Sen. John J. Cullerton
Filed: 5/7/2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2428
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2428, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "ARTICLE 1. EMERGENCY BUDGET ACT OF FISCAL YEAR 2011 | ||||||
6 | Section 1-1. Short title. This Act may be cited as the | ||||||
7 | Emergency Budget Act of Fiscal Year 2011. | ||||||
8 | Section 1-5. Legislative intent and purpose. The General | ||||||
9 | Assembly hereby finds and declares that the State is confronted | ||||||
10 | with an unprecedented fiscal crisis. It is the purpose of this | ||||||
11 | Act to authorize changes in State programs that are necessary | ||||||
12 | to implement the State fiscal year 2011 budget. This Act is to | ||||||
13 | be liberally construed and interpreted in a manner that allows | ||||||
14 | the State to address the fiscal crisis for the State fiscal | ||||||
15 | year 2011. |
| |||||||
| |||||||
1 | ARTICLE 3. RAILSPLITTER TOBACCO SETTLEMENT AUTHORITY ACT | ||||||
2 | Section 3-1. Short title. This Act may be cited as the | ||||||
3 | Railsplitter Tobacco Settlement Authority Act. | ||||||
4 | Section 3-2. Definitions. In this Act words or terms shall | ||||||
5 | have the following meanings unless the context or usage clearly | ||||||
6 | indicates that another meaning is intended. | ||||||
7 | (a) "Authority" means the Railsplitter Tobacco Settlement | ||||||
8 | Authority created and established pursuant to Section 3-4 of | ||||||
9 | this Act. | ||||||
10 | (b) "Authorized officer" means any of the members of the | ||||||
11 | Authority identified and described in Section 3-4 of this Act. | ||||||
12 | (c) "Bond" means any instrument evidencing the obligation | ||||||
13 | to pay money authorized or issued by or on behalf of the | ||||||
14 | Authority pursuant to the authorization granted by this Act, | ||||||
15 | including without limitation, bonds, notes, or certificates. | ||||||
16 | (d) "Bondholder" means, in the case of a bond issued in | ||||||
17 | registered form, the registered owner of the bond and | ||||||
18 | otherwise, the owner of the bond.
| ||||||
19 | (e) "Budget Director" means the Director of the Governor's | ||||||
20 | Office of Management and Budget.
| ||||||
21 | (f) "Consent Decree" means the Consent Decree and Final | ||||||
22 | Judgment of the Circuit Court of Cook County, Illinois, dated | ||||||
23 | December 8, 1998, as the same has been and may be corrected, |
| |||||||
| |||||||
1 | amended or modified, in the action entitled People of the State | ||||||
2 | of Illinois v. Philip Morris Incorporated, et al. (No. 96 L | ||||||
3 | 13146).
| ||||||
4 | (g) "Master Settlement Agreement" means the Master | ||||||
5 | Settlement Agreement, dated November 23, 1998, among the | ||||||
6 | attorneys general of 46 states, including the State of | ||||||
7 | Illinois, the District of Columbia, the Commonwealth of Puerto | ||||||
8 | Rico, Guam, the United States Virgin Islands, American Samoa | ||||||
9 | and the Territory of the Northern Mariana Islands, on the one | ||||||
10 | hand, and certain tobacco manufacturers, on the other hand, and | ||||||
11 | the subject of the Consent Decree.
| ||||||
12 | (h) "Master Settlement Escrow Agent" means the escrow agent | ||||||
13 | under the Master Settlement Agreement.
| ||||||
14 | (i) "Net proceeds of bonds" means the gross proceeds of the | ||||||
15 | sale of bonds issued under Section 3-6 of this Act, less any | ||||||
16 | amounts applied or to be applied to pay transaction and | ||||||
17 | administrative expenses, including underwriting discount, and | ||||||
18 | to fund any reserves deemed necessary or appropriate by the | ||||||
19 | Authority, but does not include any investment earnings | ||||||
20 | realized thereon.
| ||||||
21 | (j) "Participating manufacturer" means a tobacco product | ||||||
22 | manufacturer that is or becomes a signatory to the Master | ||||||
23 | Settlement Agreement.
| ||||||
24 | (k) "Pledged tobacco revenues" means the State's tobacco | ||||||
25 | settlement revenues sold to the Authority pursuant to the sale | ||||||
26 | agreement and pledged by the Authority for the payment of bonds |
| |||||||
| |||||||
1 | and any related bond facility.
| ||||||
2 | (l) "Qualifying statute" has the meaning given that term in | ||||||
3 | the Master Settlement Agreement, constituting the Tobacco | ||||||
4 | Product Manufacturers' Escrow Act.
| ||||||
5 | (m) "Related bond facility" means any interest rate | ||||||
6 | exchange or similar agreement or any bond insurance policy, | ||||||
7 | letter of credit or other credit enhancement facility, | ||||||
8 | liquidity facility, guaranteed investment or reinvestment | ||||||
9 | agreement, or other similar agreement, arrangement or | ||||||
10 | contract.
| ||||||
11 | (n) "Residual interest in tobacco settlement revenues" | ||||||
12 | means any tobacco settlement revenues determined as moneys are | ||||||
13 | received, to be not required for the identified period in which | ||||||
14 | revenues are received, to pay principal or interest on bonds or | ||||||
15 | administrative or transaction expenses of the Authority or to | ||||||
16 | fund reserves or other requirements relating to bonds issued or | ||||||
17 | related bond facilities made under this Act.
| ||||||
18 | (o) "Sale agreement" means any agreement authorized | ||||||
19 | pursuant to this Act in which the State provides for the sale | ||||||
20 | of all or a portion of the tobacco settlement revenues to the | ||||||
21 | Authority.
| ||||||
22 | (p) "State" means the State of Illinois.
| ||||||
23 | (q) "State Finance Act" means the State Finance Act of the | ||||||
24 | State, as amended (30 ILCS 105/1 et seq.).
| ||||||
25 | (r) "Tobacco settlement bond proceeds account" means the | ||||||
26 | Account by that name within the Tobacco Settlement Recovery |
| |||||||
| |||||||
1 | Fund established under Section 6z-43(a) of the State Finance | ||||||
2 | Act.
| ||||||
3 | (s) "Tobacco Settlement Residual Account" means the | ||||||
4 | Account by that name within the Tobacco Settlement Recovery | ||||||
5 | Fund established under Section 6z-43(a) of the State Finance | ||||||
6 | Act.
| ||||||
7 | (t) "Tobacco settlement revenues" means all tobacco | ||||||
8 | settlement payments received by the State on and after the | ||||||
9 | effective date of this Act and required to be made, pursuant to | ||||||
10 | the terms of the Master Settlement Agreement, by participating | ||||||
11 | manufacturers and the State's rights to receive the tobacco | ||||||
12 | settlement payments on and after the effective date of this | ||||||
13 | Act, exclusive of any payments made with respect to liability | ||||||
14 | to make those payments for calendar years completed before the | ||||||
15 | effective date of this Act. | ||||||
16 | Section 3-3. Transfer and sale of State's right to tobacco | ||||||
17 | settlement revenues. During fiscal years 2010 and 2011, the | ||||||
18 | State may sell, convey, or otherwise transfer to the Authority | ||||||
19 | the tobacco settlement revenues in exchange for the net | ||||||
20 | proceeds of bonds and a right to the residual interest in | ||||||
21 | tobacco settlement revenues. Unless otherwise directed by | ||||||
22 | statute, the net proceeds of bonds shall be deposited in the | ||||||
23 | Tobacco Settlement Bond Proceeds Account, and the residual | ||||||
24 | interest in tobacco settlement revenues received by the State | ||||||
25 | from time to time shall be deposited in the Tobacco Settlement |
| |||||||
| |||||||
1 | Residual Account, in each case to be applied for the purposes | ||||||
2 | and in the manner described in this Act and in Section 6z-43 of | ||||||
3 | the State Finance Act. | ||||||
4 | Any sale, conveyance, or other transfer authorized by this | ||||||
5 | Section shall be evidenced by an instrument or agreement in | ||||||
6 | writing signed on behalf of the State by the Governor. A | ||||||
7 | certified copy of the instrument or agreement shall be filed | ||||||
8 | with the Governor, Comptroller, Treasurer, Budget Director, | ||||||
9 | Speaker and Minority Leader of the House of Representatives, | ||||||
10 | President and Minority Leader of the Senate, and the Commission | ||||||
11 | on Government Forecasting and Accountability promptly upon | ||||||
12 | execution and delivery thereof. The instrument or agreement may | ||||||
13 | include an irrevocable direction to the Master Settlement | ||||||
14 | Escrow Agent to pay all or a specified portion of the tobacco | ||||||
15 | settlement revenues directly to or upon the order of the | ||||||
16 | Authority, or to any escrow agent or any trustee under an | ||||||
17 | indenture or other agreement securing any bonds issued or | ||||||
18 | related bond facilities made under this Act. Upon execution and | ||||||
19 | delivery of the sale agreement as provided in this Act, the | ||||||
20 | sale, conveyance, or other transfer of the right to receive the | ||||||
21 | Tobacco Settlement Revenues, shall, for all purposes, be a true | ||||||
22 | sale and absolute conveyance of all right, title, and interest | ||||||
