Rep. David E. Miller
Filed: 4/20/2007
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1 | AMENDMENT TO HOUSE BILL 2253
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2 | AMENDMENT NO. ______. Amend House Bill 2253 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. If, and only if, the provisions of House Bill | ||||||
5 | 750 of the 95th General Assembly become law, then the State | ||||||
6 | Finance Act is amended by changing Section 8h and by adding | ||||||
7 | Sections 5.675 and 6z-69 as follows: | ||||||
8 | (30 ILCS 105/5.675 new) | ||||||
9 | Sec. 5.675. The Human Services Cost-Of-Doing-Business | ||||||
10 | Fund. | ||||||
11 | (30 ILCS 105/6z-69 new)
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12 | Sec. 6z-69. The Human Services Cost-Of-Doing-Business | ||||||
13 | Fund. | ||||||
14 | (a) The inclusion of certain services into the definition | ||||||
15 | of "sale at retail" in the Retailers' Occupation Tax Act as |
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1 | amended by House Bill 750 of the 95th General Assembly will | ||||||
2 | lead to increased revenues to the State, much of which will be | ||||||
3 | deposited into the General Revenue Fund. It is the intention of | ||||||
4 | this Section to apply a portion of those increased revenues for | ||||||
5 | the purpose of purchase of care contracts and grant agreements | ||||||
6 | to further assist the citizens of Illinois.
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7 | (b) The Human Services Cost-Of-Doing-Business Fund is | ||||||
8 | created as a special fund in the State treasury. Moneys in the | ||||||
9 | Fund may be used only for the purposes of an annual | ||||||
10 | cost-of-doing-business adjustment, as set forth under | ||||||
11 | subsection (d). | ||||||
12 | (c) Each State fiscal year, beginning with the first fiscal | ||||||
13 | year that begins after the effective date of House Bill 750 of | ||||||
14 | the 95th General Assembly, the State Treasurer shall transfer | ||||||
15 | to the Fund, from the General Revenue Fund, the amount of | ||||||
16 | $175,000,000, adjusted annually after the first full fiscal | ||||||
17 | year for which the Fund is established based upon the | ||||||
18 | Employment Cost Index. Moneys received for the purposes of this | ||||||
19 | Section, including, without limitation, transfers, | ||||||
20 | appropriations, and gifts, grants, and awards from any public | ||||||
21 | or private entity must be deposited into the Fund. Any interest | ||||||
22 | earnings that are attributable to moneys in the Fund must be | ||||||
23 | deposited into the Fund. | ||||||
24 | (d) The moneys in the Fund shall be used, subject to | ||||||
25 | appropriation, to provide for all or part of an annual 3% cost | ||||||
26 | of doing business adjustment for purchase of care contracts and |
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1 | grant agreements entered into between (i) the Department of | ||||||
2 | Children and Family Services, the Department of Human Services, | ||||||
3 | the Department of Public Health, the Department of Healthcare | ||||||
4 | and Family Services, the Department on Aging, the Office of the | ||||||
5 | Attorney General, the Department of Corrections, the | ||||||
6 | Department of Juvenile Justice, or the Department of Commerce | ||||||
7 | and Economic Opportunity and (ii) a private community-based | ||||||
8 | contractual provider or grantee. | ||||||
9 | (e) The Fund is not subject to sweeps, administrative | ||||||
10 | charges, or charge-backs, including but not limited to, those | ||||||
11 | authorized under Section 8h of the State Finance Act or any | ||||||
12 | other fiscal or budgetary maneuver that would in any way | ||||||
13 | transfer any funds from the Fund into any other fund of the | ||||||
14 | State. | ||||||
15 | (f) As used in this Section: | ||||||
16 | "Employment Cost Index" has the meaning set forth in | ||||||
17 | Section 4 of the General Assembly Compensation Act. | ||||||
18 | "Grant" has the meaning set forth in Section 1-15.42 of the | ||||||
19 | Illinois Procurement Code. | ||||||
20 | "Purchase of care contract" means a contract between a | ||||||
21 | State officer or agency and a private provider under which | ||||||
22 | rates for services are set in accordance with a formula that | ||||||
23 | takes personnel, supplies, and other allowable costs into | ||||||
24 | account. The term "purchase of care contract" does not include | ||||||
25 | any contract for a provider of medical services.
