State of Illinois
90th General Assembly
Legislation

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90_HB0907

      New Act
      30 ILCS 105/5.449 new
          Creates the Rainy Day and Education First Act and  amends
      the  State  Finance  Act.   Creates the Revenue Stabilization
      Fund as a special fund within the State treasury for  use  in
      meeting   the   State's   obligations  and  casual  deficits.
      Provides that for any year when the State's estimated general
      funds revenues exceed the prior year's general funds revenues
      by more than 4% the Governor shall submit a  proposed  budget
      to  the  General  Assembly  that  includes transfers into the
      Revenue Stabilization Fund of an amount not less  than  0.25%
      of the anticipated general funds revenues.  Provides that the
      General  Assembly shall appropriate no less than 0.25% of the
      estimated  revenues  to  the  Revenue   Stabilization   Fund.
      Provides   for   the  transfer  of  funds  into  the  Revenue
      Stabilization Fund. Sets a maximum Revenue Stabilization Fund
      balance and  provides  for  transfers  into  the  Educational
      Assistance   Fund   when  that  maximum  is  met.   Effective
      immediately.
                                                    LRB9002143MWpcB
                                              LRB9002143MWpcB
 1        AN ACT concerning State revenue stabilization.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  1.   Short  title.  This Act may be cited as the
 5    Rainy Day and Education First Act.
 6        Section 5.   Revenue  Stabilization  Fund.   The  Revenue
 7    Stabilization Fund, referred to in this Act as the "Fund", is
 8    established as a special fund in the State treasury to retain
 9    State  revenues  for future needs, reduce the need for future
10    tax increases, and provide available resources to meet  State
11    obligations  whenever casual deficits or failures in revenues
12    occur.
13        Section 10.   Payments  into  the  Revenue  Stabilization
14    Fund.
15        (a)  For   any  fiscal  year  in  which  the  anticipated
16    revenues into the State's general funds are estimated by  the
17    Governor to exceed the prior year's general funds revenues by
18    more  than  4%,  the  Governor  shall  submit  to the General
19    Assembly a proposed budget that includes transfers  into  the
20    Revenue  Stabilization  Fund of an amount not less than 0.25%
21    of the anticipated general funds revenues.
22        (b)  In any year that the Governor includes  payments  to
23    the  Revenue  Stabilization  Fund  in  the  State budget, the
24    General Assembly shall appropriate amounts for  payment  into
25    the  Revenue  Stabilization Fund for each fiscal year so that
26    the total amount appropriated is sufficient to allow for  the
27    payment  of no less than 0.25% of estimated revenues into the
28    State's general funds.
29        (c)  Beginning on July 1 of each fiscal year, and the 1st
30    day of each subsequent month of the fiscal year, or  as  soon
                            -2-               LRB9002143MWpcB
 1    thereafter  as  may  be possible, the Comptroller shall order
 2    paid and the Treasurer shall pay 0.25% of revenues  from  the
 3    prior month into the Revenue Stabilization Fund.
 4        (d)  As  soon  as practical after January 1 of each year,
 5    the Comptroller  and  Treasurer  shall  calculate  the  total
 6    amount  of revenues into the State's general funds during the
 7    preceding 6 months.  If the revenues into the  general  funds
 8    during  that  period  exceed  the  amount of revenues for the
 9    first 6 months of the preceding fiscal year by more  than  4%
10    and there are no appropriations for payments into the Revenue
11    Stabilization  Fund,  the  Comptroller  shall  direct and the
12    Treasurer shall pay 0.25% of  all  subsequent  general  funds
13    revenues each month for the remainder of the fiscal year into
14    the  Revenue  Stabilization  Fund.  For the purpose of making
15    the transfers and payments required by this paragraph,  there
16    are  hereby appropriated from the General Revenue Fund to the
17    Comptroller, on a continuing basis, sums equal to the  amount
18    of  0.25%  of  general funds revenues for the sole purpose of
19    funding the Revenue Stabilization Fund.
20        (e)  If the balance in the Fund as  of  June  30  of  the
21    fiscal  year exceeds the greater of $350,000,000 or 2% of the
22    total general funds revenues for that  year,  any  subsequent
23    transfer  required  by  this  Section  shall be made into the
24    Educational  Assistance  Fund  for  the  benefit  of   public
25    education,  with  no offsetting reduction in funding from any
26    other funding source.
27        (f)  At any time during the fiscal  year,  the  Governor,
28    Comptroller,  and Treasurer may agree to suspend any payments
29    required  by  this  Section.   Payment   into   the   Revenue
30    Stabilization  Fund  shall resume during the fiscal year upon
31    the agreement of the Governor, Comptroller, and Treasurer.
32        Section 15. Use of Fund.  The Governor, Comptroller,  and
33    Treasurer   may,   upon   a   determination  that  there  are
                            -3-               LRB9002143MWpcB
 1    insufficient resources available within the general funds  of
 2    the  State  to  meet  the  State's  obligations,  direct  the
 3    transfer  of  moneys  in the Fund to the general funds of the
 4    State.  The timing and the amount of those transfers shall be
 5    as specified by the Governor, Comptroller, and Treasurer.
 6        Section 95.  The State Finance Act is amended  by  adding
 7    Section 5.449 as follows:
 8        (30 ILCS 105/5.449 new)
 9        Sec. 5.449.  The Revenue Stabilization Fund.
10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.

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