Bill Text: IL HB2937 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Department of Central Management Services Law in a Section concerning business processing reengineering and efficient government planning to provide that specified cost savings may (rather than shall) be paid into the General Revenue Fund (rather than the Efficiency Initiative Revolving Fund). Amends the Department of Commerce and Economic Opportunity Law to repeal a Section concerning loans to qualified ex-offenders. Amends the Brownfields Redevelopment and Intermodal Promotion Act to correct references to the South Suburban Brownfields Redevelopment Fund. Amends the Department of Public Health Powers and Duties Law to repeal Sections concerning various Funds and grants. Amends the State Finance Act to repeal various Funds and make conforming changes. Repeals the Transportation Development Partnership Act. Amends the Illinois Income Tax Act to repeal Sections concerning Fund checkoffs. Amends the Counties Code, the Illinois Public Aid Code, and the Clerks of Courts Act to remove language concerning moneys to be deposited in specified Funds. Makes other changes in statutes concerning the use or repeal of specified Funds. Provides a State mandate exemption. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0275 [HB2937 Detail]

Download: Illinois-2019-HB2937-Chaptered.html



Public Act 101-0275
HB2937 EnrolledLRB101 08946 RJF 54036 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Section 405-292 as follows:
(20 ILCS 405/405-292)
Sec. 405-292. Business processing reengineering; planning
for a more efficient government.
(a) The Department shall be responsible for recommending to
the Governor efficiency initiatives to reorganize,
restructure, and reengineer the business processes of the
State. In performing this responsibility the Department shall
have the power and duty to do the following:
(1) propose the transfer, consolidation,
reorganization, restructuring, reengineering, or
elimination of programs, processes, or functions in order
to attain efficiency in operations and cost savings through
the efficiency initiatives;
(2) control the procurement of contracted services in
connection with the efficiency initiatives to assist in the
analysis, design, planning, and implementation of
proposals approved by the Governor to attain efficiency in
operations and cost savings; and
(3) establish the amount of cost savings to be realized
by State agencies from implementing the efficiency
initiatives, which may shall be paid at the direction of to
the Department for deposit into the General Revenue
Efficiency Initiatives Revolving Fund, except that any
cost savings realized by the Illinois Department of
Transportation shall be deposited into the State
Construction Account Fund.
(b) For the purposes of this Section, "State agencies"
means all departments, boards, commissions, and agencies of the
State of Illinois subject to the Governor.
(Source: P.A. 93-25, eff. 6-20-03; 94-139, eff. 7-7-05.)
(20 ILCS 605/605-416 rep.)
Section 10. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by repealing Section 605-416.
Section 15. The Brownfields Redevelopment and Intermodal
Promotion Act is amended by changing Sections 3-15 and 3-20 as
follows:
(20 ILCS 607/3-15)
Sec. 3-15. South Suburban Brownfields Redevelopment Zone
Fund. The South Suburban Brownfields Redevelopment Zone Fund is
created as a special fund in the State treasury. Upon
certification of the Department of Revenue following review of
the amounts contained in the quarter-annual report required
under paragraph 4 of Section 3-50 of this Act and subject to
the limits set forth in Section 3-25 of this Act, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the South Suburban
Brownfields Redevelopment Fund an amount equal to the
incremental income tax for the previous month attributable to
new employees at finished facilities on property that was
redeveloped as part of the South Suburban Brownfields
Redevelopment Zone. These revenues may be used to pay the
Managing Partner for its administrative expenses pursuant to
Section 3-45 of this Act or to reimburse Eligible Developers or
Eligible Employers for the cost of the activities detailed
under Section 3-45 of this Act for Projects being undertaken
within the South Suburban Brownfields Redevelopment Zone.
(Source: P.A. 98-109, eff. 7-25-13.)
(20 ILCS 607/3-20)
Sec. 3-20. South Suburban Brownfields Redevelopment Fund;
eligible projects. In State fiscal years 2015 through 2021, all
moneys in the South Suburban Brownfields Redevelopment Zone
Fund shall be held solely to fund eligible projects undertaken
pursuant to the provisions of Section 3-35 of this Act and
performed either directly by Cook County through a development
agreement with the Department, by an entity designated by Cook
County through a development agreement with the Department to
perform specific tasks, or by an Eligible Developer or an
Eligible Employer through a development agreement. All
Eligible Projects are subject to review and approval by the
Managing Partner and by the Department. The life span of the
Fund may be extended past 2026 by law.
(Source: P.A. 98-109, eff. 7-25-13.)
(20 ILCS 720/35 rep.)
Section 20. The Illinois Main Street Act is amended by
repealing Section 35.
(20 ILCS 2310/2310-352 rep.)
(20 ILCS 2310/2310-357 rep.)
(20 ILCS 2310/2310-359 rep.)
(20 ILCS 2310/2310-361 rep.)
(20 ILCS 2310/2310-399 rep.)
(20 ILCS 2310/2310-403 rep.)
(20 ILCS 2310/2310-612 rep.)
Section 25. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by repealing Sections 2310-352, 2310-357, 2310-359,
2310-361, 2310-399, 2310-403, and 2310-612.
(20 ILCS 3958/Act rep.)
Section 30. The I-FLY Act is repealed.
(25 ILCS 130/4-9 rep.)
Section 35. The Legislative Commission Reorganization Act
of 1984 is amended by repealing Section 4-9.
Section 40. The State Finance Act is amended by changing
Sections 13.2 and 25 as follows:
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
Sec. 13.2. Transfers among line item appropriations.
(a) Transfers among line item appropriations from the same
treasury fund for the objects specified in this Section may be
made in the manner provided in this Section when the balance
remaining in one or more such line item appropriations is
insufficient for the purpose for which the appropriation was
made.
(a-1) No transfers may be made from one agency to another
agency, nor may transfers be made from one institution of
higher education to another institution of higher education
except as provided by subsection (a-4).
(a-2) Except as otherwise provided in this Section,
transfers may be made only among the objects of expenditure
enumerated in this Section, except that no funds may be
transferred from any appropriation for personal services, from
any appropriation for State contributions to the State
Employees' Retirement System, from any separate appropriation
for employee retirement contributions paid by the employer, nor
from any appropriation for State contribution for employee
group insurance. During State fiscal year 2005, an agency may
transfer amounts among its appropriations within the same
treasury fund for personal services, employee retirement
contributions paid by employer, and State Contributions to
retirement systems; notwithstanding and in addition to the
transfers authorized in subsection (c) of this Section, the
fiscal year 2005 transfers authorized in this sentence may be
made in an amount not to exceed 2% of the aggregate amount
appropriated to an agency within the same treasury fund. During
State fiscal year 2007, the Departments of Children and Family
Services, Corrections, Human Services, and Juvenile Justice
may transfer amounts among their respective appropriations
within the same treasury fund for personal services, employee
retirement contributions paid by employer, and State
contributions to retirement systems. During State fiscal year
2010, the Department of Transportation may transfer amounts
among their respective appropriations within the same treasury
fund for personal services, employee retirement contributions
paid by employer, and State contributions to retirement
systems. During State fiscal years 2010 and 2014 only, an
agency may transfer amounts among its respective
appropriations within the same treasury fund for personal
services, employee retirement contributions paid by employer,
and State contributions to retirement systems.
Notwithstanding, and in addition to, the transfers authorized
in subsection (c) of this Section, these transfers may be made
in an amount not to exceed 2% of the aggregate amount
appropriated to an agency within the same treasury fund.
(a-2.5) During State fiscal year 2015 only, the State's
Attorneys Appellate Prosecutor may transfer amounts among its
respective appropriations contained in operational line items
within the same treasury fund. Notwithstanding, and in addition
to, the transfers authorized in subsection (c) of this Section,
these transfers may be made in an amount not to exceed 4% of
the aggregate amount appropriated to the State's Attorneys
Appellate Prosecutor within the same treasury fund.
(a-3) Further, if an agency receives a separate
appropriation for employee retirement contributions paid by
the employer, any transfer by that agency into an appropriation
for personal services must be accompanied by a corresponding
transfer into the appropriation for employee retirement
contributions paid by the employer, in an amount sufficient to
meet the employer share of the employee contributions required
to be remitted to the retirement system.
(a-4) Long-Term Care Rebalancing. The Governor may
designate amounts set aside for institutional services
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services to be
transferred to all State agencies responsible for the
administration of community-based long-term care programs,
including, but not limited to, community-based long-term care
programs administered by the Department of Healthcare and
Family Services, the Department of Human Services, and the
Department on Aging, provided that the Director of Healthcare
and Family Services first certifies that the amounts being
transferred are necessary for the purpose of assisting persons
in or at risk of being in institutional care to transition to
community-based settings, including the financial data needed
to prove the need for the transfer of funds. The total amounts
transferred shall not exceed 4% in total of the amounts
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services for each
fiscal year. A notice of the fund transfer must be made to the
General Assembly and posted at a minimum on the Department of
Healthcare and Family Services website, the Governor's Office
of Management and Budget website, and any other website the
Governor sees fit. These postings shall serve as notice to the
General Assembly of the amounts to be transferred. Notice shall
be given at least 30 days prior to transfer.
(b) In addition to the general transfer authority provided
under subsection (c), the following agencies have the specific
transfer authority granted in this subsection:
The Department of Healthcare and Family Services is
authorized to make transfers representing savings attributable
to not increasing grants due to the births of additional
children from line items for payments of cash grants to line
items for payments for employment and social services for the
purposes outlined in subsection (f) of Section 4-2 of the
Illinois Public Aid Code.
The Department of Children and Family Services is
authorized to make transfers not exceeding 2% of the aggregate
amount appropriated to it within the same treasury fund for the
following line items among these same line items: Foster Home
and Specialized Foster Care and Prevention, Institutions and
Group Homes and Prevention, and Purchase of Adoption and
Guardianship Services.
The Department on Aging is authorized to make transfers not
exceeding 2% of the aggregate amount appropriated to it within
the same treasury fund for the following Community Care Program
line items among these same line items: purchase of services
covered by the Community Care Program and Comprehensive Case
Coordination.
The State Treasurer is authorized to make transfers among
line item appropriations from the Capital Litigation Trust
Fund, with respect to costs incurred in fiscal years 2002 and
2003 only, when the balance remaining in one or more such line
item appropriations is insufficient for the purpose for which
the appropriation was made, provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
The State Board of Education is authorized to make
transfers from line item appropriations within the same
treasury fund for General State Aid, General State Aid - Hold
Harmless, and Evidence-Based Funding, provided that no such
transfer may be made unless the amount transferred is no longer
required for the purpose for which that appropriation was made,
to the line item appropriation for Transitional Assistance when
the balance remaining in such line item appropriation is
insufficient for the purpose for which the appropriation was
made.
The State Board of Education is authorized to make
transfers between the following line item appropriations
within the same treasury fund: Disabled Student
Services/Materials (Section 14-13.01 of the School Code),
Disabled Student Transportation Reimbursement (Section
14-13.01 of the School Code), Disabled Student Tuition -
Private Tuition (Section 14-7.02 of the School Code),
Extraordinary Special Education (Section 14-7.02b of the
School Code), Reimbursement for Free Lunch/Breakfast Program,
Summer School Payments (Section 18-4.3 of the School Code), and
Transportation - Regular/Vocational Reimbursement (Section
29-5 of the School Code). Such transfers shall be made only
when the balance remaining in one or more such line item
appropriations is insufficient for the purpose for which the
appropriation was made and provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
The Department of Healthcare and Family Services is
authorized to make transfers not exceeding 4% of the aggregate
amount appropriated to it, within the same treasury fund, among
the various line items appropriated for Medical Assistance.
(c) The sum of such transfers for an agency in a fiscal
year shall not exceed 2% of the aggregate amount appropriated
to it within the same treasury fund for the following objects:
Personal Services; Extra Help; Student and Inmate
Compensation; State Contributions to Retirement Systems; State
Contributions to Social Security; State Contribution for
Employee Group Insurance; Contractual Services; Travel;
Commodities; Printing; Equipment; Electronic Data Processing;
Operation of Automotive Equipment; Telecommunications
Services; Travel and Allowance for Committed, Paroled and
Discharged Prisoners; Library Books; Federal Matching Grants
for Student Loans; Refunds; Workers' Compensation,
Occupational Disease, and Tort Claims; Late Interest Penalties
under the State Prompt Payment Act and Sections 368a and 370a
of the Illinois Insurance Code; and, in appropriations to
institutions of higher education, Awards and Grants.
