Bill Text: IL HB0911 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the State Finance Act. Provides that the Grade Crossing Protection Fund is not subject to sweeps, administrative charges, or charge-backs or any other fiscal or budgetary maneuver that would in any way transfer any funds from the Grade Crossing Protection Fund into any other fund of the State unless specifically authorized by law. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0911 Detail]

Download: Illinois-2009-HB0911-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0911 Introduced 02/10/09, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED:
30 ILCS 105/8.8b from Ch. 127, par. 144.8b
30 ILCS 105/8h
Amends the State Finance Act. Provides that the Grade Crossing Protection Fund is not subject to sweeps, administrative charges, or charge-backs or any other fiscal or budgetary maneuver that would in any way transfer any funds from the Grade Crossing Protection Fund into any other fund of the State unless specifically authorized by law. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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
Sections 8.8b and 8h as follows:
(30 ILCS 105/8.8b) (from Ch. 127, par. 144.8b)
Sec. 8.8b. Transfers from Grade Crossing Protection Fund.
(a) In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Grade Crossing Protection Fund may be
transferred to the General Revenue Fund as authorized by Public
Act 87-14. The General Assembly finds that an excess of moneys
existed in the Fund on July 30, 1991, and the Governor's order
of July 30, 1991, requesting the Comptroller and Treasurer to
transfer an amount from the Fund to the General Revenue Fund is
hereby validated.
(b) On and after the effective date of this amendatory Act
of the 96th General Assembly, the Grade Crossing Protection
Fund is not subject to sweeps, administrative charges, or
charge-backs, including but not limited to those authorized
under Section 8h of the State Finance Act, or any other fiscal
or budgetary maneuver that would in any way transfer any funds
from the Grade Crossing Protection Fund into any other fund of

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the State unless specifically authorized by law.
(Source: P.A. 90-372, eff. 7-1-98.)
(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

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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

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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

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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 Grade Crossing
Protection 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

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becoming law.