Sen. Steven J. Rauschenberger
Filed: 4/7/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 662




2
    AMENDMENT NO. ______. Amend Senate Bill 662, AS AMENDED, by 
3
replacing everything after the enacting clause with the 
4
following:

 
5
    "Section 5. The Mental Health and Developmental 
6
Disabilities Administrative Act is amended  by changing Section 
7
18.4 as follows:
 



8
    (20 ILCS 1705/18.4)



9
    Sec. 18.4. Community Mental Health Medicaid Trust Fund; 
10
reimbursement. 

11
    (a) The Community Mental Health Medicaid Trust Fund is 
12
hereby created
in the State Treasury.

13
    (b) Except as otherwise provided in this Section, effective 
14
in the first fiscal year following repayment of interfund 
15
transfers under subsection (b-1), the first $73,000,000
any


16
funds paid to the State by the federal government under Title 
17
XIX
or Title XXI of the Social Security Act for that year's 
18
services delivered by community
mental health services 
19
providers, and any interest earned thereon, shall be
deposited 
20
directly into the Community Mental Health Medicaid Trust Fund. 
21
The next $25,000,000 shall be deposited
Beginning with State 
22
fiscal year 2005, the first $95,000,000 received by the 
23
Department shall be deposited 26.3% into the General Revenue 
24
Fund and 73.7% into the Community   Mental Health Medicaid Trust 
 


 






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Fund. Amounts received in excess of $98,000,000
$95,000,000 in 
2
any State fiscal year after fiscal year 2006 shall be deposited 
3
50% into the General Revenue Fund and 50% into the Community   
4
Mental Health Medicaid Trust Fund. The Department shall analyze 
5
the budgeting and programmatic impact of this funding 
6
allocation and report to the Governor and the General Assembly 
7
the results of this analysis and any recommendations for 
8
change, no later than December 31, 2005.


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    (b-1) For State fiscal year 2005 services, the first 
10
$73,000,000 in any funds paid to the State by the federal 
11
government under Title XIX or Title XXI of the Social Security 
12
Act for services delivered by community mental health services 
13
providers, and any interest earned thereon, shall be deposited 
14
directly into the Community Mental Health Trust Fund before any 
15
deposits are made into the General Revenue Fund. The next 
16
$25,000,000 shall be deposited into the General Revenue Fund. 
17
Amounts received in excess of $98,000,000 shall be deposited 
18
50% into the General Revenue Fund and 50% into the Community 
19
Mental Health Medicaid Trust Fund. On April 1, 2005, or as soon 
20
thereafter as practical, the Comptroller shall direct and the 
21
State Treasurer shall transfer amounts not to exceed 
22
$14,000,000 into the Community Mental Health Medicaid Fund from 
23
the General Revenue Fund.
24
    (b-2) For State fiscal year 2006 services, and in 
25
subsequent fiscal years until any transfers under subsection 
26
(b-1) are repaid, the first $73,000,000 in any funds paid to 
27
the State by the federal government under Title XIX or Title 
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XXI of the Social Security Act for services delivered by 
29
community mental health services providers, and any interest 
30
earned thereon, shall be deposited directly into the Community 
31
Mental Health Trust Fund. Then the next $14,000,000, or such 
32
amount as was transferred under subsection (b-1), shall be 
33
deposited into the General Revenue  Fund. The next $25,000,000 
34
shall be deposited into the General Revenue Fund. Any 
 


 






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additional amounts received shall be deposited 50% into the 
2
General Revenue Fund and 50% into the Community Mental Health 
3
Medicaid Trust Fund.

4
    (c) The Department shall reimburse community mental health 
5
services
providers for Medicaid-reimbursed mental health 
6
services provided to eligible
individuals.  Moneys in the 
7
Community Mental Health Medicaid Trust Fund may be
used for 
8
that purpose.

