Full Text of SB0014 94th General Assembly
SB0014enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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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 | 5 |
| Sections 8h and 8j and by adding Section 8n as follows: | 6 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 8 |
| (a) Except as otherwise provided in this Section and | 9 |
| Section 8n of this Act, and
subsection (b), notwithstanding any | 10 |
| other
State law to the contrary, the Governor
may, through June | 11 |
| 30, 2007, from time to time direct the State Treasurer and | 12 |
| Comptroller to transfer
a specified sum from any fund held by | 13 |
| the State Treasurer to the General
Revenue Fund in order to | 14 |
| help defray the State's operating costs for the
fiscal year. | 15 |
| 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 | 17 |
| revenues to be deposited
into the fund during that fiscal year | 18 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 19 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 20 |
| 2005 only, prior to calculating the July 1, 2004 final | 21 |
| balances, the Governor may calculate and direct the State | 22 |
| Treasurer with the Comptroller to transfer additional amounts | 23 |
| determined by applying the formula authorized in Public Act | 24 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 25 |
| 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 | 27 |
| amount less than
the amount remaining unexpended and unreserved | 28 |
| from the total appropriation
from that fund estimated to be | 29 |
| expended for that fiscal year. | 30 |
| This Section does not apply to any
funds that are | 31 |
| restricted by federal law to a specific use, to any funds in
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| the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the |
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| Hospital Provider Fund, the Medicaid Provider Relief Fund, the | 2 |
| Teacher Health Insurance Security Fund, the Reviewing Court | 3 |
| Alternative Dispute Resolution Fund, or the Voters' Guide Fund, | 4 |
| the Foreign Language Interpreter Fund, the Lawyers' Assistance | 5 |
| Program Fund, the Supreme Court Federal Projects Fund, the | 6 |
| Supreme Court Special State Projects Fund, or the Low-Level | 7 |
| Radioactive Waste Facility Development and Operation Fund, or | 8 |
| the Hospital Basic Services Preservation Fund, or to any
funds | 9 |
| to which subsection (f) of Section 20-40 of the Nursing and | 10 |
| Advanced Practice Nursing Act applies. No transfers may be made | 11 |
| under this Section from the Pet Population Control Fund. | 12 |
| Notwithstanding any
other provision of this Section, for | 13 |
| fiscal year 2004,
the total transfer under this Section from | 14 |
| the Road Fund or the State
Construction Account Fund shall not | 15 |
| 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 | 17 |
| beginning balance in the fund.
For fiscal year 2005 through | 18 |
| fiscal year 2007, no amounts may be transferred under this | 19 |
| Section from the Road Fund, the State Construction Account | 20 |
| Fund, the Criminal Justice Information Systems Trust Fund, the | 21 |
| Wireless Service Emergency Fund, or the Mandatory Arbitration | 22 |
| Fund.
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| In determining the available balance in a fund, the | 24 |
| Governor
may include receipts, transfers into the fund, and | 25 |
| other
resources anticipated to be available in the fund in that | 26 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 28 |
| amounts designated
under this Section as soon as may be | 29 |
| practicable after receiving the direction
to transfer from the | 30 |
| Governor.
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| (a-5) Transfers directed to be made under this Section on | 32 |
| or before February 28, 2006 that are still pending on the | 33 |
| effective date of this amendatory Act of the 94th General | 34 |
| Assembly shall be redirected as provided in Section 8n of this | 35 |
| Act.
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| (b) This Section does not apply to: (i) the Ticket For The |
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| Cure Fund ; (ii)
or to any fund established under the Community | 2 |
| Senior Services and Resources Act; or (iii)
(ii) on or after | 3 |
| January 1, 2006 ( the effective date of Public Act 94-511)
this | 4 |
| amendatory Act of the 94th General Assembly , the Child Labor | 5 |
| and Day and Temporary Labor Enforcement Fund. | 6 |
| (c) This Section does not apply to the Demutualization | 7 |
| Trust Fund established under the Uniform Disposition of | 8 |
| Unclaimed Property Act.
