Agriculture & Conservation Committee
Filed: 2/21/2007
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1 | AMENDMENT TO HOUSE BILL 32
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2 | AMENDMENT NO. ______. Amend House Bill 32 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Natural Resources Act is | ||||||
5 | amended by adding Section 1-40 as follows: | ||||||
6 | (20 ILCS 801/1-40 new)
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7 | Sec. 1-40. Adeline Jay Geo-Karis Illinois Beach Marina; | ||||||
8 | maintenance. The Department shall formulate and implement a | ||||||
9 | 10-year program for the maintenance and reconstruction of the | ||||||
10 | Adeline Jay Geo-Karis Illinois Beach Marina. The program shall | ||||||
11 | be in place no later than January 1, 2008, and shall be known | ||||||
12 | as the Adeline Jay Geo-Karis Illinois Beach Marina Program.
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13 | Section 10. The State Finance Act is amended by changing | ||||||
14 | Sections 8.25c and 8h as follows:
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1 | (30 ILCS 105/8.25c) (from Ch. 127, par. 144.25c)
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2 | Sec. 8.25c. (a) Beginning in fiscal year 1991 and | ||||||
3 | continuing through the
third quarter of fiscal year 1993, the | ||||||
4 | State Comptroller shall order
transferred and the State | ||||||
5 | Treasurer shall transfer from the Illinois Beach
Marina Fund | ||||||
6 | (now known as the Adeline Jay Geo-Karis Illinois Beach Marina | ||||||
7 | Fund) to the General Revenue Fund 50% of the revenue deposited | ||||||
8 | into the
Illinois Beach Marina Fund. Beginning in the fourth | ||||||
9 | quarter of fiscal year
1993 and thereafter until the
sum of | ||||||
10 | $31,200,000 is paid to the General Revenue Fund, the State
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11 | Comptroller shall order transferred and the State Treasurer | ||||||
12 | shall transfer
from the Adeline Jay Geo-Karis Illinois Beach | ||||||
13 | Marina Fund (formerly known as the Illinois Beach Marina Fund)
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14 | to the General Revenue Fund 35%
25% of the
first $2,000,000 of | ||||||
15 | revenue deposited into the Adeline Jay Geo-Karis Illinois Beach | ||||||
16 | Marina Fund (formerly known as the Illinois Beach Marina Fund)
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17 | in
any fiscal year , and 75% of the revenue deposited into the | ||||||
18 | Adeline Jay Geo-Karis Illinois Beach Marina Fund (formerly | ||||||
19 | known as the Illinois Beach
Marina Fund) in excess of | ||||||
20 | $2,000,000 in any fiscal year; however, such
transfers shall | ||||||
21 | not exceed
$2,000,000 in any fiscal year . In addition,
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22 | beginning in fiscal year 1991 and thereafter until the sum of | ||||||
23 | $8,000,000
is paid to the State Boating Act Fund the State | ||||||
24 | Comptroller shall order
transferred and the State Treasurer | ||||||
25 | shall transfer from the Adeline Jay Geo-Karis Illinois Beach | ||||||
26 | Marina Fund (formerly known as the Illinois Beach
Marina Fund)
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1 | to the State Boating Act Fund 15% of the revenue deposited into
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2 | the Adeline Jay Geo-Karis Illinois Beach Marina Fund (formerly | ||||||
3 | known as the Illinois Beach Marina Fund). Beginning in fiscal | ||||||
4 | year 1992, the
transfers from the Adeline Jay Geo-Karis | ||||||
5 | Illinois Beach Marina Fund (formerly known as the Illinois | ||||||
6 | Beach Marina Fund) to the State Boating Act Fund
shall be made | ||||||
7 | only at the direction of and in the amount authorized by the
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8 | Department of Natural Resources. Moneys transferred under
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9 | authorization of this
Section to the State Boating Act Fund in | ||||||
10 | fiscal year 1992 before the
effective date of this amendatory | ||||||
11 | Act of 1991 may be transferred to the
Illinois Beach Marina | ||||||
12 | Fund (now known as the Adeline Jay Geo-Karis Illinois Beach | ||||||
13 | Marina Fund) at the direction of the Department of Natural
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14 | Resources. The transfers required under this Section
shall be | ||||||
15 | made within 30 days after the end of each quarter based on the
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16 | State Comptroller's record of receipts for the quarter. The | ||||||
17 | initial
transfers shall be made within 30 days after June 30, | ||||||
18 | 1990 based on
revenues received in the preceding quarter. | ||||||
19 | Additional transfers in
excess of the limits established under | ||||||
20 | this Section may be authorized by
the Department of Natural | ||||||
21 | Resources for accelerated
payback of the amount due.
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22 | (b) The Department may, subject to appropriations by the | ||||||
23 | General Assembly,
use monies in the Adeline Jay Geo-Karis | ||||||
24 | Illinois Beach Marina Fund (formerly known as the Illinois | ||||||
25 | Beach Marina Fund) to pay for operation,
maintenance, repairs, | ||||||
26 | or improvements to the marina project; provided,
however, that |
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1 | payment of the amounts due under the terms of subsection (a)
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2 | shall have priority on all monies deposited in this Fund.
