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1 | AN ACT concerning 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 Department of Central Management Services | ||||||
5 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
6 | changing Section 405-292 as follows:
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7 | (20 ILCS 405/405-292)
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8 | Sec. 405-292. Business processing reengineering; planning | ||||||
9 | for a more
efficient government.
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10 | (a) The Department shall be responsible for recommending to | ||||||
11 | the Governor
efficiency initiatives to reorganize, | ||||||
12 | restructure, and reengineer the business
processes of the | ||||||
13 | State. In performing this responsibility the Department shall
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14 | have the power and duty to do the following:
| ||||||
15 | (1) propose the transfer, consolidation, | ||||||
16 | reorganization, restructuring,
reengineering, or | ||||||
17 | elimination of programs, processes, or functions in order | ||||||
18 | to
attain efficiency in operations and cost savings through | ||||||
19 | the efficiency
initiatives;
| ||||||
20 | (2) control the procurement of contracted services in | ||||||
21 | connection with the
efficiency initiatives to assist in the | ||||||
22 | analysis, design, planning, and
implementation of | ||||||
23 | proposals approved by the Governor to attain efficiency in
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1 | operations and cost savings; and
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2 | (3) establish the amount of cost savings to be realized | ||||||
3 | by State agencies
from implementing the efficiency | ||||||
4 | initiatives, which may shall be paid at the direction of to | ||||||
5 | the
Department for deposit into the General Revenue | ||||||
6 | Efficiency Initiatives Revolving Fund, except that any | ||||||
7 | cost savings realized by the Illinois Department of | ||||||
8 | Transportation shall be deposited into the State | ||||||
9 | Construction Account Fund.
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10 | (b) For the purposes of this Section, "State agencies" | ||||||
11 | means all
departments, boards, commissions, and agencies of the | ||||||
12 | State of Illinois subject
to the Governor.
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13 | (Source: P.A. 93-25, eff. 6-20-03; 94-139, eff. 7-7-05.)
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14 | (20 ILCS 605/605-416 rep.) | ||||||
15 | Section 10. The Department of Commerce and Economic | ||||||
16 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
17 | amended by repealing Section 605-416. | ||||||
18 | Section 15. The Brownfields Redevelopment and Intermodal | ||||||
19 | Promotion Act is amended by changing Sections 3-15 and 3-20 as | ||||||
20 | follows: | ||||||
21 | (20 ILCS 607/3-15)
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22 | Sec. 3-15. South Suburban Brownfields Redevelopment Zone | ||||||
23 | Fund.
The South Suburban Brownfields Redevelopment Zone Fund is |
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1 | created as a special fund in the State treasury. Upon | ||||||
2 | certification of the Department of Revenue following review of | ||||||
3 | the amounts contained in the quarter-annual report required | ||||||
4 | under paragraph 4 of Section 3-50 of this Act and subject to | ||||||
5 | the limits set forth in Section 3-25 of this Act, the | ||||||
6 | Comptroller shall order transferred and the Treasurer shall | ||||||
7 | transfer from the General Revenue Fund to the South Suburban | ||||||
8 | Brownfields Redevelopment Fund an amount equal to the | ||||||
9 | incremental income tax for the previous month attributable to | ||||||
10 | new employees at finished facilities on property that was | ||||||
11 | redeveloped as part of the South Suburban Brownfields | ||||||
12 | Redevelopment Zone. These revenues may be used to pay the | ||||||
13 | Managing Partner for its administrative expenses pursuant to | ||||||
14 | Section 3-45 of this Act or to reimburse Eligible Developers or | ||||||
15 | Eligible Employers for the cost of the activities detailed | ||||||
16 | under Section 3-45 of this Act for Projects being undertaken | ||||||
17 | within the South Suburban Brownfields Redevelopment Zone.
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18 | (Source: P.A. 98-109, eff. 7-25-13.) | ||||||
19 | (20 ILCS 607/3-20)
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20 | Sec. 3-20. South Suburban Brownfields Redevelopment Fund; | ||||||
21 | eligible projects. In State fiscal years 2015 through 2021, all | ||||||
22 | moneys in the South Suburban Brownfields Redevelopment Zone | ||||||
23 | Fund shall be held solely to fund eligible projects undertaken | ||||||
24 | pursuant to the provisions of Section 3-35 of this Act and | ||||||
25 | performed either directly by Cook County through a development |
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1 | agreement with the Department, by an entity designated by Cook | ||||||
2 | County through a development agreement with the Department to | ||||||
3 | perform specific tasks, or by an Eligible Developer or an | ||||||
4 | Eligible Employer through a development agreement. All | ||||||
5 | Eligible Projects are subject to review and approval by the | ||||||
6 | Managing Partner and by the Department. The life span of the | ||||||
7 | Fund may be extended past 2026 by law.
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8 | (Source: P.A. 98-109, eff. 7-25-13.) | ||||||
9 | (20 ILCS 720/35 rep.) | ||||||
10 | Section 20. The Illinois Main Street Act is amended by | ||||||
11 | repealing Section 35.
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12 | (20 ILCS 2310/2310-352 rep.)
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13 | (20 ILCS 2310/2310-357 rep.)
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14 | (20 ILCS 2310/2310-359 rep.) | ||||||
15 | (20 ILCS 2310/2310-361 rep.) | ||||||
16 | (20 ILCS 2310/2310-399 rep.) | ||||||
17 | (20 ILCS 2310/2310-403 rep.) | ||||||
18 | (20 ILCS 2310/2310-612 rep.) | ||||||
19 | Section 25. The Department of Public Health Powers and | ||||||
20 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
21 | amended by repealing Sections 2310-352, 2310-357, 2310-359, | ||||||
22 | 2310-361, 2310-399, 2310-403, and 2310-612.
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23 | (20 ILCS 3958/Act rep.)
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1 | Section 30. The I-FLY Act is repealed. | ||||||
2 | (25 ILCS 130/4-9 rep.) | ||||||
3 | Section 35. The Legislative Commission Reorganization Act | ||||||
4 | of 1984 is amended by repealing Section 4-9. | ||||||
5 | Section 40. The State Finance Act is amended by changing | ||||||
6 | Sections 13.2 and 25 as follows:
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7 | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
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8 | Sec. 13.2. Transfers among line item appropriations. | ||||||
9 | (a) Transfers among line item appropriations from the same
| ||||||
10 | treasury fund for the objects specified in this Section may be | ||||||
11 | made in
the manner provided in this Section when the balance | ||||||
12 | remaining in one or
more such line item appropriations is | ||||||
13 | insufficient for the purpose for
which the appropriation was | ||||||
14 | made. | ||||||
15 | (a-1) No transfers may be made from one
agency to another | ||||||
16 | agency, nor may transfers be made from one institution
of | ||||||
17 | higher education to another institution of higher education | ||||||
18 | except as provided by subsection (a-4).
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19 | (a-2) Except as otherwise provided in this Section, | ||||||
20 | transfers may be made only among the objects of expenditure | ||||||
21 | enumerated
in this Section, except that no funds may be | ||||||
22 | transferred from any
appropriation for personal services, from | ||||||
23 | any appropriation for State
contributions to the State |
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1 | Employees' Retirement System, from any
separate appropriation | ||||||
2 | for employee retirement contributions paid by the
employer, nor | ||||||
3 | from any appropriation for State contribution for
employee | ||||||
4 | group insurance. During State fiscal year 2005, an agency may | ||||||
5 | transfer amounts among its appropriations within the same | ||||||
6 | treasury fund for personal services, employee retirement | ||||||
7 | contributions paid by employer, and State Contributions to | ||||||
8 | retirement systems; notwithstanding and in addition to the | ||||||
9 | transfers authorized in subsection (c) of this Section, the | ||||||
10 | fiscal year 2005 transfers authorized in this sentence may be | ||||||
11 | made in an amount not to exceed 2% of the aggregate amount | ||||||
12 | appropriated to an agency within the same treasury fund. During | ||||||
13 | State fiscal year 2007, the Departments of Children and Family | ||||||
14 | Services, Corrections, Human Services, and Juvenile Justice | ||||||
15 | may transfer amounts among their respective appropriations | ||||||
16 | within the same treasury fund for personal services, employee | ||||||
17 | retirement contributions paid by employer, and State | ||||||
18 | contributions to retirement systems. During State fiscal year | ||||||
19 | 2010, the Department of Transportation may transfer amounts | ||||||
20 | among their respective appropriations within the same treasury | ||||||
21 | fund for personal services, employee retirement contributions | ||||||
22 | paid by employer, and State contributions to retirement | ||||||
23 | systems. During State fiscal years 2010 and 2014 only, an | ||||||
24 | agency may transfer amounts among its respective | ||||||
25 | appropriations within the same treasury fund for personal | ||||||
26 | services, employee retirement contributions paid by employer, |
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1 | and State contributions to retirement systems. | ||||||
2 | Notwithstanding, and in addition to, the transfers authorized | ||||||
3 | in subsection (c) of this Section, these transfers may be made | ||||||
4 | in an amount not to exceed 2% of the aggregate amount | ||||||
5 | appropriated to an agency within the same treasury fund.
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6 | (a-2.5) During State fiscal year 2015 only, the State's | ||||||
7 | Attorneys Appellate Prosecutor may transfer amounts among its | ||||||
8 | respective appropriations contained in operational line items | ||||||
9 | within the same treasury fund. Notwithstanding, and in addition | ||||||
10 | to, the transfers authorized in subsection (c) of this Section, | ||||||
11 | these transfers may be made in an amount not to exceed 4% of | ||||||
12 | the aggregate amount appropriated to the State's Attorneys | ||||||
13 | Appellate Prosecutor within the same treasury fund. | ||||||
14 | (a-3) Further, if an agency receives a separate
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15 | appropriation for employee retirement contributions paid by | ||||||
16 | the employer,
any transfer by that agency into an appropriation | ||||||
17 | for personal services
must be accompanied by a corresponding | ||||||
18 | transfer into the appropriation for
employee retirement | ||||||
19 | contributions paid by the employer, in an amount
sufficient to | ||||||
20 | meet the employer share of the employee contributions
required | ||||||
21 | to be remitted to the retirement system. | ||||||
22 | (a-4) Long-Term Care Rebalancing. The Governor may | ||||||
23 | designate amounts set aside for institutional services | ||||||
24 | appropriated from the General Revenue Fund or any other State | ||||||
25 | fund that receives monies for long-term care services to be | ||||||
26 | transferred to all State agencies responsible for the |
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1 | administration of community-based long-term care programs, | ||||||
2 | including, but not limited to, community-based long-term care | ||||||
3 | programs administered by the Department of Healthcare and | ||||||
4 | Family Services, the Department of Human Services, and the | ||||||
5 | Department on Aging, provided that the Director of Healthcare | ||||||
6 | and Family Services first certifies that the amounts being | ||||||
7 | transferred are necessary for the purpose of assisting persons | ||||||
8 | in or at risk of being in institutional care to transition to | ||||||
9 | community-based settings, including the financial data needed | ||||||
10 | to prove the need for the transfer of funds. The total amounts | ||||||
11 | transferred shall not exceed 4% in total of the amounts | ||||||
12 | appropriated from the General Revenue Fund or any other State | ||||||
13 | fund that receives monies for long-term care services for each | ||||||
14 | fiscal year. A notice of the fund transfer must be made to the | ||||||
15 | General Assembly and posted at a minimum on the Department of | ||||||
16 | Healthcare and Family Services website, the Governor's Office | ||||||
17 | of Management and Budget website, and any other website the | ||||||
18 | Governor sees fit. These postings shall serve as notice to the | ||||||
19 | General Assembly of the amounts to be transferred. Notice shall | ||||||
20 | be given at least 30 days prior to transfer. | ||||||
21 | (b) In addition to the general transfer authority provided | ||||||
22 | under
subsection (c), the following agencies have the specific | ||||||
23 | transfer authority
granted in this subsection: | ||||||
24 | The Department of Healthcare and Family Services is | ||||||
25 | authorized to make transfers
representing savings attributable | ||||||
26 | to not increasing grants due to the
births of additional |
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1 | children from line items for payments of cash grants to
line | ||||||
2 | items for payments for employment and social services for the | ||||||
3 | purposes
outlined in subsection (f) of Section 4-2 of the | ||||||
4 | Illinois Public Aid Code. | ||||||
5 | The Department of Children and Family Services is | ||||||
6 | authorized to make
transfers not exceeding 2% of the aggregate | ||||||
7 | amount appropriated to it within
the same treasury fund for the | ||||||
8 | following line items among these same line
items: Foster Home | ||||||
9 | and Specialized Foster Care and Prevention, Institutions
and | ||||||
10 | Group Homes and Prevention, and Purchase of Adoption and | ||||||
11 | Guardianship
Services. | ||||||
12 | The Department on Aging is authorized to make transfers not
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13 | exceeding 2% of the aggregate amount appropriated to it within | ||||||
14 | the same
treasury fund for the following Community Care Program | ||||||
15 | line items among these
same line items: purchase of services | ||||||
16 | covered by the Community Care Program and Comprehensive Case | ||||||
17 | Coordination. | ||||||
18 | The State Treasurer is authorized to make transfers among | ||||||
19 | line item
appropriations
from the Capital Litigation Trust | ||||||
20 | Fund, with respect to costs incurred in
fiscal years 2002 and | ||||||
21 | 2003 only, when the balance remaining in one or
more such
line | ||||||
22 | item appropriations is insufficient for the purpose for which | ||||||
23 | the
appropriation was
made, provided that no such transfer may | ||||||
24 | be made unless the amount transferred
is no
longer required for | ||||||
25 | the purpose for which that appropriation was made. | ||||||
26 | The State Board of Education is authorized to make |
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1 | transfers from line item appropriations within the same | ||||||
2 | treasury fund for General State Aid, General State Aid - Hold | ||||||
3 | Harmless, and Evidence-Based Funding, provided that no such | ||||||
4 | transfer may be made unless the amount transferred is no longer | ||||||
5 | required for the purpose for which that appropriation was made, | ||||||
6 | to the line item appropriation for Transitional Assistance when | ||||||
7 | the balance remaining in such line item appropriation is | ||||||
8 | insufficient for the purpose for which the appropriation was | ||||||
9 | made. | ||||||
10 | The State Board of Education is authorized to make | ||||||
11 | transfers between the following line item appropriations | ||||||
12 | within the same treasury fund: Disabled Student | ||||||
13 | Services/Materials (Section 14-13.01 of the School Code), | ||||||
14 | Disabled Student Transportation Reimbursement (Section | ||||||
15 | 14-13.01 of the School Code), Disabled Student Tuition - | ||||||
16 | Private Tuition (Section 14-7.02 of the School Code), | ||||||
17 | Extraordinary Special Education (Section 14-7.02b of the | ||||||
18 | School Code), Reimbursement for Free Lunch/Breakfast Program, | ||||||
19 | Summer School Payments (Section 18-4.3 of the School Code), and | ||||||
20 | Transportation - Regular/Vocational Reimbursement (Section | ||||||
21 | 29-5 of the School Code). Such transfers shall be made only | ||||||
22 | when the balance remaining in one or more such line item | ||||||
23 | appropriations is insufficient for the purpose for which the | ||||||
24 | appropriation was made and provided that no such transfer may | ||||||
25 | be made unless the amount transferred is no longer required for | ||||||
26 | the purpose for which that appropriation was made. |
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1 | The Department of Healthcare and Family Services is | ||||||
2 | authorized to make transfers not exceeding 4% of the aggregate | ||||||
3 | amount appropriated to it, within the same treasury fund, among | ||||||
4 | the various line items appropriated for Medical Assistance. | ||||||
5 | (c) The sum of such transfers for an agency in a fiscal | ||||||
6 | year shall not
exceed 2% of the aggregate amount appropriated | ||||||
7 | to it within the same treasury
fund for the following objects: | ||||||
8 | Personal Services; Extra Help; Student and
Inmate | ||||||
9 | Compensation; State Contributions to Retirement Systems; State
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10 | Contributions to Social Security; State Contribution for | ||||||
11 | Employee Group
Insurance; Contractual Services; Travel; | ||||||
12 | Commodities; Printing; Equipment;
Electronic Data Processing; | ||||||
13 | Operation of Automotive Equipment;
Telecommunications | ||||||
14 | Services; Travel and Allowance for Committed, Paroled
and | ||||||
15 | Discharged Prisoners; Library Books; Federal Matching Grants | ||||||
16 | for
Student Loans; Refunds; Workers' Compensation, | ||||||
17 | Occupational Disease, and
Tort Claims; Late Interest Penalties | ||||||
18 | under the State Prompt Payment Act and Sections 368a and 370a | ||||||
19 | of the Illinois Insurance Code; and, in appropriations to | ||||||
20 | institutions of higher education,
Awards and Grants. | ||||||
21 | Notwithstanding the above, any amounts appropriated for
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22 | payment of workers' compensation claims to an agency to which | ||||||
23 | the authority
to evaluate, administer and pay such claims has | ||||||
24 | been delegated by the
Department of Central Management Services | ||||||
25 | may be transferred to any other
expenditure object where such | ||||||
26 | amounts exceed the amount necessary for the
payment of such |
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1 | claims. | ||||||
2 | (c-1) Special provisions for State fiscal year 2003. | ||||||
3 | Notwithstanding any
other provision of this Section to the | ||||||
4 | contrary, for State fiscal year 2003
only, transfers among line | ||||||
5 | item appropriations to an agency from the same
treasury fund | ||||||
6 | may be made provided that the sum of such transfers for an | ||||||
7 | agency
in State fiscal year 2003 shall not exceed 3% of the | ||||||
8 | aggregate amount
appropriated to that State agency for State | ||||||
9 | fiscal year 2003 for the following
objects: personal services, | ||||||
10 | except that no transfer may be approved which
reduces the | ||||||
11 | aggregate appropriations for personal services within an | ||||||
12 | agency;
extra help; student and inmate compensation; State
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13 | contributions to retirement systems; State contributions to | ||||||
14 | social security;
State contributions for employee group | ||||||
15 | insurance; contractual services; travel;
commodities; | ||||||
16 | printing; equipment; electronic data processing; operation of
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17 | automotive equipment; telecommunications services; travel and | ||||||
18 | allowance for
committed, paroled, and discharged prisoners; | ||||||
19 | library books; federal matching
grants for student loans; | ||||||
20 | refunds; workers' compensation, occupational disease,
and tort | ||||||
21 | claims; and, in appropriations to institutions of higher | ||||||
22 | education,
awards and grants. | ||||||
23 | (c-2) Special provisions for State fiscal year 2005. | ||||||
24 | Notwithstanding subsections (a), (a-2), and (c), for State | ||||||
25 | fiscal year 2005 only, transfers may be made among any line | ||||||
26 | item appropriations from the same or any other treasury fund |
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1 | for any objects or purposes, without limitation, when the | ||||||
2 | balance remaining in one or more such line item appropriations | ||||||
3 | is insufficient for the purpose for which the appropriation was | ||||||
4 | made, provided that the sum of those transfers by a State | ||||||
5 | agency shall not exceed 4% of the aggregate amount appropriated | ||||||
6 | to that State agency for fiscal year 2005.
