Public Act 094-0535
SB0635 Enrolled LRB094 04359 RCE 34388 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The State Finance Act is amended by changing
Section 8h and by adding Sections 5.640 and 6z-68 as follows:
    (30 ILCS 105/5.640 new)
    Sec. 5.640. The Intercity Passenger Rail Fund.
    (30 ILCS 105/6z-68 new)
    Sec. 6z-68. The Intercity Passenger Rail Fund.
    (a) The Intercity Passenger Rail Fund is created as a
special fund in the State treasury. Moneys in the Fund may be
used by the Department of Transportation, subject to
appropriation, for the operation of intercity passenger rail
services in the State through Amtrak or its successor.
    Moneys received for the purposes of this Section,
including, without limitation, income tax checkoff receipts
and gifts, grants, and awards from any public or private
entity, must be deposited into the Fund. Any interest earned on
moneys in the Fund must be deposited into the Fund.
    (b) At least one month before the beginning of each fiscal
year, the chief operating officer of Amtrak or its successor
must certify to the State Treasurer the number of Amtrak
tickets sold at the State rate during that current fiscal year.
    On the first day of that next fiscal year, or as soon
thereafter as practical, the State Treasurer must transfer,
from the General Revenue Fund to the Intercity Passenger Rail
Fund, an amount equal to the tickets certified by the chief
operating officer of Amtrak multiplied by $50.
    (30 ILCS 105/8h)
    Sec. 8h. Transfers to General Revenue Fund.
    (a) Except as provided in subsection (b), notwithstanding
any other State law to the contrary, the Governor may, through
June 30, 2007, from time to time 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.
The total transfer under this Section from any fund in any
fiscal year shall not exceed the lesser of (i) 8% of the
revenues to be deposited into the fund during that fiscal year
or (ii) an amount that leaves a remaining fund balance of 25%
of the July 1 fund balance of that fiscal year. In fiscal year
2005 only, prior to calculating the July 1, 2004 final
balances, the Governor may calculate and direct the State
Treasurer with the Comptroller to transfer additional amounts
determined by applying the formula authorized in Public Act
93-839 to the funds balances on July 1, 2003. No transfer may
be made from a fund under this Section that would have the
effect of reducing the available balance in the fund to an
amount less than the amount remaining unexpended and unreserved
from the total appropriation from that fund estimated to be
expended for that fiscal year. This Section does not apply to
any funds that are restricted by federal law to a specific use,
to any funds in the Motor Fuel Tax Fund, the Intercity
Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
Provider Relief Fund, or the Reviewing Court Alternative
Dispute Resolution Fund, or to any funds to which subsection
(f) of Section 20-40 of the Nursing and Advanced Practice
Nursing Act applies. Notwithstanding any other provision of
this Section, for fiscal year 2004, the total transfer under
this Section from the Road Fund or the State Construction
Account Fund shall not exceed the lesser of (i) 5% of the
revenues to be deposited into the fund during that fiscal year
or (ii) 25% of the beginning balance in the fund. For fiscal
year 2005 through fiscal year 2007, no amounts may be
transferred under this Section from the Road Fund, the State
Construction Account Fund, the Criminal Justice Information
Systems Trust Fund, the Wireless Service Emergency Fund, or the
Mandatory Arbitration Fund.
    In determining the available balance in a fund, the
Governor may include receipts, transfers into the fund, and
other resources anticipated to be available in the fund in that
fiscal year.
    The State Treasurer and Comptroller shall transfer the
amounts designated under this Section as soon as may be
practicable after receiving the direction to transfer from the
    (b) This Section does not apply to any fund established
under the Community Senior Services and Resources Act.
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2005