Bill Text: IL HB4595 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Finance Emergency Budget Implementation Act of 2009. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking that is not subject to complete JCAR oversight and to suspend rules while duties under a statute are suspended. Amends the State Finance Act. Provides that for the fiscal year ending June 30, 2010, the annual amount required for transfers from the General Revenue Fund to each of the special funds from which payments are to be made under certain provisions of the Horse Racing Act of 1975 shall not exceed 92% (instead of 100%) of the annual amount for those payments from that special fund for the calendar year 1998 for the Agricultural Premium Fund; the Fair and Exposition Fund; the Standardbred Breeders Fund; and the Thoroughbred Breeders Fund. Provides that an annual $5,000,000 transfer from the General Revenue Fund to the Comprehensive Regional Planning Fund shall end on June 30, 2009. Amends the Downstate Public Transportation Act. Provides that the monthly transfer of certain use and occupation tax revenue from the General Revenue Fund to the Downstate Public Transportation Fund and the Metro-East Public Transportation Fund shall end on June 30, 2009. Provides that any moneys remaining in the Downstate Public Transportation Fund or the Metro-East Public Transportation Fund after the final payments have been made to participants in each fiscal year shall be transferred to the General Revenue Fund. Amends the Regional Transportation Authority Act. In a Section concerning the Public Transportation Fund, provides that specified transfers of moneys from the General Revenue Fund to the Public Transportation Fund end June 30, 2009. Repeals the State Facilities Closure Act. Contains a severability clause. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-07-07 - Referred to Rules Committee [HB4595 Detail]

Download: Illinois-2009-HB4595-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4595 Introduced , by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED:
See Index
Creates the Finance Emergency Budget Implementation Act of 2009. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking that is not subject to complete JCAR oversight and to suspend rules while duties under a statute are suspended. Amends the State Finance Act. Provides that for the fiscal year ending June 30, 2010, the annual amount required for transfers from the General Revenue Fund to each of the special funds from which payments are to be made under certain provisions of the Horse Racing Act of 1975 shall not exceed 92% (instead of 100%) of the annual amount for those payments from that special fund for the calendar year 1998 for the Agricultural Premium Fund; the Fair and Exposition Fund; the Standardbred Breeders Fund; and the Thoroughbred Breeders Fund. Provides that an annual $5,000,000 transfer from the General Revenue Fund to the Comprehensive Regional Planning Fund shall end on June 30, 2009. Amends the Downstate Public Transportation Act. Provides that the monthly transfer of certain use and occupation tax revenue from the General Revenue Fund to the Downstate Public Transportation Fund and the Metro-East Public Transportation Fund shall end on June 30, 2009. Provides that any moneys remaining in the Downstate Public Transportation Fund or the Metro-East Public Transportation Fund after the final payments have been made to participants in each fiscal year shall be transferred to the General Revenue Fund. Amends the Regional Transportation Authority Act. In a Section concerning the Public Transportation Fund, provides that specified transfers of moneys from the General Revenue Fund to the Public Transportation Fund end June 30, 2009. Repeals the State Facilities Closure Act. Contains a severability clause. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4595 LRB096 13379 RCE 28097 b
AN ACT concerning budget implementation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Finance Emergency Budget Implementation Act of 2009.
Section 5. Legislative intent. The General Assembly hereby
finds and declares that the State is confronted with an
unprecedented fiscal crisis. This Act is to be liberally
construed and interpreted in a manner that allows the State to
address the fiscal crisis for the fiscal year ending June 30,
2010.
Section 10. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 and by adding Section 1-100 as
follows:
(5 ILCS 100/1-100 new)
Sec. 1-100. Suspension of existing rules. During the period
July 1, 2009 through June 30, 2010, a State agency shall not
enforce rules that implement or are authorized by a statute to
the extent that the duties under that statute have been
suspended by law by the General Assembly or by Executive Order
of the Governor during that same time period. If the suspension

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of the duties under a statute is terminated or revoked during
the period July 1, 2009 through June 30, 2010, the State agency
shall enforce the rules upon the termination or revocation of
the suspension.
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the

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persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24 month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, or (iii) emergency rules adopted by the
Illinois Department of Public Health under subsections (a)
through (i) of Section 2 of the Department of Public Health Act
when necessary to protect the public's health. Two or more
emergency rules having substantially the same purpose and
effect shall be deemed to be a single rule for purposes of this
Section.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,

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except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2000 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (e). The adoption of emergency rules authorized by
this subsection (e) shall be deemed to be necessary for the
public interest, safety, and welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2001 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections

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5-115 and 5-125 do not apply to rules adopted under this
subsection (f). The adoption of emergency rules authorized by
this subsection (f) shall be deemed to be necessary for the
public interest, safety, and welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2002 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (g). The adoption of emergency rules authorized by
this subsection (g) shall be deemed to be necessary for the
public interest, safety, and welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2003 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (h). The adoption of emergency rules authorized by

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this subsection (h) shall be deemed to be necessary for the
public interest, safety, and welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of this amendatory
Act of the 93rd General Assembly or any other budget initiative
for fiscal year 2004 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (i). The adoption of emergency rules authorized by
this subsection (i) shall be deemed to be necessary for the
public interest, safety, and welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to

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administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of this
amendatory Act of the 94th General Assembly or any other budget
initiative for fiscal year 2006 may be adopted in accordance
with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on
the adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (k). The Department of Healthcare and Family
Services may also adopt rules under this subsection (k)
necessary to administer the Illinois Public Aid Code, the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year

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2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2010 budget,

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emergency rules to implement any provision of this amendatory
Act of the 96th General Assembly or any other budget initiative
for fiscal year 2010 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (n). The adoption of emergency rules authorized by
this subsection (n) shall be deemed to be necessary for the
public interest, safety, and welfare.
(Source: P.A. 94-48, eff. 7-1-05; 94-838, eff. 6-6-06; 95-12,
eff. 7-2-07; 95-331, eff. 8-21-07.)
Section 15. The State Finance Act is amended by changing
Sections 6z-69 and 8g as follows:
(30 ILCS 105/6z-69)
Sec. 6z-69. Comprehensive Regional Planning Fund.
(a) As soon as possible after July 1, 2007, and on each
July 1 thereafter through June 30, 2009, the State Treasurer
shall transfer $5,000,000 from the General Revenue Fund to the
Comprehensive Regional Planning Fund.
(b) Subject to appropriation, the Illinois Department of
Transportation shall make lump sum distributions from the
Comprehensive Regional Planning Fund as soon as possible after
each July 1 to the recipients and in the amounts specified in

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subsection (c). The recipients must use the moneys for
comprehensive regional planning purposes.
(c) Each year's distribution under subsection (b) shall be
as follows: (i) 70% to the Chicago Metropolitan Agency for
Planning (CMAP); (ii) 25% to the State's other Metropolitan
Planning Organizations (exclusive of CMAP), each Organization
receiving a percentage equal to the percent its area population
represents to the total population of the areas of all the
State's Metropolitan Planning Organizations (exclusive of
CMAP); and (iii) 5% to the State's Rural Planning Agencies,
each Agency receiving a percentage equal to the percent its
area population represents to the total population of the areas
of all the State's Rural Planning Agencies.
(Source: P.A. 95-677, eff. 10-11-07.)
(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

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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

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1998, except that for the fiscal year ending June 30, 2010, the
annual amount required for those payments shall not exceed 92%
of the annual amount for those payments from that special fund
for the calendar year 1998 for the Agricultural Premium Fund;
the Fair and Exposition Fund; the Standardbred Breeders Fund;
and the Thoroughbred Breeders Fund. 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.

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(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

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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

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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

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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

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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

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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

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$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

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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) Notwithstanding any other provision of law to the
contrary, in addition to any other transfers that may be
provided for by law on June 30, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the remaining balance from
the designated funds into the General Revenue Fund and any
future deposits that would otherwise be made into these funds
must instead be made into the General Revenue Fund:
(1) the Keep Illinois Beautiful Fund;
(2) the Metropolitan Fair and Exposition Authority
Reconstruction Fund;
(3) the New Technology Recovery Fund;
(4) the Illinois Rural Bond Bank Trust Fund;
(5) the ISBE School Bus Driver Permit Fund;
(6) the Solid Waste Management Revolving Loan Fund;
(7) the State Postsecondary Review Program Fund;

HB4595 - 21 - LRB096 13379 RCE 28097 b
(8) the Tourism Attraction Development Matching Grant
Fund;
(9) the Patent and Copyright Fund;
(10) the Credit Enhancement Development Fund;
(11) the Community Mental Health and Developmental
Disabilities Services Provider Participation Fee Trust
Fund;
(12) the Nursing Home Grant Assistance Fund;
(13) the By-product Material Safety Fund;
(14) the Illinois Student Assistance Commission Higher
EdNet Fund;
(15) the DORS State Project Fund;
(16) the School Technology Revolving Fund;
(17) the Energy Assistance Contribution Fund;
(18) the Illinois Building Commission Revolving Fund;
(19) the Illinois Aquaculture Development Fund;
(20) the Homelessness Prevention Fund;
(21) the DCFS Refugee Assistance Fund;
(22) the Illinois Century Network Special Purposes
Fund; and
(23) the Build Illinois Purposes Fund.
(z) In addition to any other transfers that may be provided
for by law, on July 1, 2005, or as soon as may be practical
thereafter, 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.

