Full Text of SB1828 94th General Assembly
SB1828sam002 94TH GENERAL ASSEMBLY
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Sen. Dale A. Righter
Filed: 4/12/2005
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| AMENDMENT TO SENATE BILL 1828
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| AMENDMENT NO. ______. Amend Senate Bill 1828 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 | 5 |
| Pharmacy Benefit Manager and Solvency Protection Act. | 6 |
| Section 5. Purpose; intent. The purpose of this Act is to | 7 |
| establish standards and criteria for the regulation, solvency, | 8 |
| and certification of pharmacy benefit managers. This Act is | 9 |
| designed to promote, preserve, and protect the public health, | 10 |
| safety, and welfare by and through effective regulation, | 11 |
| solvency requirements, and certification of pharmacy benefit | 12 |
| managers. | 13 |
| Section 10. Definitions. In this Act: | 14 |
| "Covered entity" means a non-profit hospital or medical | 15 |
| service corporation, health insurer, health benefit plan, or | 16 |
| health maintenance organization; a health program administered | 17 |
| by a department or the State in the capacity of provider of | 18 |
| health coverage; or an employer, labor union, or other group of | 19 |
| persons organized in the State that provides health coverage to | 20 |
| covered individuals who are employed or reside in the State. | 21 |
| "Covered entity" does not include a self-funded plan that is | 22 |
| exempt from State regulation pursuant to the federal Employee | 23 |
| Retirement Income Security Act (ERISA), a plan issued for |
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| coverage for federal employees, or a health plan that provides | 2 |
| coverage only for accidental injury, specified disease, | 3 |
| hospital indemnity, medicare supplement, disability income, | 4 |
| long-term care, or other limited benefit health insurance | 5 |
| policies and contracts. | 6 |
| "Covered person" means a member, policyholder, subscriber, | 7 |
| enrollee, beneficiary,
dependent, or other individual | 8 |
| participating in a health benefit plan. | 9 |
| "Department" means the Department of Financial and | 10 |
| Professional Regulation. | 11 |
| "Health benefit plan" means a policy, contract, | 12 |
| certificate, or agreement offered or
issued by a health carrier | 13 |
| to provide, deliver, arrange for, pay for, or reimburse any of | 14 |
| the
costs of health care services including prescription drug | 15 |
| benefits. | 16 |
| "Multi-source drug" means a drug that is stocked and is | 17 |
| available from 3 or
more suppliers. | 18 |
| "Pharmacist" means any individual properly licensed as a | 19 |
| pharmacist by the State Board of Pharmacy of the Department of | 20 |
| Financial and Professional Regulation. | 21 |
| "Pharmacy" has the meaning given to that term in the | 22 |
| Pharmacy Practice Act of 1987. | 23 |
| "Pharmacy benefits management" means (i) the procurement | 24 |
| of prescription drugs at a
negotiated rate for dispensation | 25 |
| within this State to covered persons, (ii) the administration | 26 |
| or management of prescription drug benefits provided by a | 27 |
| covered entity for the benefit of covered persons, or (iii) any | 28 |
| of the following services provided with regard to the | 29 |
| administration of pharmacy benefits: | 30 |
| (1) Mail service pharmacy. | 31 |
| (2) Claims processing, retail network management, and | 32 |
| payment of claims to pharmacies for prescription drugs | 33 |
| dispensed to covered persons. | 34 |
| (3) Clinical formulary development and management |
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| services. | 2 |
| (4) Rebate contracting and administration. | 3 |
| (5) Patient compliance programs. | 4 |
| (6) Disease management programs involving prescription | 5 |
| drug utilization. | 6 |
| "Pharmacy benefits manager" or "PBM" means a person, | 7 |
| business, or other entity that
performs pharmacy benefits | 8 |
| management. "Pharmacy benefits manager" or "PBM" includes a | 9 |
| person or entity acting for a PBM in a contractual or | 10 |
