Public Act 094-0058
Public Act 0058 94TH GENERAL ASSEMBLY
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Public Act 094-0058
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| SB0662 Enrolled |
LRB094 04385 RCE 34414 b |
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| AN ACT concerning finance.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Mental Health and Developmental | Disabilities Administrative Act is amended by changing Section | 18.4 as follows:
| (20 ILCS 1705/18.4)
| Sec. 18.4. Community Mental Health Medicaid Trust Fund; | reimbursement.
| (a) The Community Mental Health Medicaid Trust Fund is | hereby created
in the State Treasury.
| (b) Except as otherwise provided in this Section, effective | in the first fiscal year following repayment of interfund | transfers under subsection (b-1), the first $73,000,000
any
| funds paid to the State by the federal government under Title | XIX
or Title XXI of the Social Security Act for services | delivered by community
mental health services providers, and | any interest earned thereon, shall be
deposited directly into | the Community Mental Health Medicaid Trust Fund. The next | $25,000,000 shall be deposited
Beginning with State fiscal year | 2005, the first $95,000,000 received by the Department shall be | deposited 26.3% into the General Revenue Fund and 73.7% into | the Community Mental Health Medicaid Trust Fund. Amounts | received in excess of $98,000,000
$95,000,000 in any State | fiscal year after fiscal year 2006 shall be deposited 50% into | the General Revenue Fund and 50% into the Community Mental | Health Medicaid Trust Fund. The Department shall analyze the | budgeting and programmatic impact of this funding allocation | and report to the Governor and the General Assembly the results | of this analysis and any recommendations for change, no later | than December 31, 2005.
| (b-1) For State fiscal year 2005, the first $73,000,000 in |
| any funds paid to the State by the federal government under | Title XIX or Title XXI of the Social Security Act for services | delivered by community mental health services providers, and | any interest earned thereon, shall be deposited directly into | the Community Mental Health Trust Fund before any deposits are | made into the General Revenue Fund. The next $25,000,000, less | any deposits made prior to the effective date of this | amendatory Act of the 94th General Assembly, shall be deposited | into the General Revenue Fund. Amounts received in excess of | $98,000,000 shall be deposited 50% into the General Revenue | Fund and 50% into the Community Mental Health Medicaid Trust | Fund. At the direction of the Director of Public Aid, on April | 1, 2005, or as soon thereafter as practical, the Comptroller | shall direct and the State Treasurer shall transfer amounts not | to exceed $14,000,000 into the Community Mental Health Medicaid | Fund from the Public Aid Recoveries Trust Fund. | (b-2) For State fiscal year 2006, and in subsequent fiscal | years until any transfers under subsection (b-1) are repaid, | the first $73,000,000 in any funds paid to the State by the | federal government under Title XIX or Title XXI of the Social | Security Act for services delivered by community mental health | services providers, and any interest earned thereon, shall be | deposited directly into the Community Mental Health Trust Fund. | Then the next $14,000,000, or such amount as was transferred | under subsection (b-1) at the direction of the Director of | Public Aid, shall be deposited into the Public Aid Recoveries | Trust Fund. The next $11,000,000 shall be deposited into the | General Revenue Fund. Any additional amounts received shall be | deposited 50% into the General Revenue Fund and 50% into the | Community Mental Health Medicaid Trust Fund.
| (c) The Department shall reimburse community mental health | services
providers for Medicaid-reimbursed mental health | services provided to eligible
individuals. Moneys in the | Community Mental Health Medicaid Trust Fund may be
used for | that purpose.
| (d) As used in this Section:
|
| "Medicaid-reimbursed mental health services" means | services provided by a
community mental health provider under | an agreement with the Department that
is eligible for | reimbursement under the federal Title XIX program or Title XXI
| program.
| "Provider" means a community agency that is funded by the | Department to
provide a Medicaid-reimbursed service.
| "Services" means mental health services provided under one | of the
following programs:
| (1) Medicaid Clinic Option;
| (2) Medicaid Rehabilitation Option;
| (3) Targeted Case Management.
| (Source: P.A. 92-597, eff. 6-28-02; 93-841, eff. 7-30-04.)
| Section 10. The State Finance Act is amended by changing | Section 8g as follows:
| (30 ILCS 105/8g)
| Sec. 8g. Fund transfers.
| (a) In addition to any other transfers that may be provided | for by law, as
soon as may be practical after the effective | date of this amendatory Act of
the 91st General Assembly, the | State Comptroller shall direct and the State
Treasurer shall | transfer the sum of $10,000,000 from the General Revenue Fund
| to the Motor Vehicle License Plate Fund created by Senate Bill | 1028 of the 91st
General Assembly.
