Rep. Robin Kelly

Amends the Illinois Public Aid Code. In provisions concerning child care for TANF recipients, provides that beginning July 1, 2004, the rates paid by the Department of Human Services to all providers of child care services who are exempt from licensure under the Child Care Act of 1969 shall be increased by an amount equal to 2% of the rates in effect on June 30, 2004. Effective July 1, 2004.

Amends the Code of Civil Procedure. Exempts from the application of the statutes of limitation and repose governing civil actions arising out of acts or omissions in the design, planning, supervision, observation, management, and construction of or improvement to real property those actions that are based on personal injury, bodily harm, or death resulting from the discharge into the environment of any pollutant, including any waste, hazardous substance, irritant, or contaminant. Prohibits a person in actual possession or control of an improvement to real property from raising those statutes of limitations and repose when any defect in that improvement results in the injury or death for which an action is proposed to be brought. Effective immediately.

Amends the Illinois Affordable Housing Act. Makes technical changes to a Section concerning the short title.

Amends the Illinois Municipal Code. Provides that applicants on the register of eligibles for appointment to fire departments who have an EMT-B, EMT-I, or EMT-P license in accordance with the Emergency Medical Services (EMS) Systems Act may be given preference in appointment over non-licensed applicants.

Amends the Illinois Public Aid Code. Provides that the Department of Public Aid may not establish any formulary limits on, or restrict by any prior authorization requirement, any insulin prescription drug as prescribed and determined to be medically necessary for the treatment of diabetes. Effective July 1, 2004.

Congratulates John Early upon his retirement from the Matteson Fire Department.

Congratulates Chief Francis G. DioGuardi on the occasion of his retirement from the Park Forest Police Department.

Creates the Department of Education Act and amends the Civil Administrative Code of Illinois, the Illinois State Auditing Act, the Illinois Pension Code, and the School Code. Creates the Department of Education, with a Secretary of Education as its head. Provides that all of the rights, powers, duties, and functions vested by law in the State Board of Education or the State Superintendent of Education (except the State Board of Education's duty under the Illinois Constitution to appoint a chief State educational officer) are transferred to the Department of Education on July 1, 2005. Provides for the transfer of personnel and property. Requires the Auditor General to conduct a financial audit of the State Board of Education. Provides that the State Board of Education's powers and duties are limited by law, as provided in the Illinois Constitution, to only the following: (i) the State Board of Education shall research current educational best practices and policies and shall report its findings to the Department of Education, (ii) the State Board of Education shall provide suggestions to the Department of Education as to the long-range implications of the practices and policies, and (iii) the State Board of Education shall consult with the Department of Education on all matters related to education-related topics. Makes other changes. Certain provisions effective July 1, 2004; other provisions effective July 1, 2005.

Creates the Comprehensive Housing, Health, and Supportive Services for Older Adults Act and amends the Illinois Health Facilities Planning Act, the State Finance Act, and the Nursing Home Care Act. Requires the Director of Public Health, in coordination with the Director of Aging and the Director of Public Aid, to monitor and analyze the distribution of housing and services for older adults in the different geographic areas of the State and implement corrective action plans by July 1, 2005. Provides for a program for conversion of nursing homes to assisted living or shared housing establishments; makes such conversions exempt from the requirements of the Illinois Health Facilities Planning Act, and provides for transition planning grants to nursing homes making such conversions. Creates special funds in the State treasury for use in implementing the Comprehensive Housing, Health, and Supportive Services for Older Adults Act. Provides for transfers from the Long Term Care Monitor/Receiver Fund to the new Nursing Home Conversion Fund and the new Nursing Home Transition Planning Grant Fund. Makes other changes. Effective immediately.

Amends the Consumer Fraud and Deceptive Business Practices Act. Applies to agreements under which an Internet service provider provides service to Illinois consumers for a one-year term that is automatically renewed for another one-year term unless a consumer cancels the service. Requires an Internet service provider to give a consumer: at least 30 days' advance notice of the annual service renewal date, which notice shall include instructions that the consumer may follow to cancel the service at the Internet service provider's web site; and a secure method at the Internet service provider's web site that the consumer may use to cancel the service, which method shall not require the consumer to make a telephone call or send U.S. Postal Service mail to effectuate the cancellation. Provides that a person who violates those provisions commits an unlawful practice within the meaning of the Act.