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| (d)
(c) This Section does not apply to moneys set aside in | 10 |
| the Illinois State Podiatric Disciplinary Fund for podiatric | 11 |
| scholarships and residency programs under the Podiatric | 12 |
| Scholarship and Residency Act. | 13 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 14 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 15 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 16 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 17 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 18 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 19 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)
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| (30 ILCS 105/8j)
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| Sec. 8j. Allocation and transfer of fee receipts to General | 22 |
| Revenue Fund. Except as otherwise provided in this Section and | 23 |
| Section 8n of this Act, and notwithstanding
Notwithstanding any | 24 |
| other law to the
contrary, additional amounts generated by the | 25 |
| new and increased fees created
or authorized by Public Acts | 26 |
| 93-22, 93-23, 93-24, and 93-32 shall be allocated between the | 27 |
| fund otherwise entitled to
receive the fee and the General | 28 |
| Revenue Fund by the Governor
Governor's Office of
Management | 29 |
| and Budget . In determining the amount of
the allocation to the | 30 |
| General Revenue Fund, the Governor
Director of the Governor's
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| Office of Management and Budget shall calculate
whether the | 32 |
| available resources in the fund are sufficient to satisfy the
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| unexpended and unreserved appropriations from the fund for the | 34 |
| fiscal year.
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| In calculating the available resources in a fund, the |
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| Governor
Director of the
Governor's Office of Management and | 2 |
| Budget may
include receipts, transfers into the fund, and other | 3 |
| resources anticipated to
be available in the fund in that | 4 |
| fiscal year.
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| Upon determining the amount of an allocation to the General | 6 |
| Revenue Fund
under this Section, the Governor
Director of the | 7 |
| Governor's Office of Management
and Budget may direct the State | 8 |
| Treasurer and
Comptroller to transfer the amount of that | 9 |
| allocation from the fund in which
the fee amounts have been | 10 |
| deposited to the General Revenue Fund; provided,
however, that | 11 |
| the Governor
Director shall not direct the transfer of any | 12 |
| amount that
would have the effect of reducing the available | 13 |
| resources in the fund to an
amount less than the amount | 14 |
| remaining unexpended and unreserved from the total
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| appropriation from that fund for that fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 17 |
| amounts designated
under this Section as soon as may be | 18 |
| practicable after receiving the direction
to transfer from the | 19 |
| Governor
Director of the Governor's Office of Management and
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| Budget .
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| This Section does not apply to the Demutualization Trust | 22 |
| Fund established under the Uniform Disposition of Unclaimed | 23 |
| Property Act.
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| Transfers directed to be made under this Section on or | 25 |
| before February 28, 2006 that are still pending on the | 26 |
| effective date of this amendatory Act of the 94th General | 27 |
| Assembly shall be redirected as provided in Section 8n of this | 28 |
| Act.
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| (Source: P.A. 93-25, eff. 6-20-03; 93-32, eff. 6-20-03; 94-686, | 30 |
| eff. 11-2-05.)
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| (30 ILCS 105/8n new) | 32 |
| Sec. 8n. Redirected fund transfers. | 33 |
| (a) Transfers directed to be made under Section 8h of this | 34 |
| Act on or before February 28, 2006 that are still pending on | 35 |
| the effective date of this amendatory Act of the 94th General |
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| Assembly shall be redirected and completed as provided in | 2 |
| subsections (c) and (d) of this Section.
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| (b) Transfers directed to be made under Section 8j of this | 4 |
| Act on or before February 28, 2006 that are still pending on | 5 |
| the effective date of this amendatory Act of the 94th General | 6 |
| Assembly shall be redirected and completed as provided in | 7 |
| subsections (c) and (d) of this Section.
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| (c) The first $250,000,000 of transfers that are subject to | 9 |
| redirection under this Section shall be redirected as follows: | 10 |
| (1) one-third of each amount directed to be transferred | 11 |
| to the General Revenue Fund shall be transferred to the | 12 |
| Drug Rebate Fund instead of the General Revenue Fund; | 13 |
| (2) one-third of each amount directed to be transferred | 14 |
| to the General Revenue Fund shall be transferred to the | 15 |
| Hospital Provider Fund instead of the General Revenue Fund; | 16 |
| and | 17 |
| (3) one-third of each amount directed to be transferred | 18 |
| to the General Revenue Fund shall be transferred to the | 19 |
| Long-term Care Provider Fund instead of the General Revenue | 20 |
| Fund. | 21 |
| If the aggregate amount of all transfers that are subject | 22 |
| to redirection under this Section exceeds $250,000,000, the | 23 |
| excess over that amount shall be transferred to the General | 24 |
| Revenue Fund. | 25 |
| (d) All transfers redirected by this Section must be | 26 |
| completed by the State Comptroller and State Treasurer within 7 | 27 |
| days after the effective date of this amendatory Act of the | 28 |
| 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.
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