State Government Administration Committee
Filed: 02/19/04
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1 | AMENDMENT TO HOUSE BILL 3830
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2 | AMENDMENT NO. ______. Amend House Bill 3830 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by changing
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5 | Sections 8h 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
may | ||||||
10 | from time to time direct the State Treasurer and Comptroller to | ||||||
11 | transfer
a specified sum from any fund held by the State | ||||||
12 | Treasurer to the General
Revenue Fund in order to help defray | ||||||
13 | the State's operating costs for the
fiscal year. The total | ||||||
14 | transfer under this Section from any fund in any
fiscal year | ||||||
15 | shall not exceed the lesser of 8% of the revenues to be | ||||||
16 | deposited
into the fund during that year or 25% of the | ||||||
17 | beginning balance in the fund.
No transfer may be made from a | ||||||
18 | fund under this Section that would have the
effect of reducing | ||||||
19 | the available balance in the fund to an amount less than
the | ||||||
20 | amount remaining unexpended and unreserved from the total | ||||||
21 | appropriation
from that fund for that fiscal year. This Section | ||||||
22 | does not apply to any
funds that are restricted by federal law | ||||||
23 | to a specific use or to any funds in
the Motor Fuel Tax Fund or | ||||||
24 | the Hospital Provider Fund. Notwithstanding any
other |
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1 | provision of this Section,
the total transfer under this | ||||||
2 | Section from the Road Fund or the State
Construction Account | ||||||
3 | Fund shall not exceed 5% of the revenues to be deposited
into | ||||||
4 | the fund during that year.
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5 | In determining the available balance in a fund, the | ||||||
6 | Director of the
Governor's Office of Management and Budget
may | ||||||
7 | include receipts, transfers into the fund, and other
resources | ||||||
8 | anticipated to be available in the fund in that fiscal year.
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9 | The State Treasurer and Comptroller shall transfer the | ||||||
10 | amounts designated
under this Section as soon as may be | ||||||
11 | practicable after receiving the direction
to transfer from the | ||||||
12 | Director of the Governor's Office of Management and
Budget.
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13 | If the Director of the Governor's Office of Management and | ||||||
14 | Budget directs
the
State Treasurer and the Comptroller to | ||||||
15 | transfer moneys into the General Revenue
Fund
under this | ||||||
16 | Section, he or she shall notify
the Illinois
Economic and | ||||||
17 | Fiscal Commission of the direction to transfer the moneys and | ||||||
18 | the
amount
directed to be transferred. | ||||||
19 | This Section is repealed on June 30, 2004.
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20 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04.)
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21 | (30 ILCS 105/8j)
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22 | Sec. 8j. Allocation and transfer of fee receipts to General | ||||||
23 | Revenue Fund.
If and only if any one or more of Senate Bills | ||||||
24 | 774, 841, 842, and 1903 of
the 93rd General Assembly become | ||||||
25 | law, Notwithstanding any other law to the
contrary, additional | ||||||
26 | amounts generated by the new and increased fees created
or | ||||||
27 | authorized by Public Acts 93-22, 93-23, 93-24, and 93-32
these | ||||||
28 | amendatory Acts of the 93rd General Assembly
this amendatory | ||||||
29 | Act of the 93rd General Assembly and by Senate Bill 774,
Senate | ||||||
30 | Bill 841, and Senate Bill 842 of the 93rd General Assembly, if | ||||||
31 | those
bills become law, shall be allocated between the fund | ||||||
32 | otherwise entitled to
receive the fee and the General Revenue | ||||||
33 | Fund by the Governor's Office of
Management and Budget
Bureau |
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1 | of the Budget . In determining the amount of
the allocation to | ||||||
2 | the General Revenue Fund, the Director of the Governor's
Office | ||||||
3 | of Management and Budget
Bureau of the Budget shall calculate
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4 | whether the available resources in the fund are sufficient to | ||||||
5 | satisfy the
unexpended and unreserved appropriations from the | ||||||
6 | fund for the fiscal year.
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7 | In calculating the available resources in a fund, the | ||||||
8 | Director of the
Governor's Office of Management and Budget
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9 | Bureau of the Budget may
include receipts, transfers into the | ||||||
10 | fund, and other resources anticipated to
be available in the | ||||||
11 | fund in that fiscal year.
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12 | Upon determining the amount of an allocation to the General | ||||||
13 | Revenue Fund
under this Section, the Director of the Governor's | ||||||
14 | Office of Management
and Budget
Bureau of the Budget may direct | ||||||
15 | the State Treasurer and
Comptroller to transfer the amount of | ||||||
16 | that allocation from the fund in which
the fee amounts have | ||||||
17 | been deposited to the General Revenue Fund; provided,
however, | ||||||
18 | that the Director shall not direct the transfer of any amount | ||||||
19 | that
would have the effect of reducing the available resources | ||||||
20 | in 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.
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23 | The State Treasurer and Comptroller shall transfer the | ||||||
24 | amounts designated
under this Section as soon as may be | ||||||
25 | practicable after receiving the direction
to transfer from the | ||||||
26 | Director of the Governor's Office of Management and
Budget
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27 | Bureau of the Budget .
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28 | If the Director of the Governor's Office of Management and | ||||||
29 | Budget directs
the
State Treasurer and the Comptroller to | ||||||
30 | transfer moneys into the General Revenue
Fund
under this | ||||||
31 | Section, he or she shall notify
the Illinois
Economic and | ||||||
32 | Fiscal Commission of the direction to transfer the moneys and | ||||||
33 | the
amount
directed to be transferred.
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34 | (Source: P.A. 93-25, eff. 6-20-03; 93-32, eff. 6-20-03; revised |
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1 | 8-21-03.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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