| employment relationship in the performance of pharmacy | 11 |
| benefits management for a covered entity and includes mail | 12 |
| service pharmacies. | 13 |
| "Practice of pharmacy" has the meaning given to the term in | 14 |
| the Pharmacy Practice Act of 1987. | 15 |
| "Secretary" means the Secretary of Financial and | 16 |
| Professional Regulation. | 17 |
| Section 15. Applicability and scope. This Act shall apply | 18 |
| to a PBM that provides claims processing services, other | 19 |
| prescription drug or device services, or both, to covered | 20 |
| persons who are residents of this State. | 21 |
| Section 20. Certificate of authority to act as a PBM. | 22 |
| (a) No person or organization shall act or operate as a PBM | 23 |
| in this State without a valid certificate of authority issued | 24 |
| by the Department. The failure of any person to hold a | 25 |
| certificate while acting as a PBM shall subject that person to | 26 |
| a fine of not less than $5,000 and not more than $10,000 for | 27 |
| each violation. | 28 |
| (b) Each person seeking a certificate of authority to act | 29 |
| as a PBM shall file with the Department an application for a | 30 |
| certificate of authority upon a form to be furnished by the | 31 |
| Department. This application shall include or be accompanied by | 32 |
| all of the following: |
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| (1) All basic organizational documents of the PBM, such | 2 |
| as the articles of incorporation, articles of association, | 3 |
| bylaws, partnership agreement, trade name certificate, | 4 |
| trust agreement, shareholder agreement, and other | 5 |
| applicable documents and all amendments to these | 6 |
| documents. | 7 |
| (2) A filing fee of $5,000. | 8 |
| (3) Any other information the Secretary may require. | 9 |
| (c) Any person or entity that fits the definition of a | 10 |
| "PBM" on the effective date of this amendatory Act of the 94th | 11 |
| General Assembly shall have 90 days in which to obtain a | 12 |
| certificate of authority from the Department in order to | 13 |
| continue to validly operate in this State. | 14 |
| Section 25. Disclosure of ownership or affiliation.
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| (a) Each PBM shall disclose to the Department any ownership | 16 |
| interest or affiliation of any kind with (i) any insurance | 17 |
| company responsible for providing benefits directly or through | 18 |
| reinsurance to any plan for which the PBM provides services or | 19 |
| (ii) any parent companies, subsidiaries, and other entities or | 20 |
| businesses relative to the provision of pharmacy services, | 21 |
| other prescription drug or device services, or a pharmaceutical | 22 |
| manufacturer. | 23 |
| (b) The PBM must notify the Department in writing within 5 | 24 |
| calendar days of any material change in its ownership. | 25 |
| Section 30. Maintenance, access, and confidentiality of | 26 |
| records; financial examination. | 27 |
| (a) Every PBM shall maintain, for the duration of the | 28 |
| written agreement and for 2 years
thereafter, books and records | 29 |
| of all transactions between the PBM, insurers, covered persons,
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| pharmacists, and pharmacies. | 31 |
| (b) The Department shall have access to books and records | 32 |
| maintained by the PBM for the purposes of examination, audit, |
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| and inspection. All information contained in these books and | 2 |
| records shall be confidential. However, the Department may use | 3 |
| the information in any proceeding instituted against the PBM or | 4 |
| insurer. | 5 |
| (c) In the case of State contracts only, the Secretary | 6 |
| shall conduct periodic financial examinations of every PBM in | 7 |
| this State
to ensure an appropriate level of regulatory | 8 |
| oversight. The PBM shall pay the cost of the
examination which | 9 |
| shall be deposited in a special fund to provide all expenses | 10 |
| for the
regulation, supervision, and examination of all | 11 |
| entities subject to regulation under this Act.