9
    (d) As used in this Section:

10
    "Medicaid-reimbursed mental health services" means 
11
services provided by a
community mental health provider under 
12
an agreement with the Department that
is eligible for 
13
reimbursement under the federal Title XIX program or Title XXI

14
program.

15
    "Provider" means a community agency that is funded by the 
16
Department to
provide a Medicaid-reimbursed service.

17
    "Services" means mental health services provided under one 
18
of the
following programs:


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        (1) Medicaid Clinic Option;


20
        (2) Medicaid Rehabilitation Option;


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        (3) Targeted Case Management.

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(Source: P.A. 92-597, eff. 6-28-02; 93-841, eff. 7-30-04.)

 
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    Section 10. The State Finance Act is amended  by changing 
24
Section 8g as follows:
 



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    (30 ILCS 105/8g)


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    Sec. 8g. Fund transfers. 

27
    (a) In addition to any other transfers that may be provided 
28
for by law, as
soon as may be practical after the effective 
29
date of this amendatory Act of
the 91st General Assembly, the 
30
State Comptroller shall direct and the State
Treasurer shall 
31
transfer the sum of $10,000,000 from the General Revenue Fund

32
to the Motor Vehicle License Plate Fund created by Senate Bill 
 


 






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1028 of the 91st
General Assembly.

2
    (b) In addition to any other transfers that may be provided 
3
for by law, as
soon as may be practical after the effective 
4
date of this amendatory Act of
the 91st General Assembly, the 
5
State Comptroller shall direct and the State
Treasurer shall 
6
transfer the sum of $25,000,000 from the General Revenue Fund

7
to the Fund for Illinois' Future created by Senate Bill 1066 of 
8
the 91st
General Assembly.

9
    (c) In addition to any other transfers that may be provided 
10
for by law,
on August 30 of each fiscal year's license period, 
11
the Illinois Liquor Control
Commission shall direct and the 
12
State Comptroller and State Treasurer shall
transfer from the 
13
General Revenue Fund to the Youth Alcoholism and Substance

14
Abuse Prevention Fund an amount equal to the number of retail 
15
liquor licenses
issued for that fiscal year multiplied by $50.

16
    (d) The payments to programs required under subsection (d) 
17
of Section 28.1
of the Horse Racing Act of 1975 shall be made, 
18
pursuant to appropriation, from
the special funds referred to 
19
in the statutes cited in that subsection, rather
than directly 
20
from the General Revenue Fund.

21
    Beginning January 1, 2000, on the first day of each month, 
22
or as soon
as may be practical thereafter, the State 
23
Comptroller shall direct and the
State Treasurer shall transfer 
24
from the General Revenue Fund to each of the
special funds from 
25
which payments are to be made under Section 28.1(d) of the

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Horse Racing Act of 1975 an amount equal to 1/12 of the annual 
27
amount required
for those payments from that special fund, 
28
which annual amount shall not exceed
the annual amount for 
29
those payments from that special fund for the calendar
year 
30
1998.  The special funds to which transfers shall be made under 
31
this
subsection (d) include, but are not necessarily limited 
32
to, the Agricultural
Premium Fund; the Metropolitan Exposition 
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Auditorium and Office Building Fund;
the Fair and Exposition 
34
Fund; the Standardbred Breeders Fund; the Thoroughbred

 


 






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Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.

2
    (e) In addition to any other transfers that may be provided 
3
for by law,
as soon as may be practical after the effective 
4
date of this amendatory Act of
the 91st General Assembly, but 
5
in no event later than June 30, 2000, the State
Comptroller 
6
shall direct and the State Treasurer shall transfer the sum of

7
$15,000,000 from the General Revenue Fund to the Fund for 
8
Illinois' Future.

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    (f) In addition to any other transfers that may be provided 
10
for by law,
as soon as may be practical after the effective 
11
date of this amendatory Act of
the 91st General Assembly, but 
12
in no event later than June 30, 2000, the State
Comptroller 
13
shall direct and the State Treasurer shall transfer the sum of

14
$70,000,000 from the General Revenue Fund to the Long-Term Care 
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Provider
Fund.

