SB0274eng 99TH GENERAL ASSEMBLY

SB0274 Engrossed LRB099 03020 SXM 23028 b

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Fiscal Year 2015 Emergency Act.

Section 5. Legislative intent. The General Assembly hereby finds and declares that the State is confronted with an unprecedented fiscal crisis. This Act is to be liberally construed and interpreted in a manner that allows the State, together with other actions taken, to address the fiscal crisis for the fiscal year ending June 30, 2015.

Section 10. Fund transfers.

(a) Notwithstanding any other provision of law, but subject to the provisions of this Act, at the direction of and upon notification from the Governor, the Comptroller shall direct and the Treasurer shall transfer an amount specified by the Governor for the State's fiscal year 2015 from the following funds to any general fund held by the Treasurer: Supplemental Low-Income Energy Assistance Fund Food and Drug Safety Fund Teacher Certificate Fee Revolving Fund Grade Crossing Protection Fund Financial Institution Fund General Professions Dedicated Fund Lobbyist Registration Administration Fund Agricultural Premium Fund Fire Prevention Fund Illinois State Pharmacy Disciplinary Fund Radiation Protection Fund Hospital Licensure Fund Underground Storage Tank Fund Solid Waste Management Fund Subtitle D Management Fund Illinois State Medical Disciplinary Fund Facility Licensing Fund Registered Certified Public Accountants' Administration and

Disciplinary Fund Motor Vehicle Theft Prevention Trust Fund Weights and Measures Fund State and Local Sales Tax Reform Fund County and Mass Transit District Fund Local Government Tax Fund Illinois Fisheries Management Fund Capital Development Board Revolving Fund Intercity Passenger Rail Fund Illinois Health Facilities Planning Fund Emergency Public Health Fund TOMA Consumer Protection Fund Fair and Exposition Fund State Police Vehicle Fund Nursing Dedicated and Professional Fund Underground Resources Conservation Enforcement Fund State Rail Freight Loan Repayment Fund Illinois Affordable Housing Trust Fund Home Care Services Agency Licensure Fund Fertilizer Control Fund Securities Investors Education Fund Used Tire Management Fund Natural Areas Acquisition Fund I-FLY Fund Illinois Prescription Drug Discount Program Fund ICJIA Violence Prevention Special Projects Fund Tattoo and Body Piercing Establishment Registration Fund Public Health Laboratory Services Revolving Fund Provider Inquiry Trust Fund Securities Audit and Enforcement Fund Drug Treatment Fund Feed Control Fund Plumbing Licensure and Program Fund Appraisal Administration Fund Trauma Center Fund Alternate Fuels Fund Federal High Speed Rail Trust Fund Illinois State Fair Fund Agricultural Master Fund Human Services Priority Capital Program Fund State Asset Forfeiture Fund Health Facility Plan Review Fund Illinois Workers' Compensation Commission Operations Fund Workforce, Technology, and Economic Development Fund Downstate Transit Improvement Fund Renewable Energy Resources Trust Fund Energy Efficiency Trust Fund Pesticide Control Fund Partners for Conservation Fund Wireless Service Emergency Fund Death Certificate Surcharge Fund Illinois Adoption Registry and Medical

Information Exchange Fund Fund for the Advancement of Education Commitment to Human Services Fund Illinois Standardbred Breeders Fund Illinois Thoroughbred Breeders Fund Spinal Cord Injury Paralysis Cure Research Trust Fund Medicaid Buy-In Program Revolving Fund Home Inspector Administration Fund Real Estate Audit Fund Illinois AgriFIRST Program Fund Performance-enhancing Substance Testing Fund Bank and Trust Company Fund Natural Resources Restoration Trust Fund Illinois Power Agency Renewable Energy Resources Fund Real Estate Research and Education Fund Real Estate License Administration Fund Abandoned Residential Property Municipality Relief Fund State Police Services Fund Metabolic Screening and Treatment Fund Insurance Producer Administration Fund Coal Technology Development Assistance Fund Low-Level Radioactive Waste Facility Development and

Operation Fund Low-Level Radioactive Waste Facility Closure, Post-Closure

Care and Compensation Fund Illinois State Podiatric Disciplinary Fund Park and Conservation Fund Vehicle Inspection Fund Local Tourism Fund Illinois Capital Revolving Loan Fund Illinois Equity Fund Public Infrastructure Construction Loan Revolving Fund Insurance Financial Regulation Fund Dram Shop Fund Illinois State Dental Disciplinary Fund ISBE Teacher Certificate Institute Fund Mental Health Fund Tobacco Settlement Recovery Fund Public Health Special State Projects Fund

(b) The sum of transfers made pursuant to this Section may not exceed $26,000,000.

(c) No transfer pursuant to this Section may be made from (i) any federal trust fund; (ii) any amount set aside for payment of debt service; (iii) any amount set aside for the State retirement systems governed by Article 2, 14, 15, 16, or 18 of the Illinois Pension Code; (iv) any fund designated for use exclusively by the legislative branch or the judicial branch, or any official or agency of the foregoing branches, or by the State Board of Elections or the State Board of Education; (v) any State fund designated for use exclusively by the Attorney General, the Secretary of State, the Comptroller, or the Treasurer without the written authorization from such official; or (vi) the Road Fund, Motor Fuel Tax Fund, and State Construction Account Fund.

(d) No transfer made pursuant to this Section may reduce the cumulative balance of all of the funds held by the Treasurer to an amount less than the total debt service payable during the 12 months immediately following the date of the transfer on any bonded indebtedness of the State and any certificates issued under the Short Term Borrowing Act. When any of the funds from which moneys have been transferred under this Section have insufficient cash from which the State Comptroller may make expenditures properly supported by appropriations from the fund, then, at the direction of the Director of the Governor's Office of Management and Budget, the State Treasurer and 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 the preceding sentence 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 received by the receiving fund. If the Director of the Governor's Office of Management and Budget determines that any transfer to the general funds from any of the funds from which moneys have been transferred under this Section either (i) jeopardizes federal funding based on a written communication from a federal official or (ii) violates an order of a court of competent jurisdiction, then the Director may order the State Treasurer and State Comptroller, in writing, to transfer from the General Revenue Fund to that fund all or part of the amounts transferred from that fund under this Section.

Section 15. Report. Within 5 business days of each transfer made pursuant to Section 10, the Director of the Governor's Office of Management and Budget shall deliver a report to the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives that sets forth the following information:

(a) The date each transfer was made.

(b) The amount of each transfer.

(c) In the case of a transfer from the General Revenue Fund to a fund of origin, the amount of such transfer and the date such transfer was made.

(d) The end-of-day balance of both the fund of origin and the General Revenue Fund on the date the transfer was made.

A copy of each report shall be posted on the website of the Governor's Office of Management and Budget within 2 business days after the report is delivered to the legislative leaders.

Section 20. Repealer. This Act is repealed July 1, 2015.

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