23 | therein and not as a pledge or other security interest for any | ||||||
24 | borrowing, valid, binding, and enforceable in accordance with | ||||||
25 | the terms thereof and such instrument or agreements and any | ||||||
26 | related instrument, agreement, or other arrangement, including |
| |||||||
| |||||||
1 | any pledge, grant of security interest, or other encumbrance | ||||||
2 | made by Authority to secure any Bonds issued by the Authority, | ||||||
3 | and shall not be subject to disavowal, disaffirmance, | ||||||
4 | cancellation, or avoidance by reason of insolvency of any | ||||||
5 | party, lack of consideration, or any other fact, occurrence, or | ||||||
6 | rule of law. On and after the effective date of the sale of any | ||||||
7 | portion (including all) of the tobacco settlement revenues, the | ||||||
8 | State shall have no right, title or interest in or to the | ||||||
9 | portion of the tobacco settlement revenues sold, and the | ||||||
10 | portion of the tobacco settlement revenues so sold shall be the | ||||||
11 | property of the Authority, and shall be received, held and | ||||||
12 | disbursed by the Authority in a trust fund outside the State | ||||||
13 | treasury. Any portions of the tobacco settlement revenues sold | ||||||
14 | and held in trust shall be invested in accordance with the | ||||||
15 | Public Funds Investment Act. | ||||||
16 | The State may not transfer any right to those amounts | ||||||
17 | received by the State which were deposited into the Disputed | ||||||
18 | Payments Account or withheld in accordance with Section | ||||||
19 | XI(f)(2) of the Master Settlement Agreement prior to the | ||||||
20 | closing of any Bonds issued pursuant to this Act. | ||||||
21 | The procedures and requirements set forth in this Section | ||||||
22 | shall be the sole procedures and requirements applicable to the | ||||||
23 | sale of the tobacco settlement revenues. | ||||||
24 | Section 3-4. Establishment and Powers of Authority. The | ||||||
25 | Authority is hereby established as a special purpose |
| |||||||
| |||||||
1 | corporation which shall be body corporate and politic of, but | ||||||
2 | having a legal existence independent and separate from, the | ||||||
3 | State and, accordingly, the assets, liabilities, and funds of | ||||||
4 | the Authority shall be neither consolidated nor commingled with | ||||||
5 | those of the State treasury. The Authority and its corporate | ||||||
6 | existence shall continue until 6 months after all its | ||||||
7 | liabilities have been met or otherwise discharged. Upon the | ||||||
8 | termination of the existence of the Authority, all of its | ||||||
9 | rights and property shall pass to and be vested in the State. | ||||||
10 | The Authority shall be established for the express limited | ||||||
11 | public purposes set forth in this Act, and no part of the net | ||||||
12 | earnings of the Authority shall inure to any private | ||||||
13 | individual. | ||||||
14 | The Authority shall be governed by a 3-member board | ||||||
15 | consisting of the Budget Director and two other members | ||||||
16 | appointed by the Governor. The powers of the Authority shall be | ||||||
17 | subject to the terms, conditions, and limitations contained | ||||||
18 | within this Act, and any applicable covenants or agreements of | ||||||
19 | the Authority in any indenture or other agreement relating to | ||||||
20 | any then outstanding bonds or related bond facilities. The | ||||||
21 | Authority may enter into contracts regarding any matter | ||||||
22 | connected with any corporate purpose within the objects and | ||||||
23 | purposes of this Act. The members of the Authority and the | ||||||
24 | Chief Financial Officer of the Authority shall receive no | ||||||
25 | salary or other compensation, either direct or indirect, for | ||||||
26 | serving as members of the Authority, other than reimbursement |
| |||||||
| |||||||
1 | for actual and necessary expenses incurred in the performance | ||||||
2 | of such person's duties. The Authority may elect one of its | ||||||
3 | members as chairman, who shall sign instruments or agreements | ||||||
4 | authorized by this Act on behalf of the Authority. The | ||||||
5 | Authority may also appoint a Chief Financial Officer of the | ||||||
6 | Authority who may or may not be a member of the Authority in | ||||||
7 | order to provide financial analysis and advice regarding any | ||||||
8 | transaction of the Authority. Notwithstanding the foregoing, | ||||||
9 | the Authority shall not be authorized to make any covenant, | ||||||
10 | pledge, promise or agreement purporting to bind the State with | ||||||
11 | respect to Tobacco Settlement Revenues, except as otherwise | ||||||
12 | specifically authorized by this Act. | ||||||
13 | The Authority may not file a voluntary petition under or be | ||||||
14 | or become a debtor or bankrupt under the federal bankruptcy | ||||||
15 | code or any other federal or State bankruptcy, insolvency, or | ||||||
16 | moratorium law or statute as may, from time to time, be in | ||||||
17 | effect and neither any public officer nor any organization, | ||||||
18 | entity, or other person shall authorize the Authority to be or | ||||||
19 | become a debtor or bankrupt under the federal bankruptcy code | ||||||
20 | or any other federal or State bankruptcy, insolvency, or | ||||||
21 | moratorium law or statute, as may, from time to time be in | ||||||
22 | effect. | ||||||
23 | The Authority may not guarantee the debts of another. | ||||||
24 | Section 3-5. Certain powers of the Authority. The Authority | ||||||
25 | shall have the power to: |
| |||||||
| |||||||
1 | (1) sue and be sued;
| ||||||
2 | (2) have a seal and alter the same at pleasure;
| ||||||
3 | (3) make and alter by-laws for its organization and | ||||||
4 | internal management and make rules and regulations governing | ||||||
5 | the use of its property and facilities;
| ||||||
6 | (4) appoint by and with the consent of the Attorney | ||||||
7 | General, assistant attorneys for such Authority; those | ||||||
8 | assistant attorneys shall be under the control, direction, and | ||||||
9 | supervision of the Attorney General and shall serve at his or | ||||||
10 | her pleasure; | ||||||
11 | (5) retain special counsel, subject to the approval of the | ||||||
12 | Attorney General, as needed from time to time, and fix their | ||||||
13 | compensation, provided however, such special counsel shall be | ||||||
14 | subject to the control, direction and supervision of the | ||||||
15 | Attorney General and shall serve at his or her pleasure; | ||||||
16 | (6) make and execute contracts and all other instruments | ||||||
17 | necessary or convenient for the exercise of its powers and | ||||||
18 | functions under this Section and to commence any action to | ||||||
19 | protect or enforce any right conferred upon it by any law, | ||||||
20 | contract, or other agreement, provided that any underwriter, | ||||||
21 | financial advisor, bond counsel, or other professional | ||||||
22 | providing services to the Authority may be selected pursuant to | ||||||
23 | solicitations issued and completed by the Governor's Office of | ||||||
24 | Management and Budget for those services;
| ||||||
25 | (7) appoint officers and agents, prescribe their duties and | ||||||
26 | qualifications, fix their compensation and engage the services |
| |||||||
| |||||||
1 | of private consultants and counsel on a contract basis for | ||||||
2 | rendering professional and technical assistance and advice, | ||||||
3 | provided that this shall not be construed to limit the | ||||||
4 | authority of the Attorney General provided in Section 4 of the | ||||||
5 | Attorney General Act;
| ||||||
6 | (8) pay its operating expenses and its financing costs, | ||||||
7 | including its reasonable costs of issuance and sale and those | ||||||
8 | of the Attorney General, if any, in a total amount not greater | ||||||
9 | than 1% of the principal amount of the proceeds of the bond | ||||||
10 | sale;
| ||||||
11 | (9) borrow money in its name and issue negotiable bonds and | ||||||
12 | provide for the rights of the holders thereof as otherwise | ||||||
13 | provided in this Act;
| ||||||
14 | (10) procure insurance against any loss in connection with | ||||||
15 | its activities, properties, and assets in such amount and from | ||||||
16 | such insurers as it deems desirable;
| ||||||
17 | (11) invest any funds or other moneys under its custody and | ||||||
18 | control in investment securities or under any related bond | ||||||
19 | facility;
| ||||||
20 | (12) as security for the payment of the principal of and | ||||||
21 | interest on any Bonds issued by it pursuant to this Act and any | ||||||
22 | agreement made in connection therewith and for its obligations | ||||||
23 | under any Related Bond Facility, pledge all or any part of the | ||||||
24 | tobacco settlement revenues;
| ||||||
25 | (13) do any and all things necessary or convenient to carry | ||||||
26 | out its purposes and exercise the powers expressly given and |
| |||||||
| |||||||
1 | granted in this Section.
