Full Text of SB0469 095th General Assembly
SB0469 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0469
Introduced 2/8/2007, by Sen. Bill Brady - Pamela J. Althoff - J. Bradley Burzynski - Dale A. Righter SYNOPSIS AS INTRODUCED: |
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20 ILCS 3960/4 |
from Ch. 111 1/2, par. 1154 |
20 ILCS 3960/12 |
from Ch. 111 1/2, par. 1162 |
20 ILCS 3960/12.3 |
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20 ILCS 3960/13.2 new |
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20 ILCS 3960/19.6 |
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30 ILCS 105/8h |
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Amends the Illinois Health Facilities Planning Act. Extends the sunset of the Act to June 30, 2011 (instead of April 1, 2007). Provides that the Health Facilities Planning Board shall consist of 4 consumer members and 5 health care professionals (instead of 5 appointed members). Provides for the terms of the new members. Deletes a provision that prohibits State Board members from being appointed or serving if they have a spouse, parent, or child who is a member of the Board of Directors of, or has a financial or business interest with, a health care facility. Requires the Board to create a 3-member rules revision subcommittee. Requires the Board to prepare written opinions. Provides that the Board has the burden of proving that the proposed construction, modification, or expenditure is not necessary before it denies an application for a permit. Amends the State Finance Act to exclude the Illinois Health Facilities Planning Fund from a Section of the Act that allows the State Treasurer to transfer funds from certain special funds into the General Revenue Fund. Effective immediately.
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A BILL FOR
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SB0469 |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Health Facilities Planning Act is | 5 |
| amended by changing Sections 4, 12, 12.3, and 19.6 and by | 6 |
| adding Section 13.2 as follows:
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| (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
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| (Section scheduled to be repealed on April 1, 2007)
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| Sec. 4. Health Facilities Planning Board; membership; | 10 |
| appointment; term;
compensation; quorum. There is created the | 11 |
| Health
Facilities Planning Board, which
shall perform the | 12 |
| functions described in this
Act.
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| The State Board shall consist of 4 consumer voting members
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| 5 voting members . Each consumer voting member shall have a | 15 |
| reasonable knowledge of health planning, health finance, or | 16 |
| health care at the time of his or her appointment. The 4 | 17 |
| consumer voting members shall be the board members who are | 18 |
| serving immediately prior to the effective date of this | 19 |
| amendatory Act of the 95th General Assembly. They shall serve | 20 |
| until their terms expire. The successor consumer voting members | 21 |
| shall be appointed as provided in this Section. No person shall | 22 |
| be appointed or continue to serve as a consumer voting member | 23 |
| of the State Board who is, or whose spouse, parent, or child |
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| is, a member of the Board of Directors of, has a financial | 2 |
| interest in, or has a business relationship with a health care | 3 |
| facility. | 4 |
| The State Board shall also consist of the following 5 | 5 |
| health care professionals who shall be voting members:
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| (1) One member representing hospitals in Illinois.
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| (2) One member who is a professional nurse registered | 8 |
| in Illinois.
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| (3) One member who is a physician in active private | 10 |
| practice who is licensed in Illinois to practice medicine | 11 |
| in all of its branches.
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| (4) One member who is actively engaged in the field of | 13 |
| skilled nursing or intermediate care facility management.
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| (5) One member who has an extensive background in | 15 |
| private and public health care finance.
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| Two of the initially appointed health care professionals | 17 |
| shall serve 1-year terms, 2 shall serve 2-year terms, and one | 18 |
| shall serve a 3-year term. Their successors shall serve 3-year | 19 |
| terms.
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| Notwithstanding any provision of this Section to the | 21 |
| contrary, the term of
office of each member of the State Board | 22 |
| is abolished on the effective date of
this
amendatory Act of | 23 |
| the 93rd General Assembly and those members no longer hold | 24 |
| office.
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| All members of the
The State Board shall be appointed by | 26 |
| the Governor, with the advice
and consent of the Senate. Not |
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| more than 5
3 of the
appointments shall be of the same | 2 |
| political party at the time of the appointment.
