Full Text of HB2408 98th General Assembly
HB2408enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by changing | 5 | | Section 6z-64 as follows: | 6 | | (30 ILCS 105/6z-64) | 7 | | Sec. 6z-64. The Workers' Compensation Revolving Fund. | 8 | | (a) The Workers' Compensation Revolving Fund is created as | 9 | | a revolving fund, not subject to fiscal year limitations, in | 10 | | the State treasury. The following moneys shall be deposited | 11 | | into the Fund: | 12 | | (1) amounts authorized for transfer to the Fund from | 13 | | the General Revenue Fund and other State funds (except for | 14 | | funds classified by the Comptroller as federal trust funds | 15 | | or State trust funds) pursuant to State law or Executive | 16 | | Order; | 17 | | (2) federal funds received by the Department of Central | 18 | | Management Services (the "Department") as a result of | 19 | | expenditures from the Fund; | 20 | | (3) interest earned on moneys in the Fund; | 21 | | (4) receipts or inter-fund transfers resulting from | 22 | | billings issued to State agencies and universities for the | 23 | | cost of workers' compensation services that are not |
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| 1 | | compensated through the specific fund transfers authorized | 2 | | by this Section, if any; | 3 | | (5) amounts received from a State agency or university | 4 | | for workers' compensation payments for temporary total | 5 | | disability, as provided in Section 405-105 of the | 6 | | Department of Central Management Services Law of the Civil | 7 | | Administrative Code of Illinois; and | 8 | | (6) amounts recovered through subrogation in workers' | 9 | | compensation and workers' occupational disease cases. | 10 | | (b) Moneys in the Fund may be used by the Department for | 11 | | reimbursement or payment for: | 12 | | (1) providing workers' compensation services to State | 13 | | agencies and State universities; or | 14 | | (2) providing for payment of administrative and other | 15 | | expenses (and, beginning January 1, 2013, fees and charges | 16 | | made pursuant to a contract with a private vendor) incurred | 17 | | in providing workers' compensation services. The | 18 | | Department, or any successor agency designated to enter | 19 | | into contracts with one or more private vendors for the | 20 | | administration of the workers' compensation program for | 21 | | State employees pursuant to subsection 10b of Section | 22 | | 405-105 of the Department of Central Management Services | 23 | | Law of the Civil Administrative Code of Illinois, is | 24 | | authorized to establish one or more special funds, as | 25 | | separate accounts provided by any bank or banks as defined | 26 | | by the Illinois Banking Act, any savings and loan |
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| 1 | | association or associations as defined by the Illinois | 2 | | Savings and Loan Act of 1985, or any credit union as | 3 | | defined by the Illinois Credit Union Act, to be held by the | 4 | | Director outside of the State treasury, for the purpose of | 5 | | receiving the transfer of moneys from the Workers' | 6 | | Compensation Revolving Fund. The Department may promulgate | 7 | | rules further defining the methodology for the transfers. | 8 | | Any interest earned by moneys in the funds or accounts | 9 | | shall be deposited into the Workers' Compensation | 10 | | Revolving Fund. The transferred moneys, and interest | 11 | | accrued thereon, shall be used exclusively for transfers to | 12 | | contracted private vendors or their financial institutions | 13 | | for payments to workers' compensation claimants and | 14 | | providers for workers' compensation services, claims, and | 15 | | benefits pursuant to this Section and subsection 9 of | 16 | | Section 405-105 of the Department of Central Management | 17 | | Services Law of the Civil Administrative Code of Illinois. | 18 | | The transferred moneys, and interest accrued thereon, | 19 | | shall not be used for any other purpose including, but not | 20 | | limited to, reimbursement or payment of administrative | 21 | | fees due the contracted vendor pursuant to its contract or | 22 | | contracts with the Department. | 23 | | (c) State agencies may direct the Comptroller to process | 24 | | inter-fund
transfers or make payment through the voucher and | 25 | | warrant process to the Workers' Compensation Revolving Fund in | 26 | | satisfaction of billings issued under subsection (a) of this |
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| 1 | | Section. | 2 | | (d) Reconciliation. For the fiscal year beginning on July | 3 | | 1, 2004 only, the Director of Central Management Services (the | 4 | | "Director") shall order that each State agency's payments and | 5 | | transfers made to the Fund be reconciled with actual Fund costs | 6 | | for workers' compensation services provided by the Department | 7 | | and attributable to the State agency and relevant fund on no | 8 | | less than an annual basis. The Director may require reports | 9 | | from State agencies as deemed necessary to perform this | 10 | | reconciliation. | 11 | | (d-5) Notwithstanding any other provision of State law to | 12 | | the contrary, on or after July 1, 2005 and until June 30, 2006, | 13 | | in addition to any other transfers that may be provided for by | 14 | | law, at the direction of and upon notification of the Director | 15 | | of Central Management Services, the State Comptroller shall | 16 | | direct and the State Treasurer shall transfer amounts into the | 17 | | Workers' Compensation Revolving Fund from the designated funds | 18 | | not exceeding the following totals: | 19 | | Mental Health Fund ............................