093_SB2117

                                     LRB093 14104 SJM 19608 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 14104 SJM 19608 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        Notwithstanding  any  other  provision  of  law  to   the
 9    contrary,  beginning on the effective date of this amendatory
10    Act of the 93rd General Assembly no transfers are  authorized
11    to  be  made under this Section unless specific authority for
12    the transfer is granted by the General Assembly. As  soon  as
13    may  be practical after the effective date of this amendatory
14    Act of the 93rd General Assembly, the State Treasurer and the
15    Comptroller shall reverse all transfers previously made under
16    the authority of this Section.
17    (Source: P.A. 93-32, eff. 6-20-03; revised 8-21-03.)

18        (30 ILCS 105/8j)
19        Sec. 8j.  Allocation and  transfer  of  fee  receipts  to
20    General  Revenue  Fund.    If  and only if any one or more of
21    Senate Bills 774, 841, 842, and  1903  of  the  93rd  General
22    Assembly  become  law,  notwithstanding  any other law to the
23    contrary,  Additional  amounts  generated  by  the  new   and
24    increased  fees  created  or authorized by Public Acts 93-22,
25    93-23, 93-24, and 93-32 these amendatory  Acts  of  the  93rd
26    General  Assembly  this  amendatory  Act  of the 93rd General
27    Assembly and by Senate Bill 774, Senate Bill 841, and  Senate
28    Bill  842 of the 93rd General Assembly, if those bills become
29    law, shall be allocated between the fund  otherwise  entitled
30    to  receive  the  fee  and  the  General  Revenue Fund by the
31    Governor's Office of Management  and  Budget  Bureau  of  the
32    Budget.   In  determining the amount of the allocation to the
33    General Revenue Fund, the Director of the  Governor's  Office
 
                            -3-      LRB093 14104 SJM 19608 b
 1    of Management and Budget Bureau of the Budget shall calculate
 2    whether the available resources in the fund are sufficient to
 3    satisfy the unexpended and unreserved appropriations from the
 4    fund for the fiscal year.
 5        In  calculating  the  available  resources in a fund, the
 6    Director of the Governor's Office of  Management  and  Budget
 7    Bureau of the Budget may include receipts, transfers into the
 8    fund,  and other resources anticipated to be available in the
 9    fund in that fiscal year.
10        Upon determining the  amount  of  an  allocation  to  the
11    General  Revenue Fund under this Section, the Director of the
12    Governor's Office of Management  and  Budget  Bureau  of  the
13    Budget  may  direct  the  State  Treasurer and Comptroller to
14    transfer the amount of that allocation from the fund in which
15    the fee amounts have been deposited to  the  General  Revenue
16    Fund;  provided,  however, that the Director shall not direct
17    the transfer of any amount that  would  have  the  effect  of
18    reducing  the  available  resources  in the fund to an amount
19    less than the amount remaining unexpended and unreserved from
20    the total appropriation from that fund for that fiscal year.
21        The State Treasurer and Comptroller  shall  transfer  the
22    amounts  designated  under  this  Section  as  soon as may be
23    practicable after receiving the direction  to  transfer  from
24    the  Director  of  the  Governor's  Office  of Management and
25    Budget Bureau of the Budget.
26        Notwithstanding  any  other  provision  of  law  to   the
27    contrary,  beginning on the effective date of this amendatory
28    Act of the 93rd General Assembly no transfers are  authorized
29    to  be  made under this Section unless specific authority for
30    the transfer is granted by the General Assembly. As  soon  as
31    may  be practical after the effective date of this amendatory
32    Act of the 93rd General Assembly, the State Treasurer and the
33    Comptroller shall reverse all transfers previously made under
34    the authority of this Section.
 
                            -4-      LRB093 14104 SJM 19608 b
 1    (Source: P.A. 93-25,  eff.  6-20-03;   93-32,  eff.  6-20-03;
 2    revised 8-21-03.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.