Full Text of SB0366 96th General Assembly
SB0366ham001 96TH GENERAL ASSEMBLY
|
Rep. Michael J. Madigan
Filed: 4/2/2009
|
|
09600SB0366ham001 |
|
LRB096 06398 RCE 25056 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 366
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 366 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "ARTICLE 1. SHORT TITLE; PURPOSE
| 5 |
| Section 1-1. Short title. This Act may be cited as the | 6 |
| FY2009 Budget Implementation (Spring Supplemental) Act. | 7 |
| Section 1-5. Purpose. It is the purpose of this Act to make | 8 |
| changes in State programs that are necessary to implement the | 9 |
| Governor's Fiscal Year 2009 supplemental budget | 10 |
| recommendations as a result of enactment of the American | 11 |
| Recovery and Reinvestment Act of 2009.
| 12 |
| ARTICLE 5. FEDERAL RECOVERY
| 13 |
| Section 5-10. The State Finance Act is amended by changing |
|
|
|
09600SB0366ham001 |
- 2 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| Section 6z-52 as follows:
| 2 |
| (30 ILCS 105/6z-52)
| 3 |
| Sec. 6z-52. Drug Rebate Fund.
| 4 |
| (a) There is created in the State Treasury a special fund | 5 |
| to be known as
the Drug Rebate Fund.
| 6 |
| (b) The Fund is created for the purpose of receiving and | 7 |
| disbursing moneys
in accordance with this Section. | 8 |
| Disbursements from the Fund shall be made,
subject to | 9 |
| appropriation, only as follows:
| 10 |
| (1) For payments to pharmacies for reimbursement for | 11 |
| prescription drugs
provided to a recipient of aid under | 12 |
| Article V of the Illinois Public Aid Code
or the Children's | 13 |
| Health Insurance Program Act.
| 14 |
| (2) For reimbursement of moneys collected by the | 15 |
| Department of Healthcare and Family Services (formerly
| 16 |
| Illinois Department of
Public Aid) through error or | 17 |
| mistake.
| 18 |
| (3) For payments of any amounts that are reimbursable | 19 |
| to the federal
government resulting from a payment into | 20 |
| this Fund.
| 21 |
| (c) The Fund shall consist of the following:
| 22 |
| (1) Upon notification from the Director of Healthcare | 23 |
| and Family Services, the Comptroller
shall direct and the | 24 |
| Treasurer shall transfer the net State share (disregarding | 25 |
| the reduction in net State share attributable to the |
|
|
|
09600SB0366ham001 |
- 3 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| American Recovery and Reinvestment Act of 2009 or any other | 2 |
| federal economic stimulus program) of all moneys
received | 3 |
| by the Department of Healthcare and Family Services | 4 |
| (formerly Illinois Department of Public Aid) from drug | 5 |
| rebate agreements
with pharmaceutical manufacturers | 6 |
| pursuant to Title XIX of the federal Social
Security Act, | 7 |
| including any portion of the balance in the Public Aid | 8 |
| Recoveries
Trust Fund on July 1, 2001 that is attributable | 9 |
| to such receipts.
| 10 |
| (2) All federal matching funds received by the Illinois | 11 |
| Department as a
result of expenditures made by the | 12 |
| Department that are attributable to moneys
deposited in the | 13 |
| Fund.
| 14 |
| (3) Any premium collected by the Illinois Department | 15 |
| from participants
under a waiver approved by the federal | 16 |
| government relating to provision of
pharmaceutical | 17 |
| services.
| 18 |
| (4) All other moneys received for the Fund from any | 19 |
| other source,
including interest earned thereon.
| 20 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 21 |
| Section 5-15. The Illinois Public Aid Code is amended by | 22 |
| changing Section 5A-10 as follows: | 23 |
| (305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
| 24 |
| Sec. 5A-10. Applicability.
