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09500HB2253ham001 |
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LRB095 01315 BDD 35226 a |
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| amended by House Bill 750 of the 95th General Assembly will |
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| lead to increased revenues to the State, much of which will be |
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| deposited into the General Revenue Fund. It is the intention of |
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| this Section to apply a portion of those increased revenues for |
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| the purpose of purchase of care contracts and grant agreements |
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| to further assist the citizens of Illinois.
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| (b) The Human Services Cost-Of-Doing-Business Fund is |
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| created as a special fund in the State treasury. Moneys in the |
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| Fund may be used only for the purposes of an annual |
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| cost-of-doing-business adjustment, as set forth under |
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| subsection (d). |
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| (c) Each State fiscal year, beginning with the first fiscal |
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| year that begins after the effective date of House Bill 750 of |
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| the 95th General Assembly, the State Treasurer shall transfer |
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| to the Fund, from the General Revenue Fund, the amount of |
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| $175,000,000, adjusted annually after the first full fiscal |
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| year for which the Fund is established based upon the |
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| Employment Cost Index. Moneys received for the purposes of this |
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| Section, including, without limitation, transfers, |
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| appropriations, and gifts, grants, and awards from any public |
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| or private entity must be deposited into the Fund. Any interest |
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| earnings that are attributable to moneys in the Fund must be |
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| deposited into the Fund. |
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| (d) The moneys in the Fund shall be used, subject to |
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| appropriation, to provide for all or part of an annual 3% cost |
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| of doing business adjustment for purchase of care contracts and |
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LRB095 01315 BDD 35226 a |
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| grant agreements entered into between (i) the Department of |
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| Children and Family Services, the Department of Human Services, |
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| the Department of Public Health, the Department of Healthcare |
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| and Family Services, the Department on Aging, the Office of the |
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| Attorney General, the Department of Corrections, the |
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| Department of Juvenile Justice, or the Department of Commerce |
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| and Economic Opportunity and (ii) a private community-based |
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| contractual provider or grantee. |
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| (e) The Fund is not subject to sweeps, administrative |
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| charges, or charge-backs, including but not limited to, those |
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| authorized under Section 8h of the State Finance Act or any |
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| other fiscal or budgetary maneuver that would in any way |
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| transfer any funds from the Fund into any other fund of the |
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| State. |
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| (f) As used in this Section: |
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| "Employment Cost Index" has the meaning set forth in |
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| Section 4 of the General Assembly Compensation Act. |
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| "Grant" has the meaning set forth in Section 1-15.42 of the |
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| Illinois Procurement Code. |
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| "Purchase of care contract" means a contract between a |
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| State officer or agency and a private provider under which |
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| rates for services are set in accordance with a formula that |
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| takes personnel, supplies, and other allowable costs into |
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| account. The term "purchase of care contract" does not include |
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| any contract for a provider of medical services.
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09500HB2253ham001 |
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LRB095 01315 BDD 35226 a |
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. |
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| (a) Except as otherwise provided in this Section and |
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| Section 8n of this Act, and (c), (d), or (e),
notwithstanding |
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| any other
State law to the contrary, the Governor
may, through |
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| June 30, 2007, from time to time direct the State Treasurer and |
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| Comptroller to transfer
a specified sum from any fund held by |
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| the State Treasurer to the General
Revenue Fund in order to |
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| help defray the State's operating costs for the
fiscal year. |
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| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the |
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| revenues to be deposited
into the fund during that fiscal year |
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| or (ii) an amount that leaves a remaining fund balance of 25% |
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| of the July 1 fund balance of that fiscal year. In fiscal year |
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| 2005 only, prior to calculating the July 1, 2004 final |
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| balances, the Governor may calculate and direct the State |
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| Treasurer with the Comptroller to transfer additional amounts |
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| determined by applying the formula authorized in Public Act |
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| 93-839 to the funds balances on July 1, 2003.
No transfer may |
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| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an |
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| amount less than
the amount remaining unexpended and unreserved |
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| from the total appropriation
from that fund estimated to be |
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| expended for that fiscal year. This Section does not apply to |
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| any
funds that are restricted by federal law to a specific use, |
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| to any funds in
the Motor Fuel Tax Fund, the Intercity |
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LRB095 01315 BDD 35226 a |
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| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid |
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| Provider Relief Fund, the Teacher Health Insurance Security |
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| Fund, the Reviewing Court Alternative Dispute Resolution Fund, |
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| the Voters' Guide Fund, the Foreign Language Interpreter Fund, |
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| the Lawyers' Assistance Program Fund, the Supreme Court Federal |
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| Projects Fund, the Supreme Court Special State Projects Fund, |
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| the Supplemental Low-Income Energy Assistance Fund, the Good |
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| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste |
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| Facility Development and Operation Fund, the Horse Racing |
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| Equity Trust Fund, or the Hospital Basic Services Preservation |
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| Fund, or to any
funds to which subsection (f) of Section 20-40 |
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| of the Nursing and Advanced Practice Nursing Act applies. No |
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| transfers may be made under this Section from the Pet |
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| Population Control Fund. Notwithstanding any
other provision |
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| of this Section, for fiscal year 2004,
the total transfer under |
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| this Section from the Road Fund or the State
Construction |
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| Account Fund shall not exceed the lesser of (i) 5% of the |
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| revenues to be deposited
into the fund during that fiscal year |
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| or (ii) 25% of the beginning balance in the fund.
For fiscal |
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| year 2005 through fiscal year 2007, no amounts may be |
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| transferred under this Section from the Road Fund, the State |
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| Construction Account Fund, the Criminal Justice Information |
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| Systems Trust Fund, the Wireless Service Emergency Fund, or the |
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| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the |
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| Governor
may include receipts, transfers into the fund, and |
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LRB095 01315 BDD 35226 a |
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| other
resources anticipated to be available in the fund in that |
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| fiscal year.
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| The State Treasurer and Comptroller shall transfer the |
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| amounts designated
under this Section as soon as may be |
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| practicable after receiving the direction
to transfer from the |
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| Governor.
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| (a-5) Transfers directed to be made under this Section on |
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| or before February 28, 2006 that are still pending on May 19, |
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| 2006 ( the effective date of Public Act 94-774)
this amendatory |
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| Act of the 94th General Assembly shall be redirected as |
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| provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The |
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| Cure Fund; (ii) any fund established under the Community Senior |
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| Services and Resources Act; or (iii) on or after January 1, |
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| 2006 (the effective date of Public Act 94-511), the Child Labor |
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| and Day and Temporary Labor Enforcement Fund. |
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| (c) This Section does not apply to the Demutualization |
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| Trust Fund established under the Uniform Disposition of |
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| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the |
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| Illinois State Podiatric Disciplinary Fund for podiatric |
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| scholarships and residency programs under the Podiatric |
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| Scholarship and Residency Act. |
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| (e) Subsection (a) does not apply to, and no transfer may |
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| be made under this Section from, the Pension Stabilization |
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| Fund.
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09500HB2253ham001 |
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LRB095 01315 BDD 35226 a |
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| This Section does not apply to the Human Services |
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| Cost-Of-Doing-Business Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
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| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; |
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| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. |
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| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. |
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| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, |
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| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; |
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| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. |
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| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, |
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| eff. 6-6-06; revised 6-19-06.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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