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1 | AN ACT concerning State finance.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by changing
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5 | Sections 8h, as added by Public Act 93-32, and 8j as follows:
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6 | (30 ILCS 105/8h)
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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
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10 | Bureau of the Budget
may from time to time direct the State | ||||||
11 | Treasurer and Comptroller to transfer
a specified sum from any | ||||||
12 | fund held by the State Treasurer to the General
Revenue Fund in | ||||||
13 | order to help defray the State's operating costs for the
fiscal | ||||||
14 | year. The total transfer under this Section from any fund in | ||||||
15 | any
fiscal year shall not exceed the lesser of 8% of the | ||||||
16 | revenues to be deposited
into the fund during that year or 25% | ||||||
17 | of the beginning balance in the fund.
No transfer may be made | ||||||
18 | from a fund under this Section that would have the
effect of | ||||||
19 | reducing the available balance in the fund to an amount less | ||||||
20 | than
the amount remaining unexpended and unreserved from the | ||||||
21 | total appropriation
from that fund for that fiscal year. This | ||||||
22 | Section does not apply to any
funds that are restricted by | ||||||
23 | federal law to a specific use or to any funds in
the Motor Fuel | ||||||
24 | Tax Fund. Notwithstanding any other provision of this Section,
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25 | the total transfer under this Section from the Road Fund or the | ||||||
26 | State
Construction Account Fund shall not exceed 5% of the | ||||||
27 | revenues to be deposited
into the fund during that year.
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28 | In determining the available balance in a fund, the | ||||||
29 | Director of the
Governor's Office of Management and Budget
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30 | Bureau of the Budget
may include receipts, transfers into the | ||||||
31 | fund, and other
resources anticipated to be available in the | ||||||
32 | fund in that fiscal year.
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1 | The State Treasurer and Comptroller shall transfer the | ||||||
2 | amounts designated
under this Section as soon as may be | ||||||
3 | practicable after receiving the direction
to transfer from the | ||||||
4 | Director of the Governor's Office of Management and
Budget
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5 | Bureau of the Budget .
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6 | If the Director of the Governor's Office of Management and | ||||||
7 | Budget directs
the
State Treasurer and the Comptroller to | ||||||
8 | transfer moneys into the General Revenue
Fund
under this | ||||||
9 | Section, he or she shall notify
the Illinois
Economic and | ||||||
10 | Fiscal Commission of the direction to transfer the moneys and | ||||||
11 | the
amount
directed to be transferred.
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12 | (Source: P.A. 93-32, eff. 6-20-03; revised 8-21-03.)
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13 | (30 ILCS 105/8j)
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14 | Sec. 8j. Allocation and transfer of fee receipts to General | ||||||
15 | Revenue Fund.
If and only if any one or more of Senate Bills | ||||||
16 | 774, 841, 842, and 1903 of
the 93rd General Assembly become | ||||||
17 | law, Notwithstanding any other law to the
contrary, additional | ||||||
18 | amounts generated by the new and increased fees created
or | ||||||
19 | authorized by Public Acts 93-22, 93-23, 93-24, and 93-32
these | ||||||
20 | amendatory Acts of the 93rd General Assembly this amendatory Act | ||||||
21 | of the 93rd General Assembly and by Senate Bill 774,
Senate | ||||||
22 | Bill 841, and Senate Bill 842 of the 93rd General Assembly, if | ||||||
23 | those
bills become law, shall be allocated between the fund | ||||||
24 | otherwise entitled to
receive the fee and the General Revenue | ||||||
25 | Fund by the Governor's Office of
Management and Budget
Bureau | ||||||
26 | of the Budget . In determining the amount of
the allocation to | ||||||
27 | the General Revenue Fund, the Director of the Governor's
Office | ||||||
28 | of Management and Budget
Bureau of the Budget shall calculate
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29 | whether the available resources in the fund are sufficient to | ||||||
30 | satisfy the
unexpended and unreserved appropriations from the | ||||||
31 | fund for the fiscal year.
In calculating the available | ||||||
32 | resources in a fund, the Director of the
Governor's Office of | ||||||
33 | Management and Budget
Bureau of the Budget may
include | ||||||
34 | receipts, transfers into the fund, and other resources | ||||||
35 | anticipated to
be available in the fund in that fiscal year.
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1 | Upon determining the amount of an allocation to the General | ||||||
2 | Revenue Fund
under this Section, the Director of the Governor's | ||||||
3 | Office of Management
and Budget
Bureau of the Budget may direct | ||||||
4 | the State Treasurer and
Comptroller to transfer the amount of | ||||||
5 | that allocation from the fund in which
the fee amounts have | ||||||
6 | been deposited to the General Revenue Fund; provided,
however, | ||||||
7 | that the Director shall not direct the transfer of any amount | ||||||
8 | that
would have the effect of reducing the available resources | ||||||
9 | in the fund to an
amount less than the amount remaining | ||||||
10 | unexpended and unreserved from the total
appropriation from | ||||||
11 | that fund for that fiscal year.
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12 | The State Treasurer and Comptroller shall transfer the | ||||||
13 | amounts designated
under this Section as soon as may be | ||||||
14 | practicable after receiving the direction
to transfer from the | ||||||
15 | Director of the Governor's Office of Management and
Budget
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16 | Bureau of the Budget .
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17 | If the Director of the Governor's Office of Management and | ||||||
18 | Budget directs
the
State Treasurer and the Comptroller to | ||||||
19 | transfer moneys into the General Revenue
Fund
under this | ||||||
20 | Section, he or she shall notify
the Illinois
Economic and | ||||||
21 | Fiscal Commission of the direction to transfer the moneys and | ||||||
22 | the
amount
directed to be transferred.
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23 | (Source: P.A. 93-25, eff. 6-20-03; 93-32, eff. 6-20-03; revised | ||||||
24 | 8-21-03.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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