Notwithstanding the above, any amounts appropriated for
payment of workers' compensation claims to an agency to which
the authority to evaluate, administer and pay such claims has
been delegated by the Department of Central Management Services
may be transferred to any other expenditure object where such
amounts exceed the amount necessary for the payment of such
claims.
(c-1) Special provisions for State fiscal year 2003.
Notwithstanding any other provision of this Section to the
contrary, for State fiscal year 2003 only, transfers among line
item appropriations to an agency from the same treasury fund
may be made provided that the sum of such transfers for an
agency in State fiscal year 2003 shall not exceed 3% of the
aggregate amount appropriated to that State agency for State
fiscal year 2003 for the following objects: personal services,
except that no transfer may be approved which reduces the
aggregate appropriations for personal services within an
agency; extra help; student and inmate compensation; State
contributions to retirement systems; State contributions to
social security; State contributions for employee group
insurance; contractual services; travel; commodities;
printing; equipment; electronic data processing; operation of
automotive equipment; telecommunications services; travel and
allowance for committed, paroled, and discharged prisoners;
library books; federal matching grants for student loans;
refunds; workers' compensation, occupational disease, and tort
claims; and, in appropriations to institutions of higher
education, awards and grants.
(c-2) Special provisions for State fiscal year 2005.
Notwithstanding subsections (a), (a-2), and (c), for State
fiscal year 2005 only, transfers may be made among any line
item appropriations from the same or any other treasury fund
for any objects or purposes, without limitation, when the
balance remaining in one or more such line item appropriations
is insufficient for the purpose for which the appropriation was
made, provided that the sum of those transfers by a State
agency shall not exceed 4% of the aggregate amount appropriated
to that State agency for fiscal year 2005.
(c-3) Special provisions for State fiscal year 2015.
Notwithstanding any other provision of this Section, for State
fiscal year 2015, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2015
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2015. For the purpose of this subsection,
"operational or lump sum expenses" includes the following
objects: personal services; extra help; student and inmate
compensation; State contributions to retirement systems; State
contributions to social security; State contributions for
employee group insurance; contractual services; travel;
commodities; printing; equipment; electronic data processing;
operation of automotive equipment; telecommunications
services; travel and allowance for committed, paroled, and
discharged prisoners; library books; federal matching grants
for student loans; refunds; workers' compensation,
occupational disease, and tort claims; lump sum and other
purposes; and lump sum operations. For the purpose of this
subsection (c-3), "State agency" does not include the Attorney
General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
(c-4) Special provisions for State fiscal year 2018.
Notwithstanding any other provision of this Section, for State
fiscal year 2018, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2018
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2018. For the purpose of this subsection
(c-4), "operational or lump sum expenses" includes the
following objects: personal services; extra help; student and
inmate compensation; State contributions to retirement
systems; State contributions to social security; State
contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment; electronic
data processing; operation of automotive equipment;
telecommunications services; travel and allowance for
committed, paroled, and discharged prisoners; library books;
federal matching grants for student loans; refunds; workers'
compensation, occupational disease, and tort claims; lump sum
and other purposes; and lump sum operations. For the purpose of
this subsection (c-4), "State agency" does not include the
Attorney General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
(c-5) Special provisions for State fiscal year 2019.
Notwithstanding any other provision of this Section, for State
fiscal year 2019, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2019
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2019. For the purpose of this subsection
(c-5), "operational or lump sum expenses" includes the
following objects: personal services; extra help; student and
inmate compensation; State contributions to retirement
systems; State contributions to social security; State
contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment; electronic
data processing; operation of automotive equipment;
telecommunications services; travel and allowance for
committed, paroled, and discharged prisoners; library books;
federal matching grants for student loans; refunds; workers'
compensation, occupational disease, and tort claims; lump sum
and other purposes; and lump sum operations. For the purpose of
this subsection (c-5), "State agency" does not include the
Attorney General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
(d) Transfers among appropriations made to agencies of the
Legislative and Judicial departments and to the
constitutionally elected officers in the Executive branch
require the approval of the officer authorized in Section 10 of
this Act to approve and certify vouchers. Transfers among
appropriations made to the University of Illinois, Southern
Illinois University, Chicago State University, Eastern
Illinois University, Governors State University, Illinois
State University, Northeastern Illinois University, Northern
Illinois University, Western Illinois University, the Illinois
Mathematics and Science Academy and the Board of Higher
Education require the approval of the Board of Higher Education
and the Governor. Transfers among appropriations to all other
agencies require the approval of the Governor.
The officer responsible for approval shall certify that the
transfer is necessary to carry out the programs and purposes
for which the appropriations were made by the General Assembly
and shall transmit to the State Comptroller a certified copy of
the approval which shall set forth the specific amounts
transferred so that the Comptroller may change his records
accordingly. The Comptroller shall furnish the Governor with
information copies of all transfers approved for agencies of
the Legislative and Judicial departments and transfers
approved by the constitutionally elected officials of the
Executive branch other than the Governor, showing the amounts
transferred and indicating the dates such changes were entered
on the Comptroller's records.
(e) The State Board of Education, in consultation with the
State Comptroller, may transfer line item appropriations for
General State Aid or Evidence-Based Funding between the Common
School Fund and the Education Assistance Fund. With the advice
and consent of the Governor's Office of Management and Budget,
the State Board of Education, in consultation with the State
Comptroller, may transfer line item appropriations between the
General Revenue Fund and the Education Assistance Fund for the
following programs:
(1) Disabled Student Personnel Reimbursement (Section
14-13.01 of the School Code);
(2) Disabled Student Transportation Reimbursement
(subsection (b) of Section 14-13.01 of the School Code);
(3) Disabled Student Tuition - Private Tuition
(Section 14-7.02 of the School Code);
(4) Extraordinary Special Education (Section 14-7.02b
of the School Code);
(5) Reimbursement for Free Lunch/Breakfast Programs;
(6) Summer School Payments (Section 18-4.3 of the
School Code);
(7) Transportation - Regular/Vocational Reimbursement
(Section 29-5 of the School Code);
(8) Regular Education Reimbursement (Section 18-3 of
the School Code); and
(9) Special Education Reimbursement (Section 14-7.03
of the School Code).
(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
eff. 8-31-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18;
100-1064, eff. 8-24-18; revised 10-9-18.)
(30 ILCS 105/25) (from Ch. 127, par. 161)
Sec. 25. Fiscal year limitations.
(a) All appropriations shall be available for expenditure
for the fiscal year or for a lesser period if the Act making
that appropriation so specifies. A deficiency or emergency
appropriation shall be available for expenditure only through
June 30 of the year when the Act making that appropriation is
enacted unless that Act otherwise provides.
(b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out of
the expiring appropriations during the 2-month period ending at
the close of business on August 31. Any service involving
professional or artistic skills or any personal services by an
employee whose compensation is subject to income tax
withholding must be performed as of June 30 of the fiscal year
in order to be considered an "outstanding liability as of June
30" that is thereby eligible for payment out of the expiring
appropriation.
(b-1) However, payment of tuition reimbursement claims
under Section 14-7.03 or 18-3 of the School Code may be made by
the State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the claims
reimbursed by the payment may be claims attributable to a prior
fiscal year, and payments may be made at the direction of the
State Superintendent of Education from the fund from which the
appropriation is made without regard to any fiscal year
limitations, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, payment of tuition
reimbursement claims under Section 14-7.03 or 18-3 of the
School Code as of June 30, payable from appropriations that
have otherwise expired, may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.
(b-2) All outstanding liabilities as of June 30, 2010,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2010, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2010, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than August 31, 2010.
(b-2.5) All outstanding liabilities as of June 30, 2011,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2011, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2011, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than August 31, 2011.
(b-2.6) All outstanding liabilities as of June 30, 2012,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2012, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2012, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than August 31, 2012.
(b-2.6a) All outstanding liabilities as of June 30, 2017,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2017, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2017, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than September 30, 2017.
(b-2.6b) All outstanding liabilities as of June 30, 2018,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2018, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2018, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than October 31, 2018.
(b-2.7) For fiscal years 2012, 2013, and 2014, interest
penalties payable under the State Prompt Payment Act associated
with a voucher for which payment is issued after June 30 may be
paid out of the next fiscal year's appropriation. The future
year appropriation must be for the same purpose and from the
same fund as the original payment. An interest penalty voucher
submitted against a future year appropriation must be submitted
within 60 days after the issuance of the associated voucher,
and the Comptroller must issue the interest payment within 60
days after acceptance of the interest voucher.
(b-3) Medical payments may be made by the Department of
Veterans' Affairs from its appropriations for those purposes
for any fiscal year, without regard to the fact that the
medical services being compensated for by such payment may have
been rendered in a prior fiscal year, except as required by
subsection (j) of this Section. Beginning on June 30, 2021,
medical payments payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on
October 31.
(b-4) Medical payments and child care payments may be made
by the Department of Human Services (as successor to the
Department of Public Aid) from appropriations for those
purposes for any fiscal year, without regard to the fact that
the medical or child care services being compensated for by
such payment may have been rendered in a prior fiscal year; and
payments may be made at the direction of the Department of
Healthcare and Family Services (or successor agency) from the
Health Insurance Reserve Fund without regard to any fiscal year
limitations, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, medical and child care
payments made by the Department of Human Services and payments
made at the discretion of the Department of Healthcare and
Family Services (or successor agency) from the Health Insurance
Reserve Fund and payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on
October 31.
(b-5) Medical payments may be made by the Department of
Human Services from its appropriations relating to substance
abuse treatment services for any fiscal year, without regard to
the fact that the medical services being compensated for by
such payment may have been rendered in a prior fiscal year,
provided the payments are made on a fee-for-service basis
consistent with requirements established for Medicaid
reimbursement by the Department of Healthcare and Family
Services, except as required by subsection (j) of this Section.
Beginning on June 30, 2021, medical payments made by the
Department of Human Services relating to substance abuse
treatment services payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on
October 31.
(b-6) (Blank). Additionally, payments may be made by the
Department of Human Services from its appropriations, or any
other State agency from its appropriations with the approval of
the Department of Human Services, from the Immigration Reform
and Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986, without regard to
any fiscal year limitations, except as required by subsection
(j) of this Section. Beginning on June 30, 2021, payments made
by the Department of Human Services from the Immigration Reform
and Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986 payable from
appropriations that have otherwise expired may be paid out of
the expiring appropriation during the 4-month period ending at
the close of business on October 31.
(b-7) Payments may be made in accordance with a plan
authorized by paragraph (11) or (12) of Section 405-105 of the
Department of Central Management Services Law from
appropriations for those payments without regard to fiscal year
limitations.
(b-8) Reimbursements to eligible airport sponsors for the
construction or upgrading of Automated Weather Observation
Systems may be made by the Department of Transportation from
appropriations for those purposes for any fiscal year, without
regard to the fact that the qualification or obligation may
have occurred in a prior fiscal year, provided that at the time
the expenditure was made the project had been approved by the
Department of Transportation prior to June 1, 2012 and, as a
result of recent changes in federal funding formulas, can no
longer receive federal reimbursement.
(b-9) Medical payments not exceeding $150,000,000 may be
made by the Department on Aging from its appropriations
relating to the Community Care Program for fiscal year 2014,
without regard to the fact that the medical services being
compensated for by such payment may have been rendered in a
prior fiscal year, provided the payments are made on a
fee-for-service basis consistent with requirements established
for Medicaid reimbursement by the Department of Healthcare and
Family Services, except as required by subsection (j) of this
Section.
(c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as
successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
premature and high-mortality risk infants and their mothers and
for grants for supplemental food supplies provided under the
United States Department of Agriculture Women, Infants and
Children Nutrition Program, for any fiscal year without regard
to the fact that the services being compensated for by such
payment may have been rendered in a prior fiscal year, except
as required by subsection (j) of this Section. Beginning on
June 30, 2021, payments made by the Department of Public Health
and the Department of Human Services from their respective
appropriations for grants for medical care to or on behalf of
premature and high-mortality risk infants and their mothers and
for grants for supplemental food supplies provided under the
United States Department of Agriculture Women, Infants and
Children Nutrition Program payable from appropriations that
have otherwise expired may be paid out of the expiring
appropriations during the 4-month period ending at the close of
business on October 31.
(d) The Department of Public Health and the Department of
Human Services (acting as successor to the Department of Public
Health under the Department of Human Services Act) shall each
annually submit to the State Comptroller, Senate President,
Senate Minority Leader, Speaker of the House, House Minority
Leader, and the respective Chairmen and Minority Spokesmen of
the Appropriations Committees of the Senate and the House, on
or before December 31, a report of fiscal year funds used to
pay for services provided in any prior fiscal year. This report
shall document by program or service category those
expenditures from the most recently completed fiscal year used
to pay for services provided in prior fiscal years.