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| Section 35. Disclosure of incentive arrangements or | 13 |
| programs. In the case of State contracts only, the PBM shall | 14 |
| disclose all incentive arrangements or programs, such as | 15 |
| rebates, discounts, disbursements, or any other similar | 16 |
| financial program or arrangement relating to income or | 17 |
| consideration received or negotiated, directly or indirectly, | 18 |
| with any pharmaceutical company, that relates to prescription | 19 |
| drug or device services, including, at a minimum, information | 20 |
| on the formula or other method for calculation and amount of | 21 |
| the incentive arrangements, rebates, or other disbursements, | 22 |
| the identity of the associated drug or device, and the dates | 23 |
| and amounts of the disbursements. | 24 |
| Section 40. Contract requirements and prohibitions. | 25 |
| (a) A PBM shall not require a pharmacist or pharmacy to | 26 |
| participate in one contract in order to participate in another | 27 |
| contract. The PBM shall not exclude an otherwise qualified | 28 |
| pharmacist or pharmacy from participation in a particular | 29 |
| network solely because that pharmacist or pharmacy declined to | 30 |
| participate in another plan or network managed by the PBM. | 31 |
| (b) All agreements shall provide that when the PBM receives | 32 |
| payment for the services
of the pharmacist or pharmacy that the |
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| PBM shall act as a fiduciary of the pharmacy or pharmacist who | 2 |
| provided the services. The PBM shall distribute said funds in | 3 |
| accordance with the time frames set forth in this Act.
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| Section 45. PBM prohibited practices. | 5 |
| (a) The insurer and the PBM may not discriminate with | 6 |
| respect to participation in the network or reimbursement as to | 7 |
| any pharmacist or pharmacy that is acting within the scope of | 8 |
| his or her license or certification. | 9 |
| (b) The PBM may not transfer a health benefit plan to | 10 |
| another payment network unless it receives written | 11 |
| authorization from the insurer. | 12 |
| (c) No PBM may mandate basic record keeping by any | 13 |
| pharmacist or pharmacy that is more stringent than required by | 14 |
| State or federal laws or regulations. | 15 |
| Section 50. Termination of agreements.
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| (a) A pharmacist or pharmacy may not be terminated from the | 17 |
| network or penalized by a PBM solely because of filing a | 18 |
| complaint, grievance, or appeal as permitted under this Act. | 19 |
| (b) A pharmacist or pharmacy may not be terminated from the | 20 |
| network or penalized because it expresses disagreement with the | 21 |
| PBM's decision to deny or limit benefits to a covered person or | 22 |
| because the pharmacist or pharmacy assists a covered person in | 23 |
| seeking reconsideration of the PBM's decision or because the | 24 |
| pharmacist or pharmacy discusses alternative medications. | 25 |
| (c) Before terminating a pharmacy from the network, the PBM | 26 |
| must give the
pharmacy or pharmacist a written explanation of | 27 |
| the reason for the termination at least 30 days prior to the | 28 |
| termination date, unless the termination is based on (i) the | 29 |
| loss of the pharmacy's license to practice pharmacy or | 30 |
| cancellation of professional liability insurance or (ii) a | 31 |
| conviction of fraud. |
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| Section 55. Medication costs; use of index required. | 2 |
| (a) PBMs shall use a current and nationally recognized | 3 |
| benchmark for medications and products, which must be | 4 |
| determined as follows: | 5 |
| (1) For brand or single source products, the Average | 6 |
| Wholesale Price (AWP) as listed in First Data Bank (Hearst | 7 |
| publications) or Facts & Comparisons (formerly Medispan) | 8 |
| correct and current on the date of service provided shall | 9 |
| be used as an index. | 10 |
| (2) For generic drug or multi-source products, Maximum | 11 |
| Allowable Cost (MAC) shall be established by referencing | 12 |
| First Data Bank (Hearst publications) or Facts & | 13 |
| Comparisons (formerly Medispan) Baseline Price (BLP). Only | 14 |
| products that are compliant with pharmacy laws as | 15 |
| equivalent and generically interchangeable with a federal | 16 |
| FDA Orange Book rating of "A-B" will be reimbursed from a | 17 |
| MAC price methodology. If a multi-source product has no BLP | 18 |
| price, then it shall be treated as a single source branded | 19 |
| drug for the purpose of determining reimbursement. | 20 |
| (b) The same National Drug Code shall be used for all | 21 |
| reimbursements, billings, and record keeping within the same | 22 |
| transaction. | 23 |
| Section 60. Claim denials and adjustments; audits. | 24 |
| (a) Within 3 business days after a price increase | 25 |
| notification by a manufacturer or supplier, the PBM must adjust | 26 |
| its payments to the pharmacist or pharmacy consistent with the | 27 |
| price increase. | 28 |
| (b) Claims paid by the PBM shall not be retroactively | 29 |
| denied or adjusted after 7 days from adjudication of such | 30 |
| claims, except as provided in subsection (d) of this Section. | 31 |
| In no case shall acknowledgement of eligibility be | 32 |
| retroactively reversed. | 33 |
| (c) The PBM may retroactively deny or adjust in the event |
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| of any of the following: | 2 |
| (1) The original claim was submitted fraudulently. | 3 |
| (2) The original claim payment was incorrect because | 4 |
| the provider was already paid for services rendered. | 5 |
| (3) The services were not rendered by the pharmacist or | 6 |
| pharmacy. | 7 |
| (d) The PBM may not require extrapolation audits as a | 8 |
| condition of participating in the contract, network, or | 9 |
| program. | 10 |
| (e) The PBM shall not recoup any moneys that it believes | 11 |
| are due as a result of the audit by setoff until the pharmacist | 12 |
| or pharmacy has the opportunity to review the PBM's findings | 13 |
| and concurs with the results. | 14 |
| Section 65. Complaint process.
