Full Text of HB3628 95th General Assembly
HB3628eng 95TH GENERAL ASSEMBLY
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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 8.3 and 8h as follows:
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| (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
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| Sec. 8.3. Money in the Road Fund shall, if and when the | 8 |
| State of
Illinois incurs any bonded indebtedness for the | 9 |
| construction of
permanent highways, be set aside and used for | 10 |
| the purpose of paying and
discharging annually the principal | 11 |
| and interest on that bonded
indebtedness then due and payable, | 12 |
| and for no other purpose. The
surplus, if any, in the Road Fund | 13 |
| after the payment of principal and
interest on that bonded | 14 |
| indebtedness then annually due shall be used as
follows:
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| first -- to pay the cost of administration of Chapters | 16 |
| 2 through 10 of
the Illinois Vehicle Code, except the cost | 17 |
| of administration of Articles I and
II of Chapter 3 of that | 18 |
| Code; and
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| secondly -- for expenses of the Department of | 20 |
| Transportation for
construction, reconstruction, | 21 |
| improvement, repair, maintenance,
operation, and | 22 |
| administration of highways in accordance with the
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| provisions of laws relating thereto, or for any purpose |
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| related or
incident to and connected therewith, including | 2 |
| the separation of grades
of those highways with railroads | 3 |
| and with highways and including the
payment of awards made | 4 |
| by the Illinois Workers' Compensation Commission under the | 5 |
| terms of
the Workers' Compensation Act or Workers' | 6 |
| Occupational Diseases Act for
injury or death of an | 7 |
| employee of the Division of Highways in the
Department of | 8 |
| Transportation; or for the acquisition of land and the
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| erection of buildings for highway purposes, including the | 10 |
| acquisition of
highway right-of-way or for investigations | 11 |
| to determine the reasonably
anticipated future highway | 12 |
| needs; or for making of surveys, plans,
specifications and | 13 |
| estimates for and in the construction and maintenance
of | 14 |
| flight strips and of highways necessary to provide access | 15 |
| to military
and naval reservations, to defense industries | 16 |
| and defense-industry
sites, and to the sources of raw | 17 |
| materials and for replacing existing
highways and highway | 18 |
| connections shut off from general public use at
military | 19 |
| and naval reservations and defense-industry sites, or for | 20 |
| the
purchase of right-of-way, except that the State shall | 21 |
| be reimbursed in
full for any expense incurred in building | 22 |
| the flight strips; or for the
operating and maintaining of | 23 |
| highway garages; or for patrolling and
policing the public | 24 |
| highways and conserving the peace; or for the operating | 25 |
| expenses of the Department relating to the administration | 26 |
| of public transportation programs; or for any of
those |
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| purposes or any other purpose that may be provided by law.
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| Appropriations for any of those purposes are payable from | 3 |
| the Road
Fund. Appropriations may also be made from the Road | 4 |
| Fund for the
administrative expenses of any State agency that | 5 |
| are related to motor
vehicles or arise from the use of motor | 6 |
| vehicles.
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| Beginning with fiscal year 1980 and thereafter, no Road | 8 |
| Fund monies
shall be appropriated to the following Departments | 9 |
| or agencies of State
government for administration, grants, or | 10 |
| operations; but this
limitation is not a restriction upon | 11 |
| appropriating for those purposes any
Road Fund monies that are | 12 |
| eligible for federal reimbursement;
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| 1. Department of Public Health;
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| 2. Department of Transportation, only with respect to | 15 |
| subsidies for
one-half fare Student Transportation and | 16 |
| Reduced Fare for Elderly;
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| 3. Department of Central Management
Services, except | 18 |
| for expenditures
incurred for group insurance premiums of | 19 |
| appropriate personnel;
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| 4. Judicial Systems and Agencies.
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| Beginning with fiscal year 1981 and thereafter, no Road | 22 |
| Fund monies
shall be appropriated to the following Departments | 23 |
| or agencies of State
government for administration, grants, or | 24 |
| operations; but this
limitation is not a restriction upon | 25 |
| appropriating for those purposes any
Road Fund monies that are | 26 |
| eligible for federal reimbursement:
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| 1. Department of State Police, except for expenditures | 2 |
| with
respect to the Division of Operations;
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| 2. Department of Transportation, only with respect to | 4 |
| Intercity Rail
Subsidies and Rail Freight Services.