$17,694,000 | 20 | | Statistical Services Revolving Fund ............$1,252,600 | 21 | | Department of Corrections Reimbursement | 22 | | and Education Fund .........................$1,198,600 | 23 | | Communications Revolving Fund ....................$535,400 | 24 | | Child Support Administrative Fund ................$441,900 | 25 | | Health Insurance Reserve Fund ....................$238,900 | 26 | | Fire Prevention Fund .............................$234,100 |
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| 1 | | Park and Conservation Fund .......................$142,000 | 2 | | Motor Fuel Tax Fund ..............................$132,800 | 3 | | Illinois Workers' Compensation | 4 | | Commission Operations Fund ...................$123,900 | 5 | | State Boating Act Fund ...........................$112,300 | 6 | | Public Utility Fund ..............................$106,500 | 7 | | State Lottery Fund ...............................$101,300 | 8 | | Traffic and Criminal Conviction | 9 | | Surcharge Fund ................................$88,500 | 10 | | State Surplus Property Revolving Fund .............$82,700 | 11 | | Natural Areas Acquisition Fund ....................$65,600 | 12 | | Securities Audit and Enforcement Fund .............$65,200 | 13 | | Agricultural Premium Fund .........................$63,400 | 14 | | Capital Development Fund ..........................$57,500 | 15 | | State Gaming Fund .................................$54,300 | 16 | | Underground Storage Tank Fund .....................$53,700 | 17 | | Illinois State Medical Disciplinary Fund ..........$53,000 | 18 | | Personal Property Tax Replacement Fund ............$53,000 | 19 | | General Professions Dedicated Fund ...............$51,900
| 20 | | Total $23,003,100
| 21 | | (d-10) Notwithstanding any other provision of State law to | 22 | | the contrary and in addition to any other transfers that may be | 23 | | provided for by law, on the first day of each calendar quarter | 24 | | of the fiscal year beginning July 1, 2005, or as soon as may be | 25 | | practical thereafter, the State Comptroller shall direct and | 26 | | the State Treasurer shall transfer from each designated fund |
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| 1 | | into the Workers' Compensation Revolving Fund amounts equal to | 2 | | one-fourth of each of the following totals: | 3 | | General Revenue Fund ......................... $34,000,000 | 4 | | Road Fund .................................... $25,987,000 | 5 | | Total $59,987,000
| 6 | | (d-12) Notwithstanding any other provision of State law to | 7 | | the contrary and in addition to any other transfers that may be | 8 | | provided for by law, on the effective date of this amendatory | 9 | | Act of the 94th General Assembly, or as soon as may be | 10 | | practical thereafter, the State Comptroller shall direct and | 11 | | the State Treasurer shall transfer from each designated fund | 12 | | into the Workers' Compensation Revolving Fund the following | 13 | | amounts: | 14 | | General Revenue Fund ..........................$10,000,000 | 15 | | Road Fund ......................................$5,000,000 | 16 | | Total $15,000,000
| 17 | | (d-15) Notwithstanding any other provision of State law to | 18 | | the contrary and in addition to any other transfers that may be | 19 | | provided for by law, on July 1, 2006, or as soon as may be | 20 | | practical thereafter, the State Comptroller shall direct and | 21 | | the State Treasurer shall transfer from each designated fund | 22 | | into the Workers' Compensation Revolving Fund the following | 23 | | amounts: | 24 | | General Revenue Fund .........................$44,028,200
| 25 | | Road Fund ....................................$28,084,000
| 26 | | Total $72,112,200
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| 1 | | (d-20) Notwithstanding any other provision of State law to | 2 | | the contrary, on or after July 1, 2006 and until June 30, 2007, | 3 | | in addition to any other transfers that may be provided for by | 4 | | law, at the direction of and upon notification of the Director | 5 | | of Central Management Services, the State Comptroller shall | 6 | | direct and the State Treasurer shall transfer amounts into the | 7 | | Workers' Compensation Revolving Fund from the designated funds | 8 | | not exceeding the following totals: | 9 | | Mental Health Fund ............................$19,121,800 | 10 | | Statistical Services Revolving Fund ............$1,353,700 | 11 | | Department of Corrections Reimbursement | 12 | | and Education Fund .........................$1,295,300 | 13 | | Communications Revolving Fund ....................$578,600 | 14 | | Child Support Administrative Fund ................$477,600 | 15 | | Health Insurance Reserve Fund ....................$258,200 | 16 | | Fire Prevention Fund .............................$253,000 | 17 | | Park and Conservation Fund .......................$153,500 | 18 | | Motor Fuel Tax Fund ..............................$143,500 | 19 | | Illinois Workers' Compensation | 20 | | Commission Operations Fund ...................$133,900 | 21 | | State Boating Act Fund ...........................$121,400 | 22 | | Public Utility Fund ..............................$115,100 | 23 | | State Lottery Fund ...............................$109,500 | 24 | | Traffic and Criminal Conviction Surcharge Fund ....$95,700 | 25 | | State Surplus Property Revolving Fund .............$89,400 | 26 | | Natural Areas Acquisition Fund ....................$70,800 |
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| 1 | | Securities Audit and Enforcement Fund .............$70,400 | 2 | | Agricultural Premium Fund .........................$68,500 | 3 | | State Gaming Fund .................................$58,600 | 4 | | Underground Storage Tank Fund .....................$58,000 | 5 | | Illinois State Medical Disciplinary Fund ..........$57,200 | 6 | | Personal Property Tax Replacement Fund ............$57,200 | 7 | | General Professions Dedicated Fund ...............$56,100
| 8 | | Total $24,797,000
| 9 | | (d-25) Notwithstanding any other provision of State law to | 10 | | the contrary and in addition to any other transfers that may be | 11 | | provided for by law, on July 1, 2009, or as soon as may be | 12 | | practical thereafter, the State Comptroller shall direct and | 13 | | the State Treasurer shall transfer from each designated fund | 14 | | into the Workers' Compensation Revolving Fund the following | 15 | | amounts: | 16 | | General Revenue Fund .........................$55,000,000 | 17 | | Road Fund ....................................$34,803,000 | 18 | | Total $89,803,000 | 19 | | (d-30) Notwithstanding any other provision of State law to | 20 | | the contrary, on or after July 1, 2009 and until June 30, 2010, | 21 | | in addition to any other transfers that may be provided for by | 22 | | law, at the direction of and upon notification of the Director | 23 | | of Central Management Services, the State Comptroller shall | 24 | | direct and the State Treasurer shall transfer amounts into the | 25 | | Workers' Compensation Revolving Fund from the designated funds | 26 | | not exceeding the following totals: |
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| 1 | | Food and Drug Safety Fund .........................$13,900 | 2 | | Teacher Certificate Fee Revolving Fund .............$6,500 | 3 | | Transportation Regulatory Fund ....................$14,500 | 4 | | Financial Institution Fund ........................$25,200 | 5 | | General Professions Dedicated Fund ................$25,300 | 6 | | Illinois Veterans' Rehabilitation Fund ............$64,600 | 7 | | State Boating Act Fund ...........................$177,100 | 8 | | State Parks Fund .................................$104,300 | 9 | | Lobbyist Registration Administration Fund .........$14,400 | 10 | | Agricultural Premium Fund .........................$79,100 | 11 | | Fire Prevention Fund .............................$360,200 | 12 | | Mental Health Fund .............................$9,725,200 | 13 | | Illinois State Pharmacy Disciplinary Fund ..........$5,600 | 14 | | Public Utility Fund ...............................$40,900 | 15 | | Radiation Protection Fund .........................$14,200 | 16 | | Firearm Owner's Notification Fund ..................$1,300 | 17 | | Solid Waste Management Fund .......................$74,100 | 18 | | Illinois Gaming Law Enforcement Fund ..............$17,800 | 19 | | Subtitle D Management Fund ........................$14,100 | 20 | | Illinois State Medical Disciplinary Fund ..........$26,500 | 21 | | Facility Licensing Fund ...........................$11,700 | 22 | | Plugging and Restoration Fund ......................$9,100 | 23 | | Explosives Regulatory Fund .........................$2,300 | 24 | | Aggregate Operations Regulatory Fund ...............$5,000 | 25 | | Coal Mining Regulatory Fund ........................$1,900 | 26 | | Registered Certified Public Accountants' |
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| 1 | | Administration and Disciplinary Fund ...........$1,500 | 2 | | Weights and Measures Fund .........................$56,100 | 3 | | Division of Corporations Registered | 4 | | Limited Liability Partnership Fund .............$3,900 | 5 | | Illinois School Asbestos Abatement Fund ...........$14,000 | 6 | | Secretary of State Special License Plate Fund .....$30,700 | 7 | | Capital Development Board Revolving Fund ..........$27,000 | 8 | | DCFS Children's Services Fund .....................$69,300 | 9 | | Asbestos Abatement Fund ...........................$17,200 | 10 | | Illinois Health Facilities Planning Fund ..........$26,800 | 11 | | Emergency Public Health Fund .......................$5,600 | 12 | | Nursing Dedicated and Professional Fund ...........$10,000 | 13 | | Optometric Licensing and Disciplinary | 14 | | Board Fund .....................................$1,600 | 15 | | Underground Resources Conservation | 16 | | Enforcement Fund ..............................$11,500 | 17 | | Drunk and Drugged Driving Prevention Fund .........$18,200 | 18 | | Long Term Care Monitor/Receiver Fund ..............$35,400 | 19 | | Community Water Supply Laboratory Fund .............$5,600 | 20 | | Securities Investors Education Fund ................$2,000 | 21 | | Used Tire Management Fund .........................$32,400 | 22 | | Natural Areas Acquisition Fund ...................$101,200 | 23 | | Open Space Lands Acquisition | 24 | | and