No person shall | 3 |
| be appointed as a State Board member if that person has
served, | 4 |
| after the effective date of Public Act 93-41, 2 3-year terms as | 5 |
| a State Board member, except for
ex officio non-voting members.
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| The Secretary of Human Services, the Director of Healthcare | 7 |
| and Family Services
Public Aid , and
the Director of Public | 8 |
| Health, or their designated representatives,
shall serve as | 9 |
| ex-officio, non-voting members of the State Board.
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| Of those members initially appointed by the Governor under | 11 |
| this
amendatory Act of the 93rd General Assembly, 2 shall serve | 12 |
| for terms expiring
July 1, 2005, 2 shall serve for terms | 13 |
| expiring July 1, 2006, and 1 shall serve
for a term expiring | 14 |
| July 1, 2007. Thereafter, each
appointed member shall
hold | 15 |
| office for a term of 3 years, provided that any member
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| appointed to fill a vacancy
occurring prior to the expiration | 17 |
| of the
term for which his or her predecessor was appointed | 18 |
| shall be appointed for the
remainder of such term and the term | 19 |
| of office of each successor shall
commence on July 1 of the | 20 |
| year in which his predecessor's term expires. Each
member | 21 |
| appointed after the effective date of this amendatory Act of | 22 |
| the 93rd General Assembly shall hold office until his or her | 23 |
| successor is appointed and qualified.
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| State Board members, while serving on business of the State | 25 |
| Board,
shall receive actual and necessary travel and | 26 |
| subsistence expenses while
so serving away from their places
of |
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| residence.
A member of the State Board who experiences a | 2 |
| significant financial hardship
due to the loss of income on | 3 |
| days of attendance at meetings or while otherwise
engaged in | 4 |
| the business of the State Board may be paid a hardship | 5 |
| allowance, as
determined by and subject to the approval of the | 6 |
| Governor's Travel Control
Board.
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| The Governor shall designate one of the members to serve as | 8 |
| Chairman
and shall name as full-time
Executive Secretary of the | 9 |
| State
Board, a person qualified in health care facility | 10 |
| planning and in
administration. The Agency shall provide | 11 |
| administrative and staff
support for the State Board. The State | 12 |
| Board shall advise the Director
of its budgetary and staff | 13 |
| needs and consult with the Director on annual
budget | 14 |
| preparation.
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| The State Board shall meet at least once each quarter, or | 16 |
| as often as
the Chairman of the State Board deems necessary, or | 17 |
| upon the request of
a majority of the members.
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Five
Three members of the State Board shall constitute a | 19 |
| quorum.
The affirmative vote of 5
3 of the members of the State | 20 |
| Board shall be
necessary for
any action requiring a vote to be | 21 |
| taken by the State
Board. A vacancy in the membership of the | 22 |
| State Board shall not impair the
right of a quorum to exercise | 23 |
| all the rights and perform all the duties of the
State Board as | 24 |
| provided by this Act.
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| A State Board member shall disqualify himself or herself | 26 |
| from the
consideration of any application for a permit or
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| exemption in which the State Board member or the State Board | 2 |
| member's spouse,
parent, or child: (i) has
an economic interest | 3 |
| in the matter; or (ii) is employed by, serves as a
consultant | 4 |
| for, or is a member of the
governing board of the applicant or | 5 |
| a party opposing the application.
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| (Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04; revised | 7 |
| 8-21-06.)
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| (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
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| (Section scheduled to be repealed on April 1, 2007)
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| Sec. 12. Powers and duties of State Board. For purposes of | 11 |
| this Act,
the State Board
shall
exercise the following powers | 12 |
| and duties:
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| (1) Prescribe rules,
regulations, standards, criteria, | 14 |
| procedures or reviews which may vary
according to the purpose | 15 |
| for which a particular review is being conducted
or the type of | 16 |
| project reviewed and which are required to carry out the
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| provisions and purposes of this Act.
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| (2) Adopt procedures for public
notice and hearing on all | 19 |
| proposed rules, regulations, standards,
criteria, and plans | 20 |
| required to carry out the provisions of this Act.
