Bill Text: IL SB0366 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Attorney General Act. Makes a technical change in the Section concerning the short title of the Act.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2009-04-28 - Public Act . . . . . . . . . 96-0008 [SB0366 Detail]

Download: Illinois-2009-SB0366-Enrolled.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:
ARTICLE 1. SHORT TITLE; PURPOSE
Section 1-1. Short title. This Act may be cited as the
FY2009 Budget Implementation (Spring Supplemental) Act.
Section 1-5. Purpose. It is the purpose of this Act to make
changes in State programs that are necessary to implement the
Governor's Fiscal Year 2009 supplemental budget
recommendations as a result of enactment of the American
Recovery and Reinvestment Act of 2009.
ARTICLE 5. FEDERAL RECOVERY
Section 5-5. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by adding
Section 2705-585 as follows:
(20 ILCS 2705/2705-585 new)
Sec. 2705-585. Diversity goals.
(a) To the extent permitted by any applicable federal law
or regulation, all State construction projects funded from

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amounts (i) made available under the Governor's Fiscal Year
2009 supplemental budget or the American Recovery and
Reinvestment Act of 2009 and (ii) that are appropriated to the
Illinois Department of Transportation shall comply with the
Business Enterprise for Minorities, Females, and Persons with
Disabilities Act.
(b) The Illinois Department of Transportation shall
appoint representatives to professional and artistic services
selection committees representative of the State's ethnic,
cultural, and geographic diversity, including, but not limited
to, at least one person from each of the following: an
association representing the interests of African American
business owners, an association representing the interests of
Latino business owners, and an association representing the
interests of women business owners. These committees shall
comply with all requirements of the Open Meetings Act.
Section 5-10. The State Finance Act is amended by changing
Section 6z-52 as follows:
(30 ILCS 105/6z-52)
Sec. 6z-52. Drug Rebate Fund.
(a) There is created in the State Treasury a special fund
to be known as the Drug Rebate Fund.
(b) The Fund is created for the purpose of receiving and
disbursing moneys in accordance with this Section.

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Disbursements from the Fund shall be made, subject to
appropriation, only as follows:
(1) For payments to pharmacies for reimbursement for
prescription drugs provided to a recipient of aid under
Article V of the Illinois Public Aid Code or the Children's
Health Insurance Program Act.
(2) For reimbursement of moneys collected by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) through error or
mistake.
(3) For payments of any amounts that are reimbursable
to the federal government resulting from a payment into
this Fund.
(c) The Fund shall consist of the following:
(1) Upon notification from the Director of Healthcare
and Family Services, the Comptroller shall direct and the
Treasurer shall transfer the net State share (disregarding
the reduction in net State share attributable to the
American Recovery and Reinvestment Act of 2009 or any other
federal economic stimulus program) of all moneys received
by the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid) from drug
rebate agreements with pharmaceutical manufacturers
pursuant to Title XIX of the federal Social Security Act,
including any portion of the balance in the Public Aid
Recoveries Trust Fund on July 1, 2001 that is attributable

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to such receipts.
(2) All federal matching funds received by the Illinois
Department as a result of expenditures made by the
Department that are attributable to moneys deposited in the
Fund.
(3) Any premium collected by the Illinois Department
from participants under a waiver approved by the federal
government relating to provision of pharmaceutical
services.
(4) All other moneys received for the Fund from any
other source, including interest earned thereon.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 5-12. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Section 4 as follows:
(30 ILCS 575/4) (from Ch. 127, par. 132.604)
(Section scheduled to be repealed on June 30, 2010)
Sec. 4. Award of State contracts.
(a) Except as provided in subsection (b), not less than 12%
of the total dollar amount of State contracts, as defined by
the Secretary of the Council and approved by the Council, shall
be established as a goal to be awarded to businesses owned by
minorities, females, and persons with disabilities; provided,
however, that contracts representing at least five-twelfths of

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the total amount of all State contracts awarded to businesses
owned by minorities, females, and persons with disabilities
pursuant to this Section shall be awarded to female owned
businesses, and that contracts representing at least one-sixth
of the total amount of all State contracts awarded to
businesses owned by minorities, females, and persons with
disabilities pursuant to this Section shall be awarded to
businesses owned by persons with disabilities.
The above percentage relates to the total dollar amount of
State contracts during each State fiscal year, calculated by
examining independently each type of contract for each agency
or university which lets such contracts. Only that percentage
of arrangements which represents the participation of
businesses owned by minorities, females, and persons with
disabilities on such contracts shall be included.
(b) In the case of State construction contracts, the
provisions of subsection (a) requiring a portion of State
contracts to be awarded to businesses owned and controlled by
persons with disabilities do not apply. Not less than 10% of
the total dollar amount of State construction contracts is
established as a goal to be awarded to minority and female
owned businesses, and contracts representing 50% of the amount
of all State construction contracts awarded to minority and
female owned businesses shall be awarded to female owned
businesses.
(c) Within one year after the effective date of this