| ||||||
7 | (c-3) Special provisions for State fiscal year 2015. | ||||||
8 | Notwithstanding any other provision of this Section, for State | ||||||
9 | fiscal year 2015, transfers among line item appropriations to a | ||||||
10 | State agency from the same State treasury fund may be made for | ||||||
11 | operational or lump sum expenses only, provided that the sum of | ||||||
12 | such transfers for a State agency in State fiscal year 2015 | ||||||
13 | shall not exceed 4% of the aggregate amount appropriated to | ||||||
14 | that State agency for operational or lump sum expenses for | ||||||
15 | State fiscal year 2015. For the purpose of this subsection, | ||||||
16 | "operational or lump sum expenses" includes the following | ||||||
17 | objects: personal services; extra help; student and inmate | ||||||
18 | compensation; State contributions to retirement systems; State | ||||||
19 | contributions to social security; State contributions for | ||||||
20 | employee group insurance; contractual services; travel; | ||||||
21 | commodities; printing; equipment; electronic data processing; | ||||||
22 | operation of automotive equipment; telecommunications | ||||||
23 | services; travel and allowance for committed, paroled, and | ||||||
24 | discharged prisoners; library books; federal matching grants | ||||||
25 | for student loans; refunds; workers' compensation, | ||||||
26 | occupational disease, and tort claims; lump sum and other |
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| |||||||
1 | purposes; and lump sum operations. For the purpose of this | ||||||
2 | subsection (c-3), "State agency" does not include the Attorney | ||||||
3 | General, the Secretary of State, the Comptroller, the | ||||||
4 | Treasurer, or the legislative or judicial branches. | ||||||
5 | (c-4) Special provisions for State fiscal year 2018. | ||||||
6 | Notwithstanding any other provision of this Section, for State | ||||||
7 | fiscal year 2018, transfers among line item appropriations to a | ||||||
8 | State agency from the same State treasury fund may be made for | ||||||
9 | operational or lump sum expenses only, provided that the sum of | ||||||
10 | such transfers for a State agency in State fiscal year 2018 | ||||||
11 | shall not exceed 4% of the aggregate amount appropriated to | ||||||
12 | that State agency for operational or lump sum expenses for | ||||||
13 | State fiscal year 2018. For the purpose of this subsection | ||||||
14 | (c-4), "operational or lump sum expenses" includes the | ||||||
15 | following objects: personal services; extra help; student and | ||||||
16 | inmate compensation; State contributions to retirement | ||||||
17 | systems; State contributions to social security; State | ||||||
18 | contributions for employee group insurance; contractual | ||||||
19 | services; travel; commodities; printing; equipment; electronic | ||||||
20 | data processing; operation of automotive equipment; | ||||||
21 | telecommunications services; travel and allowance for | ||||||
22 | committed, paroled, and discharged prisoners; library books; | ||||||
23 | federal matching grants for student loans; refunds; workers' | ||||||
24 | compensation, occupational disease, and tort claims; lump sum | ||||||
25 | and other purposes; and lump sum operations. For the purpose of | ||||||
26 | this subsection (c-4), "State agency" does not include the |
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| |||||||
1 | Attorney General, the Secretary of State, the Comptroller, the | ||||||
2 | Treasurer, or the legislative or judicial branches. | ||||||
3 | (c-5) Special provisions for State fiscal year 2019. | ||||||
4 | Notwithstanding any other provision of this Section, for State | ||||||
5 | fiscal year 2019, transfers among line item appropriations to a | ||||||
6 | State agency from the same State treasury fund may be made for | ||||||
7 | operational or lump sum expenses only, provided that the sum of | ||||||
8 | such transfers for a State agency in State fiscal year 2019 | ||||||
9 | shall not exceed 4% of the aggregate amount appropriated to | ||||||
10 | that State agency for operational or lump sum expenses for | ||||||
11 | State fiscal year 2019. For the purpose of this subsection | ||||||
12 | (c-5), "operational or lump sum expenses" includes the | ||||||
13 | following objects: personal services; extra help; student and | ||||||
14 | inmate compensation; State contributions to retirement | ||||||
15 | systems; State contributions to social security; State | ||||||
16 | contributions for employee group insurance; contractual | ||||||
17 | services; travel; commodities; printing; equipment; electronic | ||||||
18 | data processing; operation of automotive equipment; | ||||||
19 | telecommunications services; travel and allowance for | ||||||
20 | committed, paroled, and discharged prisoners; library books; | ||||||
21 | federal matching grants for student loans; refunds; workers' | ||||||
22 | compensation, occupational disease, and tort claims; lump sum | ||||||
23 | and other purposes; and lump sum operations. For the purpose of | ||||||
24 | this subsection (c-5), "State agency" does not include the | ||||||
25 | Attorney General, the Secretary of State, the Comptroller, the | ||||||
26 | Treasurer, or the legislative or judicial branches. |
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1 | (d) Transfers among appropriations made to agencies of the | ||||||
2 | Legislative
and Judicial departments and to the | ||||||
3 | constitutionally elected officers in the
Executive branch | ||||||
4 | require the approval of the officer authorized in Section 10
of | ||||||
5 | this Act to approve and certify vouchers. Transfers among | ||||||
6 | appropriations
made to the University of Illinois, Southern | ||||||
7 | Illinois University, Chicago State
University, Eastern | ||||||
8 | Illinois University, Governors State University, Illinois
| ||||||
9 | State University, Northeastern Illinois University, Northern | ||||||
10 | Illinois
University, Western Illinois University, the Illinois | ||||||
11 | Mathematics and Science
Academy and the Board of Higher | ||||||
12 | Education require the approval of the Board of
Higher Education | ||||||
13 | and the Governor. Transfers among appropriations to all other
| ||||||
14 | agencies require the approval of the Governor. | ||||||
15 | The officer responsible for approval shall certify that the
| ||||||
16 | transfer is necessary to carry out the programs and purposes | ||||||
17 | for which
the appropriations were made by the General Assembly | ||||||
18 | and shall transmit
to the State Comptroller a certified copy of | ||||||
19 | the approval which shall
set forth the specific amounts | ||||||
20 | transferred so that the Comptroller may
change his records | ||||||
21 | accordingly. The Comptroller shall furnish the
Governor with | ||||||
22 | information copies of all transfers approved for agencies
of | ||||||
23 | the Legislative and Judicial departments and transfers | ||||||
24 | approved by
the constitutionally elected officials of the | ||||||
25 | Executive branch other
than the Governor, showing the amounts | ||||||
26 | transferred and indicating the
dates such changes were entered |
| |||||||
| |||||||
1 | on the Comptroller's records. | ||||||
2 | (e) The State Board of Education, in consultation with the | ||||||
3 | State Comptroller, may transfer line item appropriations for | ||||||
4 | General State Aid or Evidence-Based Funding between the Common | ||||||
5 | School Fund and the Education Assistance Fund. With the advice | ||||||
6 | and consent of the Governor's Office of Management and Budget, | ||||||
7 | the State Board of Education, in consultation with the State | ||||||
8 | Comptroller, may transfer line item appropriations between the | ||||||
9 | General Revenue Fund and the Education Assistance Fund for the | ||||||
10 | following programs: | ||||||
11 | (1) Disabled Student Personnel Reimbursement (Section | ||||||
12 | 14-13.01 of the School Code); | ||||||
13 | (2) Disabled Student Transportation Reimbursement | ||||||
14 | (subsection (b) of Section 14-13.01 of the School Code); | ||||||
15 | (3) Disabled Student Tuition - Private Tuition | ||||||
16 | (Section 14-7.02 of the School Code); | ||||||
17 | (4) Extraordinary Special Education (Section 14-7.02b | ||||||
18 | of the School Code); | ||||||
19 | (5) Reimbursement for Free Lunch/Breakfast Programs; | ||||||
20 | (6) Summer School Payments (Section 18-4.3 of the | ||||||
21 | School Code); | ||||||
22 | (7) Transportation - Regular/Vocational Reimbursement | ||||||
23 | (Section 29-5 of the School Code); | ||||||
24 | (8) Regular Education Reimbursement (Section 18-3 of | ||||||
25 | the School Code); and | ||||||
26 | (9) Special Education Reimbursement (Section 14-7.03 |
| |||||||
| |||||||
1 | of the School Code). | ||||||
2 | (Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465, | ||||||
3 | eff. 8-31-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18; | ||||||
4 | 100-1064, eff. 8-24-18; revised 10-9-18.)
| ||||||
5 | (30 ILCS 105/25) (from Ch. 127, par. 161)
| ||||||
6 | Sec. 25. Fiscal year limitations.
| ||||||
7 | (a) All appropriations shall be
available for expenditure | ||||||
8 | for the fiscal year or for a lesser period if the
Act making | ||||||
9 | that appropriation so specifies. A deficiency or emergency
| ||||||
10 | appropriation shall be available for expenditure only through | ||||||
11 | June 30 of
the year when the Act making that appropriation is | ||||||
12 | enacted unless that Act
otherwise provides.
| ||||||
13 | (b) Outstanding liabilities as of June 30, payable from | ||||||
14 | appropriations
which have otherwise expired, may be paid out of | ||||||
15 | the expiring
appropriations during the 2-month period ending at | ||||||
16 | the
close of business on August 31. Any service involving
| ||||||
17 | professional or artistic skills or any personal services by an | ||||||
18 | employee whose
compensation is subject to income tax | ||||||
19 | withholding must be performed as of June
30 of the fiscal year | ||||||
20 | in order to be considered an "outstanding liability as of
June | ||||||
21 | 30" that is thereby eligible for payment out of the expiring
| ||||||
22 | appropriation.
| ||||||
23 | (b-1) However, payment of tuition reimbursement claims | ||||||
24 | under Section 14-7.03 or
18-3 of the School Code may be made by | ||||||
25 | the State Board of Education from its
appropriations for those |
| |||||||
| |||||||
1 | respective purposes for any fiscal year, even though
the claims | ||||||
2 | reimbursed by the payment may be claims attributable to a prior
| ||||||
3 | fiscal year, and payments may be made at the direction of the | ||||||
4 | State
Superintendent of Education from the fund from which the | ||||||
5 | appropriation is made
without regard to any fiscal year | ||||||
6 | limitations, except as required by subsection (j) of this | ||||||
7 | Section. Beginning on June 30, 2021, payment of tuition | ||||||
8 | reimbursement claims under Section 14-7.03 or 18-3 of the | ||||||
9 | School Code as of June 30, payable from appropriations that | ||||||
10 | have otherwise expired, may be paid out of the expiring | ||||||
11 | appropriation during the 4-month period ending at the close of | ||||||
12 | business on October 31.
| ||||||
13 | (b-2) All outstanding liabilities as of June 30, 2010, | ||||||
14 | payable from appropriations that would otherwise expire at the | ||||||
15 | conclusion of the lapse period for fiscal year 2010, and | ||||||
16 | interest penalties payable on those liabilities under the State | ||||||
17 | Prompt Payment Act, may be paid out of the expiring | ||||||
18 | appropriations until December 31, 2010, without regard to the | ||||||
19 | fiscal year in which the payment is made, as long as vouchers | ||||||
20 | for the liabilities are received by the Comptroller no later | ||||||
21 | than August 31, 2010. | ||||||
22 | (b-2.5) All outstanding liabilities as of June 30, 2011, | ||||||
23 | payable from appropriations that would otherwise expire at the | ||||||
24 | conclusion of the lapse period for fiscal year 2011, and | ||||||
25 | interest penalties payable on those liabilities under the State | ||||||
26 | Prompt Payment Act, may be paid out of the expiring |
| |||||||
| |||||||
1 | appropriations until December 31, 2011, without regard to the | ||||||
2 | fiscal year in which the payment is made, as long as vouchers | ||||||
3 | for the liabilities are received by the Comptroller no later | ||||||
4 | than August 31, 2011. | ||||||
5 | (b-2.6) All outstanding liabilities as of June 30, 2012, | ||||||
6 | payable from appropriations that would otherwise expire at the | ||||||
7 | conclusion of the lapse period for fiscal year 2012, and | ||||||
8 | interest penalties payable on those liabilities under the State | ||||||
9 | Prompt Payment Act, may be paid out of the expiring | ||||||
10 | appropriations until December 31, 2012, without regard to the | ||||||
11 | fiscal year in which the payment is made, as long as vouchers | ||||||
12 | for the liabilities are received by the Comptroller no later | ||||||
13 | than August 31, 2012. | ||||||
14 | (b-2.6a) All outstanding liabilities as of June 30, 2017, | ||||||
15 | payable from appropriations that would otherwise expire at the | ||||||
16 | conclusion of the lapse period for fiscal year 2017, and | ||||||
17 | interest penalties payable on those liabilities under the State | ||||||
18 | Prompt Payment Act, may be paid out of the expiring | ||||||
19 | appropriations until December 31, 2017, without regard to the | ||||||
20 | fiscal year in which the payment is made, as long as vouchers | ||||||
21 | for the liabilities are received by the Comptroller no later | ||||||
22 | than September 30, 2017. | ||||||
23 | (b-2.6b) All outstanding liabilities as of June 30, 2018, | ||||||
24 | payable from appropriations that would otherwise expire at the | ||||||
25 | conclusion of the lapse period for fiscal year 2018, and | ||||||
26 | interest penalties payable on those liabilities under the State |
| |||||||
| |||||||
1 | Prompt Payment Act, may be paid out of the expiring | ||||||
2 | appropriations until December 31, 2018, without regard to the | ||||||
3 | fiscal year in which the payment is made, as long as vouchers | ||||||
4 | for the liabilities are received by the Comptroller no later | ||||||
5 | than October 31, 2018. | ||||||
6 | (b-2.7) For fiscal years 2012, 2013, and 2014, interest | ||||||
7 | penalties payable under the State Prompt Payment Act associated | ||||||
8 | with a voucher for which payment is issued after June 30 may be | ||||||
9 | paid out of the next fiscal year's appropriation. The future | ||||||
10 | year appropriation must be for the same purpose and from the | ||||||
11 | same fund as the original payment. An interest penalty voucher | ||||||
12 | submitted against a future year appropriation must be submitted | ||||||
13 | within 60 days after the issuance of the associated voucher, | ||||||
14 | and the Comptroller must issue the interest payment within 60 | ||||||
15 | days after acceptance of the interest voucher. | ||||||
16 | (b-3) Medical payments may be made by the Department of | ||||||
17 | Veterans' Affairs from
its
appropriations for those purposes | ||||||
18 | for any fiscal year, without regard to the
fact that the | ||||||
19 | medical services being compensated for by such payment may have
| ||||||
20 | been rendered in a prior fiscal year, except as required by | ||||||
21 | subsection (j) of this Section. Beginning on June 30, 2021, | ||||||
22 | medical payments payable from appropriations that have | ||||||
23 | otherwise expired may be paid out of the expiring appropriation | ||||||
24 | during the 4-month period ending at the close of business on | ||||||
25 | October 31.
| ||||||
26 | (b-4) Medical payments and child care
payments may be made |
| |||||||
| |||||||
1 | by the Department of
Human Services (as successor to the | ||||||
2 | Department of Public Aid) from
appropriations for those | ||||||
3 | purposes for any fiscal year,
without regard to the fact that | ||||||
4 | the medical or child care services being
compensated for by | ||||||
5 | such payment may have been rendered in a prior fiscal
year; and | ||||||
6 | payments may be made at the direction of the Department of
| ||||||
7 | Healthcare and Family Services (or successor agency) from the | ||||||
8 | Health Insurance Reserve Fund without regard to any fiscal
year | ||||||
9 | limitations, except as required by subsection (j) of this | ||||||
10 | Section. Beginning on June 30, 2021, medical and child care | ||||||
11 | payments made by the Department of Human Services and payments | ||||||
12 | made at the discretion of the Department of Healthcare and | ||||||
13 | Family Services (or successor agency) from the Health Insurance | ||||||
14 | Reserve Fund and payable from appropriations that have | ||||||
15 | otherwise expired may be paid out of the expiring appropriation | ||||||
16 | during the 4-month period ending at the close of business on | ||||||
17 | October 31.
| ||||||
18 | (b-5) Medical payments may be made by the Department of | ||||||
19 | Human Services from its appropriations relating to substance | ||||||
20 | abuse treatment services for any fiscal year, without regard to | ||||||
21 | the fact that the medical services being compensated for by | ||||||
22 | such payment may have been rendered in a prior fiscal year, | ||||||
23 | provided the payments are made on a fee-for-service basis | ||||||
24 | consistent with requirements established for Medicaid | ||||||
25 | reimbursement by the Department of Healthcare and Family | ||||||
26 | Services, except as required by subsection (j) of this Section. |
| |||||||
| |||||||
1 | Beginning on June 30, 2021, medical payments made by the | ||||||
2 | Department of Human Services relating to substance abuse | ||||||
3 | treatment services payable from appropriations that have | ||||||
4 | otherwise expired may be paid out of the expiring appropriation | ||||||
5 | during the 4-month period ending at the close of business on | ||||||
6 | October 31. | ||||||
7 | (b-6) (Blank). Additionally, payments may be made by the | ||||||
8 | Department of Human Services from
its appropriations, or any | ||||||
9 | other State agency from its appropriations with
the approval of | ||||||
10 | the Department of Human Services, from the Immigration Reform
| ||||||
11 | and Control Fund for purposes authorized pursuant to the | ||||||
12 | Immigration Reform
and Control Act of 1986, without regard to | ||||||
13 | any fiscal year limitations, except as required by subsection | ||||||
14 | (j) of this Section. Beginning on June 30, 2021, payments made | ||||||
15 | by the Department of Human Services from the Immigration Reform | ||||||
16 | and Control Fund for purposes authorized pursuant to the | ||||||
17 | Immigration Reform and Control Act of 1986 payable from | ||||||
18 | appropriations that have otherwise expired may be paid out of | ||||||
19 | the expiring appropriation during the 4-month period ending at | ||||||
20 | the close of business on October 31.
| ||||||
21 | (b-7) Payments may be made in accordance with a plan | ||||||
22 | authorized by paragraph (11) or (12) of Section 405-105 of the | ||||||
23 | Department of Central Management Services Law from | ||||||
24 | appropriations for those payments without regard to fiscal year | ||||||
25 | limitations. | ||||||
26 | (b-8) Reimbursements to eligible airport sponsors for the |
| |||||||
| |||||||
1 | construction or upgrading of Automated Weather Observation | ||||||
2 | Systems may be made by the Department of Transportation from | ||||||
3 | appropriations for those purposes for any fiscal year, without | ||||||
4 | regard to the fact that the qualification or obligation may | ||||||
5 | have occurred in a prior fiscal year, provided that at the time | ||||||
6 | the expenditure was made the project had been approved by the | ||||||
7 | Department of Transportation prior to June 1, 2012 and, as a | ||||||
8 | result of recent changes in federal funding formulas, can no | ||||||
9 | longer receive federal reimbursement. | ||||||
10 | (b-9) Medical payments not exceeding $150,000,000 may be | ||||||
11 | made by the Department on Aging from its appropriations | ||||||
12 | relating to the Community Care Program for fiscal year 2014, | ||||||
13 | without regard to the fact that the medical services being | ||||||
14 | compensated for by such payment may have been rendered in a | ||||||
15 | prior fiscal year, provided the payments are made on a | ||||||
16 | fee-for-service basis consistent with requirements established | ||||||
17 | for Medicaid reimbursement by the Department of Healthcare and | ||||||
18 | Family Services, except as required by subsection (j) of this | ||||||
19 | Section. | ||||||
20 | (c) Further, payments may be made by the Department of | ||||||
21 | Public Health and the
Department of Human Services (acting as | ||||||
22 | successor to the Department of Public
Health under the | ||||||
23 | Department of Human Services Act)
from their respective | ||||||
24 | appropriations for grants for medical care to or on
behalf of | ||||||
25 | premature and high-mortality risk infants and their mothers and
| ||||||
26 | for grants for supplemental food supplies provided under the |
| |||||||
| |||||||
1 | United States
Department of Agriculture Women, Infants and | ||||||
2 | Children Nutrition Program,
for any fiscal year without regard | ||||||
3 | to the fact that the services being
compensated for by such | ||||||
4 | payment may have been rendered in a prior fiscal year, except | ||||||
5 | as required by subsection (j) of this Section. Beginning on | ||||||
6 | June 30, 2021, payments made by the Department of Public Health | ||||||
7 | and the Department of Human Services from their respective | ||||||
8 | appropriations for grants for medical care to or on behalf of | ||||||
9 | premature and high-mortality risk infants and their mothers and | ||||||
10 | for grants for supplemental food supplies provided under the | ||||||
11 | United States Department of Agriculture Women, Infants and | ||||||
12 | Children Nutrition Program payable from appropriations that | ||||||
13 | have otherwise expired may be paid out of the expiring | ||||||
14 | appropriations during the 4-month period ending at the close of | ||||||
15 | business on October 31.
| ||||||
16 | (d) The Department of Public Health and the Department of | ||||||
17 | Human Services
(acting as successor to the Department of Public | ||||||
18 | Health under the Department of
Human Services Act) shall each | ||||||
19 | annually submit to the State Comptroller, Senate
President, | ||||||
20 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
21 | Leader, and the
respective Chairmen and Minority Spokesmen of | ||||||
22 | the
Appropriations Committees of the Senate and the House, on | ||||||
23 | or before
December 31, a report of fiscal year funds used to | ||||||
24 | pay for services
provided in any prior fiscal year. This report | ||||||
25 | shall document by program or
service category those | ||||||
26 | expenditures from the most recently completed fiscal
year used |
| |||||||
| |||||||
1 | to pay for services provided in prior fiscal years.