Development Fund ..................$28,400 | 25 | | Working Capital Revolving Fund ...................$489,100 | 26 | | State Garage Revolving Fund ......................$791,900 |
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| 1 | | Statistical Services Revolving Fund ............$3,984,700 | 2 | | Communications Revolving Fund ..................$1,432,800 | 3 | | Facilities Management Revolving Fund ...........$1,911,600 | 4 | | Professional Services Fund .......................$483,600 | 5 | | Motor Vehicle Review Board Fund ...................$15,000 | 6 | | Environmental Laboratory Certification Fund ........$3,000 | 7 | | Public Health Laboratory Services | 8 | | Revolving Fund .................................$2,500 | 9 | | Lead Poisoning Screening, Prevention, | 10 | | and Abatement Fund ............................$28,200 | 11 | | Securities Audit and Enforcement Fund ............$258,400 | 12 | | Department of Business Services | 13 | | Special Operations Fund ......................$111,900 | 14 | | Feed Control Fund .................................$20,800 | 15 | | Tanning Facility Permit Fund .......................$5,400 | 16 | | Plumbing Licensure and Program Fund ...............$24,400 | 17 | | Tax Compliance and Administration Fund ............$27,200 | 18 | | Appraisal Administration Fund ......................$2,400 | 19 | | Small Business Environmental Assistance Fund .......$2,200 | 20 | | Illinois State Fair Fund ..........................$31,400 | 21 | | Secretary of State Special Services Fund .........$317,600 | 22 | | Department of Corrections Reimbursement | 23 | | and Education Fund ...........................$324,500 | 24 | | Health Facility Plan Review Fund ..................$31,200 | 25 | | Illinois Historic Sites Fund ......................$11,500 | 26 | | Attorney General Court Ordered and Voluntary |
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| 1 | | Compliance Payment Projects Fund ..............$18,500 | 2 | | Public Pension Regulation Fund .....................$5,600 | 3 | | Illinois Charity Bureau Fund ......................$11,400 | 4 | | Renewable Energy Resources Trust Fund ..............$6,700 | 5 | | Energy Efficiency Trust Fund .......................$3,600 | 6 | | Pesticide Control Fund ............................$56,800 | 7 | | Attorney General Whistleblower Reward | 8 | | and Protection Fund ...........................$14,200 | 9 | | Partners for Conservation Fund ....................$36,900 | 10 | | Capital Litigation Trust Fund ........................$800 | 11 | | Motor Vehicle License Plate Fund ..................$99,700 | 12 | | Horse Racing Fund .................................$18,900 | 13 | | Death Certificate Surcharge Fund ..................$12,800 | 14 | | Auction Regulation Administration Fund ...............$500 | 15 | | Motor Carrier Safety Inspection Fund ..............$55,800 | 16 | | Assisted Living and Shared Housing | 17 | | Regulatory Fund ..................................$900 | 18 | | Illinois Thoroughbred Breeders Fund ................$9,200 | 19 | | Illinois Clean Water Fund .........................$42,300 | 20 | | Secretary of State DUI Administration Fund ........$16,100 | 21 | | Child Support Administrative Fund ..............$1,037,900 | 22 | | Secretary of State Police Services Fund ............$1,200 | 23 | | Tourism Promotion Fund ............................$34,400 | 24 | | IMSA Income Fund ..................................$12,700 | 25 | | Presidential Library and Museum Operating Fund ....$83,000 | 26 | | Dram Shop Fund ....................................$44,500 |
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| 1 | | Illinois State Dental Disciplinary Fund ............$5,700 | 2 | | Cycle Rider Safety Training Fund ...................$8,700 | 3 | | Traffic and Criminal Conviction Surcharge Fund ...$106,100 | 4 | | Design Professionals Administration | 5 | | and Investigation Fund .........................$4,500 | 6 | | State Police Services Fund .......................$276,100 | 7 | | Metabolic Screening and Treatment Fund ............$90,800 | 8 | | Insurance Producer Administration Fund ............$45,600 | 9 | | Coal Technology Development Assistance Fund .......$11,700 | 10 | | Hearing Instrument Dispenser Examining | 11 | | and Disciplinary Fund ..........................$1,900 | 12 | | Low-Level Radioactive Waste Facility | 13 | | Development and Operation Fund .................$1,000 | 14 | | Environmental Protection Permit and | 15 | | Inspection Fund ...............................$66,900 | 16 | | Park and Conservation Fund .......................$199,300 | 17 | | Local Tourism Fund .................................$2,400 | 18 | | Illinois Capital Revolving Loan Fund ..............$10,000 | 19 | | Large Business Attraction Fund .......................$100 | 20 | | Adeline Jay Geo-Karis Illinois Beach | 21 | | Marina Fund ...................................$27,200 | 22 | | Public Infrastructure Construction | 23 | | Loan Revolving Fund ............................$1,700 | 24 | | Insurance Financial Regulation Fund ...............$69,200 | 25 | | Total $24,197,800 | 26 | | (d-35) Notwithstanding any other provision of State law to |
