Full Text of HB5513 103rd General Assembly
HB5513enr 103RD GENERAL ASSEMBLY | | | HB5513 Enrolled | | LRB103 39491 MXP 69687 b |
|
| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Governor's Office of Management and Budget | 5 | | Act is amended by adding Section 2.14 as follows: | 6 | | (20 ILCS 3005/2.14 new) | 7 | | Sec. 2.14. Annual Comprehensive Financial Report Internal | 8 | | Control Unit. As used in this Section: | 9 | | "ACFR" means the State Annual Comprehensive Financial | 10 | | Report. | 11 | | There is created within the Governor's Office of | 12 | | Management and Budget an ACFR Internal Control Unit, which | 13 | | shall advise and assist the Director in coordinating the audit | 14 | | of the State Annual Comprehensive Financial Report on behalf | 15 | | of the Governor. The ACFR Internal Control Unit may develop | 16 | | policies, plans, and programs to be used by the Office for the | 17 | | coordination of the financial audit and may advise and assist | 18 | | State agencies, as defined in the Illinois State Auditing Act | 19 | | and under the jurisdiction of the Governor, in improving | 20 | | internal controls related to the State's financial statements | 21 | | and reporting. The ACFR Internal Control Unit is authorized to | 22 | | direct State agencies under the jurisdiction of the Governor | 23 | | in the adoption of internal control procedures and |
| | | HB5513 Enrolled | - 2 - | LRB103 39491 MXP 69687 b |
|
| 1 | | documentation necessary to address internal control | 2 | | deficiencies or resolve ACFR audit findings, and to direct | 3 | | implementation of such corrective actions. Each State agency | 4 | | under the jurisdiction of the Governor shall furnish to the | 5 | | Office such information as the Office may from time to time | 6 | | require, and the Director or any duly authorized employee of | 7 | | the Office shall for the purpose of securing such information, | 8 | | have access to, and the right to examine and receive a copy of | 9 | | all documents, papers, reports, or records of any State agency | 10 | | under the jurisdiction of the Governor to assist in carrying | 11 | | out the Office's responsibilities under this Section. | 12 | | Section 10. The Motor Fuel Tax Law is amended by changing | 13 | | Section 8b as follows: | 14 | | (35 ILCS 505/8b) | 15 | | Sec. 8b. Transportation Renewal Fund; creation; | 16 | | distribution of proceeds. | 17 | | (a) The Transportation Renewal Fund is hereby created as a | 18 | | special fund in the State treasury. Moneys in the Fund shall be | 19 | | used as provided in this Section: | 20 | | (1) 80% of the moneys in the Fund shall be used for | 21 | | highway maintenance, highway construction, bridge repair, | 22 | | congestion relief, and construction of aviation | 23 | | facilities; of that 80%: | 24 | | (A) the State Comptroller shall order transferred |
| | | HB5513 Enrolled | - 3 - | LRB103 39491 MXP 69687 b |
|
| 1 | | and the State Treasurer shall transfer 60% to the | 2 | | State Construction Account Fund; those moneys shall be | 3 | | used solely for construction, reconstruction, | 4 | | improvement, repair, maintenance, operation, and | 5 | | administration of highways and are limited to payments | 6 | | made pursuant to design and construction contracts | 7 | | awarded by the Department of Transportation; | 8 | | (B) 40% shall be distributed by the Department of | 9 | | Transportation to municipalities, counties, and road | 10 | | districts of the State using the percentages set forth | 11 | | in subdivisions (A), (B), (C), and (D) of paragraph | 12 | | (2) of subsection (e) of Section 8; distributions to | 13 | | particular municipalities, counties, and road | 14 | | districts under this subdivision (B) shall be made | 15 | | according to the allocation procedures described for | 16 | | municipalities, counties, and road districts in | 17 | | subsection (e) of Section 8 and shall be subject to the | 18 | | same requirements and limitations described in that | 19 | | subsection; and | 20 | | (2) 20% of the moneys in the Fund shall be used for | 21 | | projects related to rail facilities and mass transit | 22 | | facilities, as defined in Section 2705-305 of the | 23 | | Department of Transportation Law of the Civil | 24 | | Administrative Code of Illinois, including rapid transit, | 25 | | rail, high-speed rail, bus and other equipment in | 26 | | connection with the State or a unit of local government, |
| | | HB5513 Enrolled | - 4 - | LRB103 39491 MXP 69687 b |
|
| 1 | | special district, municipal corporation, or other public | 2 | | agency authorized to provide and promote public | 3 | | transportation within the State; of that 20%: | 4 | | (A) 90% shall be deposited into the Regional | 5 | | Transportation Authority Capital Improvement Fund, a | 6 | | special fund created in the State Treasury; moneys in | 7 | | the Regional Transportation Authority Capital | 8 | | Improvement Fund shall be used by the Regional | 9 | | Transportation Authority for construction, | 10 | | improvements, and deferred maintenance on mass transit | 11 | | facilities and acquisition of buses and other | 12 | | equipment; and | 13 | | (B) 10% shall be deposited into the Downstate Mass | 14 | | Transportation Capital Improvement Fund, a special | 15 | | fund created in the State Treasury; moneys in the | 16 | | Downstate Mass Transportation Capital Improvement Fund | 17 | | shall be used by local mass transit districts other | 18 | | than the Regional Transportation Authority for | 19 | | construction, improvements, and deferred maintenance | 20 | | on mass transit facilities and acquisition of buses | 21 | | and other equipment. | 22 | | (b) (Blank). Beginning on July 1, 2020, the Auditor | 23 | | General shall conduct an annual financial audit of the | 24 | | obligations, expenditures, receipt, and use of the funds | 25 | | deposited into the Transportation Renewal Fund and provide | 26 | | specific recommendations to help ensure compliance with State |
| | | HB5513 Enrolled | - 5 - | LRB103 39491 MXP 69687 b |
|
| 1 | | and federal statutes, rules, and regulations. | 2 | | (Source: P.A. 101-32, eff. 6-28-19; 101-604, eff. 12-13-19.) | 3 | | (305 ILCS 5/15-6 rep.) | 4 | | Section 15. The Illinois Public Aid Code is amended by | 5 | | repealing Section 15-6. | 6 | | Section 20. The Mental Health and Developmental | 7 | | Disabilities Code is amended by changing Sections 5-107 and | 8 | | 5-107.1 as follows: | 9 | | (405 ILCS 5/5-107) (from Ch. 91 1/2, par. 5-107) | 10 | | Sec. 5-107. Remittances from intermediary agencies under | 11 | | Title XVIII of the Federal Social Security Act for services to | 12 | | persons in State facilities shall be deposited with the State | 13 | | Treasurer and placed in the Mental Health Fund. Payments | 14 | | received from the Department of Healthcare and Family Services | 15 | | under Title XIX of the Federal Social Security Act for | 16 | | services to persons in State facilities shall be deposited | 17 | | with the State Treasurer and shall be placed in the General | 18 | | Revenue Fund. | 19 | | The Auditor General shall audit or cause to be audited all | 20 | | amounts collected by the Department. | 21 | | (Source: P.A. 95-331, eff. 8-21-07.) | 22 | | (405 ILCS 5/5-107.1) (from Ch. 91 1/2, par. 5-107.1) |
| | | HB5513 Enrolled | - 6 - | LRB103 39491 MXP 69687 b |
|