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(aa) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $9,000,000 from
the General Revenue Fund to the Presidential Library and Museum
Operating Fund.
(bb) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $6,803,600 from
the General Revenue Fund to the Securities Audit and
Enforcement Fund.
(cc) In addition to any other transfers that may be
provided for by law, on or after July 1, 2005 and until May 1,
2006, 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, 2006.
(dd) 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

HB4595 - 23 - LRB096 13379 RCE 28097 b
Aid (now Director of Healthcare and Family Services), 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.
(ee) Notwithstanding any other provision of law, on July 1,
2006, or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the
remaining balance from the Illinois Civic Center Bond Fund to
the Illinois Civic Center Bond Retirement and Interest Fund.
(ff) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Director of the Governor's Office of Management and Budget, the
State Comptroller shall direct and the State Treasurer shall
transfer amounts not exceeding a total of $1,900,000 from the
General Revenue Fund to the Illinois Capital Revolving Loan
Fund.
(gg) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until May 1,
2007, 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

HB4595 - 24 - LRB096 13379 RCE 28097 b
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2007.
(hh) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.................$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ii) In addition to any other transfers that may be
provided for by law, on or before August 31, 2006, the Governor
and the State Comptroller may agree to transfer the surplus
cash balance from the General Revenue Fund to the Budget
Stabilization Fund and the Pension Stabilization Fund in equal
proportions. The determination of the amount of the surplus
cash balance shall be made by the Governor, with the
concurrence of the State Comptroller, after taking into account
the June 30, 2006 balances in the general funds and the actual
or estimated spending from the general funds during the lapse
period. Notwithstanding the foregoing, the maximum amount that
may be transferred under this subsection (ii) is $50,000,000.

HB4595 - 25 - LRB096 13379 RCE 28097 b
(jj) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(kk) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(ll) In addition to any other transfers that may be
provided for by law, on the first day of each calendar quarter
of the fiscal year beginning July 1, 2006, or as soon
thereafter as practical, the State Comptroller shall direct and
the State Treasurer shall transfer from the General Revenue
Fund amounts equal to one-fourth of $20,000,000 to the
Renewable Energy Resources Trust Fund.
(mm) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
(nn) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State

HB4595 - 26 - LRB096 13379 RCE 28097 b
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
(oo) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts identified as net receipts
from the sale of all or part of the Illinois Student Assistance
Commission loan portfolio from the Student Loan Operating Fund
to the General Revenue Fund. The maximum amount that may be
transferred pursuant to this Section is $38,800,000. In
addition, no transfer may be made pursuant to this Section that
would have the effect of reducing the available balance in the
Student Loan Operating Fund to an amount less than the amount
remaining unexpended and unreserved from the total
appropriations from the Fund estimated to be expended for the
fiscal year. The State Treasurer and Comptroller shall transfer
the amounts designated under this Section as soon as may be
practical after receiving the direction to transfer from the
Governor.
(pp) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
(qq) In addition to any other transfers that may be

HB4595 - 27 - LRB096 13379 RCE 28097 b
provided for by law, on and after July 1, 2007 and until May 1,
2008, 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, 2008.
(rr) In addition to any other transfers that may be
provided for by law, on and after July 1, 2007 and until June
30, 2008, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.................$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ss) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General

HB4595 - 28 - LRB096 13379 RCE 28097 b
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(tt) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(uu) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
(vv) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
(ww) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,500,000 from the General
Revenue Fund to the Predatory Lending Database Program Fund.
(xx) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General

HB4595 - 29 - LRB096 13379 RCE 28097 b
Revenue Fund to the Digital Divide Elimination Fund.
(yy) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Infrastructure
Fund.
(zz) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(aaa) In addition to any other transfers that may be
provided for by law, on and after July 1, 2008 and until May 1,
2009, 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, 2009.
(bbb) In addition to any other transfers that may be
provided for by law, on and after July 1, 2008 and until June
30, 2009, at the direction of and upon notification from the

HB4595 - 30 - LRB096 13379 RCE 28097 b
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.............$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ccc) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $7,450,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(ddd) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(Source: P.A. 94-58, eff. 6-17-05; 94-91, eff. 7-1-05; 94-816,
eff. 5-30-06; 94-839, eff. 6-6-06; 95-331, eff. 8-21-07;
95-707, eff. 1-11-08; 95-744, eff. 7-18-08.)
Section 20. The Downstate Public Transportation Act is
amended by changing Sections 2-3 and 2-15 as follows:

