HB3871ham001 100TH GENERAL ASSEMBLY

Rep. Robert Martwick

Filed: 4/21/2017

10000HB3871ham001 LRB100 10815 SMS 25397 a

AMENDMENT TO HOUSE BILL 3871

AMENDMENT NO. ______. Amend House Bill 3871 by replacing everything after the enacting clause with the following:

"Section 5. The State Budget Law of the Civil Administrative Code of Illinois is amended by adding Sections 50-23 and 50-24 as follows:

(15 ILCS 20/50-23 new)

Sec. 50-23. Funding for public education.

(a) As it is a fundamental goal that the State support the educational development of all people of Illinois and as the State has primary responsibility for financing the system of public education, it is the policy of the State of Illinois that stability of payments for education shall be a priority.

(b) For purposes of this Section:

"Funding for public education" means appropriations made available for public education from the General Revenue Fund; Education Assistance Fund; Common School Fund; Fund for the Advancement of Education; Personal Property Tax Replacement Fund; Drivers Education Fund; School District Emergency Financial Assistance Fund; School Technology Revolving Loan Fund; SBE Federal Department of Education Fund; and School Infrastructure Fund.

"Public education" means services provided for by a school under the jurisdiction of the State Board of Education or an institution of higher education under the jurisdiction of the Board of Higher Education.

(15 ILCS 20/50-24 new)

Sec. 50-24. Funding for human services.

(a) To provide for public health and welfare it is the policy of the State that in payments from general revenue, stability of payments for human needs shall be a priority.

(b) For purposes of this Section:

"Human services" means all services provided for by the following Departments: the Department of Human Services, the Department on Aging, the Department of Healthcare and Family Services, the Department of Children and Family Services, and the Department of Public Health.

"Funding for human services" means appropriations made available for human services from the General Revenue Fund; Commitment to Human Services Fund; Long Term Care Ombudsman Fund; Tobacco Settlement Recovery Fund; and Department on Aging State Projects Fund.

Section 10. The State Comptroller Act is amended by adding Section 9.5 as follows:

(15 ILCS 405/9.5 new)

Sec. 9.5. Prioritization of payments.

(a) It is the policy of the State that in payments from the General Revenue Fund, payments for education and human needs should be prioritized in order to provide for the health, safety and well-being of the people of Illinois. The Comptroller is responsible for implementing this policy.

(b) As used in this section:

"Education" means services provided for by a school under the jurisdiction of the State Board of Education or an institution of higher education under the jurisdiction of the Board of Higher Education.

"Human services" means all services provided for by the following Departments: the Department of Human Services, the Department on Aging, the Department of Healthcare and Family Services, the Department of Children and Family Services, and the Department of Public Health.

"Payments for financial services" means payments to financial institutions for processes related to activities of State finance from the General Revenue Fund. "Payments for financial services" shall not include payments to bondholders; however, it shall include, but not be limited to, payments for net payments on interest rate swap agreements, fees for credit enhancements and re-marketing, and other fees for financial services associated with bonds.

(c) If any cash flow deficit resulting from timing variation between disbursement and receipt of funds in the General Revenue Fund is anticipated, the Comptroller's efforts to manage timing variations shall include issuing payments for education and human services before issuing payments for financial services.

Section 15. The State Treasurer Act is amended by changing Section 11 as follows:

(15 ILCS 505/11) (from Ch. 130, par. 11)

Sec. 11. When any warrant is presented to the State Treasurer to be countersigned, he shall do so if the warrant is in proper form, and there are sufficient moneys in the fund to pay the warrant, and the Comptroller certifies that the provisions of Section 9.5 of the State Comptroller Act have been followed. He shall also make a record of the date and amount of each warrant.

Upon request for a wire or electronic transfer of funds pursuant to a warrant payable from the State treasury, the State Treasurer may impose upon and collect from the requesting payee a service charge covering all costs of such transfer.

(Source: P.A. 99-562, eff. 1-1-17.)".