Sen. Dan Kotowski

Filed: 1/2/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2891

2    AMENDMENT NO. ______. Amend House Bill 2891, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5
"ARTICLE 1. SHORT TITLE; PURPOSE

 
6    Section 1-1. Short title. This Act may be cited as the
7FY2013 Budget Implementation (Supplemental) Act.
 
8    Section 1-5. Purpose. It is the purpose of this Act to make
9changes in State programs that are necessary to implement the
10Governor's fiscal year 2013 budget recommendations.
 
11
ARTICLE 5. AMENDATORY PROVISIONS

 
12    Section 5-5. The State Budget Law of the Civil
13Administrative Code of Illinois is amended by changing Section

 

 

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150-5 as follows:
 
2    (15 ILCS 20/50-5)
3    Sec. 50-5. Governor to submit State budget.
4    (a) The Governor shall, as soon as possible and not later
5than the second Wednesday in March in 2010 (March 10, 2010),
6the third Wednesday in February in 2011, the fourth Wednesday
7in February in 2012 (February 22, 2012), the first Wednesday in
8March in 2013 (March 6, 2013), and the third Wednesday in
9February of each year thereafter, except as otherwise provided
10in this Section, submit a State budget, embracing therein the
11amounts recommended by the Governor to be appropriated to the
12respective departments, offices, and institutions, and for all
13other public purposes, the estimated revenues from taxation,
14and the estimated revenues from sources other than taxation.
15Except with respect to the capital development provisions of
16the State budget, beginning with the revenue estimates prepared
17for fiscal year 2012, revenue estimates shall be based solely
18on: (i) revenue sources (including non-income resources),
19rates, and levels that exist as of the date of the submission
20of the State budget for the fiscal year and (ii) revenue
21sources (including non-income resources), rates, and levels
22that have been passed by the General Assembly as of the date of
23the submission of the State budget for the fiscal year and that
24are authorized to take effect in that fiscal year. Except with
25respect to the capital development provisions of the State

 

 

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1budget, the Governor shall determine available revenue, deduct
2the cost of essential government services, including, but not
3limited to, pension payments and debt service, and assign a
4percentage of the remaining revenue to each statewide
5prioritized goal, as established in Section 50-25 of this Law,
6taking into consideration the proposed goals set forth in the
7report of the Commission established under that Section. The
8Governor shall also demonstrate how spending priorities for the
9fiscal year fulfill those statewide goals. The amounts
10recommended by the Governor for appropriation to the respective
11departments, offices and institutions shall be formulated
12according to each department's, office's, and institution's
13ability to effectively deliver services that meet the
14established statewide goals. The amounts relating to
15particular functions and activities shall be further
16formulated in accordance with the object classification
17specified in Section 13 of the State Finance Act. In addition,
18the amounts recommended by the Governor for appropriation shall
19take into account each State agency's effectiveness in
20achieving its prioritized goals for the previous fiscal year,
21as set forth in Section 50-25 of this Law, giving priority to
22agencies and programs that have demonstrated a focus on the
23prevention of waste and the maximum yield from resources.
24    Beginning in fiscal year 2011, the Governor shall
25distribute written quarterly financial reports on operating
26funds, which may include general, State, or federal funds and

 

 

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1may include funds related to agencies that have significant
2impacts on State operations, and budget statements on all
3appropriated funds to the General Assembly and the State
4Comptroller. The reports shall be submitted no later than 45
5days after the last day of each quarter of the fiscal year and
6shall be posted on the Governor's Office of Management and
7Budget's website on the same day. The reports shall be prepared
8and presented for each State agency and on a statewide level in
9an executive summary format that may include, for the fiscal
10year to date, individual itemizations for each significant
11revenue type as well as itemizations of expenditures and
12obligations, by agency, with an appropriate level of detail.
13The reports shall include a calculation of the actual total
14budget surplus or deficit for the fiscal year to date. The
15Governor shall also present periodic budget addresses
16throughout the fiscal year at the invitation of the General
17Assembly.
18    The Governor shall not propose expenditures and the General
19Assembly shall not enact appropriations that exceed the
20resources estimated to be available, as provided in this
21Section. Appropriations may be adjusted during the fiscal year
22by means of one or more supplemental appropriation bills if any
23State agency either fails to meet or exceeds the goals set
24forth in Section 50-25 of this Law.
25    For the purposes of Article VIII, Section 2 of the 1970
26Illinois Constitution, the State budget for the following funds

 

 

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1shall be prepared on the basis of revenue and expenditure
2measurement concepts that are in concert with generally
3accepted accounting principles for governments:
4        (1) General Revenue Fund.
5        (2) Common School Fund.
6        (3) Educational Assistance Fund.
7        (4) Road Fund.
8        (5) Motor Fuel Tax Fund.
9        (6) Agricultural Premium Fund.
10    These funds shall be known as the "budgeted funds". The
11revenue estimates used in the State budget for the budgeted
12funds shall include the estimated beginning fund balance, plus
13revenues estimated to be received during the budgeted year,
14plus the estimated receipts due the State as of June 30 of the
15budgeted year that are expected to be collected during the
16lapse period following the budgeted year, minus the receipts
17collected during the first 2 months of the budgeted year that
18became due to the State in the year before the budgeted year.
19Revenues shall also include estimated federal reimbursements
20associated with the recognition of Section 25 of the State
21Finance Act liabilities. For any budgeted fund for which
22current year revenues are anticipated to exceed expenditures,
23the surplus shall be considered to be a resource available for
24expenditure in the budgeted fiscal year.
25    Expenditure estimates for the budgeted funds included in
26the State budget shall include the costs to be incurred by the

 

 

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1State for the budgeted year, to be paid in the next fiscal
2year, excluding costs paid in the budgeted year which were
3carried over from the prior year, where the payment is
4authorized by Section 25 of the State Finance Act. For any
5budgeted fund for which expenditures are expected to exceed
6revenues in the current fiscal year, the deficit shall be
7considered as a use of funds in the budgeted fiscal year.
8    Revenues and expenditures shall also include transfers
9between funds that are based on revenues received or costs
10incurred during the budget year.
11    Appropriations for expenditures shall also include all
12anticipated statutory continuing appropriation obligations
13that are expected to be incurred during the budgeted fiscal
14year.
15    By March 15 of each year, the Commission on Government
16Forecasting and Accountability shall prepare revenue and fund
17transfer estimates in accordance with the requirements of this
18Section and report those estimates to the General Assembly and
19the Governor.
20    For all funds other than the budgeted funds, the proposed
21expenditures shall not exceed funds estimated to be available
22for the fiscal year as shown in the budget. Appropriation for a
23fiscal year shall not exceed funds estimated by the General
24Assembly to be available during that year.
25    (b) By February 24, 2010, the Governor must file a written
26report with the Secretary of the Senate and the Clerk of the

 

 

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1House of Representatives containing the following:
2        (1) for fiscal year 2010, the revenues for all budgeted
3    funds, both actual to date and estimated for the full
4    fiscal year;
5        (2) for fiscal year 2010, the expenditures for all
6    budgeted funds, both actual to date and estimated for the
7    full fiscal year;
8        (3) for fiscal year 2011, the estimated revenues for
9    all budgeted funds, including without limitation the
10    affordable General Revenue Fund appropriations, for the
11    full fiscal year; and
12        (4) for fiscal year 2011, an estimate of the
13    anticipated liabilities for all budgeted funds, including
14    without limitation the affordable General Revenue Fund
15    appropriations, debt service on bonds issued, and the
16    State's contributions to the pension systems, for the full
17    fiscal year.
18    Between July 1 and August 31 of each fiscal year, the
19members of the General Assembly and members of the public may
20make written budget recommendations to the Governor.
21    Beginning with budgets prepared for fiscal year 2013, the
22budgets submitted by the Governor and appropriations made by
23the General Assembly for all executive branch State agencies
24must adhere to a method of budgeting where each priority must
25be justified each year according to merit rather than according
26to the amount appropriated for the preceding year.

 

 

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1(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
2eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10;
396-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; 97-669, eff.
41-13-12; 97-813, eff. 7-13-12.)
 
5    Section 5-10. The Department of Professional Regulation
6Law of the Civil Administrative Code of Illinois is amended by
7changing Section 2105-15 as follows:
 
8    (20 ILCS 2105/2105-15)
9    Sec. 2105-15. General powers and duties.
10    (a) The Department has, subject to the provisions of the
11Civil Administrative Code of Illinois, the following powers and
12duties:
13        (1) To authorize examinations in English to ascertain
14    the qualifications and fitness of applicants to exercise
15    the profession, trade, or occupation for which the
16    examination is held.
17        (2) To prescribe rules and regulations for a fair and
18    wholly impartial method of examination of candidates to
19    exercise the respective professions, trades, or
20    occupations.
21        (3) To pass upon the qualifications of applicants for
22    licenses, certificates, and authorities, whether by
23    examination, by reciprocity, or by endorsement.
24        (4) To prescribe rules and regulations defining, for

 

 

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1    the respective professions, trades, and occupations, what
2    shall constitute a school, college, or university, or
3    department of a university, or other institution,
4    reputable and in good standing, and to determine the
5    reputability and good standing of a school, college, or
6    university, or department of a university, or other
7    institution, reputable and in good standing, by reference
8    to a compliance with those rules and regulations; provided,
9    that no school, college, or university, or department of a
10    university, or other institution that refuses admittance
11    to applicants solely on account of race, color, creed, sex,
12    or national origin shall be considered reputable and in
13    good standing.
14        (5) To conduct hearings on proceedings to revoke,
15    suspend, refuse to renew, place on probationary status, or
16    take other disciplinary action as authorized in any
17    licensing Act administered by the Department with regard to
18    licenses, certificates, or authorities of persons
19    exercising the respective professions, trades, or
20    occupations and to revoke, suspend, refuse to renew, place
21    on probationary status, or take other disciplinary action
22    as authorized in any licensing Act administered by the
23    Department with regard to those licenses, certificates, or
24    authorities. The Department shall issue a monthly
25    disciplinary report. The Department shall deny any license
26    or renewal authorized by the Civil Administrative Code of

 

 

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1    Illinois to any person who has defaulted on an educational
2    loan or scholarship provided by or guaranteed by the
3    Illinois Student Assistance Commission or any governmental
4    agency of this State; however, the Department may issue a
5    license or renewal if the aforementioned persons have
6    established a satisfactory repayment record as determined
7    by the Illinois Student Assistance Commission or other
8    appropriate governmental agency of this State.
9    Additionally, beginning June 1, 1996, any license issued by
10    the Department may be suspended or revoked if the
11    Department, after the opportunity for a hearing under the
12    appropriate licensing Act, finds that the licensee has
13    failed to make satisfactory repayment to the Illinois
14    Student Assistance Commission for a delinquent or
15    defaulted loan. For the purposes of this Section,
16    "satisfactory repayment record" shall be defined by rule.
17    The Department shall refuse to issue or renew a license to,
18    or shall suspend or revoke a license of, any person who,
19    after receiving notice, fails to comply with a subpoena or
20    warrant relating to a paternity or child support
21    proceeding. However, the Department may issue a license or
22    renewal upon compliance with the subpoena or warrant.
23        The Department, without further process or hearings,
24    shall revoke, suspend, or deny any license or renewal
25    authorized by the Civil Administrative Code of Illinois to
26    a person who is certified by the Department of Healthcare

 

 

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1    and Family Services (formerly Illinois Department of
2    Public Aid) as being more than 30 days delinquent in
3    complying with a child support order or who is certified by
4    a court as being in violation of the Non-Support Punishment
5    Act for more than 60 days. The Department may, however,
6    issue a license or renewal if the person has established a
7    satisfactory repayment record as determined by the
8    Department of Healthcare and Family Services (formerly
9    Illinois Department of Public Aid) or if the person is
10    determined by the court to be in compliance with the
11    Non-Support Punishment Act. The Department may implement
12    this paragraph as added by Public Act 89-6 through the use
13    of emergency rules in accordance with Section 5-45 of the
14    Illinois Administrative Procedure Act. For purposes of the
15    Illinois Administrative Procedure Act, the adoption of
16    rules to implement this paragraph shall be considered an
17    emergency and necessary for the public interest, safety,
18    and welfare.
19        (6) To transfer jurisdiction of any realty under the
20    control of the Department to any other department of the
21    State Government or to acquire or accept federal lands when
22    the transfer, acquisition, or acceptance is advantageous
23    to the State and is approved in writing by the Governor.
24        (7) To formulate rules and regulations necessary for
25    the enforcement of any Act administered by the Department.
26        (8) To exchange with the Department of Healthcare and

 

 

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1    Family Services information that may be necessary for the
2    enforcement of child support orders entered pursuant to the
3    Illinois Public Aid Code, the Illinois Marriage and
4    Dissolution of Marriage Act, the Non-Support of Spouse and
5    Children Act, the Non-Support Punishment Act, the Revised
6    Uniform Reciprocal Enforcement of Support Act, the Uniform
7    Interstate Family Support Act, or the Illinois Parentage
8    Act of 1984. Notwithstanding any provisions in this Code to
9    the contrary, the Department of Professional Regulation
10    shall not be liable under any federal or State law to any
11    person for any disclosure of information to the Department
12    of Healthcare and Family Services (formerly Illinois
13    Department of Public Aid) under this paragraph (8) or for
14    any other action taken in good faith to comply with the
15    requirements of this paragraph (8).
16        (9) To perform other duties prescribed by law.
17    (a-5) Except in cases involving default on an educational
18loan or scholarship provided by or guaranteed by the Illinois
19Student Assistance Commission or any governmental agency of
20this State or in cases involving delinquency in complying with
21a child support order or violation of the Non-Support
22Punishment Act, no person or entity whose license, certificate,
23or authority has been revoked as authorized in any licensing
24Act administered by the Department may apply for restoration of
25that license, certification, or authority until 3 years after
26the effective date of the revocation.