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| (3) Prescribe criteria for
recognition for areawide health | 22 |
| planning organizations, including, but
not limited to, | 23 |
| standards for evaluating the scientific bases for
judgments on | 24 |
| need and procedure for making these determinations.
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| (4) Develop criteria and standards for health care |
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| facilities planning,
conduct statewide inventories of health | 2 |
| care facilities, maintain an updated
inventory on the | 3 |
| Department's web site reflecting the
most recent bed and | 4 |
| service
changes and updated need determinations when new census | 5 |
| data become available
or new need formulae
are adopted,
and
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| develop health care facility plans which shall be utilized in | 7 |
| the review of
applications for permit under
this Act. Such | 8 |
| health facility plans shall be coordinated by the Agency
with | 9 |
| the health care facility plans areawide health planning
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| organizations and with other pertinent State Plans. | 11 |
| Inventories pursuant to this Section of skilled or intermediate | 12 |
| care facilities licensed under the Nursing Home Care Act or | 13 |
| nursing homes licensed under the Hospital Licensing Act shall | 14 |
| be conducted on an annual basis no later than July 1 of each | 15 |
| year and shall include among the information requested a list | 16 |
| of all services provided by a facility to its residents and to | 17 |
| the community at large and differentiate between active and | 18 |
| inactive beds.
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| In developing health care facility plans, the State Board | 20 |
| shall consider,
but shall not be limited to, the following:
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| (a) The size, composition and growth of the population | 22 |
| of the area
to be served;
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| (b) The number of existing and planned facilities | 24 |
| offering similar
programs;
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| (c) The extent of utilization of existing facilities;
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| (d) The availability of facilities which may serve as |
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| alternatives
or substitutes;
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| (e) The availability of personnel necessary to the | 3 |
| operation of the
facility;
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| (f) Multi-institutional planning and the establishment | 5 |
| of
multi-institutional systems where feasible;
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| (g) The financial and economic feasibility of proposed | 7 |
| construction
or modification; and
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| (h) In the case of health care facilities established | 9 |
| by a religious
body or denomination, the needs of the | 10 |
| members of such religious body or
denomination may be | 11 |
| considered to be public need.
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| The health care facility plans which are developed and | 13 |
| adopted in
accordance with this Section shall form the basis | 14 |
| for the plan of the State
to deal most effectively with | 15 |
| statewide health needs in regard to health
care facilities.
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| (5) Coordinate with other state agencies having | 17 |
| responsibilities
affecting health care facilities, including | 18 |
| those of licensure and cost
reporting.
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| (6) Solicit, accept, hold and administer on behalf of the | 20 |
| State
any grants or bequests of money, securities or property | 21 |
| for
use by the State Board or recognized areawide health | 22 |
| planning
organizations in the administration of this Act; and | 23 |
| enter into contracts
consistent with the appropriations for | 24 |
| purposes enumerated in this Act.
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| (7) The State Board shall prescribe, in
consultation with | 26 |
| the recognized
areawide health planning organizations, |
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| procedures for review, standards,
and criteria which shall be | 2 |
| utilized
to make periodic areawide reviews and determinations | 3 |
| of the appropriateness
of any existing health services being | 4 |
| rendered by health care facilities
subject to the Act. The | 5 |
| State Board shall consider recommendations of the
areawide | 6 |
| health planning organization and the Agency in making its
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| determinations.
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| (8) Prescribe, in consultation
with the recognized | 9 |
| areawide health planning organizations, rules, regulations,
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| standards, and criteria for the conduct of an expeditious | 11 |
| review of
applications
for permits for projects of construction | 12 |
| or modification of a health care
facility, which projects are | 13 |
| non-substantive in nature. Such rules shall
not abridge the | 14 |
| right of areawide health planning organizations to make
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| recommendations on the classification and approval of | 16 |
| projects, nor shall
such rules prevent the conduct of a public | 17 |
| hearing upon the timely request
of an interested party. Such | 18 |
| reviews shall not exceed 60 days from the
date the application | 19 |
| is declared to be complete by the Agency.
