HB7177sam001 93RD GENERAL ASSEMBLY

Sen. Patrick Welch

Filed: 5/31/2004

09300HB7177sam001 LRB093 16367 MKM 52015 a

AMENDMENT TO HOUSE BILL 7177

AMENDMENT NO. ______. Amend House Bill 7177 by replacing everything after the enacting clause with the following:

"Section 15. The State Finance Act is amended by adding Section 25.5 as follows:

(30 ILCS 105/25.5 new)

Sec. 25.5. Fiscal Year 2005 limitations; contingency reserves.

(a) As used in this Section, "State agency" has the meaning set forth in Section 1-7 of the Illinois State Auditing Act.

As used in this Section, "appropriation for an exempted purpose" means an appropriation for (i) grants payable by the State Board of Education or (ii) the purposes of the Children's Health Insurance Program Act.

As used in this Section, "appropriate certifying officer" means:

(1) The Lieutenant Governor, as to appropriations made to that officer and as to appropriations from which that officer is authorized to approve expenditures under Section 10 of this Act.

(2) The Attorney General, as to appropriations made to that officer and as to appropriations from which that officer is authorized to approve expenditures under Section 10 of this Act.

(3) The Secretary of State, as to appropriations made to that officer and as to appropriations from which that officer is authorized to approve expenditures under Section 10 of this Act.

(4) The Treasurer, as to appropriations made to that officer and as to appropriations from which that officer is authorized to approve expenditures under Section 10 of this Act.

(5) The Comptroller, as to appropriations made to that officer and as to appropriations from which that officer is authorized to approve expenditures under Section 10 of this Act.

(6) The Auditor General, as to appropriations made to that officer and as to appropriations from which that officer is authorized to approve expenditures under Section 10 of this Act.

(7) The President of the Senate, as to appropriations made to that officer and as to appropriations from which that officer is authorized to approve expenditures under Section 10 of this Act.

(8) The President of the Senate, acting with the concurrence of the Senate Operations Commission, as to appropriations made to the Senate Operations Commission.

(9) The Minority Leader of the Senate, as to appropriations made to that officer and as to appropriations from which that officer is authorized to approve expenditures under Section 10 of this Act.

(10) The Speaker of the House of Representatives, as to appropriations made to that officer and as to appropriations from which that officer is authorized to approve expenditures under Section 10 of this Act.

(11) The Minority Leader of the House of Representatives, as to appropriations made to that officer and as to appropriations from which that officer is authorized to approve expenditures under Section 10 of this Act.

(12) The Chairman of the Joint Committee on Legislative Support Services, acting with the approval of that Committee, as to appropriations to the legislative support services agencies.

(13) The President of the Senate and the Speaker of the House of Representatives, acting jointly, as to appropriations to State agencies that are part of the Legislative Branch of government but are not included under item (7), (8), (9), (10), (11) or (12).

(14) The Chief Justice of the Illinois Supreme Court, as to appropriations to State agencies that are part of the Judicial Branch of Government.

(15) The Governor in all other cases.

(b) The appropriate certifying officer shall designate as a contingency reserve an amount equal to 2.25% of the total appropriations made to each State agency from the General Revenue Fund for State fiscal year 2005, excluding all appropriations for exempted purposes. The contingency reserve need not be applied uniformly across all programs and items of appropriation, but may be applied to the various programs and items of appropriation as the certifying officer deems appropriate, except that no contingency reserve may be established out of an appropriation for an exempted purpose.

(c) The specific amounts and line items in any State agency appropriation to be held in a contingency reserve shall be certified by the appropriate certifying officer to the Comptroller, the Governor, and the 4 Legislative Leaders no later than the close of business on July 30, 2004. A designated contingency reserve becomes effective upon certification.

(d) If the designated contingency reserve in an item of appropriation exceeds the available balance in that item on the date of the certification, the Comptroller shall so notify the certifying authority. The certifying authority shall file an amended certification within 15 days after receiving the notice.

(e) Appropriated amounts placed in a contingency reserve shall not be obligated, encumbered, or expended. Any periodic transfer or automatic expenditure based upon an appropriated amount for which a contingency reserve has been established shall be reduced to reflect that contingency reserve.

(f) Notwithstanding any other provision of this amendatory Act of the 93rd General Assembly, the contingency reserves authorized herein shall not exceed a total of $400,000,000.

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