Illinois General Assembly - Full Text of SB0274
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Full Text of SB0274  99th General Assembly


Sen. Dan Kotowski

Filed: 4/21/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 274 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Fiscal Year 2015 Emergency Act.
6    Section 5. Legislative intent. The General Assembly hereby
7finds and declares that the State is confronted with an
8unprecedented fiscal crisis. This Act is to be liberally
9construed and interpreted in a manner that allows the State,
10together with other actions taken, to address the fiscal crisis
11for the fiscal year ending June 30, 2015.
12    Section 10. Fund transfers.
13    (a) Notwithstanding any other provision of law, but subject
14to the provisions of this Act, at the direction of and upon
15notification from the Governor, the Comptroller shall direct



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1and the Treasurer shall transfer an amount specified by the
2Governor for the State's fiscal year 2015 from the following
3funds to any general fund held by the Treasurer:
4Supplemental Low-Income Energy Assistance Fund
5Food and Drug Safety Fund
6Teacher Certificate Fee Revolving Fund
7Grade Crossing Protection Fund
8Financial Institution Fund
9General Professions Dedicated Fund
10Lobbyist Registration Administration Fund
11Agricultural Premium Fund
12Fire Prevention Fund
13Illinois State Pharmacy Disciplinary Fund
14Radiation Protection Fund
15Hospital Licensure Fund
16Underground Storage Tank Fund
17Solid Waste Management Fund
18Subtitle D Management Fund
19Illinois State Medical Disciplinary Fund
20Facility Licensing Fund
21Registered Certified Public Accountants' Administration and
22    Disciplinary Fund
23Motor Vehicle Theft Prevention Trust Fund
24Weights and Measures Fund
25State and Local Sales Tax Reform Fund
26County and Mass Transit District Fund



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1Local Government Tax Fund
2Illinois Fisheries Management Fund
3Capital Development Board Revolving Fund
4Intercity Passenger Rail Fund
5Illinois Health Facilities Planning Fund
6Emergency Public Health Fund
7TOMA Consumer Protection Fund
8Fair and Exposition Fund
9State Police Vehicle Fund
10Nursing Dedicated and Professional Fund
11Underground Resources Conservation Enforcement Fund
12State Rail Freight Loan Repayment Fund
13Illinois Affordable Housing Trust Fund
14Home Care Services Agency Licensure Fund
15Fertilizer Control Fund
16Securities Investors Education Fund
17Used Tire Management Fund
18Natural Areas Acquisition Fund
19I-FLY Fund
20Illinois Prescription Drug Discount Program Fund
21ICJIA Violence Prevention Special Projects Fund
22Tattoo and Body Piercing Establishment Registration Fund
23Public Health Laboratory Services Revolving Fund
24Provider Inquiry Trust Fund
25Securities Audit and Enforcement Fund
26Drug Treatment Fund



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1Feed Control Fund
2Plumbing Licensure and Program Fund
3Appraisal Administration Fund
4Trauma Center Fund
5Alternate Fuels Fund
6Federal High Speed Rail Trust Fund
7Illinois State Fair Fund
8Agricultural Master Fund
9Human Services Priority Capital Program Fund
10State Asset Forfeiture Fund
11Health Facility Plan Review Fund
12Illinois Workers' Compensation Commission Operations Fund
13Workforce, Technology, and Economic Development Fund
14Downstate Transit Improvement Fund
15Renewable Energy Resources Trust Fund
16Energy Efficiency Trust Fund
17Pesticide Control Fund
18Partners for Conservation Fund
19Wireless Service Emergency Fund
20Death Certificate Surcharge Fund
21Illinois Adoption Registry and Medical
22    Information Exchange Fund
23Fund for the Advancement of Education
24Commitment to Human Services Fund
25Illinois Standardbred Breeders Fund
26Illinois Thoroughbred Breeders Fund