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amendatory Act of the 96th General Assembly, the Department of
Central Management Services shall conduct a social scientific
study that measures the impact of discrimination on minority
and female business development in Illinois. Within 18 months
after the effective date of this amendatory Act, the Department
shall issue a report of its findings and any recommendations on
whether to adjust the goals for minority and female
participation established in this Act. Copies of this report
and the social scientific study shall be filed with the
Governor and the General Assembly.
(Source: P.A. 87-701; 88-597, eff. 8-28-94.)
Section 5-15. The Illinois Public Aid Code is amended by
changing Section 5A-10 as follows:
(305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
Sec. 5A-10. Applicability.
(a) The assessment imposed by Section 5A-2 shall not take
effect or shall cease to be imposed, and any moneys remaining
in the Fund shall be refunded to hospital providers in
proportion to the amounts paid by them, if:
(1) The sum of the appropriations for State fiscal
years 2004 and 2005 from the General Revenue Fund for
hospital payments under the medical assistance program is
less than $4,500,000,000 or the appropriation for each of
State fiscal years 2006, 2007 and 2008 from the General

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Revenue Fund for hospital payments under the medical
assistance program is less than $2,500,000,000 increased
annually to reflect any increase in the number of
recipients, or the annual appropriation for State fiscal
years 2009 through 2013, from the General Revenue Fund
combined with the Hospital Provider Fund as authorized in
Section 5A-8 for hospital payments under the medical
assistance program, is less than the amount appropriated
for State fiscal year 2009, adjusted annually to reflect
any change in the number of recipients, excluding State
fiscal year 2009 supplemental appropriations made
necessary by the enactment of the American Recovery and
Reinvestment Act of 2009; or
(2) For State fiscal years prior to State fiscal year
2009, the Department of Healthcare and Family Services
(formerly Department of Public Aid) makes changes in its
rules that reduce the hospital inpatient or outpatient
payment rates, including adjustment payment rates, in
effect on October 1, 2004, except for hospitals described
in subsection (b) of Section 5A-3 and except for changes in
the methodology for calculating outlier payments to
hospitals for exceptionally costly stays, so long as those
changes do not reduce aggregate expenditures below the
amount expended in State fiscal year 2005 for such
services; or
(2.1) For State fiscal years 2009 through 2013, the

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Department of Healthcare and Family Services adopts any
administrative rule change to reduce payment rates or
alters any payment methodology that reduces any payment
rates made to operating hospitals under the approved Title
XIX or Title XXI State plan in effect January 1, 2008
except for:
(A) any changes for hospitals described in
subsection (b) of Section 5A-3; or
(B) any rates for payments made under this Article
V-A; or
(C) any changes proposed in State plan amendment
transmittal numbers 08-01, 08-02, 08-04, 08-06, and
08-07; or
(3) The payments to hospitals required under Section
5A-12 or Section 5A-12.2 are changed or are not eligible
for federal matching funds under Title XIX or XXI of the
Social Security Act.
(b) The assessment imposed by Section 5A-2 shall not take
effect or shall cease to be imposed if the assessment is
determined to be an impermissible tax under Title XIX of the
Social Security Act. Moneys in the Hospital Provider Fund
derived from assessments imposed prior thereto shall be
disbursed in accordance with Section 5A-8 to the extent federal
financial participation is not reduced due to the
impermissibility of the assessments, and any remaining moneys
shall be refunded to hospital providers in proportion to the

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amounts paid by them.
(Source: P.A. 94-242, eff. 7-18-05; 95-331, eff. 8-21-07;
95-859, eff. 8-19-08.)
Section 5-20. The Environmental Protection Act is amended
by changing Sections 19.1, 19.3, and 19.4 as follows:
(415 ILCS 5/19.1) (from Ch. 111 1/2, par. 1019.1)
Sec. 19.1. Legislative findings. The General Assembly
finds:
(a) that local government units require assistance in
financing the construction of wastewater treatment works in
order to comply with the State's program of environmental
protection and federally mandated requirements;
(b) that the federal Water Quality Act of 1987 provides an
important source of grant awards to the State for providing
assistance to local government units through the Water
Pollution Control Loan Program;
(c) that local government units and privately owned
community water supplies require assistance in financing the
construction of their public water supplies to comply with
State and federal drinking water laws and regulations;
(d) that the federal Safe Drinking Water Act ("SDWA"), P.L.
93-523, as now or hereafter amended, provides an important
source of capitalization grant awards to the State to provide
assistance to local government units and privately owned

