Illinois General Assembly - Full Text of HB5668
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Full Text of HB5668  95th General Assembly



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1     AN ACT concerning human rights.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The State Finance Act is amended by changing
5 Section 8h and adding Section 5.708 as follows:
6     (30 ILCS 105/5.708 new)
7     Sec. 5.708. The Department of Human Rights Special Fund.
8     (30 ILCS 105/8h)
9     Sec. 8h. Transfers to General Revenue Fund.
10     (a) Except as otherwise provided in this Section and
11 Section 8n of this Act, and notwithstanding any other State law
12 to the contrary, the Governor may, through June 30, 2007, from
13 time to time direct the State Treasurer and Comptroller to
14 transfer a specified sum from any fund held by the State
15 Treasurer to the General Revenue Fund in order to help defray
16 the State's operating costs for the fiscal year. The total
17 transfer under this Section from any fund in any fiscal year
18 shall not exceed the lesser of (i) 8% of the revenues to be
19 deposited into the fund during that fiscal year or (ii) an
20 amount that leaves a remaining fund balance of 25% of the July
21 1 fund balance of that fiscal year. In fiscal year 2005 only,
22 prior to calculating the July 1, 2004 final balances, the



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1 Governor may calculate and direct the State Treasurer with the
2 Comptroller to transfer additional amounts determined by
3 applying the formula authorized in Public Act 93-839 to the
4 funds balances on July 1, 2003. No transfer may be made from a
5 fund under this Section that would have the effect of reducing
6 the available balance in the fund to an amount less than the
7 amount remaining unexpended and unreserved from the total
8 appropriation from that fund estimated to be expended for that
9 fiscal year. This Section does not apply to any funds that are
10 restricted by federal law to a specific use, to any funds in
11 the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the
12 Hospital Provider Fund, the Medicaid Provider Relief Fund, the
13 Teacher Health Insurance Security Fund, the Reviewing Court
14 Alternative Dispute Resolution Fund, the Voters' Guide Fund,
15 the Foreign Language Interpreter Fund, the Lawyers' Assistance
16 Program Fund, the Supreme Court Federal Projects Fund, the
17 Supreme Court Special State Projects Fund, the Supplemental
18 Low-Income Energy Assistance Fund, the Good Samaritan Energy
19 Trust Fund, the Low-Level Radioactive Waste Facility
20 Development and Operation Fund, the Horse Racing Equity Trust
21 Fund, the Metabolic Screening and Treatment Fund, or the
22 Hospital Basic Services Preservation Fund, or to any funds to
23 which Section 70-50 of the Nurse Practice Act applies. No
24 transfers may be made under this Section from the Pet
25 Population Control Fund. Notwithstanding any other provision
26 of this Section, for fiscal year 2004, the total transfer under



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1 this Section from the Road Fund or the State Construction
2 Account Fund shall not exceed the lesser of (i) 5% of the
3 revenues to be deposited into the fund during that fiscal year
4 or (ii) 25% of the beginning balance in the fund. For fiscal
5 year 2005 through fiscal year 2007, no amounts may be
6 transferred under this Section from the Road Fund, the State
7 Construction Account Fund, the Criminal Justice Information
8 Systems Trust Fund, the Wireless Service Emergency Fund, or the
9 Mandatory Arbitration Fund.
10     In determining the available balance in a fund, the
11 Governor may include receipts, transfers into the fund, and
12 other resources anticipated to be available in the fund in that
13 fiscal year.
14     The State Treasurer and Comptroller shall transfer the
15 amounts designated under this Section as soon as may be
16 practicable after receiving the direction to transfer from the
17 Governor.
18     (a-5) Transfers directed to be made under this Section on
19 or before February 28, 2006 that are still pending on May 19,
20 2006 (the effective date of Public Act 94-774) shall be
21 redirected as provided in Section 8n of this Act.
22     (b) This Section does not apply to: (i) the Ticket For The
23 Cure Fund; (ii) any fund established under the Community Senior
24 Services and Resources Act; or (iii) on or after January 1,
25 2006 (the effective date of Public Act 94-511), the Child Labor
26 and Day and Temporary Labor Enforcement Fund.