(e) The Department of Healthcare and Family Services, the
Department of Human Services (acting as successor to the
Department of Public Aid), and the Department of Human Services
making fee-for-service payments relating to substance abuse
treatment services provided during a previous fiscal year shall
each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House, House
Minority Leader, the respective Chairmen and Minority
Spokesmen of the Appropriations Committees of the Senate and
the House, on or before November 30, a report that shall
document by program or service category those expenditures from
the most recently completed fiscal year used to pay for (i)
services provided in prior fiscal years and (ii) services for
which claims were received in prior fiscal years.
(f) The Department of Human Services (as successor to the
Department of Public Aid) shall annually submit to the State
Comptroller, Senate President, Senate Minority Leader, Speaker
of the House, House Minority Leader, and the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before December
31, a report of fiscal year funds used to pay for services
(other than medical care) provided in any prior fiscal year.
This report shall document by program or service category those
expenditures from the most recently completed fiscal year used
to pay for services provided in prior fiscal years.
(g) In addition, each annual report required to be
submitted by the Department of Healthcare and Family Services
under subsection (e) shall include the following information
with respect to the State's Medicaid program:
(1) Explanations of the exact causes of the variance
between the previous year's estimated and actual
liabilities.
(2) Factors affecting the Department of Healthcare and
Family Services' liabilities, including but not limited to
numbers of aid recipients, levels of medical service
utilization by aid recipients, and inflation in the cost of
medical services.
(3) The results of the Department's efforts to combat
fraud and abuse.
(h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
(i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
(1) billing user agencies in advance for payments or
authorized inter-fund transfers based on estimated charges
for goods or services;
(2) issuing credits, refunding through inter-fund
transfers, or reducing future inter-fund transfers during
the subsequent fiscal year for all user agency payments or
authorized inter-fund transfers received during the prior
fiscal year which were in excess of the final amounts owed
by the user agency for that period; and
(3) issuing catch-up billings to user agencies during
the subsequent fiscal year for amounts remaining due when
payments or authorized inter-fund transfers received from
the user agency during the prior fiscal year were less than
the total amount owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued or by increasing an authorized
inter-fund transfer during the current fiscal year. For the
purposes of this Act, "inter-fund transfers" means transfers
without the use of the voucher-warrant process, as authorized
by Section 9.01 of the State Comptroller Act.
(i-1) Beginning on July 1, 2021, all outstanding
liabilities, not payable during the 4-month lapse period as
described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
(c) of this Section, that are made from appropriations for that
purpose for any fiscal year, without regard to the fact that
the services being compensated for by those payments may have
been rendered in a prior fiscal year, are limited to only those
claims that have been incurred but for which a proper bill or
invoice as defined by the State Prompt Payment Act has not been
received by September 30th following the end of the fiscal year
in which the service was rendered.
(j) Notwithstanding any other provision of this Act, the
aggregate amount of payments to be made without regard for
fiscal year limitations as contained in subsections (b-1),
(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
determined by using Generally Accepted Accounting Principles,
shall not exceed the following amounts:
(1) $6,000,000,000 for outstanding liabilities related
to fiscal year 2012;
(2) $5,300,000,000 for outstanding liabilities related
to fiscal year 2013;
(3) $4,600,000,000 for outstanding liabilities related
to fiscal year 2014;
(4) $4,000,000,000 for outstanding liabilities related
to fiscal year 2015;
(5) $3,300,000,000 for outstanding liabilities related
to fiscal year 2016;
(6) $2,600,000,000 for outstanding liabilities related
to fiscal year 2017;
(7) $2,000,000,000 for outstanding liabilities related
to fiscal year 2018;
(8) $1,300,000,000 for outstanding liabilities related
to fiscal year 2019;
(9) $600,000,000 for outstanding liabilities related
to fiscal year 2020; and
(10) $0 for outstanding liabilities related to fiscal
year 2021 and fiscal years thereafter.
(k) Department of Healthcare and Family Services Medical
Assistance Payments.
(1) Definition of Medical Assistance.
For purposes of this subsection, the term "Medical
Assistance" shall include, but not necessarily be
limited to, medical programs and services authorized
under Titles XIX and XXI of the Social Security Act,
the Illinois Public Aid Code, the Children's Health
Insurance Program Act, the Covering ALL KIDS Health
Insurance Act, the Long Term Acute Care Hospital
Quality Improvement Transfer Program Act, and medical
care to or on behalf of persons suffering from chronic
renal disease, persons suffering from hemophilia, and
victims of sexual assault.
(2) Limitations on Medical Assistance payments that
may be paid from future fiscal year appropriations.
(A) The maximum amounts of annual unpaid Medical
Assistance bills received and recorded by the
Department of Healthcare and Family Services on or
before June 30th of a particular fiscal year
attributable in aggregate to the General Revenue Fund,
Healthcare Provider Relief Fund, Tobacco Settlement
Recovery Fund, Long-Term Care Provider Fund, and the
Drug Rebate Fund that may be paid in total by the
Department from future fiscal year Medical Assistance
appropriations to those funds are: $700,000,000 for
fiscal year 2013 and $100,000,000 for fiscal year 2014
and each fiscal year thereafter.
(B) Bills for Medical Assistance services rendered
in a particular fiscal year, but received and recorded
by the Department of Healthcare and Family Services
after June 30th of that fiscal year, may be paid from
either appropriations for that fiscal year or future
fiscal year appropriations for Medical Assistance.
Such payments shall not be subject to the requirements
of subparagraph (A).
(C) Medical Assistance bills received by the
Department of Healthcare and Family Services in a
particular fiscal year, but subject to payment amount
adjustments in a future fiscal year may be paid from a
future fiscal year's appropriation for Medical
Assistance. Such payments shall not be subject to the
requirements of subparagraph (A).
(D) Medical Assistance payments made by the
Department of Healthcare and Family Services from
funds other than those specifically referenced in
subparagraph (A) may be made from appropriations for
those purposes for any fiscal year without regard to
the fact that the Medical Assistance services being
compensated for by such payment may have been rendered
in a prior fiscal year. Such payments shall not be
subject to the requirements of subparagraph (A).
(3) Extended lapse period for Department of Healthcare
and Family Services Medical Assistance payments.
Notwithstanding any other State law to the contrary,
outstanding Department of Healthcare and Family Services
Medical Assistance liabilities, as of June 30th, payable
from appropriations which have otherwise expired, may be
paid out of the expiring appropriations during the 6-month
period ending at the close of business on December 31st.
(l) The changes to this Section made by Public Act 97-691
shall be effective for payment of Medical Assistance bills
incurred in fiscal year 2013 and future fiscal years. The
changes to this Section made by Public Act 97-691 shall not be
applied to Medical Assistance bills incurred in fiscal year
2012 or prior fiscal years.
(m) The Comptroller must issue payments against
outstanding liabilities that were received prior to the lapse
period deadlines set forth in this Section as soon thereafter
as practical, but no payment may be issued after the 4 months
following the lapse period deadline without the signed
authorization of the Comptroller and the Governor.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
(30 ILCS 105/5.95 rep.)
(30 ILCS 105/5.231 rep.)
(30 ILCS 105/5.290 rep.)
(30 ILCS 105/5.298 rep.)
(30 ILCS 105/5.460 rep.)
(30 ILCS 105/5.518 rep.)
(30 ILCS 105/5.606 rep.)
(30 ILCS 105/5.614 rep.)
(30 ILCS 105/5.615 rep.)
(30 ILCS 105/5.622 rep.)
(30 ILCS 105/5.633 rep.)
(30 ILCS 105/5.639 rep.)
(30 ILCS 105/5.641 rep.)
(30 ILCS 105/5.647 rep.)
(30 ILCS 105/5.649 rep.)
(30 ILCS 105/5.658 rep.)
(30 ILCS 105/5.660 rep.)
(30 ILCS 105/5.687 rep.)
(30 ILCS 105/5.701 rep.)
(30 ILCS 105/5.722 rep.)
(30 ILCS 105/5.738 rep.)
(30 ILCS 105/5.794 rep.)
(30 ILCS 105/5.803 rep.)
(30 ILCS 105/5.807 rep.)
(30 ILCS 105/6p-5 rep.)
(30 ILCS 105/6u rep.)
(30 ILCS 105/6z rep.)
(30 ILCS 105/6z-1 rep.)
(30 ILCS 105/6z-8a rep.)
(30 ILCS 105/6z-27.1 rep.)
(30 ILCS 105/6z-33 rep.)
(30 ILCS 105/6z-46 rep.)
(30 ILCS 105/6z-69 rep.)
(30 ILCS 105/6z-73 rep.)
(30 ILCS 105/6z-91 rep.)
(30 ILCS 105/8.16c rep.)
(30 ILCS 105/8.32 rep.)
Section 45. The State Finance Act is amended by repealing
Sections 5.95, 5.231, 5.290, 5.298, 5.460, 5.518, 5.606, 5.614,
5.615, 5.622, 5.633, 5.639, 5.641, 5.647, 5.649, 5.658, 5.660,
5.687, 5.701, 5.722, 5.738, 5.794, 5.803, 5.807, 6p-5, 6u, 6z,
6z-1, 6z-8a, 6z-27.1, 6z-33, 6z-46, 6z-69, 6z-73, 6z-91, 8.16c,
and 8.32.
(30 ILCS 177/Act rep.)
Section 50. The Transportation Development Partnership Act
is repealed.
Section 55. The Short Term Borrowing Act is amended by
changing Section 3 as follows:
(30 ILCS 340/3) (from Ch. 120, par. 408)
Sec. 3. There shall be prepared under the direction of the
officers named in this Act such form of bonds or certificates
as they shall deem advisable, which, when issued, shall be
signed by the Governor, Comptroller and Treasurer, and shall be
recorded by the Comptroller in a book to be kept by him or her
for that purpose. The interest and principal of such loan shall
be paid by the treasurer out of the General Obligation Bond
Retirement and Interest Fund.
There is hereby appropriated out of any money in the
Treasury a sum sufficient for the payment of the interest and
principal of any debts contracted under this Act.
The Governor, Comptroller, and Treasurer are authorized to
order pursuant to the proceedings authorizing those debts the
transfer of any moneys on deposit in the treasury into the
General Obligation Bond Retirement and Interest Fund at times
and in amounts they deem necessary to provide for the payment
of that interest and principal.
The Comptroller is hereby authorized and directed to draw
his warrant on the State Treasurer for the amount of all such
payments.
The directive authorizing borrowing under Section 1 or 1.1
of this Act shall set forth a pro forma cash flow statement
that identifies estimated monthly receipts and expenditures
with identification of sources for repaying the borrowed funds.
All proceeds from any borrowing under this Act received by
the State on or after June 10, 2004 and before July 1, 2004
shall be deposited into the Medicaid Provider Relief Fund.
(Source: P.A. 88-669, eff. 11-29-94; 93-674, eff. 6-10-04;
93-1046, eff. 10-15-04.)
(30 ILCS 780/5-55 rep.)
Section 60. The Eliminate the Digital Divide Law is amended
by repealing Section 5-55.
(35 ILCS 5/507CC rep.)
(35 ILCS 5/507HH rep.)
(35 ILCS 5/507II rep.)
(35 ILCS 5/507KK rep.)
(35 ILCS 5/507LL rep.)
(35 ILCS 5/507PP rep.)
Section 65. The Illinois Income Tax Act is amended by
repealing Sections 507CC, 507HH, 507II, 507KK, 507LL, and
507PP.
Section 70. The Counties Code is amended by changing
Sections 3-9005, 5-1006.5, and 5-1035.1 as follows:
(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
Sec. 3-9005. Powers and duties of State's attorney.
(a) The duty of each State's attorney shall be:
(1) To commence and prosecute all actions, suits,
indictments and prosecutions, civil and criminal, in the
circuit court for his county, in which the people of the
State or county may be concerned.
(2) To prosecute all forfeited bonds and
recognizances, and all actions and proceedings for the
recovery of debts, revenues, moneys, fines, penalties and
forfeitures accruing to the State or his county, or to any
school district or road district in his county; also, to
prosecute all suits in his county against railroad or
transportation companies, which may be prosecuted in the
name of the People of the State of Illinois.
(3) To commence and prosecute all actions and
proceedings brought by any county officer in his official
capacity.
(4) To defend all actions and proceedings brought
against his county, or against any county or State officer,
in his official capacity, within his county.