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| (a) The Department shall adopt procedures for formal | 16 |
| investigation of complaints concerning the failure of a | 17 |
| pharmacy benefits manager to comply with this Act. | 18 |
| (b) The Department shall investigate a complaint filed | 19 |
| under this Act that involves a professional or patient health | 20 |
| or safety issue. | 21 |
| (c) The Department shall investigate complaints that | 22 |
| involve a business or financial issue.
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| Section 70. PBM responsibilities to the covered entity. A | 24 |
| PBM shall disclose, upon request of the covered entity, all | 25 |
| financial terms and arrangements for remuneration of any kind | 26 |
| that apply between the PBM and any prescription drug | 27 |
| manufacturer or labeler, including, without limitation, | 28 |
| rebates, formulary management programs, educational support, | 29 |
| claims processing, and pharmacy network fees that are charged | 30 |
| from retail pharmacies and data sales fees. | 31 |
| Section 75. Pharmacy Benefits Management Fund. The |
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| Pharmacy Benefits Management Fund is created as a special fund | 2 |
| in the State Treasury. All
fees, fines, assessments, and | 3 |
| penalties received
under this Act shall be deposited into the | 4 |
| Pharmacy Benefits Management Fund.
This Fund shall be used | 5 |
| exclusively for the administration and enforcement of this Act. | 6 |
| Section 80. Assessment. | 7 |
| (a) The expense of administering this Act shall be assessed | 8 |
| annually by the Board against all PBMs operating in this State. | 9 |
| The assessment shall be in proportion to the business done in | 10 |
| this State. | 11 |
| (b) The Department shall give each PBM notice of the | 12 |
| assessment, which shall be paid to the Board on or before April | 13 |
| 1 of each year. | 14 |
| (c) If an assessment is not paid by the prescribed date, | 15 |
| the amount of any assessment, plus a penalty, is due and the | 16 |
| certificate of the defaulting PBM may be revoked or suspended | 17 |
| by the Department until the assessment and any penalty has been | 18 |
| paid. | 19 |
| Section 90. Rulemaking; Secretary. The Secretary may adopt | 20 |
| rules necessary to carry out the provisions of this Act. These | 21 |
| rules may include the definition of terms, the use of | 22 |
| prescribed forms, reporting requirements, prohibited | 23 |
| practices, and enforcement procedures. The rules shall be | 24 |
| subject to review in accordance with general rules of | 25 |
| administrative rulemaking and review of rules. | 26 |
| Section 95. Rulemaking; Department. The Department shall, | 27 |
| by rule, define the enforcement process that shall be | 28 |
| implemented under this Act, including grounds for certificate | 29 |
| revocation, fines, suspension, and reinstatement, and shall | 30 |
| adopt rules concerning unfair trade practices, protections for | 31 |
| privacy and confidentiality of covered persons, and the |
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| prohibition of discrimination and false and misleading | 2 |
| advertising. | 3 |
| Section 100. Severability. The provisions of this Act are | 4 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 900. The State Finance Act is amended by adding | 6 |
| Section 5.640 and by changing Section 8g as follows: | 7 |
| (30 ILCS 105/5.640 new)
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| Sec. 5.640. The Pharmacy Benefits Management Fund.
