Public Act 094-0058
 
SB0662 Enrolled LRB094 04385 RCE 34414 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
18.4 as follows:
 
    (20 ILCS 1705/18.4)
    Sec. 18.4. Community Mental Health Medicaid Trust Fund;
reimbursement.
    (a) The Community Mental Health Medicaid Trust Fund is
hereby created in the State Treasury.
    (b) Except as otherwise provided in this Section, effective
in the first fiscal year following repayment of interfund
transfers under subsection (b-1), the first $73,000,000 any
funds paid to the State by the federal government under Title
XIX or Title XXI of the Social Security Act for services
delivered by community mental health services providers, and
any interest earned thereon, shall be deposited directly into
the Community Mental Health Medicaid Trust Fund. The next
$25,000,000 shall be deposited Beginning with State fiscal year
2005, the first $95,000,000 received by the Department shall be
deposited 26.3% into the General Revenue Fund and 73.7% into
the Community Mental Health Medicaid Trust Fund. Amounts
received in excess of $98,000,000 $95,000,000 in any State
fiscal year after fiscal year 2006 shall be deposited 50% into
the General Revenue Fund and 50% into the Community Mental
Health Medicaid Trust Fund. The Department shall analyze the
budgeting and programmatic impact of this funding allocation
and report to the Governor and the General Assembly the results
of this analysis and any recommendations for change, no later
than December 31, 2005.
    (b-1) For State fiscal year 2005, the first $73,000,000 in
any funds paid to the State by the federal government under
Title XIX or Title XXI of the Social Security Act for services
delivered by community mental health services providers, and
any interest earned thereon, shall be deposited directly into
the Community Mental Health Trust Fund before any deposits are
made into the General Revenue Fund. The next $25,000,000, less
any deposits made prior to the effective date of this
amendatory Act of the 94th General Assembly, shall be deposited
into the General Revenue Fund. Amounts received in excess of
$98,000,000 shall be deposited 50% into the General Revenue
Fund and 50% into the Community Mental Health Medicaid Trust
Fund. At the direction of the Director of Public Aid, on April
1, 2005, or as soon thereafter as practical, the Comptroller
shall direct and the State Treasurer shall transfer amounts not
to exceed $14,000,000 into the Community Mental Health Medicaid
Fund from the Public Aid Recoveries Trust Fund.
    (b-2) For State fiscal year 2006, and in subsequent fiscal
years until any transfers under subsection (b-1) are repaid,
the first $73,000,000 in any funds paid to the State by the
federal government under Title XIX or Title XXI of the Social
Security Act for services delivered by community mental health
services providers, and any interest earned thereon, shall be
deposited directly into the Community Mental Health Trust Fund.
Then the next $14,000,000, or such amount as was transferred
under subsection (b-1) at the direction of the Director of
Public Aid, shall be deposited into the Public Aid Recoveries
Trust Fund. The next $11,000,000 shall be deposited into the
General Revenue Fund. Any additional amounts received shall be
deposited 50% into the General Revenue Fund and 50% into the
Community Mental Health Medicaid Trust Fund.
    (c) The Department shall reimburse community mental health
services providers for Medicaid-reimbursed mental health
services provided to eligible individuals. Moneys in the
Community Mental Health Medicaid Trust Fund may be used for
that purpose.
    (d) As used in this Section:
    "Medicaid-reimbursed mental health services" means
services provided by a community mental health provider under
an agreement with the Department that is eligible for
reimbursement under the federal Title XIX program or Title XXI
program.
    "Provider" means a community agency that is funded by the
Department to provide a Medicaid-reimbursed service.
    "Services" means mental health services provided under one
of the following programs:
        (1) Medicaid Clinic Option;
        (2) Medicaid Rehabilitation Option;
        (3) Targeted Case Management.
(Source: P.A. 92-597, eff. 6-28-02; 93-841, eff. 7-30-04.)
 
    Section 10. The State Finance Act is amended by changing
Section 8g as follows:
 