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| 1 | | the contrary and in addition to any other transfers that may be | 2 | | provided for by law, on July 1, 2010, or as soon as may be | 3 | | practical thereafter, the State Comptroller shall direct and | 4 | | the State Treasurer shall transfer from each designated fund | 5 | | into the Workers' Compensation Revolving Fund the following | 6 | | amounts: | 7 | | General Revenue Fund .........................$55,000,000 | 8 | | Road Fund ....................................$50,955,300 | 9 | | Total $105,955,300 | 10 | | (d-40) Notwithstanding any other provision of State law to | 11 | | the contrary, on or after July 1, 2010 and until June 30, 2011, | 12 | | in addition to any other transfers that may be provided for by | 13 | | law, at the direction of and upon notification of the Director | 14 | | of Central Management Services, the State Comptroller shall | 15 | | direct and the State Treasurer shall transfer amounts into the | 16 | | Workers' Compensation Revolving Fund from the designated funds | 17 | | not exceeding the following totals: | 18 | | Food and Drug Safety Fund .........................$8,700 | 19 | | Financial Institution Fund .......................$44,500 | 20 | | General Professions Dedicated Fund ...............$51,400 | 21 | | Live and Learn Fund ..............................$10,900 | 22 | | Illinois Veterans' Rehabilitation Fund ..........$106,000 | 23 | | State Boating Act Fund ..........................$288,200 | 24 | | State Parks Fund ................................$185,900 | 25 | | Wildlife and Fish Fund ........................$1,550,300 | 26 | | Lobbyist Registration Administration Fund ........$18,100 |
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| 1 | | Agricultural Premium Fund .......................$176,100 | 2 | | Mental Health Fund ..............................$291,900 | 3 | | Firearm Owner's Notification Fund .................$2,300 | 4 | | Illinois Gaming Law Enforcement Fund .............$11,300 | 5 | | Illinois State Medical Disciplinary Fund .........$42,300 | 6 | | Facility Licensing Fund ..........................$14,200 | 7 | | Plugging and Restoration Fund ....................$15,600 | 8 | | Explosives Regulatory Fund ........................$4,800 | 9 | | Aggregate Operations Regulatory Fund ..............$6,000 | 10 | | Coal Mining Regulatory Fund .......................$7,200 | 11 | | Registered Certified Public Accountants' | 12 | | Administration and Disciplinary Fund ..........$1,900 | 13 | | Weights and Measures Fund .......................$105,200 | 14 | | Division of Corporations Registered | 15 | | Limited Liability Partnership Fund ............$5,300 | 16 | | Illinois School Asbestos Abatement Fund ..........$19,900 | 17 | | Secretary of State Special License Plate Fund ....$38,700 | 18 | | DCFS Children's Services Fund ...................$123,100 | 19 | | Illinois Health Facilities Planning Fund .........$29,700 | 20 | | Emergency Public Health Fund ......................$6,800 | 21 | | Nursing Dedicated and Professional Fund ..........$13,500 | 22 | | Optometric Licensing and Disciplinary | 23 | | Board Fund ....................................$1,800 | 24 | | Underground Resources Conservation | 25 | | Enforcement Fund .............................$16,500 | 26 | | Mandatory Arbitration Fund ........................$5,400 |
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| 1 | | Drunk and Drugged Driving Prevention Fund ........$26,400 | 2 | | Long Term Care Monitor/Receiver Fund .............$43,800 | 3 | | Securities Investors Education Fund ..............$28,500 | 4 | | Used Tire Management Fund .........................$6,300 | 5 | | Natural Areas Acquisition Fund ..................$185,000 | 6 | | Open Space Lands Acquisition and | 7 | | Development Fund .............................$46,800 | 8 | | Working Capital Revolving Fund ..................$741,500 | 9 | | State Garage Revolving Fund .....................$356,200 | 10 | | Statistical Services Revolving Fund ...........$1,775,900 | 11 | | Communications Revolving Fund ...................$630,600 | 12 | | Facilities Management Revolving Fund ............$870,800 | 13 | | Professional Services Fund ......................$275,500 | 14 | | Motor Vehicle Review Board Fund ..................$12,900 | 15 | | Public Health Laboratory Services | 16 | | Revolving Fund ................................$5,300 | 17 | | Lead Poisoning Screening, Prevention, | 18 | | and Abatement Fund ...........................$42,100 | 19 | | Securities Audit and Enforcement Fund ...........$162,700 | 20 | | Department of Business Services | 21 | | Special Operations Fund .....................$143,700 | 22 | | Feed Control Fund ................................$32,300 | 23 | | Tanning Facility Permit Fund ......................$3,900 | 24 | | Plumbing Licensure and Program Fund ..............$32,600 | 25 | | Tax Compliance and Administration Fund ...........$48,400 | 26 | | Appraisal Administration Fund .....................$3,600 |
