Public Act 094-0535
 		





SB0635 Enrolled
LRB094 04359 RCE 34388 b






    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The State Finance Act is amended  by changing 
Section 8h and by adding Sections 5.640 and 6z-68 as follows:
 
    (30 ILCS 105/5.640 new)


    Sec. 5.640. The Intercity Passenger Rail Fund.

 
    (30 ILCS 105/6z-68  new)
    Sec. 6z-68. The Intercity Passenger Rail Fund.
    (a) The Intercity Passenger Rail Fund is created as a 
special fund in the State treasury.  Moneys in the Fund may be 
used by the Department of Transportation, subject to 
appropriation, for the operation of intercity passenger rail 
services in the State through Amtrak or its successor.
    Moneys received for the purposes of this Section, 
including, without limitation, income tax checkoff receipts 
and gifts, grants, and awards from any public or private 
entity, must be deposited into the Fund.   Any interest earned on 
moneys in the Fund must be deposited into the Fund.
    (b) At least one month before the beginning of each fiscal 
year, the chief operating officer of Amtrak or its successor 
must certify to the State Treasurer the  number of Amtrak 
tickets sold at the State rate during that current fiscal year.
    On the first day of that next fiscal year, or as soon 
thereafter as practical, the State Treasurer must transfer, 
from the General Revenue Fund to the Intercity Passenger Rail 
Fund, an amount equal to the tickets certified by the chief 
operating officer of Amtrak  multiplied by $50.
 
    (30 ILCS 105/8h)


    Sec. 8h. Transfers to General Revenue Fund.  
    (a) Except as provided in subsection (b), notwithstanding 
any other
State law to the contrary, the Governor


may, through 
June 30, 2007, from time to time direct the State Treasurer and 
Comptroller to transfer
a specified sum from any fund held by 
the State Treasurer to the General
Revenue Fund in order to 
help defray the State's operating costs for the
fiscal year.  
The total transfer under this Section from any fund in any

fiscal year shall not exceed the lesser of (i) 8% of the 
revenues to be deposited
into the fund during that fiscal year 
or (ii) an amount that leaves a remaining fund balance of 25% 
of the July 1 fund balance of that fiscal year. In fiscal year 
2005 only, prior to calculating the July 1, 2004 final 
balances, the Governor may calculate and direct the State 
Treasurer with the Comptroller to transfer additional amounts 
determined by applying the formula authorized in Public Act 
93-839 to the funds balances on July 1, 2003.
No transfer may 
be made from a fund under this Section that would have the

effect of reducing the available balance in the fund to an 
amount less than
the amount remaining unexpended and unreserved 
from the total appropriation
from that fund estimated to be 
expended for that fiscal year.  This Section does not apply to 
any
funds that are restricted by federal law to a specific use, 
to any funds in
the Motor Fuel Tax Fund, the Intercity 
Passenger Rail Fund, the Hospital Provider Fund, the Medicaid 
Provider Relief Fund, or the Reviewing Court Alternative 
Dispute Resolution Fund, or to any
funds to which subsection 
(f) of Section 20-40 of the Nursing and Advanced Practice 
Nursing Act applies.  Notwithstanding any
other provision of 
this Section, for fiscal year 2004,
the total transfer under 
this Section from the Road Fund or the State
Construction 
Account Fund shall not exceed the lesser of (i) 5% of the 
revenues to be deposited
into the fund during that fiscal year 
or (ii) 25% of the beginning balance in the fund.
For fiscal 
year 2005 through fiscal year 2007, no amounts may be 
transferred under this Section from the Road Fund, the State 
Construction Account Fund, the Criminal Justice Information 
Systems Trust Fund, the Wireless Service Emergency Fund, or the 
Mandatory Arbitration Fund.

    In determining the available balance in a fund, the 
Governor


may include receipts, transfers into the fund, and 
other
resources anticipated to be available in the fund in that 
fiscal year.


    The State Treasurer and Comptroller shall transfer the 
amounts designated
under this Section as soon as may be 
practicable after receiving the direction
to transfer from the 
Governor.


    (b) This Section does not apply to any fund established 
under the Community Senior Services and Resources Act.

(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, 
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; 
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. 
1-15-05.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.