Illinois General Assembly - Full Text of Public Act 094-0726
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Public Act 094-0726


 

Public Act 0726 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0726
 
SB0158 Enrolled LRB094 06513 RAS 36601 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. The State Finance Act is amended by changing
Section 8h as follows:
 
    (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 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
Governor.
    (b) This Section does not apply to any fund established
under the Community Senior Services and Resources Act.
    (c) This Section does not apply to moneys set aside in the
Illinois State Podiatric Disciplinary Fund for podiatric
scholarships and residency programs under the Podiatric
Scholarship and Residency 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.
1-15-05.)
 
    Section 5. The Podiatric Medical Practice Act of 1987 is
amended by changing Section 19 as follows:
 
    (225 ILCS 100/19)  (from Ch. 111, par. 4819)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 19. Disciplinary Fund. All fees and fines received by
the Department under this Act shall be deposited in the
Illinois State Podiatric Disciplinary Fund, a special fund
created hereunder in the State Treasury. Of the moneys
deposited into the Illinois State Podiatric Disciplinary Fund,
during each 2-year renewal period, $200,000 15% of the money
received from the payment of renewal fees shall be used for
podiatric scholarships and residency programs under the
Podiatric Scholarship and Residency Act and the remainder shall
be appropriated to the Department for expenses of the
Department and of the Podiatric Medical Licensing Board and for
podiatric scholarships and residency programs under the
Podiatric Scholarship and Residency Act.
    Moneys in the Illinois State Podiatric Disciplinary Fund
may be invested and reinvested in investments authorized for
the investment of funds of the State Employees' Retirement
System of Illinois.
    All earnings received from such investments shall be
deposited in the Illinois State Podiatric Disciplinary Fund and
may be used for the same purposes as fees deposited in such
fund.
    Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of the
Department of Professional Regulation Law (20 ILCS
2105/2105-300).
    Moneys set aside for podiatric scholarships and residency
programs under the Podiatric Scholarship and Residency Act, as
provided for in this Section, may not be transferred under
Section 8h of the State Finance Act.
    Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act which includes an
audit of the Illinois State Podiatric Disciplinary Fund, the
Department shall make the audit open to inspection by any
interested person.
(Source: P.A. 90-76, eff. 12-30-97; 90-372, eff. 7-1-98;
91-239, eff. 1-1-00.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 1/20/2006