HB4595 - 31 - LRB096 13379 RCE 28097 b
(30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
Sec. 2-3. (a) As soon as possible after the first day of
each month, beginning July 1, 1984 and ending June 30, 2009,
upon certification of the Department of Revenue, the
Comptroller shall order transferred, and the Treasurer shall
transfer, from the General Revenue Fund to a special fund in
the State Treasury which is hereby created, to be known as the
"Downstate Public Transportation Fund", an amount equal to 2/32
(beginning July 1, 2005, 3/32) of the net revenue realized from
the "Retailers' Occupation Tax Act", as now or hereafter
amended, the "Service Occupation Tax Act", as now or hereafter
amended, the "Use Tax Act", as now or hereafter amended, and
the "Service Use Tax Act", as now or hereafter amended, from
persons incurring municipal or county retailers' or service
occupation tax liability for the benefit of any municipality or
county located wholly within the boundaries of each participant
other than any Metro-East Transit District participant
certified pursuant to subsection (c) of this Section during the
preceding month, except that the Department shall pay into the
Downstate Public Transportation Fund 2/32 (beginning July 1,
2005 and ending June 30, 2009, 3/32) of 80% of the net revenue
realized under the State tax Acts named above within any
municipality or county located wholly within the boundaries of
each participant, other than any Metro-East participant, for
tax periods beginning on or after January 1, 1990. Net revenue

HB4595 - 32 - LRB096 13379 RCE 28097 b
realized for a month shall be the revenue collected by the
State pursuant to such Acts during the previous month from
persons incurring municipal or county retailers' or service
occupation tax liability for the benefit of any municipality or
county located wholly within the boundaries of a participant,
less the amount paid out during that same month as refunds or
credit memoranda to taxpayers for overpayment of liability
under such Acts for the benefit of any municipality or county
located wholly within the boundaries of a participant.
(b) As soon as possible after the first day of each month,
beginning July 1, 1989 and ending June 30, 2009, upon
certification of the Department of Revenue, the Comptroller
shall order transferred, and the Treasurer shall transfer, from
the General Revenue Fund to a special fund in the State
Treasury which is hereby created, to be known as the
"Metro-East Public Transportation Fund", an amount equal to
2/32 of the net revenue realized, as above, from within the
boundaries of Madison, Monroe, and St. Clair Counties, except
that the Department shall pay into the Metro-East Public
Transportation Fund 2/32 of 80% of the net revenue realized
under the State tax Acts specified in subsection (a) of this
Section within the boundaries of Madison, Monroe and St. Clair
Counties for tax periods beginning on or after January 1, 1990.
A local match equivalent to an amount which could be raised by
a tax levy at the rate of .05% on the assessed value of
property within the boundaries of Madison County is required

HB4595 - 33 - LRB096 13379 RCE 28097 b
annually to cause a total of 2/32 of the net revenue to be
deposited in the Metro-East Public Transportation Fund.
Failure to raise the required local match annually shall result
in only 1/32 being deposited into the Metro-East Public
Transportation Fund after July 1, 1989 and ending June 30,
2009, or 1/32 of 80% of the net revenue realized for tax
periods beginning on or after January 1, 1990 and ending June
30, 2009.
(b-5) As soon as possible after the first day of each
month, beginning July 1, 2005 and ending June 30, 2009, upon
certification of the Department of Revenue, the Comptroller
shall order transferred, and the Treasurer shall transfer, from
the General Revenue Fund to the Downstate Public Transportation
Fund, an amount equal to 3/32 of 80% of the net revenue
realized from within the boundaries of Monroe and St. Clair
Counties under the State Tax Acts specified in subsection (a)
of this Section and provided further that, beginning July 1,
2005, the provisions of subsection (b) shall no longer apply
with respect to such tax receipts from Monroe and St. Clair
Counties.
(b-6) As soon as possible after the first day of each
month, beginning July 1, 2008 and ending June 30, 2009, upon
certification by the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer, from
the General Revenue Fund to the Downstate Public Transportation
Fund, an amount equal to 3/32 of 80% of the net revenue

HB4595 - 34 - LRB096 13379 RCE 28097 b
realized from within the boundaries of Madison County under the
State Tax Acts specified in subsection (a) of this Section and
provided further that, beginning July 1, 2008, the provisions
of subsection (b) shall no longer apply with respect to such
tax receipts from Madison County.
(c) The Department shall certify to the Department of
Revenue the eligible participants under this Article and the
territorial boundaries of such participants for the purposes of
the Department of Revenue in subsections (a) and (b) of this
Section.
(d) For the purposes of this Article, beginning in fiscal
year 2009 the General Assembly shall appropriate an amount from
the Downstate Public Transportation Fund equal to the sum total
funds projected to be paid to the participants pursuant to
Section 2-7. If the General Assembly fails to make
appropriations sufficient to cover the amounts projected to be
paid pursuant to Section 2-7, this Act shall constitute an
irrevocable and continuing appropriation from the Downstate
Public Transportation Fund of all amounts necessary for those
purposes.
(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
(30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)
Sec. 2-15. Except as otherwise provided in this Section,
all funds which remain in the Downstate Public Transportation
Fund or the Metro-East Public Transportation Fund after the