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| 1 | | Illinois State Fair Fund .........................$30,200 | 2 | | Secretary of State Special Services Fund ........$214,400 | 3 | | Department of Corrections Reimbursement | 4 | | and Education Fund ..........................$438,300 | 5 | | Health Facility Plan Review Fund .................$29,900 | 6 | | Public Pension Regulation Fund ....................$9,900 | 7 | | Pesticide Control Fund ..........................$107,500 | 8 | | Partners for Conservation Fund ..................$189,300 | 9 | | Motor Vehicle License Plate Fund ................$143,800 | 10 | | Horse Racing Fund ................................$20,900 | 11 | | Death Certificate Surcharge Fund .................$16,800 | 12 | | Auction Regulation Administration Fund ............$1,000 | 13 | | Motor Carrier Safety Inspection Fund .............$56,800 | 14 | | Assisted Living and Shared Housing | 15 | | Regulatory Fund ...............................$2,200 | 16 | | Illinois Thoroughbred Breeders Fund ..............$18,100 | 17 | | Secretary of State DUI Administration Fund .......$19,800 | 18 | | Child Support Administrative Fund .............$1,809,500 | 19 | | Secretary of State Police Services Fund ...........$2,500 | 20 | | Medical Special Purposes Trust Fund ..............$20,400 | 21 | | Dram Shop Fund ...................................$57,200 | 22 | | Illinois State Dental Disciplinary Fund ...........$9,500 | 23 | | Cycle Rider Safety Training Fund .................$12,200 | 24 | | Traffic and Criminal Conviction Surcharge Fund ..$128,900 | 25 | | Design Professionals Administration | 26 | | and Investigation Fund ........................$7,300 |
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| 1 | | State Police Services Fund ......................$335,700 | 2 | | Metabolic Screening and Treatment Fund ...........$81,600 | 3 | | Insurance Producer Administration Fund ...........$77,000 | 4 | | Hearing Instrument Dispenser Examining | 5 | | and Disciplinary Fund .........................$1,900 | 6 | | Park and Conservation Fund ......................$361,500 | 7 | | Adeline Jay Geo-Karis Illinois Beach | 8 | | Marina Fund ..................................$42,800 | 9 | | Insurance Financial Regulation Fund .............$108,000 | 10 | | Total $13,033,200 | 11 | | (d-45) Notwithstanding any other provision of State law to | 12 | | the contrary and in addition to any other transfers that may be | 13 | | provided for by law, on July 1, 2011, or as soon as may be | 14 | | practical thereafter, the State Comptroller shall direct and | 15 | | the State Treasurer shall transfer the sum of $45,000,000 from | 16 | | the General Revenue Fund into the Workers' Compensation | 17 | | Revolving Fund. | 18 | | (e) The term "workers' compensation services" means | 19 | | services, claims expenses, and related administrative costs | 20 | | incurred in performing the duties under
Sections 405-105 and | 21 | | 405-411 of the Department of Central Management Services Law of | 22 | | the Civil Administrative Code of Illinois.
| 23 | | (Source: P.A. 96-45, eff. 7-15-09; 96-959, eff. 7-1-10; 97-641, | 24 | | eff. 12-19-11; 97-895, eff. 8-3-12.) | 25 | | Section 10. The Illinois Procurement Code is amended by |
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| 1 | | changing Section 45-57 as follows: | 2 | | (30 ILCS 500/45-57) | 3 | | Sec. 45-57. Veterans. | 4 | | (a) Set-aside goal. It is the goal of the State to promote | 5 | | and encourage the continued economic development of small | 6 | | businesses owned and controlled by qualified veterans and that | 7 | | qualified service-disabled veteran-owned small businesses | 8 | | (referred to as SDVOSB) and veteran-owned small businesses | 9 | | (referred to as VOSB) participate in the State's procurement | 10 | | process as both prime contractors and subcontractors. Not less | 11 | | than 3% of the total dollar amount of State contracts, as | 12 | | defined by the Director of Central Management Services, shall | 13 | | be established as a goal to be awarded to SDVOSB and VOSB. That
| 14 | | portion of a contract under which the contractor subcontracts
| 15 | | with a SDVOSB or VOSB may be counted toward the
goal of this | 16 | | subsection. The Department of Central Management Services | 17 | | shall adopt rules to implement compliance with this subsection | 18 | | by all State agencies. | 19 | | (b) Fiscal year reports. By each September 1, each chief | 20 | | procurement officer shall report to the Department of Central | 21 | | Management Services on all of the following for the immediately | 22 | | preceding fiscal year, and by each March 1 the Department of | 23 | | Central Management Services shall compile and report that | 24 | | information to the General Assembly: | 25 | | (1) The total number of VOSB, and the number of SDVOSB, |
