(20 ILCS 2105/2105-300) (was 20 ILCS 2105/61e)
Sec. 2105-300. Professions Indirect Cost Fund; allocations;
analyses. (a) Appropriations for the direct and allocable indirect costs of licensing
and regulating each regulated profession, trade, occupation, or industry are intended to
be payable from the fees and fines that are assessed and collected from that
profession, trade, occupation, or industry, to the extent that those fees and fines are
sufficient. In any fiscal year in which the fees and fines generated by a
specific profession, trade, occupation, or industry are insufficient to finance the
necessary direct and allocable indirect costs of licensing and regulating that
profession, trade,
occupation, or industry, the remainder of those costs shall be
financed from appropriations payable from revenue sources other than fees and
fines. The direct and allocable indirect costs of the Department identified in
its cost allocation plans that are not attributable to the licensing and
regulation of a specific profession, trade, or occupation, or industry or group of
professions, trades, occupations, or industries shall be financed from appropriations from
revenue sources other than fees and fines.
(b) The Professions Indirect Cost Fund is hereby created as a special fund
in the State Treasury. The Fund may receive transfers of moneys authorized by
the Department from the cash balances in special
funds that receive revenues from the fees and fines associated with the
licensing of regulated professions, trades, occupations, and industries by the Department.
Moneys in the Fund shall be invested and earnings on the investments shall
be retained in the Fund.
Subject to appropriation, the Department shall use moneys in the Fund to pay
the ordinary and necessary allocable indirect expenses associated with each of
the regulated professions, trades,
occupations, and industries.
(c) Before the beginning of each fiscal year, the Department shall prepare
a cost allocation analysis to be used in establishing the necessary
appropriation levels for each cost purpose and revenue source. At the
conclusion of each fiscal year, the Department shall prepare a cost allocation
analysis reflecting the extent of the variation between how the costs were
actually financed in that year and the planned cost allocation for that year.
Variations between the planned and actual cost allocations for the prior fiscal
year shall be adjusted into the Department's planned cost allocation for the
next fiscal year.
Each cost allocation analysis shall separately identify the direct and
allocable indirect costs of each regulated profession, trade, occupation, or industry and
the costs of the Department's general public health and safety purposes.
The analyses shall determine whether the direct and allocable indirect
costs of each regulated profession, trade,
occupation, or industry and the costs of the
Department's general public health and safety purposes are sufficiently
financed from their respective funding sources. The Department shall prepare
the cost allocation analyses in consultation with the respective regulated
professions, trades, occupations, and industries and shall make copies of the analyses
available to them in a timely fashion.
(d) The Department may direct the State Comptroller and Treasurer to
transfer moneys from the special funds that receive fees and fines associated
with regulated professions, trades, occupations, and industries into the Professions
Indirect Cost Fund in accordance with the Department's cost allocation analysis
plan for the applicable fiscal year. For a given fiscal year, the Department
shall not direct the transfer of moneys under this subsection from a special
fund associated with a specific regulated profession, trade, occupation, or industry (or
group of professions, trades, occupations, or industries) in an amount exceeding the
allocable indirect costs associated with that profession, trade, occupation, or industry
(or group of professions, trades, occupations, or industries) as provided in the cost
allocation analysis for that fiscal year and adjusted for allocation variations
from the prior fiscal year. No direct costs identified in the cost allocation
plan shall be used as a basis for transfers into the Professions Indirect Cost
Fund or for expenditures from the Fund.
(e) (Blank). (Source: P.A. 103-363, eff. 7-28-23.)
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