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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by changing | ||||||
5 | Section 8h as follows: | ||||||
6 | (30 ILCS 105/8h)
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7 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
8 | (a) Except as provided in subsection (b), notwithstanding | ||||||
9 | any other
State law to the contrary, the Governor
may, through | ||||||
10 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
11 | Comptroller to transfer
a specified sum from any fund held by | ||||||
12 | the State Treasurer to the General
Revenue Fund in order to | ||||||
13 | help defray the State's operating costs for the
fiscal year. | ||||||
14 | The total transfer under this Section from any fund in any
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15 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
16 | revenues to be deposited
into the fund during that fiscal year | ||||||
17 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
18 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
19 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
20 | balances, the Governor may calculate and direct the State | ||||||
21 | Treasurer with the Comptroller to transfer additional amounts | ||||||
22 | determined by applying the formula authorized in Public Act | ||||||
23 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
24 | be made from a fund under this Section that would have the
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25 | effect of reducing the available balance in the fund to an | ||||||
26 | amount less than
the amount remaining unexpended and unreserved | ||||||
27 | from the total appropriation
from that fund estimated to be | ||||||
28 | expended for that fiscal year. This Section does not apply to | ||||||
29 | any
funds that are restricted by federal law to a specific use, | ||||||
30 | to any funds in
the Motor Fuel Tax Fund, the Intercity | ||||||
31 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
32 | Provider Relief Fund, the Teacher Health Insurance Security |
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1 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, | ||||||
2 | or the Voters' Guide Fund, the Foreign Language Interpreter | ||||||
3 | Fund, the Lawyers' Assistance Program Fund, the Supreme Court | ||||||
4 | Federal Projects Fund, the Supreme Court Special State Projects | ||||||
5 | Fund, the State's Attorneys Appellate Prosecutor's County | ||||||
6 | Fund,
or the Low-Level Radioactive Waste Facility Development | ||||||
7 | and Operation Fund, or the Hospital Basic Services Preservation | ||||||
8 | Fund, or to any
funds to which subsection (f) of Section 20-40 | ||||||
9 | of the Nursing and Advanced Practice Nursing Act applies. No | ||||||
10 | transfers may be made under this Section from the Pet | ||||||
11 | Population Control Fund. Notwithstanding any
other provision | ||||||
12 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
13 | this Section from the Road Fund or the State
Construction | ||||||
14 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
15 | revenues to be deposited
into the fund during that fiscal year | ||||||
16 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
17 | year 2005 through fiscal year 2007, no amounts may be | ||||||
18 | transferred under this Section from the Road Fund, the State | ||||||
19 | Construction Account Fund, the Criminal Justice Information | ||||||
20 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
21 | Mandatory Arbitration Fund.
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22 | In determining the available balance in a fund, the | ||||||
23 | Governor
may include receipts, transfers into the fund, and | ||||||
24 | other
resources anticipated to be available in the fund in that | ||||||
25 | fiscal year.
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26 | The State Treasurer and Comptroller shall transfer the | ||||||
27 | amounts designated
under this Section as soon as may be | ||||||
28 | practicable after receiving the direction
to transfer from the | ||||||
29 | Governor.
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30 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
31 | Cure Fund ; (ii)
or to any fund established under the Community | ||||||
32 | Senior Services and Resources Act; or (iii)
(ii) on or after | ||||||
33 | January 1, 2006 ( the effective date of Public Act 94-511)
this | ||||||
34 | amendatory Act of the 94th General Assembly , the Child Labor | ||||||
35 | and Day and Temporary Labor Enforcement Fund. | ||||||
36 | (c) This Section does not apply to the Demutualization |
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1 | Trust Fund established under the Uniform Disposition of | ||||||
2 | Unclaimed Property Act.
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3 | (d) This Section does not apply to the Underground Storage | ||||||
4 | Tank Fund.
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5 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
6 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
7 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
8 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
9 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
10 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
11 | 94-691, eff. 11-2-05; revised 11-15-05.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
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