HB5513 EnrolledLRB103 39491 MXP 69687 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Governor's Office of Management and Budget
5Act is amended by adding Section 2.14 as follows:
 
6    (20 ILCS 3005/2.14 new)
7    Sec. 2.14. Annual Comprehensive Financial Report Internal
8Control Unit. As used in this Section:
9    "ACFR" means the State Annual Comprehensive Financial
10Report.
11    There is created within the Governor's Office of
12Management and Budget an ACFR Internal Control Unit, which
13shall advise and assist the Director in coordinating the audit
14of the State Annual Comprehensive Financial Report on behalf
15of the Governor. The ACFR Internal Control Unit may develop
16policies, plans, and programs to be used by the Office for the
17coordination of the financial audit and may advise and assist
18State agencies, as defined in the Illinois State Auditing Act
19and under the jurisdiction of the Governor, in improving
20internal controls related to the State's financial statements
21and reporting. The ACFR Internal Control Unit is authorized to
22direct State agencies under the jurisdiction of the Governor
23in the adoption of internal control procedures and

 

 

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1documentation necessary to address internal control
2deficiencies or resolve ACFR audit findings, and to direct
3implementation of such corrective actions. Each State agency
4under the jurisdiction of the Governor shall furnish to the
5Office such information as the Office may from time to time
6require, and the Director or any duly authorized employee of
7the Office shall for the purpose of securing such information,
8have access to, and the right to examine and receive a copy of
9all documents, papers, reports, or records of any State agency
10under the jurisdiction of the Governor to assist in carrying
11out the Office's responsibilities under this Section.
 
12    Section 10. The Motor Fuel Tax Law is amended by changing
13Section 8b as follows:
 
14    (35 ILCS 505/8b)
15    Sec. 8b. Transportation Renewal Fund; creation;
16distribution of proceeds.
17    (a) The Transportation Renewal Fund is hereby created as a
18special fund in the State treasury. Moneys in the Fund shall be
19used as provided in this Section:
20        (1) 80% of the moneys in the Fund shall be used for
21    highway maintenance, highway construction, bridge repair,
22    congestion relief, and construction of aviation
23    facilities; of that 80%:
24            (A) the State Comptroller shall order transferred

 

 

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1        and the State Treasurer shall transfer 60% to the
2        State Construction Account Fund; those moneys shall be
3        used solely for construction, reconstruction,
4        improvement, repair, maintenance, operation, and
5        administration of highways and are limited to payments
6        made pursuant to design and construction contracts
7        awarded by the Department of Transportation;
8            (B) 40% shall be distributed by the Department of
9        Transportation to municipalities, counties, and road
10        districts of the State using the percentages set forth
11        in subdivisions (A), (B), (C), and (D) of paragraph
12        (2) of subsection (e) of Section 8; distributions to
13        particular municipalities, counties, and road
14        districts under this subdivision (B) shall be made
15        according to the allocation procedures described for
16        municipalities, counties, and road districts in
17        subsection (e) of Section 8 and shall be subject to the
18        same requirements and limitations described in that
19        subsection; and
20        (2) 20% of the moneys in the Fund shall be used for
21    projects related to rail facilities and mass transit
22    facilities, as defined in Section 2705-305 of the
23    Department of Transportation Law of the Civil
24    Administrative Code of Illinois, including rapid transit,
25    rail, high-speed rail, bus and other equipment in
26    connection with the State or a unit of local government,

 

 

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1    special district, municipal corporation, or other public
2    agency authorized to provide and promote public
3    transportation within the State; of that 20%:
4            (A) 90% shall be deposited into the Regional
5        Transportation Authority Capital Improvement Fund, a
6        special fund created in the State Treasury; moneys in
7        the Regional Transportation Authority Capital
8        Improvement Fund shall be used by the Regional
9        Transportation Authority for construction,
10        improvements, and deferred maintenance on mass transit
11        facilities and acquisition of buses and other
12        equipment; and
13            (B) 10% shall be deposited into the Downstate Mass
14        Transportation Capital Improvement Fund, a special
15        fund created in the State Treasury; moneys in the
16        Downstate Mass Transportation Capital Improvement Fund
17        shall be used by local mass transit districts other
18        than the Regional Transportation Authority for
19        construction, improvements, and deferred maintenance
20        on mass transit facilities and acquisition of buses
21        and other equipment.
22    (b) (Blank). Beginning on July 1, 2020, the Auditor
23General shall conduct an annual financial audit of the
24obligations, expenditures, receipt, and use of the funds
25deposited into the Transportation Renewal Fund and provide
26specific recommendations to help ensure compliance with State

 

 

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1and federal statutes, rules, and regulations.
2(Source: P.A. 101-32, eff. 6-28-19; 101-604, eff. 12-13-19.)
 