| ||||||
2 | (e) The Department of Healthcare and Family Services, the | ||||||
3 | Department of Human Services
(acting as successor to the | ||||||
4 | Department of Public Aid), and the Department of Human Services | ||||||
5 | making fee-for-service payments relating to substance abuse | ||||||
6 | treatment services provided during a previous fiscal year shall | ||||||
7 | each annually
submit to the State
Comptroller, Senate | ||||||
8 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
9 | Minority Leader, the respective Chairmen and Minority | ||||||
10 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
11 | the House, on or before November
30, a report that shall | ||||||
12 | document by program or service category those
expenditures from | ||||||
13 | the most recently completed fiscal year used to pay for (i)
| ||||||
14 | services provided in prior fiscal years and (ii) services for | ||||||
15 | which claims were
received in prior fiscal years.
| ||||||
16 | (f) The Department of Human Services (as successor to the | ||||||
17 | Department of
Public Aid) shall annually submit to the State
| ||||||
18 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
19 | of the House,
House Minority Leader, and the respective | ||||||
20 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
21 | Committees of the Senate and the House, on or before
December | ||||||
22 | 31, a report
of fiscal year funds used to pay for services | ||||||
23 | (other than medical care)
provided in any prior fiscal year. | ||||||
24 | This report shall document by program or
service category those | ||||||
25 | expenditures from the most recently completed fiscal
year used | ||||||
26 | to pay for services provided in prior fiscal years.
|
| |||||||
| |||||||
1 | (g) In addition, each annual report required to be | ||||||
2 | submitted by the
Department of Healthcare and Family Services | ||||||
3 | under subsection (e) shall include the following
information | ||||||
4 | with respect to the State's Medicaid program:
| ||||||
5 | (1) Explanations of the exact causes of the variance | ||||||
6 | between the previous
year's estimated and actual | ||||||
7 | liabilities.
| ||||||
8 | (2) Factors affecting the Department of Healthcare and | ||||||
9 | Family Services' liabilities,
including but not limited to | ||||||
10 | numbers of aid recipients, levels of medical
service | ||||||
11 | utilization by aid recipients, and inflation in the cost of | ||||||
12 | medical
services.
| ||||||
13 | (3) The results of the Department's efforts to combat | ||||||
14 | fraud and abuse.
| ||||||
15 | (h) As provided in Section 4 of the General Assembly | ||||||
16 | Compensation Act,
any utility bill for service provided to a | ||||||
17 | General Assembly
member's district office for a period | ||||||
18 | including portions of 2 consecutive
fiscal years may be paid | ||||||
19 | from funds appropriated for such expenditure in
either fiscal | ||||||
20 | year.
| ||||||
21 | (i) An agency which administers a fund classified by the | ||||||
22 | Comptroller as an
internal service fund may issue rules for:
| ||||||
23 | (1) billing user agencies in advance for payments or | ||||||
24 | authorized inter-fund transfers
based on estimated charges | ||||||
25 | for goods or services;
| ||||||
26 | (2) issuing credits, refunding through inter-fund |
| |||||||
| |||||||
1 | transfers, or reducing future inter-fund transfers
during
| ||||||
2 | the subsequent fiscal year for all user agency payments or | ||||||
3 | authorized inter-fund transfers received during the
prior | ||||||
4 | fiscal year which were in excess of the final amounts owed | ||||||
5 | by the user
agency for that period; and
| ||||||
6 | (3) issuing catch-up billings to user agencies
during | ||||||
7 | the subsequent fiscal year for amounts remaining due when | ||||||
8 | payments or authorized inter-fund transfers
received from | ||||||
9 | the user agency during the prior fiscal year were less than | ||||||
10 | the
total amount owed for that period.
| ||||||
11 | User agencies are authorized to reimburse internal service | ||||||
12 | funds for catch-up
billings by vouchers drawn against their | ||||||
13 | respective appropriations for the
fiscal year in which the | ||||||
14 | catch-up billing was issued or by increasing an authorized | ||||||
15 | inter-fund transfer during the current fiscal year. For the | ||||||
16 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
17 | without the use of the voucher-warrant process, as authorized | ||||||
18 | by Section 9.01 of the State Comptroller Act.
| ||||||
19 | (i-1) Beginning on July 1, 2021, all outstanding | ||||||
20 | liabilities, not payable during the 4-month lapse period as | ||||||
21 | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | ||||||
22 | (c) of this Section, that are made from appropriations for that | ||||||
23 | purpose for any fiscal year, without regard to the fact that | ||||||
24 | the services being compensated for by those payments may have | ||||||
25 | been rendered in a prior fiscal year, are limited to only those | ||||||
26 | claims that have been incurred but for which a proper bill or |
| |||||||
| |||||||
1 | invoice as defined by the State Prompt Payment Act has not been | ||||||
2 | received by September 30th following the end of the fiscal year | ||||||
3 | in which the service was rendered. | ||||||
4 | (j) Notwithstanding any other provision of this Act, the | ||||||
5 | aggregate amount of payments to be made without regard for | ||||||
6 | fiscal year limitations as contained in subsections (b-1), | ||||||
7 | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | ||||||
8 | determined by using Generally Accepted Accounting Principles, | ||||||
9 | shall not exceed the following amounts: | ||||||
10 | (1) $6,000,000,000 for outstanding liabilities related | ||||||
11 | to fiscal year 2012; | ||||||
12 | (2) $5,300,000,000 for outstanding liabilities related | ||||||
13 | to fiscal year 2013; | ||||||
14 | (3) $4,600,000,000 for outstanding liabilities related | ||||||
15 | to fiscal year 2014; | ||||||
16 | (4) $4,000,000,000 for outstanding liabilities related | ||||||
17 | to fiscal year 2015; | ||||||
18 | (5) $3,300,000,000 for outstanding liabilities related | ||||||
19 | to fiscal year 2016; | ||||||
20 | (6) $2,600,000,000 for outstanding liabilities related | ||||||
21 | to fiscal year 2017; | ||||||
22 | (7) $2,000,000,000 for outstanding liabilities related | ||||||
23 | to fiscal year 2018; | ||||||
24 | (8) $1,300,000,000 for outstanding liabilities related | ||||||
25 | to fiscal year 2019; | ||||||
26 | (9) $600,000,000 for outstanding liabilities related |
| |||||||
| |||||||
1 | to fiscal year 2020; and | ||||||
2 | (10) $0 for outstanding liabilities related to fiscal | ||||||
3 | year 2021 and fiscal years thereafter. | ||||||
4 | (k) Department of Healthcare and Family Services Medical | ||||||
5 | Assistance Payments. | ||||||
6 | (1) Definition of Medical Assistance. | ||||||
7 | For purposes of this subsection, the term "Medical | ||||||
8 | Assistance" shall include, but not necessarily be | ||||||
9 | limited to, medical programs and services authorized | ||||||
10 | under Titles XIX and XXI of the Social Security Act, | ||||||
11 | the Illinois Public Aid Code, the Children's Health | ||||||
12 | Insurance Program Act, the Covering ALL KIDS Health | ||||||
13 | Insurance Act, the Long Term Acute Care Hospital | ||||||
14 | Quality Improvement Transfer Program Act, and medical | ||||||
15 | care to or on behalf of persons suffering from chronic | ||||||
16 | renal disease, persons suffering from hemophilia, and | ||||||
17 | victims of sexual assault. | ||||||
18 | (2) Limitations on Medical Assistance payments that | ||||||
19 | may be paid from future fiscal year appropriations. | ||||||
20 | (A) The maximum amounts of annual unpaid Medical | ||||||
21 | Assistance bills received and recorded by the | ||||||
22 | Department of Healthcare and Family Services on or | ||||||
23 | before June 30th of a particular fiscal year | ||||||
24 | attributable in aggregate to the General Revenue Fund, | ||||||
25 | Healthcare Provider Relief Fund, Tobacco Settlement | ||||||
26 | Recovery Fund, Long-Term Care Provider Fund, and the |
| |||||||
| |||||||
1 | Drug Rebate Fund that may be paid in total by the | ||||||
2 | Department from future fiscal year Medical Assistance | ||||||
3 | appropriations to those funds are:
$700,000,000 for | ||||||
4 | fiscal year 2013 and $100,000,000 for fiscal year 2014 | ||||||
5 | and each fiscal year thereafter. | ||||||
6 | (B) Bills for Medical Assistance services rendered | ||||||
7 | in a particular fiscal year, but received and recorded | ||||||
8 | by the Department of Healthcare and Family Services | ||||||
9 | after June 30th of that fiscal year, may be paid from | ||||||
10 | either appropriations for that fiscal year or future | ||||||
11 | fiscal year appropriations for Medical Assistance. | ||||||
12 | Such payments shall not be subject to the requirements | ||||||
13 | of subparagraph (A). | ||||||
14 | (C) Medical Assistance bills received by the | ||||||
15 | Department of Healthcare and Family Services in a | ||||||
16 | particular fiscal year, but subject to payment amount | ||||||
17 | adjustments in a future fiscal year may be paid from a | ||||||
18 | future fiscal year's appropriation for Medical | ||||||
19 | Assistance. Such payments shall not be subject to the | ||||||
20 | requirements of subparagraph (A). | ||||||
21 | (D) Medical Assistance payments made by the | ||||||
22 | Department of Healthcare and Family Services from | ||||||
23 | funds other than those specifically referenced in | ||||||
24 | subparagraph (A) may be made from appropriations for | ||||||
25 | those purposes for any fiscal year without regard to | ||||||
26 | the fact that the Medical Assistance services being |
| |||||||
| |||||||
1 | compensated for by such payment may have been rendered | ||||||
2 | in a prior fiscal year. Such payments shall not be | ||||||
3 | subject to the requirements of subparagraph (A). | ||||||
4 | (3) Extended lapse period for Department of Healthcare | ||||||
5 | and Family Services Medical Assistance payments. | ||||||
6 | Notwithstanding any other State law to the contrary, | ||||||
7 | outstanding Department of Healthcare and Family Services | ||||||
8 | Medical Assistance liabilities, as of June 30th, payable | ||||||
9 | from appropriations which have otherwise expired, may be | ||||||
10 | paid out of the expiring appropriations during the 6-month | ||||||
11 | period ending at the close of business on December 31st. | ||||||
12 | (l) The changes to this Section made by Public Act 97-691 | ||||||
13 | shall be effective for payment of Medical Assistance bills | ||||||
14 | incurred in fiscal year 2013 and future fiscal years. The | ||||||
15 | changes to this Section made by Public Act 97-691 shall not be | ||||||
16 | applied to Medical Assistance bills incurred in fiscal year | ||||||
17 | 2012 or prior fiscal years. | ||||||
18 | (m) The Comptroller must issue payments against | ||||||
19 | outstanding liabilities that were received prior to the lapse | ||||||
20 | period deadlines set forth in this Section as soon thereafter | ||||||
21 | as practical, but no payment may be issued after the 4 months | ||||||
22 | following the lapse period deadline without the signed | ||||||
23 | authorization of the Comptroller and the Governor. | ||||||
24 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
| ||||||
25 | (30 ILCS 105/5.95 rep.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.231 rep.)
| ||||||
2 | (30 ILCS 105/5.290 rep.)
| ||||||
3 | (30 ILCS 105/5.298 rep.)
| ||||||
4 | (30 ILCS 105/5.460 rep.)
| ||||||
5 | (30 ILCS 105/5.518 rep.)
| ||||||
6 | (30 ILCS 105/5.606 rep.)
| ||||||
7 | (30 ILCS 105/5.614 rep.)
| ||||||
8 | (30 ILCS 105/5.615 rep.)
| ||||||
9 | (30 ILCS 105/5.622 rep.)
| ||||||
10 | (30 ILCS 105/5.633 rep.)
| ||||||
11 | (30 ILCS 105/5.639 rep.)
| ||||||
12 | (30 ILCS 105/5.641 rep.)
| ||||||
13 | (30 ILCS 105/5.647 rep.)
| ||||||
14 | (30 ILCS 105/5.649 rep.)
| ||||||
15 | (30 ILCS 105/5.658 rep.)
| ||||||
16 | (30 ILCS 105/5.660 rep.)
| ||||||
17 | (30 ILCS 105/5.687 rep.)
| ||||||
18 | (30 ILCS 105/5.701 rep.) | ||||||
19 | (30 ILCS 105/5.722 rep.) | ||||||
20 | (30 ILCS 105/5.738 rep.) | ||||||
21 | (30 ILCS 105/5.794 rep.)
| ||||||
22 | (30 ILCS 105/5.803 rep.)
| ||||||
23 | (30 ILCS 105/5.807 rep.)
| ||||||
24 | (30 ILCS 105/6p-5 rep.)
| ||||||
25 | (30 ILCS 105/6u rep.)
| ||||||
26 | (30 ILCS 105/6z rep.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/6z-1 rep.)
| ||||||
2 | (30 ILCS 105/6z-8a rep.)
| ||||||
3 | (30 ILCS 105/6z-27.1 rep.)
| ||||||
4 | (30 ILCS 105/6z-33 rep.)
| ||||||
5 | (30 ILCS 105/6z-46 rep.)
| ||||||
6 | (30 ILCS 105/6z-69 rep.) | ||||||
7 | (30 ILCS 105/6z-73 rep.) | ||||||
8 | (30 ILCS 105/6z-91 rep.)
| ||||||
9 | (30 ILCS 105/8.16c rep.)
| ||||||
10 | (30 ILCS 105/8.32 rep.)
| ||||||
11 | Section 45. The State Finance Act is amended by repealing | ||||||
12 | Sections 5.95, 5.231, 5.290, 5.298, 5.460, 5.518, 5.606, 5.614, | ||||||
13 | 5.615, 5.622, 5.633, 5.639, 5.641, 5.647, 5.649, 5.658, 5.660, | ||||||
14 | 5.687, 5.701, 5.722, 5.738, 5.794, 5.803, 5.807, 6p-5, 6u, 6z, | ||||||
15 | 6z-1, 6z-8a, 6z-27.1, 6z-33, 6z-46, 6z-69, 6z-73, 6z-91, 8.16c, | ||||||
16 | and 8.32. | ||||||
17 | (30 ILCS 177/Act rep.) | ||||||
18 | Section 50. The Transportation Development Partnership Act | ||||||
19 | is repealed. | ||||||
20 | Section 55. The Short Term Borrowing Act is amended by | ||||||
21 | changing Section 3 as follows:
| ||||||
22 | (30 ILCS 340/3) (from Ch. 120, par. 408)
| ||||||
23 | Sec. 3. There shall be prepared under the direction of the |
| |||||||
| |||||||
1 | officers
named in this Act such form of bonds or certificates | ||||||
2 | as they shall deem
advisable, which, when issued, shall be | ||||||
3 | signed by the Governor, Comptroller
and Treasurer, and shall be | ||||||
4 | recorded by the Comptroller in a
book to be kept by him or her | ||||||
5 | for that purpose. The interest and principal
of such loan shall | ||||||
6 | be paid by the treasurer out of the General Obligation Bond
| ||||||
7 | Retirement and Interest Fund.
| ||||||
8 | There is hereby appropriated out of any money in the | ||||||
9 | Treasury a sum
sufficient for the payment of the interest and | ||||||
10 | principal of any debts
contracted under this Act.
| ||||||
11 | The Governor, Comptroller, and Treasurer are
authorized to | ||||||
12 | order pursuant to the proceedings authorizing those debts the
| ||||||
13 | transfer of any moneys on deposit in the treasury into the | ||||||
14 | General
Obligation Bond Retirement and Interest Fund at times | ||||||
15 | and in amounts they
deem necessary to provide for the payment | ||||||
16 | of that interest and principal.
| ||||||
17 | The Comptroller is hereby authorized and directed to draw | ||||||
18 | his warrant on
the State Treasurer for the amount of all such | ||||||
19 | payments.
| ||||||
20 | The directive authorizing borrowing under Section 1 or 1.1 | ||||||
21 | of this Act
shall set forth a pro forma cash flow statement | ||||||
22 | that identifies estimated
monthly receipts and expenditures | ||||||
23 | with identification of sources for
repaying the borrowed funds.
| ||||||
24 | All proceeds from any borrowing under this Act received by | ||||||
25 | the State on or after June 10, 2004 and before July 1, 2004 | ||||||
26 | shall be deposited into the Medicaid Provider Relief Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 88-669, eff. 11-29-94; 93-674, eff. 6-10-04; | ||||||
2 | 93-1046, eff. 10-15-04.)
| ||||||
3 | (30 ILCS 780/5-55 rep.) | ||||||
4 | Section 60. The Eliminate the Digital Divide Law is amended | ||||||
5 | by repealing Section 5-55.
| ||||||
6 | (35 ILCS 5/507CC rep.)
| ||||||
7 | (35 ILCS 5/507HH rep.)
| ||||||
8 | (35 ILCS 5/507II rep.)
| ||||||
9 | (35 ILCS 5/507KK rep.)
| ||||||
10 | (35 ILCS 5/507LL rep.)
| ||||||
11 | (35 ILCS 5/507PP rep.) | ||||||
12 | Section 65. The Illinois Income Tax Act is amended by | ||||||
13 | repealing Sections 507CC, 507HH, 507II, 507KK, 507LL, and | ||||||
14 | 507PP. | ||||||
15 | Section 70. The Counties Code is amended by changing | ||||||
16 | Sections 3-9005, 5-1006.5, and 5-1035.1 as follows:
| ||||||
17 | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| ||||||
18 | Sec. 3-9005. Powers and duties of State's attorney.
| ||||||
19 | (a) The duty of each State's attorney shall be:
| ||||||
20 | (1) To commence and prosecute all actions, suits, | ||||||
21 | indictments and
prosecutions, civil and criminal, in the | ||||||
22 | circuit court for his county,
in which the people of the |
| |||||||
| |||||||
1 | State or county may be concerned.
| ||||||
2 | (2) To prosecute all forfeited bonds and | ||||||
3 | recognizances, and all
actions and proceedings for the | ||||||
4 | recovery of debts, revenues, moneys,
fines, penalties and | ||||||
5 | forfeitures accruing to the State or his county, or
to any | ||||||
6 | school district or road district in his county; also, to
| ||||||
7 | prosecute all suits in his county against railroad or | ||||||
8 | transportation
companies, which may be prosecuted in the | ||||||
9 | name of the People of the
State of Illinois.
| ||||||
10 | (3) To commence and prosecute all actions and | ||||||
11 | proceedings brought by
any county officer in his official | ||||||
12 | capacity.
| ||||||
13 | (4) To defend all actions and proceedings brought | ||||||
14 | against his
county, or against any county or State officer, | ||||||
15 | in his official
capacity, within his county.
| ||||||
16 | (5) To attend the examination of all persons brought | ||||||
17 | before any judge
on habeas corpus, when the prosecution is | ||||||
18 | in his county.
| ||||||
19 | (6) To attend before judges and prosecute charges of | ||||||
20 | felony or
misdemeanor, for which the offender is required | ||||||
21 | to be recognized to appear
before the circuit court, when | ||||||
22 | in his power so to do.
| ||||||
23 | (7) To give his opinion, without fee or reward, to any | ||||||
24 | county officer
in his county, upon any question or law | ||||||
25 | relating to any criminal or other
matter, in which the | ||||||
26 | people or the county may be concerned.
|
| |||||||
| |||||||
1 | (8) To assist the attorney general whenever it may be | ||||||
2 | necessary, and in
cases of appeal from his county to the | ||||||
3 | Supreme Court, to which it is the
duty of the attorney | ||||||
4 | general to attend, he shall furnish the attorney general
at | ||||||
5 | least 10 days before such is due to be filed, a manuscript | ||||||
6 | of a proposed
statement, brief and argument to be printed | ||||||
7 | and filed on behalf of the people,
prepared in accordance | ||||||
8 | with the rules of the Supreme Court. However, if
such | ||||||
9 | brief, argument or other document is due to be filed by law | ||||||
10 | or order
of court within this 10-day period, then the | ||||||
11 | State's attorney shall furnish
such as soon as may be | ||||||
12 | reasonable.
| ||||||
13 | (9) To pay all moneys received by him in trust, without | ||||||
14 | delay, to the
officer who by law is entitled to the custody | ||||||
15 | thereof.
| ||||||
16 | (10) To notify, by first class mail, complaining | ||||||
17 | witnesses of the ultimate
disposition of the cases arising | ||||||
18 | from an indictment or an information.
| ||||||
19 | (11) To perform such other and further duties as may, | ||||||
20 | from time to time,
be enjoined on him by law.