(5) To attend the examination of all persons brought
before any judge on habeas corpus, when the prosecution is
in his county.
(6) To attend before judges and prosecute charges of
felony or misdemeanor, for which the offender is required
to be recognized to appear before the circuit court, when
in his power so to do.
(7) To give his opinion, without fee or reward, to any
county officer in his county, upon any question or law
relating to any criminal or other matter, in which the
people or the county may be concerned.
(8) To assist the attorney general whenever it may be
necessary, and in cases of appeal from his county to the
Supreme Court, to which it is the duty of the attorney
general to attend, he shall furnish the attorney general at
least 10 days before such is due to be filed, a manuscript
of a proposed statement, brief and argument to be printed
and filed on behalf of the people, prepared in accordance
with the rules of the Supreme Court. However, if such
brief, argument or other document is due to be filed by law
or order of court within this 10-day period, then the
State's attorney shall furnish such as soon as may be
reasonable.
(9) To pay all moneys received by him in trust, without
delay, to the officer who by law is entitled to the custody
thereof.
(10) To notify, by first class mail, complaining
witnesses of the ultimate disposition of the cases arising
from an indictment or an information.
(11) To perform such other and further duties as may,
from time to time, be enjoined on him by law.
(12) To appear in all proceedings by collectors of
taxes against delinquent taxpayers for judgments to sell
real estate, and see that all the necessary preliminary
steps have been legally taken to make the judgment legal
and binding.
(13) To notify, by first-class mail, the State
Superintendent of Education, the applicable regional
superintendent of schools, and the superintendent of the
employing school district or the chief school
administrator of the employing nonpublic school, if any,
upon the conviction of any individual known to possess a
certificate or license issued pursuant to Article 21 or
21B, respectively, of the School Code of any offense set
forth in Section 21B-80 of the School Code or any other
felony conviction, providing the name of the certificate
holder, the fact of the conviction, and the name and
location of the court where the conviction occurred. The
certificate holder must also be contemporaneously sent a
copy of the notice.
(b) The State's Attorney of each county shall have
authority to appoint one or more special investigators to serve
subpoenas and summonses, make return of process, and conduct
investigations which assist the State's Attorney in the
performance of his duties. In counties of the first and second
class, the fees for service of subpoenas and summonses are
allowed by this Section and shall be consistent with those set
forth in Section 4-5001 of this Act, except when increased by
county ordinance as provided for in Section 4-5001. In counties
of the third class, the fees for service of subpoenas and
summonses are allowed by this Section and shall be consistent
with those set forth in Section 4-12001 of this Act. A special
investigator shall not carry firearms except with permission of
the State's Attorney and only while carrying appropriate
identification indicating his employment and in the
performance of his assigned duties.
Subject to the qualifications set forth in this subsection,
special investigators shall be peace officers and shall have
all the powers possessed by investigators under the State's
Attorneys Appellate Prosecutor's Act.
No special investigator employed by the State's Attorney
shall have peace officer status or exercise police powers
unless he or she successfully completes the basic police
training course mandated and approved by the Illinois Law
Enforcement Training Standards Board or such board waives the
training requirement by reason of the special investigator's
prior law enforcement experience or training or both. Any
State's Attorney appointing a special investigator shall
consult with all affected local police agencies, to the extent
consistent with the public interest, if the special
investigator is assigned to areas within that agency's
jurisdiction.
Before a person is appointed as a special investigator, his
fingerprints shall be taken and transmitted to the Department
of State Police. The Department shall examine its records and
submit to the State's Attorney of the county in which the
investigator seeks appointment any conviction information
concerning the person on file with the Department. No person
shall be appointed as a special investigator if he has been
convicted of a felony or other offense involving moral
turpitude. A special investigator shall be paid a salary and be
reimbursed for actual expenses incurred in performing his
assigned duties. The county board shall approve the salary and
actual expenses and appropriate the salary and expenses in the
manner prescribed by law or ordinance.
(c) The State's Attorney may request and receive from
employers, labor unions, telephone companies, and utility
companies location information concerning putative fathers and
noncustodial parents for the purpose of establishing a child's
paternity or establishing, enforcing, or modifying a child
support obligation. In this subsection, "location information"
means information about (i) the physical whereabouts of a
putative father or noncustodial parent, (ii) the putative
father or noncustodial parent's employer, or (iii) the salary,
wages, and other compensation paid and the health insurance
coverage provided to the putative father or noncustodial parent
by the employer of the putative father or noncustodial parent
or by a labor union of which the putative father or
noncustodial parent is a member.
(d) (Blank). For each State fiscal year, the State's
Attorney of Cook County shall appear before the General
Assembly and request appropriations to be made from the Capital
Litigation Trust Fund to the State Treasurer for the purpose of
providing assistance in the prosecution of capital cases in
Cook County and for the purpose of providing assistance to the
State in post-conviction proceedings in capital cases under
Article 122 of the Code of Criminal Procedure of 1963 and in
relation to petitions filed under Section 2-1401 of the Code of
Civil Procedure in relation to capital cases. The State's
Attorney may appear before the General Assembly at other times
during the State's fiscal year to request supplemental
appropriations from the Trust Fund to the State Treasurer.
(e) The State's Attorney shall have the authority to enter
into a written agreement with the Department of Revenue for
pursuit of civil liability under subsection (E) of Section 17-1
of the Criminal Code of 2012 against persons who have issued to
the Department checks or other orders in violation of the
provisions of paragraph (1) of subsection (B) of Section 17-1
of the Criminal Code of 2012, with the Department to retain the
amount owing upon the dishonored check or order along with the
dishonored check fee imposed under the Uniform Penalty and
Interest Act, with the balance of damages, fees, and costs
collected under subsection (E) of Section 17-1 of the Criminal
Code of 2012 or under Section 17-1a of that Code to be retained
by the State's Attorney. The agreement shall not affect the
allocation of fines and costs imposed in any criminal
prosecution.
(Source: P.A. 99-169, eff. 7-28-15; 99-642, eff. 7-28-16.)
(55 ILCS 5/5-1006.5)
Sec. 5-1006.5. Special County Retailers' Occupation Tax
For Public Safety, Public Facilities, Mental Health, Substance
Abuse, or Transportation.
(a) The county board of any county may impose a tax upon
all persons engaged in the business of selling tangible
personal property, other than personal property titled or
registered with an agency of this State's government, at retail
in the county on the gross receipts from the sales made in the
course of business to provide revenue to be used exclusively
for public safety, public facility, mental health, substance
abuse, or transportation purposes in that county, if a
proposition for the tax has been submitted to the electors of
that county and approved by a majority of those voting on the
question. If imposed, this tax shall be imposed only in
one-quarter percent increments. By resolution, the county
board may order the proposition to be submitted at any
election. If the tax is imposed for transportation purposes for
expenditures for public highways or as authorized under the
Illinois Highway Code, the county board must publish notice of
the existence of its long-range highway transportation plan as
required or described in Section 5-301 of the Illinois Highway
Code and must make the plan publicly available prior to
approval of the ordinance or resolution imposing the tax. If
the tax is imposed for transportation purposes for expenditures
for passenger rail transportation, the county board must
publish notice of the existence of its long-range passenger
rail transportation plan and must make the plan publicly
available prior to approval of the ordinance or resolution
imposing the tax.
If a tax is imposed for public facilities purposes, then
the name of the project may be included in the proposition at
the discretion of the county board as determined in the
enabling resolution. For example, the "XXX Nursing Home" or the
"YYY Museum".
The county clerk shall certify the question to the proper
election authority, who shall submit the proposition at an
election in accordance with the general election law.
(1) The proposition for public safety purposes shall be
in substantially the following form:
"To pay for public safety purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for public safety
purposes shall be in substantially the following form:
"To pay for public safety purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate) for a period not to
exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end
of (insert number of years), if not terminated earlier by a
vote of the county board."
For the purposes of the paragraph, "public safety
purposes" means crime prevention, detention, fire
fighting, police, medical, ambulance, or other emergency
services.
Votes shall be recorded as "Yes" or "No".
Beginning on the January 1 or July 1, whichever is
first, that occurs not less than 30 days after May 31, 2015
(the effective date of Public Act 99-4), Adams County may
impose a public safety retailers' occupation tax and
service occupation tax at the rate of 0.25%, as provided in
the referendum approved by the voters on April 7, 2015,
notwithstanding the omission of the additional information
that is otherwise required to be printed on the ballot
below the question pursuant to this item (1).
(2) The proposition for transportation purposes shall
be in substantially the following form:
"To pay for improvements to roads and other
transportation purposes, shall (name of county) be
authorized to impose an increase on its share of local
sales taxes by (insert rate)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for transportation
purposes shall be in substantially the following form:
"To pay for road improvements and other transportation
purposes, shall (name of county) be authorized to impose an
increase on its share of local sales taxes by (insert rate)
for a period not to exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end
of (insert number of years), if not terminated earlier by a
vote of the county board."
For the purposes of this paragraph, transportation
purposes means construction, maintenance, operation, and
improvement of public highways, any other purpose for which
a county may expend funds under the Illinois Highway Code,
and passenger rail transportation.
The votes shall be recorded as "Yes" or "No".
(3) The proposition for public facilities purposes
shall be in substantially the following form:
"To pay for public facilities purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for public facilities
purposes shall be in substantially the following form:
"To pay for public facilities purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate) for a period not to
exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end
of (insert number of years), if not terminated earlier by a
vote of the county board."
For purposes of this Section, "public facilities
purposes" means the acquisition, development,
construction, reconstruction, rehabilitation, improvement,
financing, architectural planning, and installation of
capital facilities consisting of buildings, structures,
and durable equipment and for the acquisition and
improvement of real property and interest in real property
required, or expected to be required, in connection with
the public facilities, for use by the county for the
furnishing of governmental services to its citizens,
including but not limited to museums and nursing homes.
The votes shall be recorded as "Yes" or "No".
(4) The proposition for mental health purposes shall be
in substantially the following form:
"To pay for mental health purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for public facilities
purposes shall be in substantially the following form:
"To pay for mental health purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate) for a period not to
exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end
of (insert number of years), if not terminated earlier by a
vote of the county board."
The votes shall be recorded as "Yes" or "No".
(5) The proposition for substance abuse purposes shall
be in substantially the following form:
"To pay for substance abuse purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for public facilities
purposes shall be in substantially the following form:
"To pay for substance abuse purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate) for a period not to
exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end
of (insert number of years), if not terminated earlier by a
vote of the county board."
The votes shall be recorded as "Yes" or "No".
If a majority of the electors voting on the proposition
vote in favor of it, the county may impose the tax. A county
may not submit more than one proposition authorized by this
Section to the electors at any one time.
This additional tax may not be imposed on tangible personal
property taxed at the 1% rate under the Retailers' Occupation
Tax Act. The tax imposed by a county under this Section and all
civil penalties that may be assessed as an incident of the tax
shall be collected and enforced by the Illinois Department of
Revenue and deposited into a special fund created for that
purpose. The certificate of registration that is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act shall permit the retailer to engage in a business that is
taxable without registering separately with the Department
under an ordinance or resolution under this Section. The
Department has full power to administer and enforce this
Section, to collect all taxes and penalties due under this
Section, to dispose of taxes and penalties so collected in the
manner provided in this Section, and to determine all rights to
credit memoranda arising on account of the erroneous payment of
a tax or penalty under this Section. In the administration of
and compliance with this Section, the Department and persons
who are subject to this Section shall (i) have the same rights,
remedies, privileges, immunities, powers, and duties, (ii) be
subject to the same conditions, restrictions, limitations,
penalties, and definitions of terms, and (iii) employ the same
modes of procedure as are prescribed in Sections 1, 1a, 1a-1,
1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-70 (in respect to
all provisions contained in those Sections other than the State
rate of tax), 2a, 2b, 2c, 3 (except provisions relating to
transaction returns and quarter monthly payments), 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
Tax Act and Section 3-7 of the Uniform Penalty and Interest Act
as if those provisions were set forth in this Section.
Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
sellers' tax liability by separately stating the tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State tax which sellers are required
to collect under the Use Tax Act, pursuant to such bracketed
schedules as the Department may prescribe.
Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the County Public Safety, Public Facilities,
Mental Health, Substance Abuse, or Transportation Retailers'
Occupation Tax Fund.