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1Spinal Cord Injury Paralysis Cure Research Trust Fund
2Medicaid Buy-In Program Revolving Fund
3Home Inspector Administration Fund
4Real Estate Audit Fund
5Illinois AgriFIRST Program Fund
6Performance-enhancing Substance Testing Fund
7Bank and Trust Company Fund
8Natural Resources Restoration Trust Fund
9Illinois Power Agency Renewable Energy Resources Fund
10Real Estate Research and Education Fund
11Real Estate License Administration Fund
12Abandoned Residential Property Municipality Relief Fund
13State Police Services Fund
14Metabolic Screening and Treatment Fund
15Insurance Producer Administration Fund
16Coal Technology Development Assistance Fund
17Low-Level Radioactive Waste Facility Development and
18    Operation Fund
19Low-Level Radioactive Waste Facility Closure, Post-Closure
20    Care and Compensation Fund
21Illinois State Podiatric Disciplinary Fund
22Park and Conservation Fund
23Vehicle Inspection Fund
24Local Tourism Fund
25Illinois Capital Revolving Loan Fund
26Illinois Equity Fund



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1Public Infrastructure Construction Loan Revolving Fund
2Insurance Financial Regulation Fund
3Dram Shop Fund
4Illinois State Dental Disciplinary Fund
5ISBE Teacher Certificate Institute Fund
6Mental Health Fund
7Tobacco Settlement Recovery Fund
8Public Health Special State Projects Fund
9    (b) The sum of transfers made pursuant to this Section may
10not exceed $26,000,000.
11    (c) No transfer pursuant to this Section may be made from
12(i) any federal trust fund; (ii) any amount set aside for
13payment of debt service; (iii) any amount set aside for the
14State retirement systems governed by Article 2, 14, 15, 16, or
1518 of the Illinois Pension Code; (iv) any fund designated for
16use exclusively by the legislative branch or the judicial
17branch, or any official or agency of the foregoing branches, or
18by the State Board of Elections or the State Board of
19Education; (v) any State fund designated for use exclusively by
20the Attorney General, the Secretary of State, the Comptroller,
21or the Treasurer without the written authorization from such
22official; or (vi) the Road Fund, Motor Fuel Tax Fund, and State
23Construction Account Fund.
24    (d) No transfer made pursuant to this Section may reduce
25the cumulative balance of all of the funds held by the
26Treasurer to an amount less than the total debt service payable



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1during the 12 months immediately following the date of the
2transfer on any bonded indebtedness of the State and any
3certificates issued under the Short Term Borrowing Act. When
4any of the funds from which moneys have been transferred under
5this Section have insufficient cash from which the State
6Comptroller may make expenditures properly supported by
7appropriations from the fund, then, at the direction of the
8Director of the Governor's Office of Management and Budget, the
9State Treasurer and State Comptroller shall transfer from the
10General Revenue Fund to the fund only such amount as is
11immediately necessary to satisfy outstanding expenditure
12obligations on a timely basis, subject to the provisions of the
13State Prompt Payment Act. All or a portion of the amounts
14transferred from the General Revenue Fund to a fund pursuant to
15the preceding sentence from time to time may be re-transferred
16by the State Comptroller and the State Treasurer from the
17receiving fund into the General Revenue Fund as soon as and to
18the extent that deposits are made into or received by the
19receiving fund. If the Director of the Governor's Office of
20Management and Budget determines that any transfer to the
21general funds from any of the funds from which moneys have been
22transferred under this Section either (i) jeopardizes federal
23funding based on a written communication from a federal
24official or (ii) violates an order of a court of competent
25jurisdiction, then the Director may order the State Treasurer
26and State Comptroller, in writing, to transfer from the General



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1Revenue Fund to that fund all or part of the amounts
2transferred from that fund under this Section.
3    Section 15. Report. Within 5 business days of each transfer
4made pursuant to Section 10, the Director of the Governor's
5Office of Management and Budget shall deliver a report to the
6President of the Senate, the Speaker of the House of
7Representatives, the Minority Leader of the Senate, and the
8Minority Leader of the House of Representatives that sets forth
9the following information:
10    (a) The date each transfer was made.
11    (b) The amount of each transfer.
12    (c) In the case of a transfer from the General Revenue Fund
13to a fund of origin, the amount of such transfer and the date
14such transfer was made.
15    (d) The end-of-day balance of both the fund of origin and
16the General Revenue Fund on the date the transfer was made.
17    A copy of each report shall be posted on the website of the
18Governor's Office of Management and Budget within 2 business
19days after the report is delivered the legislative leaders.
20    Section 20. Repealer. This Act is repealed July 1, 2015.
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".