-425, eff. 8-15-97; 90-554, eff. 12-12-97;
2 91-212, eff. 7-20-99.)
3 Section 99. Effective date. This Act takes effect July
4 1, 2000.".