 

 

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1    (b) The Department may, when a fee is payable to the
2Department for a wall certificate of registration provided by
3the Department of Central Management Services, require that
4portion of the payment for printing and distribution costs be
5made directly or through the Department to the Department of
6Central Management Services for deposit into the Paper and
7Printing Revolving Fund. The remainder shall be deposited into
8the General Revenue Fund.
9    (c) For the purpose of securing and preparing evidence, and
10for the purchase of controlled substances, professional
11services, and equipment necessary for enforcement activities,
12recoupment of investigative costs, and other activities
13directed at suppressing the misuse and abuse of controlled
14substances, including those activities set forth in Sections
15504 and 508 of the Illinois Controlled Substances Act, the
16Director and agents appointed and authorized by the Director
17may expend sums from the Professional Regulation Evidence Fund
18that the Director deems necessary from the amounts appropriated
19for that purpose. Those sums may be advanced to the agent when
20the Director deems that procedure to be in the public interest.
21Sums for the purchase of controlled substances, professional
22services, and equipment necessary for enforcement activities
23and other activities as set forth in this Section shall be
24advanced to the agent who is to make the purchase from the
25Professional Regulation Evidence Fund on vouchers signed by the
26Director. The Director and those agents are authorized to

 

 

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1maintain one or more commercial checking accounts with any
2State banking corporation or corporations organized under or
3subject to the Illinois Banking Act for the deposit and
4withdrawal of moneys to be used for the purposes set forth in
5this Section; provided, that no check may be written nor any
6withdrawal made from any such account except upon the written
7signatures of 2 persons designated by the Director to write
8those checks and make those withdrawals. Vouchers for those
9expenditures must be signed by the Director. All such
10expenditures shall be audited by the Director, and the audit
11shall be submitted to the Department of Central Management
12Services for approval.
13    (d) Whenever the Department is authorized or required by
14law to consider some aspect of criminal history record
15information for the purpose of carrying out its statutory
16powers and responsibilities, then, upon request and payment of
17fees in conformance with the requirements of Section 2605-400
18of the Department of State Police Law (20 ILCS 2605/2605-400),
19the Department of State Police is authorized to furnish,
20pursuant to positive identification, the information contained
21in State files that is necessary to fulfill the request.
22    (e) The provisions of this Section do not apply to private
23business and vocational schools as defined by Section 15 of the
24Private Business and Vocational Schools Act of 2012.
25    (f) Beginning July 1, 1995, this Section does not apply to
26those professions, trades, and occupations licensed under the

 

 

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1Real Estate License Act of 2000, nor does it apply to any
2permits, certificates, or other authorizations to do business
3provided for in the Land Sales Registration Act of 1989 or the
4Illinois Real Estate Time-Share Act.
5    (g) Notwithstanding anything that may appear in any
6individual licensing statute or administrative rule, the
7Department shall deny any license application or renewal
8authorized under any licensing Act administered by the
9Department to any person who has failed to file a return, or to
10pay the tax, penalty, or interest shown in a filed return, or
11to pay any final assessment of tax, penalty, or interest, as
12required by any tax Act administered by the Illinois Department
13of Revenue, until such time as the requirement of any such tax
14Act are satisfied; however, the Department may issue a license
15or renewal if the person has established a satisfactory
16repayment record as determined by the Illinois Department of
17Revenue. For the purpose of this Section, "satisfactory
18repayment record" shall be defined by rule.
19    In addition, a complaint filed with the Department by the
20Illinois Department of Revenue that includes a certification,
21signed by its Director or designee, attesting to the amount of
22the unpaid tax liability or the years for which a return was
23not filed, or both, is prima facia evidence of the licensee's
24failure to comply with the tax laws administered by the
25Illinois Department of Revenue. Upon receipt of that
26certification, the Department shall, without a hearing,

 

 

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1immediately suspend all licenses held by the licensee.
2Enforcement of the Department's order shall be stayed for 60
3days. The Department shall provide notice of the suspension to
4the licensee by mailing a copy of the Department's order by
5certified and regular mail to the licensee's last known address
6as registered with the Department. The notice shall advise the
7licensee that the suspension shall be effective 60 days after
8the issuance of the Department's order unless the Department
9receives, from the licensee, a request for a hearing before the
10Department to dispute the matters contained in the order.
11    Any suspension imposed under this subsection (g) shall be
12terminated by the Department upon notification from the
13Illinois Department of Revenue that the licensee is in
14compliance with all tax laws administered by the Illinois
15Department of Revenue.
16    The Department shall promulgate rules for the
17administration of this subsection (g).
18    (h) The Department may grant the title "Retired", to be
19used immediately adjacent to the title of a profession
20regulated by the Department, to eligible retirees. The use of
21the title "Retired" shall not constitute representation of
22current licensure, registration, or certification. Any person
23without an active license, registration, or certificate in a
24profession that requires licensure, registration, or
25certification shall not be permitted to practice that
26profession.

 

 

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1    (i) Within 180 days after December 23, 2009 (the effective
2date of Public Act 96-852), the Department shall promulgate
3rules which permit a person with a criminal record, who seeks a
4license or certificate in an occupation for which a criminal
5record is not expressly a per se bar, to apply to the
6Department for a non-binding, advisory opinion to be provided
7by the Board or body with the authority to issue the license or
8certificate as to whether his or her criminal record would bar
9the individual from the licensure or certification sought,
10should the individual meet all other licensure requirements
11including, but not limited to, the successful completion of the
12relevant examinations.
13    (j) For Fiscal Year 2013 only and as soon as practicable
14after the effective date of this amendatory Act of the 97th
15General Assembly, the State Comptroller shall order and the
16State Treasurer shall transfer from the Professional
17Regulation Evidence Fund to the Illinois State Medical
18Disciplinary Fund a specific amount that shall be determined by
19the Secretary of the Department of Financial and Professional
20Regulation. Added together with the other transfers authorized
21under this amendatory Act of the 97th General Assembly, the
22total amount of transfers made from the Professional Regulation
23Evidence Fund and following funds shall not exceed $9,600,000:
24        Financial Institution Fund.
25        General Professions Dedicated Fund.
26        Savings and Residential Finance Regulatory Fund.

 

 

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1        Credit Union Fund.
2        Pawnbroker Regulation Fund.
3        Bank and Trust Company Fund.
4        Nursing Dedicated and Professional Fund.
5        Optometric Licensing and Disciplinary Board Fund.
6        Illinois State Podiatric Disciplinary Fund.
7        Illinois State Pharmacy Disciplinary Fund.
8        Home Inspector Administration Fund.
9        Registered Certified Public Accountants'
10    Administration and Disciplinary Fund.
11        Appraisal Administration Fund.
12(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
1396-1000, eff. 7-2-10; 97-650, eff. 2-1-12.)
 
14    Section 5-15. The State Finance Act is amended by changing
15Sections 6z-26, 6z-38, and 6z-81 and by adding Section 5i as
16follows:
 
17    (30 ILCS 105/5i new)
18    Sec. 5i. Transfers. Each year, the Governor's Office of
19Management and Budget shall, at the time set forth for the
20submission of the State budget under Section 50-5 of the State
21Budget Law, provide to the Chairman and the Minority
22Spokesperson of each of the appropriations committees of the
23House of Representatives and the Senate a report of (i) all
24full fiscal year transfers from the General Revenue Fund to any

 

 

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1other special fund of the State in the previous fiscal year and
2during the current fiscal year to date, and (ii) all projected
3full fiscal year transfers from the General Revenue Fund to
4those funds for the remainder of the current fiscal year and
5the next fiscal year, based on estimates prepared by the
6Governor's Office of Management and Budget. The report shall
7include a detailed summary of the estimates upon which the
8projected transfers are based. The report shall also indicate,
9for each transfer:
10        (1) whether or not there is statutory authority for the
11    transfer;
12        (2) if there is statutory authority for the transfer,
13    whether that statutory authority exists for the next fiscal
14    year; and
15        (3) whether there is debt service associated with the
16    transfer.
17    The General Assembly shall consider the report in the
18appropriations process.
 
19    (30 ILCS 105/6z-26)
20    Sec. 6z-26. The Financial Institution Fund. All moneys
21received by the Department of Financial and Professional
22Regulation under the Safety Deposit License Act, the Foreign
23Exchange License Act, the Pawners Societies Act, the Sale of
24Exchange Act, the Currency Exchange Act, the Sales Finance
25Agency Act, the Debt Management Service Act, the Consumer

 

 

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1Installment Loan Act, the Illinois Development Credit
2Corporation Act, the Title Insurance Act, the Debt Settlement
3Consumer Protection Act, the Debt Management Service Consumer
4Protection Fund, and any other Act administered by the
5Department of Financial and Professional Regulation as the
6successor of the Department of Financial Institutions now or in
7the future (unless an Act specifically provides otherwise)
8shall be deposited in the Financial Institution Fund
9(hereinafter "Fund"), a special fund that is hereby created in
10the State Treasury.
11    Moneys in the Fund shall be used by the Department, subject
12to appropriation, for expenses incurred in administering the
13above named and referenced Acts.
14    The Comptroller and the State Treasurer shall transfer from
15the General Revenue Fund to the Fund any monies received by the
16Department after June 30, 1993, under any of the above named
17and referenced Acts that have been deposited in the General
18Revenue Fund.
19    As soon as possible after the end of each calendar year,
20the Comptroller shall compare the balance in the Fund at the
21end of the calendar year with the amount appropriated from the
22Fund for the fiscal year beginning on July 1 of that calendar
23year. If the balance in the Fund exceeds the amount
24appropriated, the Comptroller and the State Treasurer shall
25transfer from the Fund to the General Revenue Fund an amount
26equal to the difference between the balance in the Fund and the

 

 

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1amount appropriated.
2    Nothing in this Section shall be construed to prohibit
3appropriations from the General Revenue Fund for expenses
4incurred in the administration of the above named and
5referenced Acts.
6    Moneys in the Fund may be transferred to the Professions
7Indirect Cost Fund, as authorized under Section 2105-300 of the
8Department of Professional Regulation Law of the Civil
9Administrative Code of Illinois.
10    For Fiscal Year 2013 only and as soon as practicable after
11the effective date of this amendatory Act of the 97th General
12Assembly, the State Comptroller shall order and the State
13Treasurer shall transfer from the Fund to the Illinois State
14Medical Disciplinary Fund a specific amount that shall be
15determined by the Secretary of the Department of Financial and
16Professional Regulation. Added together with the other
17transfers authorized under this amendatory Act of the 97th
18General Assembly, the total amount of transfers made from the
19Fund and following funds shall not exceed $9,600,000:
20        Professional Regulation Evidence Fund.
21        General Professions Dedicated Fund.
22        Savings and Residential Finance Regulatory Fund.
23        Credit Union Fund.
24        Pawnbroker Regulation Fund.
25        Bank and Trust Company Fund.
26        Nursing Dedicated and Professional Fund.

 

 

09700HB2891sam005- 22 -LRB097 08743 HLH 73041 a

1        Optometric Licensing and Disciplinary Board Fund.
2        Illinois State Podiatric Disciplinary Fund.
3        Illinois State Pharmacy Disciplinary Fund.
4        Home Inspector Administration Fund.
5        Registered Certified Public Accountants'
6    Administration and Disciplinary Fund.
7        Appraisal Administration Fund.
8(Source: P.A. 96-1420, eff. 8-3-10.)
 
9    (30 ILCS 105/6z-38)
10    Sec. 6z-38. General Professions Dedicated Fund. The
11General Professions Dedicated Fund is created in the State
12treasury. Moneys in the Fund shall be invested and earnings on
13the investments shall be retained in the Fund. Moneys in the
14Fund shall be appropriated to the Department of Professional
15Regulation for the ordinary and contingent expenses of the
16Department, except for moneys transferred under Section 19 of
17the Sex Offender Management Board Act which shall be
18appropriated for the purpose of implementing the provisions of
19the Sex Offender Evaluation and Treatment Provider Act. Moneys
20in the Fund may be transferred to the Professions Indirect Cost
21Fund as authorized by Section 2105-300 of the Department of
22Professional Regulation Law (20 ILCS 2105/2105-300).
23    For Fiscal Year 2013 only and as soon as practicable after
24the effective date of this amendatory Act of the 97th General
25Assembly, the State Comptroller shall order and the State

 

 

09700HB2891sam005- 23 -LRB097 08743 HLH 73041 a

1Treasurer shall transfer from the Fund to the Illinois State
2Medical Disciplinary Fund a specific amount that shall be
3determined by the Secretary of the Department of Financial and
4Professional Regulation. Added together with the other
5transfers authorized under this amendatory Act of the 97th
6General Assembly, the total amount of transfers made from the
7Fund and following funds shall not exceed $9,600,000:
8        Professional Regulation Evidence Fund.
9        Financial Institution Fund.
10        Savings and Residential Finance Regulatory Fund.
11        Credit Union Fund.
12        Pawnbroker Regulation Fund.
13        Bank and Trust Company Fund.
14        Nursing Dedicated and Professional Fund.
15        Optometric Licensing and Disciplinary Board Fund.
16        Illinois State Podiatric Disciplinary Fund.
17        Illinois State Pharmacy Disciplinary Fund.
18        Home Inspector Administration Fund.
19        Registered Certified Public Accountants'
20    Administration and Disciplinary Fund.
21        Appraisal Administration Fund.
22(Source: P.A. 97-1098, eff. 1-1-13.)
 
