Full Text of HB2408 98th General Assembly
HB2408sam001 98TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 5/8/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2408
| 2 | | AMENDMENT NO. ______. Amend House Bill 2408 by replacing | 3 | | everything after the enacting clause with the following:
| 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; |
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| 1 | | (2) federal funds received by the Department of Central | 2 | | Management Services (the "Department") as a result of | 3 | | expenditures from the Fund; | 4 | | (3) interest earned on moneys in the Fund; | 5 | | (4) receipts or inter-fund transfers resulting from | 6 | | billings issued to State agencies and universities for the | 7 | | cost of workers' compensation services that are not | 8 | | compensated through the specific fund transfers authorized | 9 | | by this Section, if any; | 10 | | (5) amounts received from a State agency or university | 11 | | for workers' compensation payments for temporary total | 12 | | disability, as provided in Section 405-105 of the | 13 | | Department of Central Management Services Law of the Civil | 14 | | Administrative Code of Illinois; and | 15 | | (6) amounts recovered through subrogation in workers' | 16 | | compensation and workers' occupational disease cases. | 17 | | (b) Moneys in the Fund may be used by the Department for | 18 | | reimbursement or payment for: | 19 | | (1) providing workers' compensation services to State | 20 | | agencies and State universities; or | 21 | | (2) providing for payment of administrative and other | 22 | | expenses (and, beginning January 1, 2013, fees and charges | 23 | | made pursuant to a contract with a private vendor) incurred | 24 | | in providing workers' compensation services. The | 25 | | Department, or any successor agency designated to enter | 26 | | into contracts with one or more private vendors for the |
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| 1 | | administration of the workers' compensation program for | 2 | | State employees pursuant to subsection 10b of Section | 3 | | 405-105 of the Department of Central Management Services | 4 | | Law of the Civil Administrative Code of Illinois, is | 5 | | authorized to establish one or more special funds, as | 6 | | separate accounts provided by any bank or banks as defined | 7 | | by the Illinois Banking Act or any savings and loan | 8 | | association or associations as defined by the Illinois | 9 | | Savings and Loan Act of 1985, to be held by the Director | 10 | | outside of the State treasury, for the purpose of receiving | 11 | | the transfer of moneys from the Workers' Compensation | 12 | | Revolving Fund. The Department may promulgate rules | 13 | | further defining the methodology for the transfers. Any | 14 | | interest earned by moneys in the funds or accounts shall be | 15 | | deposited into the Workers' Compensation Revolving Fund. | 16 | | The transferred moneys, and interest accrued thereon, | 17 | | shall be used exclusively for transfers to contracted | 18 | | private vendors or their financial institutions for | 19 | | payments to workers' compensation claimants and providers | 20 | | for workers' compensation services, claims, and benefits | 21 | | pursuant to this Section and subsection 9 of Section | 22 | | 405-105 of the Department of Central Management Services | 23 | | Law of the Civil Administrative Code of Illinois. The | 24 | | transferred moneys, and interest accrued thereon, shall | 25 | | not be used for any other purpose including, but not | 26 | | limited to, reimbursement or payment of administrative |
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| 1 | | fees due the contracted vendor pursuant to its contract or | 2 | | contracts with the Department. | 3 | | (c) State agencies may direct the Comptroller to process | 4 | | inter-fund
transfers or make payment through the voucher and | 5 | | warrant process to the Workers' Compensation Revolving Fund in | 6 | | satisfaction of billings issued under subsection (a) of this | 7 | | Section. | 8 | | (d) Reconciliation. For the fiscal year beginning on July | 9 | | 1, 2004 only, the Director of Central Management Services (the | 10 | | "Director") shall order that each State agency's payments and | 11 | | transfers made to the Fund be reconciled with actual Fund costs | 12 | | for workers' compensation services provided by the Department | 13 | | and attributable to the State agency and relevant fund on no | 14 | | less than an annual basis. The Director may require reports | 15 | | from State agencies as deemed necessary to perform this | 16 | | reconciliation. | 17 | | (d-5) Notwithstanding any other provision of State law to | 18 | | the contrary, on or after July 1, 2005 and until June 30, 2006, | 19 | | in addition to any other transfers that may be provided for by | 20 | | law, at the direction of and upon notification of the Director | 21 | | of Central Management Services, the State Comptroller shall | 22 | | direct and the State Treasurer shall transfer amounts into the | 23 | | Workers' Compensation Revolving Fund from the designated funds | 24 | | not exceeding the following totals: | 25 | | Mental Health Fund ............................$17,694,000 | 26 | | Statistical Services Revolving Fund ............$1,252,600 |
