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09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
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| (20 ILCS 1705/18.4)
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| Sec. 18.4. Community Mental Health Medicaid Trust Fund; |
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| reimbursement.
|
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| (a) The Community Mental Health Medicaid Trust Fund is |
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| hereby created
in the State Treasury.
|
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| (b) Amounts
Except as otherwise provided in this Section, |
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| following repayment of interfund transfers under subsection |
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| (b-1), amounts paid to the State during each State fiscal year |
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| by the federal government under Title XIX
or Title XXI of the |
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| Social Security Act for services delivered by community
mental |
11 |
| health providers, and any interest earned thereon, shall be
|
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| deposited as follows: |
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| (1) The first $75,000,000 shall be deposited directly |
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| into the Community Mental Health Medicaid Trust Fund to be |
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| used for the purchase of community mental health services; |
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| (2) The next $4,500,000 shall be deposited directly |
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| into the Community Mental Health Medicaid Trust Fund to be |
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| used by the Department of Human Services' Division of |
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| Mental Health for the oversight and administration of |
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| community mental health services and up to $1,000,000 of |
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| this amount may be used for support of community mental |
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| health service initiatives ; and |
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| (3) The next $3,500,000 shall be deposited directly |
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| into the General Revenue Fund;
|
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| (4) Any additional amounts shall be deposited 50% into |
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09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
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| the Community Mental Health Medicaid Trust Fund to be used |
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| for the purchase of community mental health services and |
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| 50% into the General Revenue Fund .
|
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| (b-1) For State fiscal year 2005, the first $73,000,000 in |
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| any funds paid to the State by the federal government under |
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| Title XIX or Title XXI of the Social Security Act for services |
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| delivered by community mental health services providers, and |
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| any interest earned thereon, shall be deposited directly into |
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| the Community Mental Health Medicaid Trust Fund before any |
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| deposits are made into the General Revenue Fund. The next |
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| $25,000,000, less any deposits made prior to the effective date |
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| of this amendatory Act of the 94th General Assembly, shall be |
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| deposited into the General Revenue Fund. Amounts received in |
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| excess of $98,000,000 shall be deposited 50% into the General |
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| Revenue Fund and 50% into the Community Mental Health Medicaid |
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| Trust Fund. At the direction of the Director of Healthcare and |
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| Family Services, on April 1, 2005, or as soon thereafter as |
18 |
| practical, the Comptroller shall direct and the State Treasurer |
19 |
| shall transfer amounts not to exceed $14,000,000 into the |
20 |
| Community Mental Health Medicaid Trust
Fund from the Public Aid |
21 |
| Recoveries Trust Fund. |
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| (b-2) For State fiscal year 2006, and in subsequent fiscal |
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| years until any transfers under subsection (b-1) are repaid, |
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| the first $73,000,000 in any funds paid to the State by the |
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| federal government under Title XIX or Title XXI of the Social |
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| Security Act for services delivered by community mental health |
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09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
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| providers, and any interest earned thereon, shall be deposited |
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| directly into the Community Mental Health Medicaid
Trust Fund. |
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| Then the next $14,000,000, or such amount as was transferred |
4 |
| under subsection (b-1) at the direction of the Director of |
5 |
| Healthcare and Family Services, shall be deposited into the |
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| Public Aid Recoveries Trust Fund.
Any additional amounts |
7 |
| received shall be deposited in accordance with subsection (b).
|
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| (c) The Department shall reimburse community mental health
|
9 |
| providers for
services provided to eligible
individuals. |
10 |
| Moneys in the Community Mental Health Medicaid Trust Fund may |
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| be
used for that purpose.
|
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| (d) As used in this Section:
|
13 |
| "Community mental health provider" means a community |
14 |
| agency that is funded by the Department to
provide a service.
|
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| "Service" means a mental health service
provided pursuant |
16 |
| to the provisions of administrative rules adopted by the |
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| Department and funded by the Department of Human Services' |
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| Division of Mental Health.
|
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| (Source: P.A. 93-841, eff. 7-30-04; 94-58, eff. 6-17-05; |
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| 94-839, eff. 6-6-06.)
|
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| Section 5-10. The State Finance Act is amended by changing |
22 |
| Sections 6z-32, 6z-63, 6z-64, 8.3, 8g, and 13.2 and by adding |
23 |
| Sections 5.675 and 6z-69 as follows: |
24 |
| (30 ILCS 105/5.675 new)
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09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
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| Sec. 5.675. The Minority Film Support Fund.
|
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| (30 ILCS 105/6z-32)
|
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| Sec. 6z-32. Conservation 2000.
|
4 |
| (a) The Conservation 2000 Fund and the Conservation 2000 |
5 |
| Projects Fund are
created as special funds in the State |
6 |
| Treasury. These funds
shall be used to establish a |
7 |
| comprehensive program to protect Illinois' natural
resources |
8 |
| through cooperative partnerships between State government and |
9 |
| public
and private landowners. Moneys in these Funds may be
|
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| used, subject to appropriation, by the Environmental |
11 |
| Protection Agency and the
Departments of Agriculture, Natural |
12 |
| Resources, and
Transportation for purposes relating to natural |
13 |
| resource protection,
recreation, tourism, and compatible |
14 |
| agricultural and economic development
activities. Without |
15 |
| limiting these general purposes, moneys in these Funds may
be |
16 |
| used, subject to appropriation, for the following specific |
17 |
| purposes:
|
18 |
| (1) To foster sustainable agriculture practices and |
19 |
| control soil erosion
and sedimentation, including grants |
20 |
| to Soil and Water Conservation Districts
for conservation |
21 |
| practice cost-share grants and for personnel, educational, |
22 |
| and
administrative expenses.
|
23 |
| (2) To establish and protect a system of ecosystems in |
24 |
| public and private
ownership through conservation |
25 |
| easements, incentives to public and private
landowners, |
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09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
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| including technical assistance and grants, and
land |
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| acquisition provided these mechanisms are all voluntary on |
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| the part of the
landowner and do not involve the use of |
4 |
| eminent domain.
|
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| (3) To develop a systematic and long-term program to |
6 |
| effectively measure
and monitor natural resources and |
7 |
| ecological conditions through investments in
technology |
8 |
| and involvement of scientific experts.
|
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| (4) To initiate strategies to enhance, use, and |
10 |
| maintain Illinois' inland
lakes through education, |
11 |
| technical assistance, research, and financial
incentives.
|
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| (5) To conduct an extensive review of existing Illinois |
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| water laws.
|
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| (b) The State Comptroller and State Treasurer shall |
15 |
| automatically transfer
on the last day of each month, beginning |
16 |
| on September 30, 1995 and ending on
June 30, 2009,
from the |
17 |
| General Revenue Fund to the Conservation 2000 Fund,
an
amount |
18 |
| equal to 1/10 of the amount set forth below in fiscal year 1996 |
19 |
| and
an amount equal to 1/12 of the amount set forth below in |
20 |
| each of the other
specified fiscal years:
|
|
21 | | Fiscal Year |
Amount |
|
22 | | 1996 |
$ 3,500,000 |
|
23 | | 1997 |
$ 9,000,000 |
|
24 | | 1998 |
$10,000,000 |
|
25 | | 1999 |
$11,000,000 |
|
26 | | 2000 |
$12,500,000 |
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09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
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1 | | 2001 through 2004 |
$14,000,000 |
|
2 | | 2005
| $7,000,000 |
|
3 | | 2006
| $11,000,000
|
|
4 | | 2007
| $0
|
|
5 | | 2008 through 2009 .......................
| $0
$14,000,000
|
|
6 | | 2009 ....................................
| $14,000,000
|
|
7 |
| (c) Notwithstanding any other provision of law to the |
8 |
| contrary and in addition to any other transfers that may be |
9 |
| provided for by law, on the last day of each month beginning on |
10 |
| July 31, 2006 and ending on June 30, 2008
2007 , or as soon |
11 |
| thereafter as may be practical, the State Comptroller shall |
12 |
| direct and the State Treasurer shall transfer $1,000,000 from |
13 |
| the Open Space Lands Acquisition and Development Fund to the |
14 |
| Conservation 2000 Fund.
|
15 |
| (d) There shall be deposited into the Conservation 2000 |
16 |
| Projects Fund such
bond proceeds and other moneys as may, from |
17 |
| time to time, be provided by law.
|
18 |
| (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05; 94-839, |
19 |
| eff. 6-6-06.)
|
20 |
| (30 ILCS 105/6z-63)
|
21 |
| Sec. 6z-63. The Professional Services Fund. |
22 |
| (a) The Professional Services Fund is created as a |
23 |
| revolving fund in the State treasury. The following moneys |
24 |
| shall be deposited into the Fund: |
25 |
| (1) amounts authorized for transfer to the Fund from |
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09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
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| the General Revenue Fund and other State funds (except for |
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| funds classified by the Comptroller as federal trust funds |
3 |
| or State trust funds) pursuant to State law or Executive |
4 |
| Order; |
5 |
| (2) federal funds received by the Department of Central |
6 |
| Management Services (the "Department") as a result of |
7 |
| expenditures from the Fund; |
8 |
| (3) interest earned on moneys in the Fund; and |
9 |
| (4) receipts or inter-fund transfers resulting from |
10 |
| billings issued by the Department to State agencies for the |
11 |
| cost of professional services rendered by the Department |
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| that are not compensated through the specific fund |
13 |
| transfers authorized by this Section. |
14 |
| (b) Moneys in the Fund may be used by the Department for |
15 |
| reimbursement or payment for: |
16 |
| (1) providing professional services to State agencies |
17 |
| or other State entities; |
18 |
| (2) rendering other services to State agencies at the |
19 |
| Governor's direction or to other State entities upon |
20 |
| agreement between the Director of Central Management |
21 |
| Services and the appropriate official or governing body of |
22 |
| the other State entity; or |
23 |
| (3) providing for payment of administrative and other |
24 |
| expenses incurred by the Department in providing |
25 |
| professional services. |
26 |
| (c) State agencies or other State entities may direct the |
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09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
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| Comptroller to process inter-fund
transfers or make payment |
2 |
| through the voucher and warrant process to the Professional |
3 |
| Services Fund in satisfaction of billings issued under |
4 |
| subsection (a) of this Section. |
5 |
| (d) Reconciliation. For the fiscal year beginning on July |
6 |
| 1, 2004 only, the Director of Central Management Services (the |
7 |
| "Director") shall order that each State agency's payments and |
8 |
| transfers made to the Fund be reconciled with actual Fund costs |
9 |
| for professional services provided by the Department on no less |
10 |
| than an annual basis. The Director may require reports from |
11 |
| State agencies as deemed necessary to perform this |
12 |
| reconciliation. |
13 |
| (e) The following amounts are authorized for transfer into |
14 |
| the
Professional Services Fund for the fiscal year beginning |
15 |
| July 1, 2004: |
16 |
| General Revenue Fund ...........................$5,440,431 |
17 |
| Road Fund ........................................$814,468 |
18 |
| Motor Fuel Tax Fund ..............................$263,500 |
19 |
| Child Support Administrative Fund ................$234,013 |
20 |
| Professions Indirect Cost Fund ...................$276,800 |
21 |
| Capital Development Board Revolving Fund .........$207,610 |
22 |
| Bank & Trust Company Fund ........................$200,214 |
23 |
| State Lottery Fund ...............................$193,691 |
24 |
| Insurance Producer Administration Fund ...........$174,672 |
25 |
| Insurance Financial Regulation Fund ..............$168,327 |
26 |
| Illinois Clean Water Fund ........................$124,675 |
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LRB095 05337 BDD 37338 a |
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| Clean Air Act (CAA) Permit Fund ...................$91,803 |
2 |
| Statistical Services Revolving Fund ...............$90,959 |
3 |
| Financial Institution Fund .......................$109,428 |
4 |
| Horse Racing Fund .................................$71,127 |
5 |
| Health Insurance Reserve Fund .....................$66,577 |
6 |
| Solid Waste Management Fund .......................$61,081 |
7 |
| Guardianship and Advocacy Fund .....................$1,068 |
8 |
| Agricultural Premium Fund ............................$493 |
9 |
| Wildlife and Fish Fund ...............................$247 |
10 |
| Radiation Protection Fund .........................$33,277 |
11 |
| Nuclear Safety Emergency Preparedness Fund ........$25,652 |
12 |
| Tourism Promotion Fund ............................$6,814
|
13 |
| All of these transfers shall be made on July 1, 2004, or as |
14 |
| soon thereafter as practical. These transfers shall be made |
15 |
| notwithstanding any other provision of State law to the |
16 |
| contrary.
|
17 |
| (e-5) Notwithstanding any other provision of State law to |
18 |
| the contrary, on or after July 1, 2005 and through June 30, |
19 |
| 2006, in addition to any other transfers that may be provided |
20 |
| for by law, at the direction of and upon notification from the |
21 |
| Director of Central Management Services, the State Comptroller |
22 |
| shall direct and the State Treasurer shall transfer amounts |
23 |
| into the Professional Services Fund from the designated funds |
24 |
| not exceeding the following totals:
|
25 |
| Food and Drug Safety Fund ..........................$3,249 |
26 |
| Financial Institution Fund ........................$12,942 |
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LRB095 05337 BDD 37338 a |
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| General Professions Dedicated Fund .................$8,579 |
2 |
| Illinois Department of Agriculture |
3 |
| Laboratory
Services Revolving Fund ...........$1,963 |
4 |
| Illinois Veterans' Rehabilitation Fund ............$11,275 |
5 |
| State Boating Act Fund ............................$27,000 |
6 |
| State Parks Fund ..................................$22,007 |
7 |
| Agricultural Premium Fund .........................$59,483 |
8 |
| Fire Prevention Fund ..............................$29,862 |
9 |
| Mental Health Fund ................................$78,213 |
10 |
| Illinois State Pharmacy Disciplinary Fund ..........$2,744 |
11 |
| Radiation Protection Fund .........................$16,034 |
12 |
| Solid Waste Management Fund .......................$37,669 |
13 |
| Illinois Gaming Law Enforcement Fund ...............$7,260 |
14 |
| Subtitle D Management Fund .........................$4,659 |
15 |
| Illinois State Medical Disciplinary Fund ...........$8,602 |
16 |
| Department of Children and |
17 |
| Family Services Training Fund .................$29,906 |
18 |
| Facility Licensing Fund ............................$1,083 |
19 |
| Youth Alcoholism and Substance |
20 |
| Abuse Prevention Fund ..........................$2,783 |
21 |
| Plugging and Restoration Fund ......................$1,105 |
22 |
| State Crime Laboratory Fund ........................$1,353 |
23 |
| Motor Vehicle Theft Prevention Trust Fund ..........$9,190 |
24 |
| Weights and Measures Fund ..........................$4,932 |
25 |
| Solid Waste Management Revolving |
26 |
| Loan Fund ......................................$2,735 |
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09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
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| Illinois School Asbestos Abatement Fund ............$2,166 |
2 |
| Violence Prevention Fund ...........................$5,176 |
3 |
| Capital Development Board Revolving Fund ..........$14,777 |
4 |
| DCFS Children's Services Fund ..................$1,256,594 |
5 |
| State Police DUI Fund ..............................$1,434 |
6 |
| Illinois Health Facilities Planning Fund ...........$3,191 |
7 |
| Emergency Public Health Fund .......................$7,996 |
8 |
| Fair and Exposition Fund ...........................$3,732 |
9 |
| Nursing Dedicated and Professional Fund ............$5,792 |
10 |
| Optometric Licensing and Disciplinary Board Fund ...$1,032 |
11 |
| Underground Resources Conservation Enforcement Fund .$1,221 |
12 |
| State Rail Freight Loan Repayment Fund .............$6,434 |
13 |
| Drunk and Drugged Driving Prevention Fund ..........$5,473 |
14 |
| Illinois Affordable Housing Trust Fund ...........$118,222 |
15 |
| Community Water Supply Laboratory Fund ............$10,021 |
16 |
| Used Tire Management Fund .........................$17,524 |
17 |
| Natural Areas Acquisition Fund ....................$15,501 |
18 |
| Open Space Lands Acquisition |
19 |
| and Development Fund ..........................$49,105 |
20 |
| Working Capital Revolving Fund ...................$126,344 |
21 |
| State Garage Revolving Fund .......................$92,513 |
22 |
| Statistical Services Revolving Fund ..............$181,949 |
23 |
| Paper and Printing Revolving Fund ..................$3,632 |
24 |
| Air Transportation Revolving Fund ..................$1,969 |
25 |
| Communications Revolving Fund ....................$304,278 |
26 |
| Environmental Laboratory Certification Fund ........$1,357 |
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09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
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| Public Health Laboratory Services Revolving Fund ...$5,892 |
2 |
| Provider Inquiry Trust Fund ........................$1,742 |
3 |
| Lead Poisoning Screening, |
4 |
| Prevention, and Abatement Fund .................$8,200 |
5 |
| Drug Treatment Fund ...............................$14,028 |
6 |
| Feed Control Fund ..................................$2,472 |
7 |
| Plumbing Licensure and Program Fund ................$3,521 |
8 |
| Insurance Premium Tax Refund Fund ..................$7,872 |
9 |
| Tax Compliance and Administration Fund .............$5,416 |
10 |
| Appraisal Administration Fund ......................$2,924 |
11 |
| Trauma Center Fund ................................$40,139 |
12 |
| Alternate Fuels Fund ...............................$1,467 |
13 |
| Illinois State Fair Fund ..........................$13,844 |
14 |
| State Asset Forfeiture Fund ........................$8,210 |
15 |
| Federal Asset Forfeiture Fund ......................$6,471 |
16 |
| Department of Corrections Reimbursement |
17 |
| and Education Fund ............................$78,965 |
18 |
| Health Facility Plan Review Fund ...................$3,444 |
19 |
| LEADS Maintenance Fund .............................$6,075 |
20 |
| State Offender DNA Identification |
21 |
| System Fund ....................................$1,712 |
22 |
| Illinois Historic Sites Fund .......................$4,511 |
23 |
| Public Pension Regulation Fund .....................$2,313 |
24 |
| Workforce, Technology, and Economic |
25 |
| Development Fund ...............................$5,357 |
26 |
| Renewable Energy Resources Trust Fund .............$29,920 |
|
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LRB095 05337 BDD 37338 a |
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1 |
| Energy Efficiency Trust Fund .......................$8,368 |
2 |
| Pesticide Control Fund .............................$6,687 |
3 |
| Conservation 2000 Fund ............................$30,764 |
4 |
| Wireless Carrier Reimbursement Fund ...............$91,024 |
5 |
| International Tourism Fund ........................$13,057 |
6 |
| Public Transportation Fund .......................$701,837 |
7 |
| Horse Racing Fund .................................$18,589 |
8 |
| Death Certificate Surcharge Fund ...................$1,901 |
9 |
| State Police Wireless Service |
10 |
| Emergency Fund .................................$1,012 |
11 |
| Downstate Public Transportation Fund .............$112,085 |
12 |
| Motor Carrier Safety Inspection Fund ...............$6,543 |
13 |
| State Police Whistleblower Reward |
14 |
| and Protection Fund ............................$1,894 |
15 |
| Illinois Standardbred Breeders Fund ................$4,412 |
16 |
| Illinois Thoroughbred Breeders Fund ................$6,635 |
17 |
| Illinois Clean Water Fund .........................$17,579 |
18 |
| Independent Academic Medical Center Fund ...........$5,611 |
19 |
| Child Support Administrative Fund ................$432,527 |
20 |
| Corporate Headquarters Relocation |
21 |
| Assistance Fund ................................$4,047 |
22 |
| Local Initiative Fund .............................$58,762 |
23 |
| Tourism Promotion Fund ............................$88,072 |
24 |
| Digital Divide Elimination Fund ...................$11,593 |
25 |
| Presidential Library and Museum Operating Fund .....$4,624 |
26 |
| Metro-East Public Transportation Fund .............$47,787 |
|
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LRB095 05337 BDD 37338 a |
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|
1 |
| Medical Special Purposes Trust Fund ...............$11,779 |
2 |
| Dram Shop Fund ....................................$11,317 |
3 |
| Illinois State Dental Disciplinary Fund ............$1,986 |
4 |
| Hazardous Waste Research Fund ......................$1,333 |
5 |
| Real Estate License Administration Fund ...........$10,886 |
6 |
| Traffic and Criminal Conviction |
7 |
| Surcharge Fund ................................$44,798 |
8 |
| Criminal Justice Information |
9 |
| Systems Trust Fund .............................$5,693 |
10 |
| Design Professionals Administration |
11 |
| and Investigation Fund .........................$2,036 |
12 |
| State Surplus Property Revolving Fund ..............$6,829 |
13 |
| Illinois Forestry Development Fund .................$7,012 |
14 |
| State Police Services Fund ........................$47,072 |
15 |
| Youth Drug Abuse Prevention Fund ...................$1,299 |
16 |
| Metabolic Screening and Treatment Fund ............$15,947 |
17 |
| Insurance Producer Administration Fund ............$30,870 |
18 |
| Coal Technology Development Assistance Fund .......$43,692 |
19 |
| Rail Freight Loan Repayment Fund ...................$1,016 |
20 |
| Low-Level Radioactive Waste |
21 |
| Facility
Development and Operation Fund ......$1,989 |
22 |
| Environmental Protection Permit and Inspection Fund .$32,125 |
23 |
| Park and Conservation Fund ........................$41,038 |
24 |
| Local Tourism Fund ................................$34,492 |
25 |
| Illinois Capital Revolving Loan Fund ..............$10,624 |
26 |
| Illinois Equity Fund ...............................$1,929 |
|
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LRB095 05337 BDD 37338 a |
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1 |
| Large Business Attraction Fund .....................$5,554 |
2 |
| Illinois Beach Marina Fund .........................$5,053 |
3 |
| International and Promotional Fund .................$1,466 |
4 |
| Public Infrastructure Construction |
5 |
| Loan Revolving Fund ............................$3,111 |
6 |
| Insurance Financial Regulation Fund ...............$42,575 |
7 |
| Total
$4,975,487
|
8 |
| (e-7) Notwithstanding any other provision of State law to |
9 |
| the contrary, on or after July 1, 2006 and through June 30, |
10 |
| 2007, in addition to any other transfers that may be provided |
11 |
| for by law, at the direction of and upon notification from the |
12 |
| Director of Central Management Services, the State Comptroller |
13 |
| shall direct and the State Treasurer shall transfer amounts |
14 |
| into the Professional Services Fund from the designated funds |
15 |
| not exceeding the following totals: |
16 |
| Food and Drug Safety Fund ..........................$3,300 |
17 |
| Financial Institution Fund ........................$13,000 |
18 |
| General Professions Dedicated Fund .................$8,600 |
19 |
| Illinois Department of Agriculture |
20 |
| Laboratory Services Revolving Fund .............$2,000 |
21 |
| Illinois Veterans' Rehabilitation Fund ............$11,300 |
22 |
| State Boating Act Fund ............................$27,200 |
23 |
| State Parks Fund ..................................$22,100 |
24 |
| Agricultural Premium Fund .........................$59,800 |
25 |
| Fire Prevention Fund ..............................$30,000 |
26 |
| Mental Health Fund ................................$78,700 |
|
|
|
09500SB0182ham001 |
- 17 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Illinois State Pharmacy Disciplinary Fund ..........$2,800 |
2 |
| Radiation Protection Fund .........................$16,100 |
3 |
| Solid Waste Management Fund .......................$37,900 |
4 |
| Illinois Gaming Law Enforcement Fund ...............$7,300 |
5 |
| Subtitle D Management Fund .........................$4,700 |
6 |
| Illinois State Medical Disciplinary Fund ...........$8,700 |
7 |
| Facility Licensing Fund ............................$1,100 |
8 |
| Youth Alcoholism and |
9 |
| Substance Abuse Prevention Fund ................$2,800 |
10 |
| Plugging and Restoration Fund ......................$1,100 |
11 |
| State Crime Laboratory Fund ........................$1,400 |
12 |
| Motor Vehicle Theft Prevention Trust Fund ..........$9,200 |
13 |
| Weights and Measures Fund ..........................$5,000 |
14 |
| Illinois School Asbestos Abatement Fund ............$2,200 |
15 |
| Violence Prevention Fund ...........................$5,200 |
16 |
| Capital Development Board Revolving Fund ..........$14,900 |
17 |
| DCFS Children's Services Fund ..................$1,294,000 |
18 |
| State Police DUI Fund ..............................$1,400 |
19 |
| Illinois Health Facilities Planning Fund ...........$3,200 |
20 |
| Emergency Public Health Fund .......................$8,000 |
21 |
| Fair and Exposition Fund ...........................$3,800 |
22 |
| Nursing Dedicated and Professional Fund ............$5,800 |
23 |
| Optometric Licensing and Disciplinary Board Fund ...$1,000 |
24 |
| Underground Resources Conservation |
25 |
| Enforcement Fund ...............................$1,200 |
26 |
| State Rail Freight Loan Repayment Fund .............$6,500 |
|
|
|
09500SB0182ham001 |
- 18 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Drunk and Drugged Driving Prevention Fund ..........$5,500 |
2 |
| Illinois Affordable Housing Trust Fund ...........$118,900 |
3 |
| Community Water Supply Laboratory Fund ............$10,100 |
4 |
| Used Tire Management Fund .........................$17,600 |
5 |
| Natural Areas Acquisition Fund ....................$15,600 |
6 |
| Open Space Lands Acquisition |
7 |
| and Development Fund ..........................$49,400 |
8 |
| Working Capital Revolving Fund ...................$127,100 |
9 |
| State Garage Revolving Fund .......................$93,100 |
10 |
| Statistical Services Revolving Fund ..............$183,000 |
11 |
| Paper and Printing Revolving Fund ..................$3,700 |
12 |
| Air Transportation Revolving Fund ..................$2,000 |
13 |
| Communications Revolving Fund ....................$306,100 |
14 |
| Environmental Laboratory Certification Fund ........$1,400 |
15 |
| Public Health Laboratory Services |
16 |
| Revolving Fund .................................$5,900 |
17 |
| Provider Inquiry Trust Fund ........................$1,800 |
18 |
| Lead Poisoning Screening, Prevention, |
19 |
| and Abatement Fund .............................$8,200 |
20 |
| Drug Treatment Fund ...............................$14,100 |
21 |
| Feed Control Fund ..................................$2,500 |
22 |
| Plumbing Licensure and Program Fund ................$3,500 |
23 |
| Insurance Premium Tax Refund Fund ..................$7,900 |
24 |
| Tax Compliance and Administration Fund .............$5,400 |
25 |
| Appraisal Administration Fund ......................$2,900 |
26 |
| Trauma Center Fund ................................$40,400 |
|
|
|
09500SB0182ham001 |
- 19 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Alternate Fuels Fund ..............................$1,500
|
2 |
| Illinois State Fair Fund ..........................$13,900 |
3 |
| State Asset Forfeiture Fund ........................$8,300 |
4 |
| Department of Corrections |
5 |
| Reimbursement and Education Fund ..............$79,400 |
6 |
| Health Facility Plan Review Fund ...................$3,500 |
7 |
| LEADS Maintenance Fund .............................$6,100 |
8 |
| State Offender DNA Identification System Fund ......$1,700 |
9 |
| Illinois Historic Sites Fund .......................$4,500 |
10 |
| Public Pension Regulation Fund .....................$2,300 |
11 |
| Workforce, Technology, and Economic |
12 |
| Development Fund ...............................$5,400 |
13 |
| Renewable Energy Resources Trust Fund .............$30,100 |
14 |
| Energy Efficiency Trust Fund .......................$8,400 |
15 |
| Pesticide Control Fund .............................$6,700 |
16 |
| Conservation 2000 Fund ............................$30,900 |
17 |
| Wireless Carrier Reimbursement Fund ...............$91,600 |
18 |
| International Tourism Fund ........................$13,100 |
19 |
| Public Transportation Fund .......................$705,900 |
20 |
| Horse Racing Fund .................................$18,700 |
21 |
| Death Certificate Surcharge Fund ...................$1,900 |
22 |
| State Police Wireless Service Emergency Fund .......$1,000 |
23 |
| Downstate Public Transportation Fund .............$112,700 |
24 |
| Motor Carrier Safety Inspection Fund ...............$6,600 |
25 |
| State Police Whistleblower |
26 |
| Reward and Protection Fund .....................$1,900 |
|
|
|
09500SB0182ham001 |
- 20 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Illinois Standardbred Breeders Fund ................$4,400 |
2 |
| Illinois Thoroughbred Breeders Fund ................$6,700 |
3 |
| Illinois Clean Water Fund .........................$17,700 |
4 |
| Child Support Administrative Fund ................$435,100 |
5 |
| Tourism Promotion Fund ............................$88,600 |
6 |
| Digital Divide Elimination Fund ...................$11,700 |
7 |
| Presidential Library and Museum Operating Fund .....$4,700 |
8 |
| Metro-East Public Transportation Fund .............$48,100 |
9 |
| Medical Special Purposes Trust Fund ...............$11,800 |
10 |
| Dram Shop Fund ....................................$11,400 |
11 |
| Illinois State Dental Disciplinary Fund ............$2,000 |
12 |
| Hazardous Waste Research Fund ......................$1,300 |
13 |
| Real Estate License Administration Fund ...........$10,900 |
14 |
| Traffic and Criminal Conviction Surcharge Fund ....$45,100 |
15 |
| Criminal Justice Information Systems Trust Fund ....$5,700 |
16 |
| Design Professionals Administration |
17 |
| and Investigation Fund .........................$2,000 |
18 |
| State Surplus Property Revolving Fund ..............$6,900 |
19 |
| State Police Services Fund ........................$47,300 |
20 |
| Youth Drug Abuse Prevention Fund ...................$1,300 |
21 |
| Metabolic Screening and Treatment Fund ............$16,000 |
22 |
| Insurance Producer Administration Fund ............$31,100 |
23 |
| Coal Technology Development Assistance Fund .......$43,900 |
24 |
| Low-Level Radioactive Waste Facility |
25 |
| Development and Operation Fund .................$2,000 |
26 |
| Environmental Protection Permit |
|
|
|
09500SB0182ham001 |
- 21 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| and Inspection Fund ...........................$32,300 |
2 |
| Park and Conservation Fund ........................$41,300 |
3 |
| Local Tourism Fund ................................$34,700 |
4 |
| Illinois Capital Revolving Loan Fund ..............$10,700 |
5 |
| Illinois Equity Fund ...............................$1,900 |
6 |
| Large Business Attraction Fund .....................$5,600 |
7 |
| Illinois Beach Marina Fund .........................$5,100 |
8 |
| International and Promotional Fund .................$1,500 |
9 |
| Public Infrastructure Construction |
10 |
| Loan Revolving Fund ............................$3,100 |
11 |
| Insurance Financial Regulation Fund ..............$42,800
|
12 |
| Total $4,918,200
|
13 |
| (e-10) Notwithstanding any other provision of State law to |
14 |
| the contrary and in addition to any other transfers that may be |
15 |
| provided for by law, on the first day of each calendar quarter |
16 |
| of the fiscal year beginning July 1, 2005, or as soon as may be |
17 |
| practical thereafter, the State Comptroller shall direct and |
18 |
| the State Treasurer shall transfer from each designated fund |
19 |
| into the Professional Services Fund amounts equal to one-fourth |
20 |
| of each of the following totals:
|
21 |
| General Revenue Fund ...........................$4,440,000 |
22 |
| Road Fund ......................................$5,324,411 |
23 |
| Total $9,764,411
|
24 |
| (e-15) Notwithstanding any other provision of State law to |
25 |
| the contrary and in addition to any other transfers that may be |
26 |
| provided for by law, the State Comptroller shall direct and the |
|
|
|
09500SB0182ham001 |
- 22 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| State Treasurer shall transfer from the funds specified into |
2 |
| the Professional Services Fund according to the schedule |
3 |
| specified herein as follows:
|
4 |
| General Revenue Fund ..........................$4,466,000
|
5 |
| Road Fund .....................................$5,355,500
|
6 |
| Total $9,821,500
|
7 |
| One-fourth of the specified amount shall be transferred on |
8 |
| each of July 1 and October 1, 2006, or as soon as may be |
9 |
| practical thereafter, and one-half of the specified amount |
10 |
| shall be transferred on January 1, 2007, or as soon as may be |
11 |
| practical thereafter.
|
12 |
| (e-20) Notwithstanding any other provision of State law to |
13 |
| the contrary, on or after July 1, 2007 and through June 30, |
14 |
| 2008, in addition to any other transfers that may be provided |
15 |
| for by law, at the direction of and upon notification from the |
16 |
| Director of Central Management Services, the State Comptroller |
17 |
| shall direct and the State Treasurer shall transfer amounts |
18 |
| into the Professional Services Fund from the designated funds |
19 |
| not exceeding the following totals: |
20 |
| Food and Drug Safety Fund ..........................$3,300 |
21 |
| Financial Institution Fund ........................$13,000 |
22 |
| General Professions Dedicated Fund .................$8,600 |
23 |
| Illinois Department of Agriculture |
24 |
| Laboratory Services Revolving Fund .............$2,000 |
25 |
| Illinois Veterans' Rehabilitation Fund ............$11,300 |
26 |
| State Boating Act Fund ............................$27,200 |
|
|
|
09500SB0182ham001 |
- 23 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| State Parks Fund ..................................$22,100 |
2 |
| Agricultural Premium Fund .........................$59,800 |
3 |
| Fire Prevention Fund ..............................$30,000 |
4 |
| Mental Health Fund ................................$78,700 |
5 |
| Illinois State Pharmacy Disciplinary Fund ..........$2,800 |
6 |
| Radiation Protection Fund .........................$16,100 |
7 |
| Solid Waste Management Fund .......................$37,900 |
8 |
| Illinois Gaming Law Enforcement Fund ...............$7,300 |
9 |
| Subtitle D Management Fund .........................$4,700 |
10 |
| Illinois State Medical Disciplinary Fund ...........$8,700 |
11 |
| Facility Licensing Fund ............................$1,100 |
12 |
| Youth Alcoholism and |
13 |
| Substance Abuse Prevention Fund ................$2,800 |
14 |
| Plugging and Restoration Fund ......................$1,100 |
15 |
| State Crime Laboratory Fund ........................$1,400 |
16 |
| Motor Vehicle Theft Prevention Trust Fund ..........$9,200 |
17 |
| Weights and Measures Fund ..........................$5,000 |
18 |
| Illinois School Asbestos Abatement Fund ............$2,200 |
19 |
| Violence Prevention Fund ...........................$5,200 |
20 |
| Capital Development Board Revolving Fund ..........$14,900 |
21 |
| DCFS Children's Services Fund ..................$1,294,000 |
22 |
| State Police DUI Fund ..............................$1,400 |
23 |
| Illinois Health Facilities Planning Fund ...........$3,200 |
24 |
| Emergency Public Health Fund .......................$8,000 |
25 |
| Fair and Exposition Fund ...........................$3,800 |
26 |
| Nursing Dedicated and Professional Fund ............$5,800 |
|
|
|
09500SB0182ham001 |
- 24 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Optometric Licensing and Disciplinary Board Fund ...$1,000 |
2 |
| Underground Resources Conservation |
3 |
| Enforcement Fund ...............................$1,200 |
4 |
| State Rail Freight Loan Repayment Fund .............$6,500 |
5 |
| Drunk and Drugged Driving Prevention Fund ..........$5,500 |
6 |
| Illinois Affordable Housing Trust Fund ...........$118,900 |
7 |
| Community Water Supply Laboratory Fund ............$10,100 |
8 |
| Used Tire Management Fund .........................$17,600 |
9 |
| Natural Areas Acquisition Fund ....................$15,600 |
10 |
| Open Space Lands Acquisition |
11 |
| and Development Fund ..........................$49,400 |
12 |
| Working Capital Revolving Fund ...................$127,100 |
13 |
| State Garage Revolving Fund .......................$93,100 |
14 |
| Statistical Services Revolving Fund ..............$183,000 |
15 |
| Paper and Printing Revolving Fund ..................$3,700 |
16 |
| Air Transportation Revolving Fund ..................$2,000 |
17 |
| Communications Revolving Fund ....................$306,100 |
18 |
| Environmental Laboratory Certification Fund ........$1,400 |
19 |
| Public Health Laboratory Services |
20 |
| Revolving Fund .................................$5,900 |
21 |
| Provider Inquiry Trust Fund ........................$1,800 |
22 |
| Lead Poisoning Screening, Prevention, |
23 |
| and Abatement Fund .............................$8,200 |
24 |
| Drug Treatment Fund ...............................$14,100 |
25 |
| Feed Control Fund ..................................$2,500 |
26 |
| Plumbing Licensure and Program Fund ................$3,500 |
|
|
|
09500SB0182ham001 |
- 25 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Insurance Premium Tax Refund Fund ..................$7,900 |
2 |
| Tax Compliance and Administration Fund .............$5,400 |
3 |
| Appraisal Administration Fund ......................$2,900 |
4 |
| Trauma Center Fund ................................$40,400 |
5 |
| Alternate Fuels Fund ..............................$1,500
|
6 |
| Illinois State Fair Fund ..........................$13,900 |
7 |
| State Asset Forfeiture Fund ........................$8,300 |
8 |
| Department of Corrections |
9 |
| Reimbursement and Education Fund ..............$79,400 |
10 |
| Health Facility Plan Review Fund ...................$3,500 |
11 |
| LEADS Maintenance Fund .............................$6,100 |
12 |
| State Offender DNA Identification System Fund ......$1,700 |
13 |
| Illinois Historic Sites Fund .......................$4,500 |
14 |
| Public Pension Regulation Fund .....................$2,300 |
15 |
| Workforce, Technology, and Economic |
16 |
| Development Fund ...............................$5,400 |
17 |
| Renewable Energy Resources Trust Fund .............$30,100 |
18 |
| Energy Efficiency Trust Fund .......................$8,400 |
19 |
| Pesticide Control Fund .............................$6,700 |
20 |
| Conservation 2000 Fund ............................$30,900 |
21 |
| Wireless Carrier Reimbursement Fund ...............$91,600 |
22 |
| International Tourism Fund ........................$13,100 |
23 |
| Public Transportation Fund .......................$705,900 |
24 |
| Horse Racing Fund .................................$18,700 |
25 |
| Death Certificate Surcharge Fund ...................$1,900 |
26 |
| State Police Wireless Service Emergency Fund .......$1,000 |
|
|
|
09500SB0182ham001 |
- 26 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Downstate Public Transportation Fund .............$112,700 |
2 |
| Motor Carrier Safety Inspection Fund ...............$6,600 |
3 |
| State Police Whistleblower |
4 |
| Reward and Protection Fund .....................$1,900 |
5 |
| Illinois Standardbred Breeders Fund ................$4,400 |
6 |
| Illinois Thoroughbred Breeders Fund ................$6,700 |
7 |
| Illinois Clean Water Fund .........................$17,700 |
8 |
| Child Support Administrative Fund ................$435,100 |
9 |
| Tourism Promotion Fund ............................$88,600 |
10 |
| Digital Divide Elimination Fund ...................$11,700 |
11 |
| Presidential Library and Museum Operating Fund .....$4,700 |
12 |
| Metro-East Public Transportation Fund .............$48,100 |
13 |
| Medical Special Purposes Trust Fund ...............$11,800 |
14 |
| Dram Shop Fund ....................................$11,400 |
15 |
| Illinois State Dental Disciplinary Fund ............$2,000 |
16 |
| Hazardous Waste Research Fund ......................$1,300 |
17 |
| Real Estate License Administration Fund ...........$10,900 |
18 |
| Traffic and Criminal Conviction Surcharge Fund ....$45,100 |
19 |
| Criminal Justice Information Systems Trust Fund ....$5,700 |
20 |
| Design Professionals Administration |
21 |
| and Investigation Fund .........................$2,000 |
22 |
| State Surplus Property Revolving Fund ..............$6,900 |
23 |
| State Police Services Fund ........................$47,300 |
24 |
| Youth Drug Abuse Prevention Fund ...................$1,300 |
25 |
| Metabolic Screening and Treatment Fund ............$16,000 |
26 |
| Insurance Producer Administration Fund ............$31,100 |
|
|
|
09500SB0182ham001 |
- 27 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Coal Technology Development Assistance Fund .......$43,900 |
2 |
| Low-Level Radioactive Waste Facility |
3 |
| Development and Operation Fund .................$2,000 |
4 |
| Environmental Protection Permit |
5 |
| and Inspection Fund ...........................$32,300 |
6 |
| Park and Conservation Fund ........................$41,300 |
7 |
| Local Tourism Fund ................................$34,700 |
8 |
| Illinois Capital Revolving Loan Fund ..............$10,700 |
9 |
| Illinois Equity Fund ...............................$1,900 |
10 |
| Large Business Attraction Fund .....................$5,600 |
11 |
| Illinois Beach Marina Fund .........................$5,100 |
12 |
| International and Promotional Fund .................$1,500 |
13 |
| Public Infrastructure Construction |
14 |
| Loan Revolving Fund ............................$3,100 |
15 |
| Insurance Financial Regulation Fund ..............$42,800
|
16 |
| Total $4,918,200
|
17 |
| (e-25) Notwithstanding any other provision of State law to |
18 |
| the contrary and in addition to any other transfers that may be |
19 |
| provided for by law, the State Comptroller shall direct and the |
20 |
| State Treasurer shall transfer from the funds specified into |
21 |
| the Professional Services Fund according to the schedule |
22 |
| specified herein as follows:
|
23 |
| General Revenue Fund ..........................$4,466,000
|
24 |
| Road Fund .....................................$5,355,500
|
25 |
| Total $9,821,500
|
26 |
| One-fourth of the specified amount shall be transferred on |
|
|
|
09500SB0182ham001 |
- 28 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| each of July 1 and October 1, 2007, or as soon as may be |
2 |
| practical thereafter, and one-half of the specified amount |
3 |
| shall be transferred on January 1, 2008, or as soon as may be |
4 |
| practical thereafter.
|
5 |
| (f) The term "professional services" means services |
6 |
| rendered on behalf of State agencies and other State entities
|
7 |
| pursuant to Section 405-293 of the Department of Central |
8 |
| Management Services Law of the Civil Administrative Code of |
9 |
| Illinois.
|
10 |
| (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05; 94-839, |
11 |
| eff. 6-6-06.) |
12 |
| (30 ILCS 105/6z-64) |
13 |
| Sec. 6z-64. The Workers' Compensation Revolving Fund. |
14 |
| (a) The Workers' Compensation Revolving Fund is created as |
15 |
| a revolving fund in the State treasury. The following moneys |
16 |
| shall be deposited into the Fund: |
17 |
| (1) amounts authorized for transfer to the Fund from |
18 |
| the General Revenue Fund and other State funds (except for |
19 |
| funds classified by the Comptroller as federal trust funds |
20 |
| or State trust funds) pursuant to State law or Executive |
21 |
| Order; |
22 |
| (2) federal funds received by the Department of Central |
23 |
| Management Services (the "Department") as a result of |
24 |
| expenditures from the Fund; |
25 |
| (3) interest earned on moneys in the Fund; |
|
|
|
09500SB0182ham001 |
- 29 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| (4) receipts or inter-fund transfers resulting from |
2 |
| billings issued by the Department to State agencies and |
3 |
| universities for the cost of workers' compensation |
4 |
| services rendered by the Department that are not |
5 |
| compensated through the specific fund transfers authorized |
6 |
| by this Section, if any; |
7 |
| (5) amounts received from a State agency or university |
8 |
| for workers' compensation payments for temporary total |
9 |
| disability, as provided in Section 405-105 of the |
10 |
| Department of Central Management Services Law of the Civil |
11 |
| Administrative Code of Illinois; and |
12 |
| (6) amounts recovered through subrogation in workers' |
13 |
| compensation and workers' occupational disease cases. |
14 |
| (b) Moneys in the Fund may be used by the Department for |
15 |
| reimbursement or payment for: |
16 |
| (1) providing workers' compensation services to State |
17 |
| agencies and State universities; or |
18 |
| (2) providing for payment of administrative and other |
19 |
| expenses incurred by the Department in providing workers' |
20 |
| compensation services. |
21 |
| (c) State agencies may direct the Comptroller to process |
22 |
| inter-fund
transfers or make payment through the voucher and |
23 |
| warrant process to the Workers' Compensation Revolving Fund in |
24 |
| satisfaction of billings issued under subsection (a) of this |
25 |
| Section. |
26 |
| (d) Reconciliation. For the fiscal year beginning on July |
|
|
|
09500SB0182ham001 |
- 30 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| 1, 2004 only, the Director of Central Management Services (the |
2 |
| "Director") shall order that each State agency's payments and |
3 |
| transfers made to the Fund be reconciled with actual Fund costs |
4 |
| for workers' compensation services provided by the Department |
5 |
| and attributable to the State agency and relevant fund on no |
6 |
| less than an annual basis. The Director may require reports |
7 |
| from State agencies as deemed necessary to perform this |
8 |
| reconciliation. |
9 |
| (d-5) Notwithstanding any other provision of State law to |
10 |
| the contrary, on or after July 1, 2005 and until June 30, 2006, |
11 |
| in addition to any other transfers that may be provided for by |
12 |
| law, at the direction of and upon notification of the Director |
13 |
| of Central Management Services, the State Comptroller shall |
14 |
| direct and the State Treasurer shall transfer amounts into the |
15 |
| Workers' Compensation Revolving Fund from the designated funds |
16 |
| not exceeding the following totals: |
17 |
| Mental Health Fund ............................$17,694,000 |
18 |
| Statistical Services Revolving Fund ............$1,252,600 |
19 |
| Department of Corrections Reimbursement |
20 |
| and Education Fund .........................$1,198,600 |
21 |
| Communications Revolving Fund ....................$535,400 |
22 |
| Child Support Administrative Fund ................$441,900 |
23 |
| Health Insurance Reserve Fund ....................$238,900 |
24 |
| Fire Prevention Fund .............................$234,100 |
25 |
| Park and Conservation Fund .......................$142,000 |
26 |
| Motor Fuel Tax Fund ..............................$132,800 |
|
|
|
09500SB0182ham001 |
- 31 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Illinois Workers' Compensation |
2 |
| Commission Operations Fund ...................$123,900 |
3 |
| State Boating Act Fund ...........................$112,300 |
4 |
| Public Utility Fund ..............................$106,500 |
5 |
| State Lottery Fund ...............................$101,300 |
6 |
| Traffic and Criminal Conviction |
7 |
| Surcharge Fund ................................$88,500 |
8 |
| State Surplus Property Revolving Fund .............$82,700 |
9 |
| Natural Areas Acquisition Fund ....................$65,600 |
10 |
| Securities Audit and Enforcement Fund .............$65,200 |
11 |
| Agricultural Premium Fund .........................$63,400 |
12 |
| Capital Development Fund ..........................$57,500 |
13 |
| State Gaming Fund .................................$54,300 |
14 |
| Underground Storage Tank Fund .....................$53,700 |
15 |
| Illinois State Medical Disciplinary Fund ..........$53,000 |
16 |
| Personal Property Tax Replacement Fund ............$53,000 |
17 |
| General Professions Dedicated Fund ...............$51,900
|
18 |
| Total $23,003,100
|
19 |
| (d-10) Notwithstanding any other provision of State law to |
20 |
| the contrary and in addition to any other transfers that may be |
21 |
| provided for by law, on the first day of each calendar quarter |
22 |
| of the fiscal year beginning July 1, 2005, or as soon as may be |
23 |
| practical thereafter, the State Comptroller shall direct and |
24 |
| the State Treasurer shall transfer from each designated fund |
25 |
| into the Workers' Compensation Revolving Fund amounts equal to |
26 |
| one-fourth of each of the following totals: |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| General Revenue Fund ......................... $34,000,000 |
2 |
| Road Fund .................................... $25,987,000 |
3 |
| Total $59,987,000
|
4 |
| (d-12) Notwithstanding any other provision of State law to |
5 |
| the contrary and in addition to any other transfers that may be |
6 |
| provided for by law, on the effective date of this amendatory |
7 |
| Act of the 94th General Assembly, or as soon as may be |
8 |
| practical thereafter, the State Comptroller shall direct and |
9 |
| the State Treasurer shall transfer from each designated fund |
10 |
| into the Workers' Compensation Revolving Fund the following |
11 |
| amounts: |
12 |
| General Revenue Fund ..........................$10,000,000 |
13 |
| Road Fund ......................................$5,000,000 |
14 |
| Total $15,000,000
|
15 |
| (d-15) Notwithstanding any other provision of State law to |
16 |
| the contrary and in addition to any other transfers that may be |
17 |
| provided for by law, on July 1, 2006, or as soon as may be |
18 |
| practical thereafter, the State Comptroller shall direct and |
19 |
| the State Treasurer shall transfer from each designated fund |
20 |
| into the Workers' Compensation Revolving Fund the following |
21 |
| amounts: |
22 |
| General Revenue Fund .........................$44,028,200
|
23 |
| Road Fund ....................................$28,084,000
|
24 |
| Total $72,112,200
|
25 |
| (d-20) Notwithstanding any other provision of State law to |
26 |
| the contrary, on or after July 1, 2006 and until June 30, 2007, |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| in addition to any other transfers that may be provided for by |
2 |
| law, at the direction of and upon notification of the Director |
3 |
| of Central Management Services, the State Comptroller shall |
4 |
| direct and the State Treasurer shall transfer amounts into the |
5 |
| Workers' Compensation Revolving Fund from the designated funds |
6 |
| not exceeding the following totals: |
7 |
| Mental Health Fund ............................$19,121,800 |
8 |
| Statistical Services Revolving Fund ............$1,353,700 |
9 |
| Department of Corrections Reimbursement |
10 |
| and Education Fund .........................$1,295,300 |
11 |
| Communications Revolving Fund ....................$578,600 |
12 |
| Child Support Administrative Fund ................$477,600 |
13 |
| Health Insurance Reserve Fund ....................$258,200 |
14 |
| Fire Prevention Fund .............................$253,000 |
15 |
| Park and Conservation Fund .......................$153,500 |
16 |
| Motor Fuel Tax Fund ..............................$143,500 |
17 |
| Illinois Workers' Compensation |
18 |
| Commission Operations Fund ...................$133,900 |
19 |
| State Boating Act Fund ...........................$121,400 |
20 |
| Public Utility Fund ..............................$115,100 |
21 |
| State Lottery Fund ...............................$109,500 |
22 |
| Traffic and Criminal Conviction Surcharge Fund ....$95,700 |
23 |
| State Surplus Property Revolving Fund .............$89,400 |
24 |
| Natural Areas Acquisition Fund ....................$70,800 |
25 |
| Securities Audit and Enforcement Fund .............$70,400 |
26 |
| Agricultural Premium Fund .........................$68,500 |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| State Gaming Fund .................................$58,600 |
2 |
| Underground Storage Tank Fund .....................$58,000 |
3 |
| Illinois State Medical Disciplinary Fund ..........$57,200 |
4 |
| Personal Property Tax Replacement Fund ............$57,200 |
5 |
| General Professions Dedicated Fund ...............$56,100
|
6 |
| Total $24,797,000
|
7 |
| (d-25) Notwithstanding any other provision of State law to |
8 |
| the contrary and in addition to any other transfers that may be |
9 |
| provided for by law, on the effective date of this amendatory |
10 |
| Act of the 95th General Assembly, or as soon as may be |
11 |
| practical thereafter, the State Comptroller shall direct and |
12 |
| the State Treasurer shall transfer from each designated fund |
13 |
| into the Workers' Compensation Revolving Fund the following |
14 |
| amounts: |
15 |
| General Revenue Fund ..........................$10,000,000 |
16 |
| Road Fund ......................................$5,000,000 |
17 |
| Total $15,000,000
|
18 |
| (d-30) Notwithstanding any other provision of State law to |
19 |
| the contrary and in addition to any other transfers that may be |
20 |
| provided for by law, on July 1, 2007, or as soon as may be |
21 |
| practical thereafter, the State Comptroller shall direct and |
22 |
| the State Treasurer shall transfer from each designated fund |
23 |
| into the Workers' Compensation Revolving Fund the following |
24 |
| amounts: |
25 |
| General Revenue Fund .........................$44,028,200
|
26 |
| Road Fund ....................................$28,084,000
|
|
|
|
09500SB0182ham001 |
- 35 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Total $72,112,200
|
2 |
| (d-35) Notwithstanding any other provision of State law to |
3 |
| the contrary, on or after July 1, 2007 and until June 30, 2008, |
4 |
| in addition to any other transfers that may be provided for by |
5 |
| law, at the direction of and upon notification of the Director |
6 |
| of Central Management Services, the State Comptroller shall |
7 |
| direct and the State Treasurer shall transfer amounts into the |
8 |
| Workers' Compensation Revolving Fund from the designated funds |
9 |
| not exceeding the following totals: |
10 |
| Mental Health Fund ............................$19,121,800 |
11 |
| Statistical Services Revolving Fund ............$1,353,700 |
12 |
| Department of Corrections Reimbursement |
13 |
| and Education Fund .........................$1,295,300 |
14 |
| Communications Revolving Fund ....................$578,600 |
15 |
| Child Support Administrative Fund ................$477,600 |
16 |
| Health Insurance Reserve Fund ....................$258,200 |
17 |
| Fire Prevention Fund .............................$253,000 |
18 |
| Park and Conservation Fund .......................$153,500 |
19 |
| Motor Fuel Tax Fund ..............................$143,500 |
20 |
| Illinois Workers' Compensation |
21 |
| Commission Operations Fund ...................$133,900 |
22 |
| State Boating Act Fund ...........................$121,400 |
23 |
| Public Utility Fund ..............................$115,100 |
24 |
| State Lottery Fund ...............................$109,500 |
25 |
| Traffic and Criminal Conviction Surcharge Fund ....$95,700 |
26 |
| State Surplus Property Revolving Fund .............$89,400 |
|
|
|
09500SB0182ham001 |
- 36 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Natural Areas Acquisition Fund ....................$70,800 |
2 |
| Securities Audit and Enforcement Fund .............$70,400 |
3 |
| Agricultural Premium Fund .........................$68,500 |
4 |
| State Gaming Fund .................................$58,600 |
5 |
| Underground Storage Tank Fund .....................$58,000 |
6 |
| Illinois State Medical Disciplinary Fund ..........$57,200 |
7 |
| Personal Property Tax Replacement Fund ............$57,200 |
8 |
| General Professions Dedicated Fund ...............$56,100
|
9 |
| Total $24,797,000
|
10 |
| (e) The term "workers' compensation services" means |
11 |
| services, claims expenses, and related administrative costs |
12 |
| incurred in performing the duties under
Sections 405-105 and |
13 |
| 405-411 of the Department of Central Management Services Law of |
14 |
| the Civil Administrative Code of Illinois.
|
15 |
| (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05; 94-839, |
16 |
| eff. 6-6-06.) |
17 |
| (30 ILCS 105/6z-69 new) |
18 |
| Sec. 6z-69. Minority Film Support Fund. There is created in |
19 |
| the State Treasury the Minority Film Support Fund. The Minority |
20 |
| Film Support Fund shall be a non-appropriated fund that is held |
21 |
| by the State Treasurer separate and apart from other State |
22 |
| funds. The Fund shall be administered by the State Treasurer to |
23 |
| help collateralize loans from financial institutions to |
24 |
| minority film makers producing films or building or maintaining |
25 |
| minority film and television studios in the State of Illinois |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| when those films or studios would not otherwise meet the |
2 |
| institutions' credit standards. The Fund shall consist of all |
3 |
| public and private moneys donated or transferred to the Fund |
4 |
| consistent with the Fund's purpose. Any moneys received by the |
5 |
| State Treasurer for the Fund shall be deposited into the Fund |
6 |
| by the State Treasurer.
|
7 |
| (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
|
8 |
| Sec. 8.3. Money in the Road Fund shall, if and when the |
9 |
| State of
Illinois incurs any bonded indebtedness for the |
10 |
| construction of
permanent highways, be set aside and used for |
11 |
| the purpose of paying and
discharging annually the principal |
12 |
| and interest on that bonded
indebtedness then due and payable, |
13 |
| and for no other purpose. The
surplus, if any, in the Road Fund |
14 |
| after the payment of principal and
interest on that bonded |
15 |
| indebtedness then annually due shall be used as
follows:
|
16 |
| first -- to pay the cost of administration of Chapters |
17 |
| 2 through 10 of
the Illinois Vehicle Code, except the cost |
18 |
| of administration of Articles I and
II of Chapter 3 of that |
19 |
| Code; and
|
20 |
| secondly -- for expenses of the Department of |
21 |
| Transportation for
construction, reconstruction, |
22 |
| improvement, repair, maintenance,
operation, and |
23 |
| administration of highways in accordance with the
|
24 |
| provisions of laws relating thereto, or for any purpose |
25 |
| related or
incident to and connected therewith, including |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| the separation of grades
of those highways with railroads |
2 |
| and with highways and including the
payment of awards made |
3 |
| by the Illinois Workers' Compensation Commission under the |
4 |
| terms of
the Workers' Compensation Act or Workers' |
5 |
| Occupational Diseases Act for
injury or death of an |
6 |
| employee of the Division of Highways in the
Department of |
7 |
| Transportation; or for the acquisition of land and the
|
8 |
| erection of buildings for highway purposes, including the |
9 |
| acquisition of
highway right-of-way or for investigations |
10 |
| to determine the reasonably
anticipated future highway |
11 |
| needs; or for making of surveys, plans,
specifications and |
12 |
| estimates for and in the construction and maintenance
of |
13 |
| flight strips and of highways necessary to provide access |
14 |
| to military
and naval reservations, to defense industries |
15 |
| and defense-industry
sites, and to the sources of raw |
16 |
| materials and for replacing existing
highways and highway |
17 |
| connections shut off from general public use at
military |
18 |
| and naval reservations and defense-industry sites, or for |
19 |
| the
purchase of right-of-way, except that the State shall |
20 |
| be reimbursed in
full for any expense incurred in building |
21 |
| the flight strips; or for the
operating and maintaining of |
22 |
| highway garages; or for patrolling and
policing the public |
23 |
| highways and conserving the peace; or for the operating |
24 |
| expenses of the Department relating to the administration |
25 |
| of public transportation programs; or for any of
those |
26 |
| purposes or any other purpose that may be provided by law.
|
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| Appropriations for any of those purposes are payable from |
2 |
| the Road
Fund. Appropriations may also be made from the Road |
3 |
| Fund for the
administrative expenses of any State agency that |
4 |
| are related to motor
vehicles or arise from the use of motor |
5 |
| vehicles.
|
6 |
| Beginning with fiscal year 1980 and thereafter, no Road |
7 |
| Fund monies
shall be appropriated to the following Departments |
8 |
| or agencies of State
government for administration, grants, or |
9 |
| operations; but this
limitation is not a restriction upon |
10 |
| appropriating for those purposes any
Road Fund monies that are |
11 |
| eligible for federal reimbursement;
|
12 |
| 1. Department of Public Health;
|
13 |
| 2. Department of Transportation, only with respect to |
14 |
| subsidies for
one-half fare Student Transportation and |
15 |
| Reduced Fare for Elderly;
|
16 |
| 3. Department of Central Management
Services, except |
17 |
| for expenditures
incurred for group insurance premiums of |
18 |
| appropriate personnel;
|
19 |
| 4. Judicial Systems and Agencies.
|
20 |
| Beginning with fiscal year 1981 and thereafter, no Road |
21 |
| Fund monies
shall be appropriated to the following Departments |
22 |
| or agencies of State
government for administration, grants, or |
23 |
| operations; but this
limitation is not a restriction upon |
24 |
| appropriating for those purposes any
Road Fund monies that are |
25 |
| eligible for federal reimbursement:
|
26 |
| 1. Department of State Police, except for expenditures |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| with
respect to the Division of Operations;
|
2 |
| 2. Department of Transportation, only with respect to |
3 |
| Intercity Rail
Subsidies and Rail Freight Services.
|
4 |
| Beginning with fiscal year 1982 and thereafter, no Road |
5 |
| Fund monies
shall be appropriated to the following Departments |
6 |
| or agencies of State
government for administration, grants, or |
7 |
| operations; but this
limitation is not a restriction upon |
8 |
| appropriating for those purposes any
Road Fund monies that are |
9 |
| eligible for federal reimbursement: Department
of Central |
10 |
| Management Services, except for awards made by
the Illinois |
11 |
| Workers' Compensation Commission under the terms of the |
12 |
| Workers' Compensation Act
or Workers' Occupational Diseases |
13 |
| Act for injury or death of an employee of
the Division of |
14 |
| Highways in the Department of Transportation.
|
15 |
| Beginning with fiscal year 1984 and thereafter, no Road |
16 |
| Fund monies
shall be appropriated to the following Departments |
17 |
| or agencies of State
government for administration, grants, or |
18 |
| operations; but this
limitation is not a restriction upon |
19 |
| appropriating for those purposes any
Road Fund monies that are |
20 |
| eligible for federal reimbursement:
|
21 |
| 1. Department of State Police, except not more than 40% |
22 |
| of the
funds appropriated for the Division of Operations;
|
23 |
| 2. State Officers.
|
24 |
| Beginning with fiscal year 1984 and thereafter, no Road |
25 |
| Fund monies
shall be appropriated to any Department or agency |
26 |
| of State government
for administration, grants, or operations |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| except as provided hereafter;
but this limitation is not a |
2 |
| restriction upon appropriating for those
purposes any Road Fund |
3 |
| monies that are eligible for federal
reimbursement. It shall |
4 |
| not be lawful to circumvent the above
appropriation limitations |
5 |
| by governmental reorganization or other
methods. |
6 |
| Appropriations shall be made from the Road Fund only in
|
7 |
| accordance with the provisions of this Section.
|
8 |
| Money in the Road Fund shall, if and when the State of |
9 |
| Illinois
incurs any bonded indebtedness for the construction of |
10 |
| permanent
highways, be set aside and used for the purpose of |
11 |
| paying and
discharging during each fiscal year the principal |
12 |
| and interest on that
bonded indebtedness as it becomes due and |
13 |
| payable as provided in the
Transportation Bond Act, and for no |
14 |
| other
purpose. The surplus, if any, in the Road Fund after the |
15 |
| payment of
principal and interest on that bonded indebtedness |
16 |
| then annually due
shall be used as follows:
|
17 |
| first -- to pay the cost of administration of Chapters |
18 |
| 2 through 10
of the Illinois Vehicle Code; and
|
19 |
| secondly -- no Road Fund monies derived from fees, |
20 |
| excises, or
license taxes relating to registration, |
21 |
| operation and use of vehicles on
public highways or to |
22 |
| fuels used for the propulsion of those vehicles,
shall be |
23 |
| appropriated or expended other than for costs of |
24 |
| administering
the laws imposing those fees, excises, and |
25 |
| license taxes, statutory
refunds and adjustments allowed |
26 |
| thereunder, administrative costs of the
Department of |
|
|
|
09500SB0182ham001 |
- 42 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Transportation, including, but not limited to, the |
2 |
| operating expenses of the Department relating to the |
3 |
| administration of public transportation programs, payment |
4 |
| of debts and liabilities incurred
in construction and |
5 |
| reconstruction of public highways and bridges,
acquisition |
6 |
| of rights-of-way for and the cost of construction,
|
7 |
| reconstruction, maintenance, repair, and operation of |
8 |
| public highways and
bridges under the direction and |
9 |
| supervision of the State, political
subdivision, or |
10 |
| municipality collecting those monies, and the costs for
|
11 |
| patrolling and policing the public highways (by State, |
12 |
| political
subdivision, or municipality collecting that |
13 |
| money) for enforcement of
traffic laws. The separation of |
14 |
| grades of such highways with railroads
and costs associated |
15 |
| with protection of at-grade highway and railroad
crossing |
16 |
| shall also be permissible.
|
17 |
| Appropriations for any of such purposes are payable from |
18 |
| the Road
Fund or the Grade Crossing Protection Fund as provided |
19 |
| in Section 8 of
the Motor Fuel Tax Law.
|
20 |
| Except as provided in this paragraph, beginning with fiscal |
21 |
| year 1991 and
thereafter, no Road Fund monies
shall be |
22 |
| appropriated to the Department of State Police for the purposes |
23 |
| of
this Section in excess of its total fiscal year 1990 Road |
24 |
| Fund
appropriations for those purposes unless otherwise |
25 |
| provided in Section 5g of
this Act.
For fiscal years 2003,
|
26 |
| 2004, 2005, 2006, and 2007 , and 2008 only, no Road Fund monies |
|
|
|
09500SB0182ham001 |
- 43 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| shall
be appropriated to the
Department of State Police for the |
2 |
| purposes of this Section in excess of
$97,310,000.
It shall not |
3 |
| be lawful to circumvent this limitation on
appropriations by |
4 |
| governmental reorganization or other methods unless
otherwise |
5 |
| provided in Section 5g of this Act.
|
6 |
| In fiscal year 1994, no Road Fund monies shall be |
7 |
| appropriated
to the
Secretary of State for the purposes of this |
8 |
| Section in excess of the total
fiscal year 1991 Road Fund |
9 |
| appropriations to the Secretary of State for
those purposes, |
10 |
| plus $9,800,000. It
shall not be
lawful to circumvent
this |
11 |
| limitation on appropriations by governmental reorganization or |
12 |
| other
method.
|
13 |
| Beginning with fiscal year 1995 and thereafter, no Road |
14 |
| Fund
monies
shall be appropriated to the Secretary of State for |
15 |
| the purposes of this
Section in excess of the total fiscal year |
16 |
| 1994 Road Fund
appropriations to
the Secretary of State for |
17 |
| those purposes. It shall not be lawful to
circumvent this |
18 |
| limitation on appropriations by governmental reorganization
or |
19 |
| other methods.
|
20 |
| Beginning with fiscal year 2000, total Road Fund |
21 |
| appropriations to the
Secretary of State for the purposes of |
22 |
| this Section shall not exceed the
amounts specified for the |
23 |
| following fiscal years:
|
|
24 | | Fiscal Year 2000 |
$80,500,000; |
|
25 | | Fiscal Year 2001 |
$80,500,000; |
|
26 | | Fiscal Year 2002 |
$80,500,000; |
|
|
|
|
|
09500SB0182ham001 |
- 44 - |
LRB095 05337 BDD 37338 a |
|
|
1 | | Fiscal Year 2003 |
$130,500,000; |
|
2 | | Fiscal Year 2004 |
$130,500,000; |
|
3 | | Fiscal Year 2005 |
$130,500,000;
|
|
4 | | Fiscal Year 2006
| $130,500,000;
|
|
5 | | Fiscal Year 2007
| $130,500,000;
|
|
6 | | Fiscal Year 2008 and |
$130,500,000; $30,500,000. |
|
7 | | Fiscal Year 2009 and each year thereafter |
|
8 |
| It shall not be lawful to circumvent this limitation on |
9 |
| appropriations by
governmental reorganization or other |
10 |
| methods.
|
11 |
| No new program may be initiated in fiscal year 1991 and
|
12 |
| thereafter that is not consistent with the limitations imposed |
13 |
| by this
Section for fiscal year 1984 and thereafter, insofar as |
14 |
| appropriation of
Road Fund monies is concerned.
|
15 |
| Nothing in this Section prohibits transfers from the Road |
16 |
| Fund to the
State Construction Account Fund under Section 5e of |
17 |
| this Act; nor to the
General Revenue Fund, as authorized by |
18 |
| this amendatory Act of
the 93rd
General Assembly.
|
19 |
| The additional amounts authorized for expenditure in this |
20 |
| Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
|
21 |
| shall be repaid to the Road Fund
from the General Revenue Fund |
22 |
| in the next succeeding fiscal year that the
General Revenue |
23 |
| Fund has a positive budgetary balance, as determined by
|
24 |
| generally accepted accounting principles applicable to |
25 |
| government.
|
26 |
| The additional amounts authorized for expenditure by the |
|
|
|
09500SB0182ham001 |
- 45 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| Secretary of State
and
the Department of State Police in this |
2 |
| Section by this amendatory Act of the
94th General Assembly |
3 |
| shall be repaid to the Road Fund from the General Revenue Fund |
4 |
| in the
next
succeeding fiscal year that the General Revenue |
5 |
| Fund has a positive budgetary
balance,
as determined by |
6 |
| generally accepted accounting principles applicable to
|
7 |
| government.
|
8 |
| (Source: P.A. 93-25, eff. 6-20-03; 93-721, eff. 1-1-05; 93-839, |
9 |
| eff. 7-30-04; 94-91, eff. 7-1-05; 94-839, eff. 6-6-06.)
|
10 |
| (30 ILCS 105/8g)
|
11 |
| Sec. 8g. Fund transfers.
|
12 |
| (a) In addition to any other transfers that may be provided |
13 |
| for by law, as
soon as may be practical after the effective |
14 |
| date of this amendatory Act of
the 91st General Assembly, the |
15 |
| State Comptroller shall direct and the State
Treasurer shall |
16 |
| transfer the sum of $10,000,000 from the General Revenue Fund
|
17 |
| to the Motor Vehicle License Plate Fund created by Senate Bill |
18 |
| 1028 of the 91st
General Assembly.
|
19 |
| (b) In addition to any other transfers that may be provided |
20 |
| for by law, as
soon as may be practical after the effective |
21 |
| date of this amendatory Act of
the 91st General Assembly, the |
22 |
| State Comptroller shall direct and the State
Treasurer shall |
23 |
| transfer the sum of $25,000,000 from the General Revenue Fund
|
24 |
| to the Fund for Illinois' Future created by Senate Bill 1066 of |
25 |
| the 91st
General Assembly.
|
|
|
|
09500SB0182ham001 |
- 46 - |
LRB095 05337 BDD 37338 a |
|
|
1 |
| (c) In addition to any other transfers that may be provided |
2 |
| for by law,
on August 30 of each fiscal year's license period, |
3 |
| the Illinois Liquor Control
Commission shall direct and the |
4 |
| State Comptroller and State Treasurer shall
transfer from the |
5 |
| General Revenue Fund to the Youth Alcoholism and Substance
|
6 |
| Abuse Prevention Fund an amount equal to the number of retail |
7 |
| liquor licenses
issued for that fiscal year multiplied by $50.
|
8 |
| (d) The payments to programs required under subsection (d) |
9 |
| of Section 28.1
of the Horse Racing Act of 1975 shall be made, |
10 |
| pursuant to appropriation, from
the special funds referred to |
11 |
| in the statutes cited in that subsection, rather
than directly |
12 |
| from the General Revenue Fund.
|
13 |
| Beginning January 1, 2000, on the first day of each month, |
14 |
| or as soon
as may be practical thereafter, the State |
15 |
| Comptroller shall direct and the
State Treasurer shall transfer |
16 |
| from the General Revenue Fund to each of the
special funds from |
17 |
| which payments are to be made under Section 28.1(d) of the
|
18 |
| Horse Racing Act of 1975 an amount equal to 1/12 of the annual |
19 |
| amount required
for those payments from that special fund, |
20 |
| which annual amount shall not exceed
the annual amount for |
21 |
| those payments from that special fund for the calendar
year |
22 |
| 1998. The special funds to which transfers shall be made under |
23 |
| this
subsection (d) include, but are not necessarily limited |
24 |
| to, the Agricultural
Premium Fund; the Metropolitan Exposition |
25 |
| Auditorium and Office Building Fund;
the Fair and Exposition |
26 |
| Fund; the Standardbred Breeders Fund; the Thoroughbred
|
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
|
2 |
| (e) In addition to any other transfers that may be provided |
3 |
| for by law,
as soon as may be practical after the effective |
4 |
| date of this amendatory Act of
the 91st General Assembly, but |
5 |
| in no event later than June 30, 2000, the State
Comptroller |
6 |
| shall direct and the State Treasurer shall transfer the sum of
|
7 |
| $15,000,000 from the General Revenue Fund to the Fund for |
8 |
| Illinois' Future.
|
9 |
| (f) In addition to any other transfers that may be provided |
10 |
| for by law,
as soon as may be practical after the effective |
11 |
| date of this amendatory Act of
the 91st General Assembly, but |
12 |
| in no event later than June 30, 2000, the State
Comptroller |
13 |
| shall direct and the State Treasurer shall transfer the sum of
|
14 |
| $70,000,000 from the General Revenue Fund to the Long-Term Care |
15 |
| Provider
Fund.
|
16 |
| (f-1) In fiscal year 2002, in addition to any other |
17 |
| transfers that may
be provided for by law, at the direction of |
18 |
| and upon notification from the
Governor, the State Comptroller |
19 |
| shall direct and the State Treasurer shall
transfer amounts not |
20 |
| exceeding a total of $160,000,000 from the General
Revenue Fund |
21 |
| to the Long-Term Care Provider Fund.
|
22 |
| (g) In addition to any other transfers that may be provided |
23 |
| for by law,
on July 1, 2001, or as soon thereafter as may be |
24 |
| practical, the State
Comptroller shall direct and the State |
25 |
| Treasurer shall transfer the sum of
$1,200,000 from the General |
26 |
| Revenue Fund to the Violence Prevention Fund.
|
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| (h) In each of fiscal years 2002 through 2004, but not
|
2 |
| thereafter, in
addition to any other transfers that may be |
3 |
| provided for by law, the State
Comptroller shall direct and the |
4 |
| State Treasurer shall transfer $5,000,000
from the General |
5 |
| Revenue Fund to the Tourism Promotion Fund.
|
6 |
| (i) On or after July 1, 2001 and until May 1, 2002, in |
7 |
| addition to any
other transfers that may be provided for by |
8 |
| law, at the direction of and upon
notification from the |
9 |
| Governor, the State Comptroller shall direct and the
State |
10 |
| Treasurer shall transfer amounts not exceeding a total of |
11 |
| $80,000,000
from the General Revenue Fund to the Tobacco |
12 |
| Settlement Recovery Fund.
Any amounts so transferred shall be |
13 |
| re-transferred by the State Comptroller
and the State Treasurer |
14 |
| from the Tobacco Settlement Recovery Fund to the
General |
15 |
| Revenue Fund at the direction of and upon notification from the
|
16 |
| Governor, but in any event on or before June 30, 2002.
|
17 |
| (i-1) On or after July 1, 2002 and until May 1, 2003, in |
18 |
| addition to any
other transfers that may be provided for by |
19 |
| law, at the direction of and upon
notification from the |
20 |
| Governor, the State Comptroller shall direct and the
State |
21 |
| Treasurer shall transfer amounts not exceeding a total of |
22 |
| $80,000,000
from the General Revenue Fund to the Tobacco |
23 |
| Settlement Recovery Fund.
Any amounts so transferred shall be |
24 |
| re-transferred by the State Comptroller
and the State Treasurer |
25 |
| from the Tobacco Settlement Recovery Fund to the
General |
26 |
| Revenue Fund at the direction of and upon notification from the
|
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| Governor, but in any event on or before June 30, 2003.
|
2 |
| (j) On or after July 1, 2001 and no later than June 30, |
3 |
| 2002, in addition to
any other transfers that may be provided |
4 |
| for by law, at the direction of and
upon notification from the |
5 |
| Governor, the State Comptroller shall direct and the
State |
6 |
| Treasurer shall transfer amounts not to exceed the following |
7 |
| sums into
the Statistical Services Revolving Fund:
|
|
8 | | From the General Revenue Fund ................. |
$8,450,000 |
|
9 | | From the Public Utility Fund .................. |
1,700,000 |
|
10 | | From the Transportation Regulatory Fund ....... |
2,650,000 |
|
11 | | From the Title III Social Security and |
|
|
12 | | Employment Fund .............................. |
3,700,000 |
|
13 | | From the Professions Indirect Cost Fund ....... |
4,050,000 |
|
14 | | From the Underground Storage Tank Fund ........ |
550,000 |
|
15 | | From the Agricultural Premium Fund ............ |
750,000 |
|
16 | | From the State Pensions Fund .................. |
200,000 |
|
17 | | From the Road Fund ............................ |
2,000,000 |
|
18 | | From the Health Facilities |
|
|
19 | | Planning Fund ................................ |
1,000,000 |
|
20 | | From the Savings and Residential Finance |
|
|
21 | | Regulatory Fund .............................. |
130,800 |
|
22 | | From the Appraisal Administration Fund ........ |
28,600 |
|
23 | | From the Pawnbroker Regulation Fund ........... |
3,600 |
|
24 | | From the Auction Regulation |
|
|
25 | | Administration Fund .......................... |
35,800 |
|
26 | | From the Bank and Trust Company Fund .......... |
634,800 |
|
|
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 | | From the Real Estate License |
|
|
2 | | Administration Fund .......................... |
313,600 |
|
3 |
| (k) In addition to any other transfers that may be provided |
4 |
| for by law,
as soon as may be practical after the effective |
5 |
| date of this amendatory Act of
the 92nd General Assembly, the |
6 |
| State Comptroller shall direct and the State
Treasurer shall |
7 |
| transfer the sum of $2,000,000 from the General Revenue Fund
to |
8 |
| the Teachers Health Insurance Security Fund.
|
9 |
| (k-1) In addition to any other transfers that may be |
10 |
| provided for by
law, on July 1, 2002, or as soon as may be |
11 |
| practical thereafter, the State
Comptroller shall direct and |
12 |
| the State Treasurer shall transfer the sum of
$2,000,000 from |
13 |
| the General Revenue Fund to the Teachers Health Insurance
|
14 |
| Security Fund.
|
15 |
| (k-2) In addition to any other transfers that may be |
16 |
| provided for by
law, on July 1, 2003, or as soon as may be |
17 |
| practical thereafter, the State
Comptroller shall direct and |
18 |
| the State Treasurer shall transfer the sum of
$2,000,000 from |
19 |
| the General Revenue Fund to the Teachers Health Insurance
|
20 |
| Security Fund.
|
21 |
| (k-3) On or after July 1, 2002 and no later than June 30, |
22 |
| 2003, in
addition to any other transfers that may be provided |
23 |
| for by law, at the
direction of and upon notification from the |
24 |
| Governor, the State Comptroller
shall direct and the State |
25 |
| Treasurer shall transfer amounts not to exceed the
following |
26 |
| sums into the Statistical Services Revolving Fund:
|
|
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 | | Appraisal Administration Fund ................. |
$150,000 |
|
2 | | General Revenue Fund .......................... |
10,440,000 |
|
3 | | Savings and Residential Finance |
|
|
4 | | Regulatory Fund ........................... |
200,000 |
|
5 | | State Pensions Fund ........................... |
100,000 |
|
6 | | Bank and Trust Company Fund ................... |
100,000 |
|
7 | | Professions Indirect Cost Fund ................ |
3,400,000 |
|
8 | | Public Utility Fund ........................... |
2,081,200 |
|
9 | | Real Estate License Administration Fund ....... |
150,000 |
|
10 | | Title III Social Security and |
|
|
11 | | Employment Fund ........................... |
1,000,000 |
|
12 | | Transportation Regulatory Fund ................ |
3,052,100 |
|
13 | | Underground Storage Tank Fund ................. |
50,000 |
|
14 |
| (l) In addition to any other transfers that may be provided |
15 |
| for by law, on
July 1, 2002, or as soon as may be practical |
16 |
| thereafter, the State Comptroller
shall direct and the State |
17 |
| Treasurer shall transfer the sum of $3,000,000 from
the General |
18 |
| Revenue Fund to the Presidential Library and Museum Operating
|
19 |
| Fund.
|
20 |
| (m) In addition to any other transfers that may be provided |
21 |
| for by law, on
July 1, 2002 and on the effective date of this |
22 |
| amendatory Act of the 93rd
General Assembly, or as soon |
23 |
| thereafter as may be practical, the State Comptroller
shall |
24 |
| direct and the State Treasurer shall transfer the sum of |
25 |
| $1,200,000 from
the General Revenue Fund to the Violence |
26 |
| Prevention Fund.
|
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| (n) In addition to any other transfers that may be provided |
2 |
| for by law,
on July 1,
2003, or as soon thereafter as may be |
3 |
| practical, the State Comptroller shall
direct and the
State |
4 |
| Treasurer shall transfer the sum of $6,800,000 from the General |
5 |
| Revenue
Fund to
the DHS Recoveries Trust Fund.
|
6 |
| (o) On or after July 1, 2003, and no later than June 30, |
7 |
| 2004, in
addition to any
other transfers that may be provided |
8 |
| for by law, at the direction of and upon
notification
from the |
9 |
| Governor, the State Comptroller shall direct and the State |
10 |
| Treasurer
shall
transfer amounts not to exceed the following |
11 |
| sums into the Vehicle Inspection
Fund:
|
|
12 | | From the Underground Storage Tank Fund ....... |
$35,000,000. |
|
13 |
| (p) On or after July 1, 2003 and until May 1, 2004, in |
14 |
| addition to any
other
transfers that may be provided for by |
15 |
| law, at the direction of and upon
notification from
the |
16 |
| Governor, the State Comptroller shall direct and the State |
17 |
| Treasurer shall
transfer
amounts not exceeding a total of |
18 |
| $80,000,000 from the General Revenue Fund to
the
Tobacco |
19 |
| Settlement Recovery Fund. Any amounts so transferred shall be
|
20 |
| re-transferred
from the Tobacco Settlement Recovery Fund to the |
21 |
| General Revenue Fund at the
direction of and upon notification |
22 |
| from the Governor, but in any event on or
before June
30, 2004.
|
23 |
| (q) In addition to any other transfers that may be provided |
24 |
| for by law, on
July 1,
2003, or as soon as may be practical |
25 |
| thereafter, the State Comptroller shall
direct and the
State |
26 |
| Treasurer shall transfer the sum of $5,000,000 from the General |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| Revenue
Fund to
the Illinois Military Family Relief Fund.
|
2 |
| (r) In addition to any other transfers that may be provided |
3 |
| for by law, on
July 1,
2003, or as soon as may be practical |
4 |
| thereafter, the State Comptroller shall
direct and the
State |
5 |
| Treasurer shall transfer the sum of $1,922,000 from the General |
6 |
| Revenue
Fund to
the Presidential Library and Museum Operating |
7 |
| Fund.
|
8 |
| (s) In addition to any other transfers that may be provided |
9 |
| for by law, on
or after
July 1, 2003, the State Comptroller |
10 |
| shall direct and the State Treasurer shall
transfer the
sum of |
11 |
| $4,800,000 from the Statewide Economic Development Fund to the |
12 |
| General
Revenue Fund.
|
13 |
| (t) In addition to any other transfers that may be provided |
14 |
| for by law, on
or after
July 1, 2003, the State Comptroller |
15 |
| shall direct and the State Treasurer shall
transfer the
sum of |
16 |
| $50,000,000 from the General Revenue Fund to the Budget |
17 |
| Stabilization
Fund.
|
18 |
| (u) On or after July 1, 2004 and until May 1, 2005, in |
19 |
| addition to any other transfers that may be provided for by |
20 |
| law, at the direction of and upon notification from the |
21 |
| Governor, the State Comptroller shall direct and the State |
22 |
| Treasurer shall transfer amounts not exceeding a total of |
23 |
| $80,000,000 from the General Revenue Fund to the Tobacco |
24 |
| Settlement Recovery Fund. Any amounts so transferred shall be |
25 |
| retransferred by the State Comptroller and the State Treasurer |
26 |
| from the Tobacco Settlement Recovery Fund to the General |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| Revenue Fund at the direction of and upon notification from the |
2 |
| Governor, but in any event on or before June 30, 2005.
|
3 |
| (v) In addition to any other transfers that may be provided |
4 |
| for by law, on July 1, 2004, or as soon thereafter as may be |
5 |
| practical, the State Comptroller shall direct and the State |
6 |
| Treasurer shall transfer the sum of $1,200,000 from the General |
7 |
| Revenue Fund to the Violence Prevention Fund. |
8 |
| (w) In addition to any other transfers that may be provided |
9 |
| for by law, on July 1, 2004, or as soon thereafter as may be |
10 |
| practical, the State Comptroller shall direct and the State |
11 |
| Treasurer shall transfer the sum of $6,445,000 from the General |
12 |
| Revenue Fund to the Presidential Library and Museum Operating |
13 |
| Fund.
|
14 |
| (x) In addition to any other transfers that may be provided |
15 |
| for by law, on January 15, 2005, or as soon thereafter as may |
16 |
| be practical, the State Comptroller shall direct and the State |
17 |
| Treasurer shall transfer to the General Revenue Fund the |
18 |
| following sums: |
19 |
| From the State Crime Laboratory Fund, $200,000; |
20 |
| From the State Police Wireless Service Emergency Fund, |
21 |
| $200,000; |
22 |
| From the State Offender DNA Identification System |
23 |
| Fund, $800,000; and |
24 |
| From the State Police Whistleblower Reward and |
25 |
| Protection Fund, $500,000.
|
26 |
| (y) Notwithstanding any other provision of law to the |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| contrary, in addition to any other transfers that may be |
2 |
| provided for by law on June 30, 2005, or as soon as may be |
3 |
| practical thereafter, the State Comptroller shall direct and |
4 |
| the State Treasurer shall transfer the remaining balance from |
5 |
| the designated funds into the General Revenue Fund and any |
6 |
| future deposits that would otherwise be made into these funds |
7 |
| must instead be made into the General Revenue Fund:
|
8 |
| (1) the Keep Illinois Beautiful Fund;
|
9 |
| (2) the
Metropolitan Fair and Exposition Authority |
10 |
| Reconstruction Fund; |
11 |
| (3) the
New Technology Recovery Fund; |
12 |
| (4) the Illinois Rural Bond Bank Trust Fund; |
13 |
| (5) the ISBE School Bus Driver Permit Fund; |
14 |
| (6) the
Solid Waste Management Revolving Loan Fund; |
15 |
| (7)
the State Postsecondary Review Program Fund; |
16 |
| (8) the
Tourism Attraction Development Matching Grant |
17 |
| Fund; |
18 |
| (9) the
Patent and Copyright Fund; |
19 |
| (10) the
Credit Enhancement Development Fund; |
20 |
| (11) the
Community Mental Health and Developmental |
21 |
| Disabilities Services Provider Participation Fee Trust |
22 |
| Fund; |
23 |
| (12) the
Nursing Home Grant Assistance Fund; |
24 |
| (13) the
By-product Material Safety Fund; |
25 |
| (14) the
Illinois Student Assistance Commission Higher |
26 |
| EdNet Fund; |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| (15) the
DORS State Project Fund; |
2 |
| (16) the School Technology Revolving Fund; |
3 |
| (17) the
Energy Assistance Contribution Fund; |
4 |
| (18) the
Illinois Building Commission Revolving Fund; |
5 |
| (19) the
Illinois Aquaculture Development Fund; |
6 |
| (20) the
Homelessness Prevention Fund; |
7 |
| (21) the
DCFS Refugee Assistance Fund; |
8 |
| (22) the
Illinois Century Network Special Purposes |
9 |
| Fund; and |
10 |
| (23) the
Build Illinois Purposes Fund.
|
11 |
| (z) In addition to any other transfers that may be provided |
12 |
| for by law, on July 1, 2005, or as soon as may be practical |
13 |
| thereafter, the State Comptroller shall direct and the State |
14 |
| Treasurer shall transfer the sum of $1,200,000 from the General |
15 |
| Revenue Fund to the Violence Prevention Fund.
|
16 |
| (aa) In addition to any other transfers that may be |
17 |
| provided for by law, on July 1, 2005, or as soon as may be |
18 |
| practical thereafter, the State Comptroller shall direct and |
19 |
| the State Treasurer shall transfer the sum of $9,000,000 from |
20 |
| the General Revenue Fund to the Presidential Library and Museum |
21 |
| Operating Fund.
|
22 |
| (bb) In addition to any other transfers that may be |
23 |
| provided for by law, on July 1, 2005, or as soon as may be |
24 |
| practical thereafter, the State Comptroller shall direct and |
25 |
| the State Treasurer shall transfer the sum of $6,803,600 from |
26 |
| the General Revenue Fund to the Securities Audit and |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| Enforcement Fund.
|
2 |
| (cc) In addition to any other transfers that may be |
3 |
| provided for by law, on or after July 1, 2005 and until May 1, |
4 |
| 2006, at the direction of and upon notification from the |
5 |
| Governor, the State Comptroller shall direct and the State |
6 |
| Treasurer shall transfer amounts not exceeding a total of |
7 |
| $80,000,000 from the General Revenue Fund to the Tobacco |
8 |
| Settlement Recovery Fund. Any amounts so transferred shall be |
9 |
| re-transferred by the State Comptroller and the State Treasurer |
10 |
| from the Tobacco Settlement Recovery Fund to the General |
11 |
| Revenue Fund at the direction of and upon notification from the |
12 |
| Governor, but in any event on or before June 30, 2006.
|
13 |
| (dd) In addition to any other transfers that may be |
14 |
| provided for by law, on April 1, 2005, or as soon thereafter as |
15 |
| may be practical, at the direction of the Director of Public |
16 |
| Aid (now Director of Healthcare and Family Services), the State |
17 |
| Comptroller shall direct and the State Treasurer shall transfer |
18 |
| from the Public Aid Recoveries Trust Fund amounts not to exceed |
19 |
| $14,000,000 to the Community Mental Health Medicaid Trust Fund. |
20 |
| (ee) Notwithstanding any other provision of law, on July 1, |
21 |
| 2006, or as soon thereafter as practical, the State Comptroller |
22 |
| shall direct and the State Treasurer shall transfer the |
23 |
| remaining balance from the Illinois Civic Center Bond Fund to |
24 |
| the Illinois Civic Center Bond Retirement and Interest Fund. |
25 |
| (ff) In addition to any other transfers that may be |
26 |
| provided for by law, on and after July 1, 2006 and until June |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| 30, 2007, at the direction of and upon notification from the |
2 |
| Director of the Governor's Office of Management and Budget, the |
3 |
| State Comptroller shall direct and the State Treasurer shall |
4 |
| transfer amounts not exceeding a total of $1,900,000 from the |
5 |
| General Revenue Fund to the Illinois Capital Revolving Loan |
6 |
| Fund. |
7 |
| (gg) In addition to any other transfers that may be |
8 |
| provided for by law, on and after July 1, 2006 and until May 1, |
9 |
| 2007, at the direction of and upon notification from the |
10 |
| Governor, the State Comptroller shall direct and the State |
11 |
| Treasurer shall transfer amounts not exceeding a total of |
12 |
| $80,000,000 from the General Revenue Fund to the Tobacco |
13 |
| Settlement Recovery Fund. Any amounts so transferred shall be |
14 |
| retransferred by the State Comptroller and the State Treasurer |
15 |
| from the Tobacco Settlement Recovery Fund to the General |
16 |
| Revenue Fund at the direction of and upon notification from the |
17 |
| Governor, but in any event on or before June 30, 2007. |
18 |
| (hh) In addition to any other transfers that may be |
19 |
| provided for by law, on and after July 1, 2006 and until June |
20 |
| 30, 2007, at the direction of and upon notification from the |
21 |
| Governor, the State Comptroller shall direct and the State |
22 |
| Treasurer shall transfer amounts from the Illinois Affordable |
23 |
| Housing Trust Fund to the designated funds not exceeding the |
24 |
| following amounts: |
25 |
| DCFS Children's Services Fund .................$2,200,000
|
26 |
| Department of Corrections Reimbursement |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| and Education Fund ........................$1,500,000
|
2 |
| Supplemental Low-Income Energy |
3 |
| Assistance Fund ..............................$75,000
|
4 |
| (ii) In addition to any other transfers that may be |
5 |
| provided for by law, on or before August 31, 2006, the Governor |
6 |
| and the State Comptroller may agree to transfer the surplus |
7 |
| cash balance from the General Revenue Fund to the Budget |
8 |
| Stabilization Fund and the Pension Stabilization Fund in equal |
9 |
| proportions. The determination of the amount of the surplus |
10 |
| cash balance shall be made by the Governor, with the |
11 |
| concurrence of the State Comptroller, after taking into account |
12 |
| the June 30, 2006 balances in the general funds and the actual |
13 |
| or estimated spending from the general funds during the lapse |
14 |
| period. Notwithstanding the foregoing, the maximum amount that |
15 |
| may be transferred under this subsection (ii) is $50,000,000. |
16 |
| (jj) In addition to any other transfers that may be |
17 |
| provided for by law, on July 1, 2006, or as soon thereafter as |
18 |
| practical, the State Comptroller shall direct and the State |
19 |
| Treasurer shall transfer the sum of $8,250,000 from the General |
20 |
| Revenue Fund to the Presidential Library and Museum Operating |
21 |
| Fund. |
22 |
| (kk) In addition to any other transfers that may be |
23 |
| provided for by law, on July 1, 2006, or as soon thereafter as |
24 |
| practical, the State Comptroller shall direct and the State |
25 |
| Treasurer shall transfer the sum of $1,400,000 from the General |
26 |
| Revenue Fund to the Violence Prevention Fund.
|
|
|
|
09500SB0182ham001 |
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| (ll) In addition to any other transfers that may be |
2 |
| provided for by law, on the first day of each calendar quarter |
3 |
| of the fiscal year beginning July 1, 2006, or as soon |
4 |
| thereafter as practical, the State Comptroller shall direct and |
5 |
| the State Treasurer shall transfer from the General Revenue |
6 |
| Fund amounts equal to one-fourth of $20,000,000 to the |
7 |
| Renewable Energy Resources Trust Fund. |
8 |
| (mm) In addition to any other transfers that may be |
9 |
| provided for by law, on July 1, 2006, or as soon thereafter as |
10 |
| practical, the State Comptroller shall direct and the State |
11 |
| Treasurer shall transfer the sum of $1,320,000 from the General |
12 |
| Revenue Fund to the I-FLY Fund. |
13 |
| (nn) In addition to any other transfers that may be |
14 |
| provided for by law, on July 1, 2006, or as soon thereafter as |
15 |
| practical, the State Comptroller shall direct and the State |
16 |
| Treasurer shall transfer the sum of $3,000,000 from the General |
17 |
| Revenue Fund to the African-American HIV/AIDS Response Fund. |
18 |
| (oo) In addition to any other transfers that may be |
19 |
| provided for by law, on and after July 1, 2006 and until June |
20 |
| 30, 2007, at the direction of and upon notification from the |
21 |
| Governor, the State Comptroller shall direct and the State |
22 |
| Treasurer shall transfer amounts identified as net receipts |
23 |
| from the sale of all or part of the Illinois Student Assistance |
24 |
| Commission loan portfolio from the Student Loan Operating Fund |
25 |
| to the General Revenue Fund. The maximum amount that may be |
26 |
| transferred pursuant to this Section is $38,800,000. In |
|
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|
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| addition, no transfer may be made pursuant to this Section that |
2 |
| would have the effect of reducing the available balance in the |
3 |
| Student Loan Operating Fund to an amount less than the amount |
4 |
| remaining unexpended and unreserved from the total |
5 |
| appropriations from the Fund estimated to be expended for the |
6 |
| fiscal year. The State Treasurer and Comptroller shall transfer |
7 |
| the amounts designated under this Section as soon as may be |
8 |
| practical after receiving the direction to transfer from the |
9 |
| Governor.
|
10 |
| (pp)
(ee) In addition to any other transfers that may be |
11 |
| provided for by law, on July 1, 2006, or as soon thereafter as |
12 |
| practical, the State Comptroller shall direct and the State |
13 |
| Treasurer shall transfer the sum of $2,000,000 from the General |
14 |
| Revenue Fund to the Illinois Veterans Assistance Fund. |
15 |
| (qq) Notwithstanding any other provision of law, on July 1, |
16 |
| 2007, or as soon thereafter as practical, the State Comptroller |
17 |
| shall direct and the State Treasurer shall transfer the |
18 |
| remaining balance from the Illinois Civic Center Bond Fund to |
19 |
| the Illinois Civic Center Bond Retirement and Interest Fund. |
20 |
| (rr) In addition to any other transfers that may be |
21 |
| provided for by law, on and after July 1, 2007 and until May 1, |
22 |
| 2008, at the direction of and upon notification from the |
23 |
| Governor, the State Comptroller shall direct and the State |
24 |
| Treasurer shall transfer amounts not exceeding a total of |
25 |
| $80,000,000 from the General Revenue Fund to the Tobacco |
26 |
| Settlement Recovery Fund. Any amounts so transferred shall be |
|
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| retransferred by the State Comptroller and the State Treasurer |
2 |
| from the Tobacco Settlement Recovery Fund to the General |
3 |
| Revenue Fund at the direction of and upon notification from the |
4 |
| Governor, but in any event on or before June 30, 2008. |
5 |
| (ss) In addition to any other transfers that may be |
6 |
| provided for by law, on and after July 1, 2007 and until June |
7 |
| 30, 2008, at the direction of and upon notification from the |
8 |
| Governor, the State Comptroller shall direct and the State |
9 |
| Treasurer shall transfer amounts from the Illinois Affordable |
10 |
| Housing Trust Fund to the designated funds not exceeding the |
11 |
| following amounts: |
12 |
| DCFS Children's Services Fund .................$2,200,000
|
13 |
| Department of Corrections Reimbursement |
14 |
| and Education Fund ........................$1,500,000
|
15 |
| Supplemental Low-Income Energy |
16 |
| Assistance Fund ..............................$75,000
|
17 |
| (tt) In addition to any other transfers that may be |
18 |
| provided for by law, on July 1, 2007, or as soon thereafter as |
19 |
| practical, the State Comptroller shall direct and the State |
20 |
| Treasurer shall transfer the sum of $8,250,000 from the General |
21 |
| Revenue Fund to the Presidential Library and Museum Operating |
22 |
| Fund. |
23 |
| (uu) In addition to any other transfers that may be |
24 |
| provided for by law, on July 1, 2007, or as soon thereafter as |
25 |
| practical, the State Comptroller shall direct and the State |
26 |
| Treasurer shall transfer the sum of $1,400,000 from the General |
|
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| Revenue Fund to the Violence Prevention Fund.
|
2 |
| (vv) In addition to any other transfers that may be |
3 |
| provided for by law, on July 1, 2007, or as soon thereafter as |
4 |
| practical, the State Comptroller shall direct and the State |
5 |
| Treasurer shall transfer the sum of $1,320,000 from the General |
6 |
| Revenue Fund to the I-FLY Fund. |
7 |
| (ww) In addition to any other transfers that may be |
8 |
| provided for by law, on July 1, 2007, or as soon thereafter as |
9 |
| practical, the State Comptroller shall direct and the State |
10 |
| Treasurer shall transfer the sum of $3,000,000 from the General |
11 |
| Revenue Fund to the African-American HIV/AIDS Response Fund. |
12 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-648, eff. 1-8-04; 93-839, |
13 |
| eff. 7-30-04; 93-1067, eff. 1-15-05; 94-58, eff. 6-17-05; |
14 |
| 94-91, eff. 7-1-05; 94-816, eff. 5-30-06; 94-839, eff. 6-6-06; |
15 |
| revised 8-3-06.)
|
16 |
| (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
|
17 |
| Sec. 13.2. Transfers among line item appropriations.
|
18 |
| (a) Transfers among line item appropriations from the same
|
19 |
| treasury fund for the objects specified in this Section may be |
20 |
| made in
the manner provided in this Section when the balance |
21 |
| remaining in one or
more such line item appropriations is |
22 |
| insufficient for the purpose for
which the appropriation was |
23 |
| made.
|
24 |
| (a-1) No transfers may be made from one
agency to another |
25 |
| agency, nor may transfers be made from one institution
of |
|
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| higher education to another institution of higher education.
|
2 |
| (a-2) Except as otherwise provided in this Section, |
3 |
| transfers may be made only among the objects of expenditure |
4 |
| enumerated
in this Section, except that no funds may be |
5 |
| transferred from any
appropriation for personal services, from |
6 |
| any appropriation for State
contributions to the State |
7 |
| Employees' Retirement System, from any
separate appropriation |
8 |
| for employee retirement contributions paid by the
employer, nor |
9 |
| from any appropriation for State contribution for
employee |
10 |
| group insurance. During State fiscal year 2005, an agency may |
11 |
| transfer amounts among its appropriations within the same |
12 |
| treasury fund for personal services, employee retirement |
13 |
| contributions paid by employer, and State Contributions to |
14 |
| retirement systems; notwithstanding and in addition to the |
15 |
| transfers authorized in subsection (c) of this Section, the |
16 |
| fiscal year 2005 transfers authorized in this sentence may be |
17 |
| made in an amount not to exceed 2% of the aggregate amount |
18 |
| appropriated to an agency within the same treasury fund. During |
19 |
| State fiscal years
year 2007 and 2008 , the Departments of |
20 |
| Children and Family Services, Corrections, Human Services, and |
21 |
| Juvenile Justice may transfer amounts among their respective |
22 |
| appropriations within the same treasury fund for personal |
23 |
| services, employee retirement contributions paid by employer, |
24 |
| and State contributions to retirement systems. |
25 |
| Notwithstanding, and in addition to, the transfers authorized |
26 |
| in subsection (c) of this Section, these transfers may be made |
|
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| in an amount not to exceed 2% of the aggregate amount |
2 |
| appropriated to an agency within the same treasury fund.
|
3 |
| (a-3) Further, if an agency receives a separate
|
4 |
| appropriation for employee retirement contributions paid by |
5 |
| the employer,
any transfer by that agency into an appropriation |
6 |
| for personal services
must be accompanied by a corresponding |
7 |
| transfer into the appropriation for
employee retirement |
8 |
| contributions paid by the employer, in an amount
sufficient to |
9 |
| meet the employer share of the employee contributions
required |
10 |
| to be remitted to the retirement system.
|
11 |
| (b) In addition to the general transfer authority provided |
12 |
| under
subsection (c), the following agencies have the specific |
13 |
| transfer authority
granted in this subsection:
|
14 |
| The Department of Healthcare and Family Services is |
15 |
| authorized to make transfers
representing savings attributable |
16 |
| to not increasing grants due to the
births of additional |
17 |
| children from line items for payments of cash grants to
line |
18 |
| items for payments for employment and social services for the |
19 |
| purposes
outlined in subsection (f) of Section 4-2 of the |
20 |
| Illinois Public Aid Code.
|
21 |
| The Department of Children and Family Services is |
22 |
| authorized to make
transfers not exceeding 2% of the aggregate |
23 |
| amount appropriated to it within
the same treasury fund for the |
24 |
| following line items among these same line
items: Foster Home |
25 |
| and Specialized Foster Care and Prevention, Institutions
and |
26 |
| Group Homes and Prevention, and Purchase of Adoption and |
|
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| Guardianship
Services.
|
2 |
| The Department on Aging is authorized to make transfers not
|
3 |
| exceeding 2% of the aggregate amount appropriated to it within |
4 |
| the same
treasury fund for the following Community Care Program |
5 |
| line items among these
same line items: Homemaker and Senior |
6 |
| Companion Services, Alternative Senior Services, Case |
7 |
| Coordination
Units, and Adult Day Care Services.
|
8 |
| The State Treasurer is authorized to make transfers among |
9 |
| line item
appropriations
from the Capital Litigation Trust |
10 |
| Fund, with respect to costs incurred in
fiscal years 2002 and |
11 |
| 2003 only, when the balance remaining in one or
more such
line |
12 |
| item appropriations is insufficient for the purpose for which |
13 |
| the
appropriation was
made, provided that no such transfer may |
14 |
| be made unless the amount transferred
is no
longer required for |
15 |
| the purpose for which that appropriation was made.
|
16 |
| (c) The sum of such transfers for an agency in a fiscal |
17 |
| year shall not
exceed 2% of the aggregate amount appropriated |
18 |
| to it within the same treasury
fund for the following objects: |
19 |
| Personal Services; Extra Help; Student and
Inmate |
20 |
| Compensation; State Contributions to Retirement Systems; State
|
21 |
| Contributions to Social Security; State Contribution for |
22 |
| Employee Group
Insurance; Contractual Services; Travel; |
23 |
| Commodities; Printing; Equipment;
Electronic Data Processing; |
24 |
| Operation of Automotive Equipment;
Telecommunications |
25 |
| Services; Travel and Allowance for Committed, Paroled
and |
26 |
| Discharged Prisoners; Library Books; Federal Matching Grants |
|
|
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| for
Student Loans; Refunds; Workers' Compensation, |
2 |
| Occupational Disease, and
Tort Claims; and, in appropriations |
3 |
| to institutions of higher education,
Awards and Grants. |
4 |
| Notwithstanding the above, any amounts appropriated for
|
5 |
| payment of workers' compensation claims to an agency to which |
6 |
| the authority
to evaluate, administer and pay such claims has |
7 |
| been delegated by the
Department of Central Management Services |
8 |
| may be transferred to any other
expenditure object where such |
9 |
| amounts exceed the amount necessary for the
payment of such |
10 |
| claims.
|
11 |
| (c-1) Special provisions for State fiscal year 2003. |
12 |
| Notwithstanding any
other provision of this Section to the |
13 |
| contrary, for State fiscal year 2003
only, transfers among line |
14 |
| item appropriations to an agency from the same
treasury fund |
15 |
| may be made provided that the sum of such transfers for an |
16 |
| agency
in State fiscal year 2003 shall not exceed 3% of the |
17 |
| aggregate amount
appropriated to that State agency for State |
18 |
| fiscal year 2003 for the following
objects: personal services, |
19 |
| except that no transfer may be approved which
reduces the |
20 |
| aggregate appropriations for personal services within an |
21 |
| agency;
extra help; student and inmate compensation; State
|
22 |
| contributions to retirement systems; State contributions to |
23 |
| social security;
State contributions for employee group |
24 |
| insurance; contractual services; travel;
commodities; |
25 |
| printing; equipment; electronic data processing; operation of
|
26 |
| automotive equipment; telecommunications services; travel and |
|
|
|
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| allowance for
committed, paroled, and discharged prisoners; |
2 |
| library books; federal matching
grants for student loans; |
3 |
| refunds; workers' compensation, occupational disease,
and tort |
4 |
| claims; and, in appropriations to institutions of higher |
5 |
| education,
awards and grants.
|
6 |
| (c-2) Special provisions for State fiscal year 2005. |
7 |
| Notwithstanding subsections (a), (a-2), and (c), for State |
8 |
| fiscal year 2005 only, transfers may be made among any line |
9 |
| item appropriations from the same or any other treasury fund |
10 |
| for any objects or purposes, without limitation, when the |
11 |
| balance remaining in one or more such line item appropriations |
12 |
| is insufficient for the purpose for which the appropriation was |
13 |
| made, provided that the sum of those transfers by a State |
14 |
| agency shall not exceed 4% of the aggregate amount appropriated |
15 |
| to that State agency for fiscal year 2005.
|
16 |
| (d) Transfers among appropriations made to agencies of the |
17 |
| Legislative
and Judicial departments and to the |
18 |
| constitutionally elected officers in the
Executive branch |
19 |
| require the approval of the officer authorized in Section 10
of |
20 |
| this Act to approve and certify vouchers. Transfers among |
21 |
| appropriations
made to the University of Illinois, Southern |
22 |
| Illinois University, Chicago State
University, Eastern |
23 |
| Illinois University, Governors State University, Illinois
|
24 |
| State University, Northeastern Illinois University, Northern |
25 |
| Illinois
University, Western Illinois University, the Illinois |
26 |
| Mathematics and Science
Academy and the Board of Higher |
|
|
|
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| Education require the approval of the Board of
Higher Education |
2 |
| and the Governor. Transfers among appropriations to all other
|
3 |
| agencies require the approval of the Governor.
|
4 |
| The officer responsible for approval shall certify that the
|
5 |
| transfer is necessary to carry out the programs and purposes |
6 |
| for which
the appropriations were made by the General Assembly |
7 |
| and shall transmit
to the State Comptroller a certified copy of |
8 |
| the approval which shall
set forth the specific amounts |
9 |
| transferred so that the Comptroller may
change his records |
10 |
| accordingly. The Comptroller shall furnish the
Governor with |
11 |
| information copies of all transfers approved for agencies
of |
12 |
| the Legislative and Judicial departments and transfers |
13 |
| approved by
the constitutionally elected officials of the |
14 |
| Executive branch other
than the Governor, showing the amounts |
15 |
| transferred and indicating the
dates such changes were entered |
16 |
| on the Comptroller's records.
|
17 |
| (Source: P.A. 93-680, eff. 7-1-04; 93-839, eff. 7-30-04; |
18 |
| 94-839, eff. 6-6-06.)
|
19 |
| Section 5-15. The Illinois Income Tax Act is amended by |
20 |
| changing Section 901 as follows:
|
21 |
| (35 ILCS 5/901) (from Ch. 120, par. 9-901)
|
22 |
| Sec. 901. Collection Authority.
|
23 |
| (a) In general.
|
24 |
| The Department shall collect the taxes imposed by this Act. |
|
|
|
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| The Department
shall collect certified past due child support |
2 |
| amounts under Section 2505-650
of the Department of Revenue Law |
3 |
| (20 ILCS 2505/2505-650). Except as
provided in subsections (c) |
4 |
| and (e) of this Section, money collected
pursuant to |
5 |
| subsections (a) and (b) of Section 201 of this Act shall be
|
6 |
| paid into the General Revenue Fund in the State treasury; money
|
7 |
| collected pursuant to subsections (c) and (d) of Section 201 of |
8 |
| this Act
shall be paid into the Personal Property Tax |
9 |
| Replacement Fund, a special
fund in the State Treasury; and |
10 |
| money collected under Section 2505-650 of the
Department of |
11 |
| Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the
|
12 |
| Child Support Enforcement Trust Fund, a special fund outside |
13 |
| the State
Treasury, or
to the State
Disbursement Unit |
14 |
| established under Section 10-26 of the Illinois Public Aid
|
15 |
| Code, as directed by the Department of Healthcare and Family |
16 |
| Services.
|
17 |
| (b) Local Governmental Distributive Fund.
|
18 |
| Beginning August 1, 1969, and continuing through June 30, |
19 |
| 1994, the Treasurer
shall transfer each month from the General |
20 |
| Revenue Fund to a special fund in
the State treasury, to be |
21 |
| known as the "Local Government Distributive Fund", an
amount |
22 |
| equal to 1/12 of the net revenue realized from the tax imposed |
23 |
| by
subsections (a) and (b) of Section 201 of this Act during |
24 |
| the preceding month.
Beginning July 1, 1994, and continuing |
25 |
| through June 30, 1995, the Treasurer
shall transfer each month |
26 |
| from the General Revenue Fund to the Local Government
|
|
|
|
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| Distributive Fund an amount equal to 1/11 of the net revenue |
2 |
| realized from the
tax imposed by subsections (a) and (b) of |
3 |
| Section 201 of this Act during the
preceding month. Beginning |
4 |
| July 1, 1995, the Treasurer shall transfer each
month from the |
5 |
| General Revenue Fund to the Local Government Distributive Fund
|
6 |
| an amount equal to the net of (i) 1/10 of the net revenue |
7 |
| realized from the
tax imposed by
subsections (a) and (b) of |
8 |
| Section 201 of the Illinois Income Tax Act during
the preceding |
9 |
| month
(ii) minus, beginning July 1, 2003 and ending June 30, |
10 |
| 2004, $6,666,666, and
beginning July 1,
2004,
zero. Net revenue |
11 |
| realized for a month shall be defined as the
revenue from the |
12 |
| tax imposed by subsections (a) and (b) of Section 201 of this
|
13 |
| Act which is deposited in the General Revenue Fund, the |
14 |
| Educational Assistance
Fund and the Income Tax Surcharge Local |
15 |
| Government Distributive Fund during the
month minus the amount |
16 |
| paid out of the General Revenue Fund in State warrants
during |
17 |
| that same month as refunds to taxpayers for overpayment of |
18 |
| liability
under the tax imposed by subsections (a) and (b) of |
19 |
| Section 201 of this Act.
|
20 |
| (c) Deposits Into Income Tax Refund Fund.
|
21 |
| (1) Beginning on January 1, 1989 and thereafter, the |
22 |
| Department shall
deposit a percentage of the amounts |
23 |
| collected pursuant to subsections (a)
and (b)(1), (2), and |
24 |
| (3), of Section 201 of this Act into a fund in the State
|
25 |
| treasury known as the Income Tax Refund Fund. The |
26 |
| Department shall deposit 6%
of such amounts during the |
|
|
|
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LRB095 05337 BDD 37338 a |
|
|
1 |
| period beginning January 1, 1989 and ending on June
30, |
2 |
| 1989. Beginning with State fiscal year 1990 and for each |
3 |
| fiscal year
thereafter, the percentage deposited into the |
4 |
| Income Tax Refund Fund during a
fiscal year shall be the |
5 |
| Annual Percentage. For fiscal years 1999 through
2001, the |
6 |
| Annual Percentage shall be 7.1%.
For fiscal year 2003, the |
7 |
| Annual Percentage shall be 8%.
For fiscal year 2004, the |
8 |
| Annual Percentage shall be 11.7%. Upon the effective date |
9 |
| of this amendatory Act of the 93rd General Assembly, the |
10 |
| Annual Percentage shall be 10% for fiscal year 2005. For |
11 |
| fiscal year 2006, the Annual Percentage shall be 9.75%. For |
12 |
| fiscal years
year 2007 and 2008 , the Annual Percentage |
13 |
| shall be 9.75%. For all other
fiscal years, the
Annual |
14 |
| Percentage shall be calculated as a fraction, the numerator |
15 |
| of which
shall be the amount of refunds approved for |
16 |
| payment by the Department during
the preceding fiscal year |
17 |
| as a result of overpayment of tax liability under
|
18 |
| subsections (a) and (b)(1), (2), and (3) of Section 201 of |
19 |
| this Act plus the
amount of such refunds remaining approved |
20 |
| but unpaid at the end of the
preceding fiscal year, minus |
21 |
| the amounts transferred into the Income Tax
Refund Fund |
22 |
| from the Tobacco Settlement Recovery Fund, and
the |
23 |
| denominator of which shall be the amounts which will be |
24 |
| collected pursuant
to subsections (a) and (b)(1), (2), and |
25 |
| (3) of Section 201 of this Act during
the preceding fiscal |
26 |
| year; except that in State fiscal year 2002, the Annual
|
|
|
|
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LRB095 05337 BDD 37338 a |
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|
1 |
| Percentage shall in no event exceed 7.6%. The Director of |
2 |
| Revenue shall
certify the Annual Percentage to the |
3 |
| Comptroller on the last business day of
the fiscal year |
4 |
| immediately preceding the fiscal year for which it is to be
|
5 |
| effective.
|
6 |
| (2) Beginning on January 1, 1989 and thereafter, the |
7 |
| Department shall
deposit a percentage of the amounts |
8 |
| collected pursuant to subsections (a)
and (b)(6), (7), and |
9 |
| (8), (c) and (d) of Section 201
of this Act into a fund in |
10 |
| the State treasury known as the Income Tax
Refund Fund. The |
11 |
| Department shall deposit 18% of such amounts during the
|
12 |
| period beginning January 1, 1989 and ending on June 30, |
13 |
| 1989. Beginning
with State fiscal year 1990 and for each |
14 |
| fiscal year thereafter, the
percentage deposited into the |
15 |
| Income Tax Refund Fund during a fiscal year
shall be the |
16 |
| Annual Percentage. For fiscal years 1999, 2000, and 2001, |
17 |
| the
Annual Percentage shall be 19%.
For fiscal year 2003, |
18 |
| the Annual Percentage shall be 27%. For fiscal year
2004, |
19 |
| the Annual Percentage shall be 32%.
Upon the effective date |
20 |
| of this amendatory Act of the 93rd General Assembly, the |
21 |
| Annual Percentage shall be 24% for fiscal year 2005.
For |
22 |
| fiscal year 2006, the Annual Percentage shall be 20%. For |
23 |
| fiscal years
year 2007 and 2008 , the Annual Percentage |
24 |
| shall be 17.5%. For all other fiscal years, the Annual
|
25 |
| Percentage shall be calculated
as a fraction, the numerator |
26 |
| of which shall be the amount of refunds
approved for |
|
|
|
09500SB0182ham001 |
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|
|
1 |
| payment by the Department during the preceding fiscal year |
2 |
| as
a result of overpayment of tax liability under |
3 |
| subsections (a) and (b)(6),
(7), and (8), (c) and (d) of |
4 |
| Section 201 of this Act plus the
amount of such refunds |
5 |
| remaining approved but unpaid at the end of the
preceding |
6 |
| fiscal year, and the denominator of
which shall be the |
7 |
| amounts which will be collected pursuant to subsections (a)
|
8 |
| and (b)(6), (7), and (8), (c) and (d) of Section 201 of |
9 |
| this Act during the
preceding fiscal year; except that in |
10 |
| State fiscal year 2002, the Annual
Percentage shall in no |
11 |
| event exceed 23%. The Director of Revenue shall
certify the |
12 |
| Annual Percentage to the Comptroller on the last business |
13 |
| day of
the fiscal year immediately preceding the fiscal |
14 |
| year for which it is to be
effective.
|
15 |
| (3) The Comptroller shall order transferred and the |
16 |
| Treasurer shall
transfer from the Tobacco Settlement |
17 |
| Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 |
18 |
| in January, 2001, (ii) $35,000,000 in January, 2002, and
|
19 |
| (iii) $35,000,000 in January, 2003.
|
20 |
| (d) Expenditures from Income Tax Refund Fund.
|
21 |
| (1) Beginning January 1, 1989, money in the Income Tax |
22 |
| Refund Fund
shall be expended exclusively for the purpose |
23 |
| of paying refunds resulting
from overpayment of tax |
24 |
| liability under Section 201 of this Act, for paying
rebates |
25 |
| under Section 208.1 in the event that the amounts in the |
26 |
| Homeowners'
Tax Relief Fund are insufficient for that |
|
|
|
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|
|
1 |
| purpose,
and for
making transfers pursuant to this |
2 |
| subsection (d).
|
3 |
| (2) The Director shall order payment of refunds |
4 |
| resulting from
overpayment of tax liability under Section |
5 |
| 201 of this Act from the
Income Tax Refund Fund only to the |
6 |
| extent that amounts collected pursuant
to Section 201 of |
7 |
| this Act and transfers pursuant to this subsection (d)
and |
8 |
| item (3) of subsection (c) have been deposited and retained |
9 |
| in the
Fund.
|
10 |
| (3) As soon as possible after the end of each fiscal |
11 |
| year, the Director
shall
order transferred and the State |
12 |
| Treasurer and State Comptroller shall
transfer from the |
13 |
| Income Tax Refund Fund to the Personal Property Tax
|
14 |
| Replacement Fund an amount, certified by the Director to |
15 |
| the Comptroller,
equal to the excess of the amount |
16 |
| collected pursuant to subsections (c) and
(d) of Section |
17 |
| 201 of this Act deposited into the Income Tax Refund Fund
|
18 |
| during the fiscal year over the amount of refunds resulting |
19 |
| from
overpayment of tax liability under subsections (c) and |
20 |
| (d) of Section 201
of this Act paid from the Income Tax |
21 |
| Refund Fund during the fiscal year.
|
22 |
| (4) As soon as possible after the end of each fiscal |
23 |
| year, the Director shall
order transferred and the State |
24 |
| Treasurer and State Comptroller shall
transfer from the |
25 |
| Personal Property Tax Replacement Fund to the Income Tax
|
26 |
| Refund Fund an amount, certified by the Director to the |
|
|
|
09500SB0182ham001 |
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|
|
1 |
| Comptroller, equal
to the excess of the amount of refunds |
2 |
| resulting from overpayment of tax
liability under |
3 |
| subsections (c) and (d) of Section 201 of this Act paid
|
4 |
| from the Income Tax Refund Fund during the fiscal year over |
5 |
| the amount
collected pursuant to subsections (c) and (d) of |
6 |
| Section 201 of this Act
deposited into the Income Tax |
7 |
| Refund Fund during the fiscal year.
|
8 |
| (4.5) As soon as possible after the end of fiscal year |
9 |
| 1999 and of each
fiscal year
thereafter, the Director shall |
10 |
| order transferred and the State Treasurer and
State |
11 |
| Comptroller shall transfer from the Income Tax Refund Fund |
12 |
| to the General
Revenue Fund any surplus remaining in the |
13 |
| Income Tax Refund Fund as of the end
of such fiscal year; |
14 |
| excluding for fiscal years 2000, 2001, and 2002
amounts |
15 |
| attributable to transfers under item (3) of subsection (c) |
16 |
| less refunds
resulting from the earned income tax credit.
|
17 |
| (5) This Act shall constitute an irrevocable and |
18 |
| continuing
appropriation from the Income Tax Refund Fund |
19 |
| for the purpose of paying
refunds upon the order of the |
20 |
| Director in accordance with the provisions of
this Section.
|
21 |
| (e) Deposits into the Education Assistance Fund and the |
22 |
| Income Tax
Surcharge Local Government Distributive Fund.
|
23 |
| On July 1, 1991, and thereafter, of the amounts collected |
24 |
| pursuant to
subsections (a) and (b) of Section 201 of this Act, |
25 |
| minus deposits into the
Income Tax Refund Fund, the Department |
26 |
| shall deposit 7.3% into the
Education Assistance Fund in the |
|
|
|
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|
|
1 |
| State Treasury. Beginning July 1, 1991,
and continuing through |
2 |
| January 31, 1993, of the amounts collected pursuant to
|
3 |
| subsections (a) and (b) of Section 201 of the Illinois Income |
4 |
| Tax Act, minus
deposits into the Income Tax Refund Fund, the |
5 |
| Department shall deposit 3.0%
into the Income Tax Surcharge |
6 |
| Local Government Distributive Fund in the State
Treasury. |
7 |
| Beginning February 1, 1993 and continuing through June 30, |
8 |
| 1993, of
the amounts collected pursuant to subsections (a) and |
9 |
| (b) of Section 201 of the
Illinois Income Tax Act, minus |
10 |
| deposits into the Income Tax Refund Fund, the
Department shall |
11 |
| deposit 4.4% into the Income Tax Surcharge Local Government
|
12 |
| Distributive Fund in the State Treasury. Beginning July 1, |
13 |
| 1993, and
continuing through June 30, 1994, of the amounts |
14 |
| collected under subsections
(a) and (b) of Section 201 of this |
15 |
| Act, minus deposits into the Income Tax
Refund Fund, the |
16 |
| Department shall deposit 1.475% into the Income Tax Surcharge
|
17 |
| Local Government Distributive Fund in the State Treasury.
|
18 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, |
19 |
| eff. 7-1-05; 94-839, eff. 6-6-06.)
|
20 |
| Section 5-20. The Film Production Services Tax Credit Act |
21 |
| is amended by changing Section 90 as follows:
|
22 |
| (35 ILCS 15/90)
|
23 |
| (Section scheduled to be repealed on January 1, 2008)
|
24 |
| Sec. 90. Repeal. This Act is repealed on January 1, 2009
|
|
|
|
09500SB0182ham001 |
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|
|
1 |
| 2008 .
|
2 |
| (Source: P.A. 93-543, eff. 1-1-04; 93-840, eff. 7-30-04; |
3 |
| 94-171, eff. 7-11-05; 94-817, eff. 5-30-06.)
|
4 |
| Section 5-25. The Illinois Public Aid Code is amended by |
5 |
| changing Section 5A-8 as follows: |
6 |
| (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
|
7 |
| Sec. 5A-8. Hospital Provider Fund.
|
8 |
| (a) There is created in the State Treasury the Hospital |
9 |
| Provider Fund.
Interest earned by the Fund shall be credited to |
10 |
| the Fund. The
Fund shall not be used to replace any moneys |
11 |
| appropriated to the
Medicaid program by the General Assembly.
|
12 |
| (b) The Fund is created for the purpose of receiving moneys
|
13 |
| in accordance with Section 5A-6 and disbursing moneys only for |
14 |
| the following
purposes, notwithstanding any other provision of |
15 |
| law:
|
16 |
| (1) For making payments to hospitals as required under |
17 |
| Articles V, VI,
and XIV of this Code and
under the |
18 |
| Children's Health Insurance Program Act.
|
19 |
| (2) For the reimbursement of moneys collected by the
|
20 |
| Illinois Department from hospitals or hospital providers |
21 |
| through error or
mistake in performing the
activities |
22 |
| authorized under this Article and Article V of this Code.
|
23 |
| (3) For payment of administrative expenses incurred by |
24 |
| the
Illinois Department or its agent in performing the |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| activities
authorized by this Article.
|
2 |
| (4) For payments of any amounts which are reimbursable |
3 |
| to
the federal government for payments from this Fund which |
4 |
| are
required to be paid by State warrant.
|
5 |
| (5) For making transfers, as those transfers are |
6 |
| authorized
in the proceedings authorizing debt under the |
7 |
| Short Term Borrowing Act,
but transfers made under this |
8 |
| paragraph (5) shall not exceed the
principal amount of debt |
9 |
| issued in anticipation of the receipt by
the State of |
10 |
| moneys to be deposited into the Fund.
|
11 |
| (6) For making transfers to any other fund in the State |
12 |
| treasury, but
transfers made under this paragraph (6) shall |
13 |
| not exceed the amount transferred
previously from that |
14 |
| other fund into the Hospital Provider Fund.
|
15 |
| (7) For State fiscal years 2004 and 2005 for making |
16 |
| transfers to the Health and Human Services
Medicaid Trust |
17 |
| Fund, including 20% of the moneys received from
hospital |
18 |
| providers under Section 5A-4 and transferred into the |
19 |
| Hospital
Provider
Fund under Section 5A-6. For State fiscal |
20 |
| year 2006 for making transfers to the Health and Human |
21 |
| Services Medicaid Trust Fund of up to $130,000,000 per year |
22 |
| of the moneys received from hospital providers under |
23 |
| Section 5A-4 and transferred into the Hospital Provider |
24 |
| Fund under Section 5A-6. Transfers under this paragraph |
25 |
| shall be made within 7
days after the payments have been |
26 |
| received pursuant to the schedule of payments
provided in |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| subsection (a) of Section 5A-4.
|
2 |
| (7.5) For State fiscal years 2007 and 2008 for making
|
3 |
| transfers of the moneys received from hospital providers |
4 |
| under Section 5A-4 and transferred into the Hospital |
5 |
| Provider Fund under Section 5A-6 to the designated funds |
6 |
| not exceeding the following amounts in aggregate during |
7 |
| that period of time
in any State fiscal year : |
8 |
| Health and Human Services |
9 |
| Medicaid Trust Fund .............
$60,000,000
$20,000,000 |
10 |
| Long-Term Care Provider Fund .....
$90,000,000
$30,000,000 |
11 |
| General Revenue Fund ...........
$240,000,000
$80,000,000 . |
12 |
| Transfers under this paragraph shall be made within 7 |
13 |
| days after the payments have been received pursuant to the |
14 |
| schedule of payments provided in subsection (a) of Section |
15 |
| 5A-4.
|
16 |
| (8) For making refunds to hospital providers pursuant |
17 |
| to Section 5A-10.
|
18 |
| Disbursements from the Fund, other than transfers |
19 |
| authorized under
paragraphs (5) and (6) of this subsection, |
20 |
| shall be by
warrants drawn by the State Comptroller upon |
21 |
| receipt of vouchers
duly executed and certified by the Illinois |
22 |
| Department.
|
23 |
| (c) The Fund shall consist of the following:
|
24 |
| (1) All moneys collected or received by the Illinois
|
25 |
| Department from the hospital provider assessment imposed |
26 |
| by this
Article.
|
|
|
|
09500SB0182ham001 |
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|
|
1 |
| (2) All federal matching funds received by the Illinois
|
2 |
| Department as a result of expenditures made by the Illinois
|
3 |
| Department that are attributable to moneys deposited in the |
4 |
| Fund.
|
5 |
| (3) Any interest or penalty levied in conjunction with |
6 |
| the
administration of this Article.
|
7 |
| (4) Moneys transferred from another fund in the State |
8 |
| treasury.
|
9 |
| (5) All other moneys received for the Fund from any |
10 |
| other
source, including interest earned thereon.
|
11 |
| (d) (Blank).
|
12 |
| (Source: P.A. 93-659, eff. 2-3-04; 94-242, eff. 7-18-05; |
13 |
| 94-839, eff. 6-6-06.)
|
14 |
| Section 5-30. The Illinois Affordable Housing Act is |
15 |
| amended by changing Section 8 as follows:
|
16 |
| (310 ILCS 65/8) (from Ch. 67 1/2, par. 1258)
|
17 |
| Sec. 8. Uses of Trust Fund.
|
18 |
| (a) Subject to annual appropriation to
the Funding Agent |
19 |
| and subject to the prior dedication, allocation, transfer
and |
20 |
| use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and |
21 |
| 9 of this
Act, the Trust Fund may be used to make grants,
|
22 |
| mortgages, or
other loans to acquire, construct, rehabilitate, |
23 |
| develop, operate, insure,
and retain affordable single-family |
24 |
| and multi-family housing in this State
for low-income
and very |
|
|
|
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|
|
1 |
| low-income households. The majority of monies appropriated to |
2 |
| the
Trust Fund in any given year are to be used for affordable |
3 |
| housing for very
low-income households. For the fiscal years |
4 |
| 2007 and 2008
year beginning July 1, 2006 only, the Department |
5 |
| of Human Services is authorized to receive appropriations and |
6 |
| spend moneys from the Illinois Affordable Housing Trust Fund |
7 |
| for the purpose of developing and coordinating public and |
8 |
| private resources targeted to meet the affordable housing needs |
9 |
| of low-income, very low-income, and special needs households in |
10 |
| the State of Illinois.
|
11 |
| (b) For each fiscal year commencing with fiscal year 1994, |
12 |
| the Program
Administrator shall certify from time to time to |
13 |
| the Funding Agent, the
Comptroller and the State
Treasurer |
14 |
| amounts, up to an aggregate in any fiscal year of $10,000,000, |
15 |
| of
Trust Fund Moneys expected to be used or pledged by the |
16 |
| Program Administrator
during the fiscal year for the purposes |
17 |
| and uses specified in Sections 8(c) and
9 of this Act. Subject |
18 |
| to annual appropriation, upon receipt of such
certification, |
19 |
| the Funding Agent and the
Comptroller shall dedicate and the |
20 |
| State Treasurer shall transfer not less
often than monthly to |
21 |
| the Program Administrator or its designated payee,
without |
22 |
| requisition or further
request therefor, all amounts |
23 |
| accumulated in the Trust Fund within the State
Treasury and not |
24 |
| already transferred to the Loan Commitment Account prior to
the |
25 |
| Funding Agent's receipt of such certification, until the |
26 |
| Program
Administrator has received the aggregate amount |
|
|
|
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LRB095 05337 BDD 37338 a |
|
|
1 |
| certified by the Program
Administrator, to be used solely for |
2 |
| the purposes and uses authorized and
provided in Sections 8(c) |
3 |
| and 9 of this Act. Neither the Comptroller nor the
Treasurer |
4 |
| shall transfer, dedicate or allocate any of the Trust Fund |
5 |
| Moneys
transferred or certified for transfer by the Program |
6 |
| Administrator as provided
above to any other fund, nor shall |
7 |
| the Governor authorize any such transfer,
dedication or |
8 |
| allocation, nor shall any of the Trust Fund Moneys so |
9 |
| dedicated,
allocated or transferred be used, temporarily or |
10 |
| otherwise, for interfund
borrowing, or be otherwise used or |
11 |
| appropriated, except as expressly authorized
and provided in |
12 |
| Sections 8(c) and 9 of this Act for the purposes and subject to
|
13 |
| the priorities, limitations and conditions provided for |
14 |
| therein until such
obligations, uses and dedications as therein |
15 |
| provided, have been satisfied.
|
16 |
| (c) Notwithstanding Section 5(b) of this Act, any Trust |
17 |
| Fund Moneys
transferred to the Program Administrator pursuant |
18 |
| to Section 8(b) of this Act,
or otherwise obtained, paid to or |
19 |
| held by or for the Program Administrator, or
pledged pursuant |
20 |
| to resolution of the Program Administrator, for Affordable
|
21 |
| Housing Program Trust Fund Bonds or Notes under the Illinois |
22 |
| Housing
Development Act, and all proceeds, payments and |
23 |
| receipts from investments or
use of such moneys, including any |
24 |
| residual or additional funds or moneys
generated or obtained in |
25 |
| connection with any of the foregoing, may be held,
pledged, |
26 |
| applied or dedicated by the Program Administrator as follows:
|
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| (1) as required by the terms of any pledge of or |
2 |
| resolution of the Program
Administrator authorized under |
3 |
| Section 9 of this Act in connection with
Affordable Housing |
4 |
| Program Trust Fund Bonds or Notes issued pursuant to the
|
5 |
| Illinois Housing Development Act;
|
6 |
| (2) to or for costs of issuance and administration
and |
7 |
| the payments of any principal, interest, premium or other |
8 |
| amounts or
expenses incurred or accrued in connection with |
9 |
| Affordable Housing Program
Trust Fund Bonds or Notes, |
10 |
| including rate protection contracts and credit
support |
11 |
| arrangements pertaining thereto, and, provided such |
12 |
| expenses, fees and
charges are obligations, whether |
13 |
| recourse or nonrecourse, and whether financed
with or paid |
14 |
| from the proceeds of Affordable Housing Program Trust Fund |
15 |
| Bonds
or Notes, of the developers, mortgagors or other |
16 |
| users, the Program
Administrator's expenses and servicing, |
17 |
| administration and origination fees and
charges in |
18 |
| connection with any loans, mortgages, or developments |
19 |
| funded or
financed or expected to be funded or financed, in |
20 |
| whole or in part, from the
issuance of Affordable Housing |
21 |
| Program Trust Fund Bonds or Notes;
|
22 |
| (3) to or for costs of issuance and administration and |
23 |
| the payments of
principal, interest, premium, loan fees, |
24 |
| and other amounts or other obligations
of the Program |
25 |
| Administrator, including rate protection contracts and |
26 |
| credit
support arrangements pertaining thereto, for loans, |
|
|
|
09500SB0182ham001 |
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|
|
1 |
| commercial paper or other
notes or bonds issued by the |
2 |
| Program Administrator pursuant to the Illinois
Housing |
3 |
| Development Act, provided that the proceeds of such loans, |
4 |
| commercial
paper or other notes or bonds are paid or |
5 |
| expended in connection with, or
refund or repay, loans, |
6 |
| commercial paper or other notes or bonds issued or made
in |
7 |
| connection with bridge loans or loans for the construction, |
8 |
| renovation,
redevelopment, restructuring, reorganization |
9 |
| of Affordable Housing and related
expenses, including |
10 |
| development costs, technical assistance, or other amounts
|
11 |
| to construct, preserve, improve, renovate, rehabilitate, |
12 |
| refinance, or assist
Affordable Housing, including |
13 |
| financially troubled Affordable Housing,
permanent or |
14 |
| other financing for which has been funded or financed or is
|
15 |
| expected to be funded or financed in whole or in part by |
16 |
| the Program
Administrator through the issuance of or use of |
17 |
| proceeds from Affordable
Housing Program Trust Fund Bonds |
18 |
| or Notes;
|
19 |
| (4) to or for direct expenditures or reimbursement for |
20 |
| development costs,
technical assistance, or other amounts |
21 |
| to construct, preserve, improve,
renovate, rehabilitate, |
22 |
| refinance, or assist Affordable Housing, including
|
23 |
| financially troubled Affordable Housing, permanent or |
24 |
| other financing for which
has been funded or financed or is |
25 |
| expected to be funded or financed in whole or
in part by |
26 |
| the Program Administrator through the issuance of or use of |
|
|
|
09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
|
|
1 |
| proceeds
from Affordable Housing Program Trust Fund Bonds |
2 |
| or Notes; and
|
3 |
| (5) for deposit into any residual, sinking, reserve or |
4 |
| revolving fund or
pool established by the Program |
5 |
| Administrator, whether or not pledged to secure
Affordable |
6 |
| Housing Program Trust Fund Bonds or Notes, to support or be
|
7 |
| utilized for the
issuance, redemption, or payment of the |
8 |
| principal, interest, premium or other
amounts payable on or |
9 |
| with respect to any existing, additional or future
|
10 |
| Affordable Housing Program Trust Fund Bonds or Notes, or to |
11 |
| or for any other
expenditure authorized by this Section |
12 |
| 8(c).
|
13 |
| (d) All or a portion of the Trust Fund Moneys on
deposit or |
14 |
| to be
deposited in
the Trust Fund not already certified for |
15 |
| transfer or transferred to the
Program Administrator pursuant |
16 |
| to Section 8(b) of this Act may be used to
secure the repayment |
17 |
| of Affordable Housing Program Trust Fund Bonds or
Notes, or |
18 |
| otherwise to supplement or support Affordable Housing funded or
|
19 |
| financed
or
intended to be funded or financed, in whole or in |
20 |
| part, by Affordable Housing
Program Trust Fund Bonds or Notes.
|
21 |
| (e) Assisted housing may include housing for special needs
|
22 |
| populations
such as the homeless, single-parent families, the |
23 |
| elderly, or the
physically and mentally disabled. The Trust |
24 |
| Fund shall be used to
implement a demonstration congregate |
25 |
| housing project for any such special
needs population.
|
26 |
| (f) Grants from the Trust Fund may include, but are not |
|
|
|
09500SB0182ham001 |
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|
|
1 |
| limited
to,
rental assistance and security deposit subsidies |
2 |
| for low and very low-income
households.
|
3 |
| (g) The Trust Fund may be used to pay actual and reasonable
|
4 |
| costs for
Commission members to attend Commission meetings, and |
5 |
| any litigation costs
and expenses, including legal fees, |
6 |
| incurred by the Program Administrator
in any litigation related |
7 |
| to this Act or its action as Program
Administrator.
|
8 |
| (h) The Trust Fund may be used to make grants for (1) the
|
9 |
| provision of
technical assistance, (2) outreach, and (3) |
10 |
| building an organization's
capacity to develop affordable |
11 |
| housing projects.
|
12 |
| (i) Amounts on deposit in the Trust Fund may be used to |
13 |
| reimburse the
Program
Administrator and the Funding Agent for |
14 |
| costs incurred in the performance of
their duties under this |
15 |
| Act, excluding costs and fees of the Program
Administrator |
16 |
| associated with the Program Escrow to the extent withheld
|
17 |
| pursuant to paragraph (8) of subsection (b) of Section 5.
|
18 |
| (Source: P.A. 94-839, eff. 6-6-06.)
|
19 |
| Section 5-35. The Pretrial Services Act is amended by |
20 |
| changing Section 33 as follows:
|
21 |
| (725 ILCS 185/33) (from Ch. 38, par. 333)
|
22 |
| Sec. 33. The Supreme Court shall pay from funds |
23 |
| appropriated to it for this purpose
100% of all approved costs |
24 |
| for pretrial services, including pretrial
services officers, |
|
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|
1 |
| necessary support personnel, travel costs reasonably
related |
2 |
| to the delivery of pretrial services, space costs, equipment,
|
3 |
| telecommunications, postage, commodities, printing and |
4 |
| contractual
services. Costs shall be reimbursed monthly, based |
5 |
| on a plan and budget
approved by the Supreme Court. No
|
6 |
| department may be reimbursed for costs which exceed or are not |
7 |
| provided for
in the approved plan and budget.
For State fiscal |
8 |
| years 2004, 2005, and 2006, and 2007 , and 2008 only, the |
9 |
| Mandatory Arbitration Fund may be used
to
reimburse approved |
10 |
| costs for pretrial services.
|
11 |
| (Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, |
12 |
| eff. 7-1-05; 94-839, eff. 6-6-06; revised 8-3-06.)
|
13 |
| Section 5-40. The Probation and Probation Officers Act is |
14 |
| amended by changing Sections 15 and 15.1 as follows:
|
15 |
| (730 ILCS 110/15) (from Ch. 38, par. 204-7)
|
16 |
| Sec. 15. (1) The Supreme Court of Illinois may establish a |
17 |
| Division of
Probation Services whose purpose shall be the |
18 |
| development, establishment,
promulgation, and enforcement of |
19 |
| uniform standards for probation services in
this State, and to |
20 |
| otherwise carry out the intent of this Act. The Division
may:
|
21 |
| (a) establish qualifications for chief probation |
22 |
| officers and other
probation and court services personnel |
23 |
| as to hiring, promotion, and training.
|
24 |
| (b) make available, on a timely basis, lists of those |
|
|
|
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|
1 |
| applicants whose
qualifications meet the regulations |
2 |
| referred to herein, including on said
lists all candidates |
3 |
| found qualified.
|
4 |
| (c) establish a means of verifying the conditions for |
5 |
| reimbursement
under this Act and develop criteria for |
6 |
| approved costs for reimbursement.
|
7 |
| (d) develop standards and approve employee |
8 |
| compensation schedules for
probation and court services |
9 |
| departments.
|
10 |
| (e) employ sufficient personnel in the Division to |
11 |
| carry out the
functions of the Division.
|
12 |
| (f) establish a system of training and establish |
13 |
| standards for personnel
orientation and training.
|
14 |
| (g) develop standards for a system of record keeping |
15 |
| for cases and
programs, gather statistics, establish a |
16 |
| system of uniform forms, and
develop research for planning |
17 |
| of Probation
Services.
|
18 |
| (h) develop standards to assure adequate support |
19 |
| personnel, office
space, equipment and supplies, travel |
20 |
| expenses, and other essential items
necessary for |
21 |
| Probation and Court Services
Departments to carry out their
|
22 |
| duties.
|
23 |
| (i) review and approve annual plans submitted by
|
24 |
| Probation and Court
Services Departments.
|
25 |
| (j) monitor and evaluate all programs operated by
|
26 |
| Probation and Court
Services Departments, and may include |
|
|
|
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1 |
| in the program evaluation criteria
such factors as the |
2 |
| percentage of Probation sentences for felons convicted
of |
3 |
| Probationable offenses.
|
4 |
| (k) seek the cooperation of local and State government |
5 |
| and private
agencies to improve the quality of probation |
6 |
| and
court services.
|
7 |
| (l) where appropriate, establish programs and |
8 |
| corresponding standards
designed to generally improve the |
9 |
| quality of
probation and court services
and reduce the rate |
10 |
| of adult or juvenile offenders committed to the
Department |
11 |
| of Corrections.
|
12 |
| (m) establish such other standards and regulations and |
13 |
| do all acts
necessary to carry out the intent and purposes |
14 |
| of this Act.
|
15 |
| The Division shall establish a model list of structured |
16 |
| intermediate
sanctions that may be imposed by a probation |
17 |
| agency for violations of terms and
conditions of a sentence of |
18 |
| probation, conditional discharge, or supervision.
|
19 |
| The State of Illinois shall provide for the costs of |
20 |
| personnel, travel,
equipment, telecommunications, postage, |
21 |
| commodities, printing, space,
contractual services and other |
22 |
| related costs necessary to carry out the
intent of this Act.
|
23 |
| (2) (a) The chief judge of each circuit shall provide
|
24 |
| full-time probation services for all counties
within the |
25 |
| circuit, in a
manner consistent with the annual probation plan,
|
26 |
| the standards, policies,
and regulations established by the |
|
|
|
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|
1 |
| Supreme Court. A
probation district of
two or more counties |
2 |
| within a circuit may be created for the purposes of
providing |
3 |
| full-time probation services. Every
county or group of
counties |
4 |
| within a circuit shall maintain a
probation department which |
5 |
| shall
be under the authority of the Chief Judge of the circuit |
6 |
| or some other
judge designated by the Chief Judge. The Chief |
7 |
| Judge, through the
Probation and Court Services Department |
8 |
| shall
submit annual plans to the
Division for probation and |
9 |
| related services.
|
10 |
| (b) The Chief Judge of each circuit shall appoint the Chief
|
11 |
| Probation
Officer and all other probation officers for his
or |
12 |
| her circuit from lists
of qualified applicants supplied by the |
13 |
| Supreme Court. Candidates for chief
managing officer and other |
14 |
| probation officer
positions must apply with both
the Chief |
15 |
| Judge of the circuit and the Supreme Court.
|
16 |
| (3) A Probation and Court Service Department
shall apply to |
17 |
| the
Supreme Court for funds for basic services, and may apply |
18 |
| for funds for new
and expanded programs or Individualized |
19 |
| Services and Programs. Costs shall
be reimbursed monthly based |
20 |
| on a plan and budget approved by the Supreme
Court. No |
21 |
| Department may be reimbursed for costs which exceed or are not
|
22 |
| provided for in the approved annual plan and budget. After the |
23 |
| effective
date of this amendatory Act of 1985, each county must |
24 |
| provide basic
services in accordance with the annual plan and |
25 |
| standards created by the
division. No department may receive |
26 |
| funds for new or expanded programs or
individualized services |
|
|
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| and programs unless they are in compliance with
standards as |
2 |
| enumerated in paragraph (h) of subsection (1) of this Section,
|
3 |
| the annual plan, and standards for basic services.
|
4 |
| (4) The Division shall reimburse the county or counties for
|
5 |
| probation
services as follows:
|
6 |
| (a) 100% of the salary of all chief managing officers |
7 |
| designated as such
by the Chief Judge and the division.
|
8 |
| (b) 100% of the salary for all probation
officer and |
9 |
| supervisor
positions approved for reimbursement by the |
10 |
| division after April 1, 1984,
to meet workload standards |
11 |
| and to implement intensive sanction and
probation
|
12 |
| supervision
programs and other basic services as defined in |
13 |
| this Act.
|
14 |
| (c) 100% of the salary for all secure detention |
15 |
| personnel and non-secure
group home personnel approved for |
16 |
| reimbursement after December 1, 1990.
For all such |
17 |
| positions approved for reimbursement
before
December 1, |
18 |
| 1990, the counties shall be reimbursed $1,250 per month |
19 |
| beginning
July 1, 1995, and an additional $250 per month |
20 |
| beginning each July 1st
thereafter until the positions |
21 |
| receive 100% salary reimbursement.
Allocation of such |
22 |
| positions will be based on comparative need considering
|
23 |
| capacity, staff/resident ratio, physical plant and |
24 |
| program.
|
25 |
| (d) $1,000 per month for salaries for the remaining
|
26 |
| probation officer
positions engaged in basic services and |
|
|
|
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| new or expanded services. All such
positions shall be |
2 |
| approved by the division in accordance with this Act and
|
3 |
| division standards.
|
4 |
| (e) 100% of the travel expenses in accordance with |
5 |
| Division standards
for all Probation positions approved |
6 |
| under
paragraph (b) of subsection 4
of this Section.
|
7 |
| (f) If the amount of funds reimbursed to the county |
8 |
| under paragraphs
(a) through (e) of subsection 4 of this |
9 |
| Section on an annual basis is less
than the amount the |
10 |
| county had received during the 12 month period
immediately |
11 |
| prior to the effective date of this amendatory Act of 1985,
|
12 |
| then the Division shall reimburse the amount of the |
13 |
| difference to the
county. The effect of paragraph (b) of |
14 |
| subsection 7 of this Section shall
be considered in |
15 |
| implementing this supplemental reimbursement provision.
|
16 |
| (5) The Division shall provide funds beginning on April 1, |
17 |
| 1987 for the
counties to provide Individualized Services and |
18 |
| Programs as provided in
Section 16 of this Act.
|
19 |
| (6) A Probation and Court Services Department
in order to |
20 |
| be eligible
for the reimbursement must submit to the Supreme |
21 |
| Court an application
containing such information and in such a |
22 |
| form and by such dates as the
Supreme Court may require. |
23 |
| Departments to be eligible for funding must
satisfy the |
24 |
| following conditions:
|
25 |
| (a) The Department shall have on file with the Supreme
|
26 |
| Court an annual Probation plan for continuing,
improved, |
|
|
|
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|
1 |
| and
new Probation and Court Services Programs
approved by |
2 |
| the Supreme Court or its
designee. This plan shall indicate |
3 |
| the manner in which
Probation and Court
Services will be |
4 |
| delivered and improved, consistent with the minimum
|
5 |
| standards and regulations for Probation and Court
|
6 |
| Services, as established
by the Supreme Court. In counties |
7 |
| with more than one
Probation and Court
Services Department |
8 |
| eligible to receive funds, all Departments within that
|
9 |
| county must submit plans which are approved by the Supreme |
10 |
| Court.
|
11 |
| (b) The annual probation plan shall seek to
generally |
12 |
| improve the
quality of probation services and to reduce the
|
13 |
| commitment of adult offenders to the Department of |
14 |
| Corrections and to reduce the
commitment of juvenile |
15 |
| offenders to the Department of Juvenile Justice and shall |
16 |
| require, when
appropriate, coordination with the |
17 |
| Department of Corrections, the Department of Juvenile |
18 |
| Justice, and the
Department of Children and Family Services |
19 |
| in the development and use of
community resources, |
20 |
| information systems, case review and permanency
planning |
21 |
| systems to avoid the duplication of services.
|
22 |
| (c) The Department shall be in compliance with |
23 |
| standards developed by the
Supreme Court for basic, new and |
24 |
| expanded services, training, personnel
hiring and |
25 |
| promotion.
|
26 |
| (d) The Department shall in its annual plan indicate |
|
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| the manner in which
it will support the rights of crime |
2 |
| victims and in which manner it will
implement Article I, |
3 |
| Section 8.1 of the Illinois Constitution and in what
manner |
4 |
| it will coordinate crime victims' support services with |
5 |
| other criminal
justice agencies within its jurisdiction, |
6 |
| including but not limited to, the
State's Attorney, the |
7 |
| Sheriff and any municipal police department.
|
8 |
| (7) No statement shall be verified by the Supreme Court or |
9 |
| its
designee or vouchered by the Comptroller unless each of the |
10 |
| following
conditions have been met:
|
11 |
| (a) The probation officer is a full-time
employee |
12 |
| appointed by the Chief
Judge to provide probation services.
|
13 |
| (b) The probation officer, in order to be
eligible for |
14 |
| State
reimbursement, is receiving a salary of at least |
15 |
| $17,000 per year.
|
16 |
| (c) The probation officer is appointed or
was |
17 |
| reappointed in accordance
with minimum qualifications or |
18 |
| criteria established by the Supreme
Court; however, all |
19 |
| probation officers appointed
prior to January 1, 1978,
|
20 |
| shall be exempted from the minimum requirements |
21 |
| established by the Supreme
Court. Payments shall be made to |
22 |
| counties employing these exempted
probation officers as |
23 |
| long as they are employed
in the position held on the
|
24 |
| effective date of this amendatory Act of 1985. Promotions |
25 |
| shall be
governed by minimum qualifications established by |
26 |
| the Supreme Court.
|
|
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|
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| (d) The Department has an established compensation |
2 |
| schedule approved by
the Supreme Court. The compensation |
3 |
| schedule shall include salary ranges
with necessary |
4 |
| increments to compensate each employee. The increments
|
5 |
| shall, within the salary ranges, be based on such factors |
6 |
| as bona fide
occupational qualifications, performance, and |
7 |
| length of service. Each
position in the Department shall be |
8 |
| placed on the compensation schedule
according to job duties |
9 |
| and responsibilities of such position. The policy
and |
10 |
| procedures of the compensation schedule shall be made |
11 |
| available to each
employee.
|
12 |
| (8) In order to obtain full reimbursement of all approved |
13 |
| costs, each
Department must continue to employ at least the |
14 |
| same number of
probation
officers and probation managers as |
15 |
| were
authorized for employment for the
fiscal year which |
16 |
| includes January 1, 1985. This number shall be designated
as |
17 |
| the base amount of the Department. No positions approved by the |
18 |
| Division
under paragraph (b) of subsection 4 will be included |
19 |
| in the base amount.
In the event that the Department employs |
20 |
| fewer
Probation officers and
Probation managers than the base |
21 |
| amount for a
period of 90 days, funding
received by the |
22 |
| Department under subsection 4 of this
Section may be reduced on |
23 |
| a monthly basis by the amount of the current
salaries of any |
24 |
| positions below the base amount.
|
25 |
| (9) Before the 15th day of each month, the treasurer of any |
26 |
| county which
has a Probation and Court Services Department, or
|
|
|
|
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|
1 |
| the treasurer of the most
populous county, in the case of a |
2 |
| Probation or
Court Services Department
funded by more than one |
3 |
| county, shall submit an itemized statement of all
approved |
4 |
| costs incurred in the delivery of Basic
Probation and Court
|
5 |
| Services under this Act to the Supreme Court.
The treasurer may |
6 |
| also submit an itemized statement of all approved costs
|
7 |
| incurred in the delivery of new and expanded
Probation and |
8 |
| Court Services
as well as Individualized Services and Programs. |
9 |
| The Supreme Court or
its designee shall verify compliance with |
10 |
| this Section and shall examine
and audit the monthly statement |
11 |
| and, upon finding them to be correct, shall
forward them to the |
12 |
| Comptroller for payment to the county treasurer. In the
case of |
13 |
| payment to a treasurer of a county which is the most populous |
14 |
| of
counties sharing the salary and expenses of a
Probation and |
15 |
| Court Services
Department, the treasurer shall divide the money |
16 |
| between the counties in a
manner that reflects each county's |
17 |
| share of the cost incurred by the
Department.
|
18 |
| (10) The county treasurer must certify that funds received |
19 |
| under this
Section shall be used solely to maintain and improve
|
20 |
| Probation and Court
Services. The county or circuit shall |
21 |
| remain in compliance with all
standards, policies and |
22 |
| regulations established by the Supreme Court.
If at any time |
23 |
| the Supreme Court determines that a county or circuit is not
in |
24 |
| compliance, the Supreme Court shall immediately notify the |
25 |
| Chief Judge,
county board chairman and the Director of Court |
26 |
| Services Chief
Probation Officer. If after 90 days of written
|
|
|
|
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| notice the noncompliance
still exists, the Supreme Court shall |
2 |
| be required to reduce the amount of
monthly reimbursement by |
3 |
| 10%. An additional 10% reduction of monthly
reimbursement shall |
4 |
| occur for each consecutive month of noncompliance.
Except as |
5 |
| provided in subsection 5 of Section 15, funding to counties |
6 |
| shall
commence on April 1, 1986. Funds received under this Act |
7 |
| shall be used to
provide for Probation Department expenses
|
8 |
| including those required under
Section 13 of this Act. For |
9 |
| State fiscal years 2004, 2005, 2006, and 2007 , and 2008 only, |
10 |
| the Mandatory
Arbitration Fund may be used to provide for |
11 |
| Probation Department expenses,
including those required under |
12 |
| Section 13 of this Act.
|
13 |
| (11) The respective counties shall be responsible for |
14 |
| capital and space
costs, fringe benefits, clerical costs, |
15 |
| equipment, telecommunications,
postage, commodities and |
16 |
| printing.
|
17 |
| (12) For purposes of this Act only, probation officers |
18 |
| shall be
considered
peace officers. In the
exercise of their |
19 |
| official duties, probation
officers, sheriffs, and police
|
20 |
| officers may, anywhere within the State, arrest any probationer |
21 |
| who is in
violation of any of the conditions of his or her |
22 |
| probation, conditional
discharge, or supervision, and it shall |
23 |
| be the
duty of the officer making the arrest to take the |
24 |
| probationer
before the
Court having jurisdiction over the |
25 |
| probationer for further order.
|
26 |
| (Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; 93-839, |
|
|
|
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|
|
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| eff. 7-30-04; 94-91, eff. 7-1-05; 94-696, eff. 6-1-06; 94-839, |
2 |
| eff. 6-6-06.)
|
3 |
| (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1) |
4 |
| Sec. 15.1. Probation and Court Services Fund.
|
5 |
| (a) The county treasurer in each county shall establish a
|
6 |
| probation and court services fund consisting of fees collected |
7 |
| pursuant to
subsection (i) of Section 5-6-3 and subsection (i) |
8 |
| of Section 5-6-3.1
of the Unified Code of Corrections, |
9 |
| subsection (10) of Section 5-615
and
subsection (5) of Section |
10 |
| 5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of |
11 |
| subsection (b) of Section 110-10 of the Code of Criminal
|
12 |
| Procedure of 1963.
The
county treasurer shall disburse monies |
13 |
| from the fund only at the direction
of the chief judge of the |
14 |
| circuit court in such circuit where the county is
located. The |
15 |
| county treasurer of each county shall, on or before January
10 |
16 |
| of each year, submit an annual report to the Supreme Court.
|
17 |
| (b) Monies in the probation and court services fund shall |
18 |
| be
appropriated by the county board to be used within the |
19 |
| county or
jurisdiction where
collected in accordance
with |
20 |
| policies and guidelines approved by the Supreme Court for the |
21 |
| costs
of operating the probation and court services department |
22 |
| or departments;
however, except as provided in subparagraph |
23 |
| (g), monies
in the probation and court services fund shall not |
24 |
| be used for the payment
of salaries of probation and court |
25 |
| services personnel.
|
|
|
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|
1 |
| (c) Monies expended from the probation and court services |
2 |
| fund shall
be used to supplement, not supplant, county |
3 |
| appropriations for probation
and court services.
|
4 |
| (d) Interest earned on monies deposited in a probation and |
5 |
| court
services fund may be used by the county for its ordinary |
6 |
| and contingent
expenditures.
|
7 |
| (e) The county board may appropriate moneys from the |
8 |
| probation and court
services fund, upon the direction of the |
9 |
| chief judge, to support programs that
are part of the continuum |
10 |
| of juvenile delinquency intervention programs which
are or may |
11 |
| be developed within the county. The grants from the probation |
12 |
| and
court services fund shall be for no more than one year and |
13 |
| may be used for any
expenses attributable to the program |
14 |
| including administration and oversight of
the program by the |
15 |
| probation department.
|
16 |
| (f) The county board may appropriate moneys from the |
17 |
| probation and court
services fund, upon the direction of the |
18 |
| chief judge, to support practices
endorsed or required under |
19 |
| the Sex Offender Management Board Act, including but
not |
20 |
| limited to sex offender evaluation, treatment, and monitoring |
21 |
| programs that
are or may be developed within the county.
|
22 |
| (g) For the State Fiscal Years 2005, 2006, and 2007 , and |
23 |
| 2008
only, the Administrative Office of the Illinois Courts may |
24 |
| permit a county or circuit to use its probation and court |
25 |
| services fund for the payment of salaries of probation officers |
26 |
| and other court services personnel whose salaries are |
|
|
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1 |
| reimbursed under this Act if the State's FY2005, FY2006, or |
2 |
| FY2007 , or FY 2008 appropriation to the Supreme Court for |
3 |
| reimbursement to counties for probation salaries and services |
4 |
| is less than the amount appropriated to the Supreme Court for |
5 |
| these
purposes for State Fiscal Year 2004. The Administrative |
6 |
| Office of the Illinois Courts shall take into account each |
7 |
| county's or circuit's probation fee collections and |
8 |
| expenditures when apportioning the total reimbursement for |
9 |
| each county or circuit.
|
10 |
| (Source: P.A. 93-616, eff. 1-1-04; 93-839, eff. 7-30-04; 94-91, |
11 |
| eff. 7-1-05; 94-839, eff. 6-6-06.)
|
12 |
| Section 5-45. The Code of Civil Procedure is amended by |
13 |
| changing Section 2-1009A as follows:
|
14 |
| (735 ILCS 5/2-1009A) (from Ch. 110, par. 2-1009A)
|
15 |
| Sec. 2-1009A. Filing Fees. In each county authorized by the |
16 |
| Supreme
Court to utilize mandatory arbitration, the clerk of |
17 |
| the
circuit court shall charge and collect, in addition to any |
18 |
| other fees, an
arbitration fee of $8, except in counties with |
19 |
| 3,000,000 or more inhabitants
the fee shall be $10, at the time |
20 |
| of filing the first pleading, paper
or
other appearance filed |
21 |
| by each party in all civil cases, but no additional
fee shall |
22 |
| be required if more than one party is represented in a single
|
23 |
| pleading, paper or other appearance. Arbitration fees received |
24 |
| by the
clerk of the circuit court pursuant to this Section |
|
|
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09500SB0182ham001 |
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LRB095 05337 BDD 37338 a |
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| shall be remitted within
one month after receipt to the State |
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| Treasurer for deposit into the
Mandatory Arbitration Fund, a |
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| special fund in the State treasury for the
purpose of funding |
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| mandatory arbitration programs and such other alternative
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| dispute resolution programs as may be authorized by circuit |
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| court rule for
operation in counties that have implemented |
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| mandatory arbitration, with a
separate account
being |
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| maintained for each county.
Notwithstanding any other |
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| provision of this Section to the contrary, and for
State fiscal
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| years 2004, 2005, 2006, and 2007 , and 2008 only, the Mandatory |
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| Arbitration Fund may be used
for any
other purpose authorized |
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| by the Supreme Court.
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| (Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, |
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| eff. 7-1-05; 94-839, eff. 6-6-06.)
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| ARTICLE 99. EFFECTIVE DATE
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| Section 99-99. Effective date. This Act takes effect upon |
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| becoming law.".
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