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| Beginning with fiscal year 1982 and thereafter, no Road | 6 |
| Fund monies
shall be appropriated to the following Departments | 7 |
| or agencies of State
government for administration, grants, or | 8 |
| operations; but this
limitation is not a restriction upon | 9 |
| appropriating for those purposes any
Road Fund monies that are | 10 |
| eligible for federal reimbursement: Department
of Central | 11 |
| Management Services, except for awards made by
the Illinois | 12 |
| Workers' Compensation Commission under the terms of the | 13 |
| Workers' Compensation Act
or Workers' Occupational Diseases | 14 |
| Act for injury or death of an employee of
the Division of | 15 |
| Highways in the Department of Transportation.
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| Beginning with fiscal year 1984 and thereafter, no Road | 17 |
| Fund monies
shall be appropriated to the following Departments | 18 |
| or agencies of State
government for administration, grants, or | 19 |
| operations; but this
limitation is not a restriction upon | 20 |
| appropriating for those purposes any
Road Fund monies that are | 21 |
| eligible for federal reimbursement:
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| 1. Department of State Police, except not more than 40% | 23 |
| of the
funds appropriated for the Division of Operations;
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| 2. State Officers.
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| Beginning with fiscal year 1984 and thereafter, no Road | 26 |
| Fund monies
shall be appropriated to any Department or agency |
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| of State government
for administration, grants, or operations | 2 |
| except as provided hereafter;
but this limitation is not a | 3 |
| restriction upon appropriating for those
purposes any Road Fund | 4 |
| monies that are eligible for federal
reimbursement. It shall | 5 |
| not be lawful to circumvent the above
appropriation limitations | 6 |
| by governmental reorganization or other
methods. | 7 |
| Appropriations shall be made from the Road Fund only in
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| accordance with the provisions of this Section.
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| Money in the Road Fund shall, if and when the State of | 10 |
| Illinois
incurs any bonded indebtedness for the construction of | 11 |
| permanent
highways, be set aside and used for the purpose of | 12 |
| paying and
discharging during each fiscal year the principal | 13 |
| and interest on that
bonded indebtedness as it becomes due and | 14 |
| payable as provided in the
Transportation Bond Act, and for no | 15 |
| other
purpose. The surplus, if any, in the Road Fund after the | 16 |
| payment of
principal and interest on that bonded indebtedness | 17 |
| then annually due
shall be used as follows:
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| first -- to pay the cost of administration of Chapters | 19 |
| 2 through 10
of the Illinois Vehicle Code; and
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| secondly -- no Road Fund monies derived from fees, | 21 |
| excises, or
license taxes relating to registration, | 22 |
| operation and use of vehicles on
public highways or to | 23 |
| fuels used for the propulsion of those vehicles,
shall be | 24 |
| appropriated or expended other than for costs of | 25 |
| administering
the laws imposing those fees, excises, and | 26 |
| license taxes, statutory
refunds and adjustments allowed |
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| thereunder, administrative costs of the
Department of | 2 |
| Transportation, including, but not limited to, the | 3 |
| operating expenses of the Department relating to the | 4 |
| administration of public transportation programs, payment | 5 |
| of debts and liabilities incurred
in construction and | 6 |
| reconstruction of public highways and bridges,
acquisition | 7 |
| of rights-of-way for and the cost of construction,
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| reconstruction, maintenance, repair, and operation of | 9 |
| public highways and
bridges under the direction and | 10 |
| supervision of the State, political
subdivision, or | 11 |
| municipality collecting those monies, and the costs for
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| patrolling and policing the public highways (by State, | 13 |
| political
subdivision, or municipality collecting that | 14 |
| money) for enforcement of
traffic laws. The separation of | 15 |
| grades of such highways with railroads
and costs associated | 16 |
| with protection of at-grade highway and railroad
crossing | 17 |
| shall also be permissible.
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| Appropriations for any of such purposes are payable from | 19 |
| the Road
Fund or the Grade Crossing Protection Fund as provided | 20 |
| in Section 8 of
the Motor Fuel Tax Law.
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| Except as provided in this paragraph, beginning with fiscal | 22 |
| year 1991 and
thereafter, no Road Fund monies
shall be | 23 |
| appropriated to the Department of State Police for the purposes | 24 |
| of
this Section in excess of its total fiscal year 1990 Road | 25 |
| Fund
appropriations for those purposes unless otherwise | 26 |
| provided in Section 5g of
this Act.