23    (30 ILCS 105/6z-81)
24    Sec. 6z-81. Healthcare Provider Relief Fund.
25    (a) There is created in the State treasury a special fund

 

 

09700HB2891sam005- 24 -LRB097 08743 HLH 73041 a

1to be known as the Healthcare Provider Relief Fund.
2    (b) The Fund is created for the purpose of receiving and
3disbursing moneys in accordance with this Section.
4Disbursements from the Fund shall be made only as follows:
5        (1) Subject to appropriation, for payment by the
6    Department of Healthcare and Family Services or by the
7    Department of Human Services of medical bills and related
8    expenses, including administrative expenses, for which the
9    State is responsible under Titles XIX and XXI of the Social
10    Security Act, the Illinois Public Aid Code, the Children's
11    Health Insurance Program Act, the Covering ALL KIDS Health
12    Insurance Act, and the Long Term Acute Care Hospital
13    Quality Improvement Transfer Program Act.
14        (2) For repayment of funds borrowed from other State
15    funds or from outside sources, including interest thereon.
16    (c) The Fund shall consist of the following:
17        (1) Moneys received by the State from short-term
18    borrowing pursuant to the Short Term Borrowing Act on or
19    after the effective date of this amendatory Act of the 96th
20    General Assembly.
21        (2) All federal matching funds received by the Illinois
22    Department of Healthcare and Family Services as a result of
23    expenditures made by the Department that are attributable
24    to moneys deposited in the Fund.
25        (3) All federal matching funds received by the Illinois
26    Department of Healthcare and Family Services as a result of

 

 

09700HB2891sam005- 25 -LRB097 08743 HLH 73041 a

1    federal approval of Title XIX State plan amendment
2    transmittal number 07-09.
3        (4) All other moneys received for the Fund from any
4    other source, including interest earned thereon.
5    (d) In addition to any other transfers that may be provided
6for by law, on the effective date of this amendatory Act of the
797th General Assembly, or as soon thereafter as practical, the
8State Comptroller shall direct and the State Treasurer shall
9transfer the sum of $365,000,000 from the General Revenue Fund
10into the Healthcare Provider Relief Fund.
11    (e) In addition to any other transfers that may be provided
12for by law, on July 1, 2011, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $160,000,000 from the
15General Revenue Fund to the Healthcare Provider Relief Fund.
16    (f) Notwithstanding any other State law to the contrary,
17and in addition to any other transfers that may be provided for
18by law, the State Comptroller shall order transferred and the
19State Treasurer shall transfer $500,000,000 to the Healthcare
20Provider Relief Fund from the General Revenue Fund in equal
21monthly installments of $100,000,000, with the first transfer
22to be made on July 1, 2012, or as soon thereafter as practical,
23and with each of the remaining transfers to be made on August
241, 2012, September 1, 2012, October 1, 2012, and November 1,
252012, or as soon thereafter as practical. This transfer may
26assist the Department of Healthcare and Family Services in

 

 

09700HB2891sam005- 26 -LRB097 08743 HLH 73041 a

1improving Medical Assistance bill processing timeframes or in
2meeting the possible requirements of Senate Bill 3397, or other
3similar legislation, of the 97th General Assembly should it
4become law.
5    (g) Notwithstanding any other State law to the contrary,
6and in addition to any other transfers that may be provided for
7by law, the State Comptroller shall order transferred and the
8State Treasurer shall transfer $151,000,000 to the Healthcare
9Provider Relief Fund from the General Revenue Fund in equal
10monthly installments of $37,750,000, with the first transfer to
11be made 30 days after the effective date of this amendatory Act
12of the 97th General Assembly, or as soon thereafter as
13practical, and with each of the remaining transfers to be made
1460, 90, and 120 days after the effective date of this
15amendatory Act of the 97th General Assembly, or as soon
16thereafter as practical.
17(Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11;
1897-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff.
196-14-12; 97-732, eff. 6-30-12; revised 7-10-12.)
 
20    Section 5-20. The Illinois Savings and Loan Act of 1985 is
21amended by changing Section 7-19.1 as follows:
 
22    (205 ILCS 105/7-19.1)  (from Ch. 17, par. 3307-19.1)
23    Sec. 7-19.1. Savings and Residential Finance Regulatory
24Fund.

 

 

09700HB2891sam005- 27 -LRB097 08743 HLH 73041 a

1    (a) Until the effective date of this amendatory Act of the
297th General Assembly, the aggregate of all moneys collected by
3the Secretary under this Act shall be paid promptly after
4receipt of the same, accompanied by a detailed statement
5thereof, into the State treasury and shall be set apart in the
6Savings and Residential Finance Regulatory Fund, a special fund
7hereby created in the State treasury. The amounts deposited
8into the Fund shall be used for the ordinary and contingent
9expenses of the Department of Financial and Professional
10Regulation and the Division of Banking, or their successors, in
11administering and enforcing the Illinois Savings and Loan Act
12of 1985, the Savings Bank Act, and the Residential Mortgage
13License Act of 1987 and other laws, rules, and regulations as
14may apply to the administration and enforcement of the
15foregoing laws, rules, and regulations as amended from time to
16time. Nothing in this Act shall prevent continuing the practice
17of paying expenses involving salaries, retirement, social
18security, and State-paid insurance of State officers by
19appropriation from the General Revenue Fund.
20    (b) (Blank).
21    (b-5) Moneys in the Savings and Residential Finance
22Regulatory Fund may be transferred to the Professions Indirect
23Cost Fund, as authorized under Section 2105-300 of the
24Department of Professional Regulation Law of the Civil
25Administrative Code of Illinois.
26    (b-10) Notwithstanding provisions in the State Finance

 

 

09700HB2891sam005- 28 -LRB097 08743 HLH 73041 a

1Act, as now or hereafter amended, or any other law to the
2contrary, the sum of $27,481,638 shall be transferred from the
3Savings and Residential Finance Regulatory Fund to the
4Financial Institutions Settlement of 2008 Fund on the effective
5date of this amendatory Act of the 95th General Assembly, or as
6soon thereafter as practical.
7    Notwithstanding provisions in the State Finance Act, as now
8or hereafter amended, or any other law to the contrary, the
9Governor may, during any fiscal year through January 10, 2011,
10from time to time direct the State Treasurer and Comptroller to
11transfer a specified sum not exceeding 10% of the revenues to
12be deposited into the Savings and Residential Finance
13Regulatory Fund during that fiscal year from that Fund to the
14General Revenue Fund in order to help defray the State's
15operating costs for the fiscal year. Notwithstanding
16provisions in the State Finance Act, as now or hereafter
17amended, or any other law to the contrary, the total sum
18transferred during any fiscal year through January 10, 2011,
19from the Savings and Residential Finance Regulatory Fund to the
20General Revenue Fund pursuant to this provision shall not
21exceed during any fiscal year 10% of the revenues to be
22deposited into the Savings and Residential Finance Regulatory
23Fund during that fiscal year. The State Treasurer and
24Comptroller shall transfer the amounts designated under this
25Section as soon as may be practicable after receiving the
26direction to transfer from the Governor.

 

 

09700HB2891sam005- 29 -LRB097 08743 HLH 73041 a

1    (c) All earnings received from investments of funds in the
2Savings and Residential Finance Regulatory Fund shall be
3deposited into the Savings and Residential Finance Regulatory
4Fund and may be used for the same purposes as fees deposited
5into that Fund.
6    (d) When the balance in the Savings and Residential Finance
7Regulatory Fund at the end of a fiscal year apportioned to the
8fees collected under the Illinois Savings and Loan Act of 1985
9and the Savings Bank Act exceeds 25% of the total actual
10administrative and operational expenses incurred by the State
11for that fiscal year in administering and enforcing the
12Illinois Savings and Loan Act of 1985 and the Savings Bank Act
13and such other laws, rules, and regulations as may apply to the
14administration and enforcement of the foregoing laws, rules,
15and regulations, the excess shall be credited to the
16appropriate institutions and entities and applied against
17their regulatory fees for the subsequent fiscal year. The
18amount credited to each institution or entity shall be in the
19same proportion that the regulatory fees paid by the
20institution or entity for the fiscal year in which the excess
21is produced bear to the aggregate amount of all fees collected
22by the Secretary under the Illinois Savings and Loan Act of
231985 and the Savings Bank Act for the same fiscal year. For the
24purpose of this Section, "fiscal year" means the period
25beginning July 1 of any year and ending June 30 of the next
26calendar year.

 

 

09700HB2891sam005- 30 -LRB097 08743 HLH 73041 a

1    (e) For Fiscal Year 2013 only and as soon as practicable
2after the effective date of this amendatory Act of the 97th
3General Assembly, the State Comptroller shall order and the
4State Treasurer shall transfer from the Savings and Residential
5Finance Regulatory Fund to the Illinois State Medical
6Disciplinary Fund a specific amount that shall be determined by
7the Secretary of the Department of Financial and Professional
8Regulation. Added together with the other transfers authorized
9under this amendatory Act of the 97th General Assembly, the
10total amount of transfers made from the Savings and Residential
11Finance Regulatory Fund and following funds shall not exceed
12$9,600,000:
13        Professional Regulation Evidence Fund.
14        Financial Institution Fund.
15        General Professions Dedicated Fund.
16        Credit Union Fund.
17        Pawnbroker Regulation Fund.
18        Bank and Trust Company Fund.
19        Nursing Dedicated and Professional Fund.
20        Optometric Licensing and Disciplinary Board Fund.
21        Illinois State Podiatric Disciplinary Fund.
22        Illinois State Pharmacy Disciplinary Fund.
23        Home Inspector Administration Fund.
24        Registered Certified Public Accountants'
25    Administration and Disciplinary Fund.
26        Appraisal Administration Fund.

 

 

09700HB2891sam005- 31 -LRB097 08743 HLH 73041 a

1(Source: P.A. 97-492, eff. 1-1-12.)
 
2    Section 5-25. The Illinois Credit Union Act is amended by
3changing Section 12 as follows:
 
4    (205 ILCS 305/12)  (from Ch. 17, par. 4413)
5    Sec. 12. Regulatory fees.
6    (1) For the fiscal year beginning July 1, 2007, a credit
7union regulated by the Department shall pay a regulatory fee to
8the Department based upon its total assets as shown by its
9Year-end Call Report at the following rates or at a lesser rate
10established by the Secretary in a manner proportionately
11consistent with the following rates and sufficient to fund the
12actual administrative and operational expenses of the
13Department's Credit Union Section pursuant to subsection (4) of
14this Section:
15TOTAL ASSETSREGULATORY FEE
16$25,000 or less ................$100
17Over $25,000 and not over
18$100,000 .......................$100 plus $4 per
19$1,000 of assets in excess of
20$25,000
21Over $100,000 and not over
22$200,000 .......................$400 plus $3 per
23$1,000 of assets in excess of
24$100,000

 

 

09700HB2891sam005- 32 -LRB097 08743 HLH 73041 a

1Over $200,000 and not over
2$500,000 .......................$700 plus $2 per
3$1,000 of assets in excess of
4$200,000
5Over $500,000 and not over
6$1,000,000 .....................$1,300 plus $1.40
7per $1,000 of assets in excess
8of $500,000
9Over $1,000,000 and not
10over $5,000,000.................$2,000 plus $0.50
11per $1,000 of assets in
12excess of $1,000,000
13Over $5,000,000 and not
14over $30,000,000 ............... $4,540 plus $0.397
15per $1,000 assets
16in excess of $5,000,000
17Over $30,000,000 and not over
18$100,000,000....................$14,471 plus $0.34
19per $1,000 of assets
20 in excess of $30,000,000
21Over $100,000,000 and not
22over $500,000,000 ..............$38,306 plus $0.17
23per $1,000 of assets
24in excess of $100,000,000
25Over $500,000,000 ..............$106,406 plus $0.056
26per $1,000 of assets

 

 

09700HB2891sam005- 33 -LRB097 08743 HLH 73041 a

1in excess of $500,000,000
2    (2) The Secretary shall review the regulatory fee schedule
3in subsection (1) and the projected earnings on those fees on
4an annual basis and adjust the fee schedule no more than 5%
5annually if necessary to defray the estimated administrative
6and operational expenses of the Credit Union Section of the
7Department as defined in subsection (5). However, the fee
8schedule shall not be increased if the amount remaining in the
9Credit Union Fund at the end of any fiscal year is greater than
1025% of the total actual and operational expenses incurred by
11the State in administering and enforcing the Illinois Credit
12Union Act and other laws, rules, and regulations as may apply
13to the administration and enforcement of the foregoing laws,
14rules, and regulations as amended from time to time for the
15preceding fiscal year. The regulatory fee for the next fiscal
16year shall be calculated by the Secretary based on the credit
17union's total assets as of December 31 of the preceding
18calendar year. The Secretary shall provide credit unions with
19written notice of any adjustment made in the regulatory fee
20schedule.
21    (3) A credit union shall pay to the Department a regulatory
22fee in quarterly installments equal to one-fourth of the
23regulatory fee due in accordance with the regulatory fee
24schedule in subsection (1), on the basis of assets as of the
25Year-end Call Report of the preceding calendar year. The total
26annual regulatory fee shall not be less than $100 or more than

 

 

09700HB2891sam005- 34 -LRB097 08743 HLH 73041 a

1$141,875, provided that the regulatory fee cap of $141,875
2shall be adjusted to incorporate the same percentage increase
3as the Secretary makes in the regulatory fee schedule from time
4to time under subsection (2). No regulatory fee shall be
5collected from a credit union until it has been in operation
6for one year. The regulatory fee shall be billed to credit
7unions on a quarterly basis and it shall be payable by credit
8unions on the due date for the Call Report for the subject
9quarter.
10    (4) The aggregate of all fees collected by the Department
11under this Act shall be paid promptly after they are received,
12accompanied by a detailed statement thereof, into the State
13Treasury and shall be set apart in the Credit Union Fund, a
14special fund hereby created in the State treasury. The amount
15from time to time deposited in the Credit Union Fund and shall
16be used to offset the ordinary administrative and operational
17expenses of the Credit Union Section of the Department under
18this Act. All earnings received from investments of funds in
19the Credit Union Fund shall be deposited into the Credit Union
20Fund and may be used for the same purposes as fees deposited
21into that fund. Moneys deposited in the Credit Union Fund may
22be transferred to the Professions Indirect Cost Fund, as
23authorized under Section 2105-300 of the Department of
24Professional Regulation Law of the Civil Administrative Code of
25Illinois.
26    Notwithstanding provisions in the State Finance Act, as now

 

 

09700HB2891sam005- 35 -LRB097 08743 HLH 73041 a

1or hereafter amended, or any other law to the contrary, the
2Governor may, during any fiscal year through January 10, 2011,
3from time to time direct the State Treasurer and Comptroller to
4transfer a specified sum not exceeding 10% of the revenues to
5be deposited into the Credit Union Fund during that fiscal year
6from that Fund to the General Revenue Fund in order to help
7defray the State's operating costs for the fiscal year.
8Notwithstanding provisions in the State Finance Act, as now or
9hereafter amended, or any other law to the contrary, the total
10sum transferred from the Credit Union Fund to the General
11Revenue Fund pursuant to this provision shall not exceed during
12any fiscal year 10% of the revenues to be deposited into the
13Credit Union Fund during that fiscal year. The State Treasurer
14and Comptroller shall transfer the amounts designated under
15this Section as soon as may be practicable after receiving the
16direction to transfer from the Governor.
17    (4.5) For Fiscal Year 2013 only and as soon as practicable
18after the effective date of this amendatory Act of the 97th
19General Assembly, the State Comptroller shall order and the
20State Treasurer shall transfer from the Credit Union Fund to
21the Illinois State Medical Disciplinary Fund a specific amount
22that shall be determined by the Secretary of the Department of
23Financial and Professional Regulation. Added together with the
24other transfers authorized under this amendatory Act of the
2597th General Assembly, the total amount of transfers made from
26the Credit Union Fund and following funds shall not exceed

 

 