| ||||||
21 | (12) To appear in all proceedings by collectors of | ||||||
22 | taxes against
delinquent taxpayers for judgments to sell | ||||||
23 | real estate, and see that all the
necessary preliminary | ||||||
24 | steps have been legally taken to make the judgment legal
| ||||||
25 | and binding.
| ||||||
26 | (13) To notify, by first-class mail, the State |
| |||||||
| |||||||
1 | Superintendent of Education, the applicable regional | ||||||
2 | superintendent of schools, and the superintendent of the | ||||||
3 | employing school district or the chief school | ||||||
4 | administrator of the employing nonpublic school, if any, | ||||||
5 | upon the conviction of any individual known to possess a | ||||||
6 | certificate or license issued pursuant to Article 21 or | ||||||
7 | 21B, respectively, of the School Code of any offense set | ||||||
8 | forth in Section 21B-80 of the School Code or any other | ||||||
9 | felony conviction, providing the name of the certificate | ||||||
10 | holder, the fact of the conviction, and the name and | ||||||
11 | location of the court where the conviction occurred. The | ||||||
12 | certificate holder must also be contemporaneously sent a | ||||||
13 | copy of the notice. | ||||||
14 | (b) The State's Attorney of each county shall have | ||||||
15 | authority to
appoint one or more special investigators to serve | ||||||
16 | subpoenas and summonses, make return
of process, and conduct | ||||||
17 | investigations which assist the State's Attorney in
the | ||||||
18 | performance of his duties. In counties of the first and second | ||||||
19 | class, the fees for service of subpoenas and summonses are | ||||||
20 | allowed by this Section and shall be consistent with those set | ||||||
21 | forth in Section 4-5001 of this Act, except when increased by | ||||||
22 | county ordinance as provided for in Section 4-5001. In counties | ||||||
23 | of the third class, the fees for service of subpoenas and | ||||||
24 | summonses are allowed by this Section and shall be consistent | ||||||
25 | with those set forth in Section 4-12001 of this Act. A special | ||||||
26 | investigator shall not carry
firearms except with permission of |
| |||||||
| |||||||
1 | the State's Attorney and only while
carrying appropriate | ||||||
2 | identification indicating his employment and in the
| ||||||
3 | performance of his assigned duties.
| ||||||
4 | Subject to the qualifications set forth in this subsection, | ||||||
5 | special
investigators shall be peace officers and shall have | ||||||
6 | all the powers possessed
by investigators under the State's | ||||||
7 | Attorneys Appellate Prosecutor's Act.
| ||||||
8 | No special investigator employed by the State's Attorney | ||||||
9 | shall have peace
officer status or exercise police powers | ||||||
10 | unless he or she successfully
completes the basic police | ||||||
11 | training course mandated and approved by the
Illinois Law | ||||||
12 | Enforcement Training Standards Board or such
board waives the | ||||||
13 | training requirement by reason of the special
investigator's | ||||||
14 | prior law enforcement experience or training or both. Any
| ||||||
15 | State's Attorney appointing a special investigator shall | ||||||
16 | consult with all
affected local police agencies, to the extent | ||||||
17 | consistent with the public
interest, if the special | ||||||
18 | investigator is assigned to areas within that
agency's | ||||||
19 | jurisdiction.
| ||||||
20 | Before a person is appointed as a special investigator, his
| ||||||
21 | fingerprints shall be taken and transmitted to the Department | ||||||
22 | of State
Police. The Department shall examine its records and | ||||||
23 | submit to the State's
Attorney of the county in which the | ||||||
24 | investigator seeks appointment any
conviction information | ||||||
25 | concerning the person on file with the Department.
No person | ||||||
26 | shall be appointed as a special investigator if he has been
|
| |||||||
| |||||||
1 | convicted of a felony or other offense involving moral | ||||||
2 | turpitude. A
special investigator shall be paid a salary and be | ||||||
3 | reimbursed for actual
expenses incurred in performing his | ||||||
4 | assigned duties. The county board
shall approve the salary and | ||||||
5 | actual expenses and appropriate the salary
and expenses in the | ||||||
6 | manner prescribed by law or ordinance.
| ||||||
7 | (c) The State's
Attorney may request and receive from | ||||||
8 | employers, labor unions, telephone
companies, and utility | ||||||
9 | companies
location information concerning putative fathers and | ||||||
10 | noncustodial parents for
the purpose of establishing a child's | ||||||
11 | paternity or establishing, enforcing, or
modifying a child | ||||||
12 | support obligation. In this subsection, "location
information"
| ||||||
13 | means information about (i) the physical whereabouts of a | ||||||
14 | putative father or
noncustodial parent, (ii) the putative | ||||||
15 | father or noncustodial parent's
employer, or
(iii) the salary, | ||||||
16 | wages, and other
compensation paid and the health insurance | ||||||
17 | coverage provided to the putative
father or noncustodial parent | ||||||
18 | by the employer of the putative father or
noncustodial parent
| ||||||
19 | or by a labor union of which the putative father or | ||||||
20 | noncustodial parent is a
member.
| ||||||
21 | (d) (Blank). For each State fiscal year, the
State's | ||||||
22 | Attorney of Cook County shall appear before the General | ||||||
23 | Assembly and
request appropriations to be made from the Capital | ||||||
24 | Litigation Trust Fund to the
State Treasurer for the purpose of | ||||||
25 | providing assistance in the prosecution of
capital cases in | ||||||
26 | Cook County and for the purpose of providing assistance to the |
| |||||||
| |||||||
1 | State in post-conviction proceedings in capital cases under | ||||||
2 | Article 122 of the Code of Criminal Procedure of 1963 and in | ||||||
3 | relation to petitions filed under Section 2-1401 of the Code of | ||||||
4 | Civil Procedure in relation to capital cases. The State's | ||||||
5 | Attorney may appear before the
General Assembly at other times | ||||||
6 | during the State's fiscal year to request
supplemental | ||||||
7 | appropriations from the Trust Fund to the State Treasurer.
| ||||||
8 | (e) The State's Attorney shall have the authority to enter | ||||||
9 | into a written
agreement with the Department of Revenue for | ||||||
10 | pursuit of civil
liability under subsection (E) of Section 17-1 | ||||||
11 | of the Criminal Code of 2012 against persons who
have issued to | ||||||
12 | the Department checks or other orders in violation of the
| ||||||
13 | provisions of paragraph (1) of subsection (B) of Section 17-1 | ||||||
14 | of the Criminal
Code of 2012, with the Department to retain the | ||||||
15 | amount owing upon the
dishonored check or order along with the | ||||||
16 | dishonored check fee imposed under the
Uniform Penalty and | ||||||
17 | Interest Act, with the balance of damages, fees, and costs
| ||||||
18 | collected under subsection (E) of Section 17-1 of the Criminal | ||||||
19 | Code of 2012 or under Section 17-1a of that Code to be retained | ||||||
20 | by
the State's Attorney. The agreement shall not affect the | ||||||
21 | allocation of fines
and costs imposed in any criminal | ||||||
22 | prosecution.
| ||||||
23 | (Source: P.A. 99-169, eff. 7-28-15; 99-642, eff. 7-28-16.)
| ||||||
24 | (55 ILCS 5/5-1006.5)
| ||||||
25 | Sec. 5-1006.5. Special County Retailers' Occupation Tax
|
| |||||||
| |||||||
1 | For Public Safety, Public Facilities, Mental Health, Substance | ||||||
2 | Abuse, or Transportation. | ||||||
3 | (a) The county board of any county may impose a
tax upon | ||||||
4 | all persons engaged in the business of selling tangible | ||||||
5 | personal
property, other than personal property titled or | ||||||
6 | registered with an agency of
this State's government, at retail | ||||||
7 | in the county on the gross receipts from the
sales made in the | ||||||
8 | course of business to provide revenue to be used exclusively
| ||||||
9 | for public safety, public facility, mental health, substance | ||||||
10 | abuse, or transportation purposes in that county, if a
| ||||||
11 | proposition for the
tax has been submitted to the electors of | ||||||
12 | that county and
approved by a majority of those voting on the | ||||||
13 | question. If imposed, this tax
shall be imposed only in | ||||||
14 | one-quarter percent increments. By resolution, the
county | ||||||
15 | board may order the proposition to be submitted at any | ||||||
16 | election.
If the tax is imposed for
transportation purposes for | ||||||
17 | expenditures for public highways or as
authorized
under the | ||||||
18 | Illinois Highway Code, the county board must publish notice
of | ||||||
19 | the existence of its long-range highway transportation
plan as | ||||||
20 | required or described in Section 5-301 of the Illinois
Highway | ||||||
21 | Code and must make the plan publicly available prior to
| ||||||
22 | approval of the ordinance or resolution
imposing the tax. If | ||||||
23 | the tax is imposed for transportation purposes for
expenditures | ||||||
24 | for passenger rail transportation, the county board must | ||||||
25 | publish
notice of the existence of its long-range passenger | ||||||
26 | rail transportation plan
and
must make the plan publicly |
| |||||||
| |||||||
1 | available prior to approval of the ordinance or
resolution | ||||||
2 | imposing the tax. | ||||||
3 | If a tax is imposed for public facilities purposes, then | ||||||
4 | the name of the project may be included in the proposition at | ||||||
5 | the discretion of the county board as determined in the | ||||||
6 | enabling resolution. For example, the "XXX Nursing Home" or the | ||||||
7 | "YYY Museum". | ||||||
8 | The county clerk shall certify the
question to the proper | ||||||
9 | election authority, who
shall submit the proposition at an | ||||||
10 | election in accordance with the general
election law.
| ||||||
11 | (1) The proposition for public safety purposes shall be | ||||||
12 | in
substantially the following form: | ||||||
13 | "To pay for public safety purposes, shall (name of | ||||||
14 | county) be authorized to impose an increase on its share of | ||||||
15 | local sales taxes by (insert rate)?" | ||||||
16 | As additional information on the ballot below the | ||||||
17 | question shall appear the following: | ||||||
18 | "This would mean that a consumer would pay an | ||||||
19 | additional (insert amount) in sales tax for every $100 of | ||||||
20 | tangible personal property bought at retail."
| ||||||
21 | The county board may also opt to establish a sunset | ||||||
22 | provision at which time the additional sales tax would | ||||||
23 | cease being collected, if not terminated earlier by a vote | ||||||
24 | of the county board. If the county board votes to include a | ||||||
25 | sunset provision, the proposition for public safety | ||||||
26 | purposes shall be in substantially the following form: |
| |||||||
| |||||||
1 | "To pay for public safety purposes, shall (name of | ||||||
2 | county) be authorized to impose an increase on its share of | ||||||
3 | local sales taxes by (insert rate) for a period not to | ||||||
4 | exceed (insert number of years)?" | ||||||
5 | As additional information on the ballot below the | ||||||
6 | question shall appear the following: | ||||||
7 | "This would mean that a consumer would pay an | ||||||
8 | additional (insert amount) in sales tax for every $100 of | ||||||
9 | tangible personal property bought at retail. If imposed, | ||||||
10 | the additional tax would cease being collected at the end | ||||||
11 | of (insert number of years), if not terminated earlier by a | ||||||
12 | vote of the county board."
| ||||||
13 | For the purposes of the
paragraph, "public safety | ||||||
14 | purposes" means
crime prevention, detention, fire | ||||||
15 | fighting, police, medical, ambulance, or
other emergency | ||||||
16 | services.
| ||||||
17 | Votes shall be recorded as "Yes" or "No".
| ||||||
18 | Beginning on the January 1 or July 1, whichever is | ||||||
19 | first, that occurs not less than 30 days after May 31, 2015 | ||||||
20 | (the effective date of Public Act 99-4), Adams County may | ||||||
21 | impose a public safety retailers' occupation tax and | ||||||
22 | service occupation tax at the rate of 0.25%, as provided in | ||||||
23 | the referendum approved by the voters on April 7, 2015, | ||||||
24 | notwithstanding the omission of the additional information | ||||||
25 | that is otherwise required to be printed on the ballot | ||||||
26 | below the question pursuant to this item (1). |
| |||||||
| |||||||
1 | (2) The proposition for transportation purposes shall | ||||||
2 | be in
substantially
the following form: | ||||||
3 | "To pay for improvements to roads and other | ||||||
4 | transportation purposes, shall (name of county) be | ||||||
5 | authorized to impose an increase on its share of local | ||||||
6 | sales taxes by (insert rate)?" | ||||||
7 | As additional information on the ballot below the | ||||||
8 | question shall appear the following: | ||||||
9 | "This would mean that a consumer would pay an | ||||||
10 | additional (insert amount) in sales tax for every $100 of | ||||||
11 | tangible personal property bought at retail."
| ||||||
12 | The county board may also opt to establish a sunset | ||||||
13 | provision at which time the additional sales tax would | ||||||
14 | cease being collected, if not terminated earlier by a vote | ||||||
15 | of the county board. If the county board votes to include a | ||||||
16 | sunset provision, the proposition for transportation | ||||||
17 | purposes shall be in substantially the following form: | ||||||
18 | "To pay for road improvements and other transportation | ||||||
19 | purposes, shall (name of county) be authorized to impose an | ||||||
20 | increase on its share of local sales taxes by (insert rate) | ||||||
21 | for a period not to exceed (insert number of years)?" | ||||||
22 | As additional information on the ballot below the | ||||||
23 | question shall appear the following: | ||||||
24 | "This would mean that a consumer would pay an | ||||||
25 | additional (insert amount) in sales tax for every $100 of | ||||||
26 | tangible personal property bought at retail. If imposed, |
| |||||||
| |||||||
1 | the additional tax would cease being collected at the end | ||||||
2 | of (insert number of years), if not terminated earlier by a | ||||||
3 | vote of the county board."
| ||||||
4 | For the purposes of this paragraph, transportation | ||||||
5 | purposes means
construction, maintenance, operation, and | ||||||
6 | improvement of
public highways, any other purpose for which | ||||||
7 | a county may expend funds under
the Illinois Highway Code, | ||||||
8 | and passenger rail transportation.
| ||||||
9 | The votes shall be recorded as "Yes" or "No".
| ||||||
10 | (3) The proposition for public facilities purposes | ||||||
11 | shall be in substantially the following form: | ||||||
12 | "To pay for public facilities purposes, shall (name of
| ||||||
13 | county) be authorized to impose an increase on its share of
| ||||||
14 | local sales taxes by (insert rate)?" | ||||||
15 | As additional information on the ballot below the
| ||||||
16 | question shall appear the following: | ||||||
17 | "This would mean that a consumer would pay an
| ||||||
18 | additional (insert amount) in sales tax for every $100 of
| ||||||
19 | tangible personal property bought at retail." | ||||||
20 | The county board may also opt to establish a sunset
| ||||||
21 | provision at which time the additional sales tax would
| ||||||
22 | cease being collected, if not terminated earlier by a vote
| ||||||
23 | of the county board. If the county board votes to include a
| ||||||
24 | sunset provision, the proposition for public facilities
| ||||||
25 | purposes shall be in substantially the following form: | ||||||
26 | "To pay for public facilities purposes, shall (name of
|
| |||||||
| |||||||
1 | county) be authorized to impose an increase on its share of
| ||||||
2 | local sales taxes by (insert rate) for a period not to
| ||||||
3 | exceed (insert number of years)?" | ||||||
4 | As additional information on the ballot below the
| ||||||
5 | question shall appear the following: | ||||||
6 | "This would mean that a consumer would pay an
| ||||||
7 | additional (insert amount) in sales tax for every $100 of
| ||||||
8 | tangible personal property bought at retail. If imposed,
| ||||||
9 | the additional tax would cease being collected at the end
| ||||||
10 | of (insert number of years), if not terminated earlier by a
| ||||||
11 | vote of the county board." | ||||||
12 | For purposes of this Section, "public facilities | ||||||
13 | purposes" means the acquisition, development, | ||||||
14 | construction, reconstruction, rehabilitation, improvement, | ||||||
15 | financing, architectural planning, and installation of | ||||||
16 | capital facilities consisting of buildings, structures, | ||||||
17 | and durable equipment and for the acquisition and | ||||||
18 | improvement of real property and interest in real property | ||||||
19 | required, or expected to be required, in connection with | ||||||
20 | the public facilities, for use by the county for the | ||||||
21 | furnishing of governmental services to its citizens, | ||||||
22 | including but not limited to museums and nursing homes. | ||||||
23 | The votes shall be recorded as "Yes" or "No". | ||||||
24 | (4) The proposition for mental health purposes shall be | ||||||
25 | in substantially the following form: | ||||||
26 | "To pay for mental health purposes, shall (name of
|
| |||||||
| |||||||
1 | county) be authorized to impose an increase on its share of
| ||||||
2 | local sales taxes by (insert rate)?" | ||||||
3 | As additional information on the ballot below the
| ||||||
4 | question shall appear the following: | ||||||
5 | "This would mean that a consumer would pay an
| ||||||
6 | additional (insert amount) in sales tax for every $100 of
| ||||||
7 | tangible personal property bought at retail." | ||||||
8 | The county board may also opt to establish a sunset
| ||||||
9 | provision at which time the additional sales tax would
| ||||||
10 | cease being collected, if not terminated earlier by a vote
| ||||||
11 | of the county board. If the county board votes to include a
| ||||||
12 | sunset provision, the proposition for public facilities
| ||||||
13 | purposes shall be in substantially the following form: | ||||||
14 | "To pay for mental health purposes, shall (name of
| ||||||
15 | county) be authorized to impose an increase on its share of
| ||||||
16 | local sales taxes by (insert rate) for a period not to
| ||||||
17 | exceed (insert number of years)?" | ||||||
18 | As additional information on the ballot below the
| ||||||
19 | question shall appear the following: | ||||||
20 | "This would mean that a consumer would pay an
| ||||||
21 | additional (insert amount) in sales tax for every $100 of
| ||||||
22 | tangible personal property bought at retail. If imposed,
| ||||||
23 | the additional tax would cease being collected at the end
| ||||||
24 | of (insert number of years), if not terminated earlier by a
| ||||||
25 | vote of the county board." | ||||||
26 | The votes shall be recorded as "Yes" or "No". |
| |||||||
| |||||||
1 | (5) The proposition for substance abuse purposes shall | ||||||
2 | be in substantially the following form: | ||||||
3 | "To pay for substance abuse purposes, shall (name of
| ||||||
4 | county) be authorized to impose an increase on its share of
| ||||||
5 | local sales taxes by (insert rate)?" | ||||||
6 | As additional information on the ballot below the
| ||||||
7 | question shall appear the following: | ||||||
8 | "This would mean that a consumer would pay an
| ||||||
9 | additional (insert amount) in sales tax for every $100 of
| ||||||
10 | tangible personal property bought at retail." | ||||||
11 | The county board may also opt to establish a sunset
| ||||||
12 | provision at which time the additional sales tax would
| ||||||
13 | cease being collected, if not terminated earlier by a vote
| ||||||
14 | of the county board. If the county board votes to include a
| ||||||
15 | sunset provision, the proposition for public facilities
| ||||||
16 | purposes shall be in substantially the following form: | ||||||
17 | "To pay for substance abuse purposes, shall (name of
| ||||||
18 | county) be authorized to impose an increase on its share of
| ||||||
19 | local sales taxes by (insert rate) for a period not to
| ||||||
20 | exceed (insert number of years)?" | ||||||
21 | As additional information on the ballot below the
| ||||||
22 | question shall appear the following: | ||||||
23 | "This would mean that a consumer would pay an
| ||||||
24 | additional (insert amount) in sales tax for every $100 of
| ||||||
25 | tangible personal property bought at retail. If imposed,
| ||||||
26 | the additional tax would cease being collected at the end
|
| |||||||
| |||||||
1 | of (insert number of years), if not terminated earlier by a
| ||||||
2 | vote of the county board." | ||||||
3 | The votes shall be recorded as "Yes" or "No". | ||||||
4 | If a majority of the electors voting on
the proposition | ||||||
5 | vote in favor of it, the county may impose the tax.
