HB2934ham005 97TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 4/12/2011

09700HB2934ham005 LRB097 06801 KTG 54434 a

AMENDMENT TO HOUSE BILL 2934

AMENDMENT NO. ______. Amend House Bill 2934 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Cash Management and Medicaid Maximization Act of 2011.

Section 5. Interfund transfers.

(a) Notwithstanding any other provision of State law to the contrary, on the effective date of this Act, or as soon thereafter as practical, for the purpose of accessing enhanced federal Medicaid matching funds that expire on June 30, 2011, on or after June 20, 2011 and no later than June 25, 2011 the State Comptroller shall direct and the State Treasurer shall transfer amounts into the Healthcare Provider Relief Fund from the designated funds not exceeding the following totals:

Water Revolving Fund.........................$400,000,000

General Obligation Bond Retirement

and Interest Fund........................$500,000,000

(b) On and after the effective date of this Act through July 30, 2011, if either the Water Revolving Fund or the General Obligation Bond Retirement and Interest Fund has insufficient cash from which the State Comptroller may make expenditures properly supported by appropriations from the fund, then the State Treasurer and the State Comptroller shall transfer from the General Revenue Fund to the fund only such amount as is immediately necessary to satisfy outstanding expenditure obligations on a timely basis, subject to the provisions of the State Prompt Payment Act. All or a portion of the amounts transferred from the General Revenue Fund to a fund pursuant to this subsection (b) from time to time may be re-transferred by the State Comptroller and the State Treasurer from the receiving fund into the General Revenue Fund as soon as and to the extent that deposits are made into or receipts are collected by the receiving fund.

If the General Revenue Fund has insufficient cash from which the State Comptroller may make repayments to the Water Revolving Fund or the General Obligation Bond Retirement and Interest Fund in order to satisfy any immediate federal or State obligations, then the Governor, the State Treasurer, and the State Comptroller shall transfer from special funds of the State, to the extent allowed by federal law, to the Water Revolving Fund or the General Obligation Bond Retirement and Interest Fund only such amount as is immediately necessary to satisfy outstanding expenditure obligations on a timely basis, subject to provisions of the State Prompt Payment Act. No transfer may be made from a fund under this Section that would have the effect of reducing the available balance in the fund to an amount less than the amount remaining unexpended and unreserved from the total appropriation from that fund estimated to be expended for the months of July and August 2011. Notwithstanding any other provision of this Section, no such transfer may be made from any special fund that is exclusively collected by or appropriated to any other constitutional officer without the written approval of that constitutional officer. Any moneys transferred pursuant to this subsection shall be repaid from the General Revenue Fund to the fund of origin by August 31, 2011.

(c) By no later than July 30, 2011 any amounts transferred from the Water Revolving Fund or the General Obligation Bond Retirement and Interest Fund under the authority of this Section shall be transferred back and receipted by the General Revenue Fund and the Healthcare and Provider Relief Fund. These transfers back to the funds of origin shall be made and receipted notwithstanding any other State law to the contrary.

If the General Revenue Fund has insufficient cash from which the State Comptroller may make repayments to the Water Revolving Fund or the General Obligation Bond Retirement and Interest Fund in order to satisfy any immediate federal or State obligations, then the Governor, the State Treasurer, and the State Comptroller shall transfer from special funds of the State, to the extent allowed by federal law, to the Water Revolving Fund or the General Obligation Bond Retirement and Interest Fund only such amount as is immediately necessary to satisfy outstanding expenditure obligations on a timely basis, subject to provisions of the State Prompt Payment Act. No transfer may be made from a fund under this Section that would have the effect of reducing the available balance in the fund to an amount less than the amount remaining unexpended and unreserved from the total appropriation from that fund estimated to be expended for the months of July and August 2011. Notwithstanding any other provision of this Section, no such transfer may be made from any special fund that is exclusively collected by or appropriated to any other constitutional officer without the written approval of that constitutional officer. Any moneys transferred pursuant to this subsection shall be repaid from the General Revenue Fund to the fund of origin by August 31, 2011.

Section 10. Interest payable to the Water Revolving Fund and the General Obligation Bond Retirement and Interest Fund. As soon as practical after all amounts initially transferred from the Water Revolving Fund and the General Obligation Bond Retirement and Interest Fund have been transferred back pursuant to Section 5 of this Act, the State Treasurer shall calculate the amounts of interest that would have accrued to any special State fund that transferred moneys for the purposes of this Act if those transfers had not occurred and transfer those amounts from the General Revenue Fund to those special funds of the State.

Section 15. Prohibition on payments to contractors. No fees or expenses shall be paid by the State to any contractual legal counsel, financial advisor, or other consultant or contractor in relation to the actions authorized pursuant to this Act.

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