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1     (c) This Section does not apply to the Demutualization
2 Trust Fund established under the Uniform Disposition of
3 Unclaimed Property Act.
4     (d) This Section does not apply to moneys set aside in the
5 Illinois State Podiatric Disciplinary Fund for podiatric
6 scholarships and residency programs under the Podiatric
7 Scholarship and Residency Act.
8     (e) Subsection (a) does not apply to, and no transfer may
9 be made under this Section from, the Pension Stabilization
10 Fund.
11     (f) Subsection (a) does not apply to, and no transfer may
12 be made under this Section from, the Illinois Power Agency
13 Operations Fund, the Illinois Power Agency Facilities Fund, the
14 Illinois Power Agency Debt Service Fund, and the Illinois Power
15 Agency Trust Fund.
16     (g) (f) This Section does not apply to the Veterans Service
17 Organization Reimbursement Fund.
18     (h) (f) This Section does not apply to the Supreme Court
19 Historic Preservation Fund.
20     (i) This Section does not apply to the Department of Human
21 Rights Special Fund.
22 (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511,
23 eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05;
24 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff.
25 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773,
26 eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06;



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1 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff.
2 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639,
3 eff. 10-5-07; 95-695, eff. 11-5-07; revised 11-2-07.)
4     Section 10. The Illinois Human Rights Act is amended by
5 adding Section 7-113 as follows:
6     (775 ILCS 5/7-113 new)
7     Sec. 7-113. Employer report form; registration fee. When a
8 person files an "Employer Report Form" (PC-1) with the
9 Department as specified in subsection (J) of Section 2-101 to
10 establish eligibility to be awarded a contract by a State
11 agency, the person must pay a $75 registration fee. A person
12 must also pay a $75 registration fee when the person files for
13 renewal of eligibility. These fees shall be paid into the
14 Department of Human Rights Special Fund, a special fund that is
15 created in the State treasury. Notwithstanding any other law to
16 the contrary, the Fund is not subject to sweeps, administrative
17 charges or charge-backs, or any other fiscal or budgetary
18 maneuver that would in any way transfer any funds from the Fund
19 into any other fund of the State. Moneys in the Fund shall be
20 used solely to fund the Department's public contract compliance
21 monitoring program and other Department programs and
22 activities.
23     Notwithstanding any other rulemaking authority that may
24 exist, neither the Governor nor any agency or agency head under



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1 the jurisdiction of the Governor has any authority to make or
2 promulgate rules to implement or enforce the provisions of this
3 amendatory Act of the 95th General Assembly. If, however, the
4 Governor believes that rules are necessary to implement or
5 enforce the provisions of this amendatory Act of the 95th
6 General Assembly, the Governor may suggest rules to the General
7 Assembly by filing them with the Clerk of the House and
8 Secretary of the Senate and by requesting that the General
9 Assembly authorize such rulemaking by law, enact those
10 suggested rules into law, or take any other appropriate action
11 in the General Assembly's discretion. Nothing contained in this
12 amendatory Act of the 95th General Assembly shall be
13 interpreted to grant rulemaking authority under any other
14 Illinois statute where such authority is not otherwise
15 explicitly given. For the purposes of this amendatory Act of
16 the 95th General Assembly, "rules" is given the meaning
17 contained in Section 1-70 of the Illinois Administrative
18 Procedure Act, and "agency" and "agency head" are given the
19 meanings contained in Sections 1-20 and 1-25 of the Illinois
20 Administrative Procedure Act to the extent that such
21 definitions apply to agencies or agency heads under the
22 jurisdiction of the Governor.
23     Section 99. Effective date. This Act takes effect January
24 1, 2009.