A county | ||||||
6 | may not submit more than one proposition authorized by this | ||||||
7 | Section
to the electors at any one time.
| ||||||
8 | This additional tax may not be imposed on tangible personal | ||||||
9 | property taxed at the 1% rate under the Retailers' Occupation | ||||||
10 | Tax Act. The tax imposed by a county under this Section and
all | ||||||
11 | civil penalties that may be assessed as an incident of the tax | ||||||
12 | shall be
collected and enforced by the Illinois Department of | ||||||
13 | Revenue and deposited
into a special fund created for that | ||||||
14 | purpose. The certificate
of registration that is issued by the | ||||||
15 | Department to a retailer under the
Retailers' Occupation Tax | ||||||
16 | Act shall permit the retailer to engage in a business
that is | ||||||
17 | taxable without registering separately with the Department | ||||||
18 | under an
ordinance or resolution under this Section. The | ||||||
19 | Department has full
power to administer and enforce this | ||||||
20 | Section, to collect all taxes and
penalties due under this | ||||||
21 | Section, to dispose of taxes and penalties so
collected in the | ||||||
22 | manner provided in this Section, and to determine
all rights to | ||||||
23 | credit memoranda arising on account of the erroneous payment of
| ||||||
24 | a tax or penalty under this Section. In the administration of | ||||||
25 | and compliance
with this Section, the Department and persons | ||||||
26 | who are subject to this Section
shall (i) have the same rights, |
| |||||||
| |||||||
1 | remedies, privileges, immunities, powers, and
duties, (ii) be | ||||||
2 | subject to the same conditions, restrictions, limitations,
| ||||||
3 | penalties, and definitions of terms, and (iii) employ the same | ||||||
4 | modes of
procedure as are prescribed in Sections 1, 1a, 1a-1, | ||||||
5 | 1d, 1e, 1f,
1i, 1j,
1k, 1m, 1n,
2 through 2-70 (in respect to | ||||||
6 | all provisions contained in those Sections
other than the
State | ||||||
7 | rate of tax), 2a, 2b, 2c, 3 (except provisions
relating to
| ||||||
8 | transaction returns and quarter monthly payments), 4, 5, 5a, | ||||||
9 | 5b, 5c, 5d, 5e,
5f,
5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, | ||||||
10 | 7, 8, 9, 10, 11, 11a, 12, and 13 of the
Retailers' Occupation | ||||||
11 | Tax Act and Section 3-7 of the Uniform Penalty and
Interest Act | ||||||
12 | as if those provisions were set forth in this Section.
| ||||||
13 | Persons subject to any tax imposed under the authority | ||||||
14 | granted in this
Section may reimburse themselves for their | ||||||
15 | sellers' tax liability by
separately stating the tax as an | ||||||
16 | additional charge, which charge may be stated
in combination, | ||||||
17 | in a single amount, with State tax which sellers are required
| ||||||
18 | to collect under the Use Tax Act, pursuant to such bracketed | ||||||
19 | schedules as the
Department may prescribe.
| ||||||
20 | Whenever the Department determines that a refund should be | ||||||
21 | made under this
Section to a claimant instead of issuing a | ||||||
22 | credit memorandum, the Department
shall notify the State | ||||||
23 | Comptroller, who shall cause the order to be drawn for
the | ||||||
24 | amount specified and to the person named in the notification | ||||||
25 | from the
Department. The refund shall be paid by the State | ||||||
26 | Treasurer out of the County
Public Safety, Public Facilities, |
| |||||||
| |||||||
1 | Mental Health, Substance Abuse, or Transportation Retailers' | ||||||
2 | Occupation Tax Fund.
| ||||||
3 | (b) If a tax has been imposed under subsection (a), a
| ||||||
4 | service occupation tax shall
also be imposed at the same rate | ||||||
5 | upon all persons engaged, in the county, in
the business
of | ||||||
6 | making sales of service, who, as an incident to making those | ||||||
7 | sales of
service, transfer tangible personal property within | ||||||
8 | the county
as an
incident to a sale of service.
This tax may | ||||||
9 | not be imposed on tangible personal property taxed at the 1% | ||||||
10 | rate under the Service Occupation Tax Act.
The tax imposed | ||||||
11 | under this subsection and all civil penalties that may be
| ||||||
12 | assessed as an incident thereof shall be collected and enforced | ||||||
13 | by the
Department of Revenue. The Department has
full power to
| ||||||
14 | administer and enforce this subsection; to collect all taxes | ||||||
15 | and penalties
due hereunder; to dispose of taxes and penalties | ||||||
16 | so collected in the manner
hereinafter provided; and to | ||||||
17 | determine all rights to credit memoranda
arising on account of | ||||||
18 | the erroneous payment of tax or penalty hereunder.
In the | ||||||
19 | administration of, and compliance with this subsection, the
| ||||||
20 | Department and persons who are subject to this paragraph shall | ||||||
21 | (i) have the
same rights, remedies, privileges, immunities, | ||||||
22 | powers, and duties, (ii) be
subject to the same conditions, | ||||||
23 | restrictions, limitations, penalties,
exclusions, exemptions, | ||||||
24 | and definitions of terms, and (iii) employ the same
modes
of | ||||||
25 | procedure as are prescribed in Sections 2 (except that the
| ||||||
26 | reference to State in the definition of supplier maintaining a |
| |||||||
| |||||||
1 | place of
business in this State shall mean the county), 2a, 2b, | ||||||
2 | 2c, 3 through
3-50 (in respect to all provisions therein other | ||||||
3 | than the State rate of
tax), 4 (except that the reference to | ||||||
4 | the State shall be to the county),
5, 7, 8 (except that the | ||||||
5 | jurisdiction to which the tax shall be a debt to
the extent | ||||||
6 | indicated in that Section 8 shall be the county), 9 (except as
| ||||||
7 | to the disposition of taxes and penalties collected), 10, 11, | ||||||
8 | 12 (except the reference therein to Section 2b of the
| ||||||
9 | Retailers' Occupation Tax Act), 13 (except that any reference | ||||||
10 | to the State
shall mean the county), Section 15, 16,
17, 18, 19 | ||||||
11 | and 20 of the Service Occupation Tax Act and Section 3-7 of
the | ||||||
12 | Uniform Penalty and Interest Act, as fully as if those | ||||||
13 | provisions were
set forth herein.
| ||||||
14 | Persons subject to any tax imposed under the authority | ||||||
15 | granted in
this subsection may reimburse themselves for their | ||||||
16 | serviceman's tax liability
by separately stating the tax as an | ||||||
17 | additional charge, which
charge may be stated in combination, | ||||||
18 | in a single amount, with State tax
that servicemen are | ||||||
19 | authorized to collect under the Service Use Tax Act, in
| ||||||
20 | accordance with such bracket schedules as the Department may | ||||||
21 | prescribe.
| ||||||
22 | Whenever the Department determines that a refund should be | ||||||
23 | made under this
subsection to a claimant instead of issuing a | ||||||
24 | credit memorandum, the Department
shall notify the State | ||||||
25 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
26 | amount specified, and to the person named, in the notification
|
| |||||||
| |||||||
1 | from the Department. The refund shall be paid by the State | ||||||
2 | Treasurer out
of the County Public Safety, Public Facilities, | ||||||
3 | Mental Health, Substance Abuse, or Transportation Retailers' | ||||||
4 | Occupation Fund.
| ||||||
5 | Nothing in this subsection shall be construed to authorize | ||||||
6 | the county
to impose a tax upon the privilege of engaging in | ||||||
7 | any business which under
the Constitution of the United States | ||||||
8 | may not be made the subject of taxation
by the State.
| ||||||
9 | (c) The Department shall immediately pay over to the State | ||||||
10 | Treasurer, ex
officio,
as trustee, all taxes and penalties | ||||||
11 | collected under this Section to be
deposited into the County | ||||||
12 | Public Safety, Public Facilities, Mental Health, Substance | ||||||
13 | Abuse, or Transportation Retailers'
Occupation Tax Fund, which
| ||||||
14 | shall be an unappropriated trust fund held outside of the State | ||||||
15 | treasury. | ||||||
16 | As soon as possible after the first day of each month, | ||||||
17 | beginning January 1, 2011, upon certification of the Department | ||||||
18 | of Revenue, the Comptroller shall order transferred, and the | ||||||
19 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
20 | local sales tax increment, as defined in the Innovation | ||||||
21 | Development and Economy Act, collected under this Section | ||||||
22 | during the second preceding calendar month for sales within a | ||||||
23 | STAR bond district. | ||||||
24 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
25 | on
or before the 25th
day of each calendar month, the | ||||||
26 | Department shall prepare and certify to the
Comptroller the |
| |||||||
| |||||||
1 | disbursement of stated sums of money
to the counties from which | ||||||
2 | retailers have paid
taxes or penalties to the Department during | ||||||
3 | the second preceding
calendar month. The amount to be paid to | ||||||
4 | each county, and deposited by the
county into its special fund | ||||||
5 | created for the purposes of this Section, shall
be the amount | ||||||
6 | (not
including credit memoranda) collected under this Section | ||||||
7 | during the second
preceding
calendar month by the Department | ||||||
8 | plus an amount the Department determines is
necessary to offset | ||||||
9 | any amounts that were erroneously paid to a different
taxing | ||||||
10 | body, and not including (i) an amount equal to the amount of | ||||||
11 | refunds
made
during the second preceding calendar month by the | ||||||
12 | Department on behalf of
the county, (ii) any amount that the | ||||||
13 | Department determines is
necessary to offset any amounts that | ||||||
14 | were payable to a different taxing body
but were erroneously | ||||||
15 | paid to the county, (iii) any amounts that are transferred to | ||||||
16 | the STAR Bonds Revenue Fund, and (iv) 1.5% of the remainder, | ||||||
17 | which shall be transferred into the Tax Compliance and | ||||||
18 | Administration Fund. The Department, at the time of each | ||||||
19 | monthly disbursement to the counties, shall prepare and certify | ||||||
20 | to the State Comptroller the amount to be transferred into the | ||||||
21 | Tax Compliance and Administration Fund under this subsection. | ||||||
22 | Within 10 days after receipt by the
Comptroller of the | ||||||
23 | disbursement certification to the counties and the Tax | ||||||
24 | Compliance and Administration Fund provided for in
this Section | ||||||
25 | to be given to the Comptroller by the Department, the | ||||||
26 | Comptroller
shall cause the orders to be drawn for the |
| |||||||
| |||||||
1 | respective amounts in accordance
with directions contained in | ||||||
2 | the certification.
| ||||||
3 | In addition to the disbursement required by the preceding | ||||||
4 | paragraph, an
allocation shall be made in March of each year to | ||||||
5 | each county that received
more than $500,000 in disbursements | ||||||
6 | under the preceding paragraph in the
preceding calendar year. | ||||||
7 | The allocation shall be in an amount equal to the
average | ||||||
8 | monthly distribution made to each such county under the | ||||||
9 | preceding
paragraph during the preceding calendar year | ||||||
10 | (excluding the 2 months of
highest receipts). The distribution | ||||||
11 | made in March of each year subsequent to
the year in which an | ||||||
12 | allocation was made pursuant to this paragraph and the
| ||||||
13 | preceding paragraph shall be reduced by the amount allocated | ||||||
14 | and disbursed
under this paragraph in the preceding calendar | ||||||
15 | year. The Department shall
prepare and certify to the | ||||||
16 | Comptroller for disbursement the allocations made in
| ||||||
17 | accordance with this paragraph.
| ||||||
18 | A county may direct, by ordinance, that all or a portion of | ||||||
19 | the taxes and penalties collected under the Special County | ||||||
20 | Retailers' Occupation Tax For Public Safety, Public | ||||||
21 | Facilities, Mental Health, Substance Abuse, or Transportation | ||||||
22 | be deposited into the Transportation Development Partnership | ||||||
23 | Trust Fund. | ||||||
24 | (d) For the purpose of determining the local governmental | ||||||
25 | unit whose tax is
applicable, a retail sale by a producer of | ||||||
26 | coal or another mineral mined in
Illinois is a sale at retail |
| |||||||
| |||||||
1 | at the place where the coal or other mineral mined
in Illinois | ||||||
2 | is extracted from the earth. This paragraph does not apply to | ||||||
3 | coal
or another mineral when it is delivered or shipped by the | ||||||
4 | seller to the
purchaser
at a point outside Illinois so that the | ||||||
5 | sale is exempt under the United States
Constitution as a sale | ||||||
6 | in interstate or foreign commerce.
| ||||||
7 | (e) Nothing in this Section shall be construed to authorize | ||||||
8 | a county to
impose a
tax upon the privilege of engaging in any | ||||||
9 | business that under the Constitution
of the United States may | ||||||
10 | not be made the subject of taxation by this State.
| ||||||
11 | (e-5) If a county imposes a tax under this Section, the | ||||||
12 | county board may,
by ordinance, discontinue or lower the rate | ||||||
13 | of the tax. If the county board
lowers the tax rate or | ||||||
14 | discontinues the tax, a referendum must be
held in accordance | ||||||
15 | with subsection (a) of this Section in order to increase the
| ||||||
16 | rate of the tax or to reimpose the discontinued tax.
| ||||||
17 | (f) Beginning April 1, 1998 and through December 31, 2013, | ||||||
18 | the results of any election authorizing a
proposition to impose | ||||||
19 | a tax
under this Section or effecting a change in the rate of | ||||||
20 | tax, or any ordinance
lowering the rate or discontinuing the | ||||||
21 | tax,
shall be certified
by the
county clerk and filed with the | ||||||
22 | Illinois Department of Revenue
either (i) on or
before the | ||||||
23 | first day of April, whereupon the Department shall proceed to
| ||||||
24 | administer and enforce the tax as of the first day of July next | ||||||
25 | following
the filing; or (ii)
on or before the first day of | ||||||
26 | October, whereupon the
Department shall proceed to administer |
| |||||||
| |||||||
1 | and enforce the tax as of the first
day of January next | ||||||
2 | following the filing.
| ||||||
3 | Beginning January 1, 2014, the results of any election | ||||||
4 | authorizing a proposition to impose a tax under this Section or | ||||||
5 | effecting an increase in the rate of tax, along with the | ||||||
6 | ordinance adopted to impose the tax or increase the rate of the | ||||||
7 | tax, or any ordinance adopted to lower the rate or discontinue | ||||||
8 | the tax, shall be certified by the county clerk and filed with | ||||||
9 | the Illinois Department of Revenue either (i) on or before the | ||||||
10 | first day of May, whereupon the Department shall proceed to | ||||||
11 | administer and enforce the tax as of the first day of July next | ||||||
12 | following the adoption and filing; or (ii) on or before the | ||||||
13 | first day of October, whereupon the Department shall proceed to | ||||||
14 | administer and enforce the tax as of the first day of January | ||||||
15 | next following the adoption and filing. | ||||||
16 | (g) When certifying the amount of a monthly disbursement to | ||||||
17 | a county under
this
Section, the Department shall increase or | ||||||
18 | decrease the amounts by an amount
necessary to offset any | ||||||
19 | miscalculation of previous disbursements. The offset
amount | ||||||
20 | shall be the amount erroneously disbursed within the previous 6 | ||||||
21 | months
from the time a miscalculation is discovered.
| ||||||
22 | (h) This Section may be cited as the "Special County | ||||||
23 | Occupation Tax
For Public Safety, Public Facilities, Mental | ||||||
24 | Health, Substance Abuse, or Transportation Law".
| ||||||
25 | (i) For purposes of this Section, "public safety" includes, | ||||||
26 | but is not
limited to, crime prevention, detention, fire |
| |||||||
| |||||||
1 | fighting, police, medical,
ambulance, or other emergency
| ||||||
2 | services. The county may share tax proceeds received under this | ||||||
3 | Section for public safety purposes, including proceeds | ||||||
4 | received before August 4, 2009 (the effective date of Public | ||||||
5 | Act 96-124), with any fire protection district located in the | ||||||
6 | county. For the purposes of this Section, "transportation" | ||||||
7 | includes, but
is not limited to, the construction,
maintenance, | ||||||
8 | operation, and improvement of public highways, any other
| ||||||
9 | purpose for which a county may expend funds under the Illinois | ||||||
10 | Highway Code,
and passenger rail transportation. For the | ||||||
11 | purposes of this Section, "public facilities purposes" | ||||||
12 | includes, but is not limited to, the acquisition, development, | ||||||
13 | construction, reconstruction, rehabilitation, improvement, | ||||||
14 | financing, architectural planning, and installation of capital | ||||||
15 | facilities consisting of buildings, structures, and durable | ||||||
16 | equipment and for the acquisition and improvement of real | ||||||
17 | property and interest in real property required, or expected to | ||||||
18 | be required, in connection with the public facilities, for use | ||||||
19 | by the county for the furnishing of governmental services to | ||||||
20 | its citizens, including but not limited to museums and nursing | ||||||
21 | homes. | ||||||
22 | (j) The Department may promulgate rules to implement Public | ||||||
23 | Act 95-1002 only to the extent necessary to apply the existing | ||||||
24 | rules for the Special County Retailers' Occupation Tax for | ||||||
25 | Public Safety to this new purpose for public facilities.
| ||||||
26 | (Source: P.A. 99-4, eff. 5-31-15; 99-217, eff. 7-31-15; 99-642, |
| |||||||
| |||||||
1 | eff. 7-28-16; 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
2 | 100-1167, eff. 1-4-19; 100-1171, eff. 1-4-19; revised 1-9-19.)
| ||||||
3 | (55 ILCS 5/5-1035.1) (from Ch. 34, par. 5-1035.1)
| ||||||
4 | Sec. 5-1035.1. County Motor Fuel Tax Law. The county board | ||||||
5 | of the
counties of DuPage, Kane and McHenry may, by an | ||||||
6 | ordinance or resolution
adopted by an affirmative vote of a | ||||||
7 | majority of the members elected or
appointed to the county | ||||||
8 | board, impose a tax upon all persons engaged in the
county in | ||||||
9 | the business of selling motor fuel, as now or hereafter defined
| ||||||
10 | in the Motor Fuel Tax Law, at retail for the operation of motor | ||||||
11 | vehicles
upon public highways or for the operation of | ||||||
12 | recreational watercraft upon
waterways. Kane County may exempt | ||||||
13 | diesel fuel from the tax imposed pursuant
to this Section. The | ||||||
14 | tax may be imposed, in half-cent increments, at a
rate not | ||||||
15 | exceeding 4 cents per gallon of motor fuel sold at retail | ||||||
16 | within
the county for the purpose of use or consumption and not | ||||||
17 | for the purpose of
resale. The proceeds from the tax shall be | ||||||
18 | used by the county solely for
the purpose of operating, | ||||||
19 | constructing and improving public highways and
waterways, and | ||||||
20 | acquiring real property and right-of-ways for public
highways | ||||||
21 | and waterways within the county imposing the tax.
| ||||||
22 | A tax imposed pursuant to this Section, and all civil | ||||||
23 | penalties that may
be assessed as an incident thereof, shall be | ||||||
24 | administered, collected and
enforced by the Illinois | ||||||
25 | Department of Revenue in the same manner as the
tax imposed |
| |||||||
| |||||||
1 | under the Retailers' Occupation Tax Act, as now or hereafter
| ||||||
2 | amended, insofar as may be practicable; except that in the | ||||||
3 | event of a
conflict with the provisions of this Section, this | ||||||
4 | Section shall control.