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community water supplies through the Public Water Supply Loan
Program;
(e) that violations of State and federal drinking water
standards threaten the public interest, safety, and welfare,
which demands that the Illinois Environmental Protection
Agency expeditiously adopt emergency rules to administer the
Public Water Supply Loan Program; and
(f) that the General Assembly agrees with the conclusions
and recommendations of the "Report to the Illinois General
Assembly on the Issue of Expanding Public Water Supply Loan
Eligibility to Privately Owned Community Water Supplies",
dated August 1998, including the stated access to the Public
Water Supply Loan Program by the privately owned public water
supplies so that the long term integrity and viability of the
corpus of the Fund will be assured; and .
(g) that the American Recovery and Reinvestment Act of 2009
provides a source of capitalization grant awards to the State
to provide loans and additional subsidization, including, but
not limited to, forgiveness of principal, negative interest
loans, and grants, to local government units through the Water
Pollution Control Loan Program and to local government units
and privately owned community water supplies through the Public
Water Supply Loan Program.
(Source: P.A. 91-52, eff. 6-30-99; 91-501, eff. 8-13-99;
92-651, eff. 7-11-02.)

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(415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
Sec. 19.3. Water Revolving Fund.
(a) There is hereby created within the State Treasury a
Water Revolving Fund, consisting of 3 interest-bearing special
programs to be known as the Water Pollution Control Loan
Program, the Public Water Supply Loan Program, and the Loan
Support Program, which shall be used and administered by the
Agency.
(b) The Water Pollution Control Loan Program shall be used
and administered by the Agency to provide assistance for the
following purposes:
(1) to accept and retain funds from grant awards,
appropriations, transfers, and payments of interest and
principal;
(2) to make direct loans at or below market interest
rates to any eligible local government unit to finance the
construction of wastewater treatments works;
(2.5) with respect to funds provided under the American
Recovery and Reinvestment Act of 2009:
(A) to make direct loans at or below market
interest rates to any eligible local government unit
and to provide additional subsidization to any
eligible local government unit, including, but not
limited to, forgiveness of principal, negative
interest rates, and grants;
(B) to make direct loans at or below market

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interest rates to any eligible local government unit to
buy or refinance debt obligations for treatment works
incurred on or after October 1, 2008; and
(C) to provide additional subsidization,
including, but not limited to, forgiveness of
principal, negative interest rates, and grants for
treatment works incurred on or after October 1, 2008;
(3) to make direct loans at or below market interest
rates to any eligible local government unit to buy or
refinance debt obligations for treatment works incurred
after March 7, 1985;
(3.5) to make direct loans at or below market interest
rates for the implementation of a management program
established under Section 319 of the Federal Water
Pollution Control Act, as amended;
(4) to guarantee or purchase insurance for local
obligations where such action would improve credit market
access or reduce interest rates;
(5) as a source of revenue or security for the payment
of principal and interest on revenue or general obligation
bonds issued by the State or any political subdivision or
instrumentality thereof, if the proceeds of such bonds will
be deposited in the Fund;
(6) to finance the reasonable costs incurred by the
Agency in the administration of the Fund; and
(7) to transfer funds to the Public Water Supply Loan

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Program.
(c) The Loan Support Program shall be used and administered
by the Agency for the following purposes:
(1) to accept and retain funds from grant awards and
appropriations;
(2) to finance the reasonable costs incurred by the
Agency in the administration of the Fund, including
activities under Title III of this Act, including the
administration of the State construction grant program;
(3) to transfer funds to the Water Pollution Control
Loan Program and the Public Water Supply Loan Program;
(4) to accept and retain a portion of the loan
repayments;
(5) to finance the development of the low interest loan
program for public water supply projects;
(6) to finance the reasonable costs incurred by the
Agency to provide technical assistance for public water
supplies; and
(7) to finance the reasonable costs incurred by the
Agency for public water system supervision programs, to
administer or provide for technical assistance through
source water protection programs, to develop and implement
a capacity development strategy, to delineate and assess
source water protection areas, and for an operator
certification program in accordance with Section 1452 of
the federal Safe Drinking Water Act.

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(d) The Public Water Supply Loan Program shall be used and
administered by the Agency to provide assistance to local
government units and privately owned community water supplies
for public water supplies for the following public purposes:
(1) to accept and retain funds from grant awards,
appropriations, transfers, and payments of interest and
principal;
(2) to make direct loans at or below market interest
rates to any eligible local government unit or to any
eligible privately owned community water supply to finance
the construction of water supplies;
(2.5) with respect to funds provided under the American
Recovery and Reinvestment Act of 2009:
(A) to make direct loans at or below market
interest rates to any eligible local government unit or
to any eligible privately owned community water
supply, and to provide additional subsidization to any
eligible local government unit or to any eligible
privately owned community water supply, including, but
not limited to, forgiveness of principal, negative
interest rates, and grants;
(B) to buy or refinance the debt obligation of a
local government unit for costs incurred on or after
October 1, 2008; and
(C) to provide additional subsidization,
including, but not limited to, forgiveness of

