Bill Text: IL SB1928 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Guardianship and Advocacy Act. Provides that Guardianship and Advocacy Commission, acting on a request from the Director of the Guardianship and Advocacy Commission, may disapprove any action of a regional authority, in which case the regional authority shall cease such action. Provides that the Commission shall operate subject to the provisions of the Illinois Procurement Code (instead of the Illinois Purchasing Act). Provides that the Director shall carry out the policies and programs of the Commission and coordinate the activities of its divisions and may delegate to the Human Rights Authority Director any specified duties. Transfers the authority of certain appointment duties from the Commission to the Director. Provides that reassignments of investigations for conflicts of interest and refusals to investigate shall be reviewed and approved by the Director and the Director may seek direction from the Commission. Provides that a regional authority may conduct investigations upon its own initiative if it has reason to believe that the rights of an eligible person have been violated in the region in which the authority sits, unless the Director (rather than Commission) finds that a conflict of interest exists and directs another regional authority to conduct the investigation. Provides that closed meetings by a regional authority are subject to the provisions of the Open Meetings Act. Transfers the authority for referrals for further action from the Commission to the Director. Provides that a regional authority may, by acting through the Director, propose to the Commission legislation for the purpose of safeguarding the rights of eligible persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-28 - Public Act . . . . . . . . . 96-0786 [SB1928 Detail]
Download: Illinois-2009-SB1928-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by changing | ||||||
5 | Section 8h and adding Section 5.719 as follows:
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6 | (30 ILCS 105/5.719 new) | ||||||
7 | Sec. 5.719. The Department of Human Rights Special Fund.
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8 | (30 ILCS 105/8h)
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9 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
10 | (a) Except as otherwise provided in this Section and | ||||||
11 | Section 8n of this Act, and
notwithstanding any other
State law | ||||||
12 | to the contrary, the Governor
may, through June 30, 2007, from | ||||||
13 | time to time direct the State Treasurer and Comptroller to | ||||||
14 | transfer
a specified sum from any fund held by the State | ||||||
15 | Treasurer to the General
Revenue Fund in order to help defray | ||||||
16 | the State's operating costs for the
fiscal year. The total | ||||||
17 | transfer under this Section from any fund in any
fiscal year | ||||||
18 | shall not exceed the lesser of (i) 8% of the revenues to be | ||||||
19 | deposited
into the fund during that fiscal year or (ii) an | ||||||
20 | amount that leaves a remaining fund balance of 25% of the July | ||||||
21 | 1 fund balance of that fiscal year. In fiscal year 2005 only, | ||||||
22 | prior to calculating the July 1, 2004 final balances, the |
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1 | Governor may calculate and direct the State Treasurer with the | ||||||
2 | Comptroller to transfer additional amounts determined by | ||||||
3 | applying the formula authorized in Public Act 93-839 to the | ||||||
4 | funds balances on July 1, 2003.
No transfer may be made from a | ||||||
5 | fund under this Section that would have the
effect of reducing | ||||||
6 | the available balance in the fund to an amount less than
the | ||||||
7 | amount remaining unexpended and unreserved from the total | ||||||
8 | appropriation
from that fund estimated to be expended for that | ||||||
9 | fiscal year. This Section does not apply to any
funds that are | ||||||
10 | restricted by federal law to a specific use, to any funds in
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11 | the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | ||||||
12 | Hospital Provider Fund, the Medicaid Provider Relief Fund, the | ||||||
13 | Teacher Health Insurance Security Fund, the Reviewing Court | ||||||
14 | Alternative Dispute Resolution Fund, the Voters' Guide Fund, | ||||||
15 | the Foreign Language Interpreter Fund, the Lawyers' Assistance | ||||||
16 | Program Fund, the Supreme Court Federal Projects Fund, the | ||||||
17 | Supreme Court Special State Projects Fund, the Supplemental | ||||||
18 | Low-Income Energy Assistance Fund, the Good Samaritan Energy | ||||||
19 | Trust Fund, the Low-Level Radioactive Waste Facility | ||||||
20 | Development and Operation Fund, the Horse Racing Equity Trust | ||||||
21 | Fund, the Metabolic Screening and Treatment Fund, or the | ||||||
22 | Hospital Basic Services Preservation Fund, or to any
funds to | ||||||
23 | which Section 70-50 of the Nurse Practice Act applies. No | ||||||
24 | transfers may be made under this Section from the Pet | ||||||
25 | Population Control Fund. Notwithstanding any
other provision | ||||||
26 | of this Section, for fiscal year 2004,
the total transfer under |
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1 | this Section from the Road Fund or the State
Construction | ||||||
2 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
3 | revenues to be deposited
into the fund during that fiscal year | ||||||
4 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
5 | year 2005 through fiscal year 2007, no amounts may be | ||||||
6 | transferred under this Section from the Road Fund, the State | ||||||
7 | Construction Account Fund, the Criminal Justice Information | ||||||
8 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
9 | Mandatory Arbitration Fund.