|
|
|
|
09600SB0366ham001 |
- 4 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| (a) The assessment imposed by Section 5A-2 shall not take | 2 |
| effect or shall
cease to be imposed, and
any moneys
remaining | 3 |
| in the Fund shall be refunded to hospital providers
in | 4 |
| proportion to the amounts paid by them, if:
| 5 |
| (1) The sum of the appropriations for State fiscal | 6 |
| years 2004 and 2005
from the
General Revenue Fund for | 7 |
| hospital payments
under the medical assistance program is | 8 |
| less than $4,500,000,000 or the appropriation for each of | 9 |
| State fiscal years 2006, 2007 and 2008 from the General | 10 |
| Revenue Fund for hospital payments under the medical | 11 |
| assistance program is less than $2,500,000,000 increased | 12 |
| annually to reflect any increase in the number of | 13 |
| recipients, or the annual appropriation for State fiscal | 14 |
| years 2009 through 2013, from the General Revenue Fund | 15 |
| combined with the Hospital Provider Fund as authorized in | 16 |
| Section 5A-8 for hospital payments under the medical | 17 |
| assistance program, is less than the amount appropriated | 18 |
| for State fiscal year 2009, adjusted annually to reflect | 19 |
| any change in the number of recipients , excluding State | 20 |
| fiscal year 2009 supplemental appropriations made | 21 |
| necessary by the enactment of the American Recovery and | 22 |
| Reinvestment Act of 2009 ; or
| 23 |
| (2) For State fiscal years prior to State fiscal year | 24 |
| 2009, the Department of Healthcare and Family Services | 25 |
| (formerly Department of Public Aid) makes changes in its | 26 |
| rules
that
reduce the hospital inpatient or outpatient |
|
|
|
09600SB0366ham001 |
- 5 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| payment rates, including adjustment
payment rates, in | 2 |
| effect on October 1, 2004, except for hospitals described | 3 |
| in
subsection (b) of Section 5A-3 and except for changes in | 4 |
| the methodology for calculating outlier payments to | 5 |
| hospitals for exceptionally costly stays, so long as those | 6 |
| changes do not reduce aggregate
expenditures below the | 7 |
| amount expended in State fiscal year 2005 for such
| 8 |
| services; or
| 9 |
| (2.1) For State fiscal years 2009 through 2013, the
| 10 |
| Department of Healthcare and Family Services adopts any | 11 |
| administrative rule change to reduce payment rates or | 12 |
| alters any payment methodology that reduces any payment | 13 |
| rates made to operating hospitals under the approved Title | 14 |
| XIX or Title XXI State plan in effect January 1, 2008 | 15 |
| except for: | 16 |
| (A) any changes for hospitals described in | 17 |
| subsection (b) of Section 5A-3; or | 18 |
| (B) any rates for payments made under this Article | 19 |
| V-A; or | 20 |
| (C) any changes proposed in State plan amendment | 21 |
| transmittal numbers 08-01, 08-02, 08-04, 08-06, and | 22 |
| 08-07; or | 23 |
| (3) The payments to hospitals required under Section | 24 |
| 5A-12 or Section 5A-12.2 are changed or
are
not eligible | 25 |
| for federal matching funds under Title XIX or XXI of the | 26 |
| Social
Security Act.
|
|
|
|
09600SB0366ham001 |
- 6 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| (b) The assessment imposed by Section 5A-2 shall not take | 2 |
| effect or
shall
cease to be imposed if the assessment is | 3 |
| determined to be an impermissible
tax under Title XIX
of the | 4 |
| Social Security Act. Moneys in the Hospital Provider Fund | 5 |
| derived
from assessments imposed prior thereto shall be
| 6 |
| disbursed in accordance with Section 5A-8 to the extent federal | 7 |
| financial participation is
not reduced due to the | 8 |
| impermissibility of the assessments, and any
remaining
moneys | 9 |
| shall be
refunded to hospital providers in proportion to the | 10 |
| amounts paid by them.
| 11 |
| (Source: P.A. 94-242, eff. 7-18-05; 95-331, eff. 8-21-07; | 12 |
| 95-859, eff. 8-19-08.)
| 13 |
| Section 5-20. The Environmental Protection Act is amended | 14 |
| by changing Sections 19.1, 19.3, and 19.4 as follows:
| 15 |
| (415 ILCS 5/19.1) (from Ch. 111 1/2, par. 1019.1)
| 16 |
| Sec. 19.1. Legislative findings. The General Assembly | 17 |
| finds:
| 18 |
| (a) that local government units require assistance in | 19 |
| financing the
construction of wastewater treatment works in | 20 |
| order to comply with the
State's program of environmental | 21 |
| protection and federally mandated
requirements;
| 22 |
| (b) that the federal Water Quality Act of 1987 provides an | 23 |
| important
source of grant awards to the State for providing | 24 |
| assistance to local
government units through the Water |
|
|
|
09600SB0366ham001 |
- 7 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| Pollution Control Loan Program;
| 2 |
| (c) that local government units and privately owned | 3 |
| community water
supplies require assistance in financing the | 4 |
| construction of their public
water supplies to comply with | 5 |
| State and federal drinking water laws and
regulations;
| 6 |
| (d) that the federal Safe Drinking Water Act ("SDWA"), P.L. | 7 |
| 93-523, as now or hereafter amended, provides an important | 8 |
| source of
capitalization grant awards to the State to provide | 9 |
| assistance to local
government units and privately owned | 10 |
| community water supplies through the
Public Water Supply Loan | 11 |
| Program;
| 12 |
| (e) that violations of State and federal drinking water | 13 |
| standards
threaten the public interest, safety, and welfare, | 14 |
| which demands that
the Illinois Environmental Protection | 15 |
| Agency expeditiously adopt
emergency rules to administer the | 16 |
| Public Water Supply Loan Program; and
| 17 |
| (f) that the General Assembly agrees with the conclusions | 18 |
| and
recommendations of the "Report to the Illinois General | 19 |
| Assembly on the Issue
of Expanding Public Water Supply Loan | 20 |
| Eligibility to Privately Owned Community
Water Supplies", | 21 |
| dated August 1998, including the stated access to the Public
| 22 |
| Water Supply Loan Program by the privately owned public water | 23 |
| supplies so that
the long term integrity and viability of the | 24 |
| corpus of the Fund will be
assured ; and .
| 25 |
| (g) that the American Recovery and Reinvestment Act of 2009 | 26 |
| provides a source of capitalization grant awards to the State |
|
|
|
09600SB0366ham001 |
- 8 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| to provide loans and additional subsidization, including, but | 2 |
| not limited to, forgiveness of principal, negative interest | 3 |
| loans, and grants, to local government units through the Water | 4 |
| Pollution Control Loan Program and to local government units | 5 |
| and privately owned community water supplies through the Public | 6 |
| Water Supply Loan Program. | 7 |
| (Source: P.A. 91-52, eff. 6-30-99; 91-501, eff.
8-13-99; | 8 |
| 92-651, eff. 7-11-02.)
| 9 |
| (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
| 10 |
| Sec. 19.3. Water Revolving Fund.
| 11 |
| (a) There is hereby created within the State Treasury a | 12 |
| Water Revolving
Fund, consisting of 3 interest-bearing special | 13 |
| programs to be known as the
Water Pollution Control Loan | 14 |
| Program, the Public Water Supply Loan Program, and
the Loan | 15 |
| Support Program, which shall be used and administered by the | 16 |
| Agency.
| 17 |
| (b) The Water Pollution Control Loan Program shall be used | 18 |
| and administered
by the Agency to provide assistance for the | 19 |
| following purposes:
| 20 |
| (1) to accept and retain funds from grant awards, | 21 |
| appropriations,
transfers, and payments of interest and | 22 |
| principal;
| 23 |
| (2) to make direct loans at or below market interest | 24 |
| rates to any
eligible local government unit to finance the | 25 |
| construction of wastewater
treatments works;
|
|
|
|
09600SB0366ham001 |
- 9 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| (2.5) with respect to funds provided under the American | 2 |
| Recovery and Reinvestment Act of 2009: | 3 |
| (A) to make direct loans at or below market | 4 |
| interest rates to any eligible local government unit | 5 |
| and to provide additional subsidization to any | 6 |
| eligible local government unit, including, but not | 7 |
| limited to, forgiveness of principal, negative | 8 |
| interest rates, and grants; | 9 |
| (B) to make direct loans at or below market | 10 |
| interest rates to any eligible local government unit to | 11 |
| buy or refinance debt obligations for treatment works | 12 |
| incurred on or after October 1, 2008; and | 13 |
| (C) to provide additional subsidization, | 14 |
| including, but not limited to, forgiveness of | 15 |
| principal, negative interest rates, and grants for | 16 |
| treatment works incurred on or after October 1, 2008;
| 17 |
| (3) to make direct loans at or below market interest | 18 |
| rates to any
eligible local government unit to buy or | 19 |
| refinance debt obligations for
treatment works incurred | 20 |
| after March 7, 1985;
| 21 |
| (3.5) to make direct loans at or below market interest | 22 |
| rates for the
implementation of a management program | 23 |
| established under Section 319 of the
Federal Water | 24 |
| Pollution Control Act, as amended;
| 25 |
| (4) to guarantee or purchase insurance for local | 26 |
| obligations
where such action would improve credit market |
|
|
|
09600SB0366ham001 |
- 10 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| access or reduce interest rates;
| 2 |
| (5) as a source of revenue or security for the payment | 3 |
| of principal and
interest on revenue or general obligation | 4 |
| bonds issued by the State or any
political subdivision or | 5 |
| instrumentality thereof, if the proceeds of such
bonds will | 6 |
| be deposited in the Fund;
| 7 |
| (6) to finance the reasonable costs incurred by the | 8 |
| Agency in the
administration of the Fund; and
| 9 |
| (7) to transfer funds to the Public Water Supply Loan | 10 |
| Program.
| 11 |
| (c) The Loan Support Program shall be used and administered | 12 |
| by the Agency
for the following purposes:
| 13 |
| (1) to accept and retain funds from grant awards and | 14 |
| appropriations;
| 15 |
| (2) to finance the reasonable costs incurred by the | 16 |
| Agency in the
administration of the Fund, including | 17 |
| activities under Title III of this
Act, including the | 18 |
| administration of the State
construction grant program;
| 19 |
| (3) to transfer funds to the Water Pollution Control | 20 |
| Loan
Program and the Public Water Supply Loan Program;
| 21 |
| (4) to accept and retain a portion of the loan | 22 |
| repayments;
| 23 |
| (5) to finance the development of the low interest loan
| 24 |
| program for public water supply projects;
| 25 |
| (6) to finance the reasonable costs incurred by the | 26 |
| Agency to provide
technical assistance for public water |
|
|
|
09600SB0366ham001 |
- 11 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| supplies; and
| 2 |
| (7) to finance the reasonable costs incurred by the | 3 |
| Agency for
public water system supervision programs, to | 4 |
| administer or provide for
technical assistance through | 5 |
| source water protection programs, to develop and
implement | 6 |
| a capacity development strategy, to delineate and assess | 7 |
| source water
protection areas, and for an operator | 8 |
| certification program in accordance with
Section 1452 of | 9 |
| the federal Safe Drinking Water Act.
| 10 |
| (d) The Public Water Supply Loan Program shall be used and | 11 |
| administered by
the Agency to provide assistance to local | 12 |
| government units and privately owned
community water supplies | 13 |
| for public water
supplies for the following public purposes:
| 14 |
| (1) to accept and retain funds from grant awards, | 15 |
| appropriations,
transfers, and payments of interest and | 16 |
| principal;
| 17 |
| (2) to make direct loans at or below market interest | 18 |
| rates to any eligible
local government unit or to any | 19 |
| eligible privately owned community water supply
to finance | 20 |
| the construction of water supplies;
| 21 |
| (2.5) with respect to funds provided under the American | 22 |
| Recovery and Reinvestment Act of 2009: | 23 |
| (A) to make direct loans at or below market | 24 |
| interest rates to any eligible local government unit or | 25 |
| to any eligible privately owned community water | 26 |
| supply, and to provide additional subsidization to any |
|
|
|
09600SB0366ham001 |
- 12 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| eligible local government unit or to any eligible | 2 |
| privately owned community water supply, including, but | 3 |
| not limited to, forgiveness of principal, negative | 4 |
| interest rates, and grants; | 5 |
| (B) to buy or refinance the debt obligation of a | 6 |
| local government unit for costs incurred on or after | 7 |
| October 1, 2008; and
| 8 |
| (C) to provide additional subsidization, | 9 |
| including, but not limited to, forgiveness of | 10 |
| principal, negative interest rates, and grants for a | 11 |
| local government unit for costs incurred on or after | 12 |
| October 1, 2008;
| 13 |
| (3) to buy or refinance the debt obligation of a local | 14 |
| government unit for
costs incurred on or after July 17, | 15 |
| 1997;
| 16 |
| (4) to guarantee local obligations where such action | 17 |
| would improve credit
market access or reduce interest | 18 |
| rates;
| 19 |
| (5) as a source of revenue or security for the payment | 20 |
| of principal and
interest on revenue or general obligation | 21 |
| bonds issued by the State or any
political subdivision or | 22 |
| instrumentality thereof, if the proceeds of such
bonds will | 23 |
| be deposited into the Fund; and
| 24 |
| (6) to transfer funds to the Water Pollution Control | 25 |
| Loan Program.
| 26 |
| (e) The Agency is designated as the administering agency of |
|
|
|
09600SB0366ham001 |
- 13 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| the Fund.
The Agency shall submit to the Regional Administrator | 2 |
| of the United States
Environmental Protection Agency an | 3 |
| intended use plan which outlines the
proposed use of funds | 4 |
| available to the State. The Agency shall take all
actions | 5 |
| necessary to secure to the State the benefits of the federal
| 6 |
| Water Pollution Control Act and the federal Safe Drinking Water | 7 |
| Act, as now
or hereafter amended.
| 8 |
| (f) The Agency shall have the power to enter into | 9 |
| intergovernmental
agreements with the federal government or | 10 |
| the State, or any instrumentality
thereof, for purposes of | 11 |
| capitalizing the Water Revolving Fund.
Moneys on deposit in the | 12 |
| Water Revolving Fund may be used for the
creation of reserve | 13 |
| funds or pledged funds that secure the obligations
of repayment | 14 |
| of loans made pursuant to this Section. For the purpose
of | 15 |
| obtaining capital for deposit into the Water Revolving Fund, | 16 |
| the
Agency may also enter into agreements with financial | 17 |
| institutions and other
persons for the purpose of selling loans | 18 |
| and developing a secondary market
for such loans. The Agency | 19 |
| shall have the power to create and establish such
reserve funds | 20 |
| and accounts as may be necessary or desirable to accomplish its
| 21 |
| purposes under this subsection and to allocate its available | 22 |
| moneys into such
funds and accounts. Investment earnings on | 23 |
| moneys held in the Water Revolving
Fund, including any reserve | 24 |
| fund or pledged fund, shall be deposited into the
Water | 25 |
| Revolving Fund.
| 26 |
| (Source: P.A. 92-16, 6-28-01; 93-170, eff. 7-10-03.)
|
|
|
|
09600SB0366ham001 |
- 14 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
| 2 |
| Sec. 19.4. Regulations; priorities.
| 3 |
| (a) The Agency shall have the authority to promulgate
| 4 |
| regulations to set forth procedures and criteria concerning | 5 |
| loan
applications. For units of local government, the | 6 |
| regulations shall
include, but need not be limited to, the | 7 |
| following elements:
| 8 |
| (1) loan application requirements;
| 9 |
| (2) determination of credit worthiness of the loan | 10 |
| applicant;
| 11 |
| (3) special loan terms, as necessary, for securing the | 12 |
| repayment of the
loan;
| 13 |
| (4) assurance of payment;
| 14 |
| (5) interest rates;
| 15 |
| (6) loan support rates;
| 16 |
| (7) impact on user charges;
| 17 |
| (8) eligibility of proposed construction;
| 18 |
| (9) priority of needs;
| 19 |
| (10) special loan terms for disadvantaged communities;
| 20 |
| (11) maximum limits on annual distributions of funds to | 21 |
| applicants
or groups of applicants;
| 22 |
| (12) penalties for noncompliance with loan | 23 |
| requirements and conditions,
including stop-work orders, | 24 |
| termination, and recovery of loan funds; and
| 25 |
| (13) indemnification of the State of Illinois and the |
|
|
|
09600SB0366ham001 |
- 15 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| Agency by the loan
recipient.
| 2 |
| (b) The Agency shall have the authority to promulgate | 3 |
| regulations to set
forth procedures and criteria concerning | 4 |
| loan applications for loan recipients
other than units of local | 5 |
| government. In addition to all of the elements
required for | 6 |
| units of local government under subsection (a), the regulations
| 7 |
| shall include, but need not be limited to, the following | 8 |
| elements:
| 9 |
| (1) types of security required for the loan;
| 10 |
| (2) types of collateral, as necessary, that can be | 11 |
| pledged for the loan;
and
| 12 |
| (3) staged access to fund privately owned community | 13 |
| water supplies.
| 14 |
| (c) The Agency shall develop and maintain a priority list | 15 |
| of loan
applicants as categorized by need.
Priority in making | 16 |
| loans from the Public Water Supply Loan Program must first
be | 17 |
| given to local government units and privately owned community | 18 |
| water supplies
that need to make capital improvements to
| 19 |
| protect human health and to achieve compliance with the State | 20 |
| and federal
primary drinking water standards adopted pursuant | 21 |
| to this Act and the federal
Safe Drinking Water Act, as now and | 22 |
| hereafter amended.
| 23 |
| (d) The Agency shall have the authority to promulgate | 24 |
| regulations to set forth procedures and criteria concerning | 25 |
| loan applications for funds provided under the American | 26 |
| Recovery and Reinvestment Act of 2009. In addition, due to time |
|
|
|
09600SB0366ham001 |
- 16 - |
LRB096 06398 RCE 25056 a |
|
| 1 |
| constraints in the American Recovery and Reinvestment Act of | 2 |
| 2009, the Agency shall adopt emergency rules as necessary to | 3 |
| allow the timely administration of funds provided under the | 4 |
| American Recovery and Reinvestment Act of 2009. Emergency rules | 5 |
| adopted under this subsection (d) shall be adopted in | 6 |
| accordance with Section 5-45 of the Illinois Administrative | 7 |
| Procedure Act. | 8 |
| (Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99;
91-501, | 9 |
| eff. 8-13-99; 92-16, eff. 6-28-01.)
| 10 |
| ARTICLE 10. RTA CLEAN/GREEN VEHICLES | 11 |
| Section 10-5. The Regional Transportation Authority Act is | 12 |
| amended by adding Section 2.32 as follows: | 13 |
| (70 ILCS 3615/2.32 new)
| 14 |
| Sec. 2.32. Clean/green vehicles. Any vehicles purchased | 15 |
| from funds made available to the Authority from the | 16 |
| Transportation Bond, Series B Fund must incorporate | 17 |
| clean/green technologies and alternative fuel technologies, to | 18 |
| the extent practical.
| 19 |
| ARTICLE 99. EFFECTIVE DATE
| 20 |
| Section 99-99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
|
|