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| (30 ILCS 105/8g)
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| Sec. 8g. Fund transfers.
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| (a) In addition to any other transfers that may be provided | 12 |
| for by law, as
soon as may be practical after the effective | 13 |
| date of this amendatory Act of
the 91st General Assembly, the | 14 |
| State Comptroller shall direct and the State
Treasurer shall | 15 |
| transfer the sum of $10,000,000 from the General Revenue Fund
| 16 |
| to the Motor Vehicle License Plate Fund created by Senate Bill | 17 |
| 1028 of the 91st
General Assembly.
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| (b) In addition to any other transfers that may be provided | 19 |
| for by law, as
soon as may be practical after the effective | 20 |
| date of this amendatory Act of
the 91st General Assembly, the | 21 |
| State Comptroller shall direct and the State
Treasurer shall | 22 |
| transfer the sum of $25,000,000 from the General Revenue Fund
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| to the Fund for Illinois' Future created by Senate Bill 1066 of | 24 |
| the 91st
General Assembly.
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| (c) In addition to any other transfers that may be provided | 26 |
| for by law,
on August 30 of each fiscal year's license period, | 27 |
| the Illinois Liquor Control
Commission shall direct and the | 28 |
| State Comptroller and State Treasurer shall
transfer from the | 29 |
| General Revenue Fund to the Youth Alcoholism and Substance
| 30 |
| Abuse Prevention Fund an amount equal to the number of retail |
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| liquor licenses
issued for that fiscal year multiplied by $50.
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| (d) The payments to programs required under subsection (d) | 3 |
| of Section 28.1
of the Horse Racing Act of 1975 shall be made, | 4 |
| pursuant to appropriation, from
the special funds referred to | 5 |
| in the statutes cited in that subsection, rather
than directly | 6 |
| from the General Revenue Fund.
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| Beginning January 1, 2000, on the first day of each month, | 8 |
| or as soon
as may be practical thereafter, the State | 9 |
| Comptroller shall direct and the
State Treasurer shall transfer | 10 |
| from the General Revenue Fund to each of the
special funds from | 11 |
| which payments are to be made under Section 28.1(d) of the
| 12 |
| Horse Racing Act of 1975 an amount equal to 1/12 of the annual | 13 |
| amount required
for those payments from that special fund, | 14 |
| which annual amount shall not exceed
the annual amount for | 15 |
| those payments from that special fund for the calendar
year | 16 |
| 1998. The special funds to which transfers shall be made under | 17 |
| this
subsection (d) include, but are not necessarily limited | 18 |
| to, the Agricultural
Premium Fund; the Metropolitan Exposition | 19 |
| Auditorium and Office Building Fund;
the Fair and Exposition | 20 |
| Fund; the Standardbred Breeders Fund; the Thoroughbred
| 21 |
| Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
| 22 |
| (e) In addition to any other transfers that may be provided | 23 |
| for by law,
as soon as may be practical after the effective | 24 |
| date of this amendatory Act of
the 91st General Assembly, but | 25 |
| in no event later than June 30, 2000, the State
Comptroller | 26 |
| shall direct and the State Treasurer shall transfer the sum of
| 27 |
| $15,000,000 from the General Revenue Fund to the Fund for | 28 |
| Illinois' Future.
| 29 |
| (f) In addition to any other transfers that may be provided | 30 |
| for by law,
as soon as may be practical after the effective | 31 |
| date of this amendatory Act of
the 91st General Assembly, but | 32 |
| in no event later than June 30, 2000, the State
Comptroller | 33 |
| shall direct and the State Treasurer shall transfer the sum of
| 34 |
| $70,000,000 from the General Revenue Fund to the Long-Term Care |
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| Provider
Fund.