HB4595 - 35 - LRB096 13379 RCE 28097 b
payment of the fourth quarterly payment to participants other
than Metro-East Transit District participants and the last
monthly payment to Metro-East Transit participants in each
fiscal year shall be transferred (i) to the General Revenue
Fund through fiscal year 2008 and (ii) to the Downstate Transit
Improvement Fund for fiscal year 2009 and each fiscal year
thereafter. Transfers shall be made no later than 90 days
following the end of such fiscal year. Beginning fiscal year
2010, all moneys each year in the Downstate Transit Improvement
Fund, held solely for the benefit of the participants in the
Downstate Public Transportation Fund and shall be appropriated
to the Department to make competitive capital grants to the
participants of the respective funds. However, such amount as
the Department determines to be necessary for (1) allocation to
participants for the purposes of Section 2-7 for the first
quarter of the succeeding fiscal year and (2) an amount equal
to 2% of the total allocations to participants in the fiscal
year just ended to be used for the purpose of audit adjustments
shall be retained in such Funds to be used by the Department
for such purposes.
(Source: P.A. 95-708, eff. 1-18-08.)
Section 25. The Regional Transportation Authority Act is
amended by changing Section 4.09 as follows:
(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)

HB4595 - 36 - LRB096 13379 RCE 28097 b
Sec. 4.09. Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund.
(a)(1) As soon as possible after the first day of each
month, beginning July 1, 1984 and ending June 30, 2009, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to a special fund in the State
Treasury to be known as the Public Transportation Fund an
amount equal to 25% of the net revenue, before the deduction of
the serviceman and retailer discounts pursuant to Section 9 of
the Service Occupation Tax Act and Section 3 of the Retailers'
Occupation Tax Act, realized from any tax imposed by the
Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
amounts deposited into the Regional Transportation Authority
tax fund created by Section 4.03 of this Act, from the County
and Mass Transit District Fund as provided in Section 6z-20 of
the State Finance Act and 25% of the amounts deposited into the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the State and Local Sales Tax Reform Fund
as provided in Section 6z-17 of the State Finance Act. On the
first day of the month following the date that the Department
receives revenues from increased taxes under Section 4.03(m) as
authorized by this amendatory Act of the 95th General Assembly,
in lieu of the transfers authorized in the preceding sentence,
upon certification of the Department of Revenue, the

HB4595 - 37 - LRB096 13379 RCE 28097 b
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 25% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
(i) 80% of the proceeds of any tax imposed by the Authority at
a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any
tax imposed by the Authority at the rate of 1% in Cook County,
and (iii) one-third of the proceeds of any tax imposed by the
Authority at the rate of 0.75% in the Counties of DuPage, Kane,
Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%
of the net revenue realized from any tax imposed by the
Authority pursuant to Section 4.03.1, and 25% of the amounts
deposited into the Regional Transportation Authority tax fund
created by Section 4.03 of this Act from the County and Mass
Transit District Fund as provided in Section 6z-20 of the State
Finance Act, and 25% of the amounts deposited into the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund from the State and Local Sales Tax Reform Fund as provided
in Section 6z-17 of the State Finance Act. As used in this
Section, net revenue realized for a month shall be the revenue
collected by the State pursuant to Sections 4.03 and 4.03.1
during the previous month from within the metropolitan region,
less the amount paid out during that same month as refunds to
taxpayers for overpayment of liability in the metropolitan

HB4595 - 38 - LRB096 13379 RCE 28097 b
region under Sections 4.03 and 4.03.1.
(2) On the first day of the month following the effective
date of this amendatory Act of the 95th General Assembly and
each month thereafter through June 2009, upon certification by
the Department of Revenue, the Comptroller shall order
transferred and the Treasurer shall transfer from the General
Revenue Fund to the Public Transportation Fund an amount equal
to 5% of the net revenue, before the deduction of the
serviceman and retailer discounts pursuant to Section 9 of the
Service Occupation Tax Act and Section 3 of the Retailers'
Occupation Tax Act, realized from any tax imposed by the
Authority pursuant to Sections 4.03 and 4.03.1 and certified by
the Department of Revenue under Section 4.03(n) of this Act to
be paid to the Authority and 5% of the amounts deposited into
the Regional Transportation Authority tax fund created by
Section 4.03 of this Act from the County and Mass Transit
District Fund as provided in Section 6z-20 of the State Finance
Act, and 5% of the amounts deposited into the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund from the State and Local Sales Tax Reform Fund as provided
in Section 6z-17 of the State Finance Act, and 5% of the
revenue realized by the Chicago Transit Authority as financial
assistance from the City of Chicago from the proceeds of any
tax imposed by the City of Chicago under Section 8-3-19 of the
Illinois Municipal Code.
(3) As soon as possible after the first day of January,

