Rep. Lou Lang
Filed: 5/21/2008
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1 | AMENDMENT TO HOUSE BILL 5668
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2 | AMENDMENT NO. ______. Amend House Bill 5668, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The State Finance Act is amended by changing | ||||||
6 | Section 8h and adding Section 5.708 as follows: | ||||||
7 | (30 ILCS 105/5.708 new) | ||||||
8 | Sec. 5.708. The Department of Human Rights Special Fund. | ||||||
9 | (30 ILCS 105/8h)
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10 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
11 | (a) Except as otherwise provided in this Section and | ||||||
12 | Section 8n of this Act, and
notwithstanding any other
State law | ||||||
13 | to the contrary, the Governor
may, through June 30, 2007, from | ||||||
14 | time to time direct the State Treasurer and Comptroller to | ||||||
15 | transfer
a specified sum from any fund held by the State |
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1 | Treasurer to the General
Revenue Fund in order to help defray | ||||||
2 | the State's operating costs for the
fiscal year. The total | ||||||
3 | transfer under this Section from any fund in any
fiscal year | ||||||
4 | shall not exceed the lesser of (i) 8% of the revenues to be | ||||||
5 | deposited
into the fund during that fiscal year or (ii) an | ||||||
6 | amount that leaves a remaining fund balance of 25% of the July | ||||||
7 | 1 fund balance of that fiscal year. In fiscal year 2005 only, | ||||||
8 | prior to calculating the July 1, 2004 final balances, the | ||||||
9 | Governor may calculate and direct the State Treasurer with the | ||||||
10 | Comptroller to transfer additional amounts determined by | ||||||
11 | applying the formula authorized in Public Act 93-839 to the | ||||||
12 | funds balances on July 1, 2003.
No transfer may be made from a | ||||||
13 | fund under this Section that would have the
effect of reducing | ||||||
14 | the available balance in the fund to an amount less than
the | ||||||
15 | amount remaining unexpended and unreserved from the total | ||||||
16 | appropriation
from that fund estimated to be expended for that | ||||||
17 | fiscal year. This Section does not apply to any
funds that are | ||||||
18 | restricted by federal law to a specific use, to any funds in
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19 | the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | ||||||
20 | Hospital Provider Fund, the Medicaid Provider Relief Fund, the | ||||||
21 | Teacher Health Insurance Security Fund, the Reviewing Court | ||||||
22 | Alternative Dispute Resolution Fund, the Voters' Guide Fund, | ||||||
23 | the Foreign Language Interpreter Fund, the Lawyers' Assistance | ||||||
24 | Program Fund, the Supreme Court Federal Projects Fund, the | ||||||
25 | Supreme Court Special State Projects Fund, the Supplemental | ||||||
26 | Low-Income Energy Assistance Fund, the Good Samaritan Energy |
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1 | Trust Fund, the Low-Level Radioactive Waste Facility | ||||||
2 | Development and Operation Fund, the Horse Racing Equity Trust | ||||||
3 | Fund, the Metabolic Screening and Treatment Fund, or the | ||||||
4 | Hospital Basic Services Preservation Fund, or to any
funds to | ||||||
5 | which Section 70-50 of the Nurse Practice Act applies. No | ||||||
6 | transfers may be made under this Section from the Pet | ||||||
7 | Population Control Fund. Notwithstanding any
other provision | ||||||
8 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
9 | this Section from the Road Fund or the State
Construction | ||||||
10 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
11 | revenues to be deposited
into the fund during that fiscal year | ||||||
12 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
13 | year 2005 through fiscal year 2007, no amounts may be | ||||||
14 | transferred under this Section from the Road Fund, the State | ||||||
15 | Construction Account Fund, the Criminal Justice Information | ||||||
16 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
17 | Mandatory Arbitration Fund.
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18 | In determining the available balance in a fund, the | ||||||
19 | Governor
may include receipts, transfers into the fund, and | ||||||
20 | other
resources anticipated to be available in the fund in that | ||||||
21 | fiscal year.
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22 | The State Treasurer and Comptroller shall transfer the | ||||||
23 | amounts designated
under this Section as soon as may be | ||||||
24 | practicable after receiving the direction
to transfer from the | ||||||
25 | Governor.
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26 | (a-5) Transfers directed to be made under this Section on |
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1 | or before February 28, 2006 that are still pending on May 19, | ||||||
2 | 2006 (the effective date of Public Act 94-774) shall be | ||||||
3 | redirected as provided in Section 8n of this Act.
