Bill Text: IL HB2956 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the State Finance Act. Prohibits any fund listed in this Act from being subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amount from that fund into the General Fund of the State or any other fund.

Sponsorship: Bipartisan Bill

Status: (Failed) 2014-12-03 - Session Sine Die [HB2956 Detail]

Download: Illinois-2013-HB2956-Amended.html

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Rep. Scott Drury

Filed: 3/15/2013

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AMENDMENT TO HOUSE BILL 2956
AMENDMENT NO. ______. Amend House Bill 2956 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Fiscal Integrity of Special State Funds Commission Act.
Section 5. Findings and purpose. The General Assembly finds
that:
(a) The State of Illinois currently has over 700 special
funds within the State treasury, collecting funds from a wide
range of sources specified in their respective enabling laws.
(b) From Fiscal Years 2004 through 2007, the Illinois State
Budget was funded in part by administrative chargebacks
totaling over $700 million. From Fiscal Years 2003 through
2010, legislatively authorized transfers known as fund sweeps
totaled over $1.2 billion, with an additional $1 billion in
other fund transfers being made during those same fiscal years.

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In Fiscal Year 2011, consolidated services transfers exceeded
$179 million, and inter-fund borrowing exceeded $496 million.
(c) Currently, four statutes protect specific funds from
transfers, chargebacks and other forms of fund sweeps. In the
2013 Spring Session of the 98th General Assembly, 2
constitutional amendment resolutions and 34 bills and
amendments have been filed that include language protecting
certain funds from transfers, chargebacks and other forms of
fund sweeps.
(d) Notwithstanding the impact of Public Act 96-958, which
requires the repayment of certain fund transfers within 18
months from the date of transfer, the annual budget of the
State of Illinois remains dependent in part on various forms of
transfers and borrowing from special funds in the State
treasury.
Section 10. Fiscal Integrity of Special State Funds
Commission.
(a) There is created the Fiscal Integrity of Special State
Funds Commission. The Commission shall have 10 voting members
appointed as follows:
One member of the General Assembly, who shall serve as
co-chairperson, and one member of the public appointed by
the President of the Senate;
One member of the General Assembly and one member of
the public appointed by the Minority Leader of the Senate;

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One member of the General Assembly, who shall serve as
co-chairperson, and one member of the public appointed by
the Speaker of the House of Representatives;
One member of the General Assembly and one member of
the public appointed by the Minority Leader of the House of
Representatives; and
2 members appointed by the Governor.
The State Comptroller, or his or her designee, the
State Treasurer, or his or her designee, and the Director
of the Department of Revenue, or his or her designee, shall
serve as non-voting, ex-officio members of the Commission.
(b) The co-chairpersons may appoint such other individuals
as they may deem helpful as non-voting members of the
Commission.
(c) The members of the Commission shall serve without
compensation, but may be reimbursed for expenses from funds
appropriated for that purpose.
(d) The Department of Revenue shall provide administrative
support, together with meeting space, to assist the Commission
in fulfilling its mission. The Governor's Office of Management
and Budget and the Commission on Government Forecasting and
Accountability shall provide information and assistance, as
requested, to the Commission in fulfilling its mission.
Section 15. Meetings.
(a) The Commission shall conduct monthly meetings,

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conference calls, or both, and shall conduct at least 2 public
hearings, as the co-chairpersons shall direct, before filing
its final written findings and recommendations as provided in
Section 25 of this Act. Additional public hearings may be held
at the discretion of the co-chairpersons.
(b) The public hearings shall be held at geographically
convenient locations around the State. The locations, dates,
and times of the hearings shall be determined by the
co-chairpersons on a schedule that is publicly announced no
less than 3 weeks in advance of each hearing. All hearings
shall be completed at least 2 months prior to the time for
submission of the final written findings and recommendations as
provided in Section 25 of this Act.
(c) At the public hearings, the Commission shall allow
interested persons to present their views and comments and to
present any written literature, statements, articles, or
comments. Based on attendance and time frames, the Commission
may set limits on the time each speaker may comment. These
hearings may be continued if all persons cannot be heard.
Section 20. Activities and purpose.
(a) The Commission shall conduct a thorough review of the
use of various forms of transfers and borrowing from special
funds in the State treasury in constructing the annual budget
for the State of Illinois.
(b) The Commission shall also conduct an analysis of the

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effect of Public Act 96-958 on special fund transfers since it
took effect on July 1, 2010.
(c) The Commission shall also conduct a review of the use
of various forms of fund transfers by other states in their
annual budgeting processes.
(d) Through a review of budget documents including budget
implementation legislation, the public hearings required in
Section 15 of this Act and otherwise, the Commission shall
gather information, review studies, evaluate testimony, and
consider and summarize written comments received, and shall
make written findings and recommendations as required in
Section 25 of this Act.
Section 25. Report; legislation.
(a) The Commission shall make its report to the General
Assembly on or before December 31, 2014. The report of the
Commission shall detail those findings and recommendations
supported by a majority of the voting members.
(b) The findings and recommendations shall include, but are
not limited to:
(1) A comparison of the specific purposes (as set forth
in statute or rule) for which funds are being collected
with the purposes for which funds are being used upon
transfer out of their respective special funds in the State
treasury.
(2) A determination of whether certain special funds

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should be consolidated, and the findings and criteria upon
which such recommendations were made.
(3) A determination of whether adjustments should be
made to the collection of moneys through special funds,
identifying the specific funds and the findings and
criteria upon which such recommendations were made.
(4) Identification of replacement sources of revenue
to balance any loss of revenue that would result from the
Commission's other recommendations.
(5) A determination of whether a consolidated budget
including some or all of the special funds should be
prepared and publicly available on an annual basis.
(c) In addition to the report, the Commission shall provide
to the General Assembly its recommendations in the form of
legislation. The Legislative Reference Bureau shall provide
drafting assistance to the Commission.
Section 30. Repealer. This Act is repealed on December 31,
2015.
Section 99. Effective date. This Act takes effect upon
becoming law.".