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| (9) Prescribe rules, regulations,
standards, and criteria | 21 |
| pertaining to the granting of permits for
construction
and | 22 |
| modifications which are emergent in nature and must be | 23 |
| undertaken
immediately to prevent or correct structural | 24 |
| deficiencies or hazardous
conditions that may harm or injure | 25 |
| persons using the facility, as defined
in the rules and | 26 |
| regulations of the State Board. This procedure is exempt
from |
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| public hearing requirements of this Act.
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| (10) Prescribe rules,
regulations, standards and criteria | 3 |
| for the conduct of an expeditious
review, not exceeding 60 | 4 |
| days, of applications for permits for projects to
construct or | 5 |
| modify health care facilities which are needed for the care
and | 6 |
| treatment of persons who have acquired immunodeficiency | 7 |
| syndrome (AIDS)
or related conditions.
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| (11) Create a 3-member rules revision subcommittee, which | 9 |
| will hold at least 2 rule revision meetings each year. The rule | 10 |
| revision meetings must allow all parties to offer rule revision | 11 |
| suggestions to the subcommittee. The rule revision | 12 |
| subcommittee shall report to the full Board at least annually | 13 |
| with any rule change recommendations.
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| (12) Any final decision of the State Board shall be | 15 |
| accompanied by a written opinion prepared by the Board. The | 16 |
| opinion shall include a statement
of findings and conclusions | 17 |
| with respect to all the
material issues of fact, law, and | 18 |
| discretion presented on the record. The written opinion shall | 19 |
| be served on all parties by mailing a copy in a sealed package | 20 |
| with postage prepaid.
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| (Source: P.A. 93-41, eff. 6-27-03; 94-983, eff. 6-30-06.)
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| (20 ILCS 3960/12.3)
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| (Section scheduled to be repealed on April 1, 2007)
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| Sec. 12.3. Revision of criteria, standards, and rules. | 25 |
| Before December 31, 2004, the State Board shall review, revise, |
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| and
promulgate the
criteria, standards, and rules used to | 2 |
| evaluate applications for permit. To the
extent practicable,
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| the criteria, standards, and rules shall be based on objective | 4 |
| criteria. In
particular, the review of
the criteria, standards, | 5 |
| and rules shall consider:
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| (1) Whether the criteria and standards reflect current | 7 |
| industry standards
and
anticipated trends.
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| (2) Whether the criteria and standards can be reduced | 9 |
| or eliminated.
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| (3) Whether criteria and standards can be developed to | 11 |
| authorize the
construction
of unfinished space for future | 12 |
| use when the ultimate need for such space can be
reasonably
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| projected.
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| (4) Whether the criteria and standards take into | 15 |
| account issues related to
population growth and changing | 16 |
| demographics in a community.
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| (5) Whether facility-defined service and planning | 18 |
| areas should be
recognized.
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| The rules shall identify and give special consideration to | 20 |
| areas of the State with high population growth. Population | 21 |
| growth must be measured based on past population and projected | 22 |
| population, as established by an organization that specializes | 23 |
| in projecting population growth. Travel time and traffic | 24 |
| congestion shall be factors in determining health facility | 25 |
| needs in designated high population growth areas.
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| (Source: P.A. 93-41, eff. 6-27-03 .)
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| (20 ILCS 3960/13.2 new)
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| Sec. 13.2. Denial of permits; burden of proof. With respect | 3 |
| to the denial of an application for a permit under this Act, | 4 |
| the State Board shall have the burden of showing that the | 5 |
| proposed construction, modification, or expenditure is not | 6 |
| needed.
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| (20 ILCS 3960/19.6)
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| (Section scheduled to be repealed on April 1, 2007)
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| Sec. 19.6. Repeal. This Act is repealed on June 30, 2011
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| April 1, 2007 .
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| (Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04; 94-983, | 12 |
| eff. 6-30-06.)
