SB2083ham002 95TH GENERAL ASSEMBLY

Rep. Gary Hannig

Filed: 11/19/2008

09500SB2083ham002 LRB095 19203 RCE 53702 a

AMENDMENT TO SENATE BILL 2083

AMENDMENT NO. ______. Amend Senate Bill 2083, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Emergency Budget Act of Fiscal Year 2009.

Section 5. Contingency reserves.

(a) Notwithstanding any law to the contrary, including the grant of continuing appropriation authority, the Governor may designate the following as contingency reserves:

(1) For each executive State agency that is directly responsible to the Governor, an amount no greater than 8% of the total appropriations made from the General Funds to that executive State agency that is directly responsible to the Governor.

(2) An amount no greater than 8% of the total appropriations of State funds to the State Board of Education.

(3) An amount no greater than 8% of the total appropriations of State funds for higher education purposes to each agency, board, commission, or university receiving funding for higher education purposes.

(4) An amount no greater than 8% of the total appropriations of State funds for contributions to the State pension funds established under Articles 2, 14, 15, 16, and 18 of the Illinois Pension Code.

(5) An amount no greater than 8% of the total transfers otherwise required to be made to the Local Government Distributive Fund under Section 901(b) of the Illinois Income Tax Act.

This subsection (a) does not apply to the General Obligation Bond Retirement and Interest Fund or to the Build Illinois Bond Retirement and Interest Fund.

(b) Amounts designated as a contingency reserve may not be obligated, encumbered, or expended.

(c) Any periodic transfers or expenditures must be reduced to accommodate a contingency reserve. Any necessary proration of periodic payments shall be distributed equally among the remaining payments for the fiscal year.

(d) In this Section, "executive State agency that is directly responsible to the Governor" means any office, officer, division, or part thereof, and other office, nonelective officer, department, division, bureau, board, or commission in the executive branch of State government, except that it does not apply to any agency whose primary function is service to the General Assembly or the judicial branch of State government, or to any agency administered by the Attorney General, Secretary of State, State Comptroller, or State Treasurer.

(e) The Lieutenant Governor, the Attorney General, the Secretary of State, the State Comptroller, and the State Treasurer have the same rights and powers granted the Governor under subsection (a) with respect to those appropriations in each of their respective budgets.

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