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| 1 | | who submitted bids for contracts under this Code. | 2 | | (2) The total number of VOSB, and the number of SDVOSB, | 3 | | who entered into contracts with the State under this Code | 4 | | and the total value of those contracts. | 5 | | (c) Yearly review and recommendations. Each year, each | 6 | | chief procurement officer shall review the progress of all | 7 | | State agencies under its jurisdiction in meeting the goal | 8 | | described in subsection (a), with input from statewide | 9 | | veterans' service organizations and from the business | 10 | | community, including businesses owned by qualified veterans, | 11 | | and shall make recommendations to be included in the Department | 12 | | of Central Management Services' report to the General Assembly | 13 | | regarding continuation, increases, or decreases of the | 14 | | percentage goal. The recommendations shall be based upon the | 15 | | number of businesses that are owned by qualified veterans and | 16 | | on the continued need to encourage and promote businesses owned | 17 | | by qualified veterans. | 18 | | (d) Governor's recommendations. To assist the State in | 19 | | reaching the goal described in subsection (a), the Governor | 20 | | shall recommend to the General Assembly changes in programs to | 21 | | assist businesses owned by qualified veterans. | 22 | | (e) Definitions. As used in this Section: | 23 | | "Armed forces of the United States" means the United States | 24 | | Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | 25 | | active duty as defined under 38 U.S.C. Section 101. Service in | 26 | | the Merchant Marine that constitutes active duty under Section |
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| 1 | | 401 of federal Public Act 95-202 shall also be considered | 2 | | service in the armed forces for purposes of this Section. | 3 | | "Certification" means a determination made by the Illinois | 4 | | Department of Veterans' Affairs and the Department of Central | 5 | | Management Services that a business entity is a qualified | 6 | | service-disabled veteran-owned small business or a qualified | 7 | | veteran-owned small business for whatever purpose. A SDVOSB or | 8 | | VOSB owned and controlled by females, minorities, or persons | 9 | | with disabilities, as those terms are defined in Section 2 of | 10 | | the Business Enterprise for Minorities, Females, and Persons | 11 | | with Disabilities Act, may also shall select and designate | 12 | | whether that business is to be certified as a "female-owned | 13 | | business", "minority-owned business", or "business owned by a | 14 | | person with a disability", as defined in Section 2 of the | 15 | | Business Enterprise for Minorities, Females, and Persons with | 16 | | Disabilities Act , or as a qualified SDVOSB or qualified VOSB | 17 | | under this Section . | 18 | | "Control" means the exclusive, ultimate, majority, or sole | 19 | | control of the business, including but not limited to capital | 20 | | investment and all other financial matters, property, | 21 | | acquisitions, contract negotiations, legal matters, | 22 | | officer-director-employee selection and comprehensive hiring, | 23 | | operation responsibilities, cost-control matters, income and | 24 | | dividend matters, financial transactions, and rights of other | 25 | | shareholders or joint partners. Control shall be real, | 26 | | substantial, and continuing, not pro forma. Control shall |
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| 1 | | include the power to direct or cause the direction of the | 2 | | management and policies of the business and to make the | 3 | | day-to-day as well as major decisions in matters of policy, | 4 | | management, and operations. Control shall be exemplified by | 5 | | possessing the requisite knowledge and expertise to run the | 6 | | particular business, and control shall not include simple | 7 | | majority or absentee ownership. | 8 | | "Qualified service-disabled veteran" means a
veteran who | 9 | | has been found to have 10% or more service-connected disability | 10 | | by the United States Department of Veterans Affairs or the | 11 | | United States Department of Defense. | 12 | | "Qualified service-disabled veteran-owned small business" | 13 | | or "SDVOSB" means a small business (i) that is at least 51% | 14 | | owned by one or more qualified service-disabled veterans living | 15 | | in Illinois or, in the case of a corporation, at least 51% of | 16 | | the stock of which is owned by one or more qualified | 17 | | service-disabled veterans living in Illinois; (ii) that has its | 18 | | home office in Illinois; and (iii) for which items (i) and (ii) | 19 | | are factually verified annually by the Department of Central | 20 | | Management Services. | 21 | | "Qualified veteran-owned small business" or "VOSB" means a | 22 | | small business (i) that is at least 51% owned by one or more | 23 | | qualified veterans living in Illinois or, in the case of a | 24 | | corporation, at least 51% of the stock of which is owned by one | 25 | | or more qualified veterans living in Illinois; (ii) that has | 26 | | its home office in Illinois; and (iii) for which items (i) and |