| ||||||
2 | Section 3-6. Bonds of the Authority. | ||||||
3 | (a) The Authority shall have power and is hereby authorized | ||||||
4 | to issue bonds, in an amount no greater than $1,750,000,000, to | ||||||
5 | provide sufficient funds for the purchase of all or a portion | ||||||
6 | of the tobacco settlement revenues pursuant to Section 3-3 of | ||||||
7 | this Act and the payment or provision for financing costs. | ||||||
8 | The issuance of bonds shall be authorized by a resolution | ||||||
9 | of the Authority, adopted by a majority of the members of the | ||||||
10 | Authority without further authorization or approval. The issue | ||||||
11 | of the bonds of the Authority shall be special revenue | ||||||
12 | obligations payable from and secured by a pledge of the pledged | ||||||
13 | tobacco revenues, those proceeds of such Bonds deposited in a | ||||||
14 | reserve fund for the benefit of Bondholders, and earnings on | ||||||
15 | funds of the Authority, upon such terms and conditions as | ||||||
16 | specified by the Authority in the resolution under which the | ||||||
17 | Bonds are issued or in a related trust indenture. | ||||||
18 | The Authority shall have the power and is hereby authorized | ||||||
19 | from time to time to issue bonds, whenever it deems refunding | ||||||
20 | expedient, to refund any outstanding bonds by the issuance of | ||||||
21 | new bonds, provided that the refunding debt matures within the | ||||||
22 | term of the bonds to be refunded. The refunding bonds may be | ||||||
23 | exchanged for the bonds to be refunded or sold and the proceeds | ||||||
24 | applied to the purchase, redemption, or payment of such bonds. | ||||||
25 | (b) The bonds of each issue shall be dated, shall bear |
| |||||||
| |||||||
1 | interest (which may be includable in or excludable from the | ||||||
2 | gross income of the owners for federal income tax purposes) at | ||||||
3 | such fixed or variable rates, payable at or prior to maturity, | ||||||
4 | and shall mature at such time or times, not more than 19 years | ||||||
5 | after the date of issuance, as may be determined by the | ||||||
6 | Authority and may be made redeemable before maturity, at the | ||||||
7 | option of the Authority, at such price or prices and under such | ||||||
8 | terms and conditions as may be fixed by the Authority. The | ||||||
9 | principal and interest of such bonds may be made payable in any | ||||||
10 | lawful medium. The resolution or the certificate of the officer | ||||||
11 | of the Authority approving the issuance of the bonds shall | ||||||
12 | determine the form of the bonds and the manner of execution of | ||||||
13 | the bonds and shall fix the denomination or denominations of | ||||||
14 | the bonds and the place or places of payment of principal and | ||||||
15 | interest thereof, which may be at any bank or trust company | ||||||
16 | within or outside the State. If any officer whose signature or | ||||||
17 | a facsimile thereof appears on any bonds shall cease to be such | ||||||
18 | officer before the delivery of such bonds, such signature or | ||||||
19 | facsimile shall nevertheless be valid and sufficient for all | ||||||
20 | purposes the same as if he had remained in office until such | ||||||
21 | delivery. | ||||||
22 | (c) The Authority may sell such bonds pursuant to notice of | ||||||
23 | sale and public bid or by negotiated sale in accordance with | ||||||
24 | the corresponding procedures applicable to like sales of | ||||||
25 | general obligation bonds under Section 11 of the General | ||||||
26 | Obligation Bond Act. The proceeds of such bonds shall be |
| |||||||
| |||||||
1 | disbursed for the purposes for which such bonds were issued | ||||||
2 | under such restrictions as the sale agreement and the | ||||||
3 | resolution authorizing the issuance of such bonds or the | ||||||
4 | related trust indenture may provide. Such bonds shall be issued | ||||||
5 | upon approval of the Authority and without any other approvals, | ||||||
6 | filings, proceedings or the happening of any other conditions | ||||||
7 | or things other than the approvals, findings, proceedings, | ||||||
8 | conditions, and things that are specified and required by this | ||||||
9 | Act. | ||||||
10 | (d) Any pledge made by the Authority shall be valid and | ||||||
11 | binding at the time the pledge is made. The assets, property, | ||||||
12 | revenues, reserves, or earnings so pledged shall immediately be | ||||||
13 | subject to the lien of such pledge without any physical | ||||||
14 | delivery thereof or further act and the lien of any such pledge | ||||||
15 | shall be valid and binding as against all parties having claims | ||||||
16 | of any kind in tort, contract, or otherwise against the | ||||||
17 | Authority, irrespective of whether such parties have notice | ||||||
18 | thereof. Notwithstanding any other provision of law to the | ||||||
19 | contrary, neither the resolution nor any indenture or other | ||||||
20 | instrument by which a pledge is created or by which the | ||||||
21 | Authority's interest in pledged assets, property, revenues, | ||||||
22 | reserves, or earnings thereon is assigned need be filed, | ||||||
23 | perfected or recorded in any public records in order to protect | ||||||
24 | the pledge thereof or perfect the lien thereof as against third | ||||||
25 | parties, except that a copy thereof shall be filed in the | ||||||
26 | records of the Authority. |
| |||||||
| |||||||
1 | (e) Whether or not the bonds of the Authority are of such | ||||||
2 | form and character as to be negotiable instruments under the | ||||||
3 | terms of the Uniform Commercial Code, the bonds are hereby made | ||||||
4 | negotiable instruments for all purposes, subject only to the | ||||||
5 | provisions of the bonds for registration. | ||||||
6 | (f) At the sole discretion of the Authority, any bonds | ||||||
7 | issued by the Authority and any related bond facility made | ||||||
8 | under the provisions of this Act shall be secured by a | ||||||
9 | resolution or trust indenture by and between the Authority and | ||||||
10 | the indenture trustee, which may be any trust company or bank | ||||||
11 | having the powers of a trust company, whether located within or | ||||||
12 | outside the State. Such trust indenture or resolution providing | ||||||
13 | for the issuance of such bonds shall, without limitation, (i) | ||||||
14 | provide for the creation and maintenance of such reserves as | ||||||
15 | the Authority shall determine to be proper; (ii) include | ||||||
16 | covenants setting forth the duties of the Authority in relation | ||||||
17 | to the bonds, the income of the Authority, the related sale | ||||||
18 | agreement and the related tobacco settlement revenues; (iii) | ||||||
19 | contain provisions relating to the prompt transfer of the | ||||||
20 | residual interest upon receipt of the tobacco settlement | ||||||
21 | revenues; (iv) contain provisions respecting the custody, | ||||||
22 | safeguarding, and application of all moneys and securities; (v) | ||||||
23 | contain such provisions for protecting and enforcing against | ||||||
24 | the Authority or the State the rights and remedies (pursuant | ||||||
25 | thereto and to the sale agreement) of the owners of the bonds | ||||||
26 | and any provider of a related bond facility as may be |
| |||||||
| |||||||
1 | reasonable and proper and not in violation of law; and (vi) | ||||||
2 | contain such other provisions as the Authority may deem | ||||||
3 | reasonable and proper for priorities and subordination among | ||||||
4 | the owners of the bonds and providers of related bond | ||||||
5 | facilities. Any reference in this Act to a resolution of the | ||||||
6 | Authority shall include any trust indenture authorized | ||||||
7 | thereby. | ||||||
8 | (g) The net proceeds of bonds and any earnings thereon | ||||||
9 | shall never be pledged to, nor made available for, payment of | ||||||
10 | the bonds or any interest or redemption price thereon or any | ||||||
11 | other debt or obligation of the Authority. The net proceeds of | ||||||
12 | bonds shall be deposited by the State in the Tobacco Settlement | ||||||
13 | Bond Proceeds Account, and shall be used by the State (either | ||||||
14 | directly or by reimbursement) for the payment of outstanding | ||||||
15 | obligations of the General Revenue Fund or to supplement the | ||||||
16 | Tobacco Settlement Residual Account to pay for appropriated | ||||||
17 | obligations of the Tobacco Settlement Recovery Fund for State | ||||||
18 | fiscal year 2011 through 2013. Any residual interest in tobacco | ||||||
19 | settlement revenues shall be deposited in the Tobacco | ||||||
20 | Settlement Residual Account, and shall be used by the State | ||||||
21 | (either directly or by reimbursement) in accordance with | ||||||
22 | Section 6z-43 of the State Finance Act for appropriated | ||||||
23 | obligations of the Tobacco Settlement Recovery Fund. With | ||||||
24 | respect to any bonds of the Authority, the interest on which is | ||||||
25 | intended to be excludable from the gross income of the owners | ||||||
26 | for federal income tax purposes, the Authority and the |
| |||||||
| |||||||
1 | authorized officers may provide restrictions on the use of net | ||||||
2 | proceeds of bonds and other amounts in the sale agreement or | ||||||
3 | otherwise in a tax regulatory agreement only as necessary to | ||||||
4 | assure such tax-exempt status. | ||||||
5 | (h) The Authority may enter into, amend, or terminate, as | ||||||
6 | it determines to be necessary or appropriate, any related bond | ||||||
7 | facility (i) to facilitate the issuance, sale, resale, | ||||||
8 | purchase, repurchase, or payment of bonds, interest rate | ||||||
9 | savings or market diversification, or the making or performance | ||||||
10 | of swap contracts, including without limitation bond | ||||||
11 | insurance, letters of credit and liquidity facilities, or (ii) | ||||||
12 | to attempt to manage or hedge risk or achieve a desirable | ||||||
13 | effective interest rate or cash flow. Such facility shall be | ||||||
14 | made upon the terms and conditions established by the | ||||||
15 | Authority, including without limitation provisions as to | ||||||
16 | security, default, termination, payment, remedy, jurisdiction | ||||||
17 | and consent to service of process. | ||||||
18 | (i) The Authority may enter into, amend, or terminate, as | ||||||
19 | it deems to be necessary or appropriate, any related bond | ||||||
20 | facility to place the obligations or investments of the | ||||||
21 | Authority, as represented by the bonds or the investment of | ||||||
22 | reserves securing the bonds or related bond facilities or other | ||||||
23 | tobacco settlement revenues or its other assets, in whole or in | ||||||
24 | part, on the interest rate, cash flow, or other basis approved | ||||||
25 | by the Authority, which facility may include without limitation | ||||||
26 | contracts commonly known as interest rate swap agreements, |
| |||||||
| |||||||
1 | forward purchase contracts, or guaranteed investment contracts | ||||||
2 | and futures or contracts providing for payments based on levels | ||||||
3 | of, or changes in, interest rates. These contracts or | ||||||
4 | arrangements may be entered into by the Authority in connection | ||||||
5 | with, or incidental to, entering into, or maintaining any (i) | ||||||
6 | agreement which secures bonds of the Authority or (ii) | ||||||