16
    (f-1) In fiscal year 2002, in addition to any other 
17
transfers that may
be provided for by law, at the direction of 
18
and upon notification from the
Governor, the State Comptroller 
19
shall direct and the State Treasurer shall
transfer amounts not 
20
exceeding a total of $160,000,000 from the General
Revenue Fund 
21
to the Long-Term Care Provider Fund.

22
    (g) In addition to any other transfers that may be provided 
23
for by law,
on July 1, 2001, or as soon thereafter as may be 
24
practical, the State
Comptroller shall direct and the State 
25
Treasurer shall transfer the sum of
$1,200,000 from the General 
26
Revenue Fund to the Violence Prevention Fund.

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    (h) In each of fiscal years 2002 through 2004, but not

28
thereafter, in
addition to any other transfers that may be 
29
provided for by law, the State
Comptroller shall direct and the 
30
State Treasurer shall transfer $5,000,000
from the General 
31
Revenue Fund to the Tourism Promotion Fund.

32
    (i) On or after July 1, 2001 and until May 1, 2002, in 
33
addition to any
other transfers that may be provided for by 
34
law, at the direction of and upon
notification from the 
 


 






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Governor, the State Comptroller shall direct and the
State 
2
Treasurer shall transfer amounts not exceeding a total of 
3
$80,000,000
from the General Revenue Fund to the Tobacco 
4
Settlement Recovery Fund.
Any amounts so transferred shall be 
5
re-transferred by the State Comptroller
and the State Treasurer 
6
from the Tobacco Settlement Recovery Fund to the
General 
7
Revenue Fund at the direction of and upon notification from the

8
Governor, but in any event on or before June 30, 2002.

9
    (i-1) On or after July 1, 2002 and until May 1, 2003, in 
10
addition to any
other transfers that may be provided for by 
11
law, at the direction of and upon
notification from the 
12
Governor, the State Comptroller shall direct and the
State 
13
Treasurer shall transfer amounts not exceeding a total of 
14
$80,000,000
from the General Revenue Fund to the Tobacco 
15
Settlement Recovery Fund.
Any amounts so transferred shall be 
16
re-transferred by the State Comptroller
and the State Treasurer 
17
from the Tobacco Settlement Recovery Fund to the
General 
18
Revenue Fund at the direction of and upon notification from the

19
Governor, but in any event on or before June 30, 2003.

20
    (j) On or after July 1, 2001 and no later than June 30, 
21
2002, in addition to
any other transfers that may be provided 
22
for by law, at the direction of and
upon notification from the 
23
Governor, the State Comptroller shall direct and the
State 
24
Treasurer shall transfer amounts not to exceed the following 
25
sums into
the Statistical Services Revolving Fund:












































26    From the General Revenue Fund.................$8,450,000
27    From the Public Utility Fund..................1,700,000
28    From the Transportation Regulatory Fund.......2,650,000
29    From the Title III Social Security and
30     Employment Fund..............................3,700,000
31    From the Professions Indirect Cost Fund.......4,050,000
32    From the Underground Storage Tank Fund........550,000
33    From the Agricultural Premium Fund............750,000
34    From the State Pensions Fund..................200,000


 


 






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1    From the Road Fund............................2,000,000
2    From the Health Facilities
3     Planning Fund................................1,000,000
4    From the Savings and Residential Finance
5     Regulatory Fund..............................130,800
6    From the Appraisal Administration Fund........28,600
7    From the Pawnbroker Regulation Fund...........3,600
8    From the Auction Regulation
9     Administration Fund..........................35,800
10    From the Bank and Trust Company Fund..........634,800
11    From the Real Estate License
12     Administration Fund..........................313,600
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    (k) In addition to any other transfers that may be provided 
14
for by law,
as soon as may be practical after the effective 
15
date of this amendatory Act of
the 92nd General Assembly, the 
16
State Comptroller shall direct and the State
Treasurer shall 
17
transfer the sum of $2,000,000 from the General Revenue Fund
to 
18
the Teachers Health Insurance Security Fund.