The Department of Revenue shall have | ||||||
5 | full power: to administer and enforce
this Section; to collect | ||||||
6 | all taxes and penalties due hereunder; to dispose
of taxes and | ||||||
7 | penalties so collected in the manner hereinafter provided; and
| ||||||
8 | to determine all rights to credit memoranda arising on account | ||||||
9 | of the
erroneous payment of tax or penalty hereunder.
| ||||||
10 | Whenever the Department determines that a refund shall be | ||||||
11 | made under
this Section to a claimant instead of issuing a | ||||||
12 | credit memorandum, the
Department shall notify the State | ||||||
13 | Comptroller, who shall cause the
order to be drawn for the | ||||||
14 | amount specified, and to the person named,
in the notification | ||||||
15 | from the Department. The refund shall be paid by
the State | ||||||
16 | Treasurer out of the County Option Motor Fuel Tax Fund.
| ||||||
17 | The Department shall forthwith pay over to the State | ||||||
18 | Treasurer,
ex-officio, as trustee, all taxes and penalties | ||||||
19 | collected hereunder, which
shall be deposited into the County | ||||||
20 | Option Motor Fuel Tax Fund, a special
fund in the State | ||||||
21 | Treasury which is hereby created. On or before the 25th
day of | ||||||
22 | each calendar month, the Department shall prepare and certify | ||||||
23 | to the
State Comptroller the disbursement of stated sums of | ||||||
24 | money to named
counties for which taxpayers have paid taxes or | ||||||
25 | penalties hereunder to the
Department during the second | ||||||
26 | preceding calendar month. The amount to be
paid to each county |
| |||||||
| |||||||
1 | shall be the amount (not including credit memoranda)
collected | ||||||
2 | hereunder from retailers within the county during the second
| ||||||
3 | preceding calendar month by the Department, but not including | ||||||
4 | an amount
equal to the amount of refunds made during the second | ||||||
5 | preceding calendar
month by the Department on behalf of the | ||||||
6 | county;
less
2% of the balance, which sum shall be retained by | ||||||
7 | the State Treasurer to cover the costs incurred by the | ||||||
8 | Department in administering and enforcing the provisions of | ||||||
9 | this Section. The Department, at the time of each monthly | ||||||
10 | disbursement to the counties, shall prepare and certify to the | ||||||
11 | Comptroller the amount so retained by the State Treasurer, | ||||||
12 | which shall be transferred into the Tax Compliance and | ||||||
13 | Administration Fund. | ||||||
14 | A county may direct, by ordinance, that all or a portion of | ||||||
15 | the taxes and penalties collected under the County Option Motor | ||||||
16 | Fuel Tax shall be deposited into the Transportation Development | ||||||
17 | Partnership Trust Fund.
| ||||||
18 | Nothing in this Section shall be construed to authorize a | ||||||
19 | county to
impose a tax upon the privilege of engaging in any | ||||||
20 | business which under
the Constitution of the United States may | ||||||
21 | not be made the subject of
taxation by this State.
| ||||||
22 | An ordinance or resolution imposing a tax hereunder or | ||||||
23 | effecting a
change in the rate thereof shall be effective on | ||||||
24 | the first day of the second
calendar month next following the | ||||||
25 | month in which the ordinance or
resolution is adopted and a | ||||||
26 | certified copy thereof is filed with the
Department of Revenue, |
| |||||||
| |||||||
1 | whereupon the Department of Revenue shall proceed
to administer | ||||||
2 | and enforce this Section on behalf of the county as of the
| ||||||
3 | effective date of the ordinance or resolution. Upon a change in | ||||||
4 | rate of a
tax levied hereunder, or upon the discontinuance of | ||||||
5 | the tax, the county
board of the county shall, on or not later | ||||||
6 | than 5 days after the effective
date of the ordinance or | ||||||
7 | resolution discontinuing the tax or effecting a
change in rate, | ||||||
8 | transmit to the Department of Revenue a certified copy of
the | ||||||
9 | ordinance or resolution effecting the change or | ||||||
10 | discontinuance.
| ||||||
11 | This Section shall be known and may be cited as the County | ||||||
12 | Motor Fuel
Tax Law.
| ||||||
13 | (Source: P.A. 98-1049, eff. 8-25-14.)
| ||||||
14 | (55 ILCS 5/3-4006.1 rep.)
| ||||||
15 | Section 75. The Counties Code is amended by repealing | ||||||
16 | Section 3-4006.1. | ||||||
17 | Section 80. The Illinois Banking Act is amended by changing | ||||||
18 | Section 48 as follows:
| ||||||
19 | (205 ILCS 5/48)
| ||||||
20 | Sec. 48. Secretary's powers; duties. The Secretary shall | ||||||
21 | have the
powers and authority, and is charged with the duties | ||||||
22 | and responsibilities
designated in this Act, and a State bank | ||||||
23 | shall not be subject to any
other visitorial power other than |
| |||||||
| |||||||
1 | as authorized by this Act, except those
vested in the courts, | ||||||
2 | or upon prior consultation with the Secretary, a
foreign bank | ||||||
3 | regulator with an appropriate supervisory interest in the | ||||||
4 | parent
or affiliate of a state bank. In the performance of the | ||||||
5 | Secretary's
duties:
| ||||||
6 | (1) The Commissioner shall call for statements from all | ||||||
7 | State banks
as provided in Section 47 at least one time | ||||||
8 | during each calendar quarter.
| ||||||
9 | (2) (a) The Commissioner, as often as the Commissioner | ||||||
10 | shall deem
necessary or
proper, and no less frequently than | ||||||
11 | 18 months following the preceding
examination, shall | ||||||
12 | appoint a suitable person or
persons to make an examination | ||||||
13 | of the affairs of every State bank,
except that for every | ||||||
14 | eligible State bank, as defined by regulation, the
| ||||||
15 | Commissioner in lieu of the examination may accept on an | ||||||
16 | alternating basis the
examination made by the eligible | ||||||
17 | State bank's appropriate federal banking
agency pursuant | ||||||
18 | to Section 111 of the Federal Deposit Insurance Corporation
| ||||||
19 | Improvement Act of 1991, provided the appropriate federal | ||||||
20 | banking agency has
made such an examination. A person so | ||||||
21 | appointed shall not be a stockholder or
officer or employee | ||||||
22 | of
any bank which that person may be directed to examine, | ||||||
23 | and shall have
powers to make a thorough examination into | ||||||
24 | all the affairs of the bank and
in so doing to examine any | ||||||
25 | of the officers or agents or employees thereof
on oath and | ||||||
26 | shall make a full and detailed report of the condition of |
| |||||||
| |||||||
1 | the
bank to the Commissioner. In making the examination the | ||||||
2 | examiners shall
include an examination of the affairs of | ||||||
3 | all the affiliates of the bank, as
defined in subsection | ||||||
4 | (b) of Section 35.2 of this Act, or subsidiaries of the
| ||||||
5 | bank as shall be
necessary to disclose fully the conditions | ||||||
6 | of the subsidiaries or
affiliates, the relations
between | ||||||
7 | the bank and the subsidiaries or affiliates and the effect | ||||||
8 | of those
relations upon
the affairs of the bank, and in | ||||||
9 | connection therewith shall have power to
examine any of the | ||||||
10 | officers, directors, agents, or employees of the
| ||||||
11 | subsidiaries or affiliates
on oath. After May 31, 1997, the | ||||||
12 | Commissioner may enter into cooperative
agreements
with | ||||||
13 | state regulatory authorities of other states to provide for | ||||||
14 | examination of
State bank branches in those states, and the | ||||||
15 | Commissioner may accept reports
of examinations of State | ||||||
16 | bank branches from those state regulatory authorities.
| ||||||
17 | These cooperative agreements may set forth the manner in | ||||||
18 | which the other state
regulatory authorities may be | ||||||
19 | compensated for examinations prepared for and
submitted to | ||||||
20 | the Commissioner.
| ||||||
21 | (b) After May 31, 1997, the Commissioner is authorized | ||||||
22 | to examine, as often
as the Commissioner shall deem | ||||||
23 | necessary or proper, branches of out-of-state
banks. The | ||||||
24 | Commissioner may establish and may assess fees to be paid | ||||||
25 | to the
Commissioner for examinations under this subsection | ||||||
26 | (b). The fees shall be
borne by the out-of-state bank, |
| |||||||
| |||||||
1 | unless the fees are borne by the state
regulatory authority | ||||||
2 | that chartered the out-of-state bank, as determined by a
| ||||||
3 | cooperative agreement between the Commissioner and the | ||||||
4 | state regulatory
authority that chartered the out-of-state | ||||||
5 | bank.
| ||||||
6 | (2.1) Pursuant to paragraph (a) of subsection (6) of | ||||||
7 | this Section, the Secretary shall adopt rules that ensure | ||||||
8 | consistency and due process in the examination process. The | ||||||
9 | Secretary may also establish guidelines that (i) define the | ||||||
10 | scope of the examination process and (ii) clarify | ||||||
11 | examination items to be resolved. The rules, formal | ||||||
12 | guidance, interpretive letters, or opinions furnished to | ||||||
13 | State banks by the Secretary may be relied upon by the | ||||||
14 | State banks. | ||||||
15 | (2.5) Whenever any State bank, any subsidiary or | ||||||
16 | affiliate of a State
bank, or after May 31, 1997, any | ||||||
17 | branch of an out-of-state bank causes to
be performed, by | ||||||
18 | contract or otherwise, any bank services
for itself, | ||||||
19 | whether on or off its premises:
| ||||||
20 | (a) that performance shall be subject to | ||||||
21 | examination by the Commissioner
to the same extent as | ||||||
22 | if services were being performed by the bank or, after
| ||||||
23 | May 31, 1997, branch of the out-of-state bank itself
on | ||||||
24 | its own premises; and
| ||||||
25 | (b) the bank or, after May 31, 1997, branch of the | ||||||
26 | out-of-state bank
shall notify the Commissioner of the |
| |||||||
| |||||||
1 | existence of a service
relationship. The notification | ||||||
2 | shall be submitted with the first statement
of | ||||||
3 | condition (as required by Section 47 of this Act) due | ||||||
4 | after the making
of the service contract or the | ||||||
5 | performance of the service, whichever occurs
first. | ||||||
6 | The Commissioner shall be notified of each subsequent | ||||||
7 | contract in
the same manner.
| ||||||
8 | For purposes of this subsection (2.5), the term "bank | ||||||
9 | services" means
services such as sorting and posting of | ||||||
10 | checks and deposits, computation
and posting of interest | ||||||
11 | and other credits and charges, preparation and
mailing of | ||||||
12 | checks, statements, notices, and similar items, or any | ||||||
13 | other
clerical, bookkeeping, accounting, statistical, or | ||||||
14 | similar functions
performed for a State bank, including but | ||||||
15 | not limited to electronic data
processing related to those | ||||||
16 | bank services.
| ||||||
17 | (3) The expense of administering this Act, including | ||||||
18 | the expense of
the examinations of State banks as provided | ||||||
19 | in this Act, shall to the extent
of the amounts resulting | ||||||
20 | from the fees provided for in paragraphs (a),
(a-2), and | ||||||
21 | (b) of this subsection (3) be assessed against and borne by | ||||||
22 | the
State banks:
| ||||||
23 | (a) Each bank shall pay to the Secretary a Call | ||||||
24 | Report Fee which
shall be paid in quarterly | ||||||
25 | installments equal
to one-fourth of the sum of the | ||||||
26 | annual fixed fee of $800, plus a variable
fee based on |
| |||||||
| |||||||
1 | the assets shown on the quarterly statement of | ||||||
2 | condition
delivered to the Secretary in accordance | ||||||
3 | with Section 47 for the
preceding quarter according to | ||||||
4 | the following schedule: 16¢ per $1,000 of
the first | ||||||
5 | $5,000,000 of total assets, 15¢ per $1,000 of the next
| ||||||
6 | $20,000,000 of total assets, 13¢ per $1,000 of the next | ||||||
7 | $75,000,000 of
total assets, 9¢ per $1,000 of the next | ||||||
8 | $400,000,000 of total assets, 7¢
per $1,000 of the next | ||||||
9 | $500,000,000 of total assets, and 5¢ per $1,000 of
all | ||||||
10 | assets in excess of $1,000,000,000, of the State bank. | ||||||
11 | The Call Report
Fee shall be calculated by the | ||||||
12 | Secretary and billed to the banks for
remittance at the | ||||||
13 | time of the quarterly statements of condition
provided | ||||||
14 | for in Section 47. The Secretary may require payment of | ||||||
15 | the fees
provided in this Section by an electronic | ||||||
16 | transfer of funds or an automatic
debit of an account | ||||||
17 | of each of the State banks. In case more than one
| ||||||
18 | examination of any
bank is deemed by the Secretary to | ||||||
19 | be necessary in any examination
frequency cycle | ||||||
20 | specified in subsection 2(a) of this Section,
and is | ||||||
21 | performed at his direction, the Secretary may
assess a | ||||||
22 | reasonable additional fee to recover the cost of the | ||||||
23 | additional
examination.
In lieu
of the method and | ||||||
24 | amounts set forth in this paragraph (a) for the | ||||||
25 | calculation
of the Call Report Fee, the Secretary may | ||||||
26 | specify by
rule that the Call Report Fees provided by |
| |||||||
| |||||||
1 | this Section may be assessed
semiannually or some other | ||||||
2 | period and may provide in the rule the formula to
be
| ||||||
3 | used for calculating and assessing the periodic Call | ||||||
4 | Report Fees to be paid by
State
banks.
| ||||||
5 | (a-1) If in the opinion of the Commissioner an | ||||||
6 | emergency exists or
appears likely, the Commissioner | ||||||
7 | may assign an examiner or examiners to
monitor the | ||||||
8 | affairs of a State bank with whatever frequency he | ||||||
9 | deems
appropriate, including but not limited to a daily | ||||||
10 | basis. The reasonable
and necessary expenses of the | ||||||
11 | Commissioner during the period of the monitoring
shall | ||||||
12 | be borne by the subject bank. The Commissioner shall | ||||||
13 | furnish the
State bank a statement of time and expenses | ||||||
14 | if requested to do so within 30
days of the conclusion | ||||||
15 | of the monitoring period.
| ||||||
16 | (a-2) On and after January 1, 1990, the reasonable | ||||||
17 | and necessary
expenses of the Commissioner during | ||||||
18 | examination of the performance of
electronic data | ||||||
19 | processing services under subsection (2.5) shall be
| ||||||
20 | borne by the banks for which the services are provided. | ||||||
21 | An amount, based
upon a fee structure prescribed by the | ||||||
22 | Commissioner, shall be paid by the
banks or, after May | ||||||
23 | 31, 1997, branches of out-of-state banks receiving the
| ||||||
24 | electronic data processing services along with the
| ||||||
25 | Call Report Fee assessed under paragraph (a) of this
| ||||||
26 | subsection (3).
|
| |||||||
| |||||||
1 | (a-3) After May 31, 1997, the reasonable and | ||||||
2 | necessary expenses of the
Commissioner during | ||||||
3 | examination of the performance of electronic data
| ||||||
4 | processing services under subsection (2.5) at or on | ||||||
5 | behalf of branches of
out-of-state banks shall be borne | ||||||
6 | by the out-of-state banks, unless those
expenses are | ||||||
7 | borne by the state regulatory authorities that | ||||||
8 | chartered the
out-of-state banks, as determined by | ||||||
9 | cooperative agreements between the
Commissioner and | ||||||
10 | the state regulatory authorities that chartered the
| ||||||
11 | out-of-state banks.
| ||||||
12 | (b) "Fiscal year" for purposes of this Section 48 | ||||||
13 | is defined as a
period beginning July 1 of any year and | ||||||
14 | ending June 30 of the next year.
The Commissioner shall | ||||||
15 | receive for each fiscal year, commencing with the
| ||||||
16 | fiscal year ending June 30, 1987, a contingent fee | ||||||
17 | equal to the lesser of
the aggregate of the fees paid | ||||||
18 | by all State banks under paragraph (a) of
subsection | ||||||
19 | (3) for that year, or the amount, if any, whereby the | ||||||
20 | aggregate
of the administration expenses, as defined | ||||||
21 | in paragraph (c), for that
fiscal year exceeds the sum | ||||||
22 | of the aggregate of the fees payable by all
State banks | ||||||
23 | for that year under paragraph (a) of subsection (3),
| ||||||
24 | plus any amounts transferred into the Bank and Trust | ||||||
25 | Company Fund from the
State Pensions Fund for that | ||||||
26 | year,
plus all
other amounts collected by the |
| |||||||
| |||||||
1 | Commissioner for that year under any
other provision of | ||||||
2 | this Act, plus the aggregate of all fees
collected for | ||||||
3 | that year by the Commissioner under the Corporate | ||||||
4 | Fiduciary
Act, excluding the receivership fees | ||||||
5 | provided for in Section 5-10 of the
Corporate Fiduciary | ||||||
6 | Act, and the Foreign Banking Office Act.
The aggregate | ||||||
7 | amount of the contingent
fee thus arrived at for any | ||||||
8 | fiscal year shall be apportioned amongst,
assessed | ||||||
9 | upon, and paid by the State banks and foreign banking | ||||||
10 | corporations,
respectively, in the same proportion
| ||||||
11 | that the fee of each under paragraph (a) of subsection | ||||||
12 | (3), respectively,
for that year bears to the aggregate | ||||||
13 | for that year of the fees collected
under paragraph (a) | ||||||
14 | of subsection (3). The aggregate amount of the
| ||||||
15 | contingent fee, and the portion thereof to be assessed | ||||||
16 | upon each State
bank and foreign banking corporation,
| ||||||
17 | respectively, shall be determined by the Commissioner | ||||||
18 | and shall be paid by
each, respectively, within 120 | ||||||
19 | days of the close of the period for which
the | ||||||
20 | contingent fee is computed and is payable, and the | ||||||
21 | Commissioner shall
give 20 days' advance notice of the | ||||||
22 | amount of the contingent fee payable by
the State bank | ||||||
23 | and of the date fixed by the Commissioner for payment | ||||||
24 | of
the fee.
| ||||||
25 | (c) The "administration expenses" for any fiscal | ||||||
26 | year shall mean the
ordinary and contingent expenses |
| |||||||
| |||||||
1 | for that year incident to making the
examinations | ||||||
2 | provided for by, and for otherwise administering, this | ||||||
3 | Act,
the Corporate Fiduciary Act, excluding the | ||||||
4 | expenses paid from the
Corporate Fiduciary | ||||||
5 | Receivership account in the Bank and Trust Company
| ||||||
6 | Fund, the Foreign Banking Office Act,
the Electronic | ||||||
7 | Fund Transfer Act,
and the Illinois Bank Examiners'
| ||||||
8 | Education Foundation Act, including all salaries and | ||||||
9 | other
compensation paid for personal services rendered | ||||||
10 | for the State by
officers or employees of the State, | ||||||
11 | including the Commissioner and the
Deputy | ||||||
12 | Commissioners, communication equipment and services, | ||||||
13 | office furnishings, surety bond
premiums, and travel | ||||||
14 | expenses of those officers and employees, employees,
| ||||||
15 | expenditures or charges for the acquisition, | ||||||
16 | enlargement or improvement
of, or for the use of, any | ||||||
17 | office space, building, or structure, or
expenditures | ||||||
18 | for the maintenance thereof or for furnishing heat, | ||||||
19 | light,
or power with respect thereto, all to the extent | ||||||
20 | that those expenditures
are directly incidental to | ||||||
21 | such examinations or administration.