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1 | (30 ILCS 105/8h)
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2 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
3 | (a) Except as otherwise provided in this Section and | ||||||
4 | Section 8n of this Act, and (c), (d), or (e),
notwithstanding | ||||||
5 | any other
State law to the contrary, the Governor
may, through | ||||||
6 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
7 | Comptroller to transfer
a specified sum from any fund held by | ||||||
8 | the State Treasurer to the General
Revenue Fund in order to | ||||||
9 | help defray the State's operating costs for the
fiscal year. | ||||||
10 | The total transfer under this Section from any fund in any
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11 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
12 | revenues to be deposited
into the fund during that fiscal year | ||||||
13 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
14 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
15 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
16 | balances, the Governor may calculate and direct the State | ||||||
17 | Treasurer with the Comptroller to transfer additional amounts | ||||||
18 | determined by applying the formula authorized in Public Act | ||||||
19 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
20 | be made from a fund under this Section that would have the
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21 | effect of reducing the available balance in the fund to an | ||||||
22 | amount less than
the amount remaining unexpended and unreserved | ||||||
23 | from the total appropriation
from that fund estimated to be | ||||||
24 | expended for that fiscal year. This Section does not apply to | ||||||
25 | any
funds that are restricted by federal law to a specific use, | ||||||
26 | to any funds in
the Motor Fuel Tax Fund, the Intercity |
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1 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
2 | Provider Relief Fund, the Teacher Health Insurance Security | ||||||
3 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, | ||||||
4 | the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||||||
5 | the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||||||
6 | Projects Fund, the Supreme Court Special State Projects Fund, | ||||||
7 | the Supplemental Low-Income Energy Assistance Fund, the Good | ||||||
8 | Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | ||||||
9 | Facility Development and Operation Fund, the Horse Racing | ||||||
10 | Equity Trust Fund, or the Hospital Basic Services Preservation | ||||||
11 | Fund, or to any
funds to which subsection (f) of Section 20-40 | ||||||
12 | of the Nursing and Advanced Practice Nursing Act applies. No | ||||||
13 | transfers may be made under this Section from the Pet | ||||||
14 | Population Control Fund. Notwithstanding any
other provision | ||||||
15 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
16 | this Section from the Road Fund or the State
Construction | ||||||
17 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
18 | revenues to be deposited
into the fund during that fiscal year | ||||||
19 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
20 | year 2005 through fiscal year 2007, no amounts may be | ||||||
21 | transferred under this Section from the Road Fund, the State | ||||||
22 | Construction Account Fund, the Criminal Justice Information | ||||||
23 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
24 | Mandatory Arbitration Fund.
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25 | In determining the available balance in a fund, the | ||||||
26 | Governor
may include receipts, transfers into the fund, and |
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1 | other
resources anticipated to be available in the fund in that | ||||||
2 | fiscal year.
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3 | The State Treasurer and Comptroller shall transfer the | ||||||
4 | amounts designated
under this Section as soon as may be | ||||||
5 | practicable after receiving the direction
to transfer from the | ||||||
6 | Governor.
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7 | (a-5) Transfers directed to be made under this Section on | ||||||
8 | or before February 28, 2006 that are still pending on May 19, | ||||||
9 | 2006 ( the effective date of Public Act 94-774)
this amendatory | ||||||
10 | Act of the 94th General Assembly shall be redirected as | ||||||
11 | provided in Section 8n of this Act.
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12 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
13 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
14 | Services and Resources Act; or (iii) on or after January 1, | ||||||
15 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
16 | and Day and Temporary Labor Enforcement Fund. | ||||||
17 | (c) This Section does not apply to the Demutualization | ||||||
18 | Trust Fund established under the Uniform Disposition of | ||||||
19 | Unclaimed Property Act.
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20 | (d) This Section does not apply to moneys set aside in the | ||||||
21 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
22 | scholarships and residency programs under the Podiatric | ||||||
23 | Scholarship and Residency Act. | ||||||
24 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
25 | be made under this Section from, the Pension Stabilization | ||||||
26 | Fund.
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1 | This Section does not apply to the Human Services | ||||||
2 | Cost-Of-Doing-Business Fund.
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3 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
4 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
5 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
6 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
7 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
8 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
9 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||||||
10 | 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | ||||||
11 | eff. 6-6-06; revised 6-19-06.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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