Full Text of HB3157 94th General Assembly
HB3157ham002 94TH GENERAL ASSEMBLY
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Rep. Ron Stephens
Filed: 4/12/2005
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09400HB3157ham002 |
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LRB094 07825 RAS 45058 a |
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| AMENDMENT TO HOUSE BILL 3157
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| AMENDMENT NO. ______. Amend House Bill 3157 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Drug | 5 |
| Test Sample Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Department" means the Department of Public Health. | 8 |
| "Scheduled drug" means a drug scheduled under the Illinois | 9 |
| Controlled Substances Act. | 10 |
| Section 10. Drug test samples; per-test fee. If and only if | 11 |
| House Bill 3513 of the 94th General Assembly or House Bill 2446 | 12 |
| of the 94th General Assembly becomes law, the Department of | 13 |
| Public Health shall impose and collect an $8 fee upon urine, | 14 |
| hair, skin, cells, or bodily secretions or substances submitted | 15 |
| within the State for testing conducted to detect the presence | 16 |
| of any scheduled drug. This fee shall be imposed upon samples | 17 |
| that are physically tested outside of the State for the purpose | 18 |
| of detecting any scheduled drug if the sample was taken within | 19 |
| the State. | 20 |
| Section 15. Use of funds. Each entity performing tests for | 21 |
| scheduled drugs shall report to the Department the number of | 22 |
| samples submitted within the State and, pursuant to Section 10 |
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| of this Act, shall submit the collected fee for each sample to | 2 |
| the Department. The Methamphetamine Treatment Fund and the | 3 |
| Autism Community-Based Residential Services Fund are created | 4 |
| as special funds in the State treasury. The Department shall | 5 |
| deposit two-thirds of the moneys collected from the fee into | 6 |
| the Methamphetamine Treatment Fund. Private donations and | 7 |
| grants from foundations may also be deposited into the | 8 |
| Methamphetamine Treatment Fund. If and only if House Bill 3513 | 9 |
| of the 94th General Assembly becomes law, moneys in the | 10 |
| Methamphetamine Treatment Fund shall be used, subject to | 11 |
| appropriation, by the Department of Human Services to fund | 12 |
| grants to providers of services for methamphetamine addicts and | 13 |
| community outreach and education programs established under | 14 |
| the Alcoholism and Other Drug Abuse and Dependency Act. The | 15 |
| Department shall deposit one-third of the moneys collected from | 16 |
| the fee into the Autism Community-Based Residential Services | 17 |
| Fund. Private donations and grants from foundations may also be | 18 |
| deposited into the Autism Community-Based Residential Services | 19 |
| Fund. If and only if House Bill 2446 of the 94th General | 20 |
| Assembly becomes law, moneys in the Autism Community-Based | 21 |
| Residential Services Fund shall be used, subject to | 22 |
| appropriation, by the Department of Human Services to fund the | 23 |
| pilot program to provide community-based residential services | 24 |
| to individuals with severe autism who are 21 years of age or | 25 |
| older established under the Developmental Disability and | 26 |
| Mental Disability Services Act.
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| Section 20. Rulemaking. The Department shall adopt any | 28 |
| rules necessary for the implementation and administration of | 29 |
| this Act. | 30 |
| Section 90. The State Finance Act is amended by adding | 31 |
| Sections 5.640 and 5.641 and by changing Section 8h as follows: |
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| (30 ILCS 105/5.640 new)
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| Sec. 5.640. The Methamphetamine Treatment Fund. | 3 |
| (30 ILCS 105/5.641 new)
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| Sec. 5.641. The Autism Community-Based Residential | 5 |
| Services Fund. | 6 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 8 |
| (a) Except as provided in subsection (b), notwithstanding | 9 |
| any other
State law to the contrary, the Governor
may, through | 10 |
| June 30, 2007, from time to time direct the State Treasurer and | 11 |
| Comptroller to transfer
a specified sum from any fund held by | 12 |
| the State Treasurer to the General
Revenue Fund in order to | 13 |
| help defray the State's operating costs for the
fiscal year. | 14 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 16 |
| revenues to be deposited
into the fund during that fiscal year | 17 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 18 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 19 |
| 2005 only, prior to calculating the July 1, 2004 final | 20 |
| balances, the Governor may calculate and direct the State | 21 |
| Treasurer with the Comptroller to transfer additional amounts | 22 |
| determined by applying the formula authorized in Public Act | 23 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 24 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 26 |
| amount less than
the amount remaining unexpended and unreserved | 27 |
| from the total appropriation
from that fund estimated to be | 28 |
| expended for that fiscal year. This Section does not apply to | 29 |
| any
funds that are restricted by federal law to a specific use, | 30 |
| to any funds in
the Motor Fuel Tax Fund, the Hospital Provider | 31 |
| Fund, the Medicaid Provider Relief Fund, the Methamphetamine | 32 |
| Treatment Fund, the Autism Community-Based Residential |
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| Services Fund, or the Reviewing Court Alternative Dispute | 2 |
| Resolution Fund, or to any
funds to which subsection (f) of | 3 |
| Section 20-40 of the Nursing and Advanced Practice Nursing Act | 4 |
| applies. Notwithstanding any
other provision of this Section, | 5 |
| for fiscal year 2004,
the total transfer under this Section | 6 |
| from the Road Fund or the State
Construction Account Fund shall | 7 |
| not exceed the lesser of (i) 5% of the revenues to be deposited
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| into the fund during that fiscal year or (ii) 25% of the | 9 |
| beginning balance in the fund.
For fiscal year 2005 through | 10 |
| fiscal year 2007, no amounts may be transferred under this | 11 |
| Section from the Road Fund, the State Construction Account | 12 |
| Fund, the Criminal Justice Information Systems Trust Fund, the | 13 |
| Wireless Service Emergency Fund, or the Mandatory Arbitration | 14 |
| Fund.
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| In determining the available balance in a fund, the | 16 |
| Governor
may include receipts, transfers into the fund, and | 17 |
| other
resources anticipated to be available in the fund in that | 18 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 20 |
| amounts designated
under this Section as soon as may be | 21 |
| practicable after receiving the direction
to transfer from the | 22 |
| Governor.
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| (b) This Section does not apply to any fund established | 24 |
| under the Community Senior Services and Resources Act.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 26 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 27 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 28 |
| 1-15-05.)
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| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.".
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