09700HB2891sam005- 36 -LRB097 08743 HLH 73041 a

1$9,600,000:
2        Professional Regulation Evidence Fund.
3        Financial Institution Fund.
4        General Professions Dedicated Fund.
5        Savings and Residential Finance Regulatory Fund.
6        Pawnbroker Regulation Fund.
7        Bank and Trust Company Fund.
8        Nursing Dedicated and Professional Fund.
9        Optometric Licensing and Disciplinary Board Fund.
10        Illinois State Podiatric Disciplinary Fund.
11        Illinois State Pharmacy Disciplinary Fund.
12        Home Inspector Administration Fund.
13        Registered Certified Public Accountants'
14    Administration and Disciplinary Fund.
15        Appraisal Administration Fund.
16    (5) The administrative and operational expenses for any
17fiscal year shall mean the ordinary and contingent expenses for
18that year incidental to making the examinations provided for
19by, and for administering, this Act, including all salaries and
20other compensation paid for personal services rendered for the
21State by officers or employees of the State to enforce this
22Act; all expenditures for telephone and telegraph charges,
23postage and postal charges, office supplies and services,
24furniture and equipment, office space and maintenance thereof,
25travel expenses and other necessary expenses; all to the extent
26that such expenditures are directly incidental to such

 

 

09700HB2891sam005- 37 -LRB097 08743 HLH 73041 a

1examination or administration.
2    (6) When the balance in the Credit Union Fund at the end of
3a fiscal year exceeds 25% of the total administrative and
4operational expenses incurred by the State in administering and
5enforcing the Illinois Credit Union Act and other laws, rules,
6and regulations as may apply to the administration and
7enforcement of the foregoing laws, rules, and regulations as
8amended from time to time for that fiscal year, such excess
9shall be credited to credit unions and applied against their
10regulatory fees for the subsequent fiscal year. The amount
11credited to each credit union shall be in the same proportion
12as the regulatory fee paid by such credit union for the fiscal
13year in which the excess is produced bears to the aggregate
14amount of all fees collected by the Department under this Act
15for the same fiscal year.
16    (7) (Blank).
17    (8) Nothing in this Act shall prohibit the General Assembly
18from appropriating funds to the Department from the General
19Revenue Fund for the purpose of administering this Act.
20    (9) For purposes of this Section, "fiscal year" means a
21period beginning on July 1 of any calendar year and ending on
22June 30 of the next calendar year.
23(Source: P.A. 97-133, eff. 1-1-12.)
 
24    Section 5-30. The Pawnbroker Regulation Act is amended by
25changing Section 0.05 as follows:
 

 

 

09700HB2891sam005- 38 -LRB097 08743 HLH 73041 a

1    (205 ILCS 510/0.05)
2    Sec. 0.05. Administration of Act.
3    (a) This Act shall be administered by the Secretary of
4Financial and Professional Regulation, and, beginning on July
528, 2010 (the effective date of Public Act 96-1365), all
6references in this Act to the Commissioner of Banks and Real
7Estate are deemed, in appropriate contexts, to be references to
8the Secretary of Financial and Professional Regulation, who
9shall have all of the following powers and duties in
10administering this Act:
11        (1) To promulgate reasonable rules for the purpose of
12    administering the provisions of this Act.
13        (2) To issue orders for the purpose of administering
14    the provisions of this Act and any rule promulgated in
15    accordance with this Act.
16        (2.5) To order restitution to consumers suffering
17    damages resulting from violations of this Act, rules
18    promulgated in accordance with this Act, or other laws or
19    regulations related to the operation of a pawnshop.
20        (3) To appoint hearing officers and to hire employees
21    or to contract with appropriate persons to execute any of
22    the powers granted to the Secretary under this Section for
23    the purpose of administering this Act and any rule
24    promulgated in accordance with this Act.
25        (4) To subpoena witnesses, to compel their attendance,

 

 

09700HB2891sam005- 39 -LRB097 08743 HLH 73041 a

1    to administer an oath, to examine any person under oath,
2    and to require the production of any relevant books,
3    papers, accounts, and documents in the course of and
4    pursuant to any investigation being conducted, or any
5    action being taken, by the Secretary in respect of any
6    matter relating to the duties imposed upon, or the powers
7    vested in, the Secretary under the provisions of this Act
8    or any rule promulgated in accordance with this Act.
9        (5) To conduct hearings.
10        (6) To impose civil penalties graduated up to $1,000
11    against any person for each violation of any provision of
12    this Act, any rule promulgated in accordance with this Act,
13    or any order of the Secretary based upon the seriousness of
14    the violation.
15        (6.5) To initiate, through the Attorney General,
16    injunction proceedings whenever it appears to the
17    Secretary that any person, whether licensed under this Act
18    or not, is engaged or about to engage in an act or practice
19    that constitutes or will constitute a violation of this Act
20    or any rule prescribed under the authority of this Act. The
21    Secretary may, in his or her discretion, through the
22    Attorney General, apply for an injunction, and upon a
23    proper showing, any circuit court may enter a permanent or
24    preliminary injunction or a temporary restraining order
25    without bond to enforce this Act in addition to the
26    penalties and other remedies provided for in this Act.

 

 

09700HB2891sam005- 40 -LRB097 08743 HLH 73041 a

1        (7) To issue a cease and desist order and, for
2    violations of this Act, any order issued by the Secretary
3    pursuant to this Act, any rule promulgated in accordance
4    with this Act, or any other applicable law in connection
5    with the operation of a pawnshop, to suspend a license
6    issued under this Act for up to 30 days.
7        (8) To determine compliance with applicable law and
8    rules related to the operation of pawnshops and to verify
9    the accuracy of reports filed with the Secretary, the
10    Secretary, not more than one time every 2 years, may, but
11    is not required to, conduct a routine examination of a
12    pawnshop, and in addition, the Secretary may examine the
13    affairs of any pawnshop at any time if the Secretary has
14    reasonable cause to believe that unlawful or fraudulent
15    activity is occurring, or has occurred, therein.
16        (9) In response to a complaint, to address any
17    inquiries to any pawnshop in relation to its affairs, and
18    it shall be the duty of the pawnshop to promptly reply in
19    writing to such inquiries. The Secretary may also require
20    reports or information from any pawnshop at any time the
21    Secretary may deem desirable.
22        (10) To revoke a license issued under this Act if the
23    Secretary determines that (a) a licensee has been convicted
24    of a felony in connection with the operations of a
25    pawnshop; (b) a licensee knowingly, recklessly, or
26    continuously violated this Act or State or federal law or

 

 

09700HB2891sam005- 41 -LRB097 08743 HLH 73041 a

1    regulation, a rule promulgated in accordance with this Act,
2    or any order of the Secretary; (c) a fact or condition
3    exists that, if it had existed or had been known at the
4    time of the original application, would have justified
5    license refusal; (d) the licensee knowingly submits
6    materially false or misleading documents with the intent to
7    deceive the Secretary or any other party; or (e) the
8    licensee is unable or ceases to continue to operate the
9    pawnshop.
10        (10.2) To remove or prohibit the employment of any
11    officer, director, employee, or agent of the pawnshop who
12    engages in or has engaged in unlawful activities that
13    relate to the operation of a pawnshop.
14        (10.7) To prohibit the hiring of employees who have
15    been convicted of a financial crime or any crime involving
16    breach of trust who do not meet exceptions as established
17    by rule of the Secretary.
18        (11) Following license revocation, to take possession
19    and control of a pawnshop for the purpose of examination,
20    reorganization, or liquidation through receivership and to
21    appoint a receiver, which may be the Secretary, a pawnshop,
22    or another suitable person.
23    (b) After consultation with local law enforcement
24officers, the Attorney General, and the industry, the Secretary
25may by rule require that pawnbrokers operate video camera
26surveillance systems to record photographic representations of

 

 

09700HB2891sam005- 42 -LRB097 08743 HLH 73041 a

1customers and retain the tapes produced for up to 30 days.
2    (c) Pursuant to rule, the Secretary shall issue licenses on
3an annual or multi-year basis for operating a pawnshop. Any
4person currently operating or who has operated a pawnshop in
5this State during the 2 years preceding the effective date of
6this amendatory Act of 1997 shall be issued a license upon
7payment of the fee required under this Act. New applicants
8shall meet standards for a license as established by the
9Secretary. Except with the prior written consent of the
10Secretary, no individual, either a new applicant or a person
11currently operating a pawnshop, may be issued a license to
12operate a pawnshop if the individual has been convicted of a
13felony or of any criminal offense relating to dishonesty or
14breach of trust in connection with the operations of a
15pawnshop. The Secretary shall establish license fees. The fees
16shall not exceed the amount reasonably required for
17administration of this Act. It shall be unlawful to operate a
18pawnshop without a license issued by the Secretary.
19    (d) In addition to license fees, the Secretary may, by
20rule, establish fees in connection with a review, approval, or
21provision of a service, and levy a reasonable charge to recover
22the cost of the review, approval, or service (such as a change
23in control, change in location, or renewal of a license). The
24Secretary may also levy a reasonable charge to recover the cost
25of an examination if the Secretary determines that unlawful or
26fraudulent activity has occurred. The Secretary may require

 

 

09700HB2891sam005- 43 -LRB097 08743 HLH 73041 a

1payment of the fees and charges provided in this Act by
2certified check, money order, an electronic transfer of funds,
3or an automatic debit of an account.
4    (e) The Pawnbroker Regulation Fund is established as a
5special fund in the State treasury. Moneys collected under this
6Act shall be deposited into the Fund and used for the
7administration of this Act. In the event that General Revenue
8Funds are appropriated to the Department of Financial and
9Professional Regulation for the initial implementation of this
10Act, the Governor may direct the repayment from the Pawnbroker
11Regulation Fund to the General Revenue Fund of such advance in
12an amount not to exceed $30,000. The Governor may direct this
13interfund transfer at such time as he deems appropriate by
14giving appropriate written notice. Moneys in the Pawnbroker
15Regulation Fund may be transferred to the Professions Indirect
16Cost Fund, as authorized under Section 2105-300 of the
17Department of Professional Regulation Law of the Civil
18Administrative Code of Illinois.
19    (e-5) For Fiscal Year 2013 only and as soon as practicable
20after the effective date of this amendatory Act of the 97th
21General Assembly, the State Comptroller shall order and the
22State Treasurer shall transfer from the Pawnbroker Regulation
23Fund to the Illinois State Medical Disciplinary Fund a specific
24amount that shall be determined by the Secretary of the
25Department of Financial and Professional Regulation. Added
26together with the other transfers authorized under this

 

 

09700HB2891sam005- 44 -LRB097 08743 HLH 73041 a

1amendatory Act of the 97th General Assembly, the total amount
2of transfers made from the Pawnbroker Regulation Fund and
3following funds shall not exceed $9,600,000:
4        Professional Regulation Evidence Fund.
5        Financial Institution Fund.
6        General Professions Dedicated Fund.
7        Savings and Residential Finance Regulatory Fund.
8        Credit Union Fund.
9        Bank and Trust Company Fund.
10        Nursing Dedicated and Professional Fund.
11        Optometric Licensing and Disciplinary Board Fund.
12        Illinois State Podiatric Disciplinary Fund.
13        Illinois State Pharmacy Disciplinary Fund.
14        Home Inspector Administration Fund.
15        Registered Certified Public Accountants'
16    Administration and Disciplinary Fund.
17        Appraisal Administration Fund.
18    (f) The Secretary may, by rule, require all pawnshops to
19provide for the expenses that would arise from the
20administration of the receivership of a pawnshop under this Act
21through the assessment of fees, the requirement to pledge
22surety bonds, or such other methods as determined by the
23Secretary.
24    (g) All final administrative decisions of the Secretary
25under this Act shall be subject to judicial review pursuant to
26the provisions of the Administrative Review Law. For matters

 

 

09700HB2891sam005- 45 -LRB097 08743 HLH 73041 a

1involving administrative review, venue shall be in either
2Sangamon County or Cook County.
3(Source: P.A. 96-1038, eff. 7-14-10; 96-1365, eff. 7-28-10;
497-333, eff. 8-12-11.)
 
5    Section 5-35. The Check Printer and Check Number Act is
6amended by changing Section 21 as follows:
 
7    (205 ILCS 690/21)
8    Sec. 21. Fees. All moneys received by the Commissioner
9under this Act shall be paid into, and all expenses incurred by
10the Commissioner under this Act shall be paid from, the Bank
11and Trust Company Fund. The Commissioner may prescribe and
12assess reasonable fees to be paid by registrants to recover the
13costs of administering this Act.
14    For Fiscal Year 2013 only and as soon as practicable after
15the effective date of this amendatory Act of the 97th General
16Assembly, the State Comptroller shall order and the State
17Treasurer shall transfer from the Bank and Trust Company Fund
18to the Illinois State Medical Disciplinary Fund a specific
19amount that shall be determined by the Secretary of the
20Department of Financial and Professional Regulation. Added
21together with the other transfers authorized under this
22amendatory Act of the 97th General Assembly, the total amount
23of transfers made from the Bank and Trust Company Fund and
24following funds shall not exceed $9,600,000:

 

 

09700HB2891sam005- 46 -LRB097 08743 HLH 73041 a

1        Professional Regulation Evidence Fund.
2        Financial Institution Fund.
3        General Professions Dedicated Fund.
4        Savings and Residential Finance Regulatory Fund.
5        Credit Union Fund.
6        Pawnbroker Regulation Fund.
7        Nursing Dedicated and Professional Fund.
8        Optometric Licensing and Disciplinary Board Fund.
9        Illinois State Podiatric Disciplinary Fund.
10        Illinois State Pharmacy Disciplinary Fund.
11        Home Inspector Administration Fund.
12        Registered Certified Public Accountants'
13    Administration and Disciplinary Fund.
14        Appraisal Administration Fund.
15(Source: P.A. 90-184, eff. 7-23-97.)
 
