HB3830ham001 93RD GENERAL ASSEMBLY

State Government Administration Committee

Filed: 02/19/04

09300HB3830ham001 LRB093 12599 MKM 47695 a

AMENDMENT TO HOUSE BILL 3830

AMENDMENT NO. ______. Amend House Bill 3830 by replacing everything after the enacting clause with the following:

"Section 5. The State Finance Act is amended by changing Sections 8h and 8j as follows:

(30 ILCS 105/8h)

Sec. 8h. Transfers to General Revenue Fund. Notwithstanding any other State law to the contrary, the Director of the Governor's Office of Management and Budget may from time to time direct the State Treasurer and Comptroller to transfer a specified sum from any fund held by the State Treasurer to the General Revenue Fund in order to help defray the State's operating costs for the fiscal year. The total transfer under this Section from any fund in any fiscal year shall not exceed the lesser of 8% of the revenues to be deposited into the fund during that year or 25% of the beginning balance in the fund. No transfer may be made from a fund under this Section that would have the effect of reducing the available balance in the fund to an amount less than the amount remaining unexpended and unreserved from the total appropriation from that fund for that fiscal year. This Section does not apply to any funds that are restricted by federal law to a specific use or to any funds in the Motor Fuel Tax Fund or the Hospital Provider Fund. Notwithstanding any other provision of this Section, the total transfer under this Section from the Road Fund or the State Construction Account Fund shall not exceed 5% of the revenues to be deposited into the fund during that year.

In determining the available balance in a fund, the Director of the Governor's Office of Management and Budget may include receipts, transfers into the fund, and other resources anticipated to be available in the fund in 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 Director of the Governor's Office of Management and Budget.

If the Director of the Governor's Office of Management and Budget directs the State Treasurer and the Comptroller to transfer moneys into the General Revenue Fund under this Section, he or she shall notify the Illinois Economic and Fiscal Commission of the direction to transfer the moneys and the amount directed to be transferred.

This Section is repealed on June 30, 2004.

(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)

(30 ILCS 105/8j)

Sec. 8j. Allocation and transfer of fee receipts to General Revenue Fund. If and only if any one or more of Senate Bills 774, 841, 842, and 1903 of the 93rd General Assembly become law, Notwithstanding any other law to the contrary, additional amounts generated by the new and increased fees created or authorized by Public Acts 93-22, 93-23, 93-24, and 93-32 these amendatory Acts of the 93rd General Assembly this amendatory Act of the 93rd General Assembly and by Senate Bill 774, Senate Bill 841, and Senate Bill 842 of the 93rd General Assembly, if those bills become law, shall be allocated between the fund otherwise entitled to receive the fee and the General Revenue Fund by the Governor's Office of Management and Budget Bureau of the Budget. In determining the amount of the allocation to the General Revenue Fund, the Director of the Governor's Office of Management and Budget Bureau of the Budget shall calculate whether the available resources in the fund are sufficient to satisfy the unexpended and unreserved appropriations from the fund for the fiscal year.

In calculating the available resources in a fund, the Director of the Governor's Office of Management and Budget Bureau of the Budget may include receipts, transfers into the fund, and other resources anticipated to be available in the fund in that fiscal year.

Upon determining the amount of an allocation to the General Revenue Fund under this Section, the Director of the Governor's Office of Management and Budget Bureau of the Budget may direct the State Treasurer and Comptroller to transfer the amount of that allocation from the fund in which the fee amounts have been deposited to the General Revenue Fund; provided, however, that the Director shall not direct the transfer of any amount that would have the effect of reducing the available resources in the fund to an amount less than the amount remaining unexpended and unreserved from the total appropriation from that fund for 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 Director of the Governor's Office of Management and Budget Bureau of the Budget.

If the Director of the Governor's Office of Management and Budget directs the State Treasurer and the Comptroller to transfer moneys into the General Revenue Fund under this Section, he or she shall notify the Illinois Economic and Fiscal Commission of the direction to transfer the moneys and the amount directed to be transferred.

(Source: P.A. 93-25, eff. 6-20-03; 93-32, eff. 6-20-03; revised 8-21-03.)

Section 99. Effective date. This Act takes effect upon becoming law.".