HB4595 - 39 - LRB096 13379 RCE 28097 b
2009 and each month thereafter through June 30, 2009, upon
certification of the Department of Revenue with respect to the
taxes collected under Section 4.03, the Comptroller shall order
transferred and the Treasurer shall transfer from the General
Revenue Fund to the Public Transportation Fund an amount equal
to 25% of the net revenue, before the deduction of the
serviceman and retailer discounts pursuant to Section 9 of the
Service Occupation Tax Act and Section 3 of the Retailers'
Occupation Tax Act, realized from (i) 20% of the proceeds of
any tax imposed by the Authority at a rate of 1.25% in Cook
County, (ii) 25% of the proceeds of any tax imposed by the
Authority at the rate of 1% in Cook County, and (iii) one-third
of the proceeds of any tax imposed by the Authority at the rate
of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and
Will, all pursuant to Section 4.03, and the Comptroller shall
order transferred and the Treasurer shall transfer from the
General Revenue Fund to the Public Transportation Fund (iv) an
amount equal to 25% of the revenue realized by the Chicago
Transit Authority as financial assistance from the City of
Chicago from the proceeds of any tax imposed by the City of
Chicago under Section 8-3-19 of the Illinois Municipal Code.
(b)(1) All moneys deposited in the Public Transportation
Fund and the Regional Transportation Authority Occupation and
Use Tax Replacement Fund, whether deposited pursuant to this
Section or otherwise, are allocated to the Authority. The
Comptroller, as soon as possible after each monthly transfer

HB4595 - 40 - LRB096 13379 RCE 28097 b
provided in this Section and after each deposit into the Public
Transportation Fund, shall order the Treasurer to pay to the
Authority out of the Public Transportation Fund the amount so
transferred or deposited. Any Additional State Assistance and
Additional Financial Assistance paid to the Authority under
this Section shall be expended by the Authority for its
purposes as provided in this Act. The balance of the amounts
paid to the Authority from the Public Transportation Fund shall
be expended by the Authority as provided in Section 4.03.3. The
Comptroller, as soon as possible after each deposit into the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund provided in this Section and Section 6z-17 of
the State Finance Act, shall order the Treasurer to pay to the
Authority out of the Regional Transportation Authority
Occupation and Use Tax Replacement Fund the amount so
deposited. Such amounts paid to the Authority may be expended
by it for its purposes as provided in this Act. The provisions
directing the distributions from the Public Transportation
Fund and the Regional Transportation Authority Occupation and
Use Tax Replacement Fund provided for in this Section shall
constitute an irrevocable and continuing appropriation of all
amounts as provided herein. The State Treasurer and State
Comptroller are hereby authorized and directed to make
distributions as provided in this Section. (2) Provided,
however, no moneys deposited under subsection (a) of this
Section shall be paid from the Public Transportation Fund to

HB4595 - 41 - LRB096 13379 RCE 28097 b
the Authority or its assignee for any fiscal year until the
Authority has certified to the Governor, the Comptroller, and
the Mayor of the City of Chicago that it has adopted for that
fiscal year an Annual Budget and Two-Year Financial Plan
meeting the requirements in Section 4.01(b).
(c) In recognition of the efforts of the Authority to
enhance the mass transportation facilities under its control,
the State shall provide financial assistance ("Additional
State Assistance") in excess of the amounts transferred to the
Authority from the General Revenue Fund under subsection (a) of
this Section. Additional State Assistance shall be calculated
as provided in subsection (d), but shall in no event exceed the
following specified amounts with respect to the following State
fiscal years:
1990 $5,000,000;
1991 $5,000,000;
1992 $10,000,000;
1993 $10,000,000;
1994 $20,000,000;
1995 $30,000,000;
1996 $40,000,000;
1997 $50,000,000;
1998 $55,000,000; and
each year thereafter $55,000,000.
(c-5) The State shall provide financial assistance
("Additional Financial Assistance") in addition to the