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principal, negative interest rates, and grants for a
local government unit for costs incurred on or after
October 1, 2008;
(3) to buy or refinance the debt obligation of a local
government unit for costs incurred on or after July 17,
1997;
(4) to guarantee local obligations where such action
would improve credit market access or reduce interest
rates;
(5) as a source of revenue or security for the payment
of principal and interest on revenue or general obligation
bonds issued by the State or any political subdivision or
instrumentality thereof, if the proceeds of such bonds will
be deposited into the Fund; and
(6) to transfer funds to the Water Pollution Control
Loan Program.
(e) The Agency is designated as the administering agency of
the Fund. The Agency shall submit to the Regional Administrator
of the United States Environmental Protection Agency an
intended use plan which outlines the proposed use of funds
available to the State. The Agency shall take all actions
necessary to secure to the State the benefits of the federal
Water Pollution Control Act and the federal Safe Drinking Water
Act, as now or hereafter amended.
(f) The Agency shall have the power to enter into
intergovernmental agreements with the federal government or

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the State, or any instrumentality thereof, for purposes of
capitalizing the Water Revolving Fund. Moneys on deposit in the
Water Revolving Fund may be used for the creation of reserve
funds or pledged funds that secure the obligations of repayment
of loans made pursuant to this Section. For the purpose of
obtaining capital for deposit into the Water Revolving Fund,
the Agency may also enter into agreements with financial
institutions and other persons for the purpose of selling loans
and developing a secondary market for such loans. The Agency
shall have the power to create and establish such reserve funds
and accounts as may be necessary or desirable to accomplish its
purposes under this subsection and to allocate its available
moneys into such funds and accounts. Investment earnings on
moneys held in the Water Revolving Fund, including any reserve
fund or pledged fund, shall be deposited into the Water
Revolving Fund.
(Source: P.A. 92-16, 6-28-01; 93-170, eff. 7-10-03.)
(415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
Sec. 19.4. Regulations; priorities.
(a) The Agency shall have the authority to promulgate
regulations to set forth procedures and criteria concerning
loan applications. For units of local government, the
regulations shall include, but need not be limited to, the
following elements:
(1) loan application requirements;

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(2) determination of credit worthiness of the loan
applicant;
(3) special loan terms, as necessary, for securing the
repayment of the loan;
(4) assurance of payment;
(5) interest rates;
(6) loan support rates;
(7) impact on user charges;
(8) eligibility of proposed construction;
(9) priority of needs;
(10) special loan terms for disadvantaged communities;
(11) maximum limits on annual distributions of funds to
applicants or groups of applicants;
(12) penalties for noncompliance with loan
requirements and conditions, including stop-work orders,
termination, and recovery of loan funds; and
(13) indemnification of the State of Illinois and the
Agency by the loan recipient.
(b) The Agency shall have the authority to promulgate
regulations to set forth procedures and criteria concerning
loan applications for loan recipients other than units of local
government. In addition to all of the elements required for
units of local government under subsection (a), the regulations
shall include, but need not be limited to, the following
elements:
(1) types of security required for the loan;

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(2) types of collateral, as necessary, that can be
pledged for the loan; and
(3) staged access to fund privately owned community
water supplies.
(c) The Agency shall develop and maintain a priority list
of loan applicants as categorized by need. Priority in making
loans from the Public Water Supply Loan Program must first be
given to local government units and privately owned community
water supplies that need to make capital improvements to
protect human health and to achieve compliance with the State
and federal primary drinking water standards adopted pursuant
to this Act and the federal Safe Drinking Water Act, as now and
hereafter amended.
(d) The Agency shall have the authority to promulgate
regulations to set forth procedures and criteria concerning
loan applications for funds provided under the American
Recovery and Reinvestment Act of 2009. In addition, due to time
constraints in the American Recovery and Reinvestment Act of
2009, the Agency shall adopt emergency rules as necessary to
allow the timely administration of funds provided under the
American Recovery and Reinvestment Act of 2009. Emergency rules
adopted under this subsection (d) shall be adopted in
accordance with Section 5-45 of the Illinois Administrative
Procedure Act.
(Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99; 91-501,
eff. 8-13-99; 92-16, eff. 6-28-01.)

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ARTICLE 10. RTA CLEAN/GREEN VEHICLES
Section 10-5. The Regional Transportation Authority Act is
amended by adding Section 2.32 as follows:
(70 ILCS 3615/2.32 new)
Sec. 2.32. Clean/green vehicles. Any vehicles purchased
from funds made available to the Authority from the
Transportation Bond, Series B Fund must incorporate
clean/green technologies and alternative fuel technologies, to
the extent practical.
ARTICLE 99. EFFECTIVE DATE
Section 99-99. Effective date. This Act takes effect upon