HB4213 102ND GENERAL ASSEMBLY

LRB102 21456 RJF 30573 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4213

Introduced 1/5/2022, by Rep. Tom Demmer

SYNOPSIS AS INTRODUCED:

30 ILCS 105/6z-128

Amends the State Finance Act. Provides that for any amount transferred from the Essential Government Services Support Fund (the EGSS Fund) at the direction of the Governor, the Governor shall provide notice of such transfer to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate. Provides for the timing of the notice. Provides for the content of the notice. Provides that any amount transferred at the direction of the Governor from the EGSS Fund to the General Revenue Fund or other fund in the State treasury for government services shall also be accompanied by an appropriation from the EGSS Fund in an amount equal to the transferred amount with a description of the appropriation that matches the reason stated by the Governor. Provides that if an appropriation is not made within a specified period, then the State Comptroller and the State Treasurer shall automatically transfer from the General Revenue Fund to the EGSS Fund an amount equal to that transferred from the EGSS Fund.

A BILL FOR

AN ACT concerning finance.

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

Section 5. The State Finance Act is amended by changing Section 6z-128 as follows:

(30 ILCS 105/6z-128)

Sec. 6z-128. Essential Government Services Support Fund.

(a) The Essential Government Services Support Fund (the EGSS Fund) is created as a federal trust fund within the State treasury. The EGSS Fund is established: (1) to receive, directly or indirectly, federal funds from the Coronavirus State Fiscal Recovery Fund in accordance with Section 9901 of the federal American Rescue Plan Act of 2021; and (2) to provide for the use of such funds for purposes permitted by Section 9901 of the American Rescue Plan Act of 2021, including the provision of government services as permitted under Section 602(c)(1)(C) of the Social Security Act as enacted by Section 9901 of the American Rescue Plan Act of 2021, and as authorized by this Section.

(b) Federal funds received by the State from the Coronavirus State Fiscal Recovery Fund in accordance with Section 9901 of the American Rescue Plan Act of 2021 may be deposited, directly or indirectly, into the EGSS Fund.

(c) The EGSS Fund shall be subject to appropriation by the General Assembly. The fund shall be administered by the Illinois Emergency Management Agency at the direction of the Governor. The Illinois Emergency Management Agency, and other agencies as named in appropriations, shall transfer, distribute or expend the funds. Funds in the EGSS Fund may be expended, subject to appropriation, directly for purposes permitted under Section 9901 of the American Rescue Plan Act of 2021 and related federal guidance governing the use of such funds, including the provision of government services as permitted under Section 602(c)(1)(C) of the Social Security Act as enacted by Section 9901 of the American Rescue Plan Act of 2021.

(d) All funds received, directly or indirectly, into the EGSS Fund from the Coronavirus State Fiscal Recovery Fund may be transferred or expended at the direction of the Governor for the specific purposes permitted under Section 9901 of the American Rescue Plan Act of 2021 and any related federal guidance. The State Comptroller shall direct and the State Treasurer shall transfer from time to time, as directed by the Governor in writing, any of the funds in the EGSS Fund to the General Revenue Fund or other funds in the State treasury as needed for expenditures, or as reimbursement for expenditures made, from such other funds for permitted purposes under Section 9901 of the American Rescue Plan Act of 2021, including the provision of government services.

(d-5) For any amount transferred under subsection (d) at the direction of the Governor, including any amount transferred prior to the effective date of this amendatory Act of the 102nd General Assembly, the Governor shall provide notice to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate. The notice shall be provided at least 14 days in advance of any request for such transfer. If the notice pertains to an amount transferred prior to the effective date of this amendatory Act of the 102nd General Assembly, then notice must be provided as soon as practicable after the effective date of this subsection (d-5). The notice shall include the amount being transferred, the object the transfer is intended to fund, and the reason the transfer is needed.

Any amount transferred at the direction of the Governor from the EGSS Fund to the General Revenue Fund or other fund in the State treasury for government services under subsection (d) shall also be accompanied by an appropriation from the EGSS Fund in an amount equal to the transferred amount with a description of the appropriation that matches the reason stated by the Governor. If an appropriation is not made within either the fiscal year in which the transfer was made or the fiscal year immediately following such transfer, then the State Comptroller and the State Treasurer shall automatically transfer from the General Revenue Fund to the EGSS Fund an amount equal to that transferred from the EGSS Fund.

(e) Unexpended funds in the EGSS Fund shall be paid back to the federal government at the direction of the Governor.

(Source: P.A. 102-16, eff. 6-17-21.)