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3 | (c) Monies on deposit in excess of that needed for payments | ||||||
4 | to the
General Revenue Fund and the State Boating Fund and in | ||||||
5 | excess of those
monies needed for the operation, maintenance, | ||||||
6 | repairs, or improvements to
the Adeline Jay Geo-Karis Illinois | ||||||
7 | Beach Marina as determined by the Department of Natural
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8 | Resources may be transferred at the discretion of the
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9 | Department to the State Parks Fund.
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10 | (Source: P.A. 94-1042, eff. 7-24-06.)
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11 | (30 ILCS 105/8h)
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12 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
13 | (a) Except as otherwise provided in this Section and | ||||||
14 | Section 8n of this Act, and (c), (d), or (e),
notwithstanding | ||||||
15 | any other
State law to the contrary, the Governor
may, through | ||||||
16 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
17 | Comptroller to transfer
a specified sum from any fund held by | ||||||
18 | the State Treasurer to the General
Revenue Fund in order to | ||||||
19 | help defray the State's operating costs for the
fiscal year. | ||||||
20 | The total transfer under this Section from any fund in any
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21 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
22 | revenues to be deposited
into the fund during that fiscal year | ||||||
23 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
24 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
25 | 2005 only, prior to calculating the July 1, 2004 final |
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1 | balances, the Governor may calculate and direct the State | ||||||
2 | Treasurer with the Comptroller to transfer additional amounts | ||||||
3 | determined by applying the formula authorized in Public Act | ||||||
4 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
5 | be made from a fund under this Section that would have the
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6 | effect of reducing the available balance in the fund to an | ||||||
7 | amount less than
the amount remaining unexpended and unreserved | ||||||
8 | from the total appropriation
from that fund estimated to be | ||||||
9 | expended for that fiscal year. This Section does not apply to | ||||||
10 | any
funds that are restricted by federal law to a specific use, | ||||||
11 | to any funds in
the Motor Fuel Tax Fund, the Intercity | ||||||
12 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
13 | Provider Relief Fund, the Teacher Health Insurance Security | ||||||
14 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, | ||||||
15 | the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||||||
16 | the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||||||
17 | Projects Fund, the Supreme Court Special State Projects Fund, | ||||||
18 | the Supplemental Low-Income Energy Assistance Fund, the Good | ||||||
19 | Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | ||||||
20 | Facility Development and Operation Fund, the Horse Racing | ||||||
21 | Equity Trust Fund, or the Hospital Basic Services Preservation | ||||||
22 | Fund, or to any
funds to which subsection (f) of Section 20-40 | ||||||
23 | of the Nursing and Advanced Practice Nursing Act applies. No | ||||||
24 | transfers may be made under this Section from the Pet | ||||||
25 | Population Control Fund. Notwithstanding any
other provision | ||||||
26 | of this Section, for fiscal year 2004,
the total transfer under |
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1 | this Section from the Road Fund or the State
Construction | ||||||
2 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
3 | revenues to be deposited
into the fund during that fiscal year | ||||||
4 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
5 | year 2005 through fiscal year 2007, no amounts may be | ||||||
6 | transferred under this Section from the Road Fund, the State | ||||||
7 | Construction Account Fund, the Criminal Justice Information | ||||||
8 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
9 | Mandatory Arbitration Fund.
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10 | In determining the available balance in a fund, the | ||||||
11 | Governor
may include receipts, transfers into the fund, and | ||||||
12 | other
resources anticipated to be available in the fund in that | ||||||
13 | fiscal year.
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14 | The State Treasurer and Comptroller shall transfer the | ||||||
15 | amounts designated
under this Section as soon as may be | ||||||
16 | practicable after receiving the direction
to transfer from the | ||||||
17 | Governor.
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18 | (a-5) Transfers directed to be made under this Section on | ||||||
19 | or before February 28, 2006 that are still pending on May 19, | ||||||
20 | 2006 ( the effective date of Public Act 94-774)
this amendatory | ||||||
21 | Act of the 94th General Assembly shall be redirected as | ||||||
22 | provided in Section 8n of this Act.
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23 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
24 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
25 | Services and Resources Act; or (iii) on or after January 1, | ||||||
26 | 2006 (the effective date of Public Act 94-511), the Child Labor |
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1 | and Day and Temporary Labor Enforcement Fund. | ||||||
2 | (c) This Section does not apply to the Demutualization | ||||||
3 | Trust Fund established under the Uniform Disposition of | ||||||
4 | Unclaimed Property Act.
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5 | (d) This Section does not apply to moneys set aside in the | ||||||
6 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
7 | scholarships and residency programs under the Podiatric | ||||||
8 | Scholarship and Residency Act. | ||||||
9 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
10 | be made under this Section from, the Pension Stabilization | ||||||
11 | Fund.
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12 | (f) This Section does not apply to the Adeline Jay | ||||||
13 | Geo-Karis Illinois Beach Marina Fund.
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14 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
15 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
16 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
17 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
18 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
19 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
20 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||||||
21 | 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | ||||||
22 | eff. 6-6-06; revised 6-19-06.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
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