20 ILCS 2105/2105-300
2021 Illinois Compiled Statutes|Chapter 20 - EXECUTIVE BRANCH|20 ILCS 2105/ - Civil Administrative Code of Illinois. (Department of Professional Regulation Law)|Article 2105 - Department Of Professional Regulation

 (was 20 ILCS 2105/61e)Sec. 2105-300. Professions Indirect Cost Fund; allocations;  analyses.(a) Appropriations for the direct and allocable indirect costs of licensing  and regulating each regulated profession, trade, occupation, or industry are intended to  be payable from the fees and fines that are assessed and collected from that  profession, trade, occupation, or industry, to the extent that those fees and fines are  sufficient.  In any fiscal year in which the fees and fines generated by a  specific profession, trade, occupation, or industry are insufficient to finance the  necessary direct and allocable indirect costs of licensing and regulating that  profession, trade,  occupation, or industry, the remainder of those costs shall be  financed from appropriations payable from revenue sources other than fees and  fines.  The direct and allocable indirect costs of the Department identified in  its cost allocation plans that are not attributable to the licensing and  regulation of a specific profession, trade, or occupation, or industry or group of  professions, trades, occupations, or industries shall be financed from appropriations from  revenue sources other than fees and fines.(b) The Professions Indirect Cost Fund is hereby created as a special fund  in the State Treasury. Except as provided in subsection (e), the Fund may receive transfers of moneys authorized by  the Department from the cash balances in special  funds that receive revenues from the fees and fines associated with the  licensing of regulated professions, trades, occupations, and industries by the Department.   Moneys in the Fund shall be invested and earnings on the investments shall  be retained in the Fund.  Subject to appropriation, the Department shall use moneys in the Fund to pay  the ordinary and necessary allocable indirect expenses associated with each of  the regulated professions, trades,  occupations, and industries.(c) Before the beginning of each fiscal year, the Department shall prepare  a cost allocation analysis to be used in establishing the necessary  appropriation levels for each cost purpose and revenue source.  At the  conclusion  of each fiscal year, the Department shall prepare a cost allocation  analysis reflecting the extent of the variation between how the costs were  actually financed in that year and the planned cost allocation for that year.  Variations between the planned and actual cost allocations for the prior fiscal  year shall be adjusted into the Department's planned cost allocation for the  next fiscal year.Each cost allocation analysis shall separately identify the direct and  allocable indirect costs of each regulated profession, trade, occupation, or industry and  the costs of the Department's general public health and safety purposes.  The analyses shall determine whether the direct and allocable indirect  costs of each regulated profession, trade,  occupation, or industry and the costs of the  Department's general public health and safety purposes are sufficiently  financed from their respective funding sources.  The Department shall prepare  the cost allocation analyses in consultation with the respective regulated  professions, trades, occupations, and industries and shall make copies of the analyses  available to them in a timely fashion.(d) Except as provided in subsection (e), the Department may direct the State Comptroller and Treasurer to  transfer moneys from the special funds that receive fees and fines associated  with regulated professions, trades, occupations, and industries into the Professions  Indirect Cost Fund in accordance with the Department's cost allocation analysis  plan for the applicable fiscal year.  For a given fiscal year, the Department  shall not direct the transfer of moneys under this subsection from a special  fund associated with a specific regulated profession, trade, occupation, or industry (or  group of professions, trades, occupations, or industries) in an amount exceeding the  allocable indirect costs associated with that profession, trade, occupation, or industry  (or group of professions, trades, occupations, or industries) as provided in the cost  allocation analysis for that fiscal year and adjusted for allocation variations  from the prior fiscal year.  No direct costs identified in the cost allocation  plan shall be used as a basis for transfers into the Professions Indirect Cost  Fund or for expenditures from the Fund.(e) No transfer may be made to the Professions Indirect Cost Fund under this Section from the Public Pension Regulation Fund. (Source: P.A. 99-227, eff. 8-3-15.)