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1 | | AN ACT concerning finance.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the Fiscal |
5 | | Year 2015 Emergency Act.
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6 | | Section 5. Legislative intent. The General Assembly hereby |
7 | | finds and declares that the State is confronted with an |
8 | | unprecedented fiscal crisis. This Act is to be liberally |
9 | | construed and interpreted in a manner that allows the State, |
10 | | together with other actions taken, to address the fiscal crisis |
11 | | for the fiscal year ending June 30, 2015.
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12 | | Section 10. Fund transfers. |
13 | | (a) Notwithstanding any other provision of law, but subject |
14 | | to the provisions of this Act, at the direction of and upon |
15 | | notification from the Governor, the Comptroller shall direct |
16 | | and the Treasurer shall transfer an amount specified by the |
17 | | Governor for the State's fiscal year 2015 from the following |
18 | | funds to any general fund held by the Treasurer: |
19 | | Supplemental Low-Income Energy Assistance Fund |
20 | | Food and Drug Safety Fund |
21 | | Teacher Certificate Fee Revolving Fund |
22 | | Grade Crossing Protection Fund |
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1 | | Financial Institution Fund |
2 | | General Professions Dedicated Fund |
3 | | Lobbyist Registration Administration Fund |
4 | | Agricultural Premium Fund |
5 | | Fire Prevention Fund |
6 | | Illinois State Pharmacy Disciplinary Fund |
7 | | Radiation Protection Fund |
8 | | Hospital Licensure Fund |
9 | | Underground Storage Tank Fund |
10 | | Solid Waste Management Fund |
11 | | Subtitle D Management Fund |
12 | | Illinois State Medical Disciplinary Fund |
13 | | Facility Licensing Fund |
14 | | Registered Certified Public Accountants' Administration and |
15 | | Disciplinary Fund |
16 | | Motor Vehicle Theft Prevention Trust Fund |
17 | | Weights and Measures Fund |
18 | | State and Local Sales Tax Reform Fund |
19 | | County and Mass Transit District Fund |
20 | | Local Government Tax Fund |
21 | | Illinois Fisheries Management Fund |
22 | | Capital Development Board Revolving Fund |
23 | | Intercity Passenger Rail Fund |
24 | | Illinois Health Facilities Planning Fund |
25 | | Emergency Public Health Fund |
26 | | TOMA Consumer Protection Fund |
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1 | | Fair and Exposition Fund |
2 | | State Police Vehicle Fund |
3 | | Nursing Dedicated and Professional Fund |
4 | | Underground Resources Conservation Enforcement Fund |
5 | | State Rail Freight Loan Repayment Fund |
6 | | Illinois Affordable Housing Trust Fund |
7 | | Home Care Services Agency Licensure Fund |
8 | | Fertilizer Control Fund |
9 | | Securities Investors Education Fund |
10 | | Used Tire Management Fund |
11 | | Natural Areas Acquisition Fund |
12 | | I-FLY Fund |
13 | | Illinois Prescription Drug Discount Program Fund |
14 | | ICJIA Violence Prevention Special Projects Fund |
15 | | Tattoo and Body Piercing Establishment Registration Fund |
16 | | Public Health Laboratory Services Revolving Fund |
17 | | Provider Inquiry Trust Fund |
18 | | Securities Audit and Enforcement Fund |
19 | | Drug Treatment Fund |
20 | | Feed Control Fund |
21 | | Plumbing Licensure and Program Fund |
22 | | Appraisal Administration Fund |
23 | | Trauma Center Fund |
24 | | Alternate Fuels Fund |
25 | | Federal High Speed Rail Trust Fund |
26 | | Illinois State Fair Fund |
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1 | | Agricultural Master Fund |
2 | | Human Services Priority Capital Program Fund |
3 | | State Asset Forfeiture Fund |
4 | | Health Facility Plan Review Fund |
5 | | Illinois Workers' Compensation Commission Operations Fund |
6 | | Workforce, Technology, and Economic Development Fund |
7 | | Downstate Transit Improvement Fund |
8 | | Renewable Energy Resources Trust Fund |
9 | | Energy Efficiency Trust Fund |
10 | | Pesticide Control Fund |
11 | | Partners for Conservation Fund |
12 | | Wireless Service Emergency Fund |
13 | | Death Certificate Surcharge Fund |
14 | | Illinois Adoption Registry and Medical |
15 | | Information Exchange Fund |
16 | | Fund for the Advancement of Education |
17 | | Commitment to Human Services Fund |
18 | | Illinois Standardbred Breeders Fund |
19 | | Illinois Thoroughbred Breeders Fund |
20 | | Spinal Cord Injury Paralysis Cure Research Trust Fund |
21 | | Medicaid Buy-In Program Revolving Fund |
22 | | Home Inspector Administration Fund |
23 | | Real Estate Audit Fund |
24 | | Illinois AgriFIRST Program Fund |
25 | | Performance-enhancing Substance Testing Fund |
26 | | Bank and Trust Company Fund |
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1 | | Natural Resources Restoration Trust Fund |
2 | | Illinois Power Agency Renewable Energy Resources Fund |
3 | | Real Estate Research and Education Fund |
4 | | Real Estate License Administration Fund |
5 | | Abandoned Residential Property Municipality Relief Fund |
6 | | State Police Services Fund |
7 | | Metabolic Screening and Treatment Fund |
8 | | Insurance Producer Administration Fund |
9 | | Coal Technology Development Assistance Fund |
