Sen. Patrick Welch
Filed: 5/31/2004
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1 | AMENDMENT TO HOUSE BILL 7177
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2 | AMENDMENT NO. ______. Amend House Bill 7177 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 15. The State Finance Act is amended by adding | ||||||
5 | Section 25.5 as follows: | ||||||
6 | (30 ILCS 105/25.5 new) | ||||||
7 | Sec. 25.5. Fiscal Year 2005 limitations; contingency | ||||||
8 | reserves. | ||||||
9 | (a) As used in this Section, "State agency" has the meaning | ||||||
10 | set forth in Section 1-7 of the Illinois State Auditing Act. | ||||||
11 | As used in this Section, "appropriation for an exempted | ||||||
12 | purpose" means an appropriation for (i) grants payable by the | ||||||
13 | State Board of Education or (ii) the purposes of the Children's | ||||||
14 | Health Insurance Program Act. | ||||||
15 | As used in this Section, "appropriate certifying officer" | ||||||
16 | means:
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17 | (1) The Lieutenant Governor, as to appropriations made | ||||||
18 | to that officer and as to appropriations from which that | ||||||
19 | officer is authorized to approve expenditures under | ||||||
20 | Section 10 of this Act.
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21 | (2) The Attorney General, as to appropriations made to | ||||||
22 | that officer and as to appropriations from which that | ||||||
23 | officer is authorized to approve expenditures under | ||||||
24 | Section 10 of this Act.
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1 | (3) The Secretary of State, as to appropriations made | ||||||
2 | to that officer and as to appropriations from which that | ||||||
3 | officer is authorized to approve expenditures under | ||||||
4 | Section 10 of this Act.
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5 | (4) The Treasurer, as to appropriations made to that | ||||||
6 | officer and as to appropriations from which that officer is | ||||||
7 | authorized to approve expenditures under Section 10 of this | ||||||
8 | Act.
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9 | (5) The Comptroller, as to appropriations made to that | ||||||
10 | officer and as to appropriations from which that officer is | ||||||
11 | authorized to approve expenditures under Section 10 of this | ||||||
12 | Act.
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13 | (6) The Auditor General, as to appropriations made to | ||||||
14 | that officer and as to appropriations from which that | ||||||
15 | officer is authorized to approve expenditures under | ||||||
16 | Section 10 of this Act.
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17 | (7) The President of the Senate, as to appropriations | ||||||
18 | made to that officer and as to appropriations from which | ||||||
19 | that officer is authorized to approve expenditures under | ||||||
20 | Section 10 of this Act.
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21 | (8) The President of the Senate, acting with the | ||||||
22 | concurrence of the Senate Operations Commission, as to | ||||||
23 | appropriations made to the Senate Operations Commission.
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24 | (9) The Minority Leader of the Senate, as to | ||||||
25 | appropriations made to that officer and as to | ||||||
26 | appropriations from which that officer is authorized to | ||||||
27 | approve expenditures under Section 10 of this Act.
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28 | (10) The Speaker of the House of Representatives, as to | ||||||
29 | appropriations made to that officer and as to | ||||||
30 | appropriations from which that officer is authorized to | ||||||
31 | approve expenditures under Section 10 of this Act.
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32 | (11) The Minority Leader of the House of | ||||||
33 | Representatives, as to appropriations made to that officer | ||||||
34 | and as to appropriations from which that officer is |
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1 | authorized to approve expenditures under Section 10 of this | ||||||
2 | Act.
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3 | (12) The Chairman of the Joint Committee on Legislative | ||||||
4 | Support Services, acting with the approval of that | ||||||
5 | Committee, as to appropriations to the legislative support | ||||||
6 | services agencies.
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7 | (13) The President of the Senate and the Speaker of the | ||||||
8 | House of Representatives, acting jointly, as to | ||||||
9 | appropriations to State agencies that are part of the | ||||||
10 | Legislative Branch of government but are not included under | ||||||
11 | item (7), (8), (9), (10), (11) or (12).
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12 | (14) The Chief Justice of the Illinois Supreme Court, | ||||||
13 | as to appropriations to State agencies that are part of the | ||||||
14 | Judicial Branch of Government.
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15 | (15) The Governor in all other cases.
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16 | (b) The appropriate certifying officer shall designate as a | ||||||
17 | contingency reserve an amount equal to 2.25% of the total | ||||||
18 | appropriations made to each State agency from the General | ||||||
19 | Revenue Fund for State fiscal year 2005, excluding all | ||||||
20 | appropriations for exempted purposes. The contingency reserve | ||||||
21 | need not be applied uniformly across all programs and items of | ||||||
22 | appropriation, but may be applied to the various programs and | ||||||
23 | items of appropriation as the certifying officer deems | ||||||
24 | appropriate, except that no contingency reserve may be | ||||||
25 | established out of an appropriation for an exempted purpose. | ||||||
26 | (c) The specific amounts and line items in any State agency | ||||||
27 | appropriation to be held in a contingency reserve shall be | ||||||
28 | certified by the appropriate certifying officer to the | ||||||
29 | Comptroller, the Governor, and the 4 Legislative Leaders no | ||||||
30 | later than the close of business on July 30, 2004. A designated | ||||||
31 | contingency reserve becomes effective upon certification. | ||||||
32 | (d) If the designated contingency reserve in an item of | ||||||
33 | appropriation exceeds the available balance in that item on the | ||||||
34 | date of the certification, the Comptroller shall so notify the |
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1 | certifying authority. The certifying authority shall file an | ||||||
2 | amended certification within 15 days after receiving the | ||||||
3 | notice. | ||||||
4 | (e) Appropriated amounts placed in a contingency reserve | ||||||
5 | shall not be obligated, encumbered, or expended. Any periodic | ||||||
6 | transfer or automatic expenditure based upon an appropriated | ||||||
7 | amount for which a contingency reserve has been established | ||||||
8 | shall be reduced to reflect that contingency reserve. | ||||||
9 | (f) Notwithstanding any other provision of this amendatory | ||||||
10 | Act of the 93rd General Assembly, the contingency reserves | ||||||
11 | authorized herein shall not exceed a total of $400,000,000.
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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