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| 1 | | Department of Corrections Reimbursement | 2 | | and Education Fund .........................$1,198,600 | 3 | | Communications Revolving Fund ....................$535,400 | 4 | | Child Support Administrative Fund ................$441,900 | 5 | | Health Insurance Reserve Fund ....................$238,900 | 6 | | Fire Prevention Fund .............................$234,100 | 7 | | Park and Conservation Fund .......................$142,000 | 8 | | Motor Fuel Tax Fund ..............................$132,800 | 9 | | Illinois Workers' Compensation | 10 | | Commission Operations Fund ...................$123,900 | 11 | | State Boating Act Fund ...........................$112,300 | 12 | | Public Utility Fund ..............................$106,500 | 13 | | State Lottery Fund ...............................$101,300 | 14 | | Traffic and Criminal Conviction | 15 | | Surcharge Fund ................................$88,500 | 16 | | State Surplus Property Revolving Fund .............$82,700 | 17 | | Natural Areas Acquisition Fund ....................$65,600 | 18 | | Securities Audit and Enforcement Fund .............$65,200 | 19 | | Agricultural Premium Fund .........................$63,400 | 20 | | Capital Development Fund ..........................$57,500 | 21 | | State Gaming Fund .................................$54,300 | 22 | | Underground Storage Tank Fund .....................$53,700 | 23 | | Illinois State Medical Disciplinary Fund ..........$53,000 | 24 | | Personal Property Tax Replacement Fund ............$53,000 | 25 | | General Professions Dedicated Fund ...............$51,900
| 26 | | Total $23,003,100
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| 1 | | (d-10) Notwithstanding any other provision of State law to | 2 | | the contrary and in addition to any other transfers that may be | 3 | | provided for by law, on the first day of each calendar quarter | 4 | | of the fiscal year beginning July 1, 2005, or as soon as may be | 5 | | practical thereafter, the State Comptroller shall direct and | 6 | | the State Treasurer shall transfer from each designated fund | 7 | | into the Workers' Compensation Revolving Fund amounts equal to | 8 | | one-fourth of each of the following totals: | 9 | | General Revenue Fund ......................... $34,000,000 | 10 | | Road Fund .................................... $25,987,000 | 11 | | Total $59,987,000
| 12 | | (d-12) Notwithstanding any other provision of State law to | 13 | | the contrary and in addition to any other transfers that may be | 14 | | provided for by law, on the effective date of this amendatory | 15 | | Act of the 94th General Assembly, or as soon as may be | 16 | | practical thereafter, the State Comptroller shall direct and | 17 | | the State Treasurer shall transfer from each designated fund | 18 | | into the Workers' Compensation Revolving Fund the following | 19 | | amounts: | 20 | | General Revenue Fund ..........................$10,000,000 | 21 | | Road Fund ......................................$5,000,000 | 22 | | Total $15,000,000
| 23 | | (d-15) Notwithstanding any other provision of State law to | 24 | | the contrary and in addition to any other transfers that may be | 25 | | provided for by law, on July 1, 2006, or as soon as may be | 26 | | practical thereafter, the State Comptroller shall direct and |
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| 1 | | the State Treasurer shall transfer from each designated fund | 2 | | into the Workers' Compensation Revolving Fund the following | 3 | | amounts: | 4 | | General Revenue Fund .........................$44,028,200
| 5 | | Road Fund ....................................$28,084,000
| 6 | | Total $72,112,200
| 7 | | (d-20) Notwithstanding any other provision of State law to | 8 | | the contrary, on or after July 1, 2006 and until June 30, 2007, | 9 | | in addition to any other transfers that may be provided for by | 10 | | law, at the direction of and upon notification of the Director | 11 | | of Central Management Services, the State Comptroller shall | 12 | | direct and the State Treasurer shall transfer amounts into the | 13 | | Workers' Compensation Revolving Fund from the designated funds | 14 | | not exceeding the following totals: | 15 | | Mental Health Fund ............................$19,121,800 | 16 | | Statistical Services Revolving Fund ............$1,353,700 | 17 | | Department of Corrections Reimbursement | 18 | | and Education Fund .........................$1,295,300 | 19 | | Communications Revolving Fund ....................$578,600 | 20 | | Child Support Administrative Fund ................$477,600 | 21 | | Health Insurance Reserve Fund ....................$258,200 | 22 | | Fire Prevention Fund .............................$253,000 | 23 | | Park and Conservation Fund .......................$153,500 | 24 | | Motor Fuel Tax Fund ..............................$143,500 | 25 | | Illinois Workers' Compensation | 26 | | Commission Operations Fund ...................$133,900 |