| (b) In addition to any other transfers that may be provided | for by law, as
soon as may be practical after the effective | date of this amendatory Act of
the 91st General Assembly, the | State Comptroller shall direct and the State
Treasurer shall | transfer the sum of $25,000,000 from the General Revenue Fund
| to the Fund for Illinois' Future created by Senate Bill 1066 of | the 91st
General Assembly.
| (c) In addition to any other transfers that may be provided | for by law,
on August 30 of each fiscal year's license period, | the Illinois Liquor Control
Commission shall direct and the |
| State Comptroller and State Treasurer shall
transfer from the | General Revenue Fund to the Youth Alcoholism and Substance
| Abuse Prevention Fund an amount equal to the number of retail | liquor licenses
issued for that fiscal year multiplied by $50.
| (d) The payments to programs required under subsection (d) | of Section 28.1
of the Horse Racing Act of 1975 shall be made, | pursuant to appropriation, from
the special funds referred to | in the statutes cited in that subsection, rather
than directly | from the General Revenue Fund.
| Beginning January 1, 2000, on the first day of each month, | or as soon
as may be practical thereafter, the State | Comptroller shall direct and the
State Treasurer shall transfer | from the General Revenue Fund to each of the
special funds from | which payments are to be made under Section 28.1(d) of the
| Horse Racing Act of 1975 an amount equal to 1/12 of the annual | amount required
for those payments from that special fund, | which annual amount shall not exceed
the annual amount for | those payments from that special fund for the calendar
year | 1998. The special funds to which transfers shall be made under | this
subsection (d) include, but are not necessarily limited | to, the Agricultural
Premium Fund; the Metropolitan Exposition | Auditorium and Office Building Fund;
the Fair and Exposition | Fund; the Standardbred Breeders Fund; the Thoroughbred
| Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
| (e) In addition to any other transfers that may be provided | for by law,
as soon as may be practical after the effective | date of this amendatory Act of
the 91st General Assembly, but | in no event later than June 30, 2000, the State
Comptroller | shall direct and the State Treasurer shall transfer the sum of
| $15,000,000 from the General Revenue Fund to the Fund for | Illinois' Future.
| (f) In addition to any other transfers that may be provided | for by law,
as soon as may be practical after the effective | date of this amendatory Act of
the 91st General Assembly, but | in no event later than June 30, 2000, the State
Comptroller | shall direct and the State Treasurer shall transfer the sum of
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| $70,000,000 from the General Revenue Fund to the Long-Term Care | Provider
Fund.
| (f-1) In fiscal year 2002, in addition to any other | transfers that may
be provided for by law, at the direction of | and upon notification from the
Governor, the State Comptroller | shall direct and the State Treasurer shall
transfer amounts not | exceeding a total of $160,000,000 from the General
Revenue Fund | to the Long-Term Care Provider Fund.
| (g) In addition to any other transfers that may be provided | for by law,
on July 1, 2001, or as soon thereafter as may be | practical, the State
Comptroller shall direct and the State | Treasurer shall transfer the sum of
$1,200,000 from the General | Revenue Fund to the Violence Prevention Fund.
| (h) In each of fiscal years 2002 through 2004, but not
| thereafter, in
addition to any other transfers that may be | provided for by law, the State
Comptroller shall direct and the | State Treasurer shall transfer $5,000,000
from the General | Revenue Fund to the Tourism Promotion Fund.
| (i) On or after July 1, 2001 and until May 1, 2002, in | addition to any
other transfers that may be provided for by | law, at the direction of and upon
notification from the | Governor, the State Comptroller shall direct and the
State | Treasurer shall transfer amounts not exceeding a total of | $80,000,000
from the General Revenue Fund to the Tobacco | Settlement Recovery Fund.
Any amounts so transferred shall be | re-transferred by the State Comptroller
and the State Treasurer | from the Tobacco Settlement Recovery Fund to the
General | Revenue Fund at the direction of and upon notification from the
| Governor, but in any event on or before June 30, 2002.
| (i-1) On or after July 1, 2002 and until May 1, 2003, in | addition to any
other transfers that may be provided for by | law, at the direction of and upon
notification from the | Governor, the State Comptroller shall direct and the
State | Treasurer shall transfer amounts not exceeding a total of | $80,000,000
from the General Revenue Fund to the Tobacco | Settlement Recovery Fund.
