Full Text of HB1232 95th General Assembly
HB1232eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| Section 8h and by adding Section 8o as follows: | 6 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 8 |
| (a) Except as otherwise provided in this Section and | 9 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding | 10 |
| any other
State law to the contrary, the Governor
may, through | 11 |
| June 30, 2007, from time to time direct the State Treasurer and | 12 |
| Comptroller to transfer
a specified sum from any fund held by | 13 |
| the State Treasurer to the General
Revenue Fund in order to | 14 |
| help defray the State's operating costs for the
fiscal year. | 15 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 17 |
| revenues to be deposited
into the fund during that fiscal year | 18 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 19 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 20 |
| 2005 only, prior to calculating the July 1, 2004 final | 21 |
| balances, the Governor may calculate and direct the State | 22 |
| Treasurer with the Comptroller to transfer additional amounts | 23 |
| determined by applying the formula authorized in Public Act |
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| 93-839 to the funds balances on July 1, 2003.
No transfer may | 2 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 4 |
| amount less than
the amount remaining unexpended and unreserved | 5 |
| from the total appropriation
from that fund estimated to be | 6 |
| expended for that fiscal year. This Section does not apply to | 7 |
| any
funds that are restricted by federal law to a specific use, | 8 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity | 9 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 10 |
| Provider Relief Fund, the Teacher Health Insurance Security | 11 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 12 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, | 13 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal | 14 |
| Projects Fund, the Supreme Court Special State Projects Fund, | 15 |
| the Supplemental Low-Income Energy Assistance Fund, the Good | 16 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | 17 |
| Facility Development and Operation Fund, the Horse Racing | 18 |
| Equity Trust Fund, or the Hospital Basic Services Preservation | 19 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 20 |
| of the Nursing and Advanced Practice Nursing Act applies. No | 21 |
| transfers may be made under this Section from the Pet | 22 |
| Population Control Fund. Notwithstanding any
other provision | 23 |
| of this Section, for fiscal year 2004,
the total transfer under | 24 |
| this Section from the Road Fund or the State
Construction | 25 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 26 |
| revenues to be deposited
into the fund during that fiscal year |
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| or (ii) 25% of the beginning balance in the fund.
For fiscal | 2 |
| year 2005 through fiscal year 2007, no amounts may be | 3 |
| transferred under this Section from the Road Fund, the State | 4 |
| Construction Account Fund, the Criminal Justice Information | 5 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 6 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 8 |
| Governor
may include receipts, transfers into the fund, and | 9 |
| other
resources anticipated to be available in the fund in that | 10 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 12 |
| amounts designated
under this Section as soon as may be | 13 |
| practicable after receiving the direction
to transfer from the | 14 |
| Governor.
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| (a-5) Transfers directed to be made under this Section on | 16 |
| or before February 28, 2006 that are still pending on May 19, | 17 |
| 2006 ( the effective date of Public Act 94-774)
this amendatory | 18 |
| Act of the 94th General Assembly shall be redirected as | 19 |
| provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The | 21 |
| Cure Fund; (ii) any fund established under the Community Senior | 22 |
| Services and Resources Act; or (iii) on or after January 1, | 23 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 24 |
| and Day and Temporary Labor Enforcement Fund. | 25 |
| (c) This Section does not apply to the Demutualization | 26 |
| Trust Fund established under the Uniform Disposition of |
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| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the | 3 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 4 |
| scholarships and residency programs under the Podiatric | 5 |
| Scholarship and Residency Act. | 6 |
| (e) Subsection (a) does not apply to, and no transfer may | 7 |
| be made under this Section from, the Pension Stabilization | 8 |
| Fund.
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| (f) This Section does not apply to the Illinois Veterans | 10 |
| Assistance Fund, the Illinois Veterans' Homes Fund, the LaSalle | 11 |
| Veterans Home Fund, the Anna Veterans Home Fund, the Manteno | 12 |
| Veterans Home Fund, the Quincy Veterans Home Fund, the John | 13 |
| Joseph Kelly Home Fund, or the Illinois Veterans' | 14 |
| Rehabilitation Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 16 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 17 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 18 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 19 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 20 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | 21 |
| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | 22 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | 23 |
| eff. 6-6-06; revised 6-19-06.)
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| (30 ILCS 105/8o new)
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| Sec. 8o. Transfers from Veterans Funds. After the effective |
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| date of this amendatory Act of the 95th General Assembly, no | 2 |
| transfers may be made under this Act from the Illinois Veterans | 3 |
| Assistance Fund, the Illinois Veterans' Homes Fund, the LaSalle | 4 |
| Veterans Home Fund, the Anna Veterans Home Fund, the Manteno | 5 |
| Veterans Home Fund, the Quincy Veterans Home Fund, the John | 6 |
| Joseph Kelly Home Fund, or the Illinois Veterans' | 7 |
| Rehabilitation Fund. If an amount is transferred from one of | 8 |
| these funds, then the Comptroller shall immediately direct and | 9 |
| the Treasurer immediately transfer an amount equal to the | 10 |
| amount of that transfer from the General Revenue Fund to the | 11 |
| fund from which the transfer was made.
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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