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| 1 | | State Boating Act Fund ...........................$121,400 | 2 | | Public Utility Fund ..............................$115,100 | 3 | | State Lottery Fund ...............................$109,500 | 4 | | Traffic and Criminal Conviction Surcharge Fund ....$95,700 | 5 | | State Surplus Property Revolving Fund .............$89,400 | 6 | | Natural Areas Acquisition Fund ....................$70,800 | 7 | | Securities Audit and Enforcement Fund .............$70,400 | 8 | | Agricultural Premium Fund .........................$68,500 | 9 | | State Gaming Fund .................................$58,600 | 10 | | Underground Storage Tank Fund .....................$58,000 | 11 | | Illinois State Medical Disciplinary Fund ..........$57,200 | 12 | | Personal Property Tax Replacement Fund ............$57,200 | 13 | | General Professions Dedicated Fund ...............$56,100
| 14 | | Total $24,797,000
| 15 | | (d-25) Notwithstanding any other provision of State law to | 16 | | the contrary and in addition to any other transfers that may be | 17 | | provided for by law, on July 1, 2009, or as soon as may be | 18 | | practical thereafter, the State Comptroller shall direct and | 19 | | the State Treasurer shall transfer from each designated fund | 20 | | into the Workers' Compensation Revolving Fund the following | 21 | | amounts: | 22 | | General Revenue Fund .........................$55,000,000 | 23 | | Road Fund ....................................$34,803,000 | 24 | | Total $89,803,000 | 25 | | (d-30) Notwithstanding any other provision of State law to | 26 | | the contrary, on or after July 1, 2009 and until June 30, 2010, |
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| 1 | | in addition to any other transfers that may be provided for by | 2 | | law, at the direction of and upon notification of the Director | 3 | | of Central Management Services, the State Comptroller shall | 4 | | direct and the State Treasurer shall transfer amounts into the | 5 | | Workers' Compensation Revolving Fund from the designated funds | 6 | | not exceeding the following totals: | 7 | | Food and Drug Safety Fund .........................$13,900 | 8 | | Teacher Certificate Fee Revolving Fund .............$6,500 | 9 | | Transportation Regulatory Fund ....................$14,500 | 10 | | Financial Institution Fund ........................$25,200 | 11 | | General Professions Dedicated Fund ................$25,300 | 12 | | Illinois Veterans' Rehabilitation Fund ............$64,600 | 13 | | State Boating Act Fund ...........................$177,100 | 14 | | State Parks Fund .................................$104,300 | 15 | | Lobbyist Registration Administration Fund .........$14,400 | 16 | | Agricultural Premium Fund .........................$79,100 | 17 | | Fire Prevention Fund .............................$360,200 | 18 | | Mental Health Fund .............................$9,725,200 | 19 | | Illinois State Pharmacy Disciplinary Fund ..........$5,600 | 20 | | Public Utility Fund ...............................$40,900 | 21 | | Radiation Protection Fund .........................$14,200 | 22 | | Firearm Owner's Notification Fund ..................$1,300 | 23 | | Solid Waste Management Fund .......................$74,100 | 24 | | Illinois Gaming Law Enforcement Fund ..............$17,800 | 25 | | Subtitle D Management Fund ........................$14,100 | 26 | | Illinois State Medical Disciplinary Fund ..........$26,500 |
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| 1 | | Facility Licensing Fund ...........................$11,700 | 2 | | Plugging and Restoration Fund ......................$9,100 | 3 | | Explosives Regulatory Fund .........................$2,300 | 4 | | Aggregate Operations Regulatory Fund ...............$5,000 | 5 | | Coal Mining Regulatory Fund ........................$1,900 | 6 | | Registered Certified Public Accountants' | 7 | | Administration and Disciplinary Fund ...........$1,500 | 8 | | Weights and Measures Fund .........................$56,100 | 9 | | Division of Corporations Registered | 10 | | Limited Liability Partnership Fund .............$3,900 | 11 | | Illinois School Asbestos Abatement Fund ...........$14,000 | 12 | | Secretary of State Special License Plate Fund .....$30,700 | 13 | | Capital Development Board Revolving Fund ..........$27,000 | 14 | | DCFS Children's Services Fund .....................$69,300 | 15 | | Asbestos Abatement Fund ...........................$17,200 | 16 | | Illinois Health Facilities Planning Fund ..........$26,800 | 17 | | Emergency Public Health Fund .......................$5,600 | 18 | | Nursing Dedicated and Professional Fund ...........$10,000 | 19 | | Optometric Licensing and Disciplinary | 20 | | Board Fund .....................................$1,600 | 21 | | Underground Resources Conservation | 22 | | Enforcement Fund ..............................$11,500 | 23 | | Drunk and Drugged Driving Prevention Fund .........$18,200 | 24 | | Long Term Care Monitor/Receiver Fund ..............$35,400 | 25 | | Community Water Supply Laboratory Fund .............$5,600 | 26 | | Securities Investors Education Fund ................$2,000 |
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| 1 | | Used Tire Management Fund .........................$32,400 | 2 | | Natural Areas Acquisition Fund ...................$101,200 | 3 | | Open Space Lands Acquisition | 4 | | and