Any amounts so transferred shall be |
| re-transferred by the State Comptroller
and the State Treasurer | from the Tobacco Settlement Recovery Fund to the
General | Revenue Fund at the direction of and upon notification from the
| Governor, but in any event on or before June 30, 2003.
| (j) On or after July 1, 2001 and no later than June 30, | 2002, in addition to
any other transfers that may be provided | for by law, at the direction of and
upon notification from the | Governor, the State Comptroller shall direct and the
State | Treasurer shall transfer amounts not to exceed the following | sums into
the Statistical Services Revolving Fund:
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From the General Revenue Fund................. |
$8,450,000 |
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From the Public Utility Fund.................. |
1,700,000 |
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From the Transportation Regulatory Fund....... |
2,650,000 |
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From the Title III Social Security and |
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Employment Fund.............................. |
3,700,000 |
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From the Professions Indirect Cost Fund....... |
4,050,000 |
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From the Underground Storage Tank Fund........ |
550,000 |
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From the Agricultural Premium Fund............ |
750,000 |
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From the State Pensions Fund.................. |
200,000 |
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From the Road Fund............................ |
2,000,000 |
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From the Health Facilities |
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Planning Fund................................ |
1,000,000 |
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From the Savings and Residential Finance |
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Regulatory Fund.............................. |
130,800 |
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From the Appraisal Administration Fund........ |
28,600 |
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From the Pawnbroker Regulation Fund........... |
3,600 |
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From the Auction Regulation |
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Administration Fund.......................... |
35,800 |
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From the Bank and Trust Company Fund.......... |
634,800 |
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From the Real Estate License |
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Administration Fund.......................... |
313,600 |
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(k) In addition to any other transfers that may be provided | for by law,
as soon as may be practical after the effective | date of this amendatory Act of
the 92nd General Assembly, the | State Comptroller shall direct and the State
Treasurer shall | transfer the sum of $2,000,000 from the General Revenue Fund
to |
| the Teachers Health Insurance Security Fund.
| (k-1) In addition to any other transfers that may be | provided for by
law, on July 1, 2002, or as soon as may be | practical thereafter, the State
Comptroller shall direct and | the State Treasurer shall transfer the sum of
$2,000,000 from | the General Revenue Fund to the Teachers Health Insurance
| Security Fund.
| (k-2) In addition to any other transfers that may be | provided for by
law, on July 1, 2003, or as soon as may be | practical thereafter, the State
Comptroller shall direct and | the State Treasurer shall transfer the sum of
$2,000,000 from | the General Revenue Fund to the Teachers Health Insurance
| Security Fund.
| (k-3) On or after July 1, 2002 and no later than June 30, | 2003, in
addition to any other transfers that may be provided | for by law, at the
direction of and upon notification from the | Governor, the State Comptroller
shall direct and the State | Treasurer shall transfer amounts not to exceed the
following | sums into the Statistical Services Revolving Fund:
|
|
Appraisal Administration Fund................. |
$150,000 |
|
General Revenue Fund.......................... |
10,440,000 |
|
Savings and Residential Finance |
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Regulatory Fund........................... |
200,000 |
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State Pensions Fund........................... |
100,000 |
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Bank and Trust Company Fund................... |
100,000 |
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Professions Indirect Cost Fund................ |
3,400,000 |
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Public Utility Fund........................... |
2,081,200 |
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Real Estate License Administration Fund....... |
150,000 |
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Title III Social Security and |
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Employment Fund........................... |
1,000,000 |
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Transportation Regulatory Fund................ |
3,052,100 |
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Underground Storage Tank Fund................. |
50,000 |
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(l) In addition to any other transfers that may be provided | for by law, on
July 1, 2002, or as soon as may be practical | thereafter, the State Comptroller
shall direct and the State | Treasurer shall transfer the sum of $3,000,000 from
the General |
| Revenue Fund to the Presidential Library and Museum Operating
| Fund.
| (m) In addition to any other transfers that may be provided | for by law, on
July 1, 2002 and on the effective date of this | amendatory Act of the 93rd
General Assembly, or as soon | thereafter as may be practical, the State Comptroller
shall | direct and the State Treasurer shall transfer the sum of | $1,200,000 from
the General Revenue Fund to the Violence | Prevention Fund.
| (n) In addition to any other transfers that may be provided | for by law,
on July 1,
2003, or as soon thereafter as may be | practical, the State Comptroller shall
direct and the
State | Treasurer shall transfer the sum of $6,800,000 from the General | Revenue
Fund to
the DHS Recoveries Trust Fund.