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Additional State Assistance provided by subsection (c) and the
amounts transferred to the Authority from the General Revenue
Fund under subsection (a) of this Section. Additional Financial
Assistance provided by this subsection shall be calculated as
provided in subsection (d), but shall in no event exceed the
following specified amounts with respect to the following State
fiscal years:
2000 $0;
2001 $16,000,000;
2002 $35,000,000;
2003 $54,000,000;
2004 $73,000,000;
2005 $93,000,000; and
each year thereafter $100,000,000.
(d) Beginning with State fiscal year 1990 and continuing
for each State fiscal year thereafter, the Authority shall
annually certify to the State Comptroller and State Treasurer,
separately with respect to each of subdivisions (g)(2) and
(g)(3) of Section 4.04 of this Act, the following amounts:
(1) The amount necessary and required, during the State
fiscal year with respect to which the certification is
made, to pay its obligations for debt service on all
outstanding bonds or notes issued by the Authority under
subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
(2) An estimate of the amount necessary and required to
pay its obligations for debt service for any bonds or notes

HB4595 - 43 - LRB096 13379 RCE 28097 b
which the Authority anticipates it will issue under
subdivisions (g)(2) and (g)(3) of Section 4.04 during that
State fiscal year.
(3) Its debt service savings during the preceding State
fiscal year from refunding or advance refunding of bonds or
notes issued under subdivisions (g)(2) and (g)(3) of
Section 4.04.
(4) The amount of interest, if any, earned by the
Authority during the previous State fiscal year on the
proceeds of bonds or notes issued pursuant to subdivisions
(g)(2) and (g)(3) of Section 4.04, other than refunding or
advance refunding bonds or notes.
The certification shall include a specific schedule of debt
service payments, including the date and amount of each payment
for all outstanding bonds or notes and an estimated schedule of
anticipated debt service for all bonds and notes it intends to
issue, if any, during that State fiscal year, including the
estimated date and estimated amount of each payment.
Immediately upon the issuance of bonds for which an
estimated schedule of debt service payments was prepared, the
Authority shall file an amended certification with respect to
item (2) above, to specify the actual schedule of debt service
payments, including the date and amount of each payment, for
the remainder of the State fiscal year.
On the first day of each month of the State fiscal year in
which there are bonds outstanding with respect to which the

HB4595 - 44 - LRB096 13379 RCE 28097 b
certification is made, the State Comptroller shall order
transferred and the State Treasurer shall transfer from the
General Revenue Fund to the Public Transportation Fund the
Additional State Assistance and Additional Financial
Assistance in an amount equal to the aggregate of (i)
one-twelfth of the sum of the amounts certified under items (1)
and (3) above less the amount certified under item (4) above,
plus (ii) the amount required to pay debt service on bonds and
notes issued during the fiscal year, if any, divided by the
number of months remaining in the fiscal year after the date of
issuance, or some smaller portion as may be necessary under
subsection (c) or (c-5) of this Section for the relevant State
fiscal year, plus (iii) any cumulative deficiencies in
transfers for prior months, until an amount equal to the sum of
the amounts certified under items (1) and (3) above, plus the
actual debt service certified under item (2) above, less the
amount certified under item (4) above, has been transferred;
except that these transfers are subject to the following
limits:
(A) In no event shall the total transfers in any State
fiscal year relating to outstanding bonds and notes issued
by the Authority under subdivision (g)(2) of Section 4.04
exceed the lesser of the annual maximum amount specified in
subsection (c) or the sum of the amounts certified under
items (1) and (3) above, plus the actual debt service
certified under item (2) above, less the amount certified

HB4595 - 45 - LRB096 13379 RCE 28097 b
under item (4) above, with respect to those bonds and
notes.
(B) In no event shall the total transfers in any State
fiscal year relating to outstanding bonds and notes issued
by the Authority under subdivision (g)(3) of Section 4.04
exceed the lesser of the annual maximum amount specified in
subsection (c-5) or the sum of the amounts certified under
items (1) and (3) above, plus the actual debt service
certified under item (2) above, less the amount certified
under item (4) above, with respect to those bonds and
notes.
The term "outstanding" does not include bonds or notes for
which refunding or advance refunding bonds or notes have been
issued.
(e) Neither Additional State Assistance nor Additional
Financial Assistance may be pledged, either directly or
indirectly as general revenues of the Authority, as security
for any bonds issued by the Authority. The Authority may not
assign its right to receive Additional State Assistance or
Additional Financial Assistance, or direct payment of
Additional State Assistance or Additional Financial
Assistance, to a trustee or any other entity for the payment of
debt service on its bonds.
(f) The certification required under subsection (d) with
respect to outstanding bonds and notes of the Authority shall
be filed as early as practicable before the beginning of the

