(30 ILCS 105/8.28) (from Ch. 127, par. 144.28)
Sec. 8.28.
Notwithstanding any provision of "An Act in relation to the
payment and disposition of monies received by officers and employees of the
State of Illinois by virtue of their office or employment", approved June
9, 1911, as amended, to the contrary, the State Treasurer pursuant to this
Section is authorized during the pendency of litigation, with leave of
court, to transfer monies held in the Protest Fund to the General Revenue
Fund. In the event that the monies currently held in the Protest Fund
pursuant to an order of the Circuit Court in the case styled as Goldberg et
al. v. Johnson et al. (Cook Co. cause no. 85 CH 8081) are transferred to
the General Revenue Fund, the State Treasurer is directed to make a
complete accounting of the funds so transferred and of all taxes thereafter
collected pursuant to Section 4 of the Telecommunications Excise Tax Act
during the pendency of that cause. If a final, nonappealable order of a
court of competent jurisdiction declares that Act void or unconstitutional,
the General Assembly shall appropriate or transfer from the General Revenue
Fund to the Protest Fund a sum equal to all of the taxes collected pursuant
to Section 4 of the Telecommunications Excise Tax Act together with
interest attributable thereto at the rate of 6% per year. If for any reason
the General Assembly fails to make the appropriations or transfers
necessary to pay the principal and interest due on account of such a
judicial declaration, then this Section shall constitute an irrevocable and
continuing appropriation of all amounts necessary for that purpose, and the
irrevocable and continuing authority and direction to the State Treasurer
and the Comptroller to make the required transfers, as directed by the
Governor, out of and disbursements from the revenues and funds of the State.
(Source: P.A. 85-1209.)
|