16    Section 5-40. The Nurse Practice Act is amended by changing
17Section 70-50 as follows:
 
18    (225 ILCS 65/70-50)   (was 225 ILCS 65/20-40)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 70-50. Fund.
21    (a) There is hereby created within the State Treasury the
22Nursing Dedicated and Professional Fund. The monies in the Fund
23may be used by and at the direction of the Department for the
24administration and enforcement of this Act, including but not

 

 

09700HB2891sam005- 47 -LRB097 08743 HLH 73041 a

1limited to:
2        (1) Distribution and publication of this Act and rules.
3        (2) Employment of secretarial, nursing,
4    administrative, enforcement, and other staff for the
5    administration of this Act.
6    (b) Disposition of fees:
7        (1) $5 of every licensure fee shall be placed in a fund
8    for assistance to nurses enrolled in a diversionary program
9    as approved by the Department.
10        (2) All of the fees, fines, and penalties collected
11    pursuant to this Act shall be deposited in the Nursing
12    Dedicated and Professional Fund.
13        (3) Each fiscal year, the moneys deposited in the
14    Nursing Dedicated and Professional Fund shall be
15    appropriated to the Department for expenses of the
16    Department and the Board in the administration of this Act.
17    All earnings received from investment of moneys in the
18    Nursing Dedicated and Professional Fund shall be deposited
19    in the Nursing Dedicated and Professional Fund and shall be
20    used for the same purposes as fees deposited in the Fund.
21        (4) For the fiscal year beginning July 1, 2009 and for
22    each fiscal year thereafter, $2,000,000 of the moneys
23    deposited in the Nursing Dedicated and Professional Fund
24    each year shall be set aside and appropriated to the
25    Department of Public Health for nursing scholarships
26    awarded pursuant to the Nursing Education Scholarship Law.

 

 

09700HB2891sam005- 48 -LRB097 08743 HLH 73041 a

1    Representatives of the Department and the Nursing
2    Education Scholarship Program Advisory Council shall
3    review this requirement and the scholarship awards every 2
4    years.
5        (5) Moneys in the Fund may be transferred to the
6    Professions Indirect Cost Fund as authorized under Section
7    2105-300 of the Department of Professional Regulation Law
8    (20 ILCS 2105/2105-300).
9    (c) Moneys set aside for nursing scholarships awarded
10pursuant to the Nursing Education Scholarship Law as provided
11in item (4) of subsection (b) of this Section may not be
12transferred under Section 8h of the State Finance Act.
13    (d) For Fiscal Year 2013 only and as soon as practicable
14after the effective date of this amendatory Act of the 97th
15General Assembly, the State Comptroller shall order and the
16State Treasurer shall transfer from the Fund to the Illinois
17State Medical Disciplinary Fund a specific amount that shall be
18determined by the Secretary of the Department of Financial and
19Professional Regulation. Added together with the other
20transfers authorized under this amendatory Act of the 97th
21General Assembly, the total amount of transfers made from the
22Fund and following funds shall not exceed $9,600,000:
23        Professional Regulation Evidence Fund.
24        Financial Institution Fund.
25        General Professions Dedicated Fund.
26        Savings and Residential Finance Regulatory Fund.

 

 

09700HB2891sam005- 49 -LRB097 08743 HLH 73041 a

1        Credit Union Fund.
2        Pawnbroker Regulation Fund.
3        Bank and Trust Company Fund.
4        Optometric Licensing and Disciplinary Board Fund.
5        Illinois State Podiatric Disciplinary Fund.
6        Illinois State Pharmacy Disciplinary Fund.
7        Home Inspector Administration Fund.
8        Registered Certified Public Accountants'
9    Administration and Disciplinary Fund.
10        Appraisal Administration Fund.
11(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
1296-328, eff. 8-11-09; 96-805, eff. 10-30-09.)
 
13    Section 5-45. The Illinois Optometric Practice Act of 1987
14is amended by changing Section 20 as follows:
 
15    (225 ILCS 80/20)  (from Ch. 111, par. 3920)
16    (Section scheduled to be repealed on January 1, 2017)
17    Sec. 20. Fund. All moneys received by the Department
18pursuant to this Act shall be deposited in the Optometric
19Licensing and Disciplinary Board Fund, which is hereby created
20as a special fund in the State Treasury, and shall be used for
21the administration of this Act, including: (a) by the Board in
22the exercise of its powers and performance of its duties, as
23such use is made by the Department with full consideration of
24all recommendations of the Board; (b) for costs directly

 

 

09700HB2891sam005- 50 -LRB097 08743 HLH 73041 a

1related to license renewal of persons licensed under this Act;
2and (c) for direct and allocable indirect costs related to the
3public purposes of the Department of Financial and Professional
4Regulation. Subject to appropriation, moneys in the Optometric
5Licensing and Disciplinary Board Fund may be used for the
6Optometric Education Scholarship Program administered by the
7Illinois Student Assistance Commission pursuant to Section
865.70 of the Higher Education Student Assistance Act.
9    Moneys in the Fund may be transferred to the Professions
10Indirect Cost Fund as authorized under Section 2105-300 of the
11Department of Professional Regulation Law (20 ILCS
122105/2105-300).
13    Money in the Optometric Licensing and Disciplinary Board
14Fund may be invested and reinvested, with all earnings received
15from such investment to be deposited in the Optometric
16Licensing and Disciplinary Board Fund and used for the same
17purposes as fees deposited in such fund.
18    For Fiscal Year 2013 only and as soon as practicable after
19the effective date of this amendatory Act of the 97th General
20Assembly, the State Comptroller shall order and the State
21Treasurer shall transfer from the Optometric Licensing and
22Disciplinary Board Fund to the Illinois State Medical
23Disciplinary Fund a specific amount that shall be determined by
24the Secretary of the Department of Financial and Professional
25Regulation. Added together with the other transfers authorized
26under this amendatory Act of the 97th General Assembly, the

 

 

09700HB2891sam005- 51 -LRB097 08743 HLH 73041 a

1total amount of transfers made from the Optometric Licensing
2and Disciplinary Board Fund and following funds shall not
3exceed $9,600,000:
4        Professional Regulation Evidence Fund.
5        Financial Institution Fund.
6        General Professions Dedicated Fund.
7        Savings and Residential Finance Regulatory Fund.
8        Credit Union Fund.
9        Pawnbroker Regulation Fund.
10        Bank and Trust Company Fund.
11        Nursing Dedicated and Professional Fund.
12        Illinois State Podiatric Disciplinary Fund.
13        Illinois State Pharmacy Disciplinary Fund.
14        Home Inspector Administration Fund.
15        Registered Certified Public Accountants'
16    Administration and Disciplinary Fund.
17        Appraisal Administration Fund.
18(Source: P.A. 94-787, eff. 5-19-06.)
 
19    Section 5-50. The Podiatric Medical Practice Act of 1987 is
20amended by changing Section 19 as follows:
 
21    (225 ILCS 100/19)  (from Ch. 111, par. 4819)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 19. Disciplinary Fund. All fees and fines received by
24the Department under this Act shall be deposited in the

 

 

09700HB2891sam005- 52 -LRB097 08743 HLH 73041 a

1Illinois State Podiatric Disciplinary Fund, a special fund
2created hereunder in the State Treasury. Of the moneys
3deposited into the Illinois State Podiatric Disciplinary Fund,
4during each 2-year renewal period, $200,000 of the money
5received from the payment of renewal fees shall be used for
6podiatric scholarships and residency programs under the
7Podiatric Scholarship and Residency Act and the remainder shall
8be appropriated to the Department for expenses of the
9Department and of the Podiatric Medical Licensing Board and for
10podiatric scholarships and residency programs under the
11Podiatric Scholarship and Residency Act.
12    Moneys in the Illinois State Podiatric Disciplinary Fund
13may be invested and reinvested in investments authorized for
14the investment of funds of the State Employees' Retirement
15System of Illinois.
16    All earnings received from such investments shall be
17deposited in the Illinois State Podiatric Disciplinary Fund and
18may be used for the same purposes as fees deposited in such
19fund.
20    Moneys in the Fund may be transferred to the Professions
21Indirect Cost Fund as authorized under Section 2105-300 of the
22Department of Professional Regulation Law (20 ILCS
232105/2105-300).
24    Moneys set aside for podiatric scholarships and residency
25programs under the Podiatric Scholarship and Residency Act, as
26provided for in this Section, may not be transferred under

 

 

09700HB2891sam005- 53 -LRB097 08743 HLH 73041 a

1Section 8h of the State Finance Act.
2    Upon the completion of any audit of the Department as
3prescribed by the Illinois State Auditing Act which includes an
4audit of the Illinois State Podiatric Disciplinary Fund, the
5Department shall make the audit open to inspection by any
6interested person.
7    For Fiscal Year 2013 only and as soon as practicable after
8the effective date of this amendatory Act of the 97th General
9Assembly, the State Comptroller shall order and the State
10Treasurer shall transfer from the Illinois State Podiatric
11Disciplinary Fund to the Illinois State Medical Disciplinary
12Fund a specific amount that shall be determined by the
13Secretary of the Department of Financial and Professional
14Regulation. Added together with the other transfers authorized
15under this amendatory Act of the 97th General Assembly, the
16total amount of transfers made from the Illinois State
17Podiatric Disciplinary Fund and following funds shall not
18exceed $9,600,000:
19        Professional Regulation Evidence Fund.
20        Financial Institution Fund.
21        General Professions Dedicated Fund.
22        Savings and Residential Finance Regulatory Fund.
23        Credit Union Fund.
24        Pawnbroker Regulation Fund.
25        Bank and Trust Company Fund.
26        Nursing Dedicated and Professional Fund.

 

 

09700HB2891sam005- 54 -LRB097 08743 HLH 73041 a

1        Optometric Licensing and Disciplinary Board Fund.
2        Illinois State Pharmacy Disciplinary Fund.
3        Home Inspector Administration Fund.
4        Registered Certified Public Accountants'
5    Administration and Disciplinary Fund.
6        Appraisal Administration Fund.
7(Source: P.A. 94-726, eff. 1-20-06.)
 
8    Section 5-55. The Wholesale Drug Distribution Licensing
9Act is amended by changing Section 35 as follows:
 
10    (225 ILCS 120/35)  (from Ch. 111, par. 8301-35)
11    (Section scheduled to be repealed on January 1, 2023)
12    Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund.
13    (a) The Department shall provide by rule for a schedule of
14fees for the administration and enforcement of this Act,
15including but not limited to original licensure, renewal, and
16restoration. The fees shall be nonrefundable.
17    (b) All fees collected under this Act shall be deposited
18into the Illinois State Pharmacy Disciplinary Fund and shall be
19appropriated to the Department for the ordinary and contingent
20expenses of the Department in the administration of this Act.
21Moneys in the Fund may be transferred to the Professions
22Indirect Cost Fund as authorized by Section 2105-300 of the
23Department of Professional Regulation Law (20 ILCS
242105/2105-300).

 

 

09700HB2891sam005- 55 -LRB097 08743 HLH 73041 a

1    The moneys deposited into the Illinois State Pharmacy
2Disciplinary Fund shall be invested to earn interest which
3shall accrue to the Fund.
4    The Department shall present to the Board for its review
5and comment all appropriation requests from the Illinois State
6Pharmacy Disciplinary Fund. The Department shall give due
7consideration to any comments of the Board in making
8appropriation requests.
9    (b-5) For Fiscal Year 2013 only and as soon as practicable
10after the effective date of this amendatory Act of the 97th
11General Assembly, the State Comptroller shall order and the
12State Treasurer shall transfer from the Illinois State Pharmacy
13Disciplinary Fund to the Illinois State Medical Disciplinary
14Fund a specific amount that shall be determined by the
15Secretary of the Department of Financial and Professional
16Regulation. Added together with the other transfers authorized
17under this amendatory Act of the 97th General Assembly, the
18total amount of transfers made from the Illinois State Pharmacy
19Disciplinary Fund and following funds shall not exceed
20$9,600,000:
21        Professional Regulation Evidence Fund.
22        Financial Institution Fund.
23        General Professions Dedicated Fund.
24        Savings and Residential Finance Regulatory Fund.
25        Credit Union Fund.
26        Pawnbroker Regulation Fund.

 

 

09700HB2891sam005- 56 -LRB097 08743 HLH 73041 a

1        Bank and Trust Company Fund.
2        Nursing Dedicated and Professional Fund.
3        Optometric Licensing and Disciplinary Board Fund.
4        Illinois State Podiatric Disciplinary Fund.
5        Home Inspector Administration Fund.
6        Registered Certified Public Accountants'
7    Administration and Disciplinary Fund.
8        Appraisal Administration Fund.
9    (c) Any person who delivers a check or other payment to the
10Department that is returned to the Department unpaid by the
11financial institution upon which it is drawn shall pay to the
12Department, in addition to the amount already owed to the
13Department, a fine of $50. The fines imposed by this Section
14are in addition to any other discipline provided under this Act
15for unlicensed practice or practice on a nonrenewed license.
16The Department shall notify the person that payment of fees and
17fines shall be paid to the Department by certified check or
18money order within 30 calendar days of the notification. If,
19after the expiration of 30 days from the date of the
20notification, the person has failed to submit the necessary
21remittance, the Department shall automatically terminate the
22license or certificate or deny the application, without
23hearing. If, after termination or denial, the person seeks a
24license or certificate, he or she shall apply to the Department
25for restoration or issuance of the license or certificate and
26pay all fees and fines due to the Department. The Department

 

 

09700HB2891sam005- 57 -LRB097 08743 HLH 73041 a

1may establish a fee for the processing of an application for
2restoration of a license or certificate to pay all expenses of
3processing this application. The Director may waive the fines
4due under this Section in individual cases where the Director
5finds that the fines would be unreasonable or unnecessarily
6burdensome.
7    (d) The Department shall maintain a roster of the names and
8addresses of all registrants and of all persons whose licenses
9have been suspended or revoked. This roster shall be available
10upon written request and payment of the required fee.
11    (e) A manufacturer of controlled substances or wholesale
12distributor of controlled substances that is licensed under
13this Act and owned and operated by the State is exempt from
14licensure, registration, renewal, and other fees required
15under this Act. Nothing in this subsection (e) shall be
16construed to prohibit the Department from imposing any fine or
17other penalty allowed under this Act.
18(Source: P.A. 95-689, eff. 10-29-07.)
 