For fiscal years 2003,
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| 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be | 2 |
| appropriated to the
Department of State Police for the purposes | 3 |
| of this Section in excess of
$97,310,000.
It shall not be | 4 |
| lawful to circumvent this limitation on
appropriations by | 5 |
| governmental reorganization or other methods unless
otherwise | 6 |
| provided in Section 5g of this Act.
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| In fiscal year 1994, no Road Fund monies shall be | 8 |
| appropriated
to the
Secretary of State for the purposes of this | 9 |
| Section in excess of the total
fiscal year 1991 Road Fund | 10 |
| appropriations to the Secretary of State for
those purposes, | 11 |
| plus $9,800,000. It
shall not be
lawful to circumvent
this | 12 |
| limitation on appropriations by governmental reorganization or | 13 |
| other
method.
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| Beginning with fiscal year 1995 and thereafter, no Road | 15 |
| Fund
monies
shall be appropriated to the Secretary of State for | 16 |
| the purposes of this
Section in excess of the total fiscal year | 17 |
| 1994 Road Fund
appropriations to
the Secretary of State for | 18 |
| those purposes. It shall not be lawful to
circumvent this | 19 |
| limitation on appropriations by governmental reorganization
or | 20 |
| other methods.
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| Beginning with fiscal year 2000, total Road Fund | 22 |
| appropriations to the
Secretary of State for the purposes of | 23 |
| this Section shall not exceed the
amounts specified for the | 24 |
| following fiscal years:
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25 | | Fiscal Year 2000 |
$80,500,000; |
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26 | | Fiscal Year 2001 |
$80,500,000; |
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| 1 | | Fiscal Year 2002 |
$80,500,000; |
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2 | | Fiscal Year 2003 |
$130,500,000; |
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3 | | Fiscal Year 2004 |
$130,500,000; |
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4 | | Fiscal Year 2005 |
$130,500,000;
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5 | | Fiscal Year 2006
| $130,500,000;
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6 | | Fiscal Year 2007
| $130,500,000;
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7 | | Fiscal Year 2008 and |
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8 | | each year thereafter |
$30,500,000. |
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| It shall not be lawful to circumvent this limitation on | 10 |
| appropriations by
governmental reorganization or other | 11 |
| methods.
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| No new program may be initiated in fiscal year 1991 and
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| thereafter that is not consistent with the limitations imposed | 14 |
| by this
Section for fiscal year 1984 and thereafter, insofar as | 15 |
| appropriation of
Road Fund monies is concerned.
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| Nothing in this Section prohibits transfers from the Road | 17 |
| Fund to the
State Construction Account Fund under Section 5e of | 18 |
| this Act; nor to the
General Revenue Fund, as authorized by | 19 |
| this amendatory Act of
the 93rd
General Assembly.
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| The additional amounts authorized for expenditure in this | 21 |
| Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
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| shall be repaid to the Road Fund
from the General Revenue Fund | 23 |
| in the next succeeding fiscal year that the
General Revenue | 24 |
| Fund has a positive budgetary balance, as determined by
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| generally accepted accounting principles applicable to | 26 |
| government.
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HB3628 Engrossed |
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LRB095 10576 RCE 30797 b |
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| Beginning with fiscal year 2008 and thereafter, no Road | 2 |
| Fund moneys may be
appropriated to the Department of Central
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| Management Services, the Department of Employment
Security, | 4 |
| the Department of Revenue, the Court of Claims, or any other | 5 |
| State
agency (other than the Department of State Police and the | 6 |
| Department of
Transportation and the Secretary of State) for | 7 |
| the
purposes of this Section.
Appropriations to those
entities | 8 |
| for those purposes shall,
instead, be made from the General | 9 |
| Revenue Fund. It shall not be lawful to
circumvent this | 10 |
| limitation on appropriations by governmental reorganization or
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| other methods. Nothing in this paragraph prohibits | 12 |
| appropriations from the
Road Fund to the Department of State | 13 |
| Police for the purposes of the
highway patrol budget only.