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| (f-1) In fiscal year 2002, in addition to any other | 3 |
| transfers that may
be provided for by law, at the direction of | 4 |
| and upon notification from the
Governor, the State Comptroller | 5 |
| shall direct and the State Treasurer shall
transfer amounts not | 6 |
| exceeding a total of $160,000,000 from the General
Revenue Fund | 7 |
| to the Long-Term Care Provider Fund.
| 8 |
| (g) In addition to any other transfers that may be provided | 9 |
| for by law,
on July 1, 2001, or as soon thereafter as may be | 10 |
| practical, the State
Comptroller shall direct and the State | 11 |
| Treasurer shall transfer the sum of
$1,200,000 from the General | 12 |
| Revenue Fund to the Violence Prevention Fund.
| 13 |
| (h) In each of fiscal years 2002 through 2004, but not
| 14 |
| thereafter, in
addition to any other transfers that may be | 15 |
| provided for by law, the State
Comptroller shall direct and the | 16 |
| State Treasurer shall transfer $5,000,000
from the General | 17 |
| Revenue Fund to the Tourism Promotion Fund.
| 18 |
| (i) On or after July 1, 2001 and until May 1, 2002, 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 |
| re-transferred by the State Comptroller
and the State Treasurer | 26 |
| from the Tobacco Settlement Recovery Fund to the
General | 27 |
| Revenue Fund at the direction of and upon notification from the
| 28 |
| Governor, but in any event on or before June 30, 2002.
| 29 |
| (i-1) On or after July 1, 2002 and until May 1, 2003, in | 30 |
| addition to any
other transfers that may be provided for by | 31 |
| law, at the direction of and upon
notification from the | 32 |
| Governor, the State Comptroller shall direct and the
State | 33 |
| Treasurer shall transfer amounts not exceeding a total of | 34 |
| $80,000,000
from the General Revenue Fund to the Tobacco |
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| Settlement Recovery Fund.
Any amounts so transferred shall be | 2 |
| re-transferred by the State Comptroller
and the State Treasurer | 3 |
| from the Tobacco Settlement Recovery Fund to the
General | 4 |
| Revenue Fund at the direction of and upon notification from the
| 5 |
| Governor, but in any event on or before June 30, 2003.
| 6 |
| (j) On or after July 1, 2001 and no later than June 30, | 7 |
| 2002, 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 Statistical Services Revolving Fund:
|
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12 | | From the General Revenue Fund ................. |
$8,450,000 |
|
13 | | From the Public Utility Fund .................. |
1,700,000 |
|
14 | | From the Transportation Regulatory Fund ....... |
2,650,000 |
|
15 | | From the Title III Social Security and |
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16 | | Employment Fund .............................. |
3,700,000 |
|
17 | | From the Professions Indirect Cost Fund ....... |
4,050,000 |
|
18 | | From the Underground Storage Tank Fund ........ |
550,000 |
|
19 | | From the Agricultural Premium Fund ............ |
750,000 |
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20 | | From the State Pensions Fund .................. |
200,000 |
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21 | | From the Road Fund ............................ |
2,000,000 |
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22 | | From the Health Facilities |
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23 | | Planning Fund ................................ |
1,000,000 |
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24 | | From the Savings and Residential Finance |
|
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25 | | Regulatory Fund .............................. |
130,800 |
|
26 | | From the Appraisal Administration Fund ........ |
28,600 |
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27 | | From the Pawnbroker Regulation Fund ........... |
3,600 |
|
28 | | From the Auction Regulation |
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29 | | Administration Fund .......................... |
35,800 |
|
30 | | From the Bank and Trust Company Fund .......... |
634,800 |
|
31 | | From the Real Estate License |
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32 | | Administration Fund .......................... |
313,600 |
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33 |
| (k) In addition to any other transfers that may be provided | 34 |
| for by law,
as soon as may be practical after the effective |
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| date of this amendatory Act of
the 92nd General Assembly, the | 2 |
| State Comptroller shall direct and the State
Treasurer shall | 3 |
| transfer the sum of $2,000,000 from the General Revenue Fund
to | 4 |
| the Teachers Health Insurance Security Fund.
| 5 |
| (k-1) In addition to any other transfers that may be | 6 |
| provided for by
law, on July 1, 2002, or as soon as may be | 7 |
| practical thereafter, the State
Comptroller shall direct and | 8 |
| the State Treasurer shall transfer the sum of
$2,000,000 from | 9 |
| the General Revenue Fund to the Teachers Health Insurance
| 10 |
| Security Fund.