19
    (k-1) In addition to any other transfers that may be 
20
provided for by
law, on July 1, 2002, or as soon as may be 
21
practical thereafter, the State
Comptroller shall direct and 
22
the State Treasurer shall transfer the sum of
$2,000,000 from 
23
the General Revenue Fund to the Teachers Health Insurance

24
Security Fund.

25
    (k-2) In addition to any other transfers that may be 
26
provided for by
law, on July 1, 2003, or as soon as may be 
27
practical thereafter, the State
Comptroller shall direct and 
28
the State Treasurer shall transfer the sum of
$2,000,000 from 
29
the General Revenue Fund to the Teachers Health Insurance

30
Security Fund.

31
    (k-3) On or after July 1, 2002 and no later than June 30, 
32
2003, in
addition to any other transfers that may be provided 
33
for by law, at the
direction of and upon notification from the 
34
Governor, the State Comptroller
shall direct and the State 


 


 






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Treasurer shall transfer amounts not to exceed the
following 
2
sums into the Statistical Services Revolving Fund:





























































3    Appraisal Administration Fund.................$150,000
4    General Revenue Fund..........................10,440,000
5    Savings and Residential Finance
6        Regulatory Fund...........................200,000
7    State Pensions Fund...........................100,000
8    Bank and Trust Company Fund...................100,000
9    Professions Indirect Cost Fund................3,400,000
10    Public Utility Fund...........................2,081,200
11    Real Estate License Administration Fund.......150,000
12    Title III Social Security and
13        Employment Fund...........................1,000,000
14    Transportation Regulatory Fund................3,052,100
15    Underground Storage Tank Fund.................50,000
16
    (l) In addition to any other transfers that may be provided 
17
for by law, on
July 1, 2002, or as soon as may be practical 
18
thereafter, the State Comptroller
shall direct and the State 
19
Treasurer shall transfer the sum of $3,000,000 from
the General 
20
Revenue Fund to the Presidential Library and Museum Operating

21
Fund.

22
    (m) In addition to any other transfers that may be provided 
23
for by law, on
July 1, 2002 and on the effective date of this 
24
amendatory Act of the 93rd
General Assembly, or as soon 
25
thereafter as may be practical, the State Comptroller
shall 
26
direct and the State Treasurer shall transfer the sum of 
27
$1,200,000 from
the General Revenue Fund to the Violence 
28
Prevention Fund.

29
    (n) In addition to any other transfers that may be provided 
30
for by law,
on July 1,
2003, or as soon thereafter as may be 
31
practical, the State Comptroller shall
direct and the
State 
32
Treasurer shall transfer the sum of $6,800,000 from the General 
33
Revenue
Fund to
the DHS Recoveries Trust Fund.

34
    (o) On or after July 1, 2003, and no later than June 30, 


 


 






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2004, in
addition to any
other transfers that may be provided 
2
for by law, at the direction of and upon
notification
from the 
3
Governor, the State Comptroller shall direct and the State 
4
Treasurer
shall
transfer amounts not to exceed the following 
5
sums into the Vehicle Inspection
Fund:













6    From the Underground Storage Tank Fund .......$35,000,000.
7
    (p) On or after July 1, 2003 and until May 1, 2004, in 
8
addition to any
other
transfers that may be provided for by 
9
law, at the direction of and upon
notification from
the 
10
Governor, the State Comptroller shall direct and the State 
11
Treasurer shall
transfer
amounts not exceeding a total of 
12
$80,000,000 from the General Revenue Fund to
the
Tobacco 
13
Settlement Recovery Fund. Any amounts so transferred shall be

14
re-transferred
from the Tobacco Settlement Recovery Fund to the 
15
General Revenue Fund at the
direction of and upon notification 
16
from the Governor, but in any event on or
before June
30, 2004.