| 1 | | Sec. 5-107.1. Remittances from or on behalf of licensed | 2 | | long-term care facilities through Department of Healthcare and | 3 | | Family Services reimbursement and monies from other funds for | 4 | | Day Training Programs for clients with a developmental | 5 | | disability shall be deposited with the State Treasurer and | 6 | | placed in the Mental Health Fund. | 7 | | The Auditor General shall audit or cause to be audited all | 8 | | amounts collected by the Department. | 9 | | (Source: P.A. 95-331, eff. 8-21-07.) | 10 | | Section 25. The Workers' Compensation Act is amended by | 11 | | changing Section 4a-7 as follows: | 12 | | (820 ILCS 305/4a-7) (from Ch. 48, par. 138.4a-7) | 13 | | Sec. 4a-7. (a) The Commission may upon direction of the | 14 | | Board from time to time assess each of the private | 15 | | self-insurers a pro rata share of the funding reasonably | 16 | | necessary to carry out its activities under Sections 4a-1 | 17 | | through 4a-9. The prorations shall be made on the basis of each | 18 | | self-insured's most recent payment into the rate adjustment | 19 | | fund under Section 7(f) of this Act. In no event shall a | 20 | | private self-insurer be assessed at one time in excess of .6% | 21 | | of the compensation paid by that private self-insurer during | 22 | | the previous calendar year for claims incurred as a | 23 | | self-insurer. Total assessments against it in any calendar | 24 | | year shall not exceed 1.2% of the compensation it has paid |
| | | HB5513 Enrolled | - 7 - | LRB103 39491 MXP 69687 b |
|
| 1 | | during the previous calendar year as a self-insurer for claims | 2 | | incurred. Funds obtained by such assessments shall be used | 3 | | only for the purposes set forth in Sections 4a-1 through 4a-9, | 4 | | and shall be deposited upon receipt by the Commission into the | 5 | | Self-Insurers Security Fund. If payment of any assessment made | 6 | | under this subsection is not made within 30 days of the sending | 7 | | of the notice to the private self-insurer, the Commission at | 8 | | the direction of the Board shall proceed in circuit court for | 9 | | judgment against that private self-insurer which judgment | 10 | | shall include the amount of the assessment, the costs of suit, | 11 | | interest and reasonable attorneys' fees. | 12 | | (b) A private self-insurer which ceases to be a | 13 | | self-insurer shall be liable for any and all assessments made | 14 | | pursuant to this Section during the period following the date | 15 | | its certificate of authority to self-insure is withdrawn, | 16 | | revoked or surrendered until such time as it has discharged | 17 | | all obligations to pay compensation which arose during the | 18 | | period of time said former self-insurer was self-insured. | 19 | | Assessments of such a former private self-insurer shall be | 20 | | based on the compensation paid by the former private | 21 | | self-insurer during the preceding calendar year on claims that | 22 | | arose during the period of time said former private | 23 | | self-insurer was self-insured. | 24 | | (c) An The Board on behalf of the Commission shall | 25 | | annually contract for an independent certified audit of the | 26 | | financial activities of the Fund, and an annual report as of |
| | | HB5513 Enrolled | - 8 - | LRB103 39491 MXP 69687 b |
|
| 1 | | June 30 shall be submitted promptly by the Board to the | 2 | | Chairman of the Illinois Workers' Compensation Commission and | 3 | | to each Trustee. Written reports of all activities shall be | 4 | | submitted to the Commission by the Board on a monthly basis. | 5 | | (d) If there are monies remaining in the Fund after all | 6 | | outstanding obligations of all insolvent self-insurers have | 7 | | been satisfied and the costs of administration and defense | 8 | | have been paid, such amounts shall be returned by the | 9 | | Commission from the Fund as directed by the Board to the then | 10 | | private self-insurers in that proportion which each said | 11 | | private self-insurer has contributed to the Fund one year | 12 | | thereafter, provided no outstanding liabilities remain against | 13 | | the Fund. | 14 | | (e) Each private self-insurer shall be subject to the | 15 | | direction of the Commission as provided in Sections 4a-1 | 16 | | through 4a-9 as a condition of obtaining and maintaining its | 17 | | certificate of authority to self-insure. | 18 | | (Source: P.A. 102-910, eff. 5-27-22.) | 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law. |
|