Illinois General Assembly - Full Text of HB0353
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Full Text of HB0353  98th General Assembly


Rep. Scott Drury

Filed: 3/19/2013





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2    AMENDMENT NO. ______. Amend House Bill 353 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Fiscal Integrity of Special State Funds Commission Act.
6    Section 5. Findings and purpose. The General Assembly finds
8    (a) The State of Illinois currently has over 700 special
9funds within the State treasury, collecting funds from a wide
10range of sources specified in their respective enabling laws.
11    (b) From Fiscal Years 2004 through 2007, the Illinois State
12Budget was funded in part by administrative chargebacks
13totaling over $700 million. From Fiscal Years 2003 through
142010, legislatively authorized transfers known as fund sweeps
15totaled over $1.2 billion, with an additional $1 billion in
16other fund transfers being made during those same fiscal years.



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1In Fiscal Year 2011, consolidated services transfers exceeded
2$179 million, and inter-fund borrowing exceeded $496 million.
3    (c) Currently, four statutes protect specific funds from
4transfers, chargebacks and other forms of fund sweeps. In the
52013 Spring Session of the 98th General Assembly, 2
6constitutional amendment resolutions and 34 bills and
7amendments have been filed that include language protecting
8certain funds from transfers, chargebacks and other forms of
9fund sweeps.
10    (d) Notwithstanding the impact of Public Act 96-958, which
11requires the repayment of certain fund transfers within 18
12months from the date of transfer, the annual budget of the
13State of Illinois remains dependent in part on various forms of
14transfers and borrowing from special funds in the State
16    Section 10. Fiscal Integrity of Special State Funds
18    (a) There is created the Fiscal Integrity of Special State
19Funds Commission. The Commission shall have 10 voting members
20appointed as follows:
21        One member of the General Assembly, who shall serve as
22    co-chairperson, and one member of the public appointed by
23    the President of the Senate;
24        One member of the General Assembly and one member of
25    the public appointed by the Minority Leader of the Senate;



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1        One member of the General Assembly, who shall serve as
2    co-chairperson, and one member of the public appointed by
3    the Speaker of the House of Representatives;
4        One member of the General Assembly and one member of
5    the public appointed by the Minority Leader of the House of
6    Representatives; and
7        2 members appointed by the Governor.
8        The State Comptroller, or his or her designee, the
9    State Treasurer, or his or her designee, and the Director
10    of the Department of Revenue, or his or her designee, shall
11    serve as non-voting, ex-officio members of the Commission.
12    (b) The co-chairpersons may appoint such other individuals
13as they may deem helpful as non-voting members of the
15    (c) The members of the Commission shall serve without
16compensation, but may be reimbursed for expenses from funds
17appropriated for that purpose.
18    (d) The Department of Revenue shall provide administrative
19support, together with meeting space, to assist the Commission
20in fulfilling its mission. The Governor's Office of Management
21and Budget and the Commission on Government Forecasting and
22Accountability shall provide information and assistance, as
23requested, to the Commission in fulfilling its mission.
24    Section 15. Meetings.
25    (a) The Commission shall conduct monthly meetings,



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1conference calls, or both, and shall conduct at least 2 public
2hearings, as the co-chairpersons shall direct, before filing
3its final written findings and recommendations as provided in
4Section 25 of this Act. Additional public hearings may be held
5at the discretion of the co-chairpersons.
6    (b) The public hearings shall be held at geographically
7convenient locations around the State. The locations, dates,
8and times of the hearings shall be determined by the
9co-chairpersons on a schedule that is publicly announced no
10less than 3 weeks in advance of each hearing. All hearings
11shall be completed at least 2 months prior to the time for
12submission of the final written findings and recommendations as
13provided in Section 25 of this Act.
14    (c) At the public hearings, the Commission shall allow
15interested persons to present their views and comments and to
16present any written literature, statements, articles, or
17comments. Based on attendance and time frames, the Commission
18may set limits on the time each speaker may comment. These
19hearings may be continued if all persons cannot be heard.
20    Section 20. Activities and purpose.
21    (a) The Commission shall conduct a thorough review of the
22use of various forms of transfers and borrowing from special
23funds in the State treasury in constructing the annual budget
24for the State of Illinois.
25    (b) The Commission shall also conduct an analysis of the



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1effect of Public Act 96-958 on special fund transfers since it
2took effect on July 1, 2010.
3    (c) The Commission shall also conduct a review of the use
4of various forms of fund transfers by other states in their
5annual budgeting processes.
6    (d) Through a review of budget documents including budget
7implementation legislation, the public hearings required in
8Section 15 of this Act and otherwise, the Commission shall
9gather information, review studies, evaluate testimony, and
10consider and summarize written comments received, and shall
11make written findings and recommendations as required in
12Section 25 of this Act.
13    Section 25. Report; legislation.
14    (a) The Commission shall make its report to the General
15Assembly on or before December 31, 2014. The report of the
16Commission shall detail those findings and recommendations
17supported by a majority of the voting members.
18    (b) The findings and recommendations shall include, but are
19not limited to:
20        (1) A comparison of the specific purposes (as set forth
21    in statute or rule) for which funds are being collected
22    with the purposes for which funds are being used upon
23    transfer out of their respective special funds in the State
24    treasury.
25        (2) A determination of whether certain special funds



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1    should be consolidated, and the findings and criteria upon
2    which such recommendations were made.
3        (3) A determination of whether adjustments should be
4    made to the collection of moneys through special funds,
5    identifying the specific funds and the findings and
6    criteria upon which such recommendations were made.
7        (4) Identification of replacement sources of revenue
8    to balance any loss of revenue that would result from the
9    Commission's other recommendations.
10        (5) A determination of whether a consolidated budget
11    including some or all of the special funds should be
12    prepared and publicly available on an annual basis.
13    (c) In addition to the report, the Commission shall provide
14to the General Assembly its recommendations in the form of
15legislation. The Legislative Reference Bureau shall provide
16drafting assistance to the Commission.
17    Section 30. Repealer. This Act is repealed on December 31,
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".