7 | investment or contract providing for investment of reserves or | ||||||
8 | similar facility guaranteeing an investment rate for a period | ||||||
9 | of years not to exceed the underlying term of the bonds. The | ||||||
10 | determination by the Authority that a related bond facility or | ||||||
11 | the amendment or termination thereof is necessary or | ||||||
12 | appropriate as aforesaid shall be conclusive. Any related bond | ||||||
13 | facility may contain such provisions as to security, default, | ||||||
14 | termination, payment, remedy, jurisdiction, and consent to | ||||||
15 | service of process and other terms and conditions as determined | ||||||
16 | by the Authority, after giving due consideration to the | ||||||
17 | creditworthiness of the counterparty or other obligated party, | ||||||
18 | including any rating by any nationally recognized rating | ||||||
19 | agency, and any other criteria as may be appropriate. | ||||||
20 | (j) Bonds or any related bond facility may contain a | ||||||
21 | recital that they are issued or executed, respectively, | ||||||
22 | pursuant to this Act, which recital shall be conclusive | ||||||
23 | evidence of their validity, respectively, and the regularity of | ||||||
24 | the proceedings relating thereto. | ||||||
25 | Section 3-7. State not liable on bonds or related bond |
| |||||||
| |||||||
1 | facilities. No bond or related bond facility shall constitute | ||||||
2 | an indebtedness or an obligation of the State of Illinois or | ||||||
3 | any subdivision thereof, within the purview of any | ||||||
4 | constitutional or statutory limitation or provision or a charge | ||||||
5 | against the general credit or taxing powers, if any, of any of | ||||||
6 | them but shall be payable solely from pledged tobacco revenues. | ||||||
7 | No owner of any bond or provider of any related bond facility | ||||||
8 | shall have the right to compel the exercise of the taxing power | ||||||
9 | of the State to pay any principal installment of, redemption | ||||||
10 | premium, if any, or interest on the bonds or to make any | ||||||
11 | payment due under any related bond facility. | ||||||
12 | Section 3-8. Agreement with the State. | ||||||
13 | (a) The State pledges and agrees with the Authority, and | ||||||
14 | the owners of the bonds of the Authority in which the Authority | ||||||
15 | has included such pledge and agreement, that the State shall | ||||||
16 | (i) irrevocably direct the escrow agent under the Master | ||||||
17 | Settlement Agreement to transfer all pledged tobacco revenues | ||||||
18 | directly to the Authority or its assignee, (ii) enforce its | ||||||
19 | right to collect all moneys due from the participating | ||||||
20 | manufacturers under the Master Settlement Agreement and, in | ||||||
21 | addition, shall diligently enforce the qualifying statute as | ||||||
22 | contemplated in Section IX(d)(2)(B) of the Master Settlement | ||||||
23 | Agreement against all nonparticipating manufacturers selling | ||||||
24 | tobacco products in the State and that are not in compliance | ||||||
25 | with the qualifying statute, in each case in the manner and to |
| |||||||
| |||||||
1 | the extent deemed necessary in the judgment of and consistent | ||||||
2 | with the discretion of the Attorney General of the State, | ||||||
3 | provided, however, that the sale agreement shall provide (a) | ||||||
4 | that the remedies available to the Authority and the | ||||||
5 | bondholders for any breach of the pledges and agreements of the | ||||||
6 | State set forth in this clause shall be limited to injunctive | ||||||
7 | relief, and (b) that the State shall be deemed to have | ||||||
8 | diligently enforced the qualifying statute so long as there has | ||||||
9 | been no judicial determination by a court of competent | ||||||
10 | jurisdiction in this State, in an action commenced by a | ||||||
11 | participating tobacco manufacturer under the Master Settlement | ||||||
12 | Agreement, that the State has failed to diligently enforce the | ||||||
13 | qualifying statute for the purposes of Section IX(d)(2)(B) of | ||||||
14 | the Master Settlement Agreement, (iii) in any materially | ||||||
15 | adverse way, neither amend the Master Settlement Agreement nor | ||||||
16 | the Consent Decree or take any other action that would (a) | ||||||
17 | impair the Authority's right to receive pledged tobacco | ||||||
18 | revenues, or (b) limit or alter the rights hereby vested in the | ||||||
19 | Authority to fulfill the terms of its agreements with the | ||||||
20 | bondholders, or (c) impair the rights and remedies of such | ||||||
21 | bondholders or the security for such bonds until such bonds, | ||||||
22 | together with the interest thereon and all costs and expenses | ||||||
23 | in connection with any action or proceedings by or on behalf of | ||||||
24 | such bondholders, are fully paid and discharged (provided, that | ||||||
25 | nothing herein shall be construed to preclude the State's | ||||||
26 | regulation of smoking, smoking cessation activities and laws, |
| |||||||
| |||||||
1 | and taxation and regulation of the sale of cigarettes or the | ||||||
2 | like or to restrict the right of the State to amend, modify, | ||||||
3 | repeal, or otherwise alter statutes imposing or relating to the | ||||||
4 | taxes), and (iv) not amend, supersede or repeal the Master | ||||||
5 | Settlement Agreement or the qualifying statute in any way that | ||||||
6 | would materially adversely affect the amount of any payment to, | ||||||
7 | or the rights to such payments of, the Authority or such | ||||||
8 | bondholders. This pledge and agreement may be included in the | ||||||
9 | sale agreement and the Authority may include this pledge and | ||||||
10 | agreement in any contract with the bondholders of the | ||||||
11 | Authority. | ||||||
12 | (b) The provisions of this Act, the bonds issued pursuant | ||||||
13 | to this Act, and the pledges and agreements by the State and | ||||||
14 | the Authority to the bondholders shall be not be interpreted or | ||||||
15 | construed to limit or impair the authority or discretion of the | ||||||
16 | Attorney General to administer and enforce provisions of the | ||||||
17 | Master Settlement Agreement or to direct, control, and settle | ||||||
18 | any litigation or arbitration proceeding arising from or | ||||||
19 | relating to the Master Settlement Agreement. | ||||||
20 | Section 3-9. Enforcement of contract. The provisions of | ||||||
21 | this Act and of any resolution or proceeding authorizing the | ||||||
22 | issuance of bonds or a related bond facility shall constitute a | ||||||
23 | contract with the holders of the bonds or the related bond | ||||||
24 | facility, and the provisions thereof shall be enforceable | ||||||
25 | either by mandamus or other proceeding in any Illinois court of |
| |||||||
| |||||||
1 | competent jurisdiction to enforce and compel the performance of | ||||||
2 | all duties required by this Act and by any resolution | ||||||
3 | authorizing the issuance of bonds a related bond facility | ||||||
4 | adopted in response hereto. | ||||||
5 | Section 3-10. Bonds as legal investments. The State and all | ||||||
6 | counties, cities, villages, incorporated towns and other | ||||||
7 | municipal corporations, political subdivisions and public | ||||||
8 | bodies, and public officers of any thereof, all banks, bankers, | ||||||
9 | trust companies, savings banks and institutions, building and | ||||||
10 | loan associations, savings and loan associations, investment | ||||||
11 | companies, and other persons carrying on a banking business, | ||||||
12 | all insurance companies, insurance associations, and other | ||||||
13 | persons carrying on an insurance business, and all executors, | ||||||
14 | administrators, guardians, trustees, and other fiduciaries may | ||||||
15 | legally invest any sinking funds, moneys, or other funds | ||||||
16 | belonging to them or within their control in any bonds issued | ||||||
17 | pursuant to this Act, it being the purpose of this Section to | ||||||
18 | authorize the investment in such bonds of all sinking, | ||||||
19 | insurance, retirement, compensation, pension, and trust funds, | ||||||
20 | whether owned or controlled by private or public persons or | ||||||
21 | officers; provided, however, that nothing contained in this | ||||||
22 | Section may be construed as relieving any person, firm, or | ||||||
23 | corporation from any duty of exercising reasonable care in | ||||||
24 | selecting securities for purchase or investment. |
| |||||||
| |||||||
1 | Section 3-12. Exemption from taxation. It is hereby | ||||||
2 | determined that the creation of the Authority and the carrying | ||||||
3 | out of its corporate purposes are in all respects for the | ||||||
4 | benefit of the people of the State and are public purposes. | ||||||
5 | Accordingly, the property of the Authority, its income and its | ||||||
6 | operations shall be exempt from taxation. The Authority shall | ||||||
7 | not be required to pay any fees, taxes or assessments of any | ||||||
8 | kind, whether state or local, including, but not limited to, | ||||||
9 | fees, taxes, ad valorem taxes on real property, sales taxes or | ||||||
10 | other taxes, upon or with respect to any property owned by it | ||||||
11 | or under its jurisdiction, control or supervision, or upon the | ||||||
12 | uses thereof, or upon or with respect to its activities or | ||||||
13 | operations in furtherance of the powers conferred upon it by | ||||||
14 | this Act. | ||||||
15 | Section 3-13. Illinois State Auditing Act. The Auditor | ||||||
16 | General shall conduct financial audits and program audits of | ||||||
17 | the Authority, in accordance with the Illinois State Auditing | ||||||
18 | Act. | ||||||
19 | Section 3-15. Supplemental nature of Act; construction and | ||||||
20 | purpose. The powers conferred by this Act shall be in addition | ||||||
21 | to and supplemental to the powers conferred by any other law, | ||||||
22 | general or special, and may be exercised notwithstanding the | ||||||
23 | provisions of any other such law. Insofar as the provisions of | ||||||
24 | this Act are inconsistent with the provisions of any other law, |
| |||||||
| |||||||
1 | general or special, the provisions of this Act shall be | ||||||
2 | controlling. | ||||||
3 | Section 3-16. Severability. If any provision of this Act is | ||||||
4 | held invalid, such provision shall be deemed to be excised and | ||||||
5 | the invalidity thereof shall not affect any of the other | ||||||
6 | provisions of this Act. If the application of any provision of | ||||||
7 | this Act to any person or circumstance is held invalid, it | ||||||
8 | shall not affect the application of such provision to such | ||||||
9 | persons or circumstances other than those as to which it is | ||||||
10 | held invalid. | ||||||
11 | ARTICLE 5. AMENDATORY PROVISIONS | ||||||
12 | Section 5-5. The Illinois Administrative Procedure Act is | ||||||
13 | amended by changing Section 5-45 as follows: | ||||||
14 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
15 | Sec. 5-45. Emergency rulemaking. | ||||||
16 | (a) "Emergency" means the existence of any situation that | ||||||
17 | any agency
finds reasonably constitutes a threat to the public | ||||||
18 | interest, safety, or
welfare. | ||||||
19 | (b) If any agency finds that an
emergency exists that | ||||||
20 | requires adoption of a rule upon fewer days than
is required by | ||||||