The Commissioner | ||||||
22 | shall not be required by paragraphs (c) or (d-1) of | ||||||
23 | this
subsection (3) to maintain in any fiscal year's | ||||||
24 | budget appropriated reserves
for accrued vacation and | ||||||
25 | accrued sick leave that is required to be paid to
| ||||||
26 | employees of the Commissioner upon termination of |
| |||||||
| |||||||
1 | their service with the
Commissioner in an amount that | ||||||
2 | is more than is reasonably anticipated to be
necessary | ||||||
3 | for any anticipated turnover in employees, whether due | ||||||
4 | to normal
attrition or due to layoffs, terminations, or | ||||||
5 | resignations.
| ||||||
6 | (d) The aggregate of all fees collected by the | ||||||
7 | Secretary under
this Act, the Corporate Fiduciary Act,
| ||||||
8 | or the Foreign Banking Office Act on
and after July 1, | ||||||
9 | 1979, shall be paid promptly after receipt of the same,
| ||||||
10 | accompanied by a detailed statement thereof, into the | ||||||
11 | State treasury and
shall be set apart in a special fund | ||||||
12 | to be known as the "Bank and Trust
Company Fund", | ||||||
13 | except as provided in paragraph (c) of subsection (11) | ||||||
14 | of
this Section. All earnings received from | ||||||
15 | investments of funds in the Bank
and
Trust Company Fund | ||||||
16 | shall be deposited in the Bank and Trust Company Fund
| ||||||
17 | and may be used for the same purposes as fees deposited | ||||||
18 | in that Fund. The
amount from time to time deposited | ||||||
19 | into the Bank and
Trust Company Fund shall be used: (i) | ||||||
20 | to offset the ordinary administrative
expenses of the | ||||||
21 | Secretary as defined in
this Section or (ii) as a | ||||||
22 | credit against fees under paragraph (d-1) of this | ||||||
23 | subsection (3). Nothing in Public Act 81-131 this | ||||||
24 | amendatory Act of 1979 shall prevent
continuing the | ||||||
25 | practice of paying expenses involving salaries, | ||||||
26 | retirement,
social security, and State-paid insurance |
| |||||||
| |||||||
1 | premiums of State officers by
appropriations from the | ||||||
2 | General Revenue Fund. However, the General Revenue
| ||||||
3 | Fund shall be reimbursed for those payments made on and | ||||||
4 | after July 1, 1979,
by an annual transfer of funds from | ||||||
5 | the Bank and Trust Company Fund. Moneys in the Bank and | ||||||
6 | Trust Company Fund may be transferred to the | ||||||
7 | Professions Indirect Cost Fund, as authorized under | ||||||
8 | Section 2105-300 of the Department of Professional | ||||||
9 | Regulation Law of the Civil Administrative Code of | ||||||
10 | Illinois.
| ||||||
11 | Notwithstanding provisions in the State Finance | ||||||
12 | Act, as now or hereafter amended, or any other law to | ||||||
13 | the contrary, the sum of $18,788,847 shall be | ||||||
14 | transferred from the Bank and Trust Company Fund to the | ||||||
15 | Financial Institutions Settlement of 2008 Fund on the | ||||||
16 | effective date of this amendatory Act of the 95th | ||||||
17 | General Assembly, or as soon thereafter as practical. | ||||||
18 | Notwithstanding provisions in the State Finance | ||||||
19 | Act, as now or hereafter amended, or any other law to | ||||||
20 | the contrary, the Governor may, during any fiscal year | ||||||
21 | through January 10, 2011, from time to time direct the | ||||||
22 | State Treasurer and Comptroller to transfer a | ||||||
23 | specified sum not exceeding 10% of the revenues to be | ||||||
24 | deposited into the Bank and Trust Company Fund during | ||||||
25 | that fiscal year from that Fund to the General Revenue | ||||||
26 | Fund in order to help defray the State's operating |
| |||||||
| |||||||
1 | costs for the fiscal year. Notwithstanding provisions | ||||||
2 | in the State Finance Act, as now or hereafter amended, | ||||||
3 | or any other law to the contrary, the total sum | ||||||
4 | transferred during any fiscal year through January 10, | ||||||
5 | 2011, from the Bank and Trust Company Fund to the | ||||||
6 | General Revenue Fund pursuant to this provision shall | ||||||
7 | not exceed during any fiscal year 10% of the revenues | ||||||
8 | to be deposited into the Bank and Trust Company Fund | ||||||
9 | during that fiscal year. The State Treasurer and | ||||||
10 | Comptroller shall transfer the amounts designated | ||||||
11 | under this Section as soon as may be practicable after | ||||||
12 | receiving the direction to transfer from the Governor.
| ||||||
13 | (d-1) Adequate funds shall be available in the Bank | ||||||
14 | and Trust
Company Fund to permit the timely payment of | ||||||
15 | administration expenses. In
each fiscal year the total | ||||||
16 | administration expenses shall be deducted from
the | ||||||
17 | total fees collected by the Commissioner and the | ||||||
18 | remainder transferred
into the Cash Flow Reserve | ||||||
19 | Account, unless the balance of the Cash Flow
Reserve | ||||||
20 | Account prior to the transfer equals or exceeds
| ||||||
21 | one-fourth of the total initial appropriations from | ||||||
22 | the Bank and Trust
Company Fund for the subsequent | ||||||
23 | year, in which case the remainder shall be
credited to | ||||||
24 | State banks and foreign banking corporations
and | ||||||
25 | applied against their fees for the subsequent
year. The | ||||||
26 | amount credited to each State bank and foreign banking |
| |||||||
| |||||||
1 | corporation
shall be in the same proportion as the
Call | ||||||
2 | Report Fees paid by each for the year bear to the total | ||||||
3 | Call Report
Fees collected for the year. If, after a | ||||||
4 | transfer to the Cash Flow Reserve
Account is made or if | ||||||
5 | no remainder is available for transfer, the balance
of | ||||||
6 | the Cash Flow Reserve Account is less than one-fourth | ||||||
7 | of the total
initial appropriations for the subsequent | ||||||
8 | year and the amount transferred
is less than 5% of the | ||||||
9 | total Call Report Fees for the year, additional
amounts | ||||||
10 | needed to make the transfer equal to 5% of the total | ||||||
11 | Call Report
Fees for the year shall be apportioned | ||||||
12 | amongst, assessed upon, and
paid by the State banks and | ||||||
13 | foreign banking corporations
in the same proportion | ||||||
14 | that the Call Report Fees of each,
respectively, for | ||||||
15 | the year bear to the total Call Report Fees collected | ||||||
16 | for
the year. The additional amounts assessed shall be | ||||||
17 | transferred into the
Cash Flow Reserve Account. For | ||||||
18 | purposes of this paragraph (d-1), the
calculation of | ||||||
19 | the fees collected by the Commissioner shall exclude | ||||||
20 | the
receivership fees provided for in Section 5-10 of | ||||||
21 | the Corporate Fiduciary Act.
| ||||||
22 | (e) The Commissioner may upon request certify to | ||||||
23 | any public record
in his keeping and shall have | ||||||
24 | authority to levy a reasonable charge for
issuing | ||||||
25 | certifications of any public record in his keeping.
| ||||||
26 | (f) In addition to fees authorized elsewhere in |
| |||||||
| |||||||
1 | this Act, the
Commissioner
may, in connection with a | ||||||
2 | review, approval, or provision of a service, levy a
| ||||||
3 | reasonable charge to recover the cost of the review, | ||||||
4 | approval, or service.
| ||||||
5 | (4) Nothing contained in this Act shall be construed to | ||||||
6 | limit the
obligation relative to examinations and reports | ||||||
7 | of any State bank, deposits
in which are to any extent | ||||||
8 | insured by the United States or any agency
thereof, nor to | ||||||
9 | limit in any way the powers of the Commissioner with
| ||||||
10 | reference to examinations and reports of that bank.
| ||||||
11 | (5) The nature and condition of the assets in or | ||||||
12 | investment of any
bonus, pension, or profit sharing plan | ||||||
13 | for officers or employees of every
State bank or, after May | ||||||
14 | 31, 1997, branch of an out-of-state bank shall be
deemed to | ||||||
15 | be included in the affairs of that State
bank or branch of | ||||||
16 | an out-of-state bank subject to examination by the
| ||||||
17 | Commissioner under the
provisions of subsection (2) of this | ||||||
18 | Section, and if the Commissioner
shall find from an | ||||||
19 | examination that the condition of or operation
of the | ||||||
20 | investments or assets of the plan is unlawful, fraudulent, | ||||||
21 | or
unsafe, or that any trustee has abused his trust, the | ||||||
22 | Commissioner
shall, if the situation so found by the | ||||||
23 | Commissioner shall not be
corrected to his satisfaction | ||||||
24 | within 60 days after the Commissioner has
given notice to | ||||||
25 | the board of directors of the State bank or out-of-state
| ||||||
26 | bank of his
findings, report the facts to the Attorney |
| |||||||
| |||||||
1 | General who shall thereupon
institute proceedings against | ||||||
2 | the State bank or out-of-state bank, the
board of directors
| ||||||
3 | thereof, or the trustees under such plan as the nature of | ||||||
4 | the case may require.
| ||||||
5 | (6) The Commissioner shall have the power:
| ||||||
6 | (a) To promulgate reasonable rules for the purpose | ||||||
7 | of
administering the provisions of this Act.
| ||||||
8 | (a-5) To impose conditions on any approval issued | ||||||
9 | by the Commissioner
if he determines that the | ||||||
10 | conditions are necessary or appropriate. These
| ||||||
11 | conditions shall be imposed in writing and shall | ||||||
12 | continue
in effect for the period prescribed by the | ||||||
13 | Commissioner.
| ||||||
14 | (b) To issue orders
against any person, if the | ||||||
15 | Commissioner has
reasonable cause to believe that an | ||||||
16 | unsafe or unsound banking practice
has occurred, is | ||||||
17 | occurring, or is about to occur, if any person has | ||||||
18 | violated,
is violating, or is about to violate any law, | ||||||
19 | rule, or written
agreement with the Commissioner, or
| ||||||
20 | for the purpose of administering the provisions of
this | ||||||
21 | Act and any rule promulgated in accordance with this | ||||||
22 | Act.
| ||||||
23 | (b-1) To enter into agreements with a bank | ||||||
24 | establishing a program to
correct the condition of the | ||||||
25 | bank or its practices.
| ||||||
26 | (c) To appoint hearing officers to execute any of |
| |||||||
| |||||||
1 | the powers granted to
the Commissioner under this | ||||||
2 | Section for the purpose of administering this
Act and | ||||||
3 | any rule promulgated in accordance with this Act
and | ||||||
4 | otherwise to authorize, in writing, an officer or | ||||||
5 | employee of the Office
of
Banks and Real Estate to | ||||||
6 | exercise his powers under this Act.
| ||||||
7 | (d) To subpoena witnesses, to compel their | ||||||
8 | attendance, to administer
an oath, to examine any | ||||||
9 | person under oath, and to require the production of
any | ||||||
10 | relevant books, papers, accounts, and documents in the | ||||||
11 | course of and
pursuant to any investigation being | ||||||
12 | conducted, or any action being taken,
by the | ||||||
13 | Commissioner in respect of any matter relating to the | ||||||
14 | duties imposed
upon, or the powers vested in, the | ||||||
15 | Commissioner under the provisions of
this Act or any | ||||||
16 | rule promulgated in accordance with this Act.
| ||||||
17 | (e) To conduct hearings.
| ||||||
18 | (7) Whenever, in the opinion of the Secretary, any | ||||||
19 | director,
officer, employee, or agent of a State bank
or | ||||||
20 | any subsidiary or bank holding company of the bank
or, | ||||||
21 | after May 31, 1997, of any
branch of an out-of-state bank
| ||||||
22 | or any subsidiary or bank holding company of the bank
shall | ||||||
23 | have violated any law,
rule, or order relating to that bank
| ||||||
24 | or any subsidiary or bank holding company of the bank, | ||||||
25 | shall have
obstructed or impeded any examination or | ||||||
26 | investigation by the Secretary, shall have engaged in an |
| |||||||
| |||||||
1 | unsafe or
unsound practice in conducting the business of | ||||||
2 | that bank
or any subsidiary or bank holding company of the | ||||||
3 | bank,
or shall have
violated any law or engaged or | ||||||
4 | participated in any unsafe or unsound practice
in | ||||||
5 | connection with any financial institution or other | ||||||
6 | business entity such that
the character and fitness of the | ||||||
7 | director, officer, employee, or agent does not
assure | ||||||
8 | reasonable promise of safe and sound operation of the State | ||||||
9 | bank, the
Secretary
may issue an order of removal.
If, in | ||||||
10 | the opinion of the Secretary, any former director, officer,
| ||||||
11 | employee,
or agent of a State bank
or any subsidiary or | ||||||
12 | bank holding company of the bank, prior to the
termination | ||||||
13 | of his or her service with
that bank
or any subsidiary or | ||||||
14 | bank holding company of the bank, violated any law,
rule, | ||||||
15 | or order relating to that
State bank
or any subsidiary or | ||||||
16 | bank holding company of the bank, obstructed or impeded
any | ||||||
17 | examination or investigation by the Secretary, engaged in | ||||||
18 | an unsafe or unsound practice in conducting the
business of | ||||||
19 | that bank
or any subsidiary or bank holding company of the | ||||||
20 | bank,
or violated any law or engaged or participated in any
| ||||||
21 | unsafe or unsound practice in connection with any financial | ||||||
22 | institution or
other business entity such that the | ||||||
23 | character and fitness of the director,
officer, employee, | ||||||
24 | or agent would not have assured reasonable promise of safe
| ||||||
25 | and sound operation of the State bank, the Secretary may | ||||||
26 | issue an order
prohibiting that person from
further
service |
| |||||||
| |||||||
1 | with a bank
or any subsidiary or bank holding company of | ||||||
2 | the bank
as a director, officer, employee, or agent. An | ||||||
3 | order
issued pursuant to this subsection shall be served | ||||||
4 | upon the
director,
officer, employee, or agent. A copy of | ||||||
5 | the order shall be sent to each
director of the bank | ||||||
6 | affected by registered mail. A copy of
the order shall also | ||||||
7 | be served upon the bank of which he is a director,
officer, | ||||||
8 | employee, or agent, whereupon he shall cease to be a | ||||||
9 | director,
officer, employee, or agent of that bank. The | ||||||
10 | Secretary may
institute a civil action against the | ||||||
11 | director, officer, or agent of the
State bank or, after May | ||||||
12 | 31, 1997, of the branch of the out-of-state bank
against | ||||||
13 | whom any order provided for by this subsection (7) of
this | ||||||
14 | Section 48 has been issued, and against the State bank or, | ||||||
15 | after May 31,
1997, out-of-state bank, to enforce
| ||||||
16 | compliance with or to enjoin any violation of the terms of | ||||||
17 | the order.
Any person who has been the subject of an order | ||||||
18 | of removal
or
an order of prohibition issued by the | ||||||
19 | Secretary under
this subsection or Section 5-6 of the | ||||||
20 | Corporate Fiduciary Act may not
thereafter serve as | ||||||
21 | director, officer, employee, or agent of any State bank
or | ||||||
22 | of any branch of any out-of-state bank,
or of any corporate | ||||||
23 | fiduciary, as defined in Section 1-5.05 of the
Corporate
| ||||||
24 | Fiduciary Act, or of any other entity that is subject to | ||||||
25 | licensure or
regulation by the Division of Banking unless
| ||||||
26 | the Secretary has granted prior approval in writing.
|
| |||||||
| |||||||
1 | For purposes of this paragraph (7), "bank holding | ||||||
2 | company" has the
meaning prescribed in Section 2 of the | ||||||
3 | Illinois Bank Holding Company Act of
1957.
| ||||||
4 | (8) The Commissioner may impose civil penalties of up | ||||||
5 | to $100,000 against
any person for each violation of any | ||||||
6 | provision of this Act, any rule
promulgated in accordance | ||||||
7 | with this Act, any order of the Commissioner, or
any other | ||||||
8 | action which in the Commissioner's discretion is an unsafe | ||||||
9 | or
unsound banking practice.
| ||||||
10 | (9) The Commissioner may impose civil penalties of up | ||||||
11 | to $100
against any person for the first failure to comply | ||||||
12 | with reporting
requirements set forth in the report of | ||||||
13 | examination of the bank and up to
$200 for the second and | ||||||
14 | subsequent failures to comply with those reporting
| ||||||
15 | requirements.
| ||||||
16 | (10) All final administrative decisions of the | ||||||
17 | Commissioner hereunder
shall be subject to judicial review | ||||||
18 | pursuant to the provisions of the
Administrative Review | ||||||
19 | Law. For matters involving administrative review,
venue | ||||||
20 | shall be in either Sangamon County or Cook County.
| ||||||
21 | (11) The endowment fund for the Illinois Bank | ||||||
22 | Examiners' Education
Foundation shall be administered as | ||||||
23 | follows:
| ||||||
24 | (a) (Blank).
| ||||||
25 | (b) The Foundation is empowered to receive | ||||||
26 | voluntary contributions,
gifts, grants, bequests, and |
| |||||||
| |||||||
1 | donations on behalf of the Illinois Bank
Examiners' | ||||||
2 | Education Foundation from national banks and other | ||||||
3 | persons for
the purpose of funding the endowment of the | ||||||
4 | Illinois Bank Examiners'
Education Foundation.
| ||||||
5 | (c) The aggregate of all special educational fees | ||||||
6 | collected by the
Secretary and property received by the | ||||||
7 | Secretary on behalf of the
Illinois Bank Examiners' | ||||||
8 | Education Foundation under this subsection
(11) on or | ||||||
9 | after June 30, 1986, shall be either (i) promptly paid | ||||||
10 | after
receipt of the same, accompanied by a detailed | ||||||
11 | statement thereof, into the
State Treasury and shall be | ||||||
12 | set apart in a special fund to be known as "The
| ||||||
13 | Illinois Bank Examiners' Education Fund" to be | ||||||
14 | invested by either the
Treasurer of the State of | ||||||
15 | Illinois in the Public Treasurers' Investment
Pool or | ||||||
16 | in any other investment he is authorized to make or by | ||||||
17 | the Illinois
State Board of Investment as the State | ||||||
18 | Banking Board of Illinois may direct or (ii) deposited | ||||||
19 | into an account
maintained in a commercial bank or | ||||||
20 | corporate fiduciary in the name of the
Illinois Bank | ||||||
21 | Examiners' Education Foundation pursuant to the order | ||||||
22 | and
direction of the Board of Trustees of the Illinois | ||||||
23 | Bank Examiners' Education
Foundation.
| ||||||
24 | (12) (Blank).
| ||||||
25 | (13) The Secretary may borrow funds from the General | ||||||
26 | Revenue Fund on behalf of the Bank and Trust Company Fund |
| |||||||
| |||||||
1 | if the Director of Banking certifies to the Governor that | ||||||
2 | there is an economic emergency affecting banking that | ||||||
3 | requires a borrowing to provide additional funds to the | ||||||
4 | Bank and Trust Company Fund. The borrowed funds shall be | ||||||
5 | paid back within 3 years and shall not exceed the total | ||||||
6 | funding appropriated to the Agency in the previous year. | ||||||
7 | (14) In addition to the fees authorized in this Act, | ||||||
8 | the Secretary may assess reasonable receivership fees | ||||||
9 | against any State bank that does not maintain insurance | ||||||
10 | with the Federal Deposit Insurance Corporation. All fees | ||||||
11 | collected under this subsection (14) shall be paid into the | ||||||
12 | Non-insured Institutions Receivership account in the Bank | ||||||
13 | and Trust Company Fund, as established by the Secretary. | ||||||
14 | The fees assessed under this subsection (14) shall provide | ||||||
15 | for the expenses that arise from the administration of the | ||||||
16 | receivership of any such institution required to pay into | ||||||
17 | the Non-insured Institutions Receivership account, whether | ||||||
18 | pursuant to this Act, the Corporate Fiduciary Act, the | ||||||
19 | Foreign Banking Office Act, or any other Act that requires | ||||||
20 | payments into the Non-insured Institutions Receivership | ||||||
21 | account. The Secretary may establish by rule a reasonable | ||||||
22 | manner of assessing fees under this subsection (14). | ||||||
23 | (Source: P.A. 99-39, eff. 1-1-16; 100-22, eff. 1-1-18 .)
| ||||||
24 | Section 85. The Illinois Public Aid Code is amended by | ||||||
25 | changing Sections 12-5 and 12-10.10 as follows: |
| |||||||
| |||||||
1 | (305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
| ||||||
2 | Sec. 12-5. Appropriations; uses; federal grants; report to
| ||||||
3 | General Assembly. From the sums appropriated by the General | ||||||
4 | Assembly,
the Illinois Department shall order for payment by | ||||||
5 | warrant from the State
Treasury grants for public aid under | ||||||
6 | Articles III, IV, and V,
including
grants for funeral and | ||||||
7 | burial expenses, and all costs of administration of
the | ||||||
8 | Illinois Department and the County Departments relating | ||||||
9 | thereto. Moneys
appropriated to the Illinois Department for | ||||||
10 | public aid under Article VI may
be used, with the consent of | ||||||
11 | the Governor, to co-operate
with federal, State, and local | ||||||
12 | agencies in the development of work
projects designed to | ||||||
13 | provide suitable employment for persons receiving
public aid | ||||||
14 | under Article VI. The Illinois Department, with the consent
of | ||||||
15 | the Governor, may be the agent of the State for the receipt and
| ||||||
16 | disbursement of federal funds or commodities for public aid | ||||||
17 | purposes
under Article VI and for related purposes in which the
| ||||||
18 | co-operation of the Illinois Department is sought by the | ||||||
19 | federal
government, and, in connection therewith, may make | ||||||
20 | necessary
expenditures from moneys appropriated for public aid | ||||||
21 | under any Article
of this Code and for administration. The | ||||||
22 | Illinois Department , with the
consent of the Governor, may be | ||||||
23 | the agent of the State for the receipt and
disbursement of | ||||||
24 | federal funds pursuant to the Immigration Reform and
Control | ||||||
25 | Act of 1986 and may make necessary expenditures from monies
|
| |||||||
| |||||||
1 | appropriated to it for operations, administration, and grants, | ||||||
2 | including
payment to the Health Insurance Reserve Fund for | ||||||
3 | group insurance costs at
the rate certified by the Department | ||||||
4 | of Central Management Services. All
amounts received by the | ||||||
5 | Illinois Department pursuant to the Immigration Reform
and | ||||||
6 | Control Act of 1986 shall be deposited in the Immigration | ||||||
7 | Reform and
Control Fund. All amounts received into the | ||||||
8 | Immigration Reform and Control
Fund as reimbursement for | ||||||
9 | expenditures from the General Revenue Fund shall be
transferred | ||||||
10 | to the General Revenue Fund.
