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90_SB0826 New Act 30 ILCS 105/5.449 new Creates the Rainy Day and Education First Act and amends the State Finance Act. Creates the Revenue Stabilization Fund as a special fund within the State treasury for use in meeting the State's obligations and casual deficits. Provides that for any year when the State's estimated general funds revenues exceed the prior year's general funds revenues by more than 4% the Governor shall submit a proposed budget to the General Assembly that includes transfers into the Revenue Stabilization Fund of an amount not less than 0.25% of the anticipated general funds revenues. Provides that the General Assembly shall appropriate no less than 0.25% of the estimated revenues to the Revenue Stabilization Fund. Provides for the transfer of funds into the Revenue Stabilization Fund. Sets a maximum Revenue Stabilization Fund balance and provides for transfers into the Educational Assistance Fund when that maximum is met. Effective immediately. LRB9002142MWpcB LRB9002142MWpcB 1 AN ACT concerning State revenue stabilization. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Rainy Day and Education First Act. 6 Section 5. Revenue Stabilization Fund. The Revenue 7 Stabilization Fund, referred to in this Act as the "Fund", is 8 established as a special fund in the State treasury to retain 9 State revenues for future needs, reduce the need for future 10 tax increases, and provide available resources to meet State 11 obligations whenever casual deficits or failures in revenues 12 occur. 13 Section 10. Payments into the Revenue Stabilization 14 Fund. 15 (a) For any fiscal year in which the anticipated 16 revenues into the State's general funds are estimated by the 17 Governor to exceed the prior year's general funds revenues by 18 more than 4%, the Governor shall submit to the General 19 Assembly a proposed budget that includes transfers into the 20 Revenue Stabilization Fund of an amount not less than 0.25% 21 of the anticipated general funds revenues. 22 (b) In any year that the Governor includes payments to 23 the Revenue Stabilization Fund in the State budget, the 24 General Assembly shall appropriate amounts for payment into 25 the Revenue Stabilization Fund for each fiscal year so that 26 the total amount appropriated is sufficient to allow for the 27 payment of no less than 0.25% of estimated revenues into the 28 State's general funds. 29 (c) Beginning on July 1 of each fiscal year, and the 1st 30 day of each subsequent month of the fiscal year, or as soon -2- LRB9002142MWpcB 1 thereafter as may be possible, the Comptroller shall order 2 paid and the Treasurer shall pay 0.25% of revenues from the 3 prior month into the Revenue Stabilization Fund. 4 (d) As soon as practical after January 1 of each year, 5 the Comptroller and Treasurer shall calculate the total 6 amount of revenues into the State's general funds during the 7 preceding 6 months. If the revenues into the general funds 8 during that period exceed the amount of revenues for the 9 first 6 months of the preceding fiscal year by more than 4% 10 and there are no appropriations for payments into the Revenue 11 Stabilization Fund, the Comptroller shall direct and the 12 Treasurer shall pay 0.25% of all subsequent general funds 13 revenues each month for the remainder of the fiscal year into 14 the Revenue Stabilization Fund. For the purpose of making 15 the transfers and payments required by this paragraph, there 16 are hereby appropriated from the General Revenue Fund to the 17 Comptroller, on a continuing basis, sums equal to the amount 18 of 0.25% of general funds revenues for the sole purpose of 19 funding the Revenue Stabilization Fund. 20 (e) If the balance in the Fund as of June 30 of the 21 fiscal year exceeds the greater of $350,000,000 or 2% of the 22 total general funds revenues for that year, any subsequent 23 transfer required by this Section shall be made into the 24 Educational Assistance Fund for the benefit of public 25 education, with no offsetting reduction in funding from any 26 other funding source. 27 (f) At any time during the fiscal year, the Governor, 28 Comptroller, and Treasurer may agree to suspend any payments 29 required by this Section. Payment into the Revenue 30 Stabilization Fund shall resume during the fiscal year upon 31 the agreement of the Governor, Comptroller, and Treasurer. 32 Section 15. Use of Fund. The Governor, Comptroller, and 33 Treasurer may, upon a determination that there are -3- LRB9002142MWpcB 1 insufficient resources available within the general funds of 2 the State to meet the State's obligations, direct the 3 transfer of moneys in the Fund to the general funds of the 4 State. The timing and the amount of those transfers shall be 5 as specified by the Governor, Comptroller, and Treasurer. 6 Section 95. The State Finance Act is amended by adding 7 Section 5.449 as follows: 8 (30 ILCS 105/5.449 new) 9 Sec. 5.449. The Revenue Stabilization Fund. 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.