Public Act 096-0511
 		





HB1002 Enrolled
LRB096 03066 RLJ 13081 b






    AN ACT concerning finance.

 
    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 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
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, 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, the Supplemental 
Low-Income Energy Assistance Fund, the Good Samaritan Energy 
Trust Fund, the Low-Level Radioactive Waste Facility 
Development and Operation Fund, the Horse Racing Equity Trust 
Fund, the Metabolic Screening and Treatment Fund, or the 
Hospital Basic Services Preservation Fund, or to any
funds to 
which Section 70-50 of the Nurse Practice 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 May 19, 
2006 (the effective date of Public Act 94-774) 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) any fund established under the Community Senior 
Services and Resources Act; or (iii) on or after January 1, 
2006 (the effective date of Public Act 94-511), 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) 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.
    (e) Subsection (a) does not apply to, and no transfer may 
be made under this Section from, the Pension Stabilization 
Fund.

    (f) Subsection (a) does not apply to, and no transfer may 
be made under this Section from, the Illinois Power Agency 
Operations Fund, the Illinois Power Agency Facilities Fund, the 
Illinois Power Agency Debt Service Fund, and the Illinois Power 
Agency Trust Fund.

    (g)
 This Section does not apply to the Veterans Service 
Organization Reimbursement Fund.

    (h)
 This Section does not apply to the Supreme Court 
Historic Preservation Fund.

    (i) This Section does not apply to, and no transfer may be 
made under this Section from, the Money Follows the Person 
Budget Transfer Fund. 
    (j) This Section does not apply to the Illinois Historic 
Sites Fund and the Presidential Library and Museum Operating 
Fund. 
(Source: P.A. 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; 94-773, 
eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 
94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. 
8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, 
eff. 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; 
95-876, eff. 8-21-08.)



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