19    Section 5-60. The Home Inspector License Act is amended by
20changing Section 25-5 as follows:
 
21    (225 ILCS 441/25-5)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 25-5. Home Inspector Administration Fund; surcharge.
24    (a) The Home Inspector Administration Fund is created as a

 

 

09700HB2891sam005- 58 -LRB097 08743 HLH 73041 a

1special fund in the State Treasury. All fees, fines, and
2penalties received by the Department under this Act shall be
3deposited into the Home Inspector Administration Fund. All
4earnings attributable to investment of funds in the Home
5Inspector Administration Fund shall be credited to the Home
6Inspector Administration Fund. Subject to appropriation, the
7moneys in the Home Inspector Administration Fund shall be
8appropriated to the Department for the expenses incurred by the
9Department in the administration of this Act.
10    (b) (Blank).
11    (c) (Blank).
12    (c-5) Moneys in the Home Inspection Administration Fund may
13be transferred to the Professions Indirect Cost Fund, as
14authorized under Section 2105-300 of the Department of
15Professional Regulation Law of the Civil Administrative Code of
16Illinois.
17    (c-10) For Fiscal Year 2013 only and as soon as practicable
18after the effective date of this amendatory Act of the 97th
19General Assembly, the State Comptroller shall order and the
20State Treasurer shall transfer from the Home Inspector
21Administration Fund to the Illinois State Medical Disciplinary
22Fund a specific amount that shall be determined by the
23Secretary of the Department of Financial and Professional
24Regulation. Added together with the other transfers authorized
25under this amendatory Act of the 97th General Assembly, the
26total amount of transfers made from the Home Inspector

 

 

09700HB2891sam005- 59 -LRB097 08743 HLH 73041 a

1Administration Fund and following funds shall not exceed
2$9,600,000:
3        Professional Regulation Evidence Fund.
4        Financial Institution Fund.
5        General Professions Dedicated Fund.
6        Savings and Residential Finance Regulatory Fund.
7        Credit Union Fund.
8        Pawnbroker Regulation Fund.
9        Bank and Trust Company Fund.
10        Nursing Dedicated and Professional Fund.
11        Optometric Licensing and Disciplinary Board Fund.
12        Illinois State Podiatric Disciplinary Fund.
13        Illinois State Pharmacy Disciplinary Fund.
14        Registered Certified Public Accountants'
15    Administration and Disciplinary Fund.
16        Appraisal Administration Fund.
17    (d) Upon the completion of any audit of the Department, as
18prescribed by the Illinois State Auditing Act, that includes an
19audit of the Home Inspector Administration Fund, the Department
20shall make the audit report open to inspection by any
21interested person.
22(Source: P.A. 97-226, eff. 7-28-11.)
 
23    Section 5-65. The Illinois Public Accounting Act is amended
24by changing Section 32 as follows:
 

 

 

09700HB2891sam005- 60 -LRB097 08743 HLH 73041 a

1    (225 ILCS 450/32)  (from Ch. 111, par. 5537)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 32. All moneys received by the Department of
4Professional Regulation under this Act shall be deposited into
5the Registered Certified Public Accountants' Administration
6and Disciplinary Fund, which is hereby created as a special
7fund in the State Treasury. The funds in the account shall be
8used by the Department, as appropriated, exclusively for
9expenses of the Department of Professional Regulation, or the
10Public Accountants' Registration Committee, in the
11administration of this Act.
12    Moneys in the Registered Certified Public Accountants'
13Administration and Disciplinary Fund may be invested and
14reinvested, with all earnings received from the investments to
15be deposited into the Registered Certified Public Accountants'
16Administration and Disciplinary Fund.
17    Moneys from the Fund may also be used for direct and
18allocable indirect costs related to the public purposes of the
19Department of Professional Regulation. Moneys in the Fund may
20be transferred to the Professions Indirect Cost Fund as
21authorized by Section 2105-300 of the Department of
22Professional Regulation Law (20 ILCS 2105/2105-300).
23    For Fiscal Year 2013 only and as soon as practicable after
24the effective date of this amendatory Act of the 97th General
25Assembly, the State Comptroller shall order and the State
26Treasurer shall transfer from the Fund to the Illinois State

 

 

09700HB2891sam005- 61 -LRB097 08743 HLH 73041 a

1Medical Disciplinary Fund a specific amount that shall be
2determined by the Secretary of the Department of Financial and
3Professional Regulation. Added together with the other
4transfers authorized under this amendatory Act of the 97th
5General Assembly, the total amount of transfers made from the
6Fund and following funds shall not exceed $9,600,000:
7        Professional Regulation Evidence Fund.
8        Financial Institution Fund.
9        General Professions Dedicated Fund.
10        Savings and Residential Finance Regulatory Fund.
11        Credit Union Fund.
12        Pawnbroker Regulation Fund.
13        Bank and Trust Company Fund.
14        Nursing Dedicated and Professional Fund.
15        Optometric Licensing and Disciplinary Board Fund.
16        Illinois State Podiatric Disciplinary Fund.
17        Illinois State Pharmacy Disciplinary Fund.
18        Home Inspector Administration Fund.
19        Appraisal Administration Fund.
20(Source: P.A. 92-457, eff. 8-21-01; 93-683, eff. 7-2-04.)
 
21    Section 5-70. The Real Estate Appraiser Licensing Act of
222002 is amended by changing Section 25-5 as follows:
 
23    (225 ILCS 458/25-5)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

09700HB2891sam005- 62 -LRB097 08743 HLH 73041 a

1    Sec. 25-5. Appraisal Administration Fund; surcharge. The
2Appraisal Administration Fund is created as a special fund in
3the State Treasury. All fees, fines, and penalties received by
4the Department under this Act shall be deposited into the
5Appraisal Administration Fund. All earnings attributable to
6investment of funds in the Appraisal Administration Fund shall
7be credited to the Appraisal Administration Fund. Subject to
8appropriation, the moneys in the Appraisal Administration Fund
9shall be paid to the Department for the expenses incurred by
10the Department and the Board in the administration of this Act.
11Moneys in the Appraisal Administration Fund may be transferred
12to the Professions Indirect Cost Fund as authorized under
13Section 2105-300 of the Department of Professional Regulation
14Law of the Civil Administrative Code of Illinois.
15    Upon the completion of any audit of the Department, as
16prescribed by the Illinois State Auditing Act, which shall
17include an audit of the Appraisal Administration Fund, the
18Department shall make the audit report open to inspection by
19any interested person.
20    For Fiscal Year 2013 only and as soon as practicable after
21the effective date of this amendatory Act of the 97th General
22Assembly, the State Comptroller shall order and the State
23Treasurer shall transfer from the Appraisal Administration
24Fund to the Illinois State Medical Disciplinary Fund a specific
25amount that shall be determined by the Secretary of the
26Department of Financial and Professional Regulation. Added

 

 

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1together with the other transfers authorized under this
2amendatory Act of the 97th General Assembly, the total amount
3of transfers made from the Appraisal Administration Fund and
4following funds shall not exceed $9,600,000:
5        Professional Regulation Evidence Fund.
6        Financial Institution Fund.
7        General Professions Dedicated Fund.
8        Savings and Residential Finance Regulatory Fund.
9        Credit Union Fund.
10        Pawnbroker Regulation Fund.
11        Bank and Trust Company Fund.
12        Nursing Dedicated and Professional Fund.
13        Optometric Licensing and Disciplinary Board Fund.
14        Illinois State Podiatric Disciplinary Fund.
15        Illinois State Pharmacy Disciplinary Fund.
16        Home Inspector Administration Fund.
17        Registered Certified Public Accountants'
18    Administration and Disciplinary Fund.
19(Source: P.A. 96-844, eff. 12-23-09.)
 
20
ARTICLE 10. BOARDS AND COMMISSIONS

 
21    Section 10-5. The Department of Commerce and Economic
22Opportunity Law of the Civil Administrative Code of Illinois is
23amended by changing Section 605-345 as follows:
 

 

 

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1    (20 ILCS 605/605-345)  (was 20 ILCS 605/46.67)
2    Sec. 605-345. Pollution control industry incentives.
3Subject to appropriation, the The Department shall examine
4policies and incentives that will attract industries involved
5in the design, development, and construction of pollution
6control devices and shall implement those policies and
7incentives that the Department determines will attract those
8businesses.
9(Source: P.A. 91-239, eff. 1-1-00.)
 
10    (20 ILCS 605/605-75 rep.)
11    Section 10-10. The Department of Commerce and Economic
12Opportunity Law of the Civil Administrative Code of Illinois is
13amended by repealing Section 605-75.
 
14    Section 10-15. The Energy Conservation and Coal
15Development Act is amended by changing Section 3 as follows:
 
16    (20 ILCS 1105/3)  (from Ch. 96 1/2, par. 7403)
17    Sec. 3. Powers and Duties.
18    (a) In addition to its other powers, the Department has the
19following powers:
20        (1) To administer for the State any energy programs and
21    activities under federal law, regulations or guidelines,
22    and to coordinate such programs and activities with other
23    State agencies, units of local government, and educational

 

 

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1    institutions.
2        (2) To represent the State in energy matters involving
3    the federal government, other states, units of local
4    government, and regional agencies.
5        (3) To prepare energy contingency plans for
6    consideration by the Governor and the General Assembly.
7    Such plans shall include procedures for determining when a
8    foreseeable danger exists of energy shortages, including
9    shortages of petroleum, coal, nuclear power, natural gas,
10    and other forms of energy, and shall specify the actions to
11    be taken to minimize hardship and maintain the general
12    welfare during such energy shortages.
13        (4) To cooperate with State colleges and universities
14    and their governing boards in energy programs and
15    activities.
16        (5) (Blank).
17        (6) To accept, receive, expend, and administer,
18    including by contracts and grants to other State agencies,
19    any energy-related gifts, grants, cooperative agreement
20    funds, and other funds made available to the Department by
21    the federal government and other public and private
22    sources.
23        (7) To investigate practical problems, seek and
24    utilize financial assistance, implement studies and
25    conduct research relating to the production, distribution
26    and use of alcohol fuels.

 

 

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1        (8) To serve as a clearinghouse for information on
2    alcohol production technology; provide assistance,
3    information and data relating to the production and use of
4    alcohol; develop informational packets and brochures, and
5    hold public seminars to encourage the development and
6    utilization of the best available technology.
7        (9) To coordinate with other State agencies in order to
8    promote the maximum flow of information and to avoid
9    unnecessary overlapping of alcohol fuel programs. In order
10    to effectuate this goal, the Director of the Department or
11    his representative shall consult with the Directors, or
12    their representatives, of the Departments of Agriculture,
13    Central Management Services, Transportation, and Revenue,
14    the Office of the State Fire Marshal, and the Environmental
15    Protection Agency.
16        (10) To operate, within the Department, an Office of
17    Coal Development and Marketing for the promotion and
18    marketing of Illinois coal both domestically and
19    internationally. The Department may use monies
20    appropriated for this purpose for necessary administrative
21    expenses.
22        The Office of Coal Development and Marketing shall
23    develop and implement an initiative to assist the coal
24    industry in Illinois to increase its share of the
25    international coal market.
26        (11) To assist the Department of Central Management

 

 

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1    Services in establishing and maintaining a system to
2    analyze and report energy consumption of facilities leased
3    by the Department of Central Management Services.
4        (12) To consult with the Departments of Natural
5    Resources and Transportation and the Illinois
6    Environmental Protection Agency for the purpose of
7    developing methods and standards that encourage the
8    utilization of coal combustion by-products as value added
9    products in productive and benign applications.
10        (13) To provide technical assistance and information
11    to sellers and distributors of storage hot water heaters
12    doing business in Illinois, pursuant to Section 1 of the
13    Hot Water Heater Efficiency Act.
14    (b) (Blank).
15    (c) (Blank).
16    (d) The Department shall develop a package of educational
17materials regarding the necessity of waste reduction and
18recycling to reduce dependence on landfills and to maintain
19environmental quality. The materials developed shall be
20suitable for instructional use in grades 3, 4 and 5. The
21Department shall distribute such instructional material to all
22public elementary and unit school districts no later than
23November 1, of each year.
24    (e) (Blank). The Department shall study the feasibility of
25requiring that wood and sawdust from construction waste,
26demolition projects, sawmills, or other projects or industries

 

 

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1where wood is used in a large amount be shredded and composted,
2and that such wood be prohibited from being disposed of in a
3landfill. The Department shall report the results of this study
4to the General Assembly by January 1, 1991.
5    (f) (Blank).
6    (g) The Department shall develop a program designated to
7encourage the recycling of outdated telephone directories and
8to encourage the printing of new directories on recycled paper.
9The Department shall work in conjunction with printers and
10distributors of telephone directories distributed in the State
11to provide them with any technical assistance available in
12their efforts to procure appropriate recycled paper. The
13Department shall also encourage directory distributors to pick
14up outdated directories as they distribute new ones, and shall
15assist any distributor who is willing to do so in finding a
16recycler willing to purchase the old directories and in
17publicizing and promoting with citizens of the area the
18distributor's collection efforts and schedules.
19    (h) (Blank). The Department shall assist, cooperate with
20and provide necessary staff and resources for the Interagency
21Energy Conservation Committee, which shall be chaired by the
22Director of the Department.
23    (i) (Blank).
24(Source: P.A. 92-736, eff. 7-25-02.)
 
25    Section 10-17. The Department of Public Health Powers and

 

 

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1Duties Law of the Civil Administrative Code of Illinois is
2amended by changing Section 2310-367 as follows:
 
3    (20 ILCS 2310/2310-367)
4    Sec. 2310-367. Health Data Task Force; purpose;
5implementation plan.
6    (a) In accordance with the recommendations of the 2007
7State Health Improvement Plan, it is the policy of the State
8that, to the extent possible and consistent with privacy and
9other laws, State public health data and health-related
10administrative data are to be used to understand and report on
11the scope of health problems, plan prevention programs, and
12evaluate program effectiveness at the State and community
13level. It is a priority to use data to address racial, ethnic,
14and other health disparities. This system is intended to
15support State and community level public health planning, and
16is not intended to supplant or replace data-use agreements
17between State agencies and academic researchers for more
18specific research needs.
19    (b) (Blank). Within 30 days after August 24, 2007 (the
20effective date of Public Act 95-418), a Health Data Task Force
21shall be convened to create a system for public access to
22integrated health data. The Task Force shall consist of the
23following: the Director of Public Health or his or her
24designee; the Director of Healthcare and Family Services or his
25or her designee; the Secretary of Human Services or his or her

 

 

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1designee; the Director of the Department on Aging or his or her
2designee; the Director of Children and Family Services or his
3or her designee; the State Superintendent of Education or his
4or her designee; and other State officials as deemed
5appropriate by the Governor.
6    The Task Force shall be advised by a public advisory group
7consisting of community health data users, minority health
8advocates, local public health departments, and private data
9suppliers such as hospitals and other health care providers.
10Each member of the Task Force shall appoint 3 members of the
11public advisory group. The public advisory group shall assist
12the Task Force in setting goals, articulating user needs, and
13setting priorities for action.
14    The Department of Public Health is primarily responsible
15for providing staff and administrative support to the Task
16Force. The other State agencies represented on the Task Force
17shall work cooperatively with the Department of Public Health
18to provide administrative support to the Task Force. The
19Department of Public Health shall have ongoing responsibility
20for monitoring the implementation of the plan and shall have
21ongoing responsibility to identify new or emerging data or
22technology needs.
23    The State agencies represented on the Task Force shall
24review their health data, data collection, and dissemination
25policies for opportunities to coordinate and integrate data and
26make data available within and outside State government in

 

 

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1support of this State policy. To the extent possible, existing
2data infrastructure shall be used to create this system of
3public access to data. The Illinois Department of Health Care
4and Family Services data warehouse and the Illinois Department
5of Public Health IPLAN Data System may be the foundation of
6this system.
7    (c) (Blank). The Task Force shall produce a plan with a
8phased and prioritized implementation timetable focusing on
9assuring access to improving the quality of data necessary to
10understand health disparities. The Task Force shall submit an
11initial report to the General Assembly no later than July 1,
122008, and shall make annual reports to the General Assembly on
13or before July 1 of each year through 2011 of the progress
14toward implementing the plan.
15(Source: P.A. 97-813, eff. 7-13-12.)
 
