Illinois General Assembly - Full Text of Public Act 094-0774
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Public Act 094-0774


 

Public Act 0774 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0774
 
SB0014 Enrolled LRB094 07034 AJO 37176 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
Sections 8h and 8j and by adding Section 8n as follows:
 
    (30 ILCS 105/8h)
    Sec. 8h. Transfers to General Revenue Fund.
    (a) Except as otherwise provided in this Section and
Section 8n of this Act, and 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, the
Teacher Health Insurance Security Fund, the Reviewing Court
Alternative Dispute Resolution Fund, or the Voters' Guide Fund,
the Foreign Language Interpreter Fund, the Lawyers' Assistance
Program Fund, the Supreme Court Federal Projects Fund, the
Supreme Court Special State Projects Fund, or the Low-Level
Radioactive Waste Facility Development and Operation Fund, or
the Hospital Basic Services Preservation Fund, or to any funds
to which subsection (f) of Section 20-40 of the Nursing and
Advanced Practice Nursing Act applies. No transfers may be made
under this Section from the Pet Population Control Fund.
    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.
    (a-5) Transfers directed to be made under this Section on
or before February 28, 2006 that are still pending on the
effective date of this amendatory Act of the 94th General
Assembly shall be redirected as provided in Section 8n of this
Act.
    (b) This Section does not apply to: (i) the Ticket For The
Cure Fund; (ii) or to any fund established under the Community
Senior Services and Resources Act; or (iii) (ii) on or after
January 1, 2006 (the effective date of Public Act 94-511) this
amendatory Act of the 94th General Assembly, the Child Labor
and Day and Temporary Labor Enforcement Fund.
    (c) This Section does not apply to the Demutualization
Trust Fund established under the Uniform Disposition of
Unclaimed Property Act.
    (d) (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; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)
 
    (30 ILCS 105/8j)
    Sec. 8j. Allocation and transfer of fee receipts to General
Revenue Fund. Except as otherwise provided in this Section and
Section 8n of this Act, and notwithstanding Notwithstanding any
other law to the contrary, additional amounts generated by the
new and increased fees created or authorized by Public Acts
93-22, 93-23, 93-24, and 93-32 shall be allocated between the
fund otherwise entitled to receive the fee and the General
Revenue Fund by the Governor Governor's Office of Management
and Budget. In determining the amount of the allocation to the
General Revenue Fund, the Governor Director of the Governor's
Office of Management and Budget shall calculate whether the
available resources in the fund are sufficient to satisfy the
unexpended and unreserved appropriations from the fund for the
fiscal year.
    In calculating the available resources in a fund, the
Governor Director of the Governor's Office of Management and
Budget may include receipts, transfers into the fund, and other
resources anticipated to be available in the fund in that
fiscal year.
    Upon determining the amount of an allocation to the General
Revenue Fund under this Section, the Governor Director of the
Governor's Office of Management and Budget may direct the State
Treasurer and Comptroller to transfer the amount of that
allocation from the fund in which the fee amounts have been
deposited to the General Revenue Fund; provided, however, that
the Governor Director shall not direct the transfer of any
amount that would have the effect of reducing the available
resources in the fund to an amount less than the amount
remaining unexpended and unreserved from the total
appropriation from that fund for 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 Director of the Governor's Office of Management and
Budget.
    This Section does not apply to the Demutualization Trust
Fund established under the Uniform Disposition of Unclaimed
Property Act.
    Transfers directed to be made under this Section on or
before February 28, 2006 that are still pending on the
effective date of this amendatory Act of the 94th General
Assembly shall be redirected as provided in Section 8n of this
Act.
(Source: P.A. 93-25, eff. 6-20-03; 93-32, eff. 6-20-03; 94-686,
eff. 11-2-05.)
 
    (30 ILCS 105/8n new)
    Sec. 8n. Redirected fund transfers.
    (a) Transfers directed to be made under Section 8h of this
Act on or before February 28, 2006 that are still pending on
the effective date of this amendatory Act of the 94th General
Assembly shall be redirected and completed as provided in
subsections (c) and (d) of this Section.
    (b) Transfers directed to be made under Section 8j of this
Act on or before February 28, 2006 that are still pending on
the effective date of this amendatory Act of the 94th General
Assembly shall be redirected and completed as provided in
subsections (c) and (d) of this Section.
    (c) The first $250,000,000 of transfers that are subject to
redirection under this Section shall be redirected as follows:
        (1) one-third of each amount directed to be transferred
    to the General Revenue Fund shall be transferred to the
    Drug Rebate Fund instead of the General Revenue Fund;
        (2) one-third of each amount directed to be transferred
    to the General Revenue Fund shall be transferred to the
    Hospital Provider Fund instead of the General Revenue Fund;
    and
        (3) one-third of each amount directed to be transferred
    to the General Revenue Fund shall be transferred to the
    Long-term Care Provider Fund instead of the General Revenue
    Fund.
    If the aggregate amount of all transfers that are subject
to redirection under this Section exceeds $250,000,000, the
excess over that amount shall be transferred to the General
Revenue Fund.
    (d) All transfers redirected by this Section must be
completed by the State Comptroller and State Treasurer within 7
days after the effective date of this amendatory Act of the
94th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/19/2006