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4 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
5 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
6 | Services and Resources Act; or (iii) on or after January 1, | ||||||
7 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
8 | and Day and Temporary Labor Enforcement Fund. | ||||||
9 | (c) This Section does not apply to the Demutualization | ||||||
10 | Trust Fund established under the Uniform Disposition of | ||||||
11 | Unclaimed Property Act.
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12 | (d) This Section does not apply to moneys set aside in the | ||||||
13 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
14 | scholarships and residency programs under the Podiatric | ||||||
15 | Scholarship and Residency Act. | ||||||
16 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
17 | be made under this Section from, the Pension Stabilization | ||||||
18 | Fund.
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19 | (f) Subsection (a) does not apply to, and no transfer may | ||||||
20 | be made under this Section from, the Illinois Power Agency | ||||||
21 | Operations Fund, the Illinois Power Agency Facilities Fund, the | ||||||
22 | Illinois Power Agency Debt Service Fund, and the Illinois Power | ||||||
23 | Agency Trust Fund.
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24 | (g)
(f) This Section does not apply to the Veterans Service | ||||||
25 | Organization Reimbursement Fund.
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26 | (h)
(f) This Section does not apply to the Supreme Court |
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1 | Historic Preservation Fund.
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2 | (i) This Section does not apply to the Department of Human | ||||||
3 | Rights Special Fund. | ||||||
4 | (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | ||||||
5 | eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; | ||||||
6 | 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. | ||||||
7 | 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | ||||||
8 | eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | ||||||
9 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. | ||||||
10 | 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | ||||||
11 | eff. 10-5-07; 95-695, eff. 11-5-07; revised 11-2-07.)
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12 | Section 10. The Illinois Human Rights Act is amended by | ||||||
13 | adding Section 7-113 as follows: | ||||||
14 | (775 ILCS 5/7-113 new) | ||||||
15 | Sec. 7-113. Employer report form; registration fee. When a | ||||||
16 | person files an "Employer Report Form" (PC-1) with the | ||||||
17 | Department as specified in subsection (J) of Section 2-101 to | ||||||
18 | establish eligibility to be awarded a contract by a State | ||||||
19 | agency, the person must pay a $75 registration fee. A person | ||||||
20 | must also pay a
$75 registration fee when the person files for | ||||||
21 | renewal of eligibility. These fees shall be paid into the | ||||||
22 | Department of Human Rights Special Fund, a special fund that is | ||||||
23 | created in the State treasury. Notwithstanding any other law to | ||||||
24 | the contrary, the Fund is not subject to sweeps, administrative |
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1 | charges or charge-backs, or any other fiscal or budgetary | ||||||
2 | maneuver that would in any way transfer any funds from the Fund | ||||||
3 | into any other fund of the State. Moneys in the Fund shall be | ||||||
4 | used solely to fund the Department's public contract compliance | ||||||
5 | monitoring program and other Department programs and | ||||||
6 | activities. | ||||||
7 | Notwithstanding any other rulemaking authority that may | ||||||
8 | exist, neither the Governor nor any agency or agency head under | ||||||
9 | the jurisdiction of the Governor has any authority to make or | ||||||
10 | promulgate rules to implement or enforce the provisions of this | ||||||
11 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
12 | Governor believes that rules are necessary to implement or | ||||||
13 | enforce the provisions of this amendatory Act of the 95th | ||||||
14 | General Assembly, the Governor may suggest rules to the General | ||||||
15 | Assembly by filing them with the Clerk of the House and | ||||||
16 | Secretary of the Senate and by requesting that the General | ||||||
17 | Assembly authorize such rulemaking by law, enact those | ||||||
18 | suggested rules into law, or take any other appropriate action | ||||||
19 | in the General Assembly's discretion. Nothing contained in this | ||||||
20 | amendatory Act of the 95th General Assembly shall be | ||||||
21 | interpreted to grant rulemaking authority under any other | ||||||
22 | Illinois statute where such authority is not otherwise | ||||||
23 | explicitly given. For the purposes of this amendatory Act of | ||||||
24 | the 95th General Assembly, "rules" is given the meaning | ||||||
25 | contained in Section 1-70 of the Illinois Administrative | ||||||
26 | Procedure Act, and "agency" and "agency head" are given the |
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1 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
2 | Administrative Procedure Act to the extent that such | ||||||
3 | definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor.
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5 | Section 99. Effective date. This Act takes effect January | ||||||
6 | 1, 2009.".
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