21 | Section 5-40 and states in writing its reasons for that
| ||||||
22 | finding, the agency may adopt an emergency rule without prior |
| |||||||
| |||||||
1 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
2 | with the Secretary of
State under Section 5-70. The notice | ||||||
3 | shall include the text of the
emergency rule and shall be | ||||||
4 | published in the Illinois Register. Consent
orders or other | ||||||
5 | court orders adopting settlements negotiated by an agency
may | ||||||
6 | be adopted under this Section. Subject to applicable | ||||||
7 | constitutional or
statutory provisions, an emergency rule | ||||||
8 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
9 | at a stated date less than 10 days
thereafter. The agency's | ||||||
10 | finding and a statement of the specific reasons
for the finding | ||||||
11 | shall be filed with the rule. The agency shall take
reasonable | ||||||
12 | and appropriate measures to make emergency rules known to the
| ||||||
13 | persons who may be affected by them. | ||||||
14 | (c) An emergency rule may be effective for a period of not | ||||||
15 | longer than
150 days, but the agency's authority to adopt an | ||||||
16 | identical rule under Section
5-40 is not precluded. No | ||||||
17 | emergency rule may be adopted more
than once in any 24 month | ||||||
18 | period, except that this limitation on the number
of emergency | ||||||
19 | rules that may be adopted in a 24 month period does not apply
| ||||||
20 | to (i) emergency rules that make additions to and deletions | ||||||
21 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
22 | Public Aid Code or the
generic drug formulary under Section | ||||||
23 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
24 | emergency rules adopted by the Pollution Control
Board before | ||||||
25 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
26 | Facilities Act, (iii) emergency rules adopted by the Illinois |
| |||||||
| |||||||
1 | Department of Public Health under subsections (a) through (i) | ||||||
2 | of Section 2 of the Department of Public Health Act when | ||||||
3 | necessary to protect the public's health, or (iv) emergency | ||||||
4 | rules adopted pursuant to subsection (n) of this Section , or | ||||||
5 | (v) emergency rules adopted pursuant to subsection (o) of this | ||||||
6 | Section . Two or more emergency rules having substantially the | ||||||
7 | same
purpose and effect shall be deemed to be a single rule for | ||||||
8 | purposes of this
Section. | ||||||
9 | (d) In order to provide for the expeditious and timely | ||||||
10 | implementation
of the State's fiscal year 1999 budget, | ||||||
11 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
12 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
13 | may be adopted in
accordance with this Section by the agency | ||||||
14 | charged with administering that
provision or initiative, | ||||||
15 | except that the 24-month limitation on the adoption
of | ||||||
16 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
17 | do not apply
to rules adopted under this subsection (d). The | ||||||
18 | adoption of emergency rules
authorized by this subsection (d) | ||||||
19 | shall be deemed to be necessary for the
public interest, | ||||||
20 | safety, and welfare. | ||||||
21 | (e) In order to provide for the expeditious and timely | ||||||
22 | implementation
of the State's fiscal year 2000 budget, | ||||||
23 | emergency rules to implement any
provision of this amendatory | ||||||
24 | Act of the 91st General Assembly
or any other budget initiative | ||||||
25 | for fiscal year 2000 may be adopted in
accordance with this | ||||||
26 | Section by the agency charged with administering that
provision |
| |||||||
| |||||||
1 | or initiative, except that the 24-month limitation on the | ||||||
2 | adoption
of emergency rules and the provisions of Sections | ||||||
3 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
4 | subsection (e). The adoption of emergency rules
authorized by | ||||||
5 | this subsection (e) shall be deemed to be necessary for the
| ||||||
6 | public interest, safety, and welfare. | ||||||
7 | (f) In order to provide for the expeditious and timely | ||||||
8 | implementation
of the State's fiscal year 2001 budget, | ||||||
9 | emergency rules to implement any
provision of this amendatory | ||||||
10 | Act of the 91st General Assembly
or any other budget initiative | ||||||
11 | for fiscal year 2001 may be adopted in
accordance with this | ||||||
12 | Section by the agency charged with administering that
provision | ||||||
13 | or initiative, except that the 24-month limitation on the | ||||||
14 | adoption
of emergency rules and the provisions of Sections | ||||||
15 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
16 | subsection (f). The adoption of emergency rules
authorized by | ||||||
17 | this subsection (f) shall be deemed to be necessary for the
| ||||||
18 | public interest, safety, and welfare. | ||||||
19 | (g) In order to provide for the expeditious and timely | ||||||
20 | implementation
of the State's fiscal year 2002 budget, | ||||||
21 | emergency rules to implement any
provision of this amendatory | ||||||
22 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
23 | for fiscal year 2002 may be adopted in
accordance with this | ||||||
24 | Section by the agency charged with administering that
provision | ||||||
25 | or initiative, except that the 24-month limitation on the | ||||||
26 | adoption
of emergency rules and the provisions of Sections |
| |||||||
| |||||||
1 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
2 | subsection (g). The adoption of emergency rules
authorized by | ||||||
3 | this subsection (g) shall be deemed to be necessary for the
| ||||||
4 | public interest, safety, and welfare. | ||||||
5 | (h) In order to provide for the expeditious and timely | ||||||
6 | implementation
of the State's fiscal year 2003 budget, | ||||||
7 | emergency rules to implement any
provision of this amendatory | ||||||
8 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
9 | for fiscal year 2003 may be adopted in
accordance with this | ||||||
10 | Section by the agency charged with administering that
provision | ||||||
11 | or initiative, except that the 24-month limitation on the | ||||||
12 | adoption
of emergency rules and the provisions of Sections | ||||||
13 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
14 | subsection (h). The adoption of emergency rules
authorized by | ||||||
15 | this subsection (h) shall be deemed to be necessary for the
| ||||||
16 | public interest, safety, and welfare. | ||||||
17 | (i) In order to provide for the expeditious and timely | ||||||
18 | implementation
of the State's fiscal year 2004 budget, | ||||||
19 | emergency rules to implement any
provision of this amendatory | ||||||
20 | Act of the 93rd General Assembly
or any other budget initiative | ||||||
21 | for fiscal year 2004 may be adopted in
accordance with this | ||||||
22 | Section by the agency charged with administering that
provision | ||||||
23 | or initiative, except that the 24-month limitation on the | ||||||
24 | adoption
of emergency rules and the provisions of Sections | ||||||
25 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
26 | subsection (i). The adoption of emergency rules
authorized by |
| |||||||
| |||||||
1 | this subsection (i) shall be deemed to be necessary for the
| ||||||
2 | public interest, safety, and welfare. | ||||||
3 | (j) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of the State's fiscal year | ||||||
5 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
6 | Implementation (Human Services) Act, emergency rules to | ||||||
7 | implement any provision of the Fiscal Year 2005 Budget | ||||||
8 | Implementation (Human Services) Act may be adopted in | ||||||
9 | accordance with this Section by the agency charged with | ||||||
10 | administering that provision, except that the 24-month | ||||||
11 | limitation on the adoption of emergency rules and the | ||||||
12 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
13 | adopted under this subsection (j). The Department of Public Aid | ||||||
14 | may also adopt rules under this subsection (j) necessary to | ||||||
15 | administer the Illinois Public Aid Code and the Children's | ||||||
16 | Health Insurance Program Act. The adoption of emergency rules | ||||||
17 | authorized by this subsection (j) shall be deemed to be | ||||||
18 | necessary for the public interest, safety, and welfare.
| ||||||
19 | (k) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of the State's fiscal year | ||||||
21 | 2006 budget, emergency rules to implement any provision of this | ||||||
22 | amendatory Act of the 94th General Assembly or any other budget | ||||||
23 | initiative for fiscal year 2006 may be adopted in accordance | ||||||
24 | with this Section by the agency charged with administering that | ||||||
25 | provision or initiative, except that the 24-month limitation on | ||||||
26 | the adoption of emergency rules and the provisions of Sections |
| |||||||
| |||||||
1 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
2 | subsection (k). The Department of Healthcare and Family | ||||||
3 | Services may also adopt rules under this subsection (k) | ||||||
4 | necessary to administer the Illinois Public Aid Code, the | ||||||
5 | Senior Citizens and Disabled Persons Property Tax Relief and | ||||||
6 | Pharmaceutical Assistance Act, the Senior Citizens and | ||||||
7 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
8 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
9 | Children's Health Insurance Program Act. The adoption of | ||||||
10 | emergency rules authorized by this subsection (k) shall be | ||||||
11 | deemed to be necessary for the public interest, safety, and | ||||||
12 | welfare.
| ||||||
13 | (l) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the
State's fiscal year | ||||||
15 | 2007 budget, the Department of Healthcare and Family Services | ||||||
16 | may adopt emergency rules during fiscal year 2007, including | ||||||
17 | rules effective July 1, 2007, in
accordance with this | ||||||
18 | subsection to the extent necessary to administer the | ||||||
19 | Department's responsibilities with respect to amendments to | ||||||
20 | the State plans and Illinois waivers approved by the federal | ||||||
21 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
22 | requirements of Title XIX and Title XXI of the federal Social | ||||||
23 | Security Act. The adoption of emergency rules
authorized by | ||||||
24 | this subsection (l) shall be deemed to be necessary for the | ||||||
25 | public interest,
safety, and welfare.
| ||||||
26 | (m) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of the
State's fiscal year | ||||||
2 | 2008 budget, the Department of Healthcare and Family Services | ||||||
3 | may adopt emergency rules during fiscal year 2008, including | ||||||
4 | rules effective July 1, 2008, in
accordance with this | ||||||
5 | subsection to the extent necessary to administer the | ||||||
6 | Department's responsibilities with respect to amendments to | ||||||
7 | the State plans and Illinois waivers approved by the federal | ||||||
8 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
9 | requirements of Title XIX and Title XXI of the federal Social | ||||||
10 | Security Act. The adoption of emergency rules
authorized by | ||||||
11 | this subsection (m) shall be deemed to be necessary for the | ||||||
12 | public interest,
safety, and welfare.