17
    (q) In addition to any other transfers that may be provided 
18
for by law, on
July 1,
2003, or as soon as may be practical 
19
thereafter, the State Comptroller shall
direct and the
State 
20
Treasurer shall transfer the sum of $5,000,000 from the General 
21
Revenue
Fund to
the Illinois Military Family Relief Fund.

22
    (r) In addition to any other transfers that may be provided 
23
for by law, on
July 1,
2003, or as soon as may be practical 
24
thereafter, the State Comptroller shall
direct and the
State 
25
Treasurer shall transfer the sum of $1,922,000 from the General 
26
Revenue
Fund to
the Presidential Library and Museum Operating 
27
Fund.

28
    (s) In addition to any other transfers that may be provided 
29
for by law, on
or after
July 1, 2003, the State Comptroller 
30
shall direct and the State Treasurer shall
transfer the
sum of 
31
$4,800,000 from the Statewide Economic Development Fund to the 
32
General
Revenue Fund.

33
    (t) In addition to any other transfers that may be provided 
34
for by law, on
or after
July 1, 2003, the State Comptroller 
 


 






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shall direct and the State Treasurer shall
transfer the
sum of 
2
$50,000,000 from the General Revenue Fund to the Budget 
3
Stabilization
Fund.

4
    (u) On or after July 1, 2004 and until May 1, 2005, in 
5
addition to any other transfers that may be provided for by 
6
law, at the direction of and upon notification from the 
7
Governor, the State Comptroller shall direct and the State 
8
Treasurer shall transfer amounts not exceeding a total of 
9
$80,000,000 from the General Revenue Fund to the Tobacco 
10
Settlement Recovery Fund.  Any amounts so transferred shall be 
11
retransferred by the State Comptroller and the State Treasurer 
12
from the Tobacco Settlement Recovery Fund to the General 
13
Revenue Fund at the direction of and upon notification from the 
14
Governor, but in any event on or before June 30, 2005.

15
    (v) In addition to any other transfers that may be provided 
16
for by law, on July 1, 2004, or as soon thereafter as may be 
17
practical, the State Comptroller shall direct and the State 
18
Treasurer shall transfer the sum of $1,200,000 from the General 
19
Revenue Fund to the Violence Prevention Fund.
20
    (w) In addition to any other transfers that may be provided 
21
for by law, on July 1, 2004, or as soon thereafter as may be 
22
practical, the State Comptroller shall direct and the State 
23
Treasurer shall transfer the sum of $6,445,000 from the General 
24
Revenue Fund to the Presidential Library and Museum Operating 
25
Fund.

26
    (x) In addition to any other transfers that may be provided 
27
for by law, on January 15, 2005, or as soon thereafter as may 
28
be practical, the State Comptroller shall direct and the State 
29
Treasurer shall transfer to the General Revenue Fund the 
30
following sums:
31
        From the State Crime Laboratory Fund, $200,000;
32
        From the State Police Wireless Service Emergency Fund, 
33
    $200,000;
34
        From the State Offender DNA Identification System 
 


 






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    Fund, $800,000; and
2
        From the State Police Whistleblower Reward and 
3
    Protection Fund, $500,000.

4
    (y) In addition to any other transfers that may be provided 
5
for by law, on April 1, 2005, or as soon thereafter as may be 
6
practical, the State Comptroller shall direct and the State 
7
Treasurer shall transfer from the General Revenue  Fund amounts 
8
not to exceed $14,000,000 to the Community Mental Health 
9
Medicaid Trust Fund.

10
(Source: P.A. 92-11, eff. 6-11-01; 92-505, eff. 12-20-01; 
11
92-600, eff. 6-28-02; 93-32, eff. 6-20-03; 93-648, eff. 1-8-04; 
12
93-839, eff. 7-30-04; 93-1067, eff. 1-15-05.)

 

13
    Section 99. Effective date. This Act takes effect upon 
14
becoming law.".