Public Act 094-0774
 		





SB0014 Enrolled
LRB094 07034 AJO 37176 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 
Sections 8h and 8j and by adding Section 8n as follows:
 
    (30 ILCS 105/8h)


    Sec. 8h. Transfers to General Revenue Fund.  
    (a) Except as otherwise provided in this Section and 
Section 8n of this Act, and
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, the 
Teacher Health Insurance Security Fund, the Reviewing Court 
Alternative Dispute Resolution Fund, or the Voters' Guide Fund, 
the Foreign Language Interpreter Fund, the Lawyers' Assistance 
Program Fund, the Supreme Court Federal Projects Fund, the 
Supreme Court Special State Projects Fund, or the Low-Level 
Radioactive Waste Facility Development and Operation Fund, or 
the Hospital Basic Services Preservation Fund, or to any
funds 
to which subsection (f) of Section 20-40 of the Nursing and 
Advanced Practice Nursing Act applies. No transfers may be made 
under this Section from the Pet Population Control Fund.   
    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.


    (a-5) Transfers directed to be made under this Section on 
or before February 28, 2006 that are still pending on the 
effective date of this amendatory Act of the 94th General 
Assembly shall be redirected as provided in Section 8n of this 
Act.

    (b) This Section does not apply to: (i) the Ticket For The 
Cure Fund; (ii)
or to any fund established under the Community 
Senior Services and Resources Act; or (iii)
(ii) on or after 
January 1, 2006 (the effective date of Public Act 94-511)
this 
amendatory Act of the 94th General Assembly, the Child Labor 
and Day and Temporary Labor Enforcement Fund.
    (c) This Section does not apply to the Demutualization 
Trust Fund established under the Uniform Disposition of 
Unclaimed Property Act.

    (d)
(c) This Section does not apply to moneys set aside in 
the Illinois State Podiatric Disciplinary Fund for podiatric 
scholarships and residency programs under the Podiatric 
Scholarship and Residency 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; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. 
1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, 
eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; 
94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)

 



    (30 ILCS 105/8j)


    Sec. 8j. Allocation and transfer of fee receipts to General 
Revenue Fund. Except as otherwise provided in this Section and 
Section 8n of this Act, and notwithstanding
Notwithstanding any 
other law to the
contrary, additional amounts generated by the 
new and increased fees created
or authorized by Public Acts 
93-22, 93-23, 93-24, and 93-32 shall be allocated between the 
fund otherwise entitled to
receive the fee and the General 
Revenue Fund by the Governor
Governor's Office of
Management 
and Budget.  In determining the amount of
the allocation to the 
General Revenue Fund, the Governor
Director of the Governor's

Office of Management and Budget shall calculate
whether the 
available resources in the fund are sufficient to satisfy the

unexpended and unreserved appropriations from the fund for the 
fiscal year.

    In calculating the available resources in a fund, the 
Governor
Director of the
Governor's Office of Management and 
Budget may
include receipts, transfers into the fund, and other 
resources anticipated to
be available in the fund in that 
fiscal year.

    Upon determining the amount of an allocation to the General 
Revenue Fund
under this Section, the Governor
Director of the 
Governor's Office of Management
and Budget may direct the State 
Treasurer and
Comptroller to transfer the amount of that 
allocation from the fund in which
the fee amounts have been 
deposited to the General Revenue Fund; provided,
however, that 
the Governor
Director shall not direct the transfer of any 
amount that
would have the effect of reducing the available 
resources in the fund to an
amount less than the amount 
remaining unexpended and unreserved from the total

appropriation from that fund for 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
Director of the Governor's Office of Management and

Budget.

    This Section does not apply to the Demutualization Trust 
Fund established under the Uniform Disposition of Unclaimed 
Property Act.

    Transfers directed to be made under this Section on or 
before February 28, 2006 that are still pending on the 
effective date of this amendatory Act of the 94th General 
Assembly shall be redirected as provided in Section 8n of this 
Act.

(Source: P.A. 93-25, eff. 6-20-03; 93-32, eff. 6-20-03; 94-686, 
eff. 11-2-05.)


 
    (30 ILCS 105/8n  new)
    Sec. 8n. Redirected fund transfers.
    (a) Transfers directed to be made under Section 8h of this 
Act on or before February 28, 2006 that are still pending on 
the effective date of this amendatory Act of the 94th General 
Assembly shall be redirected and completed as provided in 
subsections (c) and (d) of this Section.

    (b) Transfers directed to be made under Section 8j of this 
Act on or before February 28, 2006 that are still pending on 
the effective date of this amendatory Act of the 94th General 
Assembly shall be redirected and completed as provided in 
subsections (c) and (d) of this Section.

    (c) The first $250,000,000 of transfers that are subject to 
redirection under this Section shall be redirected as follows:
        (1) one-third of each amount directed to be transferred 
    to the General Revenue Fund shall be transferred to the 
    Drug Rebate Fund instead of the General Revenue Fund;
        (2) one-third of each amount directed to be transferred 
    to the General Revenue Fund shall be transferred to the 
    Hospital Provider Fund instead of the General Revenue Fund; 
    and
        (3) one-third of each amount directed to be transferred 
    to the General Revenue Fund shall be transferred to the 
    Long-term Care Provider Fund instead of the General Revenue 
    Fund.
    If the aggregate amount of all transfers that are subject 
to redirection under this Section exceeds $250,000,000, the 
excess over that amount shall be transferred to the General 
Revenue Fund.
    (d) All transfers redirected by this Section must be 
completed by the State Comptroller and State Treasurer within 7 
days after the effective date of this amendatory Act of the 
94th General Assembly.

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