| ||||||
13 | (n) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the State's fiscal year | ||||||
15 | 2010 budget, emergency rules to implement any provision of this | ||||||
16 | amendatory Act of the 96th General Assembly or any other budget | ||||||
17 | initiative authorized by the 96th General Assembly for fiscal | ||||||
18 | year 2010 may be adopted in accordance with this Section by the | ||||||
19 | agency charged with administering that provision or | ||||||
20 | initiative. The adoption of emergency rules authorized by this | ||||||
21 | subsection (n) shall be deemed to be necessary for the public | ||||||
22 | interest, safety, and welfare. The rulemaking authority | ||||||
23 | granted in this subsection (n) shall apply only to rules | ||||||
24 | promulgated during Fiscal Year 2010. | ||||||
25 | (o) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of the State's fiscal year |
| |||||||
| |||||||
1 | 2011 budget, emergency rules to implement any provision of this | ||||||
2 | amendatory Act of the 96th General Assembly or any other budget | ||||||
3 | initiative authorized by the 96th General Assembly for fiscal | ||||||
4 | year 2011 may be adopted in accordance with this Section by the | ||||||
5 | agency charged with administering that provision or | ||||||
6 | initiative. The adoption of emergency rules authorized by this | ||||||
7 | subsection (o) is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. The rulemaking authority | ||||||
9 | granted in this subsection (o) applies only to rules | ||||||
10 | promulgated on or after the effective date of this amendatory | ||||||
11 | Act of the 96th General Assembly through June 30, 2011. | ||||||
12 | (Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 96-45, | ||||||
13 | eff. 7-15-09.) | ||||||
14 | Section 5-10. The General Assembly Compensation Act is | ||||||
15 | amended by adding Section 1.6 as follows: | ||||||
16 | (25 ILCS 115/1.6 new) | ||||||
17 | Sec. 1.6. FY11 furlough days. During the first 6 months of | ||||||
18 | the fiscal year beginning July 1, 2010, every member of the | ||||||
19 | 96th General Assembly is mandatorily required to forfeit 6 days | ||||||
20 | of compensation. The State Comptroller shall deduct the | ||||||
21 | equivalent of 1/365th of the annual salary of each member of | ||||||
22 | the 96th General Assembly from the compensation of that member | ||||||
23 | in each of the first 6 months of the fiscal year. During the | ||||||
24 | second 6 months of the fiscal year beginning July 1, 2010, |
| |||||||
| |||||||
1 | every member of the 97th General Assembly is mandatorily | ||||||
2 | required to forfeit 6 days of compensation. The State | ||||||
3 | Comptroller shall deduct the equivalent of 1/365th of the | ||||||
4 | annual salary of each member of the 97th General Assembly from | ||||||
5 | the compensation of that member in each of the second 6 months | ||||||
6 | of the fiscal year. For purposes of this Section, annual | ||||||
7 | compensation includes compensation paid to each member by the | ||||||
8 | State for one year of service pursuant to Section 1, except any | ||||||
9 | payments made for mileage and allowances for travel and meals. | ||||||
10 | The forfeiture required by this Section is not considered a | ||||||
11 | change in salary and shall not impact pension or other benefits | ||||||
12 | provided to members of the General Assembly. | ||||||
13 | Section 5-15. The State Finance Act is amended by changing | ||||||
14 | Sections 6z-43 and 25 and by adding Sections 5h and 14.2 as | ||||||
15 | follows: | ||||||
16 | (30 ILCS 105/5h new) | ||||||
17 | Sec. 5h. Cash flow borrowing and general funds liquidity. | ||||||
18 | (a) In order to meet cash flow deficits and to maintain | ||||||
19 | liquidity in the General Revenue Fund and the Common School | ||||||
20 | Fund, this Section shall constitute the irrevocable and | ||||||
21 | continuing authority for and direction to the State Treasurer | ||||||
22 | and the State Comptroller to make transfers to the General | ||||||
23 | Revenue Fund or the Common School Fund, as directed by the | ||||||
24 | Governor, out of special funds of the State, to the extent |
| |||||||
| |||||||
1 | allowed by federal law. No transfer may be made from a fund | ||||||
2 | under this Section that would have the effect of reducing the | ||||||
3 | available balance in the fund to an amount less than the amount | ||||||
4 | remaining unexpended and unreserved from the total | ||||||
5 | appropriation from that fund estimated to be expended for that | ||||||
6 | fiscal year. No such transfer may reduce the cumulative balance | ||||||
7 | of all of the special funds of the State to an amount less than | ||||||
8 | the total debt service payable during the 12 months immediately | ||||||
9 | following the date of the transfer on any bonded indebtedness | ||||||
10 | of the State and any certificates issued under the Short Term | ||||||
11 | Borrowing Act. Notwithstanding any other provision of this | ||||||
12 | Section, no such transfer may be made from any special fund | ||||||
13 | that is exclusively collected by or appropriated to any other | ||||||
14 | constitutional officer without the written approval of that | ||||||
15 | constitutional officer. | ||||||
16 | (b) If moneys have been transferred to the General Revenue | ||||||
17 | Fund or the Common School Fund pursuant to subsection (a) of | ||||||
18 | this Section, this amendatory Act of the 96th General Assembly | ||||||
19 | shall constitute the irrevocable and continuing authority for | ||||||
20 | and direction to the State Treasurer and State Comptroller to | ||||||
21 | reimburse the funds of origin from the General Revenue Fund or | ||||||
22 | the Common School Fund, as appropriate, by transferring to the | ||||||
23 | funds of origin, at such times and in such amounts as directed | ||||||
24 | by the Governor when necessary to support appropriated | ||||||
25 | expenditures from the funds, an amount equal to that | ||||||
26 | transferred from them plus any interest that would have accrued |
| |||||||
| |||||||
1 | thereon had the transfer not occurred, except that any moneys | ||||||
2 | transferred pursuant to subsection (a) of this Section shall be | ||||||
3 | repaid to the fund of origin within 18 months after the date on | ||||||
4 | which they were borrowed. | ||||||
5 | (c) On the first day of each quarterly period in each | ||||||
6 | fiscal year, the Governor's Office of Management and Budget | ||||||
7 | shall provide to the President and the Minority Leader of the | ||||||
8 | Senate, the Speaker and the Minority Leader of the House of | ||||||
9 | Representatives, and the Commission on Government Forecasting | ||||||
10 | and Accountability a report on all transfers made pursuant to | ||||||
11 | this Section in the prior quarterly period. The report must be | ||||||
12 | provided in both written and electronic format. The report must | ||||||
13 | include all of the following: | ||||||
14 | (1) The date each transfer was made. | ||||||
15 | (2) The amount of each transfer. | ||||||
16 | (3) In the case of a transfer from the General Revenue | ||||||
17 | Fund or the Common School Fund to a fund of origin pursuant | ||||||
18 | to subsection (b) of this Section, the amount of interest | ||||||
19 | being paid to the fund of origin. | ||||||
20 | (4) The end of day balance of both the fund of origin | ||||||
21 | and the General Revenue Fund or the Common School Fund, | ||||||
22 | whichever the case may be, on the date the transfer was | ||||||
23 | made.
| ||||||
24 | (30 ILCS 105/6z-43)
| ||||||
25 | Sec. 6z-43. Tobacco Settlement Recovery Fund.
|
| |||||||
| |||||||
1 | (a) There is created in the State Treasury a special fund | ||||||
2 | to be known
as the Tobacco Settlement Recovery Fund, which | ||||||
3 | shall contain 3 accounts: (i) the General Account, (ii) the | ||||||
4 | Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco | ||||||
5 | Settlement Residual Account. There shall be deposited into the | ||||||
6 | several accounts of the Tobacco Settlement Recovery Fund into | ||||||
7 | which shall be deposited
all monies paid to the State pursuant | ||||||
8 | to (1) the Master Settlement Agreement
entered in the case of | ||||||
9 | People of the State of Illinois v. Philip Morris, et al.
| ||||||
10 | (Circuit Court of Cook County, No. 96-L13146) and (2) any | ||||||
11 | settlement with or
judgment against any tobacco product | ||||||
12 | manufacturer other than one participating
in the Master | ||||||
13 | Settlement Agreement in satisfaction of any released claim as
| ||||||
14 | defined in the Master Settlement Agreement, as well as any | ||||||
15 | other monies as
provided by law. Moneys All earnings on Fund | ||||||
16 | investments shall be deposited into
the Tobacco Settlement Bond | ||||||
17 | Proceeds Account and the Tobacco Settlement Residual Account as | ||||||
18 | provided by the terms of the Railsplitter Tobacco Settlement | ||||||
19 | Authority Act, provided that an annual amount not less than | ||||||
20 | $2,500,000, subject to appropriation, shall be deposited into | ||||||
21 | the Tobacco Settlement Residual Account for use by the Attorney | ||||||
22 | General for enforcement of the Master Settlement Agreement. All | ||||||
23 | other moneys available to be deposited into the Tobacco | ||||||
24 | Settlement Recovery Fund shall be deposited into the General | ||||||
25 | Account. An investment made from moneys credited to a specific | ||||||
26 | account constitutes part of that account and such account shall |
| |||||||
| |||||||
1 | be credited with all income from the investment of such moneys. | ||||||
2 | Fund. Upon the creation of the Fund, the State Comptroller | ||||||
3 | shall order
the State Treasurer to transfer into the Fund any | ||||||
4 | monies paid to the State as
described in item (1) or (2) of | ||||||
5 | this Section before the creation of the Fund
plus any interest | ||||||
6 | earned on the investment of those monies. The Treasurer
may | ||||||
7 | invest the moneys in the several accounts the Fund in the same | ||||||
8 | manner, in the same types of
investments, and subject to the | ||||||
9 | same limitations provided in the Illinois
Pension Code for the | ||||||
10 | investment of pension funds other than those established
under | ||||||
11 | Article 3 or 4 of the Code. Notwithstanding the foregoing, to | ||||||
12 | the extent necessary to preserve the tax-exempt status of any | ||||||
13 | Bonds issued pursuant to the Railsplitter Tobacco Settlement | ||||||
14 | Authority Act, the interest on which is intended to be | ||||||
15 | excludable from the gross income of the owners for federal | ||||||
16 | income tax purposes, moneys on deposit in the Tobacco | ||||||
17 | Settlement Bond Proceeds Account and the Tobacco Settlement | ||||||
18 | Residual Account may be invested in obligations the interest | ||||||
19 | upon which is tax-exempt under the provisions of Section 103 of | ||||||
20 | the Internal Revenue Code of 1986, as now or hereafter amended, | ||||||
21 | or any successor code or provision.