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| The additional amounts authorized for expenditure by the | 15 |
| Secretary of State
and
the Department of State Police in this | 16 |
| Section by this amendatory Act of the
94th General Assembly | 17 |
| shall be repaid to the Road Fund from the General Revenue Fund | 18 |
| in the
next
succeeding fiscal year that the General Revenue | 19 |
| Fund has a positive budgetary
balance,
as determined by | 20 |
| generally accepted accounting principles applicable to
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| government.
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| (Source: P.A. 93-25, eff. 6-20-03; 93-721, eff. 1-1-05; 93-839, | 23 |
| eff. 7-30-04; 94-91, eff. 7-1-05; 94-839, eff. 6-6-06.)
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. |
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| (a) Except as otherwise provided in this Section and | 2 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding | 3 |
| any other
State law to the contrary, the Governor
may, through | 4 |
| June 30, 2007, from time to time direct the State Treasurer and | 5 |
| Comptroller to transfer
a specified sum from any fund held by | 6 |
| the State Treasurer to the General
Revenue Fund in order to | 7 |
| help defray the State's operating costs for the
fiscal year. | 8 |
| 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 | 10 |
| revenues to be deposited
into the fund during that fiscal year | 11 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 12 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 13 |
| 2005 only, prior to calculating the July 1, 2004 final | 14 |
| balances, the Governor may calculate and direct the State | 15 |
| Treasurer with the Comptroller to transfer additional amounts | 16 |
| determined by applying the formula authorized in Public Act | 17 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 18 |
| 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 | 20 |
| amount less than
the amount remaining unexpended and unreserved | 21 |
| from the total appropriation
from that fund estimated to be | 22 |
| expended for that fiscal year. This Section does not apply to | 23 |
| any
funds that are restricted by federal law to a specific use, | 24 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity | 25 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 26 |
| Provider Relief Fund, the Teacher Health Insurance Security |
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HB3628 Engrossed |
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| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 2 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, | 3 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal | 4 |
| Projects Fund, the Supreme Court Special State Projects Fund, | 5 |
| the Supplemental Low-Income Energy Assistance Fund, the Good | 6 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | 7 |
| Facility Development and Operation Fund, the Horse Racing | 8 |
| Equity Trust Fund, or the Hospital Basic Services Preservation | 9 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 10 |
| of the Nursing and Advanced Practice Nursing Act applies. No | 11 |
| transfers may be made under this Section from the Pet | 12 |
| Population Control Fund. Notwithstanding any
other provision | 13 |
| of this Section, for fiscal year 2004,
the total transfer under | 14 |
| this Section from the Road Fund or the State
Construction | 15 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 16 |
| revenues to be deposited
into the fund during that fiscal year | 17 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 18 |
| year 2005 through fiscal year 2007, no amounts may be | 19 |
| transferred under this Section from the Road Fund, the State | 20 |
| Construction Account Fund, the Criminal Justice Information | 21 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 22 |
| Mandatory Arbitration Fund. No transfers may be made under this | 23 |
| Section from the Road Fund or the State
Construction Account | 24 |
| Fund on or after the effective date of this amendatory Act
of | 25 |
| the
95th General Assembly.
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| In determining the available balance in a fund, the |
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| Governor
may include receipts, transfers into the fund, and | 2 |
| other
resources anticipated to be available in the fund in that | 3 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 5 |
| amounts designated
under this Section as soon as may be | 6 |
| practicable after receiving the direction
to transfer from the | 7 |
| Governor.
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| (a-5) Transfers directed to be made under this Section on | 9 |
| or before February 28, 2006 that are still pending on May 19, | 10 |
| 2006 ( the effective date of Public Act 94-774)
this amendatory | 11 |
| Act of the 94th General Assembly shall be redirected as | 12 |
| provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The | 14 |
| Cure Fund; (ii) any fund established under the Community Senior | 15 |
| Services and Resources Act; or (iii) on or after January 1, | 16 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 17 |
| and Day and Temporary Labor Enforcement Fund. | 18 |
| (c) This Section does not apply to the Demutualization | 19 |
| Trust Fund established under the Uniform Disposition of | 20 |
| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the | 22 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 23 |
| scholarships and residency programs under the Podiatric | 24 |
| Scholarship and Residency Act. | 25 |
| (e) Subsection (a) does not apply to, and no transfer may | 26 |
| be made under this Section from, the Pension Stabilization |
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| Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 3 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 4 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 5 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 6 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 7 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 8 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | 9 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | 10 |
| eff. 6-6-06; revised 6-19-06.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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