Rep. Susana A Mendoza
Filed: 3/18/2008
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1 | AMENDMENT TO HOUSE BILL 4981
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2 | AMENDMENT NO. ______. Amend House Bill 4981 on page 1, line | ||||||
3 | 5 by inserting "and changing Section 8h" after "5.708"; and
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4 | on page 1, by inserting after line 7 the following: | ||||||
5 | "(30 ILCS 105/8h)
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6 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
7 | (a) Except as otherwise provided in this Section and | ||||||
8 | Section 8n of this Act, and
notwithstanding any other
State law | ||||||
9 | to the contrary, the Governor
may, through June 30, 2007, from | ||||||
10 | 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 (i) 8% of the revenues to be | ||||||
16 | deposited
into the fund during that fiscal year or (ii) an |
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1 | amount that leaves a remaining fund balance of 25% of the July | ||||||
2 | 1 fund balance of that fiscal year. In fiscal year 2005 only, | ||||||
3 | prior to calculating the July 1, 2004 final balances, the | ||||||
4 | Governor may calculate and direct the State Treasurer with the | ||||||
5 | Comptroller to transfer additional amounts determined by | ||||||
6 | applying the formula authorized in Public Act 93-839 to the | ||||||
7 | funds balances on July 1, 2003.
No transfer may be made from a | ||||||
8 | fund under this Section that would have the
effect of reducing | ||||||
9 | the available balance in the fund to an amount less than
the | ||||||
10 | amount remaining unexpended and unreserved from the total | ||||||
11 | appropriation
from that fund estimated to be expended for that | ||||||
12 | fiscal year. This Section does not apply to any
funds that are | ||||||
13 | restricted by federal law to a specific use, to any funds in
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14 | the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | ||||||
15 | Hospital Provider Fund, the Medicaid Provider Relief Fund, the | ||||||
16 | Teacher Health Insurance Security Fund, the Reviewing Court | ||||||
17 | Alternative Dispute Resolution Fund, the Voters' Guide Fund, | ||||||
18 | the Foreign Language Interpreter Fund, the Lawyers' Assistance | ||||||
19 | Program Fund, the Supreme Court Federal Projects Fund, the | ||||||
20 | Supreme Court Special State Projects Fund, the Supplemental | ||||||
21 | Low-Income Energy Assistance Fund, the Good Samaritan Energy | ||||||
22 | Trust Fund, the Low-Level Radioactive Waste Facility | ||||||
23 | Development and Operation Fund, the Horse Racing Equity Trust | ||||||
24 | Fund, the Metabolic Screening and Treatment Fund, or the | ||||||
25 | Hospital Basic Services Preservation Fund, or to any
funds to | ||||||
26 | which Section 70-50 of the Nurse Practice Act applies. No |
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1 | transfers may be made under this Section from the Pet | ||||||
2 | Population Control Fund. Notwithstanding any
other provision | ||||||
3 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
4 | this Section from the Road Fund or the State
Construction | ||||||
5 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
6 | revenues to be deposited
into the fund during that fiscal year | ||||||
7 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
8 | year 2005 through fiscal year 2007, no amounts may be | ||||||
9 | transferred under this Section from the Road Fund, the State | ||||||
10 | Construction Account Fund, the Criminal Justice Information | ||||||
11 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
12 | Mandatory Arbitration Fund.
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13 | In determining the available balance in a fund, the | ||||||
14 | Governor
may include receipts, transfers into the fund, and | ||||||
15 | other
resources anticipated to be available in the fund in that | ||||||
16 | fiscal year.
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17 | The State Treasurer and Comptroller shall transfer the | ||||||
18 | amounts designated
under this Section as soon as may be | ||||||
19 | practicable after receiving the direction
to transfer from the | ||||||
20 | Governor.
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21 | (a-5) Transfers directed to be made under this Section on | ||||||
22 | or before February 28, 2006 that are still pending on May 19, | ||||||
23 | 2006 (the effective date of Public Act 94-774) shall be | ||||||
24 | redirected as provided in Section 8n of this Act.
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25 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
26 | Cure Fund; (ii) any fund established under the Community Senior |
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1 | Services and Resources Act; or (iii) on or after January 1, | ||||||
2 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
3 | and Day and Temporary Labor Enforcement Fund. | ||||||
4 | (c) This Section does not apply to the Demutualization | ||||||
5 | Trust Fund established under the Uniform Disposition of | ||||||
6 | Unclaimed Property Act.
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7 | (d) This Section does not apply to moneys set aside in the | ||||||
8 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
9 | scholarships and residency programs under the Podiatric | ||||||
10 | Scholarship and Residency Act. | ||||||
11 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
12 | be made under this Section from, the Pension Stabilization | ||||||
13 | Fund.
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14 | (f) Subsection (a) does not apply to, and no transfer may | ||||||
15 | be made under this Section from, the Illinois Power Agency | ||||||
16 | Operations Fund, the Illinois Power Agency Facilities Fund, the | ||||||
17 | Illinois Power Agency Debt Service Fund, and the Illinois Power | ||||||
18 | Agency Trust Fund.
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19 | (g)
(f) This Section does not apply to the Veterans Service | ||||||
20 | Organization Reimbursement Fund.
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21 | (h)
(f) This Section does not apply to the Supreme Court | ||||||
22 | Historic Preservation Fund.
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23 | (i) This Section does not apply to the Roadside Memorial | ||||||
24 | Fund. | ||||||
25 | (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | ||||||
26 | eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; |
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1 | 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. | ||||||
2 | 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | ||||||
3 | eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | ||||||
4 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. | ||||||
5 | 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | ||||||
6 | eff. 10-5-07; 95-695, eff. 11-5-07; revised 11-2-07.)".
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