State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 002 ]


92_HB3495sam004

 










                                           LRB9206830REfgam03

 1                    AMENDMENT TO HOUSE BILL 3495

 2        AMENDMENT NO.     .  Amend House Bill 3495  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Emergency Budget Act of Fiscal Year 2002.

 6        Section 5.  Contingency reserves.
 7        (a)  The Governor may designate as  contingency  reserves
 8    for  each executive State agency that is directly responsible
 9    to the Governor an amount no greater than  5%  of  the  total
10    appropriations  made  from  the  General Revenue Fund to that
11    executive State agency that is directly  responsible  to  the
12    Governor.  In  addition,  the  Governor  may  designate  as a
13    contingency  reserve  an  amount  no  greater  than  5%  from
14    appropriations  of  State  funds  to  the  State   Board   of
15    Education,  except  that  no  reserve  may be designated from
16    payments to be made under Section 18-8.05 of the School Code.
17    In  addition,  the  Governor  may  designate  as  contingency
18    reserves  an  amount  no  greater  than  5%  of   the   total
19    appropriations  of  State funds for higher education purposes
20    to each agency, board, commission,  or  university  receiving
21    funding for higher education purposes.
22        (b)  Appropriated  amounts  designated  as  a contingency
 
                            -2-            LRB9206830REfgam03
 1    reserve may not be obligated, encumbered, or expended.
 2        (c)  Any periodic  transfers  or  expenditures  that  are
 3    based   upon   amounts   appropriated   must  be  reduced  to
 4    accommodate a contingency reserve.  Any  necessary  proration
 5    of  periodic  payments from the General Revenue Fund shall be
 6    distributed equally among  the  remaining  payments  for  the
 7    fiscal year.
 8        (d)  In  this  Section,  "executive  State agency that is
 9    directly responsible  to  the  Governor"  means  any  office,
10    officer,  division,  or  part  thereof, and any other office,
11    nonelective officer, department, division, bureau, board,  or
12    commission  in  the  executive  branch  of  State government,
13    except that it does not apply to  any  agency  whose  primary
14    function  is  service to the General Assembly or the Judicial
15    Branch of State government, or to any agency administered  by
16    the  Attorney General, Secretary of State, State Comptroller,
17    or State Treasurer.
18        (e)  This Section  applies  only  to  appropriations  for
19    State fiscal year 2002.

20        Section  95.  The  Illinois Public Aid Code is amended by
21    changing Section 5-5b as follows:

22        (305 ILCS 5/5-5b) (from Ch. 23, par. 5-5b)
23        Sec. 5-5b.  Payment Reductions.
24        (a)  Notwithstanding  any  other  Section  in  this  Code
25    establishing a methodology for determining payment  rates  or
26    dispensing fees for non-institutional services provided under
27    this  Code,  the  Illinois Department is authorized to reduce
28    those payment rates or dispensing fees with  due  regard  for
29    and  subject to budgetary limitations to the extent permitted
30    by federal law.
31        (a-5)  Notwithstanding any other  Section  in  this  Code
32    establishing  a methodology for determining payment rates for
 
                            -3-            LRB9206830REfgam03
 1    services specified in subsection (1)  of  Section  5-5.4  and
 2    subsection  (a)  of  Section  14-8 of this Code, the Illinois
 3    Department may, by emergency rule filed before April 1, 2002,
 4    adjust those payment rates to a level not more than 5%  below
 5    the  rates in effect on July 1, 2001, with due regard for and
 6    subject to budgeting limitations to the extent  permitted  by
 7    federal law.
 8        (b)  The  Illinois  Department may implement this Section
 9    as added by this amendatory Act of 1991 through  the  use  of
10    emergency  rules in accordance with the provisions of Section
11    5.02  of  the  Illinois  Administrative  Procedure  Act.  For
12    purposes of the Illinois Administrative  Procedure  Act,  the
13    adoption  of rules to implement this Section as added by this
14    amendatory Act of 1991  shall  be  deemed  an  emergency  and
15    necessary for the public interest, safety and welfare.
16    (Source: P.A. 87-14.)

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.".

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