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10 | In determining the available balance in a fund, the | ||||||
11 | Governor
may include receipts, transfers into the fund, and | ||||||
12 | other
resources anticipated to be available in the fund in that | ||||||
13 | fiscal year.
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14 | The State Treasurer and Comptroller shall transfer the | ||||||
15 | amounts designated
under this Section as soon as may be | ||||||
16 | practicable after receiving the direction
to transfer from the | ||||||
17 | Governor.
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18 | (a-5) Transfers directed to be made under this Section on | ||||||
19 | or before February 28, 2006 that are still pending on May 19, | ||||||
20 | 2006 (the effective date of Public Act 94-774) shall be | ||||||
21 | redirected as provided in Section 8n of this Act.
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22 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
23 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
24 | Services and Resources Act; or (iii) on or after January 1, | ||||||
25 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
26 | and Day and Temporary Labor Enforcement Fund. |
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1 | (c) This Section does not apply to the Demutualization | ||||||
2 | Trust Fund established under the Uniform Disposition of | ||||||
3 | Unclaimed Property Act.
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4 | (d) This Section does not apply to moneys set aside in the | ||||||
5 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
6 | scholarships and residency programs under the Podiatric | ||||||
7 | Scholarship and Residency Act. | ||||||
8 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
9 | be made under this Section from, the Pension Stabilization | ||||||
10 | Fund.
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11 | (f) Subsection (a) does not apply to, and no transfer may | ||||||
12 | be made under this Section from, the Illinois Power Agency | ||||||
13 | Operations Fund, the Illinois Power Agency Facilities Fund, the | ||||||
14 | Illinois Power Agency Debt Service Fund, and the Illinois Power | ||||||
15 | Agency Trust Fund.
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16 | (g)
This Section does not apply to the Veterans Service | ||||||
17 | Organization Reimbursement Fund.
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18 | (h)
This Section does not apply to the Supreme Court | ||||||
19 | Historic Preservation Fund.
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20 | (i) This Section does not apply to, and no transfer may be | ||||||
21 | made under this Section from, the Money Follows the Person | ||||||
22 | Budget Transfer Fund. | ||||||
23 | (j) This Section does not apply to the Department of Human | ||||||
24 | Rights Special Fund. | ||||||
25 | (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | ||||||
26 | eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; |
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1 | 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. | ||||||
2 | 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | ||||||
3 | eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | ||||||
4 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. | ||||||
5 | 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | ||||||
6 | eff. 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; | ||||||
7 | 95-876, eff. 8-21-08.)
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8 | Section 10. The Illinois Human Rights Act is amended by | ||||||
9 | adding Section 7-113 as follows:
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10 | (775 ILCS 5/7-113 new)
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11 | Sec. 7-113. Employer report form; registration fee. When a | ||||||
12 | person files an "Employer Report Form" (PC-1) with the | ||||||
13 | Department as specified in subsection (J) of Section 2-101 to | ||||||
14 | establish eligibility to be awarded a contract by a State | ||||||
15 | agency, the person must pay a $75 registration fee. A person | ||||||
16 | must also pay a
$75 registration fee when the person files for | ||||||
17 | renewal of eligibility. These fees shall be paid into the | ||||||
18 | Department of Human Rights Special Fund, a special fund that is | ||||||
19 | created in the State treasury. Notwithstanding any other law to | ||||||
20 | the contrary, the Fund is not subject to administrative charges | ||||||
21 | or charge-backs. Moneys in the Fund shall be used solely to | ||||||
22 | fund the Department's public contract compliance monitoring | ||||||
23 | program and other Department programs and activities.
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24 | Section 99. Effective date. This Act takes effect January |
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1 | 1, 2010.
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