Development Fund ..................$28,400 | 5 | | Working Capital Revolving Fund ...................$489,100 | 6 | | State Garage Revolving Fund ......................$791,900 | 7 | | Statistical Services Revolving Fund ............$3,984,700 | 8 | | Communications Revolving Fund ..................$1,432,800 | 9 | | Facilities Management Revolving Fund ...........$1,911,600 | 10 | | Professional Services Fund .......................$483,600 | 11 | | Motor Vehicle Review Board Fund ...................$15,000 | 12 | | Environmental Laboratory Certification Fund ........$3,000 | 13 | | Public Health Laboratory Services | 14 | | Revolving Fund .................................$2,500 | 15 | | Lead Poisoning Screening, Prevention, | 16 | | and Abatement Fund ............................$28,200 | 17 | | Securities Audit and Enforcement Fund ............$258,400 | 18 | | Department of Business Services | 19 | | Special Operations Fund ......................$111,900 | 20 | | Feed Control Fund .................................$20,800 | 21 | | Tanning Facility Permit Fund .......................$5,400 | 22 | | Plumbing Licensure and Program Fund ...............$24,400 | 23 | | Tax Compliance and Administration Fund ............$27,200 | 24 | | Appraisal Administration Fund ......................$2,400 | 25 | | Small Business Environmental Assistance Fund .......$2,200 | 26 | | Illinois State Fair Fund ..........................$31,400 |
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| 1 | | Secretary of State Special Services Fund .........$317,600 | 2 | | Department of Corrections Reimbursement | 3 | | and Education Fund ...........................$324,500 | 4 | | Health Facility Plan Review Fund ..................$31,200 | 5 | | Illinois Historic Sites Fund ......................$11,500 | 6 | | Attorney General Court Ordered and Voluntary | 7 | | Compliance Payment Projects Fund ..............$18,500 | 8 | | Public Pension Regulation Fund .....................$5,600 | 9 | | Illinois Charity Bureau Fund ......................$11,400 | 10 | | Renewable Energy Resources Trust Fund ..............$6,700 | 11 | | Energy Efficiency Trust Fund .......................$3,600 | 12 | | Pesticide Control Fund ............................$56,800 | 13 | | Attorney General Whistleblower Reward | 14 | | and Protection Fund ...........................$14,200 | 15 | | Partners for Conservation Fund ....................$36,900 | 16 | | Capital Litigation Trust Fund ........................$800 | 17 | | Motor Vehicle License Plate Fund ..................$99,700 | 18 | | Horse Racing Fund .................................$18,900 | 19 | | Death Certificate Surcharge Fund ..................$12,800 | 20 | | Auction Regulation Administration Fund ...............$500 | 21 | | Motor Carrier Safety Inspection Fund ..............$55,800 | 22 | | Assisted Living and Shared Housing | 23 | | Regulatory Fund ..................................$900 | 24 | | Illinois Thoroughbred Breeders Fund ................$9,200 | 25 | | Illinois Clean Water Fund .........................$42,300 | 26 | | Secretary of State DUI Administration Fund ........$16,100 |
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| 1 | | Child Support Administrative Fund ..............$1,037,900 | 2 | | Secretary of State Police Services Fund ............$1,200 | 3 | | Tourism Promotion Fund ............................$34,400 | 4 | | IMSA Income Fund ..................................$12,700 | 5 | | Presidential Library and Museum Operating Fund ....$83,000 | 6 | | Dram Shop Fund ....................................$44,500 | 7 | | Illinois State Dental Disciplinary Fund ............$5,700 | 8 | | Cycle Rider Safety Training Fund ...................$8,700 | 9 | | Traffic and Criminal Conviction Surcharge Fund ...$106,100 | 10 | | Design Professionals Administration | 11 | | and Investigation Fund .........................$4,500 | 12 | | State Police Services Fund .......................$276,100 | 13 | | Metabolic Screening and Treatment Fund ............$90,800 | 14 | | Insurance Producer Administration Fund ............$45,600 | 15 | | Coal Technology Development Assistance Fund .......$11,700 | 16 | | Hearing Instrument Dispenser Examining | 17 | | and Disciplinary Fund ..........................$1,900 | 18 | | Low-Level Radioactive Waste Facility | 19 | | Development and Operation Fund .................$1,000 | 20 | | Environmental Protection Permit and | 21 | | Inspection Fund ...............................$66,900 | 22 | | Park and Conservation Fund .......................$199,300 | 23 | | Local Tourism Fund .................................$2,400 | 24 | | Illinois Capital Revolving Loan Fund ..............$10,000 | 25 | | Large Business Attraction Fund .......................$100 | 26 | | Adeline Jay Geo-Karis Illinois Beach |