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| Section 10. The State Finance Act is amended by changing | 14 |
| Section 8h as follows: | 15 |
| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 17 |
| (a) Except as otherwise provided in this Section and | 18 |
| Section 8n of this Act, and (c), (d), or (e),
notwithstanding | 19 |
| any other
State law to the contrary, the Governor
may, through | 20 |
| June 30, 2007, from time to time direct the State Treasurer and | 21 |
| Comptroller to transfer
a specified sum from any fund held by | 22 |
| the State Treasurer to the General
Revenue Fund in order to |
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| help defray the State's operating costs for the
fiscal year. | 2 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 4 |
| revenues to be deposited
into the fund during that fiscal year | 5 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 6 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 7 |
| 2005 only, prior to calculating the July 1, 2004 final | 8 |
| balances, the Governor may calculate and direct the State | 9 |
| Treasurer with the Comptroller to transfer additional amounts | 10 |
| determined by applying the formula authorized in Public Act | 11 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 12 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 14 |
| amount less than
the amount remaining unexpended and unreserved | 15 |
| from the total appropriation
from that fund estimated to be | 16 |
| expended for that fiscal year. This Section does not apply to | 17 |
| any
funds that are restricted by federal law to a specific use, | 18 |
| to any funds in
the Motor Fuel Tax Fund, the Intercity | 19 |
| Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | 20 |
| Provider Relief Fund, the Teacher Health Insurance Security | 21 |
| Fund, the Reviewing Court Alternative Dispute Resolution Fund, | 22 |
| the Voters' Guide Fund, the Foreign Language Interpreter Fund, | 23 |
| the Lawyers' Assistance Program Fund, the Supreme Court Federal | 24 |
| Projects Fund, the Supreme Court Special State Projects Fund, | 25 |
| the Supplemental Low-Income Energy Assistance Fund, the Good | 26 |
| Samaritan Energy Trust Fund, the Low-Level Radioactive Waste |
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| Facility Development and Operation Fund, the Horse Racing | 2 |
| Equity Trust Fund, or the Hospital Basic Services Preservation | 3 |
| Fund, or to any
funds to which subsection (f) of Section 20-40 | 4 |
| of the Nursing and Advanced Practice Nursing Act applies. No | 5 |
| transfers may be made under this Section from the Pet | 6 |
| Population Control Fund. Notwithstanding any
other provision | 7 |
| of this Section, for fiscal year 2004,
the total transfer under | 8 |
| this Section from the Road Fund or the State
Construction | 9 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 10 |
| revenues to be deposited
into the fund during that fiscal year | 11 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 12 |
| year 2005 through fiscal year 2007, no amounts may be | 13 |
| transferred under this Section from the Road Fund, the State | 14 |
| Construction Account Fund, the Criminal Justice Information | 15 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 16 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 18 |
| Governor
may include receipts, transfers into the fund, and | 19 |
| other
resources anticipated to be available in the fund in that | 20 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 22 |
| amounts designated
under this Section as soon as may be | 23 |
| practicable after receiving the direction
to transfer from the | 24 |
| Governor.
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| (a-5) Transfers directed to be made under this Section on | 26 |
| or before February 28, 2006 that are still pending on May 19, |
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| 2006 ( the effective date of Public Act 94-774)
this amendatory | 2 |
| Act of the 94th General Assembly shall be redirected as | 3 |
| provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The | 5 |
| Cure Fund; (ii) any fund established under the Community Senior | 6 |
| Services and Resources Act; or (iii) on or after January 1, | 7 |
| 2006 (the effective date of Public Act 94-511), the Child Labor | 8 |
| and Day and Temporary Labor Enforcement Fund. | 9 |
| (c) This Section does not apply to the Demutualization | 10 |
| Trust Fund established under the Uniform Disposition of | 11 |
| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the | 13 |
| Illinois State Podiatric Disciplinary Fund for podiatric | 14 |
| scholarships and residency programs under the Podiatric | 15 |
| Scholarship and Residency Act. | 16 |
| (e) Subsection (a) does not apply to, and no transfer may | 17 |
| be made under this Section from, the Pension Stabilization | 18 |
| Fund.
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| (f) This Section does not apply to the Illinois Health | 20 |
| Facilities Planning Fund.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 22 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 23 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 24 |
| 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | 25 |
| 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | 26 |
| eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; |
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| 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | 2 |
| 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | 3 |
| eff. 6-6-06; revised 6-19-06.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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