Illinois General Assembly - Full Text of SB0790

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Full Text of SB0790 95th General Assembly

SB0790sam002 95TH GENERAL ASSEMBLY
Sen. Jeffrey M. Schoenberg
Filed: 5/27/2008

09500SB0790sam002 LRB095 05455 RCE 51538 a

1 AMENDMENT TO SENATE BILL 790
2     AMENDMENT NO. ______. Amend Senate Bill 790 by replacing
3 everything after the enacting clause with the following:

4     "Section 1. Short title. This amendatory Act of the 95th
5 General Assembly may be cited as the Federal Transfer
6 Maximization Law of 2008.

7     Section 5. The State Finance Act is amended by adding
8 Section 8.46 as follows:

9     (30 ILCS 105/8.46 new)
10     Sec. 8.46. Transfers to the General Revenue Fund.
11     (a) Notwithstanding any other State law to the contrary and
12 except as otherwise provided in this Section, the Governor may,
13 beginning on July 1, 2008 and through June 30, 2009, from time
14 to time direct the State Treasurer and State Comptroller to
15 transfer sums specified by the Governor up to a total sum of

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1 $530,000,000 from any fund or funds held by the State
2 Comptroller and State Treasurer to the General Revenue Fund in
3 order to help reduce the State's fiscal deficit and preserve
4 the State's ability to meet all of its fiscal obligations. The
5 sums transferred by the Governor to the General Revenue Fund
6 under this Section may be used only to pay Medicaid
7 obligations, State financial obligations that secure federal
8 funds, or obligations of the State Board of Education. In
9 determining the amount of the transfer to the General Revenue
10 Fund, the Governor shall calculate whether the available
11 resources in the fund are sufficient to satisfy the unexpended
12 and unreserved appropriations from the fund for the fiscal
13 year. No transfer may be made from a fund under this Section
14 that would have the effect of reducing the available balance in
15 the fund to an amount less than the amount remaining unexpended
16 and unreserved from the total appropriation from that fund
17 estimated to be expended for that fiscal year. This Section
18 does not apply to any funds that are restricted by federal law
19 to a specific use or are used primarily for the repayment of
20 State indebtedness.
21     In calculating the available resources in a fund, the
22 Governor may include receipts, transfers into the fund, and
23 other resources anticipated to be available in the fund in that
24 fiscal year.
25     The State Treasurer and State Comptroller shall transfer
26 the amounts designated under this Section as soon as may be

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1 practicable after receiving the direction to transfer from the
2 Governor.
3     (b) On and after July 1, 2008 and through June 30, 2009,
4 when any of the funds subject to the transfers made pursuant to
5 subsection (a) have insufficient cash from which the State
6 Comptroller may make expenditures properly supported by
7 appropriations from the fund, the Governor may direct the State
8 Comptroller and the State Treasurer to reverse the transfers
9 previously authorized by subsection (a) to the General Revenue
10 Fund and retransfer from the General Revenue Fund, if
11 applicable, all or a portion of the transfers made pursuant to
12 subsection (a). The Governor may further direct from time to
13 time that all or a portion of the amounts transferred from the
14 General Revenue Fund to a fund pursuant to this subsection (b)
15 be re-transferred by the State Comptroller and the State
16 Treasurer from the receiving fund into the General Revenue Fund
17 as soon as and to the extent that deposits are made into or
18 receipts are collected by the receiving fund.
19     (c) No transfers may be made under this Section to the
20 General Revenue Fund from any of the following funds:
21         (1) The Road Fund.
22         (2) The Open Space Lands Acquisition and Development
23     Fund (OSLAD).
24         (3) Metabolic Screening and Treatment Fund.
25         (4) The Illinois Veterans' Homes Fund.
26         (5) The Illinois Veterans Assistance Fund.

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1         (6) The LaSalle Veterans Home Fund.
2         (7) The Anna Veterans Home Fund.
3         (8) The GI Education Fund.
4         (9) The Quincy Veterans Home Fund.
5         (10) The Illinois Military Family Relief Fund.
6         (11) The Veterans' Affairs Federal Projects Fund.
7         (12) The Manteno Veterans Home Fund.
8         (13) The Veterans' Affairs Library Grant Fund.
9         (14) The Veterans' Affairs State Projects Fund.
10         (15) The Military Affairs Trust Fund.
11         (16) The Federal Support Agreement Revolving Fund.
12         (17) The Illinois Veterans' Rehabilitation Fund.
13         (18) The Armory Rental Fund.
14         (19) The State Construction Account Fund.
15         (20) The Motor Fuel Tax Fund.
16         (21) The Teachers' Health Insurance Security Fund.
17         (22) College Savings Pool Administrative Trust Fund.
18         (23) State Pensions Fund.
19         (24) Community College Health Insurance Security Fund.
20         (25) Downstate Public Transportation Fund.
21         (26) Regional Transportation Authority Occupation and
22     Use Tax Replacement Fund.

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

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