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| 1 | | Marina Fund ...................................$27,200 | 2 | | Public Infrastructure Construction | 3 | | Loan Revolving Fund ............................$1,700 | 4 | | Insurance Financial Regulation Fund ...............$69,200 | 5 | | Total $24,197,800 | 6 | | (d-35) 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 July 1, 2010, or as soon as may be | 9 | | practical thereafter, the State Comptroller shall direct and | 10 | | the State Treasurer shall transfer from each designated fund | 11 | | into the Workers' Compensation Revolving Fund the following | 12 | | amounts: | 13 | | General Revenue Fund .........................$55,000,000 | 14 | | Road Fund ....................................$50,955,300 | 15 | | Total $105,955,300 | 16 | | (d-40) Notwithstanding any other provision of State law to | 17 | | the contrary, on or after July 1, 2010 and until June 30, 2011, | 18 | | in addition to any other transfers that may be provided for by | 19 | | law, at the direction of and upon notification of the Director | 20 | | of Central Management Services, the State Comptroller shall | 21 | | direct and the State Treasurer shall transfer amounts into the | 22 | | Workers' Compensation Revolving Fund from the designated funds | 23 | | not exceeding the following totals: | 24 | | Food and Drug Safety Fund .........................$8,700 | 25 | | Financial Institution Fund .......................$44,500 | 26 | | General Professions Dedicated Fund ...............$51,400 |
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| 1 | | Live and Learn Fund ..............................$10,900 | 2 | | Illinois Veterans' Rehabilitation Fund ..........$106,000 | 3 | | State Boating Act Fund ..........................$288,200 | 4 | | State Parks Fund ................................$185,900 | 5 | | Wildlife and Fish Fund ........................$1,550,300 | 6 | | Lobbyist Registration Administration Fund ........$18,100 | 7 | | Agricultural Premium Fund .......................$176,100 | 8 | | Mental Health Fund ..............................$291,900 | 9 | | Firearm Owner's Notification Fund .................$2,300 | 10 | | Illinois Gaming Law Enforcement Fund .............$11,300 | 11 | | Illinois State Medical Disciplinary Fund .........$42,300 | 12 | | Facility Licensing Fund ..........................$14,200 | 13 | | Plugging and Restoration Fund ....................$15,600 | 14 | | Explosives Regulatory Fund ........................$4,800 | 15 | | Aggregate Operations Regulatory Fund ..............$6,000 | 16 | | Coal Mining Regulatory Fund .......................$7,200 | 17 | | Registered Certified Public Accountants' | 18 | | Administration and Disciplinary Fund ..........$1,900 | 19 | | Weights and Measures Fund .......................$105,200 | 20 | | Division of Corporations Registered | 21 | | Limited Liability Partnership Fund ............$5,300 | 22 | | Illinois School Asbestos Abatement Fund ..........$19,900 | 23 | | Secretary of State Special License Plate Fund ....$38,700 | 24 | | DCFS Children's Services Fund ...................$123,100 | 25 | | Illinois Health Facilities Planning Fund .........$29,700 | 26 | | Emergency Public Health Fund ......................$6,800 |
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| 1 | | Nursing Dedicated and Professional Fund ..........$13,500 | 2 | | Optometric Licensing and Disciplinary | 3 | | Board Fund ....................................$1,800 | 4 | | Underground Resources Conservation | 5 | | Enforcement Fund .............................$16,500 | 6 | | Mandatory Arbitration Fund ........................$5,400 | 7 | | Drunk and Drugged Driving Prevention Fund ........$26,400 | 8 | | Long Term Care Monitor/Receiver Fund .............$43,800 | 9 | | Securities Investors Education Fund ..............$28,500 | 10 | | Used Tire Management Fund .........................$6,300 | 11 | | Natural Areas Acquisition Fund ..................$185,000 | 12 | | Open Space Lands Acquisition and | 13 | | Development Fund .............................$46,800 | 14 | | Working Capital Revolving Fund ..................$741,500 | 15 | | State Garage Revolving Fund .....................$356,200 | 16 | | Statistical Services Revolving Fund ...........$1,775,900 | 17 | | Communications Revolving Fund ...................$630,600 | 18 | | Facilities Management Revolving Fund ............$870,800 | 19 | | Professional Services Fund ......................$275,500 | 20 | | Motor Vehicle Review Board Fund ..................$12,900 | 21 | | Public Health Laboratory Services | 22 | | Revolving Fund ................................$5,300 | 23 | | Lead Poisoning Screening, Prevention, | 24 | | and Abatement Fund ...........................$42,100 | 25 | | Securities Audit and Enforcement Fund ...........$162,700 | 26 | | Department of Business Services |
