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HB1243 Engrossed |
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LRB095 10262 RCE 30477 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing |
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| Section 8h as follows: |
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. |
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| (a) Except as otherwise provided in this Section and |
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| Section 8n of this Act, and (c), (d), or (e),
notwithstanding |
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| any other
State law to the contrary, the Governor
may, through |
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| June 30, 2007, from time to time direct the State Treasurer and |
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| Comptroller to transfer
a specified sum from any fund held by |
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| the State Treasurer to the General
Revenue Fund in order to |
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| help defray the State's operating costs for the
fiscal year. |
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| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the |
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| revenues to be deposited
into the fund during that fiscal year |
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| or (ii) an amount that leaves a remaining fund balance of 25% |
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| of the July 1 fund balance of that fiscal year. In fiscal year |
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| 2005 only, prior to calculating the July 1, 2004 final |
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| balances, the Governor may calculate and direct the State |
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| Treasurer with the Comptroller to transfer additional amounts |
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| determined by applying the formula authorized in Public Act |
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HB1243 Engrossed |
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LRB095 10262 RCE 30477 b |
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| 93-839 to the funds balances on July 1, 2003.
No transfer may |
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| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an |
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| amount less than
the amount remaining unexpended and unreserved |
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| from the total appropriation
from that fund estimated to be |
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| expended for that fiscal year. This Section does not apply to |
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| any
funds that are restricted by federal law to a specific use, |
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| to any funds in
the Motor Fuel Tax Fund, the Intercity |
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| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid |
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| Provider Relief Fund, the Teacher Health Insurance Security |
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| Fund, the Reviewing Court Alternative Dispute Resolution Fund, |
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| the Voters' Guide Fund, the Foreign Language Interpreter Fund, |
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| the Lawyers' Assistance Program Fund, the Supreme Court Federal |
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| Projects Fund, the Supreme Court Special State Projects Fund, |
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| the Supplemental Low-Income Energy Assistance Fund, the Good |
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| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste |
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| Facility Development and Operation Fund, the Horse Racing |
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| Equity Trust Fund, or the Hospital Basic Services Preservation |
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| Fund, or to any
funds to which subsection (f) of Section 20-40 |
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| of the Nursing and Advanced Practice Nursing Act applies. No |
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| transfers may be made under this Section from the Pet |
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| Population Control Fund. Notwithstanding any
other provision |
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| of this Section, for fiscal year 2004,
the total transfer under |
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| this Section from the Road Fund or the State
Construction |
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| Account Fund shall not exceed the lesser of (i) 5% of the |
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| revenues to be deposited
into the fund during that fiscal year |
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HB1243 Engrossed |
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LRB095 10262 RCE 30477 b |
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| or (ii) 25% of the beginning balance in the fund.
For fiscal |
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| year 2005 through fiscal year 2007, no amounts may be |
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| transferred under this Section from the Road Fund, the State |
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| Construction Account Fund, the Criminal Justice Information |
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| Systems Trust Fund, the Wireless Service Emergency Fund, or the |
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| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the |
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| Governor
may include receipts, transfers into the fund, and |
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| other
resources anticipated to be available in the fund in that |
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| fiscal year.
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| The State Treasurer and Comptroller shall transfer the |
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| amounts designated
under this Section as soon as may be |
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| practicable after receiving the direction
to transfer from the |
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| Governor.
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| (a-5) Transfers directed to be made under this Section on |
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| or before February 28, 2006 that are still pending on May 19, |
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| 2006 ( the effective date of Public Act 94-774)
this amendatory |
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| Act of the 94th General Assembly shall be redirected as |
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| provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The |
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| Cure Fund; (ii) any fund established under the Community Senior |
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| Services and Resources Act; or (iii) on or after January 1, |
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| 2006 (the effective date of Public Act 94-511), the Child Labor |
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| and Day and Temporary Labor Enforcement Fund. |
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| (c) This Section does not apply to the Demutualization |
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| Trust Fund established under the Uniform Disposition of |
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HB1243 Engrossed |
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LRB095 10262 RCE 30477 b |
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| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the |
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| Illinois State Podiatric Disciplinary Fund for podiatric |
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| scholarships and residency programs under the Podiatric |
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| Scholarship and Residency Act. |
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| (e) Subsection (a) does not apply to, and no transfer may |
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| be made under this Section from, the Pension Stabilization |
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| Fund. |
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| (f) This Section does not apply to the Domestic Violence |
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| Shelter and Service Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, |
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| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; |
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| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. |
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| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. |
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| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, |
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| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; |
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| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. |
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| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, |
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| eff. 6-6-06; revised 6-19-06.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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