Public Act 103-0866
 
HB5513 EnrolledLRB103 39491 MXP 69687 b

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