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.




Effective Date:  6/17/2005