| (o) On or after July 1, 2003, and no later than June 30, | 2004, in
addition to any
other transfers that may be provided | for by law, at the direction of and upon
notification
from the | Governor, the State Comptroller shall direct and the State | Treasurer
shall
transfer amounts not to exceed the following | sums into the Vehicle Inspection
Fund:
|
|
From the Underground Storage Tank Fund ....... |
$35,000,000. |
|
(p) On or after July 1, 2003 and until May 1, 2004, in | addition to any
other
transfers that may be provided for by | law, at the direction of and upon
notification from
the | Governor, the State Comptroller shall direct and the State | Treasurer shall
transfer
amounts not exceeding a total of | $80,000,000 from the General Revenue Fund to
the
Tobacco | Settlement Recovery Fund. Any amounts so transferred shall be
| re-transferred
from the Tobacco Settlement Recovery Fund to the | General Revenue Fund at the
direction of and upon notification | from the Governor, but in any event on or
before June
30, 2004.
| (q) In addition to any other transfers that may be provided | for by law, on
July 1,
2003, or as soon as may be practical | thereafter, the State Comptroller shall
direct and the
State | Treasurer shall transfer the sum of $5,000,000 from the General | Revenue
Fund to
the Illinois Military Family Relief Fund.
|
| (r) In addition to any other transfers that may be provided | for by law, on
July 1,
2003, or as soon as may be practical | thereafter, the State Comptroller shall
direct and the
State | Treasurer shall transfer the sum of $1,922,000 from the General | Revenue
Fund to
the Presidential Library and Museum Operating | Fund.
| (s) In addition to any other transfers that may be provided | for by law, on
or after
July 1, 2003, the State Comptroller | shall direct and the State Treasurer shall
transfer the
sum of | $4,800,000 from the Statewide Economic Development Fund to the | General
Revenue Fund.
| (t) In addition to any other transfers that may be provided | for by law, on
or after
July 1, 2003, the State Comptroller | shall direct and the State Treasurer shall
transfer the
sum of | $50,000,000 from the General Revenue Fund to the Budget | Stabilization
Fund.
| (u) On or after July 1, 2004 and until May 1, 2005, in | addition to any other transfers that may be provided for by | law, at the direction of and upon notification from the | Governor, the State Comptroller shall direct and the State | Treasurer shall transfer amounts not exceeding a total of | $80,000,000 from the General Revenue Fund to the Tobacco | Settlement Recovery Fund. Any amounts so transferred shall be | retransferred by the State Comptroller and the State Treasurer | from the Tobacco Settlement Recovery Fund to the General | Revenue Fund at the direction of and upon notification from the | Governor, but in any event on or before June 30, 2005.
| (v) In addition to any other transfers that may be provided | for by law, on July 1, 2004, or as soon thereafter as may be | practical, the State Comptroller shall direct and the State | Treasurer shall transfer the sum of $1,200,000 from the General | Revenue Fund to the Violence Prevention Fund. | (w) In addition to any other transfers that may be provided | for by law, on July 1, 2004, or as soon thereafter as may be | practical, the State Comptroller shall direct and the State | Treasurer shall transfer the sum of $6,445,000 from the General |
| Revenue Fund to the Presidential Library and Museum Operating | Fund.
| (x) In addition to any other transfers that may be provided | for by law, on January 15, 2005, or as soon thereafter as may | be practical, the State Comptroller shall direct and the State | Treasurer shall transfer to the General Revenue Fund the | following sums: | From the State Crime Laboratory Fund, $200,000; | From the State Police Wireless Service Emergency Fund, | $200,000; | From the State Offender DNA Identification System | Fund, $800,000; and | From the State Police Whistleblower Reward and | Protection Fund, $500,000.
| (y) In addition to any other transfers that may be provided | for by law, on April 1, 2005, or as soon thereafter as may be | practical, at the direction of the Director of Public Aid, the | State Comptroller shall direct and the State Treasurer shall | transfer from the Public Aid Recoveries Trust Fund amounts not | to exceed $14,000,000 to the Community Mental Health Medicaid | Trust Fund.
| (Source: P.A. 92-11, eff. 6-11-01; 92-505, eff. 12-20-01; | 92-600, eff. 6-28-02; 93-32, eff. 6-20-03; 93-648, eff. 1-8-04; | 93-839, eff. 7-30-04; 93-1067, eff. 1-15-05.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 6/17/2005
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