10 | | Low-Level Radioactive Waste Facility Development and |
11 | | Operation Fund |
12 | | Low-Level Radioactive Waste Facility Closure, Post-Closure |
13 | | Care and Compensation Fund |
14 | | Illinois State Podiatric Disciplinary Fund |
15 | | Park and Conservation Fund |
16 | | Vehicle Inspection Fund |
17 | | Local Tourism Fund |
18 | | Illinois Capital Revolving Loan Fund |
19 | | Illinois Equity Fund |
20 | | Public Infrastructure Construction Loan Revolving Fund |
21 | | Insurance Financial Regulation Fund |
22 | | Dram Shop Fund |
23 | | Illinois State Dental Disciplinary Fund |
24 | | ISBE Teacher Certificate Institute Fund |
25 | | Mental Health Fund |
26 | | Tobacco Settlement Recovery Fund |
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1 | | Public Health Special State Projects Fund |
2 | | (b) The sum of transfers made pursuant to this Section may |
3 | | not exceed $26,000,000. |
4 | | (c) No transfer pursuant to this Section may be made from |
5 | | (i) any federal trust fund; (ii) any amount set aside for |
6 | | payment of debt service; (iii) any amount set aside for the |
7 | | State retirement systems governed by Article 2, 14, 15, 16, or |
8 | | 18 of the Illinois Pension Code; (iv) any fund designated for |
9 | | use exclusively by the legislative branch or the judicial |
10 | | branch, or any official or agency of the foregoing branches, or |
11 | | by the State Board of Elections or the State Board of |
12 | | Education; (v) any State fund designated for use exclusively by |
13 | | the Attorney General, the Secretary of State, the Comptroller, |
14 | | or the Treasurer without the written authorization from such |
15 | | official; or (vi) the Road Fund, Motor Fuel Tax Fund, and State |
16 | | Construction Account Fund. |
17 | | (d) No transfer made pursuant to this Section may reduce |
18 | | the cumulative balance of all of the funds held by the |
19 | | Treasurer to an amount less than the total debt service payable |
20 | | during the 12 months immediately following the date of the |
21 | | transfer on any bonded indebtedness of the State and any |
22 | | certificates issued under the Short Term Borrowing Act. When |
23 | | any of the funds from which moneys have been transferred under |
24 | | this Section have insufficient cash from which the State |
25 | | Comptroller may make expenditures properly supported by |
26 | | appropriations from the fund, then, at the direction of the |
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1 | | Director of the Governor's Office of Management and Budget, the |
2 | | State Treasurer and State Comptroller shall transfer from the |
3 | | General Revenue Fund to the fund only such amount as is |
4 | | immediately necessary to satisfy outstanding expenditure |
5 | | obligations on a timely basis, subject to the provisions of the |
6 | | State Prompt Payment Act. All or a portion of the amounts |
7 | | transferred from the General Revenue Fund to a fund pursuant to |
8 | | the preceding sentence from time to time may be re-transferred |
9 | | by the State Comptroller and the State Treasurer from the |
10 | | receiving fund into the General Revenue Fund as soon as and to |
11 | | the extent that deposits are made into or received by the |
12 | | receiving fund. If the Director of the Governor's Office of |
13 | | Management and Budget determines that any transfer to the |
14 | | general funds from any of the funds from which moneys have been |
15 | | transferred under this Section either (i) jeopardizes federal |
16 | | funding based on a written communication from a federal |
17 | | official or (ii) violates an order of a court of competent |
18 | | jurisdiction, then the Director may order the State Treasurer |
19 | | and State Comptroller, in writing, to transfer from the General |
20 | | Revenue Fund to that fund all or part of the amounts |
21 | | transferred from that fund under this Section.
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22 | | Section 15. Report. Within 5 business days of each transfer |
23 | | made pursuant to Section 10, the Director of the Governor's |
24 | | Office of Management and Budget shall deliver a report to the |
25 | | President of the Senate, the Speaker of the House of |
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1 | | Representatives, the Minority Leader of the Senate, and the |
2 | | Minority Leader of the House of Representatives that sets forth |
3 | | the following information: |
4 | | (a) The date each transfer was made. |
5 | | (b) The amount of each transfer. |
6 | | (c) In the case of a transfer from the General Revenue Fund |
7 | | to a fund of origin, the amount of such transfer and the date |
8 | | such transfer was made. |
9 | | (d) The end-of-day balance of both the fund of origin and |
10 | | the General Revenue Fund on the date the transfer was made. |
11 | | A copy of each report shall be posted on the website of the |
12 | | Governor's Office of Management and Budget within 2 business |
13 | | days after the report is delivered to the legislative leaders.
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14 | | Section 20. Repealer. This Act is repealed July 1, 2015.
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