    (30 ILCS 105/8g)
    Sec. 8g. Fund transfers.
    (a) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $10,000,000 from the General Revenue Fund
to the Motor Vehicle License Plate Fund created by Senate Bill
1028 of the 91st General Assembly.
    (b) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $25,000,000 from the General Revenue Fund
to the Fund for Illinois' Future created by Senate Bill 1066 of
the 91st General Assembly.
    (c) In addition to any other transfers that may be provided
for by law, on August 30 of each fiscal year's license period,
the Illinois Liquor Control Commission shall direct and the
State Comptroller and State Treasurer shall transfer from the
General Revenue Fund to the Youth Alcoholism and Substance
Abuse Prevention Fund an amount equal to the number of retail
liquor licenses issued for that fiscal year multiplied by $50.
    (d) The payments to programs required under subsection (d)
of Section 28.1 of the Horse Racing Act of 1975 shall be made,
pursuant to appropriation, from the special funds referred to
in the statutes cited in that subsection, rather than directly
from the General Revenue Fund.
    Beginning January 1, 2000, on the first day of each month,
or as soon as may be practical thereafter, the State
Comptroller shall direct and the State Treasurer shall transfer
from the General Revenue Fund to each of the special funds from
which payments are to be made under Section 28.1(d) of the
Horse Racing Act of 1975 an amount equal to 1/12 of the annual
amount required for those payments from that special fund,
which annual amount shall not exceed the annual amount for
those payments from that special fund for the calendar year
1998. The special funds to which transfers shall be made under
this subsection (d) include, but are not necessarily limited
to, the Agricultural Premium Fund; the Metropolitan Exposition
Auditorium and Office Building Fund; the Fair and Exposition
Fund; the Standardbred Breeders Fund; the Thoroughbred
Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
    (e) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, but
in no event later than June 30, 2000, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$15,000,000 from the General Revenue Fund to the Fund for
Illinois' Future.
    (f) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, but
in no event later than June 30, 2000, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$70,000,000 from the General Revenue Fund to the Long-Term Care
Provider Fund.
    (f-1) In fiscal year 2002, in addition to any other
transfers that may be provided for by law, at the direction of
and upon notification from the Governor, the State Comptroller
shall direct and the State Treasurer shall transfer amounts not
exceeding a total of $160,000,000 from the General Revenue Fund
to the Long-Term Care Provider Fund.
    (g) In addition to any other transfers that may be provided
for by law, on July 1, 2001, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (h) In each of fiscal years 2002 through 2004, but not
thereafter, in addition to any other transfers that may be
provided for by law, the State Comptroller shall direct and the
State Treasurer shall transfer $5,000,000 from the General
Revenue Fund to the Tourism Promotion Fund.
    (i) On or after July 1, 2001 and until May 1, 2002, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2002.
    (i-1) On or after July 1, 2002 and until May 1, 2003, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2003.
    (j) On or after July 1, 2001 and no later than June 30,
2002, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
    From the General Revenue Fund.................$8,450,000
    From the Public Utility Fund..................1,700,000
    From the Transportation Regulatory Fund.......2,650,000
    From the Title III Social Security and
     Employment Fund..............................3,700,000
    From the Professions Indirect Cost Fund.......4,050,000
    From the Underground Storage Tank Fund........550,000
    From the Agricultural Premium Fund............750,000
    From the State Pensions Fund..................200,000
    From the Road Fund............................2,000,000
    From the Health Facilities
     Planning Fund................................1,000,000
    From the Savings and Residential Finance
     Regulatory Fund..............................130,800
    From the Appraisal Administration Fund........28,600
    From the Pawnbroker Regulation Fund...........3,600
    From the Auction Regulation
     Administration Fund..........................35,800
    From the Bank and Trust Company Fund..........634,800
    From the Real Estate License
     Administration Fund..........................313,600
    (k) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 92nd General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $2,000,000 from the General Revenue Fund to
the Teachers Health Insurance Security Fund.
    (k-1) In addition to any other transfers that may be
provided for by law, on July 1, 2002, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
    (k-2) In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
    (k-3) On or after July 1, 2002 and no later than June 30,
2003, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
    Appraisal Administration Fund.................$150,000
    General Revenue Fund..........................10,440,000
    Savings and Residential Finance
        Regulatory Fund...........................200,000
    State Pensions Fund...........................100,000
    Bank and Trust Company Fund...................100,000
    Professions Indirect Cost Fund................3,400,000
    Public Utility Fund...........................2,081,200
    Real Estate License Administration Fund.......150,000
    Title III Social Security and
        Employment Fund...........................1,000,000
    Transportation Regulatory Fund................3,052,100
    Underground Storage Tank Fund.................50,000
    (l) In addition to any other transfers that may be provided
for by law, on July 1, 2002, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (m) In addition to any other transfers that may be provided
for by law, on July 1, 2002 and on the effective date of this
amendatory Act of the 93rd General Assembly, or as soon
thereafter as may be practical, the State Comptroller shall
direct and the State Treasurer shall transfer the sum of
$1,200,000 from the General Revenue Fund to the Violence
Prevention Fund.
    (n) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,800,000 from the General
Revenue Fund to the DHS Recoveries Trust Fund.
    (o) On or after July 1, 2003, and no later than June 30,
2004, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Vehicle Inspection Fund:
    From the Underground Storage Tank Fund .......$35,000,000.
    (p) On or after July 1, 2003 and until May 1, 2004, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred from the Tobacco Settlement Recovery Fund to the
General Revenue Fund at the direction of and upon notification
from the Governor, but in any event on or before June 30, 2004.
    (q) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Illinois Military Family Relief Fund.
    (r) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,922,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (s) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$4,800,000 from the Statewide Economic Development Fund to the
General Revenue Fund.
    (t) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$50,000,000 from the General Revenue Fund to the Budget
Stabilization Fund.
    (u) On or after July 1, 2004 and until May 1, 2005, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2005.
    (v) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (w) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,445,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (x) In addition to any other transfers that may be provided
for by law, on January 15, 2005, or as soon thereafter as may
be practical, the State Comptroller shall direct and the State
Treasurer shall transfer to the General Revenue Fund the
following sums:
        From the State Crime Laboratory Fund, $200,000;
        From the State Police Wireless Service Emergency Fund,
    $200,000;
        From the State Offender DNA Identification System
    Fund, $800,000; and
        From the State Police Whistleblower Reward and
    Protection Fund, $500,000.
    (y) In addition to any other transfers that may be provided
for by law, on April 1, 2005, or as soon thereafter as may be
practical, at the direction of the Director of Public Aid, the
State Comptroller shall direct and the State Treasurer shall
transfer from the Public Aid Recoveries Trust Fund amounts not
to exceed $14,000,000 to the Community Mental Health Medicaid
Trust Fund.
(Source: P.A. 92-11, eff. 6-11-01; 92-505, eff. 12-20-01;
92-600, eff. 6-28-02; 93-32, eff. 6-20-03; 93-648, eff. 1-8-04;
93-839, eff. 7-30-04; 93-1067, eff. 1-15-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.