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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:
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30 ILCS 105/8.8b |
from Ch. 127, par. 144.8b |
30 ILCS 105/8h |
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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 | |
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A BILL FOR
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HB0911 |
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LRB096 04823 RCE 14888 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing |
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| Sections 8.8b and 8h as follows:
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| (30 ILCS 105/8.8b) (from Ch. 127, par. 144.8b)
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| Sec. 8.8b. Transfers from Grade Crossing Protection Fund. |
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| (a) In addition
to any other permitted use of moneys in the |
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| Fund, and notwithstanding any
restriction on the use of the |
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| Fund, moneys in the Grade Crossing Protection
Fund may be |
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| transferred to the General Revenue Fund as authorized by Public
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| Act 87-14. The General Assembly finds that an excess of moneys |
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| existed in
the Fund on July 30, 1991, and the Governor's order |
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| of July 30, 1991,
requesting the Comptroller and Treasurer to |
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| transfer an amount from the
Fund to the General Revenue Fund is |
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| hereby validated.
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| (b) On and after the effective date of this amendatory Act |
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| of the 96th General Assembly, the Grade Crossing Protection |
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| Fund is not subject to sweeps, administrative charges, or |
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| charge-backs, including but not limited to those authorized |
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| under Section 8h of the State Finance Act, or any other fiscal |
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| or budgetary maneuver that would in any way transfer any funds |
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| from the Grade Crossing Protection Fund into any other fund of |
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HB0911 |
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LRB096 04823 RCE 14888 b |
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| the State unless specifically authorized by law. |
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| (Source: P.A. 90-372, eff. 7-1-98.)
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. |
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| (a) Except as otherwise provided in this Section and |
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| Section 8n of this Act, and
notwithstanding any other
State law |
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| to the contrary, the Governor
may, through June 30, 2007, from |
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| time to time direct the State Treasurer and Comptroller to |
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| transfer
a specified sum from any fund held by the State |
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| Treasurer to the General
Revenue Fund in order to help defray |
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| the State's operating costs for the
fiscal year. The total |
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| transfer under this Section from any fund in any
fiscal year |
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| shall not exceed the lesser of (i) 8% of the revenues to be |
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| deposited
into the fund during that fiscal year or (ii) an |
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| amount that leaves a remaining fund balance of 25% of the July |
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| 1 fund balance of that fiscal year. In fiscal year 2005 only, |
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| prior to calculating the July 1, 2004 final balances, the |
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| Governor may calculate and direct the State Treasurer with the |
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| Comptroller to transfer additional amounts determined by |
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| applying the formula authorized in Public Act 93-839 to the |
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| funds balances on July 1, 2003.
No transfer may be made from a |
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| fund under this Section that would have the
effect of reducing |
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| the available balance in the fund to an amount less than
the |
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| amount remaining unexpended and unreserved from the total |
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| appropriation
from that fund estimated to be expended for that |
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HB0911 |
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LRB096 04823 RCE 14888 b |
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| fiscal year. This Section does not apply to any
funds that are |
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| restricted by federal law to a specific use, to any funds in
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| the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the |
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| Hospital Provider Fund, the Medicaid Provider Relief Fund, the |
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| Teacher Health Insurance Security Fund, the Reviewing Court |
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| Alternative Dispute Resolution Fund, the Voters' Guide Fund, |
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| the Foreign Language Interpreter Fund, the Lawyers' Assistance |
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| Program Fund, the Supreme Court Federal Projects Fund, the |
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| Supreme Court Special State Projects Fund, the Supplemental |
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| Low-Income Energy Assistance Fund, the Good Samaritan Energy |
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| Trust Fund, the Low-Level Radioactive Waste Facility |
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| Development and Operation Fund, the Horse Racing Equity Trust |
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| Fund, the Metabolic Screening and Treatment Fund, or the |
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| Hospital Basic Services Preservation Fund, or to any
funds to |
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| which Section 70-50 of the Nurse Practice Act applies. No |
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| transfers may be made under this Section from the Pet |
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| Population Control Fund. Notwithstanding any
other provision |
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| of this Section, for fiscal year 2004,
the total transfer under |
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| this Section from the Road Fund or the State
Construction |
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| Account Fund shall not exceed the lesser of (i) 5% of the |
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| revenues to be deposited
into the fund during that fiscal year |
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| or (ii) 25% of the beginning balance in the fund.
For fiscal |
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| year 2005 through fiscal year 2007, no amounts may be |
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| transferred under this Section from the Road Fund, the State |
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| Construction Account Fund, the Criminal Justice Information |
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| Systems Trust Fund, the Wireless Service Emergency Fund, or the |
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HB0911 |
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LRB096 04823 RCE 14888 b |
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| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the |
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| Governor
may include receipts, transfers into the fund, and |
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| other
resources anticipated to be available in the fund in that |
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| fiscal year.
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| The State Treasurer and Comptroller shall transfer the |
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| amounts designated
under this Section as soon as may be |
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| practicable after receiving the direction
to transfer from the |
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| Governor.
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| (a-5) Transfers directed to be made under this Section on |
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| or before February 28, 2006 that are still pending on May 19, |
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| 2006 (the effective date of Public Act 94-774) shall be |
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| redirected as provided in Section 8n of this Act.
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| (b) This Section does not apply to: (i) the Ticket For The |
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| Cure Fund; (ii) any fund established under the Community Senior |
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| Services and Resources Act; or (iii) on or after January 1, |
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| 2006 (the effective date of Public Act 94-511), the Child Labor |
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| and Day and Temporary Labor Enforcement Fund. |
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| (c) This Section does not apply to the Demutualization |
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| Trust Fund established under the Uniform Disposition of |
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| Unclaimed Property Act.
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| (d) This Section does not apply to moneys set aside in the |
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| Illinois State Podiatric Disciplinary Fund for podiatric |
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| scholarships and residency programs under the Podiatric |
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| Scholarship and Residency Act. |
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| (e) Subsection (a) does not apply to, and no transfer may |
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HB0911 |
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LRB096 04823 RCE 14888 b |
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| be made under this Section from, the Pension Stabilization |
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| Fund.
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| (f) Subsection (a) does not apply to, and no transfer may |
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| be made under this Section from, the Illinois Power Agency |
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| Operations Fund, the Illinois Power Agency Facilities Fund, the |
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| Illinois Power Agency Debt Service Fund, and the Illinois Power |
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| Agency Trust Fund.
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| (g)
This Section does not apply to the Veterans Service |
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| Organization Reimbursement Fund.
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| (h)
This Section does not apply to the Supreme Court |
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| Historic Preservation Fund.
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| (i) This Section does not apply to, and no transfer may be |
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| made under this Section from, the Money Follows the Person |
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| Budget Transfer Fund. |
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| (j) This Section does not apply to the Grade Crossing |
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| Protection Fund. |
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| (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, |
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| eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; |
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| 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. |
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| 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, |
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| eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; |
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| 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. |
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| 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, |
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| eff. 10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; |
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| 95-876, eff. 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon |