HB5376 103RD GENERAL ASSEMBLY

LRB103 39492 JDS 69688 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5376

Introduced 2/9/2024, by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

30 ILCS 105/6z-51

Amends the State Finance Act. Authorizes moneys to be appropriated from the Budget Stabilization Fund in the following specified circumstances. Provides that, if the Governor exercises powers under the Illinois Emergency Management Agency Act, the public health laws of the State, or the Illinois Constitution to declare a disaster or emergency resulting from a catastrophic event that necessitates government action to protect life or public safety, then, for that fiscal year, moneys may, by a favorable vote of a majority of the members elected to each house of the General Assembly, be appropriated from the Budget Stabilization Fund under separate legislation that describes the nature of the disaster or emergency and contains an appropriation limited to the purposes described in the Governor's disaster declaration or executive order. Provides that, if the employment growth forecast for any fiscal year is estimated to be less than 1%, then, for that fiscal year, moneys may be withdrawn and appropriated from the Budget Stabilization Fund by the favorable vote of a majority of the members elected to each house of the General Assembly. Provides that any amount may be withdrawn and appropriated from the Budget Stabilization Fund at any time by the favorable vote of at least three-fifths of the members of each house of the General Assembly. Effective immediately.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by changing Section 6z-51 as follows:

(30 ILCS 105/6z-51)

Sec. 6z-51. Budget Stabilization Fund.

(a) The Budget Stabilization Fund, a special fund in the State Treasury, shall consist of moneys appropriated or transferred to that Fund, as provided in Section 6z-43 and as otherwise provided by law. All earnings on Budget Stabilization Fund investments shall be deposited into that Fund.

(b) Following the affirmative vote of a simple majority of the members of each house of the General Assembly, the The State Comptroller may direct the State Treasurer to transfer moneys from the Budget Stabilization Fund to the General Revenue Fund in order to meet cash flow deficits resulting from timing variations between disbursements and the receipt of funds within a fiscal year. Any moneys so borrowed in any fiscal year other than Fiscal Year 2011 shall be repaid by June 30 of the fiscal year in which they were borrowed. Any moneys so borrowed in Fiscal Year 2011 shall be repaid no later than July 15, 2011.

(b-5) In addition to the transfer of moneys otherwise authorized under this Section, moneys may also be appropriated from the Budget Stabilization Fund as follows:

(1) If the Governor exercises powers under the Illinois Emergency Management Agency Act, the public health laws of the State, or the Illinois Constitution to declare a disaster or emergency resulting from a catastrophic event that necessitates government action to protect life or public safety, then for that fiscal year moneys may, by a favorable vote of a majority of the members elected to each house of the General Assembly, be appropriated from the Budget Stabilization Fund under separate legislation that describes the nature of the disaster or emergency and contains an appropriation limited to the purposes described in the Governor's disaster declaration or executive order.

(2) If the employment growth forecast for any fiscal year is estimated to be less than 1%, then for that fiscal year moneys may be appropriated from the Budget Stabilization Fund by the favorable vote of a majority of the members elected to each house of the General Assembly.

(3) Any amount may be appropriated from the Budget Stabilization Fund at any time by the favorable vote of at least three-fifths of the members of each house of the General Assembly.

(c) (Blank). During Fiscal Year 2017 only, amounts may be expended from the Budget Stabilization Fund only pursuant to specific authorization by appropriation. Any moneys expended pursuant to appropriation shall not be subject to repayment.

(d) (Blank). For Fiscal Years 2020 through 2022, any transfers into the Fund pursuant to the Cannabis Regulation and Tax Act may be transferred to the General Revenue Fund in order for the Comptroller to address outstanding vouchers and shall not be subject to repayment back into the Budget Stabilization Fund.

(e) Beginning July 1, 2023, on the first day of each month, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer $3,750,000 from the General Revenue Fund to the Budget Stabilization Fund.

(Source: P.A. 101-10, eff. 6-5-19; 102-699, eff. 4-19-22.)

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