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| 1 | | Special Operations Fund .....................$143,700 | 2 | | Feed Control Fund ................................$32,300 | 3 | | Tanning Facility Permit Fund ......................$3,900 | 4 | | Plumbing Licensure and Program Fund ..............$32,600 | 5 | | Tax Compliance and Administration Fund ...........$48,400 | 6 | | Appraisal Administration Fund .....................$3,600 | 7 | | Illinois State Fair Fund .........................$30,200 | 8 | | Secretary of State Special Services Fund ........$214,400 | 9 | | Department of Corrections Reimbursement | 10 | | and Education Fund ..........................$438,300 | 11 | | Health Facility Plan Review Fund .................$29,900 | 12 | | Public Pension Regulation Fund ....................$9,900 | 13 | | Pesticide Control Fund ..........................$107,500 | 14 | | Partners for Conservation Fund ..................$189,300 | 15 | | Motor Vehicle License Plate Fund ................$143,800 | 16 | | Horse Racing Fund ................................$20,900 | 17 | | Death Certificate Surcharge Fund .................$16,800 | 18 | | Auction Regulation Administration Fund ............$1,000 | 19 | | Motor Carrier Safety Inspection Fund .............$56,800 | 20 | | Assisted Living and Shared Housing | 21 | | Regulatory Fund ...............................$2,200 | 22 | | Illinois Thoroughbred Breeders Fund ..............$18,100 | 23 | | Secretary of State DUI Administration Fund .......$19,800 | 24 | | Child Support Administrative Fund .............$1,809,500 | 25 | | Secretary of State Police Services Fund ...........$2,500 | 26 | | Medical Special Purposes Trust Fund ..............$20,400 |
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| 1 | | Dram Shop Fund ...................................$57,200 | 2 | | Illinois State Dental Disciplinary Fund ...........$9,500 | 3 | | Cycle Rider Safety Training Fund .................$12,200 | 4 | | Traffic and Criminal Conviction Surcharge Fund ..$128,900 | 5 | | Design Professionals Administration | 6 | | and Investigation Fund ........................$7,300 | 7 | | State Police Services Fund ......................$335,700 | 8 | | Metabolic Screening and Treatment Fund ...........$81,600 | 9 | | Insurance Producer Administration Fund ...........$77,000 | 10 | | Hearing Instrument Dispenser Examining | 11 | | and Disciplinary Fund .........................$1,900 | 12 | | Park and Conservation Fund ......................$361,500 | 13 | | Adeline Jay Geo-Karis Illinois Beach | 14 | | Marina Fund ..................................$42,800 | 15 | | Insurance Financial Regulation Fund .............$108,000 | 16 | | Total $13,033,200 | 17 | | (d-45) 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, 2011, or as soon as may be | 20 | | practical thereafter, the State Comptroller shall direct and | 21 | | the State Treasurer shall transfer the sum of $45,000,000 from | 22 | | the General Revenue Fund into the Workers' Compensation | 23 | | Revolving Fund. | 24 | | (e) The term "workers' compensation services" means | 25 | | services, claims expenses, and related administrative costs | 26 | | incurred in performing the duties under
Sections 405-105 and |
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| 1 | | 405-411 of the Department of Central Management Services Law of | 2 | | the Civil Administrative Code of Illinois.
| 3 | | (Source: P.A. 96-45, eff. 7-15-09; 96-959, eff. 7-1-10; 97-641, | 4 | | eff. 12-19-11; 97-895, eff. 8-3-12.) | 5 | | Section 10. The Illinois Procurement Code is amended by | 6 | | changing Section 45-57 as follows: | 7 | | (30 ILCS 500/45-57) | 8 | | Sec. 45-57. Veterans. | 9 | | (a) Set-aside goal. It is the goal of the State to promote | 10 | | and encourage the continued economic development of small | 11 | | businesses owned and controlled by qualified veterans and that | 12 | | qualified service-disabled veteran-owned small businesses | 13 | | (referred to as SDVOSB) and veteran-owned small businesses | 14 | | (referred to as VOSB) participate in the State's procurement | 15 | | process as both prime contractors and subcontractors. Not less | 16 | | than 3% of the total dollar amount of State contracts, as | 17 | | defined by the Director of Central Management Services, shall | 18 | | be established as a goal to be awarded to SDVOSB and VOSB. That
| 19 | | portion of a contract under which the contractor subcontracts
| 20 | | with a SDVOSB or VOSB may be counted toward the
goal of this | 21 | | subsection. The Department of Central Management Services | 22 | | shall adopt rules to implement compliance with this subsection | 23 | | by all State agencies. | 24 | | (b) Fiscal year reports. By each September 1, each chief |
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| 1 | | procurement officer shall report to the Department of Central | 2 | | Management Services on all of the following for the immediately | 3 | | preceding fiscal year, and by each March 1 the Department of | 4 | | Central Management Services shall compile and report that | 5 | | information to the General Assembly: | 6 | | (1) The total number of VOSB, and the number of SDVOSB, | 7 | | who submitted bids for contracts under this Code. | 8 | | (2) The total number of VOSB, and the number of SDVOSB, | 9 | | who entered into contracts with the State under this Code | 10 | | and the total value of those contracts. | 11 | | (c) Yearly review and recommendations. Each year, each | 12 | | chief procurement officer shall review the progress of all | 13 | | State agencies under its jurisdiction in meeting the goal | 14 | | described in subsection (a), with input from statewide | 15 | | veterans' service organizations and from the business | 16 | | community, including businesses owned by qualified veterans, | 17 | | and shall make recommendations to be included in the Department | 18 | | of Central Management Services' report to the General Assembly | 19 | | regarding continuation, increases, or decreases of the | 20 | | percentage goal. The recommendations shall be based upon the | 21 | | number of businesses that are owned by qualified veterans and | 22 | | on the continued need to encourage and promote businesses owned | 23 | | by qualified veterans. | 24 | | (d) Governor's recommendations. To assist the State in | 25 | | reaching the goal described in subsection (a), the Governor | 26 | | shall recommend to the General Assembly changes in programs to |