16    (20 ILCS 2310/2310-372 rep.)
17    Section 10-20. The Department of Public Health Powers and
18Duties Law of the Civil Administrative Code of Illinois is
19amended by repealing Section 2310-372.
 
20    Section 10-25. The State Finance Act is amended by changing
21Sections 5h and 6z-17 as follows:
 
22    (30 ILCS 105/5h)
23    Sec. 5h. Cash flow borrowing and general funds liquidity.

 

 

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1    (a) In order to meet cash flow deficits and to maintain
2liquidity in the General Revenue Fund, the Healthcare Provider
3Relief Fund, and the Common School Fund, on and after July 1,
42010 and through June 30, 2011, the State Treasurer and the
5State Comptroller shall make transfers to the General Revenue
6Fund, the Healthcare Provider Relief Fund, or the Common School
7Fund, as directed by the Governor, out of special funds of the
8State, to the extent allowed by federal law. No transfer may be
9made from a fund under this Section that would have the effect
10of reducing the available balance in the fund to an amount less
11than the amount remaining unexpended and unreserved from the
12total appropriation from that fund estimated to be expended for
13that fiscal year. No such transfer may reduce the cumulative
14balance of all of the special funds of the State to an amount
15less than the total debt service payable during the 12 months
16immediately following the date of the transfer on any bonded
17indebtedness of the State and any certificates issued under the
18Short Term Borrowing Act. Notwithstanding any other provision
19of this Section, no such transfer may be made from any special
20fund that is exclusively collected by or appropriated to any
21other constitutional officer without the written approval of
22that constitutional officer.
23    (b) If moneys have been transferred to the General Revenue
24Fund, the Healthcare Provider Relief Fund, or the Common School
25Fund pursuant to subsection (a) of this Section, this
26amendatory Act of the 96th General Assembly shall constitute

 

 

09700HB2891sam005- 73 -LRB097 08743 HLH 73041 a

1the irrevocable and continuing authority for and direction to
2the State Treasurer and State Comptroller to reimburse the
3funds of origin from the General Revenue Fund, the Healthcare
4Provider Relief Fund, or the Common School Fund, as
5appropriate, by transferring to the funds of origin, at such
6times and in such amounts as directed by the Governor when
7necessary to support appropriated expenditures from the funds,
8an amount equal to that transferred from them plus any interest
9that would have accrued thereon had the transfer not occurred,
10except that any moneys transferred pursuant to subsection (a)
11of this Section shall be repaid to the fund of origin within 18
12months after the date on which they were borrowed.
13    (c) On the first day of each quarterly period in each
14fiscal year, until such time as a report indicates that all
15moneys borrowed and interest pursuant to this Section have been
16repaid, the Governor's Office of Management and Budget shall
17provide to the President and the Minority Leader of the Senate,
18the Speaker and the Minority Leader of the House of
19Representatives, and the Commission on Government Forecasting
20and Accountability a report on all transfers made pursuant to
21this Section in the prior quarterly period. The report must be
22provided in both written and electronic format. The report must
23include all of the following:
24        (1) The date each transfer was made.
25        (2) The amount of each transfer.
26        (3) In the case of a transfer from the General Revenue

 

 

09700HB2891sam005- 74 -LRB097 08743 HLH 73041 a

1    Fund, the Healthcare Provider Relief Fund, or the Common
2    School Fund to a fund of origin pursuant to subsection (b)
3    of this Section, the amount of interest being paid to the
4    fund of origin.
5        (4) The end of day balance of both the fund of origin
6    and the General Revenue Fund, the Healthcare Provider
7    Relief Fund, or the Common School Fund, whichever the case
8    may be, on the date the transfer was made.
9(Source: P.A. 96-958, eff. 7-1-10; 96-1500, eff. 1-18-11;
1097-72, eff. 7-1-11 (see also P.A. 97-613 regarding effective
11date of P.A. 97-72).)
 
12    (30 ILCS 105/6z-17)  (from Ch. 127, par. 142z-17)
13    Sec. 6z-17. Of the money paid into the State and Local
14Sales Tax Reform Fund: (i) subject to appropriation to the
15Department of Revenue, Municipalities having 1,000,000 or more
16inhabitants shall receive 20% and may expend such amount to
17fund and establish a program for developing and coordinating
18public and private resources targeted to meet the affordable
19housing needs of low-income and very low-income households
20within such municipality, (ii) 10% shall be transferred into
21the Regional Transportation Authority Occupation and Use Tax
22Replacement Fund, a special fund in the State treasury which is
23hereby created, (iii) until July 1, 2013, subject to
24appropriation to the Department of Transportation, the The
25Madison County Mass Transit District shall receive .6%, and

 

 

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1beginning on July 1, 2013, subject to appropriation to the
2Department of Revenue, 0.6% shall be distributed each month out
3of the Fund to the Madison County Mass Transit District, (iv)
4the following amounts, plus any cumulative deficiency in such
5transfers for prior months, shall be transferred monthly into
6the Build Illinois Fund and credited to the Build Illinois Bond
7Account therein:
8Fiscal YearAmount
91990$2,700,000
1019911,850,000
1119922,750,000
1219932,950,000
13    From Fiscal Year 1994 through Fiscal Year 2025 the transfer
14shall total $3,150,000 monthly, plus any cumulative deficiency
15in such transfers for prior months, and (v) the remainder of
16the money paid into the State and Local Sales Tax Reform Fund
17shall be transferred into the Local Government Distributive
18Fund and, except for municipalities with 1,000,000 or more
19inhabitants which shall receive no portion of such remainder,
20shall be distributed, subject to appropriation, in the manner
21provided by Section 2 of "An Act in relation to State revenue
22sharing with local government entities", approved July 31,
231969, as now or hereafter amended. Municipalities with more
24than 50,000 inhabitants according to the 1980 U.S. Census and
25located within the Metro East Mass Transit District receiving
26funds pursuant to provision (v) of this paragraph may expend

 

 

09700HB2891sam005- 76 -LRB097 08743 HLH 73041 a

1such amounts to fund and establish a program for developing and
2coordinating public and private resources targeted to meet the
3affordable housing needs of low-income and very low-income
4households within such municipality.
5(Source: P.A. 95-708, eff. 1-18-08.)
 
6    Section 10-27. The Federal Stimulus Tracking Act is amended
7by changing Section 5 as follows:
 
8    (30 ILCS 270/5)
9    (Section scheduled to be repealed on January 1, 2015)
10    Sec. 5. Federal stimulus tracking.
11    (a) The Governor's Office, or a designated State agency,
12shall track and report by means of a quarterly monthly report
13the State's spending of the federal stimulus moneys provided
14pursuant to the American Recovery and Reinvestment Act of 2009.
15    (b) Each quarterly monthly report shall list the amount of
16the State's federal stimulus spending, by category, based on
17available federal and State data. The reports may also list any
18required matching funds required by the State to be eligible
19for federal stimulus funding. The reports may make
20recommendations (i) concerning ways for Illinois to maximize
21its share of federal stimulus spending or (ii) suggesting
22changes to Illinois law that could help to maximize its share
23of federal stimulus spending. A final report compiling data
24from the quarterly monthly reports shall be available online at

 

 

09700HB2891sam005- 77 -LRB097 08743 HLH 73041 a

1the conclusion of the American Recovery and Reinvestment Act
2program or by December 31, 2014, whichever occurs first.
3    (c) The reports shall be available on a State of Illinois
4website and filed with the Speaker and Minority Leader of the
5House and the President and Minority Leader of the Senate.
6    (d) The General Assembly may by resolution request that
7specific data, findings, or analyses be included in a monthly
8report. The Commission on Government Forecasting and
9Accountability shall provide the Governor's Office technical,
10analytical, and substantive assistance in preparing the
11requested data, findings, or analyses.
12    (e) This Act is repealed on January 1, 2015.
13(Source: P.A. 96-169, eff. 8-10-09.)
 
14    Section 10-30. The General Obligation Bond Act is amended
15by changing Section 11 as follows:
 
16    (30 ILCS 330/11)  (from Ch. 127, par. 661)
17    Sec. 11. Sale of Bonds. Except as otherwise provided in
18this Section, Bonds shall be sold from time to time pursuant to
19notice of sale and public bid or by negotiated sale in such
20amounts and at such times as is directed by the Governor, upon
21recommendation by the Director of the Governor's Office of
22Management and Budget. At least 25%, based on total principal
23amount, of all Bonds issued each fiscal year shall be sold
24pursuant to notice of sale and public bid. At all times during

 

 

09700HB2891sam005- 78 -LRB097 08743 HLH 73041 a

1each fiscal year, no more than 75%, based on total principal
2amount, of the Bonds issued each fiscal year, shall have been
3sold by negotiated sale. Failure to satisfy the requirements in
4the preceding 2 sentences shall not affect the validity of any
5previously issued Bonds; provided that all Bonds authorized by
6Public Act 96-43 and this amendatory Act of the 96th General
7Assembly shall not be included in determining compliance for
8any fiscal year with the requirements of the preceding 2
9sentences; and further provided that refunding Bonds
10satisfying the requirements of Section 16 of this Act and sold
11during fiscal year 2009, 2010, or 2011 shall not be subject to
12the requirements in the preceding 2 sentences.
13    If any Bonds, including refunding Bonds, are to be sold by
14negotiated sale, the Director of the Governor's Office of
15Management and Budget shall comply with the competitive request
16for proposal process set forth in the Illinois Procurement Code
17and all other applicable requirements of that Code.
18    If Bonds are to be sold pursuant to notice of sale and
19public bid, the Director of the Governor's Office of Management
20and Budget may shall, from time to time, as Bonds are to be
21sold, advertise the sale of the Bonds in at least 2 daily
22newspapers, one of which is published in the City of
23Springfield and one in the City of Chicago. The sale of the
24Bonds shall also be advertised in the volume of the Illinois
25Procurement Bulletin that is published by the Department of
26Central Management Services, and . Each of the advertisements

 

 

09700HB2891sam005- 79 -LRB097 08743 HLH 73041 a

1for proposals shall be published once at least 10 days prior to
2the date fixed for the opening of the bids. The Director of the
3Governor's Office of Management and Budget may reschedule the
4date of sale upon the giving of such additional notice as the
5Director deems adequate to inform prospective bidders of such
6change; provided, however, that all other conditions of the
7sale shall continue as originally advertised.
8    Executed Bonds shall, upon payment therefor, be delivered
9to the purchaser, and the proceeds of Bonds shall be paid into
10the State Treasury as directed by Section 12 of this Act.
11(Source: P.A. 96-18, eff. 6-26-09; 96-43, eff. 7-15-09;
1296-1497, eff. 1-14-11.)
 
13    Section 10-35. The Build Illinois Bond Act is amended by
14changing Section 8 as follows:
 
15    (30 ILCS 425/8)  (from Ch. 127, par. 2808)
16    Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
17in this Section, shall be sold from time to time pursuant to
18notice of sale and public bid or by negotiated sale in such
19amounts and at such times as are directed by the Governor, upon
20recommendation by the Director of the Governor's Office of
21Management and Budget. At least 25%, based on total principal
22amount, of all Bonds issued each fiscal year shall be sold
23pursuant to notice of sale and public bid. At all times during
24each fiscal year, no more than 75%, based on total principal

 

 

09700HB2891sam005- 80 -LRB097 08743 HLH 73041 a

1amount, of the Bonds issued each fiscal year shall have been
2sold by negotiated sale. Failure to satisfy the requirements in
3the preceding 2 sentences shall not affect the validity of any
4previously issued Bonds; and further provided that refunding
5Bonds satisfying the requirements of Section 15 of this Act and
6sold during fiscal year 2009, 2010, or 2011 shall not be
7subject to the requirements in the preceding 2 sentences.
8    If any Bonds are to be sold pursuant to notice of sale and
9public bid, the Director of the Governor's Office of Management
10and Budget shall comply with the competitive request for
11proposal process set forth in the Illinois Procurement Code and
12all other applicable requirements of that Code.
13    If Bonds are to be sold pursuant to notice of sale and
14public bid, the Director of the Governor's Office of Management
15and Budget may shall, from time to time, as Bonds are to be
16sold, advertise the sale of the Bonds in at least 2 daily
17newspapers, one of which is published in the City of
18Springfield and one in the City of Chicago. The sale of the
19Bonds shall also be advertised in the volume of the Illinois
20Procurement Bulletin that is published by the Department of
21Central Management Services, and . Each of the advertisements
22for proposals shall be published once at least 10 days prior to
23the date fixed for the opening of the bids. The Director of the
24Governor's Office of Management and Budget may reschedule the
25date of sale upon the giving of such additional notice as the
26Director deems adequate to inform prospective bidders of the

 

 

09700HB2891sam005- 81 -LRB097 08743 HLH 73041 a

1change; provided, however, that all other conditions of the
2sale shall continue as originally advertised. Executed Bonds
3shall, upon payment therefor, be delivered to the purchaser,
4and the proceeds of Bonds shall be paid into the State Treasury
5as directed by Section 9 of this Act. The Governor or the
6Director of the Governor's Office of Management and Budget is
7hereby authorized and directed to execute and deliver contracts
8of sale with underwriters and to execute and deliver such
9certificates, indentures, agreements and documents, including
10any supplements or amendments thereto, and to take such actions
11and do such things as shall be necessary or desirable to carry
12out the purposes of this Act. Any action authorized or
13permitted to be taken by the Director of the Governor's Office
14of Management and Budget pursuant to this Act is hereby
15authorized to be taken by any person specifically designated by
16the Governor to take such action in a certificate signed by the
17Governor and filed with the Secretary of State.
18(Source: P.A. 96-18, eff. 6-26-09.)
 
