HB3157ham002 94TH GENERAL ASSEMBLY

Rep. Ron Stephens

Filed: 4/12/2005

09400HB3157ham002 LRB094 07825 RAS 45058 a

AMENDMENT TO HOUSE BILL 3157

AMENDMENT NO. ______. Amend House Bill 3157 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Drug Test Sample Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Public Health.

"Scheduled drug" means a drug scheduled under the Illinois Controlled Substances Act.

Section 10. Drug test samples; per-test fee. If and only if House Bill 3513 of the 94th General Assembly or House Bill 2446 of the 94th General Assembly becomes law, the Department of Public Health shall impose and collect an $8 fee upon urine, hair, skin, cells, or bodily secretions or substances submitted within the State for testing conducted to detect the presence of any scheduled drug. This fee shall be imposed upon samples that are physically tested outside of the State for the purpose of detecting any scheduled drug if the sample was taken within the State.

Section 15. Use of funds. Each entity performing tests for scheduled drugs shall report to the Department the number of samples submitted within the State and, pursuant to Section 10 of this Act, shall submit the collected fee for each sample to the Department. The Methamphetamine Treatment Fund and the Autism Community-Based Residential Services Fund are created as special funds in the State treasury. The Department shall deposit two-thirds of the moneys collected from the fee into the Methamphetamine Treatment Fund. Private donations and grants from foundations may also be deposited into the Methamphetamine Treatment Fund. If and only if House Bill 3513 of the 94th General Assembly becomes law, moneys in the Methamphetamine Treatment Fund shall be used, subject to appropriation, by the Department of Human Services to fund grants to providers of services for methamphetamine addicts and community outreach and education programs established under the Alcoholism and Other Drug Abuse and Dependency Act. The Department shall deposit one-third of the moneys collected from the fee into the Autism Community-Based Residential Services Fund. Private donations and grants from foundations may also be deposited into the Autism Community-Based Residential Services Fund. If and only if House Bill 2446 of the 94th General Assembly becomes law, moneys in the Autism Community-Based Residential Services Fund shall be used, subject to appropriation, by the Department of Human Services to fund the pilot program to provide community-based residential services to individuals with severe autism who are 21 years of age or older established under the Developmental Disability and Mental Disability Services Act.

Section 20. Rulemaking. The Department shall adopt any rules necessary for the implementation and administration of this Act.

Section 90. The State Finance Act is amended by adding Sections 5.640 and 5.641 and by changing Section 8h as follows:

(30 ILCS 105/5.640 new)

Sec. 5.640. The Methamphetamine Treatment Fund.

(30 ILCS 105/5.641 new)

Sec. 5.641. The Autism Community-Based Residential Services Fund.

(30 ILCS 105/8h)

Sec. 8h. Transfers to General Revenue Fund.

(a) Except as provided in subsection (b), notwithstanding any other State law to the contrary, the Governor may, through June 30, 2007, 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 (i) 8% of the revenues to be deposited into the fund during that fiscal year or (ii) an amount that leaves a remaining fund balance of 25% of the July 1 fund balance of that fiscal year. In fiscal year 2005 only, prior to calculating the July 1, 2004 final balances, the Governor may calculate and direct the State Treasurer with the Comptroller to transfer additional amounts determined by applying the formula authorized in Public Act 93-839 to the funds balances on July 1, 2003. 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 estimated to be expended for that fiscal year. This Section does not apply to any funds that are restricted by federal law to a specific use, to any funds in the Motor Fuel Tax Fund, the Hospital Provider Fund, the Medicaid Provider Relief Fund, the Methamphetamine Treatment Fund, the Autism Community-Based Residential Services Fund, or the Reviewing Court Alternative Dispute Resolution Fund, or to any funds to which subsection (f) of Section 20-40 of the Nursing and Advanced Practice Nursing Act applies. Notwithstanding any other provision of this Section, for fiscal year 2004, the total transfer under this Section from the Road Fund or the State Construction Account Fund shall not exceed the lesser of (i) 5% of the revenues to be deposited into the fund during that fiscal year or (ii) 25% of the beginning balance in the fund. For fiscal year 2005 through fiscal year 2007, no amounts may be transferred under this Section from the Road Fund, the State Construction Account Fund, the Criminal Justice Information Systems Trust Fund, the Wireless Service Emergency Fund, or the Mandatory Arbitration Fund.

In determining the available balance in a fund, the Governor 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 Governor.

(b) This Section does not apply to any fund established under the Community Senior Services and Resources Act.

(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. 1-15-05.)

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