State Government Administration Committee

Filed: 02/19/04

 

 


 

 


 
09300HB3830ham001 LRB093 12599 MKM 47695 a

1
AMENDMENT TO HOUSE BILL 3830

2     AMENDMENT NO. ______. Amend House Bill 3830 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The State Finance Act is amended by changing
5 Sections 8h 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 may
10 from time to time direct the State Treasurer and Comptroller to
11 transfer a specified sum from any fund held by the State
12 Treasurer to the General Revenue Fund in order to help defray
13 the State's operating costs for the fiscal year. The total
14 transfer under this Section from any fund in any fiscal year
15 shall not exceed the lesser of 8% of the revenues to be
16 deposited into the fund during that year or 25% of the
17 beginning balance in the fund. No transfer may be made from a
18 fund under this Section that would have the effect of reducing
19 the available balance in the fund to an amount less than the
20 amount remaining unexpended and unreserved from the total
21 appropriation from that fund for that fiscal year. This Section
22 does not apply to any funds that are restricted by federal law
23 to a specific use or to any funds in the Motor Fuel Tax Fund or
24 the Hospital Provider Fund. Notwithstanding any other

 

 

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1 provision of this Section, the total transfer under this
2 Section from the Road Fund or the State Construction Account
3 Fund shall not exceed 5% of the revenues to be deposited into
4 the fund during that year.
5     In determining the available balance in a fund, the
6 Director of the Governor's Office of Management and Budget may
7 include receipts, transfers into the fund, and other resources
8 anticipated to be available in the fund in that fiscal year.
9     The State Treasurer and Comptroller shall transfer the
10 amounts designated under this Section as soon as may be
11 practicable after receiving the direction to transfer from the
12 Director of the Governor's Office of Management and Budget.
13     If the Director of the Governor's Office of Management and
14 Budget directs the State Treasurer and the Comptroller to
15 transfer moneys into the General Revenue Fund under this
16 Section, he or she shall notify the Illinois Economic and
17 Fiscal Commission of the direction to transfer the moneys and
18 the amount directed to be transferred.
19     This Section is repealed on June 30, 2004.
20 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)
 
21     (30 ILCS 105/8j)
22     Sec. 8j. Allocation and transfer of fee receipts to General
23 Revenue Fund. If and only if any one or more of Senate Bills
24 774, 841, 842, and 1903 of the 93rd General Assembly become
25 law, Notwithstanding any other law to the contrary, additional
26 amounts generated by the new and increased fees created or
27 authorized by Public Acts 93-22, 93-23, 93-24, and 93-32 these
28 amendatory Acts of the 93rd General Assembly this amendatory
29 Act of the 93rd General Assembly and by Senate Bill 774, Senate
30 Bill 841, and Senate Bill 842 of the 93rd General Assembly, if
31 those bills become law, shall be allocated between the fund
32 otherwise entitled to receive the fee and the General Revenue
33 Fund by the Governor's Office of Management and Budget Bureau

 

 

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1 of the Budget. In determining the amount of the allocation to
2 the General Revenue Fund, the Director of the Governor's Office
3 of Management and Budget Bureau of the Budget shall calculate
4 whether the available resources in the fund are sufficient to
5 satisfy the unexpended and unreserved appropriations from the
6 fund for the fiscal year.
7     In calculating the available resources in a fund, the
8 Director of the Governor's Office of Management and Budget
9 Bureau of the Budget may include receipts, transfers into the
10 fund, and other resources anticipated to be available in the
11 fund in that fiscal year.
12     Upon determining the amount of an allocation to the General
13 Revenue Fund under this Section, the Director of the Governor's
14 Office of Management and Budget Bureau of the Budget may direct
15 the State Treasurer and Comptroller to transfer the amount of
16 that allocation from the fund in which the fee amounts have
17 been deposited to the General Revenue Fund; provided, however,
18 that the Director shall not direct the transfer of any amount
19 that would have the effect of reducing the available resources
20 in 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.
23     The State Treasurer and Comptroller shall transfer the
24 amounts designated under this Section as soon as may be
25 practicable after receiving the direction to transfer from the
26 Director of the Governor's Office of Management and Budget
27 Bureau of the Budget.
28     If the Director of the Governor's Office of Management and
29 Budget directs the State Treasurer and the Comptroller to
30 transfer moneys into the General Revenue Fund under this
31 Section, he or she shall notify the Illinois Economic and
32 Fiscal Commission of the direction to transfer the moneys and
33 the amount directed to be transferred.
34 (Source: P.A. 93-25, eff. 6-20-03; 93-32, eff. 6-20-03; revised

 

 

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1 8-21-03.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.".