19    Section 10-40. The Industrial Development Assistance Law
20is amended by changing Section 3 as follows:
 
21    (30 ILCS 720/3)  (from Ch. 85, par. 893)
22    Sec. 3. Definitions. "Department" means the Department of
23Commerce and Economic Opportunity.
24    "Governing bodies" means, as to any county, municipality or

 

 

09700HB2891sam005- 82 -LRB097 08743 HLH 73041 a

1township, the body empowered to enact ordinances or to adopt
2resolutions for the governance of such county, municipality or
3township.
4    "Industrial development agency" means any nonprofit
5corporation, organization, association or agency which shall
6be designated by proper resolution of the governing body of any
7county, concurred in by resolution of the governing bodies of
8municipalities or townships within said county having in the
9aggregate over 50% of the population of said county, as
10determined by the last preceding decennial United States
11Census, as the agency authorized to make application to and
12receive grants, subject to appropriation, from the Department
13of Commerce and Economic Opportunity for the purposes specified
14in this Act. Any two or more counties may, by the procedures
15provided in this Act, designate a single industrial development
16agency to represent such counties for the purposes of this Act.
17(Source: P.A. 94-793, eff. 5-19-06.)
 
18    Section 10-45. The Build Illinois Act is amended by
19changing Section 9-4.5 as follows:
 
20    (30 ILCS 750/9-4.5)
21    Sec. 9-4.5. Community economic development project.
22    (a) Subject to appropriation, the The Department shall
23establish a comprehensive community economic development
24project. The project shall provide technical assistance to 5

 

 

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1communities for the following purposes:
2        (1) To develop a comprehensive understanding of the
3    community.
4        (2) To plan for industrial retention and development.
5        (3) To establish an early warning network to warn of
6    potential business closings.
7        (4) To provide on-going technical assistance in areas
8    including, but not limited to, succession planning;
9    acquisition of companies by local entrepreneurs, with
10    special encouragement for minorities, women, and groups of
11    employees; job training; and technology improvement.
12    (b) Subject to appropriation, the The Department shall
13select the communities that participate in the project through
14a competitive process open to all communities in Illinois. For
15purposes of this Section, "community" includes municipalities,
16other units of local government, and neighborhoods and regions
17within municipalities or other units of local government.
18Community direction of the project and the capacity of the
19community to fulfill project goals established by the
20Department shall be prerequisites for participation. The
21Department shall issue rules establishing the competitive
22process.
23(Source: P.A. 88-191; 88-670, eff. 12-2-94.)
 
24    (50 ILCS 330/5 rep.)
25    Section 10-50. The Illinois Municipal Budget Law is amended

 

 

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1by repealing Section 5.
 
2    (205 ILCS 5/12 rep.)
3    Section 10-55. The Illinois Banking Act is amended by
4repealing Section 12.
 
5    (205 ILCS 205/8006 rep.)
6    Section 10-60. The Savings Bank Act is amended by repealing
7Section 8006.
 
8    Section 10-65. The Sales Finance Agency Act is amended by
9changing Section 13 as follows:
 
10    (205 ILCS 660/13)  (from Ch. 17, par. 5231)
11    Sec. 13. Rules. The Department may make and enforce such
12reasonable rules, regulations, directions, orders, decisions
13and findings as the execution and enforcement of this Act
14require, and as are not inconsistent therewith. In addition,
15the Department may promulgate rules in connection with the
16activities of licensees that are necessary and appropriate for
17the protection of consumers in this State. All rules and
18regulations shall be posted on the Department's website. Upon
19the written request of a licensee, printed and copies thereof
20shall be printed and mailed to the licensee all licensees.
21(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
 

 

 

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1    Section 10-70. The Consumer Installment Loan Act is amended
2by changing Section 22 as follows:
 
3    (205 ILCS 670/22)  (from Ch. 17, par. 5428)
4    Sec. 22. Rules and regulations. The Department may make and
5enforce such reasonable rules, regulations, directions,
6orders, decisions, and findings as the execution and
7enforcement of the provisions of this Act require, and as are
8not inconsistent therewith. In addition, the Department may
9promulgate rules in connection with the activities of licensees
10that are necessary and appropriate for the protection of
11consumers in this State. All rules, regulations and directions
12of a general character shall be posted on the Department's
13website. Upon the written request of a licensee, printed and
14copies thereof shall be printed and mailed to the licensee all
15licensees.
16(Source: P.A. 90-437, eff. 1-1-98; 91-698, eff. 5-6-00.)
 
17    Section 10-75. The Illinois Chemical Safety Act is amended
18by changing Section 3 as follows:
 
19    (430 ILCS 45/3)  (from Ch. 111 1/2, par. 953)
20    Sec. 3. Definitions. For the purposes of this Act:
21    "Agency" means the Illinois Environmental Protection
22Agency.
23    "Business" means any individual, partnership, corporation,

 

 

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1or association in the State engaged in a business operation
2that has 5 or more full-time employees, or 20 or more part-time
3employees, and that is properly assigned or included within one
4of the following Standard Industrial Classifications (SIC), as
5designated in the Standard Industrial Classification Manual
6prepared by the Federal Office of Management and Budget:
7    2295 Coated fabrics, not rubberized;
8    2491 Wood preserving;
9    2671 Packaging paper and plastics film, coated and
10laminated;
11    2672 Coated and laminated paper, not elsewhere classified;
12    2812 Alkalies and chlorine;
13    2813 Industrial gases;
14    2819 Industrial inorganic chemicals, not elsewhere
15classified;
16    2821 Plastic materials, synthetic resins, and
17non-vulcanizable elastomers;
18    2834 Pharmaceutical preparations;
19    2842 Specialty cleaning, polishing and sanitation
20preparations;
21    2851 Paints, varnishes, lacquers, enamels, and allied
22products;
23    2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
24dyes and organic pigments (lakes and toners);
25    2869 Industrial organic chemicals, not elsewhere
26classified;

 

 

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1    2873 Nitrogenous fertilizer;
2    2874 Phosphatic fertilizers;
3    2879 Pesticides and agricultural chemicals, not elsewhere
4classified;
5    2891 Adhesives and sealants;
6    2892 Explosives;
7    2911 Petroleum refining;
8    2952 Asphalt felts and coatings;
9    2999 Products of petroleum and coal, not elsewhere
10classified;
11    3081 Unsupported plastics, film and sheet;
12    3082 Unsupported plastics profile shapes;
13    3083 Laminated plastics plate, sheet and profile shapes;
14    3084 Plastic pipe;
15    3085 Plastic bottles;
16    3086 Plastic foam products;
17    3087 Custom compounding of purchased plastic resin;
18    3088 Plastic plumbing fixtures;
19    3089 Plastic products, not elsewhere classified;
20    3111 Leather tanning and finishing;
21    3339 Primary smelting and refining of nonferrous metals,
22except copper and aluminum;
23    3432 Plumbing fixture fittings and trim;
24    3471 Electroplating, plating, polishing, anodizing and
25coloring;
26    4953 Refuse systems;

 

 

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1    5085 Industrial supplies;
2    5162 Plastic materials and basic forms and shapes;
3    5169 Chemicals and allied products, not elsewhere
4classified;
5    5171 Petroleum bulk stations and terminals;
6    5172 Petroleum and petroleum products, wholesalers, except
7bulk stations and terminals.
8    For the purposes of this Act, the SIC Code that a business
9uses for determining its coverage under The Unemployment
10Insurance Act shall be the SIC Code for determining the
11applicability of this Act. On an annual basis, the Department
12of Employment Security shall provide the IEMA with a list of
13those regulated facilities covered by the above mentioned SIC
14codes.
15    "Business" also means any facility not covered by the above
16SIC codes that is subject to the provisions of Section 302 of
17the federal Emergency Planning and Community Right-to-Know Act
18of 1986 and that is found by the Agency to use, store, or
19manufacture a chemical substance in a quantity that poses a
20threat to the environment or public health. Such a
21determination shall be based on an on-site inspection conducted
22by the Agency and certified to the IEMA. The Agency shall also
23conduct inspections at the request of IEMA or upon a written
24request setting forth a justification to the IEMA from the
25chairman of the local emergency planning committee upon
26recommendation of the committee. The IEMA shall transmit a copy

 

 

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1of the request to the Agency. The Agency may, in the event of a
2reportable release that occurs at any facility operated or
3owned by a business not covered by the above SIC codes, conduct
4inspections if the site hazard appears to warrant such action.
5The above notwithstanding, any farm operation shall not be
6considered as a facility subject to this definition.
7    Notwithstanding the above, for purposes of this Act,
8"business" does not mean any facility for which the
9requirements promulgated at Part 1910.119 of Title 29 of the
10Code of Federal Regulations are applicable or which has
11completed and submitted the plan required by Part 68 of Title
1240 of the Code of Federal Regulations, provided that such
13business conducts and documents in writing an assessment for
14any instance where the Agency provides notice that a
15significant release of a chemical substance has occurred at a
16facility. Such assessment shall explain the nature, cause and
17known effects of the release, any mitigating actions taken, and
18preventive measures that can be employed to avoid a future
19release. Such assessment shall be available at the facility for
20review within 30 days after the Agency notifies the facility
21that a significant release has occurred. The Agency may provide
22written comments to the business following an on-site review of
23an assessment.
24    "Chemical name" means the scientific designation of a
25chemical in accordance with the nomenclature system developed
26by the International Union of Pure and Applied Chemistry

 

 

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1(IUPAC) or the American Chemical Society's Chemical Abstracts
2Service (CAS) rules of nomenclature, or a name that will
3clearly identify the chemical for hazard evaluation purposes.
4    "Chemical substance" means any "extremely hazardous
5substance" listed in Appendix A of 40 C.F.R. Part 355 that is
6present at a facility in an amount in excess of its threshold
7planning quantity, any "hazardous substance" listed in 40
8C.F.R. Section 302.4 that is present at a facility in an amount
9in excess of its reportable quantity or in excess of its
10threshold planning quantity if it is also an "extremely
11hazardous substance", and any petroleum including crude oil or
12any fraction thereof that is present at a facility in an amount
13exceeding 100 pounds unless it is specifically listed as a
14"hazardous substance" or an "extremely hazardous substance".
15"Chemical substance" does not mean any substance to the extent
16it is used for personal, family, or household purposes or to
17the extent it is present in the same form and concentration as
18a product packaged for distribution to and use by the general
19public.
20    "IEMA" means the Illinois Emergency Management Agency.
21    "Facility" means the buildings and all real property
22contiguous thereto, and the equipment at a single location used
23for the conduct of business.
24    "Local emergency planning committee" means the committee
25that is appointed for an emergency planning district under the
26provisions of Section 301 of the federal Emergency Planning and

 

 

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1Community Right-to-Know Act of 1986.
2    "Release" means any sudden spilling, leaking, pumping,
3pouring, emitting, escaping, emptying, discharging, injecting,
4leaching, dumping, or disposing into the environment beyond the
5boundaries of a facility, but excludes the following:
6        (a) Any release that results in exposure to persons
7    solely within a workplace, with respect to a claim that
8    such persons may assert against their employer.
9        (b) Emissions from the engine exhaust of a motor
10    vehicle, rolling stock, aircraft, vessel, or pipeline
11    pumping station engine.
12        (c) Release of source, byproduct, or special nuclear
13    material from a nuclear incident, as those terms are
14    defined in the Atomic Energy Act of 1954, if the release is
15    subject to requirements with respect to financial
16    protection established by the Nuclear Regulatory
17    Commission under Section 170 of the Atomic Energy Act of
18    1954.
19        (d) The normal application of fertilizer.
20    "Significant release" means any release which is so
21designated in writing by the Agency or the IEMA based upon an
22inspection at the site of an emergency incident, or any release
23which results in any evacuation, hospitalization, or
24fatalities of the public.
25(Source: P.A. 97-333, eff. 8-12-11.)
 

 

 

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1    (625 ILCS 5/15-115 rep.)
2    Section 10-80. The Illinois Vehicle Code is amended by
3repealing Section 15-115.
 
4    Section 10-85. The Payday Loan Reform Act is amended by
5changing Section 4-30 as follows:
 
6    (815 ILCS 122/4-30)
7    Sec. 4-30. Rulemaking; industry review.
8    (a) The Department may make and enforce such reasonable
9rules, regulations, directions, orders, decisions, and
10findings as the execution and enforcement of the provisions of
11this Act require, and as are not inconsistent therewith. All
12rules, regulations, and directions of a general character shall
13be posted on the Department's website. Upon the written request
14of a licensee, printed and copies thereof shall be printed and
15mailed to the licensee all licensees.
16    (b) Within 6 months after the effective date of this Act,
17the Department shall promulgate reasonable rules regarding the
18issuance of payday loans by banks, savings banks, savings and
19loan associations, credit unions, and insurance companies.
20These rules shall be consistent with this Act and shall be
21limited in scope to the actual products and services offered by
22lenders governed by this Act.
23    (c) After the effective date of this Act, the Department
24shall, over a 3-year period, conduct a study of the payday loan

 

 

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1industry to determine the impact and effectiveness of this Act.
2The Department shall report its findings to the General
3Assembly within 3 months of the third anniversary of the
4effective date of this Act. The study shall determine the
5effect of this Act on the protection of consumers in this State
6and on the fair and reasonable regulation of the payday loan
7industry. The study shall include, but shall not be limited to,
8an analysis of the ability of the industry to use private
9reporting tools that:
10        (1) ensure substantial compliance with this Act,
11    including real time reporting of outstanding payday loans;
12    and
13        (2) provide data to the Department in an appropriate
14    form and with appropriate content to allow the Department
15    to adequately monitor the industry.
16    The report of the Department shall, if necessary, identify
17and recommend specific amendments to this Act to further
18protect consumers and to guarantee fair and reasonable
19regulation of the payday loan industry.
20(Source: P.A. 94-13, eff. 12-6-05.)
 
21
ARTICLE 99. EFFECTIVE DATE

 
22    Section 99-99. Effective date. This Act takes effect upon
23becoming law.".