Full Text of SB1655 94th General Assembly
SB1655 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1655
Introduced 2/24/2005, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/8h |
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30 ILCS 105/8j |
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Amends the State Finance Act. Provides that the Governor may, through June 30, 2005 (now, June 30, 2007), direct the State Treasurer and Comptroller to transfer
a specified sum from any fund held by the State Treasurer to the General
Revenue Fund in order to help defray the State's operating costs for the
fiscal year. Provides that no transfers may be made in this manner after June 30, 2005. On January 1, 2006, or as soon as may be practical after than date, the State Treasurer and the Comptroller shall reverse all transfers previously made under this authority unless the General Assembly has specifically authorized the transfers prior to that date. Places the same restrictions and requires the same reverse transfers with respect to the allocation and transfer of amounts generated by certain new and increased fees. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB1655 |
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LRB094 11262 RSP 42027 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 | 5 |
| Sections 8h and 8j as follows: | 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, 2005
2007 , from time to time direct the State | 11 |
| Treasurer and Comptroller to transfer
a specified sum from any | 12 |
| fund held by the State Treasurer to the General
Revenue Fund in | 13 |
| order to help defray the State's operating costs for the
fiscal | 14 |
| year. The total transfer under this Section from any fund in | 15 |
| any
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, or the Reviewing Court | 32 |
| Alternative Dispute Resolution Fund, or to any
funds to which |
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SB1655 |
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LRB094 11262 RSP 42027 b |
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| subsection (f) of Section 20-40 of the Nursing and Advanced | 2 |
| Practice Nursing Act applies. Notwithstanding any
other | 3 |
| provision of this Section, for fiscal year 2004,
the total | 4 |
| transfer under this Section from the Road Fund or the State
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| Construction Account Fund shall not exceed the lesser of (i) 5% | 6 |
| of the revenues to be deposited
into the fund during that | 7 |
| fiscal year or (ii) 25% of the beginning balance in the fund.
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| For fiscal year 2005 through fiscal year 2007, no amounts may | 9 |
| be transferred under this Section from the Road Fund, the State | 10 |
| Construction Account Fund, the Criminal Justice Information | 11 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 12 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 14 |
| Governor
may include receipts, transfers into the fund, and | 15 |
| other
resources anticipated to be available in the fund in that | 16 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 18 |
| amounts designated
under this Section as soon as may be | 19 |
| practicable after receiving the direction
to transfer from the | 20 |
| Governor.
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| (b) This Section does not apply to any fund established | 22 |
| under the Community Senior Services and Resources Act.
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| (c) No transfers may be made under this Section after June | 24 |
| 30, 2005. On January 1, 2006, or as soon as may be practical | 25 |
| after than date, the State Treasurer and the Comptroller shall | 26 |
| reverse all transfers previously made under the authority of | 27 |
| this Section unless the General Assembly has specifically | 28 |
| authorized the transfers prior to that date.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 30 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 31 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 32 |
| 1-15-05.)
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| (30 ILCS 105/8j)
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| Sec. 8j. Allocation and transfer of fee receipts to General | 35 |
| Revenue Fund.
If and only if any one or more of Senate Bills |
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SB1655 |
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LRB094 11262 RSP 42027 b |
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| 774, 841, 842, and 1903 of
the 93rd General Assembly become | 2 |
| law, Notwithstanding any other law to the
contrary, through | 3 |
| June 30, 2005, additional amounts generated by the new and | 4 |
| increased fees created
or authorized by Public Acts 93-22, | 5 |
| 93-23, 93-24, and 93-32
these amendatory Acts of the 93rd | 6 |
| General Assembly
this amendatory Act of the 93rd General | 7 |
| Assembly and by Senate Bill 774,
Senate Bill 841, and Senate | 8 |
| Bill 842 of the 93rd General Assembly, if those
bills become | 9 |
| law, shall be allocated between the fund otherwise entitled to
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| receive the fee and the General Revenue Fund by the Governor's | 11 |
| Office of
Management and Budget
Bureau of the Budget . In | 12 |
| determining the amount of
the allocation to the General Revenue | 13 |
| Fund, the Director of the Governor's
Office of Management and | 14 |
| Budget
Bureau of the Budget shall calculate
whether the | 15 |
| available resources in the fund are sufficient to satisfy the
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| unexpended and unreserved appropriations from the fund for the | 17 |
| fiscal year.
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| In calculating the available resources in a fund, the | 19 |
| Director of the
Governor's Office of Management and Budget
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| Bureau of the Budget may
include receipts, transfers into the | 21 |
| fund, and other resources anticipated to
be available in the | 22 |
| fund in that fiscal year.
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| Upon determining the amount of an allocation to the General | 24 |
| Revenue Fund
under this Section, the Director of the Governor's | 25 |
| Office of Management
and Budget
Bureau of the Budget may direct | 26 |
| the State Treasurer and
Comptroller to transfer the amount of | 27 |
| that allocation from the fund in which
the fee amounts have | 28 |
| been deposited to the General Revenue Fund; provided,
however, | 29 |
| that the Director shall not direct the transfer of any amount | 30 |
| that
would have the effect of reducing the available resources | 31 |
| in the fund to an
amount less than the amount remaining | 32 |
| unexpended and unreserved from the total
appropriation from | 33 |
| that fund for that fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 35 |
| amounts designated
under this Section as soon as may be | 36 |
| practicable after receiving the direction
to transfer from the |
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LRB094 11262 RSP 42027 b |
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| Director of the Governor's Office of Management and
Budget
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| Bureau of the Budget .
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| After June 30, 2005, no funds may be allocated and | 4 |
| transferred under this Section to the General Revenue Fund. On | 5 |
| January 1, 2006, or as soon as may be practical after that | 6 |
| date, the Treasurer and the Comptroller shall reverse all | 7 |
| transfers previously made under the authority of this Section | 8 |
| unless the General Assembly has specifically authorized the | 9 |
| transfers prior to that date.
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| (Source: P.A. 93-25, eff. 6-20-03; 93-32, eff. 6-20-03; revised | 11 |
| 8-21-03.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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