| ||||||
11 | All grants received by the Illinois Department for programs | ||||||
12 | funded by the
Federal Social Services Block Grant shall be | ||||||
13 | deposited in the Social Services
Block Grant Fund. All funds | ||||||
14 | received into the Social Services Block Grant Fund
as | ||||||
15 | reimbursement for expenditures from the General Revenue Fund | ||||||
16 | shall be
transferred to the General Revenue Fund. All funds | ||||||
17 | received into the Social
Services Block Grant fund for | ||||||
18 | reimbursement for expenditure out of the Local
Initiative Fund | ||||||
19 | shall be transferred into the Local Initiative Fund. Any other
| ||||||
20 | federal funds received into the Social Services Block Grant | ||||||
21 | Fund shall be
transferred to the DHS Special Purposes Trust | ||||||
22 | Fund. All federal funds received by
the Illinois Department as | ||||||
23 | reimbursement for Employment and Training Programs
for | ||||||
24 | expenditures made by the Illinois Department from grants, | ||||||
25 | gifts, or
legacies as provided in Section 12-4.18 or made by an | ||||||
26 | entity other than the
Illinois Department and all federal funds |
| |||||||
| |||||||
1 | received from the Emergency Contingency Fund for State | ||||||
2 | Temporary Assistance for Needy Families Programs established | ||||||
3 | by the American Recovery and Reinvestment Act of 2009 shall be | ||||||
4 | deposited into the Employment and Training Fund.
| ||||||
5 | During each State fiscal year, an amount not exceeding a | ||||||
6 | total of $68,800,000 of the federal funds received by the
| ||||||
7 | Illinois Department under the provisions of Title IV-A of the | ||||||
8 | federal Social Security Act shall be deposited
into the DCFS | ||||||
9 | Children's Services
Fund.
| ||||||
10 | All federal funds, except those covered by the foregoing 3
| ||||||
11 | paragraphs, received as reimbursement for expenditures from | ||||||
12 | the General Revenue
Fund shall be deposited in the General | ||||||
13 | Revenue Fund for administrative and
distributive expenditures | ||||||
14 | properly chargeable by federal law or regulation to
aid | ||||||
15 | programs established under Articles III through XII and Titles | ||||||
16 | IV, XVI, XIX
and XX of the Federal Social Security Act. Any | ||||||
17 | other federal funds received by
the Illinois Department under | ||||||
18 | Sections 12-4.6, 12-4.18 and
12-4.19 that are required by | ||||||
19 | Section 12-10 of this Code to be paid into the
DHS Special | ||||||
20 | Purposes Trust Fund shall be deposited into the DHS Special | ||||||
21 | Purposes Trust
Fund. Any other federal funds received by the | ||||||
22 | Illinois Department pursuant to
the Child Support Enforcement | ||||||
23 | Program established by Title IV-D of the Social
Security Act | ||||||
24 | shall be deposited in the Child Support Enforcement Trust Fund
| ||||||
25 | as required under Section 12-10.2 or in the Child Support | ||||||
26 | Administrative Fund as required under Section 12-10.2a of this |
| |||||||
| |||||||
1 | Code. Any other federal funds received by the Illinois | ||||||
2 | Department for
expenditures made under Title XIX of the Social | ||||||
3 | Security Act and Articles
V and VI of this Code that are | ||||||
4 | required by Section 15-2 of this Code
to be paid into the | ||||||
5 | County Provider Trust Fund shall be deposited
into the County | ||||||
6 | Provider Trust Fund. Any other federal funds received
by the | ||||||
7 | Illinois Department for hospital
inpatient, hospital | ||||||
8 | ambulatory care, and disproportionate share hospital
| ||||||
9 | expenditures made under Title XIX of the Social Security Act | ||||||
10 | and Article V of
this Code that are required by Section 5A-8 of | ||||||
11 | this Code to be paid into the
Hospital Provider Fund shall be | ||||||
12 | deposited into the Hospital Provider Fund. Any
other federal | ||||||
13 | funds received by the Illinois Department for medical
| ||||||
14 | assistance program expenditures made under Title XIX of the | ||||||
15 | Social Security
Act and Article V of this Code that are | ||||||
16 | required by Section 5B-8 of this
Code to be paid into the | ||||||
17 | Long-Term Care Provider Fund shall be deposited
into the | ||||||
18 | Long-Term Care Provider Fund. Any other federal funds received | ||||||
19 | by
the Illinois Department for medical assistance program | ||||||
20 | expenditures made
under Title XIX of the Social Security Act | ||||||
21 | and Article V of this Code that
are required by Section 5C-7 of | ||||||
22 | this Code to be paid into the
Care Provider Fund for Persons | ||||||
23 | with a Developmental Disability shall be deposited into the
| ||||||
24 | Care Provider Fund for Persons with a Developmental Disability. | ||||||
25 | Any other federal funds received
by the Illinois Department for | ||||||
26 | trauma center
adjustment payments that are required by Section |
| |||||||
| |||||||
1 | 5-5.03 of this Code and made
under Title XIX of the Social | ||||||
2 | Security Act and Article V of this Code shall be
deposited into | ||||||
3 | the Trauma Center Fund. Any other federal funds received by
the | ||||||
4 | Illinois Department as reimbursement for expenses for early | ||||||
5 | intervention
services paid from the Early Intervention | ||||||
6 | Services Revolving Fund shall be
deposited into that Fund.
| ||||||
7 | The Illinois Department shall report to the General | ||||||
8 | Assembly at the
end of each fiscal quarter the amount of all | ||||||
9 | funds received and paid into
the Social Services Block Grant | ||||||
10 | Fund and the Local Initiative Fund and the
expenditures and | ||||||
11 | transfers of such funds for services, programs and other
| ||||||
12 | purposes authorized by law. Such report shall be filed with the | ||||||
13 | Speaker,
Minority Leader and Clerk of the House, with the | ||||||
14 | President, Minority Leader
and Secretary of the Senate, with | ||||||
15 | the Chairmen of the House and Senate
Appropriations Committees, | ||||||
16 | the House Human Resources Committee and the
Senate Public | ||||||
17 | Health, Welfare and Corrections Committee, or the successor
| ||||||
18 | standing Committees of each as provided by the rules of the | ||||||
19 | House and
Senate, respectively, with the Commission on | ||||||
20 | Government Forecasting and Accountability and with the State
| ||||||
21 | Government Report Distribution Center for the General Assembly | ||||||
22 | as is
required under paragraph (t) of Section 7 of the State | ||||||
23 | Library Act
shall be deemed sufficient to comply with this | ||||||
24 | Section.
| ||||||
25 | (Source: P.A. 99-143, eff. 7-27-15; 99-933, Article 5, Section | ||||||
26 | 5-130, eff. 1-27-17; 99-933, Article 15, Section 15-50, eff. |
| |||||||
| |||||||
1 | 1-27-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18; | ||||||
2 | 100-1148, eff. 12-10-18.) | ||||||
3 | (305 ILCS 5/12-10.10) | ||||||
4 | Sec. 12-10.10. DHS Technology Initiative Fund. | ||||||
5 | (a) The DHS Technology Initiative Fund is hereby created as | ||||||
6 | a trust fund within the State treasury with the State Treasurer | ||||||
7 | as the ex-officio custodian of the Fund. | ||||||
8 | (b) The Department of Human Services may accept and receive | ||||||
9 | grants, awards, gifts, and bequests from any source, public or | ||||||
10 | private, in support of information technology initiatives. | ||||||
11 | Moneys received in support of information technology | ||||||
12 | initiatives, and any interest earned thereon, shall be | ||||||
13 | deposited into the DHS Technology Initiative Fund. | ||||||
14 | (c) Moneys in the Fund may be used by the Department of | ||||||
15 | Human Services for the purpose of making grants associated with | ||||||
16 | the development and implementation of information technology | ||||||
17 | projects or paying for operational expenses of the Department | ||||||
18 | of Human Services related to such projects. | ||||||
19 | (d) The Department of Human Services, in consultation with | ||||||
20 | the Department of Innovation and Technology, shall use the | ||||||
21 | funds deposited in the DHS Technology Initiative Fund to pay | ||||||
22 | for information technology solutions either provided by | ||||||
23 | Department of Innovation and Technology or arranged or | ||||||
24 | coordinated by the Department of Innovation and Technology.
| ||||||
25 | (Source: P.A. 100-611, eff. 7-20-18.)
|
| |||||||
| |||||||
1 | (305 ILCS 10/Act rep.)
| ||||||
2 | Section 90. The Food and Housing Assistance Act is | ||||||
3 | repealed. | ||||||
4 | (505 ILCS 35/Art. IV rep.) | ||||||
5 | Section 95. The Illinois Conservation Enhancement Act is | ||||||
6 | amended by repealing Article IV. | ||||||
7 | Section 100. The Clerks of Courts Act is amended by | ||||||
8 | changing Section 27.3a as follows:
| ||||||
9 | (705 ILCS 105/27.3a)
| ||||||
10 | (Section scheduled to be repealed on July 1, 2019)
| ||||||
11 | Sec. 27.3a. Fees for automated record keeping, probation | ||||||
12 | and court services operations, State and Conservation Police | ||||||
13 | operations, and e-business programs.
| ||||||
14 | 1. The expense of establishing and maintaining automated | ||||||
15 | record
keeping systems in the offices of the clerks of the | ||||||
16 | circuit court shall
be borne by the county. To defray such | ||||||
17 | expense in any county having
established such an automated | ||||||
18 | system or which elects to establish such a
system, the county | ||||||
19 | board may require the clerk of the circuit court in
their | ||||||
20 | county to charge and collect a court automation fee of not less | ||||||
21 | than
$1 nor more than $25 to be charged and collected by the | ||||||
22 | clerk of the court.
Such fee shall be paid at the time of |
| |||||||
| |||||||
1 | filing the first pleading, paper or
other appearance filed by | ||||||
2 | each party in all civil cases or by the defendant
in any | ||||||
3 | felony, traffic, misdemeanor, municipal ordinance, or | ||||||
4 | conservation
case upon a judgment of guilty or grant of | ||||||
5 | supervision, provided that
the record keeping system which | ||||||
6 | processes the case
category for which the fee is charged is | ||||||
7 | automated or has been approved for
automation by the county | ||||||
8 | board, and provided further that no additional fee
shall be | ||||||
9 | required if more than one party is presented in a single | ||||||
10 | pleading,
paper or other appearance. Such fee shall be | ||||||
11 | collected in the manner in
which all other fees or costs are | ||||||
12 | collected.
| ||||||
13 | 1.1. Starting on July 6, 2012 (the effective date of Public | ||||||
14 | Act 97-761) and pursuant to an administrative order from the | ||||||
15 | chief judge of the circuit or the presiding judge of the county | ||||||
16 | authorizing such collection, a clerk of the circuit court in | ||||||
17 | any county that imposes a fee pursuant to subsection 1 of this | ||||||
18 | Section shall also charge and collect an additional $10 | ||||||
19 | operations fee for probation and court services department | ||||||
20 | operations. | ||||||
21 | This additional fee shall be paid by the defendant in any | ||||||
22 | felony, traffic, misdemeanor, local ordinance, or conservation | ||||||
23 | case upon a judgment of guilty or grant of supervision, except | ||||||
24 | such $10 operations fee shall not be charged and collected in | ||||||
25 | cases governed by Supreme Court Rule 529 in which the bail | ||||||
26 | amount is $120 or less. |
| |||||||
| |||||||
1 | 1.2. With respect to the fee imposed and collected under | ||||||
2 | subsection 1.1 of this Section, each clerk shall transfer all | ||||||
3 | fees monthly to the county treasurer for deposit into the | ||||||
4 | probation and court services fund created under Section 15.1 of | ||||||
5 | the Probation and Probation Officers Act, and such monies shall | ||||||
6 | be disbursed from the fund only at the direction of the chief | ||||||
7 | judge of the circuit or another judge designated by the Chief | ||||||
8 | Circuit Judge in accordance with the policies and guidelines | ||||||
9 | approved by the Supreme Court. | ||||||
10 | 1.5. Starting on June 1, 2014, a clerk of the circuit court | ||||||
11 | in any county that imposes a fee pursuant to subsection 1 of | ||||||
12 | this Section, shall charge and collect an additional fee in an | ||||||
13 | amount equal to the amount of the fee imposed pursuant to | ||||||
14 | subsection 1 of this Section, except the fee imposed under this | ||||||
15 | subsection may not be more than $15. This additional fee shall | ||||||
16 | be paid by the defendant in any felony, traffic, misdemeanor, | ||||||
17 | or local ordinance case upon a judgment of guilty or grant of | ||||||
18 | supervision. This fee shall not be paid by the defendant for | ||||||
19 | any violation listed in subsection 1.6 of this Section. | ||||||
20 | 1.6. Starting on June 1, 2014, a clerk of the circuit court | ||||||
21 | in any county that imposes a fee pursuant to subsection 1 of | ||||||
22 | this Section shall charge and collect an additional fee in an | ||||||
23 | amount equal to the amount of the fee imposed pursuant to | ||||||
24 | subsection 1 of this Section, except the fee imposed under this | ||||||
25 | subsection may not be more than $15. This additional fee shall | ||||||
26 | be paid by the defendant upon a judgment of guilty or grant of |
| |||||||
| |||||||
1 | supervision for a violation under the State Parks Act, the | ||||||
2 | Recreational Trails of Illinois Act, the Illinois Explosives | ||||||
3 | Act, the Timber Buyers Licensing Act, the Forest Products | ||||||
4 | Transportation Act, the Firearm Owners Identification Card | ||||||
5 | Act, the Environmental Protection Act, the Fish and Aquatic | ||||||
6 | Life Code, the Wildlife Code, the Cave Protection Act, the | ||||||
7 | Illinois Exotic Weed Act, the Illinois Forestry Development | ||||||
8 | Act, the Ginseng Harvesting Act, the Illinois Lake Management | ||||||
9 | Program Act, the Illinois Natural Areas Preservation Act, the | ||||||
10 | Illinois Open Land Trust Act, the Open Space Lands Acquisition | ||||||
11 | and Development Act, the Illinois Prescribed Burning Act, the | ||||||
12 | State Forest Act, the Water Use Act of 1983, the Illinois | ||||||
13 | Veteran, Youth, and Young Adult Conservation Jobs Act, the | ||||||
14 | Snowmobile Registration and Safety Act, the Boat Registration | ||||||
15 | and Safety Act, the Illinois Dangerous Animals Act, the Hunter | ||||||
16 | and Fishermen Interference Prohibition Act, the Wrongful Tree | ||||||
17 | Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, | ||||||
18 | 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of | ||||||
19 | the Illinois Vehicle Code, or Section 48-3 or 48-10 of the | ||||||
20 | Criminal Code of 2012. | ||||||
21 | 1.7. Starting on September 18, 2016 ( the 30th day after the | ||||||
22 | effective date of Public Act 99-859) this amendatory Act of the | ||||||
23 | 99th General Assembly , a clerk of the circuit court in any | ||||||
24 | county that imposes a fee pursuant to subsection 1 of this | ||||||
25 | Section shall also charge and collect an additional $9 | ||||||
26 | e-business fee. The fee shall be paid at the time of filing the |
| |||||||
| |||||||
1 | first pleading, paper, or other appearance filed by each party | ||||||
2 | in all civil cases, except no additional fee shall be required | ||||||
3 | if more than one party is presented in a single pleading, | ||||||
4 | paper, or other appearance. The fee shall be collected in the | ||||||
5 | manner in which all other fees or costs are collected. The fee | ||||||
6 | shall be in addition to all other fees and charges of the | ||||||
7 | clerk, and assessable as costs, and may be waived only if the | ||||||
8 | judge specifically provides for the waiver of the e-business | ||||||
9 | fee. The fee shall not be charged in any matter coming to the | ||||||
10 | clerk on a change of venue, nor in any proceeding to review the | ||||||
11 | decision of any administrative officer, agency, or body. | ||||||
12 | 2. With respect to the fee imposed under subsection 1 of | ||||||
13 | this Section, each clerk shall commence such charges and | ||||||
14 | collections upon receipt
of written notice from the chairman of | ||||||
15 | the county board together with a
certified copy of the board's | ||||||
16 | resolution, which the clerk shall file of
record in his office.
| ||||||
17 | 3. With respect to the fee imposed under subsection 1 of | ||||||
18 | this Section, such fees shall be in addition to all other fees | ||||||
19 | and charges of such
clerks, and assessable as costs, and may be | ||||||
20 | waived only if the judge
specifically provides for the waiver | ||||||
21 | of the court automation fee. The
fees shall be remitted monthly | ||||||
22 | by such clerk to the county treasurer, to be
retained by him in | ||||||
23 | a special fund designated as the court automation fund.
The | ||||||
24 | fund shall be audited by the county auditor, and the board | ||||||
25 | shall make
expenditure from the fund in payment of any cost | ||||||
26 | related to the automation
of court records, including hardware, |
| |||||||
| |||||||
1 | software, research and development
costs and personnel related | ||||||
2 | thereto, provided that the expenditure is
approved by the clerk | ||||||
3 | of the court and by the chief judge of the circuit
court or his | ||||||
4 | designate.
| ||||||
5 | 4. With respect to the fee imposed under subsection 1 of | ||||||
6 | this Section, such fees shall not be charged in any matter | ||||||
7 | coming to any such clerk
on change of venue, nor in any | ||||||
8 | proceeding to review the decision of any
administrative | ||||||
9 | officer, agency or body.
| ||||||
10 | 5. With respect to the additional fee imposed under | ||||||
11 | subsection 1.5 of this Section, the fee shall be remitted by | ||||||
12 | the circuit clerk to the State Treasurer within one month after | ||||||
13 | receipt for deposit into the State Police Operations Assistance | ||||||
14 | Fund. | ||||||
15 | 6. (Blank). With respect to the additional fees imposed | ||||||
16 | under subsection 1.5 of this Section, the Director of State | ||||||
17 | Police may direct the use of these fees for homeland security | ||||||
18 | purposes by transferring these fees on a quarterly basis from | ||||||
19 | the State Police Operations Assistance Fund into the Illinois | ||||||
20 | Law Enforcement Alarm Systems (ILEAS) Fund for homeland | ||||||
21 | security initiatives programs. The transferred fees shall be | ||||||
22 | allocated, subject to the approval of the ILEAS Executive | ||||||
23 | Board, as follows: (i) 66.6% shall be used for homeland | ||||||
24 | security initiatives and (ii) 33.3% shall be used for airborne | ||||||
25 | operations. The ILEAS Executive Board shall annually supply the | ||||||
26 | Director of State Police with a report of the use of these |
| |||||||
| |||||||
1 | fees. | ||||||
2 | 7. With respect to the additional fee imposed under | ||||||
3 | subsection 1.6 of this Section, the fee shall be remitted by | ||||||
4 | the circuit clerk to the State Treasurer within one month after | ||||||
5 | receipt for deposit into the Conservation Police Operations | ||||||
6 | Assistance Fund. | ||||||
7 | 8. With respect to the fee imposed under subsection 1.7 of | ||||||
8 | this Section, the clerk shall remit the fee to the State | ||||||
9 | Treasurer within one month after receipt for deposit into the | ||||||
10 | Supreme Court Special Purposes Fund. Unless otherwise | ||||||
11 | authorized by this Act, the moneys deposited into the Supreme | ||||||
12 | Court Special Purposes Fund under this subsection are not | ||||||
13 | subject to administrative charges or chargebacks under Section | ||||||
14 | 20 of the State Treasurer Act. | ||||||
15 | (Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14; | ||||||
16 | 98-1016, eff. 8-22-14; 99-859, eff. 8-19-16. Repealed by P.A. | ||||||
17 | 100-987, eff. 7-1-19.)
| ||||||
18 | (730 ILCS 5/3-2-2.2 rep.)
| ||||||
19 | Section 105. The Unified Code of Corrections is amended by | ||||||
20 | repealing Section 3-2-2.2. | ||||||
21 | Section 990. The State Mandates Act is amended by adding | ||||||
22 | Section 8.43 as follows: | ||||||
23 | (30 ILCS 805/8.43 new) |
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1 | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | of this Act, no reimbursement by the State is required for the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | implementation of any mandate created by this amendatory Act of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | the 101st General Assembly. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section 996. No revival or extension. This Act does not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | revive or extend any Section or Act otherwise repealed. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Section 997. Severability. The provisions of this Act are | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | severable under Section 1.31 of the Statute on Statutes.
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9 | Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | becoming law.
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