(b) If a tax has been imposed under subsection (a), a
service occupation tax shall also be imposed at the same rate
upon all persons engaged, in the county, in the business of
making sales of service, who, as an incident to making those
sales of service, transfer tangible personal property within
the county as an incident to a sale of service. This tax may
not be imposed on tangible personal property taxed at the 1%
rate under the Service Occupation Tax Act. The tax imposed
under this subsection and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced
by the Department of Revenue. The Department has full power to
administer and enforce this subsection; to collect all taxes
and penalties due hereunder; to dispose of taxes and penalties
so collected in the manner hereinafter provided; and to
determine all rights to credit memoranda arising on account of
the erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with this subsection, the
Department and persons who are subject to this paragraph shall
(i) have the same rights, remedies, privileges, immunities,
powers, and duties, (ii) be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions,
and definitions of terms, and (iii) employ the same modes of
procedure as are prescribed in Sections 2 (except that the
reference to State in the definition of supplier maintaining a
place of business in this State shall mean the county), 2a, 2b,
2c, 3 through 3-50 (in respect to all provisions therein other
than the State rate of tax), 4 (except that the reference to
the State shall be to the county), 5, 7, 8 (except that the
jurisdiction to which the tax shall be a debt to the extent
indicated in that Section 8 shall be the county), 9 (except as
to the disposition of taxes and penalties collected), 10, 11,
12 (except the reference therein to Section 2b of the
Retailers' Occupation Tax Act), 13 (except that any reference
to the State shall mean the county), Section 15, 16, 17, 18, 19
and 20 of the Service Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
serviceman's tax liability by separately stating the tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State tax that servicemen are
authorized to collect under the Service Use Tax Act, in
accordance with such bracket schedules as the Department may
prescribe.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the County Public Safety, Public Facilities,
Mental Health, Substance Abuse, or Transportation Retailers'
Occupation Fund.
Nothing in this subsection shall be construed to authorize
the county to impose a tax upon the privilege of engaging in
any business which under the Constitution of the United States
may not be made the subject of taxation by the State.
(c) The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected under this Section to be deposited into the County
Public Safety, Public Facilities, Mental Health, Substance
Abuse, or Transportation Retailers' Occupation Tax Fund, which
shall be an unappropriated trust fund held outside of the State
treasury.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the counties from which
retailers have paid taxes or penalties to the Department during
the second preceding calendar month. The amount to be paid to
each county, and deposited by the county into its special fund
created for the purposes of this Section, shall be the amount
(not including credit memoranda) collected under this Section
during the second preceding calendar month by the Department
plus an amount the Department determines is necessary to offset
any amounts that were erroneously paid to a different taxing
body, and not including (i) an amount equal to the amount of
refunds made during the second preceding calendar month by the
Department on behalf of the county, (ii) any amount that the
Department determines is necessary to offset any amounts that
were payable to a different taxing body but were erroneously
paid to the county, (iii) any amounts that are transferred to
the STAR Bonds Revenue Fund, and (iv) 1.5% of the remainder,
which shall be transferred into the Tax Compliance and
Administration Fund. The Department, at the time of each
monthly disbursement to the counties, shall prepare and certify
to the State Comptroller the amount to be transferred into the
Tax Compliance and Administration Fund under this subsection.
Within 10 days after receipt by the Comptroller of the
disbursement certification to the counties and the Tax
Compliance and Administration Fund provided for in this Section
to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with directions contained in
the certification.
In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in March of each year to
each county that received more than $500,000 in disbursements
under the preceding paragraph in the preceding calendar year.
The allocation shall be in an amount equal to the average
monthly distribution made to each such county under the
preceding paragraph during the preceding calendar year
(excluding the 2 months of highest receipts). The distribution
made in March of each year subsequent to the year in which an
allocation was made pursuant to this paragraph and the
preceding paragraph shall be reduced by the amount allocated
and disbursed under this paragraph in the preceding calendar
year. The Department shall prepare and certify to the
Comptroller for disbursement the allocations made in
accordance with this paragraph.
A county may direct, by ordinance, that all or a portion of
the taxes and penalties collected under the Special County
Retailers' Occupation Tax For Public Safety, Public
Facilities, Mental Health, Substance Abuse, or Transportation
be deposited into the Transportation Development Partnership
Trust Fund.
(d) For the purpose of determining the local governmental
unit whose tax is applicable, a retail sale by a producer of
coal or another mineral mined in Illinois is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This paragraph does not apply to
coal or another mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the United States Constitution as a sale
in interstate or foreign commerce.
(e) Nothing in this Section shall be construed to authorize
a county to impose a tax upon the privilege of engaging in any
business that under the Constitution of the United States may
not be made the subject of taxation by this State.
(e-5) If a county imposes a tax under this Section, the
county board may, by ordinance, discontinue or lower the rate
of the tax. If the county board lowers the tax rate or
discontinues the tax, a referendum must be held in accordance
with subsection (a) of this Section in order to increase the
rate of the tax or to reimpose the discontinued tax.
(f) Beginning April 1, 1998 and through December 31, 2013,
the results of any election authorizing a proposition to impose
a tax under this Section or effecting a change in the rate of
tax, or any ordinance lowering the rate or discontinuing the
tax, shall be certified by the county clerk and filed with the
Illinois Department of Revenue either (i) on or before the
first day of April, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of July next
following the filing; or (ii) on or before the first day of
October, whereupon the Department shall proceed to administer
and enforce the tax as of the first day of January next
following the filing.
Beginning January 1, 2014, the results of any election
authorizing a proposition to impose a tax under this Section or
effecting an increase in the rate of tax, along with the
ordinance adopted to impose the tax or increase the rate of the
tax, or any ordinance adopted to lower the rate or discontinue
the tax, shall be certified by the county clerk and filed with
the Illinois Department of Revenue either (i) on or before the
first day of May, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of July next
following the adoption and filing; or (ii) on or before the
first day of October, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of January
next following the adoption and filing.
(g) When certifying the amount of a monthly disbursement to
a county under this Section, the Department shall increase or
decrease the amounts by an amount necessary to offset any
miscalculation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a miscalculation is discovered.
(h) This Section may be cited as the "Special County
Occupation Tax For Public Safety, Public Facilities, Mental
Health, Substance Abuse, or Transportation Law".
(i) For purposes of this Section, "public safety" includes,
but is not limited to, crime prevention, detention, fire
fighting, police, medical, ambulance, or other emergency
services. The county may share tax proceeds received under this
Section for public safety purposes, including proceeds
received before August 4, 2009 (the effective date of Public
Act 96-124), with any fire protection district located in the
county. For the purposes of this Section, "transportation"
includes, but is not limited to, the construction, maintenance,
operation, and improvement of public highways, any other
purpose for which a county may expend funds under the Illinois
Highway Code, and passenger rail transportation. For the
purposes of this Section, "public facilities purposes"
includes, but is not limited to, the acquisition, development,
construction, reconstruction, rehabilitation, improvement,
financing, architectural planning, and installation of capital
facilities consisting of buildings, structures, and durable
equipment and for the acquisition and improvement of real
property and interest in real property required, or expected to
be required, in connection with the public facilities, for use
by the county for the furnishing of governmental services to
its citizens, including but not limited to museums and nursing
homes.
(j) The Department may promulgate rules to implement Public
Act 95-1002 only to the extent necessary to apply the existing
rules for the Special County Retailers' Occupation Tax for
Public Safety to this new purpose for public facilities.
(Source: P.A. 99-4, eff. 5-31-15; 99-217, eff. 7-31-15; 99-642,
eff. 7-28-16; 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-1167, eff. 1-4-19; 100-1171, eff. 1-4-19; revised 1-9-19.)
(55 ILCS 5/5-1035.1) (from Ch. 34, par. 5-1035.1)
Sec. 5-1035.1. County Motor Fuel Tax Law. The county board
of the counties of DuPage, Kane and McHenry may, by an
ordinance or resolution adopted by an affirmative vote of a
majority of the members elected or appointed to the county
board, impose a tax upon all persons engaged in the county in
the business of selling motor fuel, as now or hereafter defined
in the Motor Fuel Tax Law, at retail for the operation of motor
vehicles upon public highways or for the operation of
recreational watercraft upon waterways. Kane County may exempt
diesel fuel from the tax imposed pursuant to this Section. The
tax may be imposed, in half-cent increments, at a rate not
exceeding 4 cents per gallon of motor fuel sold at retail
within the county for the purpose of use or consumption and not
for the purpose of resale. The proceeds from the tax shall be
used by the county solely for the purpose of operating,
constructing and improving public highways and waterways, and
acquiring real property and right-of-ways for public highways
and waterways within the county imposing the tax.
A tax imposed pursuant to this Section, and all civil
penalties that may be assessed as an incident thereof, shall be
administered, collected and enforced by the Illinois
Department of Revenue in the same manner as the tax imposed
under the Retailers' Occupation Tax Act, as now or hereafter
amended, insofar as may be practicable; except that in the
event of a conflict with the provisions of this Section, this
Section shall control. The Department of Revenue shall have
full power: to administer and enforce this Section; to collect
all taxes and penalties due hereunder; to dispose of taxes and
penalties so collected in the manner hereinafter provided; and
to determine all rights to credit memoranda arising on account
of the erroneous payment of tax or penalty hereunder.
Whenever the Department determines that a refund shall be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the County Option Motor Fuel Tax Fund.
The Department shall forthwith pay over to the State
Treasurer, ex-officio, as trustee, all taxes and penalties
collected hereunder, which shall be deposited into the County
Option Motor Fuel Tax Fund, a special fund in the State
Treasury which is hereby created. On or before the 25th day of
each calendar month, the Department shall prepare and certify
to the State Comptroller the disbursement of stated sums of
money to named counties for which taxpayers have paid taxes or
penalties hereunder to the Department during the second
preceding calendar month. The amount to be paid to each county
shall be the amount (not including credit memoranda) collected
hereunder from retailers within the county during the second
preceding calendar month by the Department, but not including
an amount equal to the amount of refunds made during the second
preceding calendar month by the Department on behalf of the
county; less 2% of the balance, which sum shall be retained by
the State Treasurer to cover the costs incurred by the
Department in administering and enforcing the provisions of
this Section. The Department, at the time of each monthly
disbursement to the counties, shall prepare and certify to the
Comptroller the amount so retained by the State Treasurer,
which shall be transferred into the Tax Compliance and
Administration Fund.
A county may direct, by ordinance, that all or a portion of
the taxes and penalties collected under the County Option Motor
Fuel Tax shall be deposited into the Transportation Development
Partnership Trust Fund.
Nothing in this Section shall be construed to authorize a
county to impose a tax upon the privilege of engaging in any
business which under the Constitution of the United States may
not be made the subject of taxation by this State.
An ordinance or resolution imposing a tax hereunder or
effecting a change in the rate thereof shall be effective on
the first day of the second calendar month next following the
month in which the ordinance or resolution is adopted and a
certified copy thereof is filed with the Department of Revenue,
whereupon the Department of Revenue shall proceed to administer
and enforce this Section on behalf of the county as of the
effective date of the ordinance or resolution. Upon a change in
rate of a tax levied hereunder, or upon the discontinuance of
the tax, the county board of the county shall, on or not later
than 5 days after the effective date of the ordinance or
resolution discontinuing the tax or effecting a change in rate,
transmit to the Department of Revenue a certified copy of the
ordinance or resolution effecting the change or
discontinuance.
This Section shall be known and may be cited as the County
Motor Fuel Tax Law.
(Source: P.A. 98-1049, eff. 8-25-14.)
(55 ILCS 5/3-4006.1 rep.)
Section 75. The Counties Code is amended by repealing
Section 3-4006.1.
Section 80. The Illinois Banking Act is amended by changing
Section 48 as follows:
(205 ILCS 5/48)
Sec. 48. Secretary's powers; duties. The Secretary shall
have the powers and authority, and is charged with the duties
and responsibilities designated in this Act, and a State bank
shall not be subject to any other visitorial power other than
as authorized by this Act, except those vested in the courts,
or upon prior consultation with the Secretary, a foreign bank
regulator with an appropriate supervisory interest in the
parent or affiliate of a state bank. In the performance of the
Secretary's duties:
(1) The Commissioner shall call for statements from all
State banks as provided in Section 47 at least one time
during each calendar quarter.
