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| Public Act 098-0307 | ||||
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Finance Act is amended by changing | ||||
Section 6z-64 as follows: | ||||
(30 ILCS 105/6z-64) | ||||
Sec. 6z-64. The Workers' Compensation Revolving Fund. | ||||
(a) The Workers' Compensation Revolving Fund is created as | ||||
a revolving fund, not subject to fiscal year limitations, in | ||||
the State treasury. The following moneys shall be deposited | ||||
into the Fund: | ||||
(1) amounts authorized for transfer to the Fund from | ||||
the General Revenue Fund and other State funds (except for | ||||
funds classified by the Comptroller as federal trust funds | ||||
or State trust funds) pursuant to State law or Executive | ||||
Order; | ||||
(2) federal funds received by the Department of Central | ||||
Management Services (the "Department") as a result of | ||||
expenditures from the Fund; | ||||
(3) interest earned on moneys in the Fund; | ||||
(4) receipts or inter-fund transfers resulting from | ||||
billings issued to State agencies and universities for the | ||||
cost of workers' compensation services that are not | ||||
compensated through the specific fund transfers authorized | ||
by this Section, if any; | ||
(5) amounts received from a State agency or university | ||
for workers' compensation payments for temporary total | ||
disability, as provided in Section 405-105 of the | ||
Department of Central Management Services Law of the Civil | ||
Administrative Code of Illinois; and | ||
(6) amounts recovered through subrogation in workers' | ||
compensation and workers' occupational disease cases. | ||
(b) Moneys in the Fund may be used by the Department for | ||
reimbursement or payment for: | ||
(1) providing workers' compensation services to State | ||
agencies and State universities; or | ||
(2) providing for payment of administrative and other | ||
expenses (and, beginning January 1, 2013, fees and charges | ||
made pursuant to a contract with a private vendor) incurred | ||
in providing workers' compensation services. The | ||
Department, or any successor agency designated to enter | ||
into contracts with one or more private vendors for the | ||
administration of the workers' compensation program for | ||
State employees pursuant to subsection 10b of Section | ||
405-105 of the Department of Central Management Services | ||
Law of the Civil Administrative Code of Illinois, is | ||
authorized to establish one or more special funds, as | ||
separate accounts provided by any bank or banks as defined | ||
by the Illinois Banking Act, any savings and loan | ||
association or associations as defined by the Illinois | ||
Savings and Loan Act of 1985, or any credit union as | ||
defined by the Illinois Credit Union Act, to be held by the | ||
Director outside of the State treasury, for the purpose of | ||
receiving the transfer of moneys from the Workers' | ||
Compensation Revolving Fund. The Department may promulgate | ||
rules further defining the methodology for the transfers. | ||
Any interest earned by moneys in the funds or accounts | ||
shall be deposited into the Workers' Compensation | ||
Revolving Fund. The transferred moneys, and interest | ||
accrued thereon, shall be used exclusively for transfers to | ||
contracted private vendors or their financial institutions | ||
for payments to workers' compensation claimants and | ||
providers for workers' compensation services, claims, and | ||
benefits pursuant to this Section and subsection 9 of | ||
Section 405-105 of the Department of Central Management | ||
Services Law of the Civil Administrative Code of Illinois. | ||
The transferred moneys, and interest accrued thereon, | ||
shall not be used for any other purpose including, but not | ||
limited to, reimbursement or payment of administrative | ||
fees due the contracted vendor pursuant to its contract or | ||
contracts with the Department. | ||
(c) State agencies may direct the Comptroller to process | ||
inter-fund
transfers or make payment through the voucher and | ||
warrant process to the Workers' Compensation Revolving Fund in | ||
satisfaction of billings issued under subsection (a) of this | ||
Section. | ||
(d) Reconciliation. For the fiscal year beginning on July | ||
1, 2004 only, the Director of Central Management Services (the | ||
"Director") shall order that each State agency's payments and | ||
transfers made to the Fund be reconciled with actual Fund costs | ||
for workers' compensation services provided by the Department | ||
and attributable to the State agency and relevant fund on no | ||
less than an annual basis. The Director may require reports | ||
from State agencies as deemed necessary to perform this | ||
reconciliation. | ||
(d-5) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2005 and until June 30, 2006, | ||
in addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Director | ||
of Central Management Services, the State Comptroller shall | ||
direct and the State Treasurer shall transfer amounts into the | ||
Workers' Compensation Revolving Fund from the designated funds | ||
not exceeding the following totals: | ||
Mental Health Fund............................$17,694,000 | ||
Statistical Services Revolving Fund............$1,252,600 | ||
Department of Corrections Reimbursement | ||
and Education Fund.........................$1,198,600 | ||
Communications Revolving Fund....................$535,400 | ||
Child Support Administrative Fund................$441,900 | ||
Health Insurance Reserve Fund....................$238,900 | ||
Fire Prevention Fund.............................$234,100 | ||
Park and Conservation Fund.......................$142,000 | ||
Motor Fuel Tax Fund..............................$132,800 | ||
Illinois Workers' Compensation | ||
Commission Operations Fund...................$123,900 | ||
State Boating Act Fund...........................$112,300 | ||
Public Utility Fund..............................$106,500 | ||
State Lottery Fund...............................$101,300 | ||
Traffic and Criminal Conviction | ||
Surcharge Fund................................$88,500 | ||
State Surplus Property Revolving Fund.............$82,700 | ||
Natural Areas Acquisition Fund....................$65,600 | ||
Securities Audit and Enforcement Fund.............$65,200 | ||
Agricultural Premium Fund.........................$63,400 | ||
Capital Development Fund..........................$57,500 | ||
State Gaming Fund.................................$54,300 | ||
Underground Storage Tank Fund.....................$53,700 | ||
Illinois State Medical Disciplinary Fund..........$53,000 | ||
Personal Property Tax Replacement Fund............$53,000 | ||
General Professions Dedicated Fund...............$51,900
| ||
Total $23,003,100
| ||
(d-10) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on the first day of each calendar quarter | ||
of the fiscal year beginning July 1, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund amounts equal to | ||
one-fourth of each of the following totals: | ||
General Revenue Fund......................... $34,000,000 | ||
Road Fund.................................... $25,987,000 | ||
Total $59,987,000
| ||
(d-12) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on the effective date of this amendatory | ||
Act of the 94th General Assembly, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund the following | ||
amounts: | ||
General Revenue Fund..........................$10,000,000 | ||
Road Fund......................................$5,000,000 | ||
Total $15,000,000
| ||
(d-15) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund the following | ||
amounts: | ||
General Revenue Fund.........................$44,028,200
| ||
Road Fund....................................$28,084,000
| ||
Total $72,112,200
| ||
(d-20) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2006 and until June 30, 2007, | ||
in addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Director | ||
of Central Management Services, the State Comptroller shall | ||
direct and the State Treasurer shall transfer amounts into the | ||
Workers' Compensation Revolving Fund from the designated funds | ||
not exceeding the following totals: | ||
Mental Health Fund............................$19,121,800 | ||
Statistical Services Revolving Fund............$1,353,700 | ||
Department of Corrections Reimbursement | ||
and Education Fund.........................$1,295,300 | ||
Communications Revolving Fund....................$578,600 | ||
Child Support Administrative Fund................$477,600 | ||
Health Insurance Reserve Fund....................$258,200 | ||
Fire Prevention Fund.............................$253,000 | ||
Park and Conservation Fund.......................$153,500 | ||
Motor Fuel Tax Fund..............................$143,500 | ||
Illinois Workers' Compensation | ||
Commission Operations Fund...................$133,900 | ||
State Boating Act Fund...........................$121,400 | ||
Public Utility Fund..............................$115,100 | ||
State Lottery Fund...............................$109,500 | ||
Traffic and Criminal Conviction Surcharge Fund....$95,700 | ||
State Surplus Property Revolving Fund.............$89,400 | ||
Natural Areas Acquisition Fund....................$70,800 | ||
Securities Audit and Enforcement Fund.............$70,400 | ||
Agricultural Premium Fund.........................$68,500 | ||
State Gaming Fund.................................$58,600 | ||
Underground Storage Tank Fund.....................$58,000 | ||
Illinois State Medical Disciplinary Fund..........$57,200 | ||
Personal Property Tax Replacement Fund............$57,200 | ||
General Professions Dedicated Fund...............$56,100
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Total $24,797,000
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(d-25) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on July 1, 2009, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund the following | ||
amounts: | ||
General Revenue Fund.........................$55,000,000 | ||
Road Fund....................................$34,803,000 | ||
Total $89,803,000 | ||
(d-30) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2009 and until June 30, 2010, | ||
in addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Director | ||
of Central Management Services, the State Comptroller shall | ||
direct and the State Treasurer shall transfer amounts into the | ||
Workers' Compensation Revolving Fund from the designated funds | ||
not exceeding the following totals: | ||
Food and Drug Safety Fund.........................$13,900 | ||
Teacher Certificate Fee Revolving Fund.............$6,500 | ||
Transportation Regulatory Fund....................$14,500 | ||
Financial Institution Fund........................$25,200 | ||
General Professions Dedicated Fund................$25,300 | ||
Illinois Veterans' Rehabilitation Fund............$64,600 | ||
State Boating Act Fund...........................$177,100 | ||
State Parks Fund.................................$104,300 | ||
Lobbyist Registration Administration Fund.........$14,400 | ||
Agricultural Premium Fund.........................$79,100 | ||
Fire Prevention Fund.............................$360,200 | ||
Mental Health Fund.............................$9,725,200 | ||
Illinois State Pharmacy Disciplinary Fund..........$5,600 | ||
Public Utility Fund...............................$40,900 | ||
Radiation Protection Fund.........................$14,200 | ||
Firearm Owner's Notification Fund..................$1,300 | ||
Solid Waste Management Fund.......................$74,100 | ||
Illinois Gaming Law Enforcement Fund..............$17,800 | ||
Subtitle D Management Fund........................$14,100 | ||
Illinois State Medical Disciplinary Fund..........$26,500 | ||
Facility Licensing Fund...........................$11,700 | ||
Plugging and Restoration Fund......................$9,100 | ||
Explosives Regulatory Fund.........................$2,300 | ||
Aggregate Operations Regulatory Fund...............$5,000 | ||
Coal Mining Regulatory Fund........................$1,900 | ||
Registered Certified Public Accountants' | ||
Administration and Disciplinary Fund...........$1,500 | ||
Weights and Measures Fund.........................$56,100 | ||
Division of Corporations Registered | ||
Limited Liability Partnership Fund.............$3,900 | ||
Illinois School Asbestos Abatement Fund...........$14,000 | ||
Secretary of State Special License Plate Fund.....$30,700 | ||
Capital Development Board Revolving Fund..........$27,000 | ||
DCFS Children's Services Fund.....................$69,300 | ||
Asbestos Abatement Fund...........................$17,200 | ||
Illinois Health Facilities Planning Fund..........$26,800 | ||
Emergency Public Health Fund.......................$5,600 | ||
Nursing Dedicated and Professional Fund...........$10,000 | ||
Optometric Licensing and Disciplinary | ||
Board Fund.....................................$1,600 | ||
Underground Resources Conservation | ||
Enforcement Fund..............................$11,500 | ||
Drunk and Drugged Driving Prevention Fund.........$18,200 | ||
Long Term Care Monitor/Receiver Fund..............$35,400 | ||
Community Water Supply Laboratory Fund.............$5,600 | ||
Securities Investors Education Fund................$2,000 | ||
Used Tire Management Fund.........................$32,400 | ||
Natural Areas Acquisition Fund...................$101,200 | ||
Open Space Lands Acquisition | ||
and
Development Fund..................$28,400 | ||
Working Capital Revolving Fund...................$489,100 | ||
State Garage Revolving Fund......................$791,900 | ||
Statistical Services Revolving Fund............$3,984,700 | ||
Communications Revolving Fund..................$1,432,800 | ||
Facilities Management Revolving Fund...........$1,911,600 | ||
Professional Services Fund.......................$483,600 | ||
Motor Vehicle Review Board Fund...................$15,000 | ||
Environmental Laboratory Certification Fund........$3,000 | ||
Public Health Laboratory Services | ||
Revolving Fund.................................$2,500 | ||
Lead Poisoning Screening, Prevention, | ||
and Abatement Fund............................$28,200 | ||
Securities Audit and Enforcement Fund............$258,400 | ||
Department of Business Services | ||
Special Operations Fund......................$111,900 | ||
Feed Control Fund.................................$20,800 | ||
Tanning Facility Permit Fund.......................$5,400 | ||
Plumbing Licensure and Program Fund...............$24,400 | ||
Tax Compliance and Administration Fund............$27,200 | ||
Appraisal Administration Fund......................$2,400 | ||
Small Business Environmental Assistance Fund.......$2,200 | ||
Illinois State Fair Fund..........................$31,400 | ||
Secretary of State Special Services Fund.........$317,600 | ||
Department of Corrections Reimbursement | ||
and Education Fund...........................$324,500 | ||
Health Facility Plan Review Fund..................$31,200 | ||
Illinois Historic Sites Fund......................$11,500 | ||
Attorney General Court Ordered and Voluntary | ||
Compliance Payment Projects Fund..............$18,500 | ||
Public Pension Regulation Fund.....................$5,600 | ||
Illinois Charity Bureau Fund......................$11,400 | ||
Renewable Energy Resources Trust Fund..............$6,700 | ||
Energy Efficiency Trust Fund.......................$3,600 | ||
Pesticide Control Fund............................$56,800 | ||
Attorney General Whistleblower Reward | ||
and Protection Fund...........................$14,200 | ||
Partners for Conservation Fund....................$36,900 | ||
Capital Litigation Trust Fund........................$800 | ||
Motor Vehicle License Plate Fund..................$99,700 | ||
Horse Racing Fund.................................$18,900 | ||
Death Certificate Surcharge Fund..................$12,800 | ||
Auction Regulation Administration Fund...............$500 | ||
Motor Carrier Safety Inspection Fund..............$55,800 | ||
Assisted Living and Shared Housing | ||
Regulatory Fund..................................$900 | ||
Illinois Thoroughbred Breeders Fund................$9,200 | ||
Illinois Clean Water Fund.........................$42,300 | ||
Secretary of State DUI Administration Fund........$16,100 | ||
Child Support Administrative Fund..............$1,037,900 | ||
Secretary of State Police Services Fund............$1,200 | ||
Tourism Promotion Fund............................$34,400 | ||
IMSA Income Fund..................................$12,700 | ||
Presidential Library and Museum Operating Fund....$83,000 | ||
Dram Shop Fund....................................$44,500 | ||
Illinois State Dental Disciplinary Fund............$5,700 | ||
Cycle Rider Safety Training Fund...................$8,700 | ||
Traffic and Criminal Conviction Surcharge Fund...$106,100 | ||
Design Professionals Administration | ||
and Investigation Fund.........................$4,500 | ||
State Police Services Fund.......................$276,100 | ||
Metabolic Screening and Treatment Fund............$90,800 | ||
Insurance Producer Administration Fund............$45,600 | ||
Coal Technology Development Assistance Fund.......$11,700 | ||
Hearing Instrument Dispenser Examining | ||
and Disciplinary Fund..........................$1,900 | ||
Low-Level Radioactive Waste Facility | ||
Development and Operation Fund.................$1,000 | ||
Environmental Protection Permit and | ||
Inspection Fund...............................$66,900 | ||
Park and Conservation Fund.......................$199,300 | ||
Local Tourism Fund.................................$2,400 | ||
Illinois Capital Revolving Loan Fund..............$10,000 | ||
Large Business Attraction Fund.......................$100 | ||
Adeline Jay Geo-Karis Illinois Beach | ||
Marina Fund...................................$27,200 | ||
Public Infrastructure Construction | ||
Loan Revolving Fund............................$1,700 | ||
Insurance Financial Regulation Fund...............$69,200 | ||
Total $24,197,800 | ||
(d-35) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on July 1, 2010, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund the following | ||
amounts: | ||
General Revenue Fund.........................$55,000,000 | ||
Road Fund....................................$50,955,300 | ||
Total $105,955,300 | ||
(d-40) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2010 and until June 30, 2011, | ||
in addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Director | ||
of Central Management Services, the State Comptroller shall | ||
direct and the State Treasurer shall transfer amounts into the | ||
Workers' Compensation Revolving Fund from the designated funds | ||
not exceeding the following totals: | ||
Food and Drug Safety Fund.........................$8,700 | ||
Financial Institution Fund.......................$44,500 | ||
General Professions Dedicated Fund...............$51,400 | ||
Live and Learn Fund..............................$10,900 | ||
Illinois Veterans' Rehabilitation Fund..........$106,000 | ||
State Boating Act Fund..........................$288,200 | ||
State Parks Fund................................$185,900 | ||
Wildlife and Fish Fund........................$1,550,300 | ||
Lobbyist Registration Administration Fund........$18,100 | ||
Agricultural Premium Fund.......................$176,100 | ||
Mental Health Fund..............................$291,900 | ||
Firearm Owner's Notification Fund.................$2,300 | ||
Illinois Gaming Law Enforcement Fund.............$11,300 | ||
Illinois State Medical Disciplinary Fund.........$42,300 | ||
Facility Licensing Fund..........................$14,200 | ||
Plugging and Restoration Fund....................$15,600 | ||
Explosives Regulatory Fund........................$4,800 | ||
Aggregate Operations Regulatory Fund..............$6,000 | ||
Coal Mining Regulatory Fund.......................$7,200 | ||
Registered Certified Public Accountants' | ||
Administration and Disciplinary Fund..........$1,900 | ||
Weights and Measures Fund.......................$105,200 | ||
Division of Corporations Registered | ||
Limited Liability Partnership Fund............$5,300 | ||
Illinois School Asbestos Abatement Fund..........$19,900 | ||
Secretary of State Special License Plate Fund....$38,700 | ||
DCFS Children's Services Fund...................$123,100 | ||
Illinois Health Facilities Planning Fund.........$29,700 | ||
Emergency Public Health Fund......................$6,800 | ||
Nursing Dedicated and Professional Fund..........$13,500 | ||
Optometric Licensing and Disciplinary | ||
Board Fund....................................$1,800 | ||
Underground Resources Conservation | ||
Enforcement Fund.............................$16,500 | ||
Mandatory Arbitration Fund........................$5,400 | ||
Drunk and Drugged Driving Prevention Fund........$26,400 | ||
Long Term Care Monitor/Receiver Fund.............$43,800 | ||
Securities Investors Education Fund..............$28,500 | ||
Used Tire Management Fund.........................$6,300 | ||
Natural Areas Acquisition Fund..................$185,000 | ||
Open Space Lands Acquisition and | ||
Development Fund.............................$46,800 | ||
Working Capital Revolving Fund..................$741,500 | ||
State Garage Revolving Fund.....................$356,200 | ||
Statistical Services Revolving Fund...........$1,775,900 | ||
Communications Revolving Fund...................$630,600 | ||
Facilities Management Revolving Fund............$870,800 | ||
Professional Services Fund......................$275,500 | ||
Motor Vehicle Review Board Fund..................$12,900 | ||
Public Health Laboratory Services | ||
Revolving Fund................................$5,300 | ||
Lead Poisoning Screening, Prevention, | ||
and Abatement Fund...........................$42,100 | ||
Securities Audit and Enforcement Fund...........$162,700 | ||
Department of Business Services | ||
Special Operations Fund.....................$143,700 | ||
Feed Control Fund................................$32,300 | ||
Tanning Facility Permit Fund......................$3,900 | ||
Plumbing Licensure and Program Fund..............$32,600 | ||
Tax Compliance and Administration Fund...........$48,400 | ||
Appraisal Administration Fund.....................$3,600 | ||
Illinois State Fair Fund.........................$30,200 | ||
Secretary of State Special Services Fund........$214,400 | ||
Department of Corrections Reimbursement | ||
and Education Fund..........................$438,300 | ||
Health Facility Plan Review Fund.................$29,900 | ||
Public Pension Regulation Fund....................$9,900 | ||
Pesticide Control Fund..........................$107,500 | ||
Partners for Conservation Fund..................$189,300 | ||
Motor Vehicle License Plate Fund................$143,800 | ||
Horse Racing Fund................................$20,900 | ||
Death Certificate Surcharge Fund.................$16,800 | ||
Auction Regulation Administration Fund............$1,000 | ||
Motor Carrier Safety Inspection Fund.............$56,800 | ||
Assisted Living and Shared Housing | ||
Regulatory Fund...............................$2,200 | ||
Illinois Thoroughbred Breeders Fund..............$18,100 | ||
Secretary of State DUI Administration Fund.......$19,800 | ||
Child Support Administrative Fund.............$1,809,500 | ||
Secretary of State Police Services Fund...........$2,500 | ||
Medical Special Purposes Trust Fund..............$20,400 | ||
Dram Shop Fund...................................$57,200 | ||
Illinois State Dental Disciplinary Fund...........$9,500 | ||
Cycle Rider Safety Training Fund.................$12,200 | ||
Traffic and Criminal Conviction Surcharge Fund..$128,900 | ||
Design Professionals Administration | ||
and Investigation Fund........................$7,300 | ||
State Police Services Fund......................$335,700 | ||
Metabolic Screening and Treatment Fund...........$81,600 | ||
Insurance Producer Administration Fund...........$77,000 | ||
Hearing Instrument Dispenser Examining | ||
and Disciplinary Fund.........................$1,900 | ||
Park and Conservation Fund......................$361,500 | ||
Adeline Jay Geo-Karis Illinois Beach | ||
Marina Fund..................................$42,800 | ||
Insurance Financial Regulation Fund.............$108,000 | ||
Total $13,033,200 | ||
(d-45) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on July 1, 2011, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer the sum of $45,000,000 from | ||
the General Revenue Fund into the Workers' Compensation | ||
Revolving Fund. | ||
(e) The term "workers' compensation services" means | ||
services, claims expenses, and related administrative costs | ||
incurred in performing the duties under
Sections 405-105 and | ||
405-411 of the Department of Central Management Services Law of | ||
the Civil Administrative Code of Illinois.
| ||
(Source: P.A. 96-45, eff. 7-15-09; 96-959, eff. 7-1-10; 97-641, | ||
eff. 12-19-11; 97-895, eff. 8-3-12.) | ||
Section 10. The Illinois Procurement Code is amended by | ||
changing Section 45-57 as follows: | ||
(30 ILCS 500/45-57) | ||
Sec. 45-57. Veterans. | ||
(a) Set-aside goal. It is the goal of the State to promote | ||
and encourage the continued economic development of small | ||
businesses owned and controlled by qualified veterans and that | ||
qualified service-disabled veteran-owned small businesses | ||
(referred to as SDVOSB) and veteran-owned small businesses | ||
(referred to as VOSB) participate in the State's procurement | ||
process as both prime contractors and subcontractors. Not less | ||
than 3% of the total dollar amount of State contracts, as | ||
defined by the Director of Central Management Services, shall | ||
be established as a goal to be awarded to SDVOSB and VOSB. That
| ||
portion of a contract under which the contractor subcontracts
| ||
with a SDVOSB or VOSB may be counted toward the
goal of this | ||
subsection. The Department of Central Management Services | ||
shall adopt rules to implement compliance with this subsection | ||
by all State agencies. | ||
(b) Fiscal year reports. By each September 1, each chief | ||
procurement officer shall report to the Department of Central | ||
Management Services on all of the following for the immediately | ||
preceding fiscal year, and by each March 1 the Department of | ||
Central Management Services shall compile and report that | ||
information to the General Assembly: | ||
(1) The total number of VOSB, and the number of SDVOSB, | ||
who submitted bids for contracts under this Code. | ||
(2) The total number of VOSB, and the number of SDVOSB, | ||
who entered into contracts with the State under this Code | ||
and the total value of those contracts. | ||
(c) Yearly review and recommendations. Each year, each | ||
chief procurement officer shall review the progress of all | ||
State agencies under its jurisdiction in meeting the goal | ||
described in subsection (a), with input from statewide | ||
veterans' service organizations and from the business | ||
community, including businesses owned by qualified veterans, | ||
and shall make recommendations to be included in the Department | ||
of Central Management Services' report to the General Assembly | ||
regarding continuation, increases, or decreases of the | ||
percentage goal. The recommendations shall be based upon the | ||
number of businesses that are owned by qualified veterans and | ||
on the continued need to encourage and promote businesses owned | ||
by qualified veterans. | ||
(d) Governor's recommendations. To assist the State in | ||
reaching the goal described in subsection (a), the Governor | ||
shall recommend to the General Assembly changes in programs to | ||
assist businesses owned by qualified veterans. | ||
(e) Definitions. As used in this Section: | ||
"Armed forces of the United States" means the United States | ||
Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | ||
active duty as defined under 38 U.S.C. Section 101. Service in | ||
the Merchant Marine that constitutes active duty under Section | ||
401 of federal Public Act 95-202 shall also be considered | ||
service in the armed forces for purposes of this Section. | ||
"Certification" means a determination made by the Illinois | ||
Department of Veterans' Affairs and the Department of Central | ||
Management Services that a business entity is a qualified | ||
service-disabled veteran-owned small business or a qualified | ||
veteran-owned small business for whatever purpose. A SDVOSB or | ||
VOSB owned and controlled by females, minorities, or persons | ||
with disabilities, as those terms are defined in Section 2 of | ||
the Business Enterprise for Minorities, Females, and Persons | ||
with Disabilities Act, may also shall select and designate | ||
whether that business is to be certified as a "female-owned | ||
business", "minority-owned business", or "business owned by a | ||
person with a disability", as defined in Section 2 of the | ||
Business Enterprise for Minorities, Females, and Persons with | ||
Disabilities Act, or as a qualified SDVOSB or qualified VOSB | ||
under this Section. | ||
"Control" means the exclusive, ultimate, majority, or sole | ||
control of the business, including but not limited to capital | ||
investment and all other financial matters, property, | ||
acquisitions, contract negotiations, legal matters, | ||
officer-director-employee selection and comprehensive hiring, | ||
operation responsibilities, cost-control matters, income and | ||
dividend matters, financial transactions, and rights of other | ||
shareholders or joint partners. Control shall be real, | ||
substantial, and continuing, not pro forma. Control shall | ||
include the power to direct or cause the direction of the | ||
management and policies of the business and to make the | ||
day-to-day as well as major decisions in matters of policy, | ||
management, and operations. Control shall be exemplified by | ||
possessing the requisite knowledge and expertise to run the | ||
particular business, and control shall not include simple | ||
majority or absentee ownership. | ||
"Qualified service-disabled veteran" means a
veteran who | ||
has been found to have 10% or more service-connected disability | ||
by the United States Department of Veterans Affairs or the | ||
United States Department of Defense. | ||
"Qualified service-disabled veteran-owned small business" | ||
or "SDVOSB" means a small business (i) that is at least 51% | ||
owned by one or more qualified service-disabled veterans living | ||
in Illinois or, in the case of a corporation, at least 51% of | ||
the stock of which is owned by one or more qualified | ||
service-disabled veterans living in Illinois; (ii) that has its | ||
home office in Illinois; and (iii) for which items (i) and (ii) | ||
are factually verified annually by the Department of Central | ||
Management Services. | ||
"Qualified veteran-owned small business" or "VOSB" means a | ||
small business (i) that is at least 51% owned by one or more | ||
qualified veterans living in Illinois or, in the case of a | ||
corporation, at least 51% of the stock of which is owned by one | ||
or more qualified veterans living in Illinois; (ii) that has | ||
its home office in Illinois; and (iii) for which items (i) and | ||
(ii) are factually verified annually by the Department of | ||
Central Management Services. | ||
"Service-connected disability" means a disability incurred | ||
in the line of duty in the active military, naval, or air | ||
service as described in 38 U.S.C. 101(16). | ||
"Small business" means a business that has annual gross | ||
sales of less than $75,000,000 as evidenced by the federal | ||
income tax return of the business. A firm with gross sales in | ||
excess of this cap may apply to the Department of Central | ||
Management Services for certification for a particular | ||
contract if the firm can demonstrate that the contract would | ||
have significant impact on SDVOSB or VOSB as suppliers or | ||
subcontractors or in employment of veterans or | ||
service-disabled veterans. | ||
"State agency" has the same meaning as in Section 2 of the | ||
Business Enterprise for Minorities, Females, and Persons with | ||
Disabilities Act. | ||
"Time of hostilities with a foreign country" means any | ||
period of time in the past, present, or future during which a | ||
declaration of war by the United States Congress has been or is | ||
in effect or during which an emergency condition has been or is | ||
in effect that is recognized by the issuance of a Presidential | ||
proclamation or a Presidential executive order and in which the | ||
armed forces expeditionary medal or other campaign service | ||
medals are awarded according to Presidential executive order. | ||
"Veteran" means a person who (i) has been a member of the | ||
armed forces of the United States or, while a citizen of the | ||
United States, was a member of the armed forces of allies of | ||
the United States in time of hostilities with a foreign country | ||
and (ii) has served under one or more of the following | ||
conditions: (a) the veteran served a total of at least 6 | ||
months; (b) the veteran served for the duration of hostilities | ||
regardless of the length of the engagement; (c) the veteran was | ||
discharged on the basis of hardship; or (d) the veteran was | ||
released from active duty because of a service connected | ||
disability and was discharged under honorable conditions. | ||
(f) Certification program. The Illinois Department of | ||
Veterans' Affairs and the Department of Central Management | ||
Services shall work together to devise a certification | ||
procedure to assure that businesses taking advantage of this | ||
Section are legitimately classified as qualified | ||
service-disabled veteran-owned small businesses or qualified | ||
veteran-owned small businesses.
| ||
(g) Penalties. | ||
(1) Administrative penalties. The Department of | ||
Central Management Services shall suspend any person who | ||
commits a violation of Section 17-10.3 or subsection (d) of | ||
Section 33E-6 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 relating to this Section from bidding on, or | ||
participating as a contractor, subcontractor, or supplier | ||
in, any State contract or project for a period of not less | ||
than 3 years, and, if the person is certified as a | ||
service-disabled veteran-owned small business or a | ||
veteran-owned small business, then the Department shall | ||
revoke the business's certification for a period of not | ||
less than 3 years. An additional or subsequent violation | ||
shall extend the periods of suspension and revocation for a | ||
period of not less than 5 years. The suspension and | ||
revocation shall apply to the principals of the business | ||
and any subsequent business formed or financed by, or | ||
affiliated with, those principals. | ||
(2) Reports of violations. Each State agency shall | ||
report any alleged violation of Section 17-10.3 or | ||
subsection (d) of Section 33E-6 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 relating to this Section | ||
to the Department of Central Management Services. The | ||
Department of Central Management Services shall | ||
subsequently report all such alleged violations to the | ||
Attorney General, who shall determine whether to bring a | ||
civil action against any person for the violation. | ||
(3) List of suspended persons. The Department of | ||
Central Management Services shall monitor the status of all | ||
reported violations of Section 17-10.3 or subsection (d) of | ||
Section 33E-6 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 relating to this Section and shall maintain | ||
and make available to all State agencies a central listing | ||
of all persons that committed violations resulting in | ||
suspension. | ||
(4) Use of suspended persons. During the period of a | ||
person's suspension under paragraph (1) of this | ||
subsection, a State agency shall not enter into any | ||
contract with that person or with any contractor using the | ||
services of that person as a subcontractor. | ||
(5) Duty to check list. Each State agency shall check | ||
the central listing provided by the Department of Central | ||
Management Services under paragraph (3) of this subsection | ||
to verify that a person being awarded a contract by that | ||
State agency, or to be used as a subcontractor or supplier | ||
on a contract being awarded by that State agency, is not | ||
under suspension pursuant to paragraph (1) of this | ||
subsection. | ||
(Source: P.A. 96-96, eff. 1-1-10; 97-260, eff. 8-5-11; 97-1150, | ||
eff. 1-25-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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