| 11 |
| (k-2) In addition to any other transfers that may be | 12 |
| provided for by
law, on July 1, 2003, or as soon as may be | 13 |
| practical thereafter, the State
Comptroller shall direct and | 14 |
| the State Treasurer shall transfer the sum of
$2,000,000 from | 15 |
| the General Revenue Fund to the Teachers Health Insurance
| 16 |
| Security Fund.
| 17 |
| (k-3) On or after July 1, 2002 and no later than June 30, | 18 |
| 2003, in
addition to any other transfers that may be provided | 19 |
| for by 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 to exceed the
following | 22 |
| sums into the Statistical Services Revolving Fund:
|
|
23 | | Appraisal Administration Fund ................. |
$150,000 |
|
24 | | General Revenue Fund .......................... |
10,440,000 |
|
25 | | Savings and Residential Finance |
|
|
26 | | Regulatory Fund ........................... |
200,000 |
|
27 | | State Pensions Fund ........................... |
100,000 |
|
28 | | Bank and Trust Company Fund ................... |
100,000 |
|
29 | | Professions Indirect Cost Fund ................ |
3,400,000 |
|
30 | | Public Utility Fund ........................... |
2,081,200 |
|
31 | | Real Estate License Administration Fund ....... |
150,000 |
|
32 | | Title III Social Security and |
|
|
33 | | Employment Fund ........................... |
1,000,000 |
|
34 | | Transportation Regulatory Fund ................ |
3,052,100 |
|
|
|
|
|
09400SB1828sam002 |
- 15 - |
LRB094 11306 RAS 44629 a |
|
| 1 | | Underground Storage Tank Fund ................. |
50,000 |
|
2 |
| (l) In addition to any other transfers that may be provided | 3 |
| for by law, on
July 1, 2002, or as soon as may be practical | 4 |
| thereafter, the State Comptroller
shall direct and the State | 5 |
| Treasurer shall transfer the sum of $3,000,000 from
the General | 6 |
| Revenue Fund to the Presidential Library and Museum Operating
| 7 |
| Fund.
| 8 |
| (m) In addition to any other transfers that may be provided | 9 |
| for by law, on
July 1, 2002 and on the effective date of this | 10 |
| amendatory Act of the 93rd
General Assembly, or as soon | 11 |
| thereafter as may be practical, the State Comptroller
shall | 12 |
| direct and the State Treasurer shall transfer the sum of | 13 |
| $1,200,000 from
the General Revenue Fund to the Violence | 14 |
| Prevention Fund.
| 15 |
| (n) In addition to any other transfers that may be provided | 16 |
| for by law,
on July 1,
2003, or as soon thereafter as may be | 17 |
| practical, the State Comptroller shall
direct and the
State | 18 |
| Treasurer shall transfer the sum of $6,800,000 from the General | 19 |
| Revenue
Fund to
the DHS Recoveries Trust Fund.
| 20 |
| (o) On or after July 1, 2003, and no later than June 30, | 21 |
| 2004, in
addition to any
other transfers that may be provided | 22 |
| for by law, 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 to exceed the following | 25 |
| sums into the Vehicle Inspection
Fund:
|
|
26 | | From the Underground Storage Tank Fund ....... |
$35,000,000. |
|
27 |
| (p) On or after July 1, 2003 and until May 1, 2004, in | 28 |
| addition to any
other
transfers that may be provided for by | 29 |
| law, at the direction of and upon
notification from
the | 30 |
| Governor, the State Comptroller shall direct and the State | 31 |
| Treasurer shall
transfer
amounts not exceeding a total of | 32 |
| $80,000,000 from the General Revenue Fund to
the
Tobacco | 33 |
| Settlement Recovery Fund. Any amounts so transferred shall be
| 34 |
| re-transferred
from the Tobacco Settlement Recovery Fund to the |
|
|
|
09400SB1828sam002 |
- 16 - |
LRB094 11306 RAS 44629 a |
|
| 1 |
| General Revenue Fund at the
direction of and upon notification | 2 |
| from the Governor, but in any event on or
before June
30, 2004.
