093_HB3830

 
                                     LRB093 12599 SJM 18364 b

 1        AN ACT concerning State finance.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The State Finance Act is amended by changing
 5    Sections 8h, as added by Public Act 93-32, and 8j as follows:

 6        (30 ILCS 105/8h)
 7        Sec.   8h.   Transfers   to   General    Revenue    Fund.
 8    Notwithstanding  any  other  State  law  to the contrary, the
 9    Director of the Governor's Office of  Management  and  Budget
10    Bureau  of  the Budget may from time to time direct the State
11    Treasurer and Comptroller to transfer a  specified  sum  from
12    any  fund  held by the State Treasurer to the General Revenue
13    Fund in order to help defray the State's operating costs  for
14    the  fiscal year.  The total transfer under this Section from
15    any fund in any fiscal year shall not exceed the lesser of 8%
16    of the revenues to be deposited into  the  fund  during  that
17    year  or  25%  of  the  beginning  balance  in  the fund.  No
18    transfer may be made from a  fund  under  this  Section  that
19    would  have  the  effect of reducing the available balance in
20    the  fund  to  an  amount  less  than  the  amount  remaining
21    unexpended and unreserved from the total  appropriation  from
22    that  fund for that fiscal year.  This Section does not apply
23    to any funds that are restricted by federal law to a specific
24    use  or  to  any  funds  in  the   Motor   Fuel   Tax   Fund.
25    Notwithstanding  any  other  provision  of  this Section, the
26    total transfer under this Section from the Road Fund  or  the
27    State  Construction  Account  Fund shall not exceed 5% of the
28    revenues to be deposited into the fund during that year.
29        In determining the  available  balance  in  a  fund,  the
30    Director  of  the  Governor's Office of Management and Budget
31    Bureau of the Budget may include receipts, transfers into the
 
                            -2-      LRB093 12599 SJM 18364 b
 1    fund, and other resources anticipated to be available in  the
 2    fund in that fiscal year.
 3        The  State  Treasurer  and Comptroller shall transfer the
 4    amounts designated under this  Section  as  soon  as  may  be
 5    practicable  after  receiving  the direction to transfer from
 6    the Director of  the  Governor's  Office  of  Management  and
 7    Budget Bureau of the Budget.
 8        If  the  Director  of the Governor's Office of Management
 9    and Budget directs the State Treasurer and the Comptroller to
10    transfer moneys into the  General  Revenue  Fund  under  this
11    Section,  he  or  she  shall notify the Illinois Economic and
12    Fiscal Commission of the direction to transfer the moneys and
13    the amount directed to be transferred.
14    (Source: P.A. 93-32, eff. 6-20-03; revised 8-21-03.)

15        (30 ILCS 105/8j)
16        Sec. 8j.  Allocation and  transfer  of  fee  receipts  to
17    General  Revenue  Fund.    If  and only if any one or more of
18    Senate Bills 774, 841, 842, and  1903  of  the  93rd  General
19    Assembly  become  law,  Notwithstanding  any other law to the
20    contrary,  additional  amounts  generated  by  the  new   and
21    increased  fees  created  or authorized by Public Acts 93-22,
22    93-23, 93-24, and 93-32 these amendatory  Acts  of  the  93rd
23    General  Assembly  this  amendatory  Act  of the 93rd General
24    Assembly and by Senate Bill 774, Senate Bill 841, and  Senate
25    Bill  842 of the 93rd General Assembly, if those bills become
26    law, shall be allocated between the fund  otherwise  entitled
27    to  receive  the  fee  and  the  General  Revenue Fund by the
28    Governor's Office of Management  and  Budget  Bureau  of  the
29    Budget.   In  determining the amount of the allocation to the
30    General Revenue Fund, the Director of the  Governor's  Office
31    of Management and Budget Bureau of the Budget shall calculate
32    whether the available resources in the fund are sufficient to
33    satisfy the unexpended and unreserved appropriations from the
 
                            -3-      LRB093 12599 SJM 18364 b
 1    fund for the fiscal year.
 2        In  calculating  the  available  resources in a fund, the
 3    Director of the Governor's Office of  Management  and  Budget
 4    Bureau of the Budget may include receipts, transfers into the
 5    fund,  and other resources anticipated to be available in the
 6    fund in that fiscal year.
 7        Upon determining the  amount  of  an  allocation  to  the
 8    General  Revenue Fund under this Section, the Director of the
 9    Governor's Office of Management  and  Budget  Bureau  of  the
10    Budget  may  direct  the  State  Treasurer and Comptroller to
11    transfer the amount of that allocation from the fund in which
12    the fee amounts have been deposited to  the  General  Revenue
13    Fund;  provided,  however, that the Director shall not direct
14    the transfer of any amount that  would  have  the  effect  of
15    reducing  the  available  resources  in the fund to an amount
16    less than the amount remaining unexpended and unreserved from
17    the total appropriation from that fund for that fiscal year.
18        The State Treasurer and Comptroller  shall  transfer  the
19    amounts  designated  under  this  Section  as  soon as may be
20    practicable after receiving the direction  to  transfer  from
21    the  Director  of  the  Governor's  Office  of Management and
22    Budget Bureau of the Budget.
23        If the Director of the Governor's  Office  of  Management
24    and Budget directs the State Treasurer and the Comptroller to
25    transfer  moneys  into  the  General  Revenue Fund under this
26    Section, he or she shall notify  the  Illinois  Economic  and
27    Fiscal Commission of the direction to transfer the moneys and
28    the amount directed to be transferred.
29    (Source:  P.A.  93-25,  eff.  6-20-03;   93-32, eff. 6-20-03;
30    revised 8-21-03.)

31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.