94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2536


 
Introduced 2/18/2005, by Rep. Rosemary Mulligan
 
SYNOPSIS AS INTRODUCED:
 		














30 ILCS 105/8h









    Amends the State Finance Act. Provides that at least 30 days before the Governor makes certain transfers, he or she must give advance written notice of the transfer to the Commission on Government Forecasting and Accountability, the State Comptroller,   and the State Treasurer. Prohibits the State Comptroller and State Treasurer from making any such transfer until 30 days after that notice has been given. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2536

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    AN ACT concerning State finance.

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


 
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    Section 5. The State Finance Act is amended  by changing 
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Section 8h as follows:
 
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    (30 ILCS 105/8h)


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    Sec. 8h. Transfers to General Revenue Fund.  
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    (a) Except as provided in subsection (b) and subsection (c) 
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of this Section, notwithstanding any other
State law to the 
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contrary, the Governor


may, through June 30, 2007, from time to 
11
time direct the State Treasurer and Comptroller to transfer
a 
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specified sum from any fund held by the State Treasurer to the 
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General
Revenue Fund in order to help defray the State's 
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operating costs for the
fiscal year.  The total transfer under 
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this Section from any fund in any
fiscal year shall not exceed 
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the lesser of (i) 8% of the revenues to be deposited
into the 
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fund during that fiscal year or (ii) an amount that leaves a 
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remaining fund balance of 25% of the July 1 fund balance of 
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that fiscal year. In fiscal year 2005 only, prior to 
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calculating the July 1, 2004 final balances, the Governor may 
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calculate and direct the State Treasurer with the Comptroller 
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to transfer additional amounts determined by applying the 
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formula authorized in Public Act 93-839 to the funds balances 
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on July 1, 2003.
No transfer may be made from a fund under this 
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Section that would have the
effect of reducing the available 
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balance in the fund to an amount less than
the amount remaining 
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unexpended and unreserved from the total appropriation
from 
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that fund estimated to be expended for that fiscal year.  This 
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Section does not apply to any
funds that are restricted by 
30
federal law to a specific use, to any funds in
the Motor Fuel 
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Tax Fund, the Hospital Provider Fund, the Medicaid Provider 
32
Relief Fund, or the Reviewing Court Alternative Dispute 
 


 






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Resolution Fund, or to any
funds to which subsection (f) of 
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Section 20-40 of the Nursing and Advanced Practice Nursing Act 
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applies.  Notwithstanding any
other provision of this Section, 
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for fiscal year 2004,
the total transfer under this Section 
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from the Road Fund or the State
Construction Account Fund shall 
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not exceed the lesser of (i) 5% of the revenues to be deposited

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into the fund during that fiscal year or (ii) 25% of the 
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beginning balance in the fund.
For fiscal year 2005 through 
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fiscal year 2007, no amounts may be transferred under this 
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Section from the Road Fund, the State Construction Account 
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Fund, the Criminal Justice Information Systems Trust Fund, the 
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Wireless Service Emergency Fund, or the Mandatory Arbitration 
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Fund.

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    In determining the available balance in a fund, the 
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Governor


may include receipts, transfers into the fund, and 
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other
resources anticipated to be available in the fund in that 
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fiscal year.


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    The State Treasurer and Comptroller shall transfer the 
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amounts designated
under this Section as soon as may be 
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practicable after receiving the direction
to transfer from the 
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Governor.


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    (b) This Section does not apply to any fund established 
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under the Community Senior Services and Resources Act.

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    (c) At least 30 days before the Governor makes any transfer 
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under this Section, he or she must give advance written notice 
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of the transfer to the Commission on Government Forecasting and 
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Accountability, the State Comptroller,   and the State 
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Treasurer. The State Comptroller and State Treasurer shall not 
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make any such transfer until 30 days after that notice has been 
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given.

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(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, 
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eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; 
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93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. 
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1-15-05.)

 

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    Section 99. Effective date. This Act takes effect upon 
 


 






HB2536
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becoming law.