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| 1 | | assist businesses owned by qualified veterans. | 2 | | (e) Definitions. As used in this Section: | 3 | | "Armed forces of the United States" means the United States | 4 | | Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | 5 | | active duty as defined under 38 U.S.C. Section 101. Service in | 6 | | the Merchant Marine that constitutes active duty under Section | 7 | | 401 of federal Public Act 95-202 shall also be considered | 8 | | service in the armed forces for purposes of this Section. | 9 | | "Certification" means a determination made by the Illinois | 10 | | Department of Veterans' Affairs and the Department of Central | 11 | | Management Services that a business entity is a qualified | 12 | | service-disabled veteran-owned small business or a qualified | 13 | | veteran-owned small business for whatever purpose. A SDVOSB or | 14 | | VOSB owned and controlled by females, minorities, or persons | 15 | | with disabilities, as those terms are defined in Section 2 of | 16 | | the Business Enterprise for Minorities, Females, and Persons | 17 | | with Disabilities Act, may also shall select and designate | 18 | | whether that business is to be certified as a "female-owned | 19 | | business", "minority-owned business", or "business owned by a | 20 | | person with a disability", as defined in Section 2 of the | 21 | | Business Enterprise for Minorities, Females, and Persons with | 22 | | Disabilities Act , or as a qualified SDVOSB or qualified VOSB | 23 | | under this Section . | 24 | | "Control" means the exclusive, ultimate, majority, or sole | 25 | | control of the business, including but not limited to capital | 26 | | investment and all other financial matters, property, |
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| 1 | | acquisitions, contract negotiations, legal matters, | 2 | | officer-director-employee selection and comprehensive hiring, | 3 | | operation responsibilities, cost-control matters, income and | 4 | | dividend matters, financial transactions, and rights of other | 5 | | shareholders or joint partners. Control shall be real, | 6 | | substantial, and continuing, not pro forma. Control shall | 7 | | include the power to direct or cause the direction of the | 8 | | management and policies of the business and to make the | 9 | | day-to-day as well as major decisions in matters of policy, | 10 | | management, and operations. Control shall be exemplified by | 11 | | possessing the requisite knowledge and expertise to run the | 12 | | particular business, and control shall not include simple | 13 | | majority or absentee ownership. | 14 | | "Qualified service-disabled veteran" means a
veteran who | 15 | | has been found to have 10% or more service-connected disability | 16 | | by the United States Department of Veterans Affairs or the | 17 | | United States Department of Defense. | 18 | | "Qualified service-disabled veteran-owned small business" | 19 | | or "SDVOSB" means a small business (i) that is at least 51% | 20 | | owned by one or more qualified service-disabled veterans living | 21 | | in Illinois or, in the case of a corporation, at least 51% of | 22 | | the stock of which is owned by one or more qualified | 23 | | service-disabled veterans living in Illinois; (ii) that has its | 24 | | home office in Illinois; and (iii) for which items (i) and (ii) | 25 | | are factually verified annually by the Department of Central | 26 | | Management Services. |
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| 1 | | "Qualified veteran-owned small business" or "VOSB" means a | 2 | | small business (i) that is at least 51% owned by one or more | 3 | | qualified veterans living in Illinois or, in the case of a | 4 | | corporation, at least 51% of the stock of which is owned by one | 5 | | or more qualified veterans living in Illinois; (ii) that has | 6 | | its home office in Illinois; and (iii) for which items (i) and | 7 | | (ii) are factually verified annually by the Department of | 8 | | Central Management Services. | 9 | | "Service-connected disability" means a disability incurred | 10 | | in the line of duty in the active military, naval, or air | 11 | | service as described in 38 U.S.C. 101(16). | 12 | | "Small business" means a business that has annual gross | 13 | | sales of less than $75,000,000 as evidenced by the federal | 14 | | income tax return of the business. A firm with gross sales in | 15 | | excess of this cap may apply to the Department of Central | 16 | | Management Services for certification for a particular | 17 | | contract if the firm can demonstrate that the contract would | 18 | | have significant impact on SDVOSB or VOSB as suppliers or | 19 | | subcontractors or in employment of veterans or | 20 | | service-disabled veterans. | 21 | | "State agency" has the same meaning as in Section 2 of the | 22 | | Business Enterprise for Minorities, Females, and Persons with | 23 | | Disabilities Act. | 24 | | "Time of hostilities with a foreign country" means any | 25 | | period of time in the past, present, or future during which a | 26 | | declaration of war by the United States Congress has been or is |