(2) (a) The Commissioner, as often as the Commissioner
shall deem necessary or proper, and no less frequently than
18 months following the preceding examination, shall
appoint a suitable person or persons to make an examination
of the affairs of every State bank, except that for every
eligible State bank, as defined by regulation, the
Commissioner in lieu of the examination may accept on an
alternating basis the examination made by the eligible
State bank's appropriate federal banking agency pursuant
to Section 111 of the Federal Deposit Insurance Corporation
Improvement Act of 1991, provided the appropriate federal
banking agency has made such an examination. A person so
appointed shall not be a stockholder or officer or employee
of any bank which that person may be directed to examine,
and shall have powers to make a thorough examination into
all the affairs of the bank and in so doing to examine any
of the officers or agents or employees thereof on oath and
shall make a full and detailed report of the condition of
the bank to the Commissioner. In making the examination the
examiners shall include an examination of the affairs of
all the affiliates of the bank, as defined in subsection
(b) of Section 35.2 of this Act, or subsidiaries of the
bank as shall be necessary to disclose fully the conditions
of the subsidiaries or affiliates, the relations between
the bank and the subsidiaries or affiliates and the effect
of those relations upon the affairs of the bank, and in
connection therewith shall have power to examine any of the
officers, directors, agents, or employees of the
subsidiaries or affiliates on oath. After May 31, 1997, the
Commissioner may enter into cooperative agreements with
state regulatory authorities of other states to provide for
examination of State bank branches in those states, and the
Commissioner may accept reports of examinations of State
bank branches from those state regulatory authorities.
These cooperative agreements may set forth the manner in
which the other state regulatory authorities may be
compensated for examinations prepared for and submitted to
the Commissioner.
(b) After May 31, 1997, the Commissioner is authorized
to examine, as often as the Commissioner shall deem
necessary or proper, branches of out-of-state banks. The
Commissioner may establish and may assess fees to be paid
to the Commissioner for examinations under this subsection
(b). The fees shall be borne by the out-of-state bank,
unless the fees are borne by the state regulatory authority
that chartered the out-of-state bank, as determined by a
cooperative agreement between the Commissioner and the
state regulatory authority that chartered the out-of-state
bank.
(2.1) Pursuant to paragraph (a) of subsection (6) of
this Section, the Secretary shall adopt rules that ensure
consistency and due process in the examination process. The
Secretary may also establish guidelines that (i) define the
scope of the examination process and (ii) clarify
examination items to be resolved. The rules, formal
guidance, interpretive letters, or opinions furnished to
State banks by the Secretary may be relied upon by the
State banks.
(2.5) Whenever any State bank, any subsidiary or
affiliate of a State bank, or after May 31, 1997, any
branch of an out-of-state bank causes to be performed, by
contract or otherwise, any bank services for itself,
whether on or off its premises:
(a) that performance shall be subject to
examination by the Commissioner to the same extent as
if services were being performed by the bank or, after
May 31, 1997, branch of the out-of-state bank itself on
its own premises; and
(b) the bank or, after May 31, 1997, branch of the
out-of-state bank shall notify the Commissioner of the
existence of a service relationship. The notification
shall be submitted with the first statement of
condition (as required by Section 47 of this Act) due
after the making of the service contract or the
performance of the service, whichever occurs first.
The Commissioner shall be notified of each subsequent
contract in the same manner.
For purposes of this subsection (2.5), the term "bank
services" means services such as sorting and posting of
checks and deposits, computation and posting of interest
and other credits and charges, preparation and mailing of
checks, statements, notices, and similar items, or any
other clerical, bookkeeping, accounting, statistical, or
similar functions performed for a State bank, including but
not limited to electronic data processing related to those
bank services.
(3) The expense of administering this Act, including
the expense of the examinations of State banks as provided
in this Act, shall to the extent of the amounts resulting
from the fees provided for in paragraphs (a), (a-2), and
(b) of this subsection (3) be assessed against and borne by
the State banks:
(a) Each bank shall pay to the Secretary a Call
Report Fee which shall be paid in quarterly
installments equal to one-fourth of the sum of the
annual fixed fee of $800, plus a variable fee based on
the assets shown on the quarterly statement of
condition delivered to the Secretary in accordance
with Section 47 for the preceding quarter according to
the following schedule: 16 per $1,000 of the first
$5,000,000 of total assets, 15 per $1,000 of the next
$20,000,000 of total assets, 13 per $1,000 of the next
$75,000,000 of total assets, 9 per $1,000 of the next
$400,000,000 of total assets, 7 per $1,000 of the next
$500,000,000 of total assets, and 5 per $1,000 of all
assets in excess of $1,000,000,000, of the State bank.
The Call Report Fee shall be calculated by the
Secretary and billed to the banks for remittance at the
time of the quarterly statements of condition provided
for in Section 47. The Secretary may require payment of
the fees provided in this Section by an electronic
transfer of funds or an automatic debit of an account
of each of the State banks. In case more than one
examination of any bank is deemed by the Secretary to
be necessary in any examination frequency cycle
specified in subsection 2(a) of this Section, and is
performed at his direction, the Secretary may assess a
reasonable additional fee to recover the cost of the
additional examination. In lieu of the method and
amounts set forth in this paragraph (a) for the
calculation of the Call Report Fee, the Secretary may
specify by rule that the Call Report Fees provided by
this Section may be assessed semiannually or some other
period and may provide in the rule the formula to be
used for calculating and assessing the periodic Call
Report Fees to be paid by State banks.
(a-1) If in the opinion of the Commissioner an
emergency exists or appears likely, the Commissioner
may assign an examiner or examiners to monitor the
affairs of a State bank with whatever frequency he
deems appropriate, including but not limited to a daily
basis. The reasonable and necessary expenses of the
Commissioner during the period of the monitoring shall
be borne by the subject bank. The Commissioner shall
furnish the State bank a statement of time and expenses
if requested to do so within 30 days of the conclusion
of the monitoring period.
(a-2) On and after January 1, 1990, the reasonable
and necessary expenses of the Commissioner during
examination of the performance of electronic data
processing services under subsection (2.5) shall be
borne by the banks for which the services are provided.
An amount, based upon a fee structure prescribed by the
Commissioner, shall be paid by the banks or, after May
31, 1997, branches of out-of-state banks receiving the
electronic data processing services along with the
Call Report Fee assessed under paragraph (a) of this
subsection (3).
(a-3) After May 31, 1997, the reasonable and
necessary expenses of the Commissioner during
examination of the performance of electronic data
processing services under subsection (2.5) at or on
behalf of branches of out-of-state banks shall be borne
by the out-of-state banks, unless those expenses are
borne by the state regulatory authorities that
chartered the out-of-state banks, as determined by
cooperative agreements between the Commissioner and
the state regulatory authorities that chartered the
out-of-state banks.
(b) "Fiscal year" for purposes of this Section 48
is defined as a period beginning July 1 of any year and
ending June 30 of the next year. The Commissioner shall
receive for each fiscal year, commencing with the
fiscal year ending June 30, 1987, a contingent fee
equal to the lesser of the aggregate of the fees paid
by all State banks under paragraph (a) of subsection
(3) for that year, or the amount, if any, whereby the
aggregate of the administration expenses, as defined
in paragraph (c), for that fiscal year exceeds the sum
of the aggregate of the fees payable by all State banks
for that year under paragraph (a) of subsection (3),
plus any amounts transferred into the Bank and Trust
Company Fund from the State Pensions Fund for that
year, plus all other amounts collected by the
Commissioner for that year under any other provision of
this Act, plus the aggregate of all fees collected for
that year by the Commissioner under the Corporate
Fiduciary Act, excluding the receivership fees
provided for in Section 5-10 of the Corporate Fiduciary
Act, and the Foreign Banking Office Act. The aggregate
amount of the contingent fee thus arrived at for any
fiscal year shall be apportioned amongst, assessed
upon, and paid by the State banks and foreign banking
corporations, respectively, in the same proportion
that the fee of each under paragraph (a) of subsection
(3), respectively, for that year bears to the aggregate
for that year of the fees collected under paragraph (a)
of subsection (3). The aggregate amount of the
contingent fee, and the portion thereof to be assessed
upon each State bank and foreign banking corporation,
respectively, shall be determined by the Commissioner
and shall be paid by each, respectively, within 120
days of the close of the period for which the
contingent fee is computed and is payable, and the
Commissioner shall give 20 days' advance notice of the
amount of the contingent fee payable by the State bank
and of the date fixed by the Commissioner for payment
of the fee.
(c) The "administration expenses" for any fiscal
year shall mean the ordinary and contingent expenses
for that year incident to making the examinations
provided for by, and for otherwise administering, this
Act, the Corporate Fiduciary Act, excluding the
expenses paid from the Corporate Fiduciary
Receivership account in the Bank and Trust Company
Fund, the Foreign Banking Office Act, the Electronic
Fund Transfer Act, and the Illinois Bank Examiners'
Education Foundation Act, including all salaries and
other compensation paid for personal services rendered
for the State by officers or employees of the State,
including the Commissioner and the Deputy
Commissioners, communication equipment and services,
office furnishings, surety bond premiums, and travel
expenses of those officers and employees, employees,
expenditures or charges for the acquisition,
enlargement or improvement of, or for the use of, any
office space, building, or structure, or expenditures
for the maintenance thereof or for furnishing heat,
light, or power with respect thereto, all to the extent
that those expenditures are directly incidental to
such examinations or administration. The Commissioner
shall not be required by paragraphs (c) or (d-1) of
this subsection (3) to maintain in any fiscal year's
budget appropriated reserves for accrued vacation and
accrued sick leave that is required to be paid to
employees of the Commissioner upon termination of
their service with the Commissioner in an amount that
is more than is reasonably anticipated to be necessary
for any anticipated turnover in employees, whether due
to normal attrition or due to layoffs, terminations, or
resignations.
(d) The aggregate of all fees collected by the
Secretary under this Act, the Corporate Fiduciary Act,
or the Foreign Banking Office Act on and after July 1,
1979, shall be paid promptly after receipt of the same,
accompanied by a detailed statement thereof, into the
State treasury and shall be set apart in a special fund
to be known as the "Bank and Trust Company Fund",
except as provided in paragraph (c) of subsection (11)
of this Section. All earnings received from
investments of funds in the Bank and Trust Company Fund
shall be deposited in the Bank and Trust Company Fund
and may be used for the same purposes as fees deposited
in that Fund. The amount from time to time deposited
into the Bank and Trust Company Fund shall be used: (i)
to offset the ordinary administrative expenses of the
Secretary as defined in this Section or (ii) as a
credit against fees under paragraph (d-1) of this
subsection (3). Nothing in Public Act 81-131 this
amendatory Act of 1979 shall prevent continuing the
practice of paying expenses involving salaries,
retirement, social security, and State-paid insurance
premiums of State officers by appropriations from the
General Revenue Fund. However, the General Revenue
Fund shall be reimbursed for those payments made on and
after July 1, 1979, by an annual transfer of funds from
the Bank and Trust Company Fund. Moneys in the Bank and
Trust Company Fund may be transferred to the
Professions Indirect Cost Fund, as authorized under
Section 2105-300 of the Department of Professional
Regulation Law of the Civil Administrative Code of
Illinois.
Notwithstanding provisions in the State Finance
Act, as now or hereafter amended, or any other law to
the contrary, the sum of $18,788,847 shall be
transferred from the Bank and Trust Company Fund to the
Financial Institutions Settlement of 2008 Fund on the
effective date of this amendatory Act of the 95th
General Assembly, or as soon thereafter as practical.
Notwithstanding provisions in the State Finance
Act, as now or hereafter amended, or any other law to
the contrary, the Governor may, during any fiscal year
through January 10, 2011, from time to time direct the
State Treasurer and Comptroller to transfer a
specified sum not exceeding 10% of the revenues to be
deposited into the Bank and Trust Company Fund during
that fiscal year from that Fund to the General Revenue
Fund in order to help defray the State's operating
costs for the fiscal year. Notwithstanding provisions
in the State Finance Act, as now or hereafter amended,
or any other law to the contrary, the total sum
transferred during any fiscal year through January 10,
2011, from the Bank and Trust Company Fund to the
General Revenue Fund pursuant to this provision shall
not exceed during any fiscal year 10% of the revenues
to be deposited into the Bank and Trust Company Fund
during that fiscal year. The State Treasurer and
Comptroller shall transfer the amounts designated
under this Section as soon as may be practicable after
receiving the direction to transfer from the Governor.
(d-1) Adequate funds shall be available in the Bank
and Trust Company Fund to permit the timely payment of
administration expenses. In each fiscal year the total
administration expenses shall be deducted from the
total fees collected by the Commissioner and the
remainder transferred into the Cash Flow Reserve
Account, unless the balance of the Cash Flow Reserve
Account prior to the transfer equals or exceeds
one-fourth of the total initial appropriations from
the Bank and Trust Company Fund for the subsequent
year, in which case the remainder shall be credited to
State banks and foreign banking corporations and
applied against their fees for the subsequent year. The
amount credited to each State bank and foreign banking
corporation shall be in the same proportion as the Call
Report Fees paid by each for the year bear to the total
Call Report Fees collected for the year. If, after a
transfer to the Cash Flow Reserve Account is made or if
no remainder is available for transfer, the balance of
the Cash Flow Reserve Account is less than one-fourth
of the total initial appropriations for the subsequent
year and the amount transferred is less than 5% of the
total Call Report Fees for the year, additional amounts
needed to make the transfer equal to 5% of the total
Call Report Fees for the year shall be apportioned
amongst, assessed upon, and paid by the State banks and
foreign banking corporations in the same proportion
that the Call Report Fees of each, respectively, for
the year bear to the total Call Report Fees collected
for the year. The additional amounts assessed shall be
transferred into the Cash Flow Reserve Account. For
purposes of this paragraph (d-1), the calculation of
the fees collected by the Commissioner shall exclude
the receivership fees provided for in Section 5-10 of
the Corporate Fiduciary Act.
(e) The Commissioner may upon request certify to
any public record in his keeping and shall have
authority to levy a reasonable charge for issuing
certifications of any public record in his keeping.
(f) In addition to fees authorized elsewhere in
this Act, the Commissioner may, in connection with a
review, approval, or provision of a service, levy a
reasonable charge to recover the cost of the review,
approval, or service.
(4) Nothing contained in this Act shall be construed to
limit the obligation relative to examinations and reports
of any State bank, deposits in which are to any extent
insured by the United States or any agency thereof, nor to
limit in any way the powers of the Commissioner with
reference to examinations and reports of that bank.
(5) The nature and condition of the assets in or
investment of any bonus, pension, or profit sharing plan
for officers or employees of every State bank or, after May
31, 1997, branch of an out-of-state bank shall be deemed to
be included in the affairs of that State bank or branch of
an out-of-state bank subject to examination by the
Commissioner under the provisions of subsection (2) of this
Section, and if the Commissioner shall find from an
examination that the condition of or operation of the
investments or assets of the plan is unlawful, fraudulent,
or unsafe, or that any trustee has abused his trust, the
Commissioner shall, if the situation so found by the
Commissioner shall not be corrected to his satisfaction
within 60 days after the Commissioner has given notice to
the board of directors of the State bank or out-of-state
bank of his findings, report the facts to the Attorney
General who shall thereupon institute proceedings against
the State bank or out-of-state bank, the board of directors
thereof, or the trustees under such plan as the nature of
the case may require.
(6) The Commissioner shall have the power:
(a) To promulgate reasonable rules for the purpose
of administering the provisions of this Act.
(a-5) To impose conditions on any approval issued
by the Commissioner if he determines that the
conditions are necessary or appropriate. These
conditions shall be imposed in writing and shall
continue in effect for the period prescribed by the
Commissioner.
(b) To issue orders against any person, if the
Commissioner has reasonable cause to believe that an
unsafe or unsound banking practice has occurred, is
occurring, or is about to occur, if any person has
violated, is violating, or is about to violate any law,
rule, or written agreement with the Commissioner, or
for the purpose of administering the provisions of this
Act and any rule promulgated in accordance with this
Act.
(b-1) To enter into agreements with a bank
establishing a program to correct the condition of the
bank or its practices.
(c) To appoint hearing officers to execute any of
the powers granted to the Commissioner under this
Section for the purpose of administering this Act and
any rule promulgated in accordance with this Act and
otherwise to authorize, in writing, an officer or
employee of the Office of Banks and Real Estate to
exercise his powers under this Act.
(d) To subpoena witnesses, to compel their
attendance, to administer an oath, to examine any
person under oath, and to require the production of any
relevant books, papers, accounts, and documents in the
course of and pursuant to any investigation being
conducted, or any action being taken, by the
Commissioner in respect of any matter relating to the
duties imposed upon, or the powers vested in, the
Commissioner under the provisions of this Act or any
rule promulgated in accordance with this Act.
(e) To conduct hearings.
(7) Whenever, in the opinion of the Secretary, any
director, officer, employee, or agent of a State bank or
any subsidiary or bank holding company of the bank or,
after May 31, 1997, of any branch of an out-of-state bank
or any subsidiary or bank holding company of the bank shall
have violated any law, rule, or order relating to that bank
or any subsidiary or bank holding company of the bank,
shall have obstructed or impeded any examination or
investigation by the Secretary, shall have engaged in an
unsafe or unsound practice in conducting the business of
that bank or any subsidiary or bank holding company of the
bank, or shall have violated any law or engaged or
participated in any unsafe or unsound practice in
connection with any financial institution or other
business entity such that the character and fitness of the
director, officer, employee, or agent does not assure
reasonable promise of safe and sound operation of the State
bank, the Secretary may issue an order of removal. If, in
the opinion of the Secretary, any former director, officer,
employee, or agent of a State bank or any subsidiary or
bank holding company of the bank, prior to the termination
of his or her service with that bank or any subsidiary or
bank holding company of the bank, violated any law, rule,
or order relating to that State bank or any subsidiary or
bank holding company of the bank, obstructed or impeded any
examination or investigation by the Secretary, engaged in
an unsafe or unsound practice in conducting the business of
that bank or any subsidiary or bank holding company of the
bank, or violated any law or engaged or participated in any
unsafe or unsound practice in connection with any financial
institution or other business entity such that the
character and fitness of the director, officer, employee,
or agent would not have assured reasonable promise of safe
and sound operation of the State bank, the Secretary may
issue an order prohibiting that person from further service
with a bank or any subsidiary or bank holding company of
the bank as a director, officer, employee, or agent. An
order issued pursuant to this subsection shall be served
upon the director, officer, employee, or agent. A copy of
the order shall be sent to each director of the bank
affected by registered mail. A copy of the order shall also
be served upon the bank of which he is a director, officer,
employee, or agent, whereupon he shall cease to be a
director, officer, employee, or agent of that bank. The
Secretary may institute a civil action against the
director, officer, or agent of the State bank or, after May
31, 1997, of the branch of the out-of-state bank against
whom any order provided for by this subsection (7) of this
Section 48 has been issued, and against the State bank or,
after May 31, 1997, out-of-state bank, to enforce
compliance with or to enjoin any violation of the terms of
the order. Any person who has been the subject of an order
of removal or an order of prohibition issued by the
Secretary under this subsection or Section 5-6 of the
Corporate Fiduciary Act may not thereafter serve as
director, officer, employee, or agent of any State bank or
of any branch of any out-of-state bank, or of any corporate
fiduciary, as defined in Section 1-5.05 of the Corporate
Fiduciary Act, or of any other entity that is subject to
licensure or regulation by the Division of Banking unless
the Secretary has granted prior approval in writing.
For purposes of this paragraph (7), "bank holding
company" has the meaning prescribed in Section 2 of the
Illinois Bank Holding Company Act of 1957.
(8) The Commissioner may impose civil penalties of up
to $100,000 against any person for each violation of any
provision of this Act, any rule promulgated in accordance
with this Act, any order of the Commissioner, or any other
action which in the Commissioner's discretion is an unsafe
or unsound banking practice.
(9) The Commissioner may impose civil penalties of up
to $100 against any person for the first failure to comply
with reporting requirements set forth in the report of
examination of the bank and up to $200 for the second and
subsequent failures to comply with those reporting
requirements.
(10) All final administrative decisions of the
Commissioner hereunder shall be subject to judicial review
pursuant to the provisions of the Administrative Review
Law. For matters involving administrative review, venue
shall be in either Sangamon County or Cook County.
(11) The endowment fund for the Illinois Bank
Examiners' Education Foundation shall be administered as
follows:
(a) (Blank).
(b) The Foundation is empowered to receive
voluntary contributions, gifts, grants, bequests, and
donations on behalf of the Illinois Bank Examiners'
Education Foundation from national banks and other
persons for the purpose of funding the endowment of the
Illinois Bank Examiners' Education Foundation.
(c) The aggregate of all special educational fees
collected by the Secretary and property received by the
Secretary on behalf of the Illinois Bank Examiners'
Education Foundation under this subsection (11) on or
after June 30, 1986, shall be either (i) promptly paid
after receipt of the same, accompanied by a detailed
statement thereof, into the State Treasury and shall be
set apart in a special fund to be known as "The
Illinois Bank Examiners' Education Fund" to be
invested by either the Treasurer of the State of
Illinois in the Public Treasurers' Investment Pool or
in any other investment he is authorized to make or by
the Illinois State Board of Investment as the State
Banking Board of Illinois may direct or (ii) deposited
into an account maintained in a commercial bank or
corporate fiduciary in the name of the Illinois Bank
Examiners' Education Foundation pursuant to the order
and direction of the Board of Trustees of the Illinois
Bank Examiners' Education Foundation.
(12) (Blank).
(13) The Secretary may borrow funds from the General
Revenue Fund on behalf of the Bank and Trust Company Fund
if the Director of Banking certifies to the Governor that
there is an economic emergency affecting banking that
requires a borrowing to provide additional funds to the
Bank and Trust Company Fund. The borrowed funds shall be
paid back within 3 years and shall not exceed the total
funding appropriated to the Agency in the previous year.
(14) In addition to the fees authorized in this Act,
the Secretary may assess reasonable receivership fees
against any State bank that does not maintain insurance
with the Federal Deposit Insurance Corporation. All fees
collected under this subsection (14) shall be paid into the
Non-insured Institutions Receivership account in the Bank
and Trust Company Fund, as established by the Secretary.
The fees assessed under this subsection (14) shall provide
for the expenses that arise from the administration of the
receivership of any such institution required to pay into
the Non-insured Institutions Receivership account, whether
pursuant to this Act, the Corporate Fiduciary Act, the
Foreign Banking Office Act, or any other Act that requires
payments into the Non-insured Institutions Receivership
account. The Secretary may establish by rule a reasonable
manner of assessing fees under this subsection (14).
(Source: P.A. 99-39, eff. 1-1-16; 100-22, eff. 1-1-18.)
Section 85. The Illinois Public Aid Code is amended by
changing Sections 12-5 and 12-10.10 as follows:
(305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
Sec. 12-5. Appropriations; uses; federal grants; report to
General Assembly. From the sums appropriated by the General
Assembly, the Illinois Department shall order for payment by
warrant from the State Treasury grants for public aid under
Articles III, IV, and V, including grants for funeral and
burial expenses, and all costs of administration of the
Illinois Department and the County Departments relating
thereto. Moneys appropriated to the Illinois Department for
public aid under Article VI may be used, with the consent of
the Governor, to co-operate with federal, State, and local
agencies in the development of work projects designed to
provide suitable employment for persons receiving public aid
under Article VI. The Illinois Department, with the consent of
the Governor, may be the agent of the State for the receipt and
disbursement of federal funds or commodities for public aid
purposes under Article VI and for related purposes in which the
co-operation of the Illinois Department is sought by the
federal government, and, in connection therewith, may make
necessary expenditures from moneys appropriated for public aid
under any Article of this Code and for administration. The
Illinois Department, with the consent of the Governor, may be
the agent of the State for the receipt and disbursement of
federal funds pursuant to the Immigration Reform and Control
Act of 1986 and may make necessary expenditures from monies
appropriated to it for operations, administration, and grants,
including payment to the Health Insurance Reserve Fund for
group insurance costs at the rate certified by the Department
of Central Management Services. All amounts received by the
Illinois Department pursuant to the Immigration Reform and
Control Act of 1986 shall be deposited in the Immigration
Reform and Control Fund. All amounts received into the
Immigration Reform and Control Fund as reimbursement for
expenditures from the General Revenue Fund shall be transferred
to the General Revenue Fund.
All grants received by the Illinois Department for programs
funded by the Federal Social Services Block Grant shall be
deposited in the Social Services Block Grant Fund. All funds
received into the Social Services Block Grant Fund as
reimbursement for expenditures from the General Revenue Fund
shall be transferred to the General Revenue Fund. All funds
received into the Social Services Block Grant fund for
reimbursement for expenditure out of the Local Initiative Fund
shall be transferred into the Local Initiative Fund. Any other
federal funds received into the Social Services Block Grant
Fund shall be transferred to the DHS Special Purposes Trust
Fund. All federal funds received by the Illinois Department as
reimbursement for Employment and Training Programs for
expenditures made by the Illinois Department from grants,
gifts, or legacies as provided in Section 12-4.18 or made by an
entity other than the Illinois Department and all federal funds
received from the Emergency Contingency Fund for State
Temporary Assistance for Needy Families Programs established
by the American Recovery and Reinvestment Act of 2009 shall be
deposited into the Employment and Training Fund.