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State fiscal year to which it relates. The certification shall
be revised as may be necessary to accurately state the debt
service requirements of the Authority.
(g) Within 6 months of the end of each fiscal year, the
Authority shall determine:
(i) whether the aggregate of all system generated
revenues for public transportation in the metropolitan
region which is provided by, or under grant or purchase of
service contracts with, the Service Boards equals 50% of
the aggregate of all costs of providing such public
transportation. "System generated revenues" include all
the proceeds of fares and charges for services provided,
contributions received in connection with public
transportation from units of local government other than
the Authority, except for contributions received by the
Chicago Transit Authority from a real estate transfer tax
imposed under subsection (i) of Section 8-3-19 of the
Illinois Municipal Code, and from the State pursuant to
subsection (i) of Section 2705-305 of the Department of
Transportation Law (20 ILCS 2705/2705-305), and all other
revenues properly included consistent with generally
accepted accounting principles but may not include: the
proceeds from any borrowing, and, beginning with the 2007
fiscal year, all revenues and receipts, including but not
limited to fares and grants received from the federal,
State or any unit of local government or other entity,

HB4595 - 47 - LRB096 13379 RCE 28097 b
derived from providing ADA paratransit service pursuant to
Section 2.30 of the Regional Transportation Authority Act.
"Costs" include all items properly included as operating
costs consistent with generally accepted accounting
principles, including administrative costs, but do not
include: depreciation; payment of principal and interest
on bonds, notes or other evidences of obligations for
borrowed money of the Authority; payments with respect to
public transportation facilities made pursuant to
subsection (b) of Section 2.20; any payments with respect
to rate protection contracts, credit enhancements or
liquidity agreements made under Section 4.14; any other
cost as to which it is reasonably expected that a cash
expenditure will not be made; costs for passenger security
including grants, contracts, personnel, equipment and
administrative expenses, except in the case of the Chicago
Transit Authority, in which case the term does not include
costs spent annually by that entity for protection against
crime as required by Section 27a of the Metropolitan
Transit Authority Act; the costs of Debt Service paid by
the Chicago Transit Authority, as defined in Section 12c of
the Metropolitan Transit Authority Act, or bonds or notes
issued pursuant to that Section; the payment by the
Commuter Rail Division of debt service on bonds issued
pursuant to Section 3B.09; expenses incurred by the
Suburban Bus Division for the cost of new public

HB4595 - 48 - LRB096 13379 RCE 28097 b
transportation services funded from grants pursuant to
Section 2.01e of this amendatory Act of the 95th General
Assembly for a period of 2 years from the date of
initiation of each such service; costs as exempted by the
Board for projects pursuant to Section 2.09 of this Act;
or, beginning with the 2007 fiscal year, expenses related
to providing ADA paratransit service pursuant to Section
2.30 of the Regional Transportation Authority Act; or in
fiscal years 2008 through 2012 inclusive, costs in the
amount of $200,000,000 in fiscal year 2008, reducing by
$40,000,000 in each fiscal year thereafter until this
exemption is eliminated. If said system generated revenues
are less than 50% of said costs, the Board shall remit an
amount equal to the amount of the deficit to the State. The
Treasurer shall deposit any such payment in the General
Revenue Fund; and
(ii) whether, beginning with the 2007 fiscal year, the
aggregate of all fares charged and received for ADA
paratransit services equals the system generated ADA
paratransit services revenue recovery ratio percentage of
the aggregate of all costs of providing such ADA
paratransit services.
(h) If the Authority makes any payment to the State under
paragraph (g), the Authority shall reduce the amount provided
to a Service Board from funds transferred under paragraph (a)
in proportion to the amount by which that Service Board failed

HB4595 - 49 - LRB096 13379 RCE 28097 b
to meet its required system generated revenues recovery ratio.
A Service Board which is affected by a reduction in funds under
this paragraph shall submit to the Authority concurrently with
its next due quarterly report a revised budget incorporating
the reduction in funds. The revised budget must meet the
criteria specified in clauses (i) through (vi) of Section
4.11(b)(2). The Board shall review and act on the revised
budget as provided in Section 4.11(b)(3).
(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;
95-906, eff. 8-26-08.)
(30 ILCS 608/Act rep.)
Section 90. The State Facilities Closure Act is repealed.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.
HB4595 - 50 - LRB096 13379 RCE 28097 b
INDEX
Statutes amended in order of appearance
5 ILCS 100/1-100 new
5 ILCS 100/5-45 from Ch. 127, par. 1005-45
30 ILCS 105/6z-69
30 ILCS 105/8g
30 ILCS 740/2-3 from Ch. 111 2/3, par. 663
30 ILCS 740/2-15 from Ch. 111 2/3, par. 675.1
70 ILCS 3615/4.09 from Ch. 111 2/3, par. 704.09
30 ILCS 608/Act rep.