| ||||||
22 | (b) Moneys on deposit in the Tobacco Settlement Bond | ||||||
23 | Proceeds Account and the Tobacco Settlement Residual Account | ||||||
24 | may be expended, subject to appropriation, for the purposes | ||||||
25 | authorized in Section 6(g) of the Railsplitter Tobacco | ||||||
26 | Settlement Authority Act. |
| |||||||
| |||||||
1 | (c) (b) As soon as may be practical after June 30, 2001, | ||||||
2 | upon notification
from and at the direction of the Governor, | ||||||
3 | the State Comptroller shall direct
and the State Treasurer | ||||||
4 | shall transfer the unencumbered balance in the Tobacco
| ||||||
5 | Settlement Recovery Fund as of June 30, 2001, as determined by | ||||||
6 | the Governor,
into the Budget Stabilization Fund. The Treasurer | ||||||
7 | may invest the moneys in the
Budget Stabilization Fund in the | ||||||
8 | same manner, in the same types of investments,
and subject to | ||||||
9 | the same limitations provided in the Illinois Pension Code for
| ||||||
10 | the investment of pension funds other than those established | ||||||
11 | under Article 3 or
4 of the Code.
| ||||||
12 | (c) In addition to any other deposits authorized by law, | ||||||
13 | after any delivery
of any bonds as authorized by Section 7.5 of | ||||||
14 | the General Obligation Bond Act
for deposits to the General | ||||||
15 | Revenue Fund and the Budget Stabilization Fund
(referred to as | ||||||
16 | "tobacco securitization general obligation bonds"), the
| ||||||
17 | Governor shall certify, on or before June 30, 2003 and June 30 | ||||||
18 | of each year
thereafter, to the State Comptroller and State | ||||||
19 | Treasurer the total amount of
principal of, interest on, and | ||||||
20 | premium, if any, due on those bonds in the
next fiscal year | ||||||
21 | beginning with amounts due in fiscal year 2004. As soon as
| ||||||
22 | practical after the annual payment of tobacco settlement moneys | ||||||
23 | to the Tobacco
Settlement Recovery Fund as described in item | ||||||
24 | (1) of subsection (a), the State
Treasurer and State | ||||||
25 | Comptroller shall transfer from the Tobacco Settlement
| ||||||
26 | Recovery Fund to the General Obligation Bond Retirement and |
| |||||||
| |||||||
1 | Interest Fund the
amount certified by the Governor, plus any | ||||||
2 | cumulative deficiency in those
transfers for prior years.
| ||||||
3 | (d) All federal financial participation moneys received
| ||||||
4 | pursuant to expenditures from the Fund shall be deposited into | ||||||
5 | the General Account Fund .
| ||||||
6 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
7 | (30 ILCS 105/14.2 new) | ||||||
8 | Sec. 14.2. Fiscal year 2011 State officer compensation | ||||||
9 | forfeiture. | ||||||
10 | (a) During the fiscal year beginning on July 1, 2010, each | ||||||
11 | State officer listed in subsection (b) is required to forfeit | ||||||
12 | one day of compensation each month. The State Comptroller shall | ||||||
13 | deduct the equivalent of 1/261st of the annual compensation of | ||||||
14 | each of those State officers that is paid from the General | ||||||
15 | Revenue Fund from the compensation of that State officer in | ||||||
16 | each month of the fiscal year. For purposes of this Section, | ||||||
17 | annual compensation includes compensation paid to each of those | ||||||
18 | State officers by the State for one year of service, except any | ||||||
19 | payments made for mileage and allowances for travel and meals. | ||||||
20 | The forfeiture required by this Section is not considered a | ||||||
21 | change in salary and shall not impact pension or other benefits | ||||||
22 | provided to those State officers. | ||||||
23 | (b) "State officers" for the purposes of subsection (a) are | ||||||
24 | the following: | ||||||
25 | Governor |
| |||||||
| |||||||
1 | Lieutenant Governor | ||||||
2 | Secretary of State | ||||||
3 | Attorney General | ||||||
4 | Comptroller | ||||||
5 | State Treasurer | ||||||
6 | Department on Aging: Director | ||||||
7 | Department of Agriculture: Director and Assistant | ||||||
8 | Director | ||||||
9 | Department of Central Management Services: Director | ||||||
10 | and Assistant Directors | ||||||
11 | Department of Children and Family Services: Director | ||||||
12 | Department of Corrections: Director and Assistant | ||||||
13 | Director | ||||||
14 | Department of Commerce and Economic Opportunity: | ||||||
15 | Director and Assistant Director | ||||||
16 | Environmental Protection Agency: Director | ||||||
17 | Department of Financial and Professional Regulation: | ||||||
18 | Secretary and Directors | ||||||
19 | Department of Human Services: Secretary and Assistant | ||||||
20 | Secretaries | ||||||
21 | Department of Juvenile Justice: Director | ||||||
22 | Department of Labor: Director, Assistant Director, | ||||||
23 | Chief Factory Inspector, and Superintendent of Safety | ||||||
24 | Inspection and Education | ||||||
25 | Department of State Police: Director and Assistant | ||||||
26 | Director |
| |||||||
| |||||||
1 | Department of Military Affairs: Adjutant General and | ||||||
2 | Chief Assistants to the Adjutant General | ||||||
3 | Department of Natural Resources: Director, Assistant | ||||||
4 | Director, Mine Officers, and Miners' Examining Officers | ||||||
5 | Illinois Labor Relations Board: Chairman, State Labor | ||||||
6 | Relations Board members, and Local Labor Relations Board | ||||||
7 | members | ||||||
8 | Department of Healthcare and Family Services: Director | ||||||
9 | and Assistant Director | ||||||
10 | Department of Public Health: Director and Assistant | ||||||
11 | Director | ||||||
12 | Department of Revenue: Director and Assistant Director | ||||||
13 | Property Tax Appeal Board: Chairman and members | ||||||
14 | Department of Veterans' Affairs: Director and | ||||||
15 | Assistant Director | ||||||
16 | Civil Service Commission: Chairman and members | ||||||
17 | Commerce Commission: Chairman and members | ||||||
18 | State Board of Elections: Chairman, Vice-Chairman, and | ||||||
19 | members | ||||||
20 | Illinois Emergency Management Agency: Director and | ||||||
21 | Assistant Director | ||||||
22 | Department of Human Rights: Director | ||||||
23 | Human Rights Commission: Chairman and members | ||||||
24 | Illinois Workers' Compensation Commission: Chairman | ||||||
25 | and members | ||||||
26 | Liquor Control Commission: Chairman, members, and |
| |||||||
| |||||||
1 | Secretary | ||||||
2 | Executive Ethics Commission: members | ||||||
3 | Illinois Power Agency: Director | ||||||
4 | Pollution Control Board: Chairman and members | ||||||
5 | Prisoner Review Board: Chairman and members | ||||||
6 | Secretary of State Merit Commission: Chairman and | ||||||
7 | members | ||||||
8 | Educational Labor Relations Board: Chairman and | ||||||
9 | members | ||||||
10 | Department of Transportation: Secretary and Assistant | ||||||
11 | Secretary | ||||||
12 | Office of Small Business Utility Advocate: small | ||||||
13 | business utility advocate | ||||||
14 | Executive Inspector General for the Office of the
| ||||||
15 | Governor | ||||||
16 | Executive Inspector General for the Office of the
| ||||||
17 | Attorney General | ||||||
18 | Executive Inspector General for the Office of the
| ||||||
19 | Secretary of State | ||||||
20 | Executive Inspector General for the Office of the
| ||||||
21 | Comptroller | ||||||
22 | Executive Inspector General for the Office of the | ||||||
23 | Treasurer | ||||||
24 | Office of Auditor General: Auditor General and Deputy | ||||||
25 | Auditors General. |
| |||||||
| |||||||
1 | (30 ILCS 105/25) (from Ch. 127, par. 161) | ||||||
2 | Sec. 25. Fiscal year limitations. | ||||||
3 | (a) All appropriations shall be
available for expenditure | ||||||
4 | for the fiscal year or for a lesser period if the
Act making | ||||||
5 | that appropriation so specifies. A deficiency or emergency
| ||||||
6 | appropriation shall be available for expenditure only through | ||||||
7 | June 30 of
the year when the Act making that appropriation is | ||||||
8 | enacted unless that Act
otherwise provides. | ||||||
9 | (b) Outstanding liabilities as of June 30, payable from | ||||||
10 | appropriations
which have otherwise expired, may be paid out of | ||||||
11 | the expiring
appropriations during the 2-month period ending at | ||||||
12 | the
close of business on August 31. Any service involving
| ||||||
13 | professional or artistic skills or any personal services by an | ||||||
14 | employee whose
compensation is subject to income tax | ||||||
15 | withholding must be performed as of June
30 of the fiscal year | ||||||
16 | in order to be considered an "outstanding liability as of
June | ||||||
17 | 30" that is thereby eligible for payment out of the expiring
| ||||||
18 | appropriation. | ||||||
19 | However, payment of tuition reimbursement claims under | ||||||
20 | Section 14-7.03 or
18-3 of the School Code may be made by the | ||||||
21 | State Board of Education from its
appropriations for those | ||||||
22 | respective purposes for any fiscal year, even though
the claims | ||||||
23 | reimbursed by the payment may be claims attributable to a prior
| ||||||
24 | fiscal year, and payments may be made at the direction of the | ||||||
25 | State
Superintendent of Education from the fund from which the | ||||||
26 | appropriation is made
without regard to any fiscal year |
| |||||||
| |||||||
1 | limitations. | ||||||
2 | All outstanding liabilities as of June 30, 2010, payable | ||||||
3 | from appropriations that would otherwise expire at the | ||||||
4 | conclusion of the lapse period for fiscal year 2010, and | ||||||
5 | interest penalties payable on those liabilities under the State | ||||||
6 | Prompt Payment Act, may be paid out of the expiring | ||||||
7 | appropriations until December 31, 2010, without regard to the | ||||||
8 | fiscal year in which the payment is made, as long as vouchers | ||||||
9 | for the liabilities are received by the Comptroller no later | ||||||
10 | than August 31, 2010. | ||||||
11 | Medical payments may be made by the Department of Veterans' | ||||||
12 | Affairs from
its
appropriations for those purposes for any | ||||||
13 | fiscal year, without regard to the
fact that the medical | ||||||
14 | services being compensated for by such payment may have
been | ||||||
15 | rendered in a prior fiscal year. | ||||||
16 | Medical payments may be made by the Department of | ||||||
17 | Healthcare and Family Services and medical payments and child | ||||||
18 | care
payments may be made by the Department of
Human Services | ||||||
19 | (as successor to the Department of Public Aid) from
| ||||||
20 | appropriations for those purposes for any fiscal year,
without | ||||||
21 | regard to the fact that the medical or child care services | ||||||
22 | being
compensated for by such payment may have been rendered in | ||||||
23 | a prior fiscal
year; and payments may be made at the direction | ||||||
24 | of the Department of
Central Management Services from the | ||||||
25 | Health Insurance Reserve Fund and the
Local Government Health | ||||||
26 | Insurance Reserve Fund without regard to any fiscal
year |
| |||||||
| |||||||
1 | limitations. | ||||||
2 | Medical payments may be made by the Department of Human | ||||||
3 | Services from its appropriations relating to substance abuse | ||||||
4 | treatment services for any fiscal year, without regard to the | ||||||
5 | fact that the medical services being compensated for by such | ||||||
6 | payment may have been rendered in a prior fiscal year, provided | ||||||
7 | the payments are made on a fee-for-service basis consistent | ||||||
8 | with requirements established for Medicaid reimbursement by | ||||||
9 | the Department of Healthcare and Family Services. | ||||||
10 | Additionally, payments may be made by the Department of | ||||||
11 | Human Services from
its appropriations, or any other State | ||||||
12 | agency from its appropriations with
the approval of the | ||||||
13 | Department of Human Services, from the Immigration Reform
and | ||||||
14 | Control Fund for purposes authorized pursuant to the | ||||||
15 | Immigration Reform
and Control Act of 1986, without regard to | ||||||
16 | any fiscal year limitations. | ||||||
17 | Further, with respect to costs incurred in fiscal years | ||||||
18 | 2002 and 2003 only,
payments may be made by the State Treasurer | ||||||
19 | from its
appropriations
from the Capital Litigation Trust Fund | ||||||
20 | without regard to any fiscal year
limitations. | ||||||
21 | Lease payments may be made by the Department of Central | ||||||
22 | Management
Services under the sale and leaseback provisions of
| ||||||
23 | Section 7.4 of
the State Property Control Act with respect to | ||||||
24 | the James R. Thompson Center and
the
Elgin Mental Health Center | ||||||
25 | and surrounding land from appropriations for that
purpose | ||||||
26 | without regard to any fiscal year
limitations. |
| |||||||
| |||||||
1 | Lease payments may be made under the sale and leaseback | ||||||
2 | provisions of
Section 7.5 of the State Property Control Act | ||||||
3 | with
respect to the
Illinois State Toll Highway Authority | ||||||
4 | headquarters building and surrounding
land
without regard to | ||||||
5 | any fiscal year
limitations. | ||||||
6 | (c) Further, payments may be made by the Department of | ||||||
7 | Public Health and the
Department of Human Services (acting as | ||||||
8 | successor to the Department of Public
Health under the | ||||||
9 | Department of Human Services Act)
from their respective | ||||||
10 | appropriations for grants for medical care to or on
behalf of | ||||||
11 | persons
suffering from chronic renal disease, persons | ||||||
12 | suffering from hemophilia, rape
victims, and premature and | ||||||
13 | high-mortality risk infants and their mothers and
for grants | ||||||
14 | for supplemental food supplies provided under the United States
| ||||||
15 | Department of Agriculture Women, Infants and Children | ||||||
16 | Nutrition Program,
for any fiscal year without regard to the | ||||||
17 | fact that the services being
compensated for by such payment | ||||||
18 | may have been rendered in a prior fiscal year. | ||||||
19 | (d) The Department of Public Health and the Department of | ||||||
20 | Human Services
(acting as successor to the Department of Public | ||||||
21 | Health under the Department of
Human Services Act) shall each | ||||||
22 | annually submit to the State Comptroller, Senate
President, | ||||||
23 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
24 | Leader, and the
respective Chairmen and Minority Spokesmen of | ||||||
25 | the
Appropriations Committees of the Senate and the House, on | ||||||
26 | or before
December 31, a report of fiscal year funds used to |
| |||||||
| |||||||
1 | pay for services
provided in any prior fiscal year. This report | ||||||
2 | shall document by program or
service category those | ||||||
3 | expenditures from the most recently completed fiscal
year used | ||||||
4 | to pay for services provided in prior fiscal years. | ||||||
5 | (e) The Department of Healthcare and Family Services, the | ||||||
6 | Department of Human Services
(acting as successor to the | ||||||
7 | Department of Public Aid), and the Department of Human Services | ||||||
8 | making fee-for-service payments relating to substance abuse | ||||||
9 | treatment services provided during a previous fiscal year shall | ||||||
10 | each annually
submit to the State
Comptroller, Senate | ||||||
11 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
12 | Minority Leader, the respective Chairmen and Minority | ||||||
13 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
14 | the House, on or before November
30, a report that shall | ||||||
15 | document by program or service category those
expenditures from | ||||||
16 | the most recently completed fiscal year used to pay for (i)
| ||||||
17 | services provided in prior fiscal years and (ii) services for | ||||||
18 | which claims were
received in prior fiscal years. | ||||||
19 | (f) The Department of Human Services (as successor to the | ||||||
20 | Department of
Public Aid) shall annually submit to the State
| ||||||
21 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
22 | of the House,
House Minority Leader, and the respective | ||||||
23 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
24 | Committees of the Senate and the House, on or before
December | ||||||
25 | 31, a report
of fiscal year funds used to pay for services | ||||||
26 | (other than medical care)
provided in any prior fiscal year. |
| |||||||
| |||||||
1 | This report shall document by program or
service category those | ||||||
2 | expenditures from the most recently completed fiscal
year used | ||||||
3 | to pay for services provided in prior fiscal years. | ||||||
4 | (g) In addition, each annual report required to be | ||||||
5 | submitted by the
Department of Healthcare and Family Services | ||||||
6 | under subsection (e) shall include the following
information | ||||||
7 | with respect to the State's Medicaid program: | ||||||
8 | (1) Explanations of the exact causes of the variance | ||||||
9 | between the previous
year's estimated and actual | ||||||
10 | liabilities. | ||||||
11 | (2) Factors affecting the Department of Healthcare and | ||||||
12 | Family Services' liabilities,
including but not limited to | ||||||
13 | numbers of aid recipients, levels of medical
service | ||||||
14 | utilization by aid recipients, and inflation in the cost of | ||||||
15 | medical
services. | ||||||
16 | (3) The results of the Department's efforts to combat | ||||||
17 | fraud and abuse. | ||||||
18 | (h) As provided in Section 4 of the General Assembly | ||||||
19 | Compensation Act,
any utility bill for service provided to a | ||||||
20 | General Assembly
member's district office for a period | ||||||
21 | including portions of 2 consecutive
fiscal years may be paid | ||||||
22 | from funds appropriated for such expenditure in
either fiscal | ||||||
23 | year. | ||||||
24 | (i) An agency which administers a fund classified by the | ||||||
25 | Comptroller as an
internal service fund may issue rules for: | ||||||
26 | (1) billing user agencies in advance for payments or |
| |||||||
| |||||||
1 | authorized inter-fund transfers
based on estimated charges | ||||||
2 | for goods or services; | ||||||
3 | (2) issuing credits, refunding through inter-fund | ||||||
4 | transfers, or reducing future inter-fund transfers
during
| ||||||
5 | the subsequent fiscal year for all user agency payments or | ||||||
6 | authorized inter-fund transfers received during the
prior | ||||||
7 | fiscal year which were in excess of the final amounts owed | ||||||
8 | by the user
agency for that period; and | ||||||
9 | (3) issuing catch-up billings to user agencies
during | ||||||
10 | the subsequent fiscal year for amounts remaining due when | ||||||
11 | payments or authorized inter-fund transfers
received from | ||||||
12 | the user agency during the prior fiscal year were less than | ||||||
13 | the
total amount owed for that period. | ||||||
14 | User agencies are authorized to reimburse internal service | ||||||
15 | funds for catch-up
billings by vouchers drawn against their | ||||||
16 | respective appropriations for the
fiscal year in which the | ||||||
17 | catch-up billing was issued or by increasing an authorized | ||||||
18 | inter-fund transfer during the current fiscal year. For the | ||||||
19 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
20 | without the use of the voucher-warrant process, as authorized | ||||||
21 | by Section 9.01 of the State Comptroller Act. | ||||||
22 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
23 | ARTICLE 97. SEVERABILITY | ||||||
24 | Section 97-1. Severability. The provisions of this Act are |
| |||||||
| |||||||
1 | severable under Section 1.31 of the Statute on Statutes. | ||||||
2 | ARTICLE 99. EFFECTIVE DATE | ||||||
3 | Section 99-1. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
|