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| 1 | | (ii) are factually verified annually by the Department of | 2 | | Central Management Services. | 3 | | "Service-connected disability" means a disability incurred | 4 | | in the line of duty in the active military, naval, or air | 5 | | service as described in 38 U.S.C. 101(16). | 6 | | "Small business" means a business that has annual gross | 7 | | sales of less than $75,000,000 as evidenced by the federal | 8 | | income tax return of the business. A firm with gross sales in | 9 | | excess of this cap may apply to the Department of Central | 10 | | Management Services for certification for a particular | 11 | | contract if the firm can demonstrate that the contract would | 12 | | have significant impact on SDVOSB or VOSB as suppliers or | 13 | | subcontractors or in employment of veterans or | 14 | | service-disabled veterans. | 15 | | "State agency" has the same meaning as in Section 2 of the | 16 | | Business Enterprise for Minorities, Females, and Persons with | 17 | | Disabilities Act. | 18 | | "Time of hostilities with a foreign country" means any | 19 | | period of time in the past, present, or future during which a | 20 | | declaration of war by the United States Congress has been or is | 21 | | in effect or during which an emergency condition has been or is | 22 | | in effect that is recognized by the issuance of a Presidential | 23 | | proclamation or a Presidential executive order and in which the | 24 | | armed forces expeditionary medal or other campaign service | 25 | | medals are awarded according to Presidential executive order. | 26 | | "Veteran" means a person who (i) has been a member of the |
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| 1 | | armed forces of the United States or, while a citizen of the | 2 | | United States, was a member of the armed forces of allies of | 3 | | the United States in time of hostilities with a foreign country | 4 | | and (ii) has served under one or more of the following | 5 | | conditions: (a) the veteran served a total of at least 6 | 6 | | months; (b) the veteran served for the duration of hostilities | 7 | | regardless of the length of the engagement; (c) the veteran was | 8 | | discharged on the basis of hardship; or (d) the veteran was | 9 | | released from active duty because of a service connected | 10 | | disability and was discharged under honorable conditions. | 11 | | (f) Certification program. The Illinois Department of | 12 | | Veterans' Affairs and the Department of Central Management | 13 | | Services shall work together to devise a certification | 14 | | procedure to assure that businesses taking advantage of this | 15 | | Section are legitimately classified as qualified | 16 | | service-disabled veteran-owned small businesses or qualified | 17 | | veteran-owned small businesses.
| 18 | | (g) Penalties. | 19 | | (1) Administrative penalties. The Department of | 20 | | Central Management Services shall suspend any person who | 21 | | commits a violation of Section 17-10.3 or subsection (d) of | 22 | | Section 33E-6 of the Criminal Code of 1961 or the Criminal | 23 | | Code of 2012 relating to this Section from bidding on, or | 24 | | participating as a contractor, subcontractor, or supplier | 25 | | in, any State contract or project for a period of not less | 26 | | than 3 years, and, if the person is certified as a |
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| 1 | | service-disabled veteran-owned small business or a | 2 | | veteran-owned small business, then the Department shall | 3 | | revoke the business's certification for a period of not | 4 | | less than 3 years. An additional or subsequent violation | 5 | | shall extend the periods of suspension and revocation for a | 6 | | period of not less than 5 years. The suspension and | 7 | | revocation shall apply to the principals of the business | 8 | | and any subsequent business formed or financed by, or | 9 | | affiliated with, those principals. | 10 | | (2) Reports of violations. Each State agency shall | 11 | | report any alleged violation of Section 17-10.3 or | 12 | | subsection (d) of Section 33E-6 of the Criminal Code of | 13 | | 1961 or the Criminal Code of 2012 relating to this Section | 14 | | to the Department of Central Management Services. The | 15 | | Department of Central Management Services shall | 16 | | subsequently report all such alleged violations to the | 17 | | Attorney General, who shall determine whether to bring a | 18 | | civil action against any person for the violation. | 19 | | (3) List of suspended persons. The Department of | 20 | | Central Management Services shall monitor the status of all | 21 | | reported violations of Section 17-10.3 or subsection (d) of | 22 | | Section 33E-6 of the Criminal Code of 1961 or the Criminal | 23 | | Code of 2012 relating to this Section and shall maintain | 24 | | and make available to all State agencies a central listing | 25 | | of all persons that committed violations resulting in | 26 | | suspension. |
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| 1 | | (4) Use of suspended persons. During the period of a | 2 | | person's suspension under paragraph (1) of this | 3 | | subsection, a State agency shall not enter into any | 4 | | contract with that person or with any contractor using the | 5 | | services of that person as a subcontractor. | 6 | | (5) Duty to check list. Each State agency shall check | 7 | | the central listing provided by the Department of Central | 8 | | Management Services under paragraph (3) of this subsection | 9 | | to verify that a person being awarded a contract by that | 10 | | State agency, or to be used as a subcontractor or supplier | 11 | | on a contract being awarded by that State agency, is not | 12 | | under suspension pursuant to paragraph (1) of this | 13 | | subsection. | 14 | | (Source: P.A. 96-96, eff. 1-1-10; 97-260, eff. 8-5-11; 97-1150, | 15 | | eff. 1-25-13.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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