Full Text of HB2253 95th General Assembly
HB2253ham001 95TH GENERAL ASSEMBLY
|
Rep. David E. Miller
Filed: 4/20/2007
|
|
09500HB2253ham001 |
|
LRB095 01315 BDD 35226 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 2253
| 2 |
| AMENDMENT NO. ______. Amend House Bill 2253 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. If, and only if, the provisions of House Bill | 5 |
| 750 of the 95th General Assembly become law, then the State | 6 |
| Finance Act is amended by changing Section 8h and by adding | 7 |
| Sections 5.675 and 6z-69 as follows: | 8 |
| (30 ILCS 105/5.675 new) | 9 |
| Sec. 5.675. The Human Services Cost-Of-Doing-Business | 10 |
| Fund. | 11 |
| (30 ILCS 105/6z-69 new)
| 12 |
| Sec. 6z-69. The Human Services Cost-Of-Doing-Business | 13 |
| Fund. | 14 |
| (a) The inclusion of certain services into the definition | 15 |
| of "sale at retail" in the Retailers' Occupation Tax Act as |
|
|
|
09500HB2253ham001 |
- 2 - |
LRB095 01315 BDD 35226 a |
|
| 1 |
| amended by House Bill 750 of the 95th General Assembly will | 2 |
| lead to increased revenues to the State, much of which will be | 3 |
| deposited into the General Revenue Fund. It is the intention of | 4 |
| this Section to apply a portion of those increased revenues for | 5 |
| the purpose of purchase of care contracts and grant agreements | 6 |
| to further assist the citizens of Illinois.
| 7 |
| (b) The Human Services Cost-Of-Doing-Business Fund is | 8 |
| created as a special fund in the State treasury. Moneys in the | 9 |
| Fund may be used only for the purposes of an annual | 10 |
| cost-of-doing-business adjustment, as set forth under | 11 |
| subsection (d). | 12 |
| (c) Each State fiscal year, beginning with the first fiscal | 13 |
| year that begins after the effective date of House Bill 750 of | 14 |
| the 95th General Assembly, the State Treasurer shall transfer | 15 |
| to the Fund, from the General Revenue Fund, the amount of | 16 |
| $175,000,000, adjusted annually after the first full fiscal | 17 |
| year for which the Fund is established based upon the | 18 |
| Employment Cost Index. Moneys received for the purposes of this | 19 |
| Section, including, without limitation, transfers, | 20 |
| appropriations, and gifts, grants, and awards from any public | 21 |
| or private entity must be deposited into the Fund. Any interest | 22 |
| earnings that are attributable to moneys in the Fund must be | 23 |
| deposited into the Fund. | 24 |
| (d) The moneys in the Fund shall be used, subject to | 25 |
| appropriation, to provide for all or part of an annual 3% cost | 26 |
| of doing business adjustment for purchase of care contracts and |
|
|
|
09500HB2253ham001 |
- 3 - |
LRB095 01315 BDD 35226 a |
|
| 1 |
| grant agreements entered into between (i) the Department of | 2 |
| Children and Family Services, the Department of Human Services, | 3 |
| the Department of Public Health, the Department of Healthcare | 4 |
| and Family Services, the Department on Aging, the Office of the | 5 |
| Attorney General, the Department of Corrections, the | 6 |
| Department of Juvenile Justice, or the Department of Commerce | 7 |
| and Economic Opportunity and (ii) a private community-based | 8 |
| contractual provider or grantee. | 9 |
| (e) The Fund is not subject to sweeps, administrative | 10 |
| charges, or charge-backs, including but not limited to, those | 11 |
| authorized under Section 8h of the State Finance Act or any | 12 |
| other fiscal or budgetary maneuver that would in any way | 13 |
| transfer any funds from the Fund into any other fund of the | 14 |
| State. | 15 |
| (f) As used in this Section: | 16 |
| "Employment Cost Index" has the meaning set forth in | 17 |
| Section 4 of the General Assembly Compensation Act. | 18 |
| "Grant" has the meaning set forth in Section 1-15.42 of the | 19 |
| Illinois Procurement Code. | 20 |
| "Purchase of care contract" means a contract between a | 21 |
| State officer or agency and a private provider under which | 22 |
| rates for services are set in accordance with a formula that | 23 |
| takes personnel, supplies, and other allowable costs into | 24 |
| account. The term "purchase of care contract" does not include | 25 |
| any contract for a provider of medical services.
|
|
|
|
09500HB2253ham001 |
- 4 - |
LRB095 01315 BDD 35226 a |
|
| 1 |
| (30 ILCS 105/8h)
| 2 |
| Sec. 8h. Transfers to General Revenue Fund. | 3 |
| (a) Except as otherwise provided in this Section and | 4 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding | 5 |
| any other
State law to the contrary, the Governor
may, through | 6 |
| June 30, 2007, from time to time direct the State Treasurer and | 7 |
| Comptroller to transfer
a specified sum from any fund held by | 8 |
| the State Treasurer to the General
Revenue Fund in order to | 9 |
| help defray the State's operating costs for the
fiscal year. | 10 |
| The total transfer under this Section from any fund in any
| 11 |
| fiscal year shall not exceed the lesser of (i) 8% of the | 12 |
| revenues to be deposited
into the fund during that fiscal year | 13 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 14 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 15 |
| 2005 only, prior to calculating the July 1, 2004 final | 16 |
| balances, the Governor may calculate and direct the State | 17 |
| Treasurer with the Comptroller to transfer additional amounts | 18 |
| determined by applying the formula authorized in Public Act | 19 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 20 |
| be made from a fund under this Section that would have the
| 21 |
| effect of reducing the available balance in the fund to an | 22 |
| amount less than
the amount remaining unexpended and unreserved | 23 |
| from the total appropriation
from that fund estimated to be | 24 |
| expended for that fiscal year. This Section does not apply to | 25 |
| any
funds that are restricted by federal law to a specific use, | 26 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity |
|
|
|
09500HB2253ham001 |
- 5 - |
LRB095 01315 BDD 35226 a |
|
| 1 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 2 |
| Provider Relief Fund, the Teacher Health Insurance Security | 3 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 4 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, | 5 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal | 6 |
| Projects Fund, the Supreme Court Special State Projects Fund, | 7 |
| the Supplemental Low-Income Energy Assistance Fund, the Good | 8 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | 9 |
| Facility Development and Operation Fund, the Horse Racing | 10 |
| Equity Trust Fund, or the Hospital Basic Services Preservation | 11 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 12 |
| of the Nursing and Advanced Practice Nursing Act applies. No | 13 |
| transfers may be made under this Section from the Pet | 14 |
| Population Control Fund. Notwithstanding any
other provision | 15 |
| of this Section, for fiscal year 2004,
the total transfer under | 16 |
| this Section from the Road Fund or the State
Construction | 17 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 18 |
| revenues to be deposited
into the fund during that fiscal year | 19 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 20 |
| year 2005 through fiscal year 2007, no amounts may be | 21 |
| transferred under this Section from the Road Fund, the State | 22 |
| Construction Account Fund, the Criminal Justice Information | 23 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 24 |
| Mandatory Arbitration Fund.
| 25 |
| In determining the available balance in a fund, the | 26 |
| Governor
may include receipts, transfers into the fund, and |
|
|
|
09500HB2253ham001 |
- 6 - |
LRB095 01315 BDD 35226 a |
|
| 1 |
| other
resources anticipated to be available in the fund in that | 2 |
| fiscal year.
| 3 |
| The State Treasurer and Comptroller shall transfer the | 4 |
| amounts designated
under this Section as soon as may be | 5 |
| practicable after receiving the direction
to transfer from the | 6 |
| Governor.
| 7 |
| (a-5) Transfers directed to be made under this Section on | 8 |
| or before February 28, 2006 that are still pending on May 19, | 9 |
| 2006 ( the effective date of Public Act 94-774)
this amendatory | 10 |
| Act of the 94th General Assembly shall be redirected as | 11 |
| provided in Section 8n of this Act.
| 12 |
| (b) This Section does not apply to: (i) the Ticket For The | 13 |
| Cure Fund; (ii) any fund established under the Community Senior | 14 |
| Services and Resources Act; or (iii) on or after January 1, | 15 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 16 |
| and Day and Temporary Labor Enforcement Fund. | 17 |
| (c) This Section does not apply to the Demutualization | 18 |
| Trust Fund established under the Uniform Disposition of | 19 |
| Unclaimed Property Act.
| 20 |
| (d) This Section does not apply to moneys set aside in the | 21 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 22 |
| scholarships and residency programs under the Podiatric | 23 |
| Scholarship and Residency Act. | 24 |
| (e) Subsection (a) does not apply to, and no transfer may | 25 |
| be made under this Section from, the Pension Stabilization | 26 |
| Fund.
|
|
|
|
09500HB2253ham001 |
- 7 - |
LRB095 01315 BDD 35226 a |
|
| 1 |
| This Section does not apply to the Human Services | 2 |
| Cost-Of-Doing-Business Fund.
| 3 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 4 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 5 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 6 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 7 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 8 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 9 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | 10 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | 11 |
| eff. 6-6-06; revised 6-19-06.)
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
|
|