| 3 |
| (q) In addition to any other transfers that may be provided | 4 |
| for by law, on
July 1,
2003, or as soon as may be practical | 5 |
| thereafter, the State Comptroller shall
direct and the
State | 6 |
| Treasurer shall transfer the sum of $5,000,000 from the General | 7 |
| Revenue
Fund to
the Illinois Military Family Relief Fund.
| 8 |
| (r) In addition to any other transfers that may be provided | 9 |
| for by law, on
July 1,
2003, or as soon as may be practical | 10 |
| thereafter, the State Comptroller shall
direct and the
State | 11 |
| Treasurer shall transfer the sum of $1,922,000 from the General | 12 |
| Revenue
Fund to
the Presidential Library and Museum Operating | 13 |
| Fund.
| 14 |
| (s) In addition to any other transfers that may be provided | 15 |
| for by law, on
or after
July 1, 2003, the State Comptroller | 16 |
| shall direct and the State Treasurer shall
transfer the
sum of | 17 |
| $4,800,000 from the Statewide Economic Development Fund to the | 18 |
| General
Revenue Fund.
| 19 |
| (t) In addition to any other transfers that may be provided | 20 |
| for by law, on
or after
July 1, 2003, the State Comptroller | 21 |
| shall direct and the State Treasurer shall
transfer the
sum of | 22 |
| $50,000,000 from the General Revenue Fund to the Budget | 23 |
| Stabilization
Fund.
| 24 |
| (u) On or after July 1, 2004 and until May 1, 2005, in | 25 |
| addition to any other transfers that may be provided for by | 26 |
| law, at the direction of and upon notification from the | 27 |
| Governor, the State Comptroller shall direct and the State | 28 |
| Treasurer shall transfer amounts not exceeding a total of | 29 |
| $80,000,000 from the General Revenue Fund to the Tobacco | 30 |
| Settlement Recovery Fund. Any amounts so transferred shall be | 31 |
| retransferred by the State Comptroller and the State Treasurer | 32 |
| from the Tobacco Settlement Recovery Fund to the General | 33 |
| Revenue Fund at the direction of and upon notification from the | 34 |
| Governor, but in any event on or before June 30, 2005.
|
|
|
|
09400SB1828sam002 |
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LRB094 11306 RAS 44629 a |
|
| 1 |
| (v) In addition to any other transfers that may be provided | 2 |
| for by law, on July 1, 2004, or as soon thereafter as may be | 3 |
| practical, the State Comptroller shall direct and the State | 4 |
| Treasurer shall transfer the sum of $1,200,000 from the General | 5 |
| Revenue Fund to the Violence Prevention Fund. | 6 |
| (w) In addition to any other transfers that may be provided | 7 |
| for by law, on July 1, 2004, or as soon thereafter as may be | 8 |
| practical, the State Comptroller shall direct and the State | 9 |
| Treasurer shall transfer the sum of $6,445,000 from the General | 10 |
| Revenue Fund to the Presidential Library and Museum Operating | 11 |
| Fund.
| 12 |
| (x) In addition to any other transfers that may be provided | 13 |
| for by law, on January 15, 2005, or as soon thereafter as may | 14 |
| be practical, the State Comptroller shall direct and the State | 15 |
| Treasurer shall transfer to the General Revenue Fund the | 16 |
| following sums: | 17 |
| From the State Crime Laboratory Fund, $200,000; | 18 |
| From the State Police Wireless Service Emergency Fund, | 19 |
| $200,000; | 20 |
| From the State Offender DNA Identification System | 21 |
| Fund, $800,000; and | 22 |
| From the State Police Whistleblower Reward and | 23 |
| Protection Fund, $500,000.
| 24 |
| (y) No transfers shall be made to the General Revenue Fund | 25 |
| from the Pharmacy Benefits Management Fund.
| 26 |
| (Source: P.A. 92-11, eff. 6-11-01; 92-505, eff. 12-20-01; | 27 |
| 92-600, eff. 6-28-02; 93-32, eff. 6-20-03; 93-648, eff. 1-8-04; | 28 |
| 93-839, eff. 7-30-04; 93-1067, eff. 1-15-05.)
| 29 |
| Section 999. Effective date. This Act takes effect upon | 30 |
| becoming law.".
|
|