During each State fiscal year, an amount not exceeding a
total of $68,800,000 of the federal funds received by the
Illinois Department under the provisions of Title IV-A of the
federal Social Security Act shall be deposited into the DCFS
Children's Services Fund.
All federal funds, except those covered by the foregoing 3
paragraphs, received as reimbursement for expenditures from
the General Revenue Fund shall be deposited in the General
Revenue Fund for administrative and distributive expenditures
properly chargeable by federal law or regulation to aid
programs established under Articles III through XII and Titles
IV, XVI, XIX and XX of the Federal Social Security Act. Any
other federal funds received by the Illinois Department under
Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
Section 12-10 of this Code to be paid into the DHS Special
Purposes Trust Fund shall be deposited into the DHS Special
Purposes Trust Fund. Any other federal funds received by the
Illinois Department pursuant to the Child Support Enforcement
Program established by Title IV-D of the Social Security Act
shall be deposited in the Child Support Enforcement Trust Fund
as required under Section 12-10.2 or in the Child Support
Administrative Fund as required under Section 12-10.2a of this
Code. Any other federal funds received by the Illinois
Department for expenditures made under Title XIX of the Social
Security Act and Articles V and VI of this Code that are
required by Section 15-2 of this Code to be paid into the
County Provider Trust Fund shall be deposited into the County
Provider Trust Fund. Any other federal funds received by the
Illinois Department for hospital inpatient, hospital
ambulatory care, and disproportionate share hospital
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 5A-8 of
this Code to be paid into the Hospital Provider Fund shall be
deposited into the Hospital Provider Fund. Any other federal
funds received by the Illinois Department for medical
assistance program expenditures made under Title XIX of the
Social Security Act and Article V of this Code that are
required by Section 5B-8 of this Code to be paid into the
Long-Term Care Provider Fund shall be deposited into the
Long-Term Care Provider Fund. Any other federal funds received
by the Illinois Department for medical assistance program
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 5C-7 of
this Code to be paid into the Care Provider Fund for Persons
with a Developmental Disability shall be deposited into the
Care Provider Fund for Persons with a Developmental Disability.
Any other federal funds received by the Illinois Department for
trauma center adjustment payments that are required by Section
5-5.03 of this Code and made under Title XIX of the Social
Security Act and Article V of this Code shall be deposited into
the Trauma Center Fund. Any other federal funds received by the
Illinois Department as reimbursement for expenses for early
intervention services paid from the Early Intervention
Services Revolving Fund shall be deposited into that Fund.
The Illinois Department shall report to the General
Assembly at the end of each fiscal quarter the amount of all
funds received and paid into the Social Services Block Grant
Fund and the Local Initiative Fund and the expenditures and
transfers of such funds for services, programs and other
purposes authorized by law. Such report shall be filed with the
Speaker, Minority Leader and Clerk of the House, with the
President, Minority Leader and Secretary of the Senate, with
the Chairmen of the House and Senate Appropriations Committees,
the House Human Resources Committee and the Senate Public
Health, Welfare and Corrections Committee, or the successor
standing Committees of each as provided by the rules of the
House and Senate, respectively, with the Commission on
Government Forecasting and Accountability and with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act shall be deemed sufficient to comply with this
Section.
(Source: P.A. 99-143, eff. 7-27-15; 99-933, Article 5, Section
5-130, eff. 1-27-17; 99-933, Article 15, Section 15-50, eff.
1-27-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18;
100-1148, eff. 12-10-18.)
(305 ILCS 5/12-10.10)
Sec. 12-10.10. DHS Technology Initiative Fund.
(a) The DHS Technology Initiative Fund is hereby created as
a trust fund within the State treasury with the State Treasurer
as the ex-officio custodian of the Fund.
(b) The Department of Human Services may accept and receive
grants, awards, gifts, and bequests from any source, public or
private, in support of information technology initiatives.
Moneys received in support of information technology
initiatives, and any interest earned thereon, shall be
deposited into the DHS Technology Initiative Fund.
(c) Moneys in the Fund may be used by the Department of
Human Services for the purpose of making grants associated with
the development and implementation of information technology
projects or paying for operational expenses of the Department
of Human Services related to such projects.
(d) The Department of Human Services, in consultation with
the Department of Innovation and Technology, shall use the
funds deposited in the DHS Technology Initiative Fund to pay
for information technology solutions either provided by
Department of Innovation and Technology or arranged or
coordinated by the Department of Innovation and Technology.
(Source: P.A. 100-611, eff. 7-20-18.)
(305 ILCS 10/Act rep.)
Section 90. The Food and Housing Assistance Act is
repealed.
(505 ILCS 35/Art. IV rep.)
Section 95. The Illinois Conservation Enhancement Act is
amended by repealing Article IV.
Section 100. The Clerks of Courts Act is amended by
changing Section 27.3a as follows:
(705 ILCS 105/27.3a)
(Section scheduled to be repealed on July 1, 2019)
Sec. 27.3a. Fees for automated record keeping, probation
and court services operations, State and Conservation Police
operations, and e-business programs.
1. The expense of establishing and maintaining automated
record keeping systems in the offices of the clerks of the
circuit court shall be borne by the county. To defray such
expense in any county having established such an automated
system or which elects to establish such a system, the county
board may require the clerk of the circuit court in their
county to charge and collect a court automation fee of not less
than $1 nor more than $25 to be charged and collected by the
clerk of the court. Such fee shall be paid at the time of
filing the first pleading, paper or other appearance filed by
each party in all civil cases or by the defendant in any
felony, traffic, misdemeanor, municipal ordinance, or
conservation case upon a judgment of guilty or grant of
supervision, provided that the record keeping system which
processes the case category for which the fee is charged is
automated or has been approved for automation by the county
board, and provided further that no additional fee shall be
required if more than one party is presented in a single
pleading, paper or other appearance. Such fee shall be
collected in the manner in which all other fees or costs are
collected.
1.1. Starting on July 6, 2012 (the effective date of Public
Act 97-761) and pursuant to an administrative order from the
chief judge of the circuit or the presiding judge of the county
authorizing such collection, a clerk of the circuit court in
any county that imposes a fee pursuant to subsection 1 of this
Section shall also charge and collect an additional $10
operations fee for probation and court services department
operations.
This additional fee shall be paid by the defendant in any
felony, traffic, misdemeanor, local ordinance, or conservation
case upon a judgment of guilty or grant of supervision, except
such $10 operations fee shall not be charged and collected in
cases governed by Supreme Court Rule 529 in which the bail
amount is $120 or less.
1.2. With respect to the fee imposed and collected under
subsection 1.1 of this Section, each clerk shall transfer all
fees monthly to the county treasurer for deposit into the
probation and court services fund created under Section 15.1 of
the Probation and Probation Officers Act, and such monies shall
be disbursed from the fund only at the direction of the chief
judge of the circuit or another judge designated by the Chief
Circuit Judge in accordance with the policies and guidelines
approved by the Supreme Court.
1.5. Starting on June 1, 2014, a clerk of the circuit court
in any county that imposes a fee pursuant to subsection 1 of
this Section, shall charge and collect an additional fee in an
amount equal to the amount of the fee imposed pursuant to
subsection 1 of this Section, except the fee imposed under this
subsection may not be more than $15. This additional fee shall
be paid by the defendant in any felony, traffic, misdemeanor,
or local ordinance case upon a judgment of guilty or grant of
supervision. This fee shall not be paid by the defendant for
any violation listed in subsection 1.6 of this Section.
1.6. Starting on June 1, 2014, a clerk of the circuit court
in any county that imposes a fee pursuant to subsection 1 of
this Section shall charge and collect an additional fee in an
amount equal to the amount of the fee imposed pursuant to
subsection 1 of this Section, except the fee imposed under this
subsection may not be more than $15. This additional fee shall
be paid by the defendant upon a judgment of guilty or grant of
supervision for a violation under the State Parks Act, the
Recreational Trails of Illinois Act, the Illinois Explosives
Act, the Timber Buyers Licensing Act, the Forest Products
Transportation Act, the Firearm Owners Identification Card
Act, the Environmental Protection Act, the Fish and Aquatic
Life Code, the Wildlife Code, the Cave Protection Act, the
Illinois Exotic Weed Act, the Illinois Forestry Development
Act, the Ginseng Harvesting Act, the Illinois Lake Management
Program Act, the Illinois Natural Areas Preservation Act, the
Illinois Open Land Trust Act, the Open Space Lands Acquisition
and Development Act, the Illinois Prescribed Burning Act, the
State Forest Act, the Water Use Act of 1983, the Illinois
Veteran, Youth, and Young Adult Conservation Jobs Act, the
Snowmobile Registration and Safety Act, the Boat Registration
and Safety Act, the Illinois Dangerous Animals Act, the Hunter
and Fishermen Interference Prohibition Act, the Wrongful Tree
Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
the Illinois Vehicle Code, or Section 48-3 or 48-10 of the
Criminal Code of 2012.
1.7. Starting on September 18, 2016 (the 30th day after the
effective date of Public Act 99-859) this amendatory Act of the
99th General Assembly, a clerk of the circuit court in any
county that imposes a fee pursuant to subsection 1 of this
Section shall also charge and collect an additional $9
e-business fee. The fee shall be paid at the time of filing the
first pleading, paper, or other appearance filed by each party
in all civil cases, except no additional fee shall be required
if more than one party is presented in a single pleading,
paper, or other appearance. The fee shall be collected in the
manner in which all other fees or costs are collected. The fee
shall be in addition to all other fees and charges of the
clerk, and assessable as costs, and may be waived only if the
judge specifically provides for the waiver of the e-business
fee. The fee shall not be charged in any matter coming to the
clerk on a change of venue, nor in any proceeding to review the
decision of any administrative officer, agency, or body.
2. With respect to the fee imposed under subsection 1 of
this Section, each clerk shall commence such charges and
collections upon receipt of written notice from the chairman of
the county board together with a certified copy of the board's
resolution, which the clerk shall file of record in his office.
3. With respect to the fee imposed under subsection 1 of
this Section, such fees shall be in addition to all other fees
and charges of such clerks, and assessable as costs, and may be
waived only if the judge specifically provides for the waiver
of the court automation fee. The fees shall be remitted monthly
by such clerk to the county treasurer, to be retained by him in
a special fund designated as the court automation fund. The
fund shall be audited by the county auditor, and the board
shall make expenditure from the fund in payment of any cost
related to the automation of court records, including hardware,
software, research and development costs and personnel related
thereto, provided that the expenditure is approved by the clerk
of the court and by the chief judge of the circuit court or his
designate.
4. With respect to the fee imposed under subsection 1 of
this Section, such fees shall not be charged in any matter
coming to any such clerk on change of venue, nor in any
proceeding to review the decision of any administrative
officer, agency or body.
5. With respect to the additional fee imposed under
subsection 1.5 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the State Police Operations Assistance
Fund.
6. (Blank). With respect to the additional fees imposed
under subsection 1.5 of this Section, the Director of State
Police may direct the use of these fees for homeland security
purposes by transferring these fees on a quarterly basis from
the State Police Operations Assistance Fund into the Illinois
Law Enforcement Alarm Systems (ILEAS) Fund for homeland
security initiatives programs. The transferred fees shall be
allocated, subject to the approval of the ILEAS Executive
Board, as follows: (i) 66.6% shall be used for homeland
security initiatives and (ii) 33.3% shall be used for airborne
operations. The ILEAS Executive Board shall annually supply the
Director of State Police with a report of the use of these
fees.
7. With respect to the additional fee imposed under
subsection 1.6 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the Conservation Police Operations
Assistance Fund.
8. With respect to the fee imposed under subsection 1.7 of
this Section, the clerk shall remit the fee to the State
Treasurer within one month after receipt for deposit into the
Supreme Court Special Purposes Fund. Unless otherwise
authorized by this Act, the moneys deposited into the Supreme
Court Special Purposes Fund under this subsection are not
subject to administrative charges or chargebacks under Section
20 of the State Treasurer Act.
(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14;
98-1016, eff. 8-22-14; 99-859, eff. 8-19-16. Repealed by P.A.
100-987, eff. 7-1-19.)
(730 ILCS 5/3-2-2.2 rep.)
Section 105. The Unified Code of Corrections is amended by
repealing Section 3-2-2.2.
Section 990. The State Mandates Act is amended by adding
Section 8.43 as follows:
(30 ILCS 805/8.43 new)
Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 101st General Assembly.
Section 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance