Bill Text: IL HB5513 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Governor's Office of Management and Budget Act. Creates the Annual Comprehensive Financial Report Internal Control Unit. Provides that the ACFR Internal Control Unit may develop policies, plans, and programs to be used by the Office for the coordination of the financial audit and may advise and assist State agencies in improving internal controls related to the State's financial statements and reporting. Provides that the ACFR Internal Control Unit is authorized to direct State agencies under the jurisdiction of the Governor in the adoption of internal control procedures and documentation necessary to address internal control deficiencies or resolve ACFR audit findings, and to direct implementation of such corrective actions. Requires each State agency under the jurisdiction of the Governor to furnish to the Office of Management and Budget such information as the Office may from time to time require. Provides that the Director or any duly authorized employee of the Office of Management and Budget shall, for the purpose of securing such information, have access to, and the right to examine and receive a copy of all documents, papers, reports, or records of any State agency under the jurisdiction of the Governor to assist in carrying out the Office's responsibilities under the provisions. Amends the Mental Health and Developmental Disabilities Code, the Motor Fuel Tax Law, and the Workers' Compensation Act. Deletes provisions requiring the Auditor General to conduct certain audits. Repeals a provision concerning annual audits. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0866 [HB5513 Detail]

Download: Illinois-2023-HB5513-Engrossed.html

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

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

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

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special district, municipal corporation, or other public
agency authorized to provide and promote public
transportation within the State; of that 20%:
(A) 90% shall be deposited into the Regional
Transportation Authority Capital Improvement Fund, a
special fund created in the State Treasury; moneys in
the Regional Transportation Authority Capital
Improvement Fund shall be used by the Regional
Transportation Authority for construction,
improvements, and deferred maintenance on mass transit
facilities and acquisition of buses and other
equipment; and
(B) 10% shall be deposited into the Downstate Mass
Transportation Capital Improvement Fund, a special
fund created in the State Treasury; moneys in the
Downstate Mass Transportation Capital Improvement Fund
shall be used by local mass transit districts other
than the Regional Transportation Authority for
construction, improvements, and deferred maintenance
on mass transit facilities and acquisition of buses
and other equipment.
(b) (Blank). Beginning on July 1, 2020, the Auditor
General shall conduct an annual financial audit of the
obligations, expenditures, receipt, and use of the funds
deposited into the Transportation Renewal Fund and provide
specific recommendations to help ensure compliance with State

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

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

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

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June 30 shall be submitted promptly by the Board to the
Chairman of the Illinois Workers' Compensation Commission and
to each Trustee. Written reports of all activities shall be
submitted to the Commission by the Board on a monthly basis.
(d) If there are monies remaining in the Fund after all
outstanding obligations of all insolvent self-insurers have
been satisfied and the costs of administration and defense
have been paid, such amounts shall be returned by the
Commission from the Fund as directed by the Board to the then
private self-insurers in that proportion which each said
private self-insurer has contributed to the Fund one year
thereafter, provided no outstanding liabilities remain against
the Fund.
(e) Each private self-insurer shall be subject to the
direction of the Commission as provided in Sections 4a-1
through 4a-9 as a condition of obtaining and maintaining its
certificate of authority to self-insure.
(Source: P.A. 102-910, eff. 5-27-22.)