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| 1 | | in effect or during which an emergency condition has been or is | 2 | | in effect that is recognized by the issuance of a Presidential | 3 | | proclamation or a Presidential executive order and in which the | 4 | | armed forces expeditionary medal or other campaign service | 5 | | medals are awarded according to Presidential executive order. | 6 | | "Veteran" means a person who (i) has been a member of the | 7 | | armed forces of the United States or, while a citizen of the | 8 | | United States, was a member of the armed forces of allies of | 9 | | the United States in time of hostilities with a foreign country | 10 | | and (ii) has served under one or more of the following | 11 | | conditions: (a) the veteran served a total of at least 6 | 12 | | months; (b) the veteran served for the duration of hostilities | 13 | | regardless of the length of the engagement; (c) the veteran was | 14 | | discharged on the basis of hardship; or (d) the veteran was | 15 | | released from active duty because of a service connected | 16 | | disability and was discharged under honorable conditions. | 17 | | (f) Certification program. The Illinois Department of | 18 | | Veterans' Affairs and the Department of Central Management | 19 | | Services shall work together to devise a certification | 20 | | procedure to assure that businesses taking advantage of this | 21 | | Section are legitimately classified as qualified | 22 | | service-disabled veteran-owned small businesses or qualified | 23 | | veteran-owned small businesses.
| 24 | | (g) Penalties. | 25 | | (1) Administrative penalties. The Department of | 26 | | Central Management Services shall suspend any person who |
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| 1 | | commits a violation of Section 17-10.3 or subsection (d) of | 2 | | Section 33E-6 of the Criminal Code of 1961 or the Criminal | 3 | | Code of 2012 relating to this Section from bidding on, or | 4 | | participating as a contractor, subcontractor, or supplier | 5 | | in, any State contract or project for a period of not less | 6 | | than 3 years, and, if the person is certified as a | 7 | | service-disabled veteran-owned small business or a | 8 | | veteran-owned small business, then the Department shall | 9 | | revoke the business's certification for a period of not | 10 | | less than 3 years. An additional or subsequent violation | 11 | | shall extend the periods of suspension and revocation for a | 12 | | period of not less than 5 years. The suspension and | 13 | | revocation shall apply to the principals of the business | 14 | | and any subsequent business formed or financed by, or | 15 | | affiliated with, those principals. | 16 | | (2) Reports of violations. Each State agency shall | 17 | | report any alleged violation of Section 17-10.3 or | 18 | | subsection (d) of Section 33E-6 of the Criminal Code of | 19 | | 1961 or the Criminal Code of 2012 relating to this Section | 20 | | to the Department of Central Management Services. The | 21 | | Department of Central Management Services shall | 22 | | subsequently report all such alleged violations to the | 23 | | Attorney General, who shall determine whether to bring a | 24 | | civil action against any person for the violation. | 25 | | (3) List of suspended persons. The Department of | 26 | | Central Management Services shall monitor the status of all |
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| 1 | | reported violations of Section 17-10.3 or subsection (d) of | 2 | | Section 33E-6 of the Criminal Code of 1961 or the Criminal | 3 | | Code of 2012 relating to this Section and shall maintain | 4 | | and make available to all State agencies a central listing | 5 | | of all persons that committed violations resulting in | 6 | | suspension. | 7 | | (4) Use of suspended persons. During the period of a | 8 | | person's suspension under paragraph (1) of this | 9 | | subsection, a State agency shall not enter into any | 10 | | contract with that person or with any contractor using the | 11 | | services of that person as a subcontractor. | 12 | | (5) Duty to check list. Each State agency shall check | 13 | | the central listing provided by the Department of Central | 14 | | Management Services under paragraph (3) of this subsection | 15 | | to verify that a person being awarded a contract by that | 16 | | State agency, or to be used as a subcontractor or supplier | 17 | | on a contract being awarded by that State agency, is not | 18 | | under suspension pursuant to paragraph (1) of this | 19 | | subsection. | 20 | | (Source: P.A. 96-96, eff. 1-1-10; 97-260, eff. 8-5-11; 97-1150, | 21 | | eff. 1-25-13.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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