3    (305 ILCS 5/15-6 rep.)
4    Section 15. The Illinois Public Aid Code is amended by
5repealing Section 15-6.
 
6    Section 20. The Mental Health and Developmental
7Disabilities Code is amended by changing Sections 5-107 and
85-107.1 as follows:
 
9    (405 ILCS 5/5-107)  (from Ch. 91 1/2, par. 5-107)
10    Sec. 5-107. Remittances from intermediary agencies under
11Title XVIII of the Federal Social Security Act for services to
12persons in State facilities shall be deposited with the State
13Treasurer and placed in the Mental Health Fund. Payments
14received from the Department of Healthcare and Family Services
15under Title XIX of the Federal Social Security Act for
16services to persons in State facilities shall be deposited
17with the State Treasurer and shall be placed in the General
18Revenue Fund.
19    The Auditor General shall audit or cause to be audited all
20amounts collected by the Department.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    (405 ILCS 5/5-107.1)  (from Ch. 91 1/2, par. 5-107.1)

 

 

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1    Sec. 5-107.1. Remittances from or on behalf of licensed
2long-term care facilities through Department of Healthcare and
3Family Services reimbursement and monies from other funds for
4Day Training Programs for clients with a developmental
5disability shall be deposited with the State Treasurer and
6placed in the Mental Health Fund.
7    The Auditor General shall audit or cause to be audited all
8amounts collected by the Department.
9(Source: P.A. 95-331, eff. 8-21-07.)
 
10    Section 25. The Workers' Compensation Act is amended by
11changing Section 4a-7 as follows:
 
12    (820 ILCS 305/4a-7)  (from Ch. 48, par. 138.4a-7)
13    Sec. 4a-7. (a) The Commission may upon direction of the
14Board from time to time assess each of the private
15self-insurers a pro rata share of the funding reasonably
16necessary to carry out its activities under Sections 4a-1
17through 4a-9. The prorations shall be made on the basis of each
18self-insured's most recent payment into the rate adjustment
19fund under Section 7(f) of this Act. In no event shall a
20private self-insurer be assessed at one time in excess of .6%
21of the compensation paid by that private self-insurer during
22the previous calendar year for claims incurred as a
23self-insurer. Total assessments against it in any calendar
24year shall not exceed 1.2% of the compensation it has paid

 

 

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1during the previous calendar year as a self-insurer for claims
2incurred. Funds obtained by such assessments shall be used
3only for the purposes set forth in Sections 4a-1 through 4a-9,
4and shall be deposited upon receipt by the Commission into the
5Self-Insurers Security Fund. If payment of any assessment made
6under this subsection is not made within 30 days of the sending
7of the notice to the private self-insurer, the Commission at
8the direction of the Board shall proceed in circuit court for
9judgment against that private self-insurer which judgment
10shall include the amount of the assessment, the costs of suit,
11interest and reasonable attorneys' fees.
12    (b) A private self-insurer which ceases to be a
13self-insurer shall be liable for any and all assessments made
14pursuant to this Section during the period following the date
15its certificate of authority to self-insure is withdrawn,
16revoked or surrendered until such time as it has discharged
17all obligations to pay compensation which arose during the
18period of time said former self-insurer was self-insured.
19Assessments of such a former private self-insurer shall be
20based on the compensation paid by the former private
21self-insurer during the preceding calendar year on claims that
22arose during the period of time said former private
23self-insurer was self-insured.
24    (c) An The Board on behalf of the Commission shall
25annually contract for an independent certified audit of the
26financial activities of the Fund, and an annual report as of

 

 

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1June 30 shall be submitted promptly by the Board to the
2Chairman of the Illinois Workers' Compensation Commission and
3to each Trustee. Written reports of all activities shall be
4submitted to the Commission by the Board on a monthly basis.
5    (d) If there are monies remaining in the Fund after all
6outstanding obligations of all insolvent self-insurers have
7been satisfied and the costs of administration and defense
8have been paid, such amounts shall be returned by the
9Commission from the Fund as directed by the Board to the then
10private self-insurers in that proportion which each said
11private self-insurer has contributed to the Fund one year
12thereafter, provided no outstanding liabilities remain against
13the Fund.
14    (e) Each private self-insurer shall be subject to the
15direction of the Commission as provided in Sections 4a-1
16through 4a-9 as a condition of obtaining and maintaining its